Authors Guild, Inc. v. Hathitrust
MOTION, to extend time, on behalf of Appellant Australian Society Of Authors Limited, Australian Society Of Authors Limited, Authors Guild, Inc., Authors League Fund, Inc., Authors' Licensing and Collecting Society, Pat Cummings, Pat Cummins, Erik Grundstrom, Angelo Loukakis, Norsk Faglitteraer Forfatter0OG Oversetterforening, Roxana Robinson, Helge Ronning, Andre Roy, Jack R. Salamanca, James Shapiro, James Shapiro, Daniele Simpson, Danielle Simpson, T.J. Stiles, Sveriges Forfattarforbund, Union Des Ecrivaines Et Des Ecrivains Quebecois and Fay Weldon, FILED. Service date 06/05/2012 by CM/ECF.  [12-4547]
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT
U.S. Courthouse 4 Foley Square, New York, NY 10007 Telephone: 212-857-8500
MOTION INFORMATION STATEMENT
Docket Numbtr(c): 1 2—4547
cap:ior isc shon :i:ic]
Iotion for: Extension of Time to File Reply & Appendix
THE AUTHORS GUILD, INC., ET AL. V.
Sd forth below precise, complete statement QirelteFsoLIght
Motion for extension of time to file Reply Brief and
Deferred Joint Appendix.
The deadlines to file are
June 14 and June21, respectively. This motion
requests a seven-day extension for each.
MOVINGPARTYTHE AUTHORS GUILD, INC., ETAL.
OPPOSINGPARTV:HATHrFRUST, ETAL.(See Attached)
OPPOSING ATTORNEY: Joseph Petersen, Esq., et al.
MOVING ATTORNEY: Edward H. Rosenthal, Esg.
Enaine of artDrney, with firm, address, phone number and e-mail]
Frankfurt Kurnit Klein & Selz, P.C.
488 Madison Avenue 10th Floor
Coua-Judge/Agency appcald form: Honorable Harold Baer, U .S.D.J.
Please check appropriate hovs:
oiifi 1 opposing counsel (Fequircd by Local Rule 27.1):
FOR EMERGENC\ MOTIONS. MOTIONS FOR STAYS AND
INJIJNCTIO]NS PENDlrc APPEAL:
Has requeL for relief been made below?
Has ibis relief been prciousIv sough’ in lb’s Ucuil’
Reouesled relum dale and expJonat,on of ernerge’lcy.
Cipaw cotncel s pc’s:(Ior or. mcccii.
no’oosed [)pnosed Jort Know
counsel :n,cac to file a response:
D Vc-sNo UDar,t Know
Is oral arguinern on motion rcqi,eIrd.
argument dare ofappeal been set’
Si nature of Moving Attorney:
ENO (requests for oral argumen! “:11 not necessarily be gran(ed
!fyes. crier date:
father [Attach prfofsenice]
IT IS HEREBY ORDEKED THAT the motion is GRANTED DENIED.
FOR TIlE COURT
CATHERINE O’i-IAGAN WOLFE, Clerk of’Court
Kilpatrick Townsend & Stockton LU’
1114 Avenue of the Americas
New York, NY 10036
Allison Scott Roach
Kilpatrick Townsend & Stockton LLP
1100 Peachtree Street, Suite 2800
Atlanta, Georgia 30309
Attorneys for Defendants-Appellees
Daniel F. Goldstein
Jcssica P. Weber
Brown, Goldstein & Levy, LEP
120 F. Baltimore Street, Suite 1700
Baltimore, Maryland 21202
Robert J. Bernstein
The Law Office of Robert J. Bernstein
380 Lexington Avenue,
York, New York 10168
5402 Surrey Street
Chevy Chase, Maryland 20815
Attorneys for Intervenor Defendants-Appellees
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
THE AUTHORS GUILD, INC., et al.,
Docket Number: 12-4547
HATHITRUST, et aL,
DECLARATION OF EDWARD H. ROSENTHAL IN SUPPORT OF MOTION FOR
EXTENSION OF TIME TO FILE APPELLANTS’ REPLY BRIEF AND THE
DEFERRED JOINT APPENJ)JX
I, Edward H. Rosenthal, hereby declare under penalty of perjury, pursuant to 28 U.S.C.
1746, that the following is true and correct:
1am an attorney licensed to practice in the State of New York and before this
Court. I am a member of the law firm Frankfurt Kurnit Klein & Selz, P.C., counsel for
This declaration is based on personal knowledge and submitted in support of
Appellants’ motion for an extension of time to file their Reply Brief and the Deferred Joint
Appendix in this action.
Appellants request an extension of seven (7) days to file their Reply Brief,
currently due June 14,2013, up to and including June 21, 2013.
In addition to the separate briefs filed by Appellees and Intervenor Defendants
Appellees, eleven amici curiae briefs were filed in support of the Appellees and Intervener
Defendants-Appellees. Appellants request additional time to review and respond to the
arguments set forth by all interested parties.
Appellants further request an extension of seven (7) days to file the Deferred Joint
Appendix, currently due June 21, 2013, up to and including June 28, 2013.
Accordingly, pursuant to Federal Rule of Appellate Procedure 30(c)(2)Q3), the
date on which Appellants, Appellees and Intervenor Defendants-Appellees must serve and file
copies of their briefs containing references to the pages of the Deferred Joint Appendix is July
This is the first request for an extension of time made by Appellants. Counsel for
Appellees and Intervenor Defendants-Appellees have consented to the relief sought in this
Dated: New York, New York
Edward H. Rosenthal
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