The Authors Guild v. Google, Inc.

Filing 1

NOTICE OF CIVIL APPEAL, with district court docket, on behalf of Appellant The Authors Guild, Betty Miles, Jim Bouton, and Joseph Goulden, FILED. [1126602] [13-4829]

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Case 1:05-cv-08136-DC Document 1092 Filed 12/23/13 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------- x The Authors Guild, Inc., Associational Plaintiff, Betty Miles, Joseph Goulden, and Jim Bouton, individually and on behalf of all others similarly situated, Plaintiffs, v. Google Inc., Defendant. : : : : : : : : : : : : Case No. 05 CV 8136-DC ------------------------------------- x NOTICE OF APPEAL NOTICE IS HEREBY GIVEN that Plaintiffs The Authors Guild, Inc., Associational Plaintiff, Betty Miles, Joseph Goulden and Jim Bouton, individually and on behalf of all others similarly situated (“Plaintiffs”) in the above-captioned action hereby appeal to the United States Court of Appeals for the Second Circuit from the Judgment entered on November 27, 2013 and the Amended Judgment entered on December 11, 2013 granting Defendant’s motion for summary judgment, denying Plaintiffs’ motion for partial summary judgment, and dismissing Plaintiffs’ claims with prejudice. Respectfully submitted on this 23rd day of December, 2013. FRANKFURT KURNIT KLEIN & SELZ, P.C. By: /s/ Edward H. Rosenthal Edward H. Rosenthal, Esq. Jeremy S. Goldman, Esq. 488 Madison Avenue, 10th Floor New York, New York 10022 Phone (212) 980-0120 Fax: (212) 593-9175 Case 1:05-cv-08136-DC Document 1092 Filed 12/23/13 Page 2 of 2 Michael J. Boni (pro hac vice) Joshua D. Snyder John E. Sindoni BONI & ZACK LLC 15 St. Asaphs Rd. Bala Cynwyd, PA 19004 Tel: (610) 822-0200 Fax: (610) 822-0206 mboni@bonizack.com jsnyder@bonizack.com jsindoni@bonizack.com Robert J. LaRocca (pro hac vice) KOHN SWIFT & GRAF, P.C. One South Broad Street, Suite 2100 Philadelphia, PA 19107 Tel: (215) 238-1700 Fax: (215) 238-1968 rlarocca@kohnswift.com Sanford P. Dumain MILBERG LLP One Pennsylvania Plaza New York, NY 10119 Tel: (212) 594-5300 Fax: (212) 868-1229 sdumain@milberg.com Attorneys for Plaintiffs 2 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 1 of 144 CLOSED, APPEAL, ECF U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:05−cv−08136−DC The Authors Guild et al v. Google Inc. Assigned to: Judge Denny Chin Related Cases: 1:05−cv−08881−DC 1:10−cv−02977−DC Case in other court: USCA 2nd Circuit, 09−02224−cv Cause: 17:101 Copyright Infringement Plaintiff Herbert Mitgang TERMINATED: 01/17/2012 Date Filed: 09/20/2005 Date Terminated: 11/27/2013 Jury Demand: Both Nature of Suit: 820 Copyright Jurisdiction: Federal Question represented by Michael J. Boni Boni &Zack LLC 15 St. Asaphs Road Bala Cynwyd, PA 19004 (610) 822−0200 Fax: (610) 822−0206 Email: mboni@bonizack.com LEAD ATTORNEY Sanford P. Dumain Milberg LLP (NYC) One Pennsylvania Plaza New York, NY 10119 212−594−5300 Fax: 212−868−1229 Email: sdumain@milberg.com LEAD ATTORNEY Joanne E. Zack Boni &Zack LLC 15 St. Asaphs Road Bala Cynwyd, PA 19004 (610)−822−0202 Fax: (610)−822−0206 Email: jzack@bonizack.com Robert J. Larocca Kohn, Swift &Graf, P.C. One South Broad Street Suite 2100 Philadelphia, PA 19107 (215) 238−1700 Fax: (215) 238−1968 Email: rlarocca@kohnswift.com PRO HAC VICE Plaintiff Betty Miles individually and on behalf of all others similarly situated represented by Michael J. Boni (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Sanford P. Dumain (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joanne E. Zack (See above for address) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 2 of 144 ATTORNEY TO BE NOTICED Robert J. Larocca (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Plaintiff Daniel Hoffman individually and on behalf of all others similarly situated TERMINATED: 01/17/2012 represented by Michael J. Boni (See above for address) LEAD ATTORNEY Sanford P. Dumain (See above for address) LEAD ATTORNEY Joanne E. Zack (See above for address) Robert J. Larocca (See above for address) PRO HAC VICE Plaintiff Paul Dickson TERMINATED: 01/17/2012 represented by Joanne E. Zack (See above for address) Michael J. Boni (See above for address) Robert J. Larocca (See above for address) PRO HAC VICE Sanford P. Dumain (See above for address) Plaintiff Joseph Goulden individually and on behalf of all others similarly situated represented by Joanne E. Zack (See above for address) ATTORNEY TO BE NOTICED Michael J. Boni (See above for address) ATTORNEY TO BE NOTICED Robert J. Larocca (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Sanford P. Dumain (See above for address) ATTORNEY TO BE NOTICED Plaintiff Association of American Publishers, Inc. represented by Jeffrey Paul Cunard Debevoise &Plimpton LLP (DC) 919 Third Avenue New York, NY 10022 212−909−6000 Fax: 212−909−6836 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 3 of 144 Email: jpcunard@debevoise.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bruce P. Keller Debevoise &Plimpton, LLP (NYC) 919 Third Avenue,31st Floor New York, NY 10022 212 909−6000 Fax: 212 909−6836 Email: bpkeller@debevoise.com ATTORNEY TO BE NOTICED Plaintiff The McGraw−Hill Companies, Inc. represented by Jeffrey Paul Cunard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bruce P. Keller (See above for address) ATTORNEY TO BE NOTICED Plaintiff Pearson Education, Inc. represented by Jeffrey Paul Cunard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bruce P. Keller (See above for address) ATTORNEY TO BE NOTICED Plaintiff Pearson Education, Inc. represented by Jeffrey Paul Cunard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bruce P. Keller (See above for address) ATTORNEY TO BE NOTICED Plaintiff Simon &Schuster, Inc. represented by Jeffrey Paul Cunard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bruce P. Keller (See above for address) ATTORNEY TO BE NOTICED Plaintiff John Wiley &Sons, Inc. individually and on behalf of all others similarly situated represented by Jeffrey Paul Cunard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bruce P. Keller (See above for address) ATTORNEY TO BE NOTICED Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 4 of 144 Plaintiff Canadian Standard Association represented by Kristin Hackett Neuman Proskauer Rose LLP (NY) 11 Times Square New York, NY 10036 (203)321−2924 Email: kneuman@proskauer.com TERMINATED: 09/21/2009 LEAD ATTORNEY William Irwin Kohn Benesch Friedlander Coplan &Aronoff LLP 200 Public Square Cleveland, OH 44114 (216)−363−4182 Fax: (216)−363−4588 Email: wkohn@beneschlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Bruce P. Keller (See above for address) ATTORNEY TO BE NOTICED Plaintiff Jim Bouton represented by Joanne E. Zack (See above for address) ATTORNEY TO BE NOTICED Michael J. Boni (See above for address) ATTORNEY TO BE NOTICED Plaintiff The Authors Guild represented by Edward Henry Rosenthal Frankfurt Kurnit Klein &Selz, P.C. 488 Madison Avenue New York, NY 10022 (212)−980−0120 Fax: (212)−593−9175 Email: erosenthal@fkks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jeremy Seth Goldman Frankfurt Kurnit Klein &Selz, P.C. 488 Madison Avenue New York, NY 10022 (212)980−0120 x705−4843 Fax: (212) 593−9175 Email: jgoldman@fkks.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Michael J. Boni (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Sanford P. Dumain (See above for address) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 5 of 144 LEAD ATTORNEY ATTORNEY TO BE NOTICED Joanne E. Zack (See above for address) ATTORNEY TO BE NOTICED Robert J. Larocca (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED V. Appellant Lewis Hyde TERMINATED: 06/08/2011 represented by Nathan Z. Dershowitz Dershowitz, Eiger &Adelson, P.C. 220 Fifth Avenue, Suite 300 New York, NY 10001 (212) 889−4009 Fax: (212) 889−3595 Email: ndershowitz@lawdea.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Martin Garbus Davis &Gilbert LLP 1740 Broadway New York, NY 10019 212 468 4883 Fax: 212 468 4888 Email: mgarbus@evw.com ATTORNEY TO BE NOTICED Appellant Harry Lewis TERMINATED: 06/08/2011 represented by Martin Garbus (See above for address) ATTORNEY TO BE NOTICED Appellant Open Access Trust Inc. TERMINATED: 06/08/2011 represented by Martin Garbus (See above for address) ATTORNEY TO BE NOTICED Appellant Charles Nesson TERMINATED: 06/08/2011 represented by Charles Nesson PRO SE Appellant Nicholas Negroponte TERMINATED: 06/08/2011 represented by Nicholas Negroponte PRO SE V. Defendant Google Inc. represented by David J. Silbert Keker &Van Nest, LLP 710 Sansome Street San Francisco, CA 94111 (415) 391−5400 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 6 of 144 Fax: (415) 397−7188 TERMINATED: 03/24/2009 LEAD ATTORNEY PRO HAC VICE Melissa J. Miksch Keker &Van Nest, LLP 710 Sansome Street San Francisco, CA 94111 (415) 391−5400 Fax: (415) 397−7188 Email: mmiksch@kvn.com TERMINATED: 03/24/2009 LEAD ATTORNEY PRO HAC VICE Robert Jay Bernstein The Law Offices of Robert J. Bernstein 380 Lexington Avenue, 17th Floor New York, NY 10022 (212) 551−1068 Fax: (212) 551−1001 Email: rjb@robert−bernsteinlaw.com TERMINATED: 05/11/2006 LEAD ATTORNEY Ronald Lee Raider Kilpatrick Townsend &Stockton LLP(GA) 1100 Peachtree Street Suite 2800 Atlanta, GA 30309 (404)−532−6909 Fax: (404)−815−6555 Email: rraider@kilpatrickstockton.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Adam Howard Charnes Kilpatrick Stockton LLP (NC ) 1001 West Fourth Street Winston−Salem, NC 27101 (336)−607−7382 Fax: (336)−734−2602 Email: acharnes@kilpatricktownsend.com PRO HAC VICE ATTORNEY TO BE NOTICED Alex Seth Fonoroff , S Kilpatrick Townsend &Stockton LLP(GA) 1100 Peachtree Street Suite 2800 Atlanta, GA 30309 (404)−815−6436 Fax: (404)−541−3202 Email: afonoroff@kilpatrickstockton.com ATTORNEY TO BE NOTICED Daralyn Jeannine Durie Durie Tangri LLP 217 Leidesdorff Street San Francisco, CA 94111 (415) 362−6666 Fax: (415) 236−6300 Email: ddurie@durietangri.com Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 7 of 144 PRO HAC VICE ATTORNEY TO BE NOTICED David Floyd McGowan Durie Tangri LLP 217 Leidesdorff Street San Francisco, CA 94111 (415) 362−6666 Fax: (415) 236−6300 Email: dmcgowan@durietangri.com PRO HAC VICE ATTORNEY TO BE NOTICED Genevieve P Rosloff Durie Tangri LLP 217 Leidesdorff Street San Francisco, CA 94111 (415) 632−6666 Fax: (415) 236−6300 Email: jrosloff@durietangri.com PRO HAC VICE ATTORNEY TO BE NOTICED Jeffrey A. Conciatori Quinn Emanuel 51 Madison Avenue, 22nd Floor New York, NY 10010 212−702−8130 Fax: 212−702−8200 Email: jeffreyconciatori@quinnemanuel.com ATTORNEY TO BE NOTICED Joseph M. Beck Kilpatrick Townsend &Stockton LLP(GA) 1100 Peachtree Street Suite 2800 Atlanta, GA 30309 (404)−815−6406 Fax: (404)−541−3126 Email: jbeck@kilpatrickstockton.com PRO HAC VICE ATTORNEY TO BE NOTICED Joseph C. Gratz Durie Tangri LLP 217 Leidesdorff Street San Francisco, CA 94111 (415) 362−6666 Fax: (415) 236−6300 Email: jgratz@durietangri.com PRO HAC VICE ATTORNEY TO BE NOTICED ADR Provider Jack Beerman represented by Joseph Solomon Hall Kellogg, Huber, Hansen, Todd, Evans &Figel, PLLC (DC) 1615 M Street, N.W., Suite 400 Washington, DC 20036 202 326 7983 Fax: 202 326 7999 Email: jhall@khhte.com TERMINATED: 10/30/2009 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 8 of 144 Michael John Guzman Kellogg, Huber, Hansen, Todd, Evans &Figel, PLLC (DC) 1615 M Street, N.W., Suite 400 Washington, DC 20036 202−326−7910 Fax: 202−326−7999 TERMINATED: 10/30/2009 ADR Provider Privacy Authors and Publishers TERMINATED: 06/08/2011 ADR Provider Gary Rhoades ADR Provider Giles Sandeman−Allen Objector David Meininger represented by Rachel Eve Schwartz Rachel E. Schwartz, Esq., 267 Edgecome Avenue Suite 2H New York, NY 10031 (646)−415−4977 Email: racheleschwartz@juno.com LEAD ATTORNEY ATTORNEY TO BE NOTICED John W. Davis Law officec of John W. Davis 501 W. Broadway Suite 800 San Diego, CA 92101 (619) 400−4870 Fax: (619)−342−7170 Email: jwdesq@yahoo.com ATTORNEY TO BE NOTICED Objector Harold Bloom represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Elliot Abrams represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Phyllis Ammons represented by Joseph Solomon Hall (See above for address) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 9 of 144 TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Richard Armey represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Jacques Barzun represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Nicholas Basbanes represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Stephen Bates represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Shawn J. Bayern represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Michael Behe represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Case: 1:05-cv-08136-DC Michael Cox As of: 12/23/2013 06:35 PM EST 10 of 144 represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Douglas Crase represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Frank Gonzalez−Crussi represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Midge Decter represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector John Derbyshire represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Estate of Thomas M. Disch represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Gerald Early represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 11 of 144 Objector Mel Eisenberg represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Richard A. Epstein represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Henry Fetter represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector David D. Friedman represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector David Gelernter represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Gabrielle Glaser represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Mary Ann Glendon represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 12 of 144 (See above for address) TERMINATED: 10/30/2009 Objector Victor Davis Hanson represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Robert Herbold represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Arthur Herman represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Charles Hill represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Manuela Hoelterhoff represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Richard Howard represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Ishmael Jones represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 13 of 144 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Donald Kagan represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector David Kuo represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Michael Ledeen represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Susan Lee represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Mary Lefkowitz represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector David Lehman represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector John Lehman represented by Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 14 of 144 Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Howard Markel represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Sherwin B. Nuland represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Steven Ozment represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Michael Perry represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Norman Podhoretz represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Diane Ravitch represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 15 of 144 Objector Ralph Reed represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Harriet Rubin represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Sarah Ruden represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Peter Schweizer represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Roger Simon represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Roy Spencer represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Geoffrey R. Stone represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 16 of 144 (See above for address) TERMINATED: 10/30/2009 Objector Charles Sykes represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Terry Teachout represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Paco Underhill represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Ruth Wisse represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Elizabeth Wurtzel represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector John Yoo represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Objector Amazon.com, Inc. represented by Alexander F Wiles Irell &Manella LLP 840 Newport Center Drive, Suite 400 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 17 of 144 Newport Beach, CA 92660 (310)−277−1010 Fax: (310)−203−7199 Email: awiles@irell.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Nimmer Irell &Manella LLP (Los Angeles) 1800 Avenue of the Stars, Suite 900 Los Angeles, CA 90067 (310) 277−1010 Fax: (310) 203−7199 Email: dnimmer@irell.com ATTORNEY TO BE NOTICED David A. Zapolsky Amazon.Com Post Office Box 81226 Seattle, WA 98108 (206)−266−1323 Fax: (206)−266−7010 Email: davidz@amazon.com ATTORNEY TO BE NOTICED Objector Class Member Objectors represented by Cindy A. Cohn Electronic Frontier Foundation 815 Eddy Street San Francisco, CA 94109 (415) 436−9333 Fax: (415) 436−9993 Email: cindy@eff.org PRO HAC VICE ATTORNEY TO BE NOTICED Objector Studentlitteratur AB Objector Arlo Guthrie represented by Andrew C. DeVore DeVore &DeMarco, L.L.P. 99 Park Avenue 16th Floor New York, NY 10016 (212) 922−9499 Fax: (212) 922−1799 Email: acd@devoredemarco.com TERMINATED: 03/27/2012 LEAD ATTORNEY Amin S. Kassam DeVore &DeMarco, L.L.P. 99 Park Avenue 16th Floor New York, NY 10016 (212) 922−9499 Fax: (212) 922−1799 Email: akassam3@bloomberg.net TERMINATED: 03/27/2012 Objector Case: 1:05-cv-08136-DC Julia Wright As of: 12/23/2013 06:35 PM EST 18 of 144 represented by Andrew C. DeVore (See above for address) TERMINATED: 03/27/2012 LEAD ATTORNEY Amin S. Kassam (See above for address) TERMINATED: 03/27/2012 Objector Catherine Ryan Hyde represented by Andrew C. DeVore (See above for address) TERMINATED: 03/27/2012 LEAD ATTORNEY Amin S. Kassam (See above for address) TERMINATED: 03/27/2012 Objector Eugene Linden represented by Andrew C. DeVore (See above for address) TERMINATED: 03/27/2012 LEAD ATTORNEY Amin S. Kassam (See above for address) TERMINATED: 03/27/2012 Objector The American Society of Media Photographers, Inc. represented by Shirley Othmana Saed Dickstein Shapiro LLP (NYC) 1633 Broadway New York, NY 10019−6708 (212) 277−6687 Fax: (212)277−6501 Email: SaedS@dsmo.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles D. Ossola Dickstein Shapiro LLP (DC) 1825 Eye Street, N.W. Washington, DC 20006−5403 (202) 420−2200 Fax: (202) 420−2201 Email: ossolac@dicksteinshapiro.com PRO HAC VICE ATTORNEY TO BE NOTICED Christina Jacqueline DeVries Enterprise Counsel Group Five Park Plaza Suite 450 Irvine, CA 92614 (949)−833−8550 Fax: (949)−833−8540 Email: cdevries@enterprisecounsel.com ATTORNEY TO BE NOTICED Elaine Metlin Dickstein Shapiro LLP (DC) 1825 Eye Street, N.W. Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 19 of 144 Washington, DC 20006−5403 (202) 420−2200 Fax: (202) 420−2201 PRO HAC VICE ATTORNEY TO BE NOTICED Victor Sigmund Perlman American Society of Media Photographers 150 North Second Street Philadelphia, PA 19106 (215) 415−2767 Fax: (215) 451−0880 Email: perlman@asmp.org PRO HAC VICE ATTORNEY TO BE NOTICED Objector Graphic Artists Guild represented by Shirley Othmana Saed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles D. Ossola (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Christina Jacqueline DeVries (See above for address) ATTORNEY TO BE NOTICED Elaine Metlin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Victor Sigmund Perlman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Objector Picture Archive Council of America represented by Shirley Othmana Saed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles D. Ossola (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Christina Jacqueline DeVries (See above for address) ATTORNEY TO BE NOTICED Elaine Metlin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Victor Sigmund Perlman (See above for address) PRO HAC VICE Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 20 of 144 ATTORNEY TO BE NOTICED Objector North American Nature Photography Association represented by Shirley Othmana Saed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles D. Ossola (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Christina Jacqueline DeVries (See above for address) ATTORNEY TO BE NOTICED Elaine Metlin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Victor Sigmund Perlman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Objector Joel Meyerowitz represented by Shirley Othmana Saed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles D. Ossola (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Christina Jacqueline DeVries (See above for address) ATTORNEY TO BE NOTICED Elaine Metlin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Victor Sigmund Perlman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Objector Dan Budnick represented by Shirley Othmana Saed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles D. Ossola (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 21 of 144 Christina Jacqueline DeVries (See above for address) ATTORNEY TO BE NOTICED Elaine Metlin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Victor Sigmund Perlman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Objector Peter Turner represented by Shirley Othmana Saed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles D. Ossola (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Elaine Metlin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Victor Sigmund Perlman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Objector Lou Jacobs, Jr represented by Shirley Othmana Saed (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Charles D. Ossola (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Christina Jacqueline DeVries (See above for address) ATTORNEY TO BE NOTICED Elaine Metlin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Victor Sigmund Perlman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Objector Ishmael Jones represented by Joseph Solomon Hall (See above for address) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 22 of 144 TERMINATED: 10/30/2009 Objector Wendy Shalit represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Objector American Society of Journalists and Authors represented by Jennifer Lynch UC Berkeley School of Law, Samuelson Clinic 389 Simon Hall Berkeley, CA 94720 (510) 642−7515 Fax: (510) 643−4625 LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Objector Charlotte Allen represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Objector DC Comics represented by Katherine B Forrest Cravath, Swaine &Moore LLP 825 Eighth Avenue New York, NY 10019 (212) 474−1000 Fax: (212) 474−3700 Email: kforrest@cravath.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark Lloyd Silverstein Cravath, Swaine &Moore LLP 825 Eighth Avenue New York, NY 10019 (212)−474−1355 Fax: (212)−474−3700 Email: msilverstein@cravath.com ATTORNEY TO BE NOTICED Objector Microsoft Corporation represented by Charles Blaine Casper Montgomery, McCracken, Walker &Rhoads, LLP (PA) 123 South Broad Street Philadelphia, PA 19109 (215) 772−1500 x7223 Fax: (215) 731−3750 Email: ccasper@mmwr.com ATTORNEY TO BE NOTICED Richard Montgomery Donaldson Montgomery, McCraken, Walker &Rhoads, LLP (DE) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 23 of 144 1105 North Market Street Suite 1500 Wilmington, DE 19801 (302) 504−7800 Fax: (302) 504−7820 Email: rdonaldson@mmwr.com PRO HAC VICE ATTORNEY TO BE NOTICED Thomas Cort Rubin Microsoft Corporation 1 Microsoft Way Redmond, WA 98052 (425)−706−6149 Fax: (425)−708−4840 Email: tom.rubin@microsoft.com ATTORNEY TO BE NOTICED Objector Hachette Livre SA represented by Robert C. Micheletto Jones Day (NYC) 222 East 41st Street New York, NY 10017 (212)−326−3690 Fax: (212)−755−7306 Email: rmicheletto@jonesday.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava Jones Day (NYC) 222 East 41st Street New York, NY 10017 (212) 326−3939 x3746 Fax: (212) 755−7306 Email: nyadava@jonesday.com ATTORNEY TO BE NOTICED Objector Librarie Arthme Fayard SA represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Dunod Editeur SA represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Les Editions Hatier SNC represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 24 of 144 ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Editions Larousse SAS represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Editorial Salvat SL represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Grupo Anaya SA represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Algaida Editores, S.A. represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Alianza Editorial, S.A. represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Edicions Xerais De Galicia, S.A. represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 25 of 144 Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Editorial Barcanova, S.A. represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Larousse Editorial, S.L represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Grupo Editorial Bruno, S.L. represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Edelsa Grupo Didascalia, S.A. represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Hachette UK Limited represented by Robert C. Micheletto (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nidhi Yadava (See above for address) ATTORNEY TO BE NOTICED Objector Takashi Atouda represented by Yasuhiro Saito Carter, Ledyard &Milburn,L.L.P. 2 Wall Street New York, NY 10005 212 238 8614 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 26 of 144 Fax: 212 732 3232 Email: saito@clm.com ATTORNEY TO BE NOTICED Objector Susumu Nakanishi represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Akiko Shimojyu represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Jiro Asada represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Takeaki Hori represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Yuko Matsumoto represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Chihaya Takahashi represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Shinobu Yoshioka represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Kenta Yamada represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Tomotsuyo Aizawa represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Yu Ohara represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Yasumasa Kiyohara represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 27 of 144 Objector Takashi Tsujii represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Akira Nogami represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Hiroyuki Shinoda represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Toshihiko Yuasa represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Koichi Kato represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Masahiko Motoki represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Hidehiko Nakanishi represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Yashio Uemura represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Nobuo Uda represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Tsukasa Yoshida represented by Yasuhiro Saito (See above for address) ATTORNEY TO BE NOTICED Objector Canadian Standards Association represented by Kristin Hackett Neuman (See above for address) TERMINATED: 09/21/2009 LEAD ATTORNEY Mark Edward Avsec Mark E. Avsec, Esq., Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 28 of 144 200 Public Square Suite 2300 Cleveland, OH 44114−2378 (216) 363−4500 Fax: (216) 363−4588 Email: mavsec@beneschlaw.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Bruce P. Keller (See above for address) ATTORNEY TO BE NOTICED Objector Eric Jager represented by Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Objector Privacy Authors and Publishers Objector Charles D Weller Objector Charles D Weller Objector weller Objector Charles D Weller represented by Edward Frank Siegel 27600 Chagrin Blvd. #340 Cleveland, OH 44124 (216) 831−3424 Fax: (216) 831−6584 Email: efsiegel@efs−law.com PRO HAC VICE ATTORNEY TO BE NOTICED Objector Yahoo! Inc. Objector Dirk Sutro Objector Free Software Foundation, Inc. Objector Songwriters Guild of America represented by Robert Cunningham Turner Winston &Strawn LLP (NY) 200 Park Avenue New York, NY 10166 (212) 294−3538 Fax: (212) 294−4700 Email: rturner@winston.com ATTORNEY TO BE NOTICED Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 29 of 144 Objector Darlene Marshall represented by Matthew Jay Weiss Weiss &Associates, P.C 419 Park Avenue South 2nd Flr. New York, NY 10001 (212)−683−7373 Fax: (212)−726−0135 Email: mjweiss@weissandassociatespc.com ATTORNEY TO BE NOTICED Paul S. Rothstein Solo Practitioner 626 N.E. 1st St. Gainsville, FL 32601 352−376−7650 Fax: 352−374−7133 PRO HAC VICE ATTORNEY TO BE NOTICED Objector Darlene Marshall Objector Ravensburger Buchverlag Otto Maier GmbH Objector Dietrich zu Klampen Verlag GbR Objector Cornelsen Verlag GmbH Objector Cornelsen Verlag Scriptor GmbH &Co. KG Objector Karl−May−Verlag Objector VDI Verlag GmbH Objector Verlag Europa−Lehrmittel Objector Fachbuchverlag Pfanneberg Objector Friedrich Kiehl Verlag GmbH Objector P. Kerchheim Verlag represented by Paul S. Rothstein (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST Objector Martin Wichert Objector Tom Kraushaar Objector Sakari Laiho Objector Klaus W. Mueller Objector Koninklijke Van Gorcum B.V. Objector Ulich Pokern Objector Tilo Knoche Objector Dr. W. Georg Olms Objector The Deutsche Stiftung Denkmalschutz Objector Vde Verlag GmbH Objector Atrium Veriag AG Objector Hinstorff Verlag GmbH Objector Sautter &Lackmann Gachbuchhandlung Objector Dr. Martina Erdmann Objector Junius Verlag GmbH Objector Verlag Handwerk und Technik GmbH Objector Cadmos Verlag GmbH Objector Tanja Graf 30 of 144 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST Objector Arche Literatur Verlag AG Objector Alba Fachverlag GmbH &Co.KG Objector French Publishers Association Objector Les Editions De Minuit S.A. Objector The Japan Writers' Association Objector The Dutch Publishers Association (NUV) Objector Frommann−holzboog e.K. Objector Bouvier Berlag Objector "Copyright for Education and Science" (CCES) Objector Adrian Schommers Objector Dag Hernried Objector Lena Andersson Objector Caterin Christell Grimlund Objector David Stansvik Objector Par Sjolinder Objector Kristoffer Lind Objector Karl Heinz Bonny Objector 31 of 144 Case: 1:05-cv-08136-DC Andreas Schulz Objector Dr. Martin Wagner Objector Hans−Jurgen Dietrich Objector Dr. Susanne Greiner Objector Harald Kirbach Objector Chris Schoen Objector Cordula Walter−Bolhofer Objector Georg Holzmeister Objector Joachim Weilder Objector Peter Hohl Objector Dr. Reinhard Martini Objector Torbjorn Santerus Objector Russell Davis Objector Owen Atkinson Objector Gordon Charles Ell Objector Antonette R Jones Objector Ann Louise Mitcalfe Objector Malcolm Campbell Objector As of: 12/23/2013 06:35 PM EST 32 of 144 Case: 1:05-cv-08136-DC Ulf Heimdahl Objector Bernd Vincent Walbaum Objector Ingwert Paulsen Objector Sudi Shayesteh Objector Merrill Parra Objector Isabelle Jeuge−Maynary Objector Nathalie Jouven Objector Serge Enyrolles Objector Jesus Sanchez Garcia Objector E.A. van Ingen Objector Eva Swartz Objector Arnaud Nourry Objector Vincent Montagne Objector Bjorn Andersson Objector Ben−Ami Freier Objector Alain Kouck Objector Ursula Rosengart Objector Alexander Potyka Objector As of: 12/23/2013 06:35 PM EST 33 of 144 Case: 1:05-cv-08136-DC Dr. Carsten C. Hubner Objector Elisabeth Zerlauth Objector Johan de Koning Objector Joachim Kamphausen Objector Michael Cramm Objector Albrecht Oldenbourg Objector Regina Lindhoff Objector John C. Lorenz Objector Dana P. Tierney Objector Paul A. Heider Objector Sara Mella Objector Diana Kimpton Objector Norbert Treuheit Objector Teresa Cremisi Objector Kristin Nilsson Objector Brigitte Fleissner−Mikorey Objector Dr. Sven Fund Objector Olivier Nora Objector As of: 12/23/2013 06:35 PM EST 34 of 144 Case: 1:05-cv-08136-DC Kobushi Shobo Objector Bernhard Bucker Objector Hans Nijenhuis Objector Tatjana Sepin Objector Ulrike Jurgens Objector Eginhard Hohne Objector Bernd Tofflinger Objector Henk Scheenstra Objector Antoine Gallimard Objector Claude Portmann Objector Michael Schweins Objector Robert Dimbleby Objector Michael Vogtmeier Objector Klaas Jarchow Objector Stephen Cox Objector Francis Esmenard Objector Oskar Klan Objector Axel Schonberger Objector As of: 12/23/2013 06:35 PM EST 35 of 144 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST Albrecht Koschutzke Objector Jean L. Cooper Objector Kazufumi Watanabe Objector Mitchell Allen Objector Jesus Sanchez Garcia Objector Comelia Heering Objector Karin Schmidt−Friderichs Objector Dr. Felix Breidenstein Objector Mumia Abu−Tamal Objector Federacion de Gremios de Editores de Espana Objector Salley Shannon Objector Minoru Ito Objector Rose Teo Objector Aime Van Hecke Objector Stephanie Golden Objector Isabelle Magnac Objector Jesse Rutherford Objector John Mouldin Objector 36 of 144 Case: 1:05-cv-08136-DC Frank P. Scibilia Objector Dirk Sieben Objector Klaus Humann Objector Barbara Scheuch−Voetterle Objector h.c. Karl−Peter Winters Objector Vibeke Viteri−Loohuis Objector Moritz Hagenmuller Objector Tobias Koerner Objector Publishing House De Geus Objector Elizabeth Greenberg Objector Rebecca C. Jones Objector Andrea Warren Objector The State of Missouri Objector Proquest, LLC Objector The Washington Legal Foundation Objector Sarah E. Cazoneri Objector Dale Henderson Objector Matthew B. Cazoneri Objector As of: 12/23/2013 06:35 PM EST 37 of 144 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 38 of 144 Donna J. Wood Objector Karl Fogel Objector Electronic Privacy Information Center Objector Electronic Frontier Foundation et al. represented by Cindy A. Cohn (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Objector Editions Albin Michel Objector Editis Group Objector John Mauldin Objector Presses Universitaires de France Objector Science Fiction and Fantasy Writers of America, Inc. represented by Ron Lazebnik Lincoln Square Legal Services, Inc., Fordham University School of Law 33 West 60th Street Third Flr. New York, NY 10023 (212) 636−6934 Fax: (212) 636−6923 Email: rlazebnik@lsls.fordham.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED Objector American Society of Journalists and Authors, Inc. represented by Ron Lazebnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Objector America Library Association represented by Jonathan Band Jonathan Band, Esq., 21 Dupont Circle, N.W., #800 Washington, DC 20036 202−296−5675 Fax: 202−872−0884 Email: jband@policybandwidth.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 39 of 144 Objector Association of College and Research Libraries represented by Jonathan Band (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Objector Assocation of Research Libraries represented by Jonathan Band (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Objector Commonwealth of Pennsylvania, Attorney General Objector ATTCORP. represented by Derek Tam Ho Kellogg, Huber, Hansen, Todd, Evans &Figel, PLLC (DC) 1615 M Street, N.W., Suite 400 Washington, DC 20036 (202)−326−7931 Fax: (202)−326−7999 Email: dho@khhte.com ATTORNEY TO BE NOTICED Kiran Sriram Raj Kellogg, Huber, Hansen, Todd, Evans &Figel, PLLC (DC) 1615 M Street, N.W., Suite 400 Washington, DC 20036 (202)−326−7900 Fax: (202)−326−7999 PRO HAC VICE ATTORNEY TO BE NOTICED Michael K. Kellogg Kellogg, Huber, Hansen, Todd, Evans &Figel, PLLC (DC) 1615 M Street, N.W., Suite 400 Washington, DC 20036 (202) 326−7902 Fax: (202) 326−7999 Email: mkellogg@khhte.com ATTORNEY TO BE NOTICED Objector Writers' Representatives LLC Objector Questia Media Inc. represented by Lynn T. Chu Writers' Representatives LLC 116 West 14th Street New York, NY 10011 (212)−620−9009 Fax: (212)−620−0023 Email: lynn@writersreps.com ATTORNEY TO BE NOTICED Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 40 of 144 Objector Esq. Robert M. Kunstadt represented by Ilaria Maggioni R. Kunstadt, P.C. 875 6th Ave Suite 1800 New York, NY 10001 (212) 398−8881 Fax: (212) 398−2922 Email: mail@rkunstadtpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Miscellaneous Publisher's Association Miscellaneous The Canadian Publishers' Council Miscellaneous CEDRO Miscellaneous Antoine Gallimard Chief Executive Officer of the Edition Gallimard, SA Miscellaneous Australian Publishers Association Miscellaneous Ursula K. LeGuin Interested Party Olswang LLP Interested Party United States of America represented by John Dalton Clopper U.S. Attorney's Office, SDNY 86 Chambers Street New York, NY 10007 (212) 637−2716 Email: john.clopper@usdoj.gov ATTORNEY TO BE NOTICED Marisa Chun U.S. Department of Justice 950 Pennsylvania Avenue NW Washington, DC 20530 ATTORNEY TO BE NOTICED William Francis Cavanaugh , Jr United States Department of Justice (Antitrust Div) 905 Pennsylvania Avenue Rm 3214 Washington, DC 20530−0001 Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 41 of 144 (202) 353−1535 Fax: (202) 514−6543 Email: wfcavanaugh@pbwt.com ATTORNEY TO BE NOTICED V. Amicus New York Law School, Institute for Information Law and Policy represented by Daniel Joseph Kornstein Kornstein Veisz Wexler &Pollard, LLP 757 Third Avenue NY, NY 10017 (212) 418−8610 Fax: (212) 826−3640 Email: DKornstein@KVWMail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED James Taylor Lewis Grimmelmann New York Law School Institute for Information Law and Policy 57 Worth Street New York, NY 10013 (212) 431−2368 Fax: (212) 791−2144 Email: james.grimmelmann@nyls.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED Mikaela Ann McDermott Kornstein Veisz Wexler &Pollard, LLP 757 Third Avenue NY, NY 10017 (212)−418−8606 Fax: (212)−826−3640 Email: mmcdermott@kvwmail.com ATTORNEY TO BE NOTICED Amicus Computer and Communications Industry Association represented by Matthew Christian Schruers Computer &Communications Industry Association 900 17th Street Nw, Suite 1100 Washington, DC 20006 (202)−783−0070 Fax: (202)−783−0534 Email: mschruers@ccianet.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew Christian Schrurers Computer and Communications Industry Association 900 17th Street Suite 1100 Washington, DC 20006 (202) 783−0070 Fax: (202) 783−0534 PRO HAC VICE ATTORNEY TO BE NOTICED Amicus Case: 1:05-cv-08136-DC Consumer Watchdog As of: 12/23/2013 06:35 PM EST 42 of 144 represented by Daniel J. Fetterman Kasowitz, Benson, Torres &Friedman, LLP (NYC) 1633 Broadway New York, NY 10019 (212)−506−1934 Fax: (212)−506−1800 Email: dfetterman@kasowitz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Peter Jonathan Toren Kasowitz, Benson, Torres &Friedman, LLP (NYC) 1633 Broadway New York, NY 10019 (212) 506−1986 Fax: (212) 506−1800 Email: ptoren@kasowitz.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Amicus Federal Republic of Germany represented by Theodore Conrad Max Sheppard, Mullin, Richter &Hampton, LLP (NYC) 30 Rockefeller Plaza, 24th Fl. New York, NY 10112 212 692 6891 Fax: 212 983 3115 Email: tmax@sheppardmullin.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Amicus Cornell University represented by Nelson E. Roth Cornell University, 300 CCC Building, Garden Avenue Ithaca, NY 14853 607−255−2796 Fax: 607−255−2794 Email: ner3@cornell.edu LEAD ATTORNEY ATTORNEY TO BE NOTICED Amicus Sony Electronics Inc. Amicus Antitrust Law and Economics Professors Amicus Richard Blumenthal CT Attorney General State of Connecticut represented by Gary M. Becker Connecticut Office of the Attorney General 55 Elm Street Hartford, CT 06106 (860)−808−5169 Fax: (860)−808−5033 Email: gary.becker@ct.gov ATTORNEY TO BE NOTICED Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 43 of 144 Amicus Open Book Alliance represented by Anthony D Boccanfuso Arnold &Porter, LLP 399 Park Avenue New York, NY 10022 (212) 715−1315 Fax: (212) 715−1399 Email: anthony_boccanfuso@aporter.com ATTORNEY TO BE NOTICED Amicus Lyrasis, Inc. represented by Robert William Clarida Cowan, Liebowitz &Latman, P.C. 1133 Avenue of the America's New York, NY 10036 212−7909266 Fax: 212−575−0671 Email: rclarida@reitlerlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Amicus NYLINK represented by Robert William Clarida (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Amicus Bibliographical Center for Research Rocky Mountain, Inc. represented by Robert William Clarida (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Amicus French Republic Amicus The Internet Archive Amicus Public Knowledge represented by Jef Pearlman Public Knowledge 1875 Connecticut Avenue, N.W. Suite 650 Washington, DC 20009 (202) 518−0020 LEAD ATTORNEY ATTORNEY TO BE NOTICED Sherman Siy Public Knowledge 1875 Connecticut Avenue, N.W. Suite 650 Washington, DC 20009 (202) 518−0020 LEAD ATTORNEY ATTORNEY TO BE NOTICED Amicus Case: 1:05-cv-08136-DC Center for Democracy &Technology As of: 12/23/2013 06:35 PM EST 44 of 144 represented by John Burnett Morris , Jr. New York City Law Department (Bronx) 198 East 161st Street, 3rd Floor Bronx, NY 10451 (202)−637−9800 Fax: (202)−637−0968 Email: jmorris@cdt.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Amicus Japan P.E.N. Club represented by Yasuhiro Saito (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Amicus Consumer Watchdog Amicus Consumer Watchdog Amicus Digital Humanities Scholars and Law Professors represented by Babak Siavoshy Samuelson Law, Technology &Public Policy Clinic Berkeley Law School, 396 Simon Hall Berkeley, CA 94720−7200 510−643−6552 Fax: 510−643−4625 Email: bsiavoshy@law.berkeley.edu PRO HAC VICE ATTORNEY TO BE NOTICED Jennifer M. Urban Samuelson Law, Technology &Public Policy Clinic Berkeley Law School, 396 Simon Hall Berkeley, CA 94720−7200 510−642−7338 Fax: 510−643−4625 Email: jurban@law.berkeley.edu PRO HAC VICE ATTORNEY TO BE NOTICED V. Trustee Peter Gollasch V. Intervenor Harrasowitz represented by Alexandra A. E. Shapiro Shapiro, Arato &Isseries LLP 500 Fifth Avenue, 40th Floor New York, NY 10110 (212)−257−4880 Fax: (212) 202−6417 Email: ashapiro@shapiroarato.com Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 45 of 144 LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato Shapiro, Arato &Isserles LLP The Grace Building 500 Fifth Avenue, 40th Fl. New York, NY 10110 (212) 479−6729 Fax: (212)202−6417 Email: carato@shapiroarato.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Media24 represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Studentlitteratur AB represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Norstedts Forlagsgrupp AB represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Norstedts Kartor AB represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Leopard Forlag AB represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 46 of 144 ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Borsenverein des Deutschen Buchhandels represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Schweizer Buchhandler − und Verleger−Verband SBVV represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Hauptverband des Osterreichischen Buchhandels represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Svenska Forlaggareforeningen represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Czernin Verlag represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 47 of 144 Intervenor Czernin Verlag Intervenor Carl Hanser Verlag represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Dr. Lynley Hood represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Dr. Lynley Hood represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Dr. Lynley Hood represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor New Zealand Society of Authors represented by Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Intervenor Associazone Italiana Editori represented by Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 48 of 144 Alexandra A. E. Shapiro (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Cynthia S. Arato (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ThirdParty Defendant Charlotte Allen represented by Charlotte Allen PRO SE Joseph Solomon Hall (See above for address) TERMINATED: 10/30/2009 Michael John Guzman (See above for address) TERMINATED: 10/30/2009 Date Filed 09/20/2005 09/20/2005 # Docket Text 1 COMPLAINT against Google Inc. (Filing Fee $ 250.00, Receipt Number 555987)Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman.(laq, ) (Entered: 09/22/2005) SUMMONS ISSUED as to Google Inc.. (laq, ) (Entered: 09/22/2005) 09/20/2005 2 RULE 7.1 DISCLOSURE STATEMENT. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman.(laq, ) (Entered: 09/22/2005) 09/20/2005 Magistrate Judge Douglas F. Eaton is so designated. (laq, ) (Entered: 09/22/2005) 09/20/2005 Case Designated ECF. (laq, ) (Entered: 09/22/2005) 10/10/2005 3 SUMMONS RETURNED EXECUTED. Google Inc. served on 9/23/2005, answer due 10/13/2005. Service was accepted by Ashok Ramani, Legal Representative, authorized to accept service of Summons in a Civil Action, Class Action Complaint, Rule 7.1 Statement, Civil Case Cover Sheet, Magistrate Judge Eaton's and Judge Sprizzo Rules along with ECF Procedures and Guidelines, on behalf of Google Inc. Document filed by The Author's Guild. (Attachments: # 1)(Dumain, Sanford) (Entered: 10/10/2005) 10/11/2005 4 STIPULATION AND ORDER that the time for deft to respond to the complaint is extended 20 days from 10/13 to and including 11/2/05. (Signed by Judge John E. Sprizzo on 10/7/05) (cd, ) (Entered: 10/12/2005) 10/11/2005 Set Answer Due Date purs. to 4 Stipulation and Order as to Google Inc. answer due on 11/2/2005. (cd, ) (Entered: 10/12/2005) 10/11/2005 5 MOTION for Joseph M. Beck to Appear Pro Hac Vice. Document filed by Google Inc. (jco, ) (Entered: 10/12/2005) 10/11/2005 6 MOTION for Adam H. Charnes to Appear Pro Hac Vice. Document filed by Google Inc. (jco, ) (Entered: 10/12/2005) 10/24/2005 7 MOTION for an order, admitting Michael J. Boni to Appear Pro Hac Vice as counsel for Plaintiffs. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. Affidavit of Sanford P. Dumain attached.(sac, ) (Entered: 10/25/2005) 10/24/2005 8 MOTION for an order, admitting J. Kate Reznick to Appear Pro Hac Vice as counsel for Plaintiffs. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. Affidavit of Sanford P. Dumain attached.(sac, ) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 49 of 144 (Entered: 10/25/2005) 10/25/2005 10/25/2005 10/25/2005 9 ORDER granting 5 Motion for Joseph M. Beck to Appear Pro Hac Vice . (Signed by Judge John E. Sprizzo on 10/24/05) (jco, ) (Entered: 10/25/2005) Transmission to Attorney Admissions Clerk. Transmitted re: 9 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, ) (Entered: 10/25/2005) 10 ORDER granting 6 Motion for Adam H. Charnes to Appear Pro Hac Vice . (Signed by Judge John E. Sprizzo on 10/24/05) (jco, ) (Entered: 10/25/2005) 10/25/2005 Transmission to Attorney Admissions Clerk. Transmitted re: 10 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, ) (Entered: 10/25/2005) 10/27/2005 CASHIERS OFFICE REMARK on 10 Order on Motion to Appear Pro Hac Vice, 9 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 10/27/2005, Receipt Number 559555. (gm, ) (Entered: 10/27/2005) 10/28/2005 11 ORDER that dft is granted leave to submit its motion for summary judgment not to exceed 25 pages on or before 11/30/05; plaintiffs shall submit their response to dft's motion and any cross motion; together not to exceed 25 pages on or before 1/6/06; dft shall submit its replyto plaintiffs' cross motion, if any, limited to the issues raised therein not to exceed fifteen pages, on or before 1/24/06 and oral argument shall occur on 1/30/06 at 3:00 pm. in courtoom 705, 40 Centre Street. (Signed by Judge John E. Sprizzo on 10/26/05) (dle, ) (Entered: 10/31/2005) 10/28/2005 Set Deadlines/Hearings: Motions due by 11/30/2005. Replies due by 1/24/2006. Responses due by 1/6/2006 Oral Argument set for 1/30/2006 03:00 PM before Judge John E. Sprizzo. (dle, ) (Entered: 10/31/2005) 11/18/2005 12 NOTICE of Appearance by Laura Helen Gundersheim on behalf of all plaintiffs (Gundersheim, Laura) (Entered: 11/18/2005) 11/30/2005 13 RULE 7.1 DISCLOSURE STATEMENT. Document filed by Google Inc..(Bernstein, Robert) (Entered: 11/30/2005) 11/30/2005 14 ANSWER to Complaint with JURY DEMAND. Document filed by Google Inc..(Bernstein, Robert) (Entered: 11/30/2005) 12/09/2005 15 AFFIDAVIT of Sanford P. Dumain in Support re: 7 MOTION for Michael J. Boni to Appear Pro Hac Vice.. Document filed by The Author's Guild. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Gundersheim, Laura) (Entered: 12/09/2005) 12/09/2005 16 AFFIDAVIT of Sanford P. Dumain in Support re: 8 MOTION for J. Kate Reznick to Appear Pro Hac Vice.. Document filed by The Author's Guild. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Gundersheim, Laura) (Entered: 12/09/2005) 12/15/2005 17 MOTION for Alex S. Fonoroff to Appear Pro Hac Vice. Attached is Affidavit of Robert J. Bernstein in support Document filed by Google Inc.. (djc, ) (Entered: 12/16/2005) 12/15/2005 18 ORDER granting 8 Motion for J. Kate Reznick to Appear Pro Hac Vice . (Signed by Judge John E. Sprizzo on 12/13/05) (jco, ) (Entered: 12/16/2005) 12/15/2005 Transmission to Attorney Admissions Clerk. Transmitted re: 18 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, ) (Entered: 12/16/2005) 12/15/2005 19 ORDER granting 7 Motion for Michael J. Boni to Appear Pro Hac Vice . (Signed by Judge John E. Sprizzo on 12/13/05) (jco, ) (Entered: 12/16/2005) 12/29/2005 CASHIERS OFFICE REMARK on 19 Order on Motion to Appear Pro Hac Vice, 18 Order on Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 12/22/2005, Receipt Number 564907. (jd, ) (Entered: 12/29/2005) 03/16/2006 20 ORDER; granting 17 Motion for Alex S. Fonoroff, Esq. to Appear Pro Hac Vice (Signed by Judge John E. Sprizzo on 3/14/06) (sac, ) (Entered: 03/16/2006) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 50 of 144 03/16/2006 Transmission to Attorney Admissions Clerk. Transmitted re: 20 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (sac, ) (Entered: 03/16/2006) 03/29/2006 21 NOTICE OF APPEARANCE by Alex Seth Fonoroff, S on behalf of Google Inc. (Fonoroff, Alex) (Entered: 03/29/2006) 04/12/2006 22 NOTICE OF APPEARANCE by Jeffrey A. Conciatori on behalf of Google Inc. (Conciatori, Jeffrey) (Entered: 04/12/2006) 04/13/2006 23 MOTION for Ronald L. Raider to Appear Pro Hac Vice. Document filed by Google Inc. (jco, ) (Entered: 04/14/2006) 04/19/2006 24 ORDER granting 23 Motion for Ronald L. Raider to Appear Pro Hac Vice . (Signed by Judge John E. Sprizzo on 4/18/06) (jco, ) (Entered: 04/20/2006) 04/19/2006 Transmission to Attorney Admissions Clerk. Transmitted re: 24 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, ) (Entered: 04/20/2006) 05/09/2006 25 NOTICE of Substitution of Attorney. Old Attorney: Robert J. Bernstein, New Attorney: Jeffrey A. Conciatori, Address: Quinn Emanuel Urquhart Oliver &Hedges, LLP, 51 Madison Avenue, 22nd fl., New York, New York, United States 10010, 212−849−7000. Document filed by Google Inc.. (Conciatori, Jeffrey) (Entered: 05/09/2006) 05/11/2006 26 STIPULATION AND ORDER; that the law firm of Quinn Emanuel Urquhart Oliver &Hedges, LLP be substituted as counsel for dft. in the place of The Law Offices of Robert J. Bernstein. (Signed by Judge John E. Sprizzo on 4/27/06) (pl, ) (Entered: 05/11/2006) 05/11/2006 27 NOTICE OF CHANGE OF ADDRESS by Jeffrey A. Conciatori on behalf of Google Inc.. New Address: Quinn Emanuel Urquhart Oliver &Hedges, LLP, 51 Madison Avenue, 22nd Fl., New York, New York, United States 10010, 212−849−7000. (Conciatori, Jeffrey) (Entered: 05/11/2006) 05/17/2006 28 PROTECTIVE ORDER; regarding procedures to be followed that shall govern the handling of confidential information. (Signed by Judge John E. Sprizzo on 5/16/2006) (kkc, ) (Entered: 05/18/2006) 05/22/2006 29 CASE MANAGEMENT PLAN: Amended Pleadings due by 6/19/2006. Motions due by 7/2/2007. Discovery due by 4/9/2007. Pretrial Conference set for 10/23/2006 03:00 PM before Judge John E. Sprizzo; initial disclosures under Rule 26(a)(1) shall be exchanged by 5/19/06; disclosure of expert witnesses required under Rule 26(a)(2) (A) shall be exchanged on 2/16/07; initial expert reports shall be exchanged on 3/16/07; rebuttal expert reports shall be exchanged on 4/4/07; expert deposition shall be taken from 4/4/07 through 5/15/07. (Signed by Judge John E. Sprizzo on 5/12/06) (dle, ) (Entered: 05/22/2006) 06/09/2006 30 RULE 26 DISCLOSURE.Document filed by Google Inc..(Raider, Ronald) (Entered: 06/09/2006) 06/12/2006 31 RULE 26 DISCLOSURE.Document filed by Google Inc..(Raider, Ronald) (Entered: 06/12/2006) 06/19/2006 32 MOTION to Amend/Correct the Complaint. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Attachments: # 1 Text of Proposed Order # 2 Certificate of Service)(Dumain, Sanford) (Entered: 06/19/2006) 06/19/2006 33 DECLARATION of J Kate Reznick in Support re: 32 MOTION to Amend/Correct the Complaint.. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Attachments: # 1 Exhibit A (Amended Complaint)# 2 Certificate of Service)(Dumain, Sanford) (Entered: 06/19/2006) 06/19/2006 34 MEMORANDUM OF LAW in Support re: 32 MOTION to Amend/Correct the Complaint.. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Attachments: # 1 Certificate of Service)(Dumain, Sanford) (Entered: 06/19/2006) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 51 of 144 06/29/2006 35 STIPULATION AND ORDER: The parties agree as follows: Plaintiffs may amend their complaint as set forth in their moving papers, and the amended class action complaint attached to the moving papers is deemed filed on June 19, 2006. Defendant shall file a responsive pleading within thirty days of the date of this stipulation and order. (Signed by Judge John E. Sprizzo on 6/28/06) (js, ) (Entered: 06/30/2006) 07/26/2006 36 AMENDED COMPLAINT amending 1 Complaint against Google Inc.Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. Related document: 1 Complaint filed by Betty Miles,, Daniel Hoffman, The Author's Guild, Herbert Mitgang.(db, ) (Entered: 07/26/2006) 07/26/2006 37 ANSWER to Amended Complaint. Document filed by Google Inc.. Related document: 36 Amended Complaint, filed by Betty Miles,, Daniel Hoffman,, The Author's Guild,, Herbert Mitgang,, Paul Dickson,, Joseph Goulden,.(Charnes, Adam) (Entered: 07/26/2006) 09/14/2006 38 NOTICE OF APPEARANCE by Ronald Lee Raider on behalf of Google Inc. (Raider, Ronald) (Entered: 09/14/2006) 09/26/2006 39 PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge John E. Sprizzo on 9/22/2006) (lb, ) (Entered: 09/26/2006) 09/29/2006 40 NOTICE of Intent to Serve Subpoenas. Document filed by Google Inc.. (Attachments: # 1 Attachment (Part 1)# 2 Attachment (Part 2)# 3 Attachment (Part 3))(Raider, Ronald) (Entered: 09/29/2006) 10/04/2006 41 NOTICE of Intent to Serve Subpoena. Document filed by Google Inc.. (Attachments: # 1 Attachment A)(Raider, Ronald) (Entered: 10/04/2006) 10/06/2006 42 NOTICE/ORDER OF WITHDRAWAL; Shannon M. McKenna an atty at Milberg Weiss Bershad &Schulman LLP and one of the attorney for Plaintiff− The Author's Guild, hereby withdraws as counsel for said plaintiff. Milberg Weiss Bershad &Schulman LLP continues to serve as counsel for plaintiff −The Author's Guild through its atty Sanford P. Dumain who requests that all future correspondence and papers in ths action continue to be directed to him. (Signed by Judge John E. Sprizzo on 10/3/06) (djc, ) (Entered: 10/10/2006) 10/06/2006 43 MOTION for Hadley Perkins Roeltgen to Appear Pro Hac Vice. Document filed by The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (jco, ) (Entered: 10/10/2006) 10/16/2006 44 AMENDED CASE MANAGEMENT ORDER AND SCHEDULING ORDER: Amended Pleadings due by 6/19/2006. Motions due by 1/11/2008. Pretrial Conference set for 3/12/2007 03:00 PM before Judge John E. Sprizzo. (Signed by Judge John E. Sprizzo on 10/12/06) (kco, ) (Entered: 10/17/2006) 10/16/2006 45 ORDER ADMITTING ATTORNEY PRO HAC VICE. Hadley Perkins Roeltgen is permitted to argue this case. (Signed by Judge John E. Sprizzo on 10/12/06) (kco, ) (Entered: 10/17/2006) 10/17/2006 Transmission to Attorney Admissions Clerk. Transmitted re: 45 Order Admitting Attorney Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (kco, ) (Entered: 10/17/2006) 10/19/2006 CASHIERS OFFICE REMARK on 45 Order Admitting Attorney Pro Hac Vice in the amount of $25.00, paid on 10/19/2006, Receipt Number 593992. (jd, ) (Entered: 10/19/2006) 11/22/2006 46 NOTICE of Intent To Serve Subpoena. Document filed by Google Inc.. (Raider, Ronald) (Entered: 11/22/2006) 01/08/2007 47 AMENDED CASE MANAGEMENT ORDER REGARDING COORDIANTION AND SCHEDULING;the actions penidng in this Court are hereby coordinated for all pre−trial purposes before this Court....; The joint Protective order shall be entered simultaneously with the entry of this Order. Motions for Summary Judgment, if any, shall be filed Tuesday, March 11, 2008. The pretrial conference Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 52 of 144 previously scheduled for 3/12/07 is adjourned. (Signed by Judge John E. Sprizzo on 1/3/07) (djc, ) (Entered: 01/09/2007) 02/27/2007 48 AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING; The captioned actions pending in this Court are hereby coordinated for a pre−trial purposes before this Court. These actions shall be referred to herein as "Coordinated Actions". Motions due by 6/9/2007., Pretrial Conference set for 7/26/2007 03:00 PM before Judge John E. Sprizzo. (Signed by Judge John E. Sprizzo on 2/26/07) (djc) (Entered: 02/28/2007) 04/03/2007 49 NOTICE of Change of Firm Affiliation and Entry of Appearance. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Boni, Michael) (Entered: 04/03/2007) 05/23/2007 50 AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING: Third party discovery due by 4/20/2006, Merits discovery due by 5/12/2008, Disclosure of expert witnesses under Rule 26(a)(2)(A) due by 3/17/2008, Initial expert reports to be exchanged 4/14/2008. Rebuttal experts reports shall be exchanged on 5/5/2008, Expert disposition taken from 5/5/2008 − 6/16/2008. Summary Judgment Motions due by 8/11/2008; responses due 60 days. Responses due 30 days of service of the motion. Pretrial Conference set for 9/24/2007 03:00 PM before Judge John E. Sprizzo. SO ORDERED. (Signed by Judge John E. Sprizzo on 5/17/2007) (jar) (Entered: 05/24/2007) 07/25/2007 51 AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING: Motions for Summary Judgment due by 10/13/2008. Pretrial Conference set for 11/27/2007 at 03:00 PM before Judge John E. Sprizzo. All other deadlines are set forth in this order. (Signed by Judge John E. Sprizzo on 7/20/07) (kco) (Entered: 07/26/2007) 10/02/2007 52 AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING: IT IS HEREBY ORDERED that the above−captioned actions pending in this Court are hereby coordinated for all pre−trial purposes before this Court and as further set forth in this Order. Motions for Summary Judgment due by 12/15/2008. If parties wish to file motions they shall request a pre−motion conference prior to any filings. Oppositions to Motions for Summary Judgment shall be filed within 30 days of service of the motion for summary judgment. Merits Discovery due by 9/15/2008. Production of Documents deadline due by 11/26/07. Expert Depositions shall be taken from Monday, 9/8/08 through Monday, 10/20/08. Defendant's Opposition to any Motion for Class Certification shall be filed 60 days after the motion for class certification has been filed. Plaintiffs' Reply in support of Class Certification shall be filed 30 days after the Opposition is filed. All conference previously scheduled in the Coordinated Actions are hereby adjourned. The Pretrial Conference shall take place on Tues., Nov. 18, 2008. (Signed by Judge Kevin Thomas Duffy on 9/28/07)− Part I (tro) (Entered: 10/02/2007) 11/21/2007 53 AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING: The production of documents requests served shall be completed by 1/28/2008. Merit discovery due 11/17/2008. Disclosure of expert witnesses shall be exchanged on 9/22/2008. Initial expert reports shall be exchanged on 10/20/2008. Rebuttal expert reports due 11/10/2008. Expert depositions to be taken from 11/10/2008 through 12/22/2008. Motions for summary judgment due by 2/16/2009. Oppositions to Motion for summary judgment due within 30 days of service of the motion. Plaintiffs' Motion for Class Certification due 30 days after the Courts decision with respect to summary judgment. Defendant's Opposition to Motion for Class Certification due 60 days after the motion for class certification, Plaintiffs' reply in support of Class Certification due 30 days after the Opposition is filed. The pretrial conference shall take place on 11/18/2008 for the purpose of informing the Court of the status of the case. However, the parties must, in addition, contact the Court to schedule a pre−motion conference before filing any motion. (Signed by Judge Peter K. Leisure for Judge John E. Sprizzo on 11/19/2007) (jar) (Entered: 11/21/2007) 01/29/2008 54 AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING ( Expert Witness List due by 11/24/2008. Discovery due by Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 53 of 144 1/20/2009. Motions due by 4/16/2009.) Defendant's Opposition to any Motion for Class Certification shall be 60 days after the motion for class certification shall be filed 60 days after the motion for class certification has been filed. Plaintiffs' Reply in support of Class Certification shall be filed 30 days after the Opposition is filed. All conferences previously scheduled in the Coordinated Actions are hereby adjourned. So Ordered. (Signed by Judge John E. Sprizzo on 1/29/08) (js) (Entered: 01/30/2008) 10/28/2008 55 MOTION to Approve /Notice of Motion for Preliminary Settlement Approval. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman.(Boni, Michael) (Entered: 10/28/2008) 10/28/2008 56 DECLARATION of Michael J. Boni and Exhibits in Support re: 55 MOTION to Approve /Notice of Motion for Preliminary Settlement Approval.. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Boni, Michael) (Entered: 10/28/2008) 10/28/2008 57 MEMORANDUM OF LAW in Support re: 55 MOTION to Approve /Notice of Motion for Preliminary Settlement Approval.. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Boni, Michael) (Entered: 10/28/2008) 10/29/2008 60 MOTION for Daralyn J. Durie to Appear Pro Hac Vice. Document filed by Google Inc.(dle) (Entered: 11/03/2008) 10/29/2008 61 MOTION for David J. Silbert to Appear Pro Hac Vice. Document filed by Google Inc.(dle) (Entered: 11/03/2008) 10/29/2008 62 MOTION for Joseph C. Gratz to Appear Pro Hac Vice. Document filed by Google Inc.(dle) (Entered: 11/03/2008) 10/29/2008 63 MOTION for Melissa J. Miksch to Appear Pro Hac Vice. Document filed by Google Inc.(dle) (Entered: 11/03/2008) 10/30/2008 58 STIPULATION AND ORDER FOR AMENDMENT OF PLEADINGS; that pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, the parties to the above−captioned case and to The McGraw−Hill Companies, Inc., et al. v. Google Inc., No. 05 CY 8881, by and through their undersigned counsel, hereby agree that plaintiffs may. (Signed by Judge John E. Sprizzo on 10/29/08) (pl) (Entered: 10/30/2008) 10/31/2008 59 SECOND AMENDED COMPLAINT amending 36 Amended Complaint, against Google Inc. Document filed by Association of American Publishers, Inc., Associational Plaintiffs, The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc., Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. Related document: 36 Amended Complaint, filed by The Author's Guild, Betty Miles, Joseph Goulden, Paul Dickson, Herbert Mitgang, Daniel Hoffman.(dle) (Entered: 11/03/2008) 11/17/2008 64 ORDER GRANTING PRELIMINARY SETTLEMENT APPROVAL: Accordingly, it is hereby ORDERED as follows: The motion is GRANTED. The Settlement Agreement is hereby preliminarily approved. Unless otherwise specified, all defined terms herein shall have the same meaning as in the Settlement Agreement. The Settlement Class set forth within and two Sub−Classes are provisionally certified for settlement purposes only. A final settlement/fairness hearing shall be held on June 11, 2009, at 1:00 p.m., before the undersigned in Courtroom 14C, United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. The Notice Commencement Date shall be January 5, 2009. The Opt−Out Deadline shall be May 5, 2009.. (Signed by Judge John E. Sprizzo on 11/14/2008) (jfe) (Entered: 11/17/2008) 11/17/2008 Set/Reset Hearings: Settlement Conference set for 6/11/2009 at 01:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge John E. Sprizzo. (jfe) (Entered: 11/21/2008) Case: 1:05-cv-08136-DC 11/19/2008 As of: 12/23/2013 06:35 PM EST 54 of 144 CASHIERS OFFICE REMARK on 63 Motion to Appear Pro Hac Vice, 60 Motion to Appear Pro Hac Vice, 62 Motion to Appear Pro Hac Vice, 61 Motion to Appear Pro Hac Vice in the amount of $100.00, paid on 10/31/2008, Receipt Number 667652. (jd) (Entered: 11/19/2008) 12/04/2008 65 MEMORANDUM OF LAW in Opposition //JOINT OPPOSITION by Plaintiffs and Defendant to Claudia Pearson's Motion Requesting Change of Date for Final Fairness Hearing (N.B.: Motion has not yet been filed in the ECF System). Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Keller, Bruce) (Entered: 12/04/2008) 12/10/2008 66 ORDER It is hereby ordered that Claudia Pearsons motion shall be and hereby is denied; and it is further ordered that the Fairness Hearing shall occur on June 11, 2009 at 1:00 p.m. in Courtroom 14C, 500 pearl Street. (Signed by Judge Peter K. Leisure for John E. Sprizzo on 12/9/08) (mme) (Entered: 12/10/2008) 12/18/2008 67 MOTION to Approve Claim Forms / Notice of Motion on Consent for Approval of Claim Forms. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc..(Keller, Bruce) (Entered: 12/18/2008) 12/18/2008 68 MEMORANDUM OF LAW in Support re: 67 MOTION to Approve Claim Forms / Notice of Motion on Consent for Approval of Claim Forms. / Memorandum of Law in Support of Motion on Consent for Approval of Claim Forms. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Attachments: # 1 Part 2 of 4, # 2 Part 3 of 4, # 3 Part 4 of 4)(Keller, Bruce) (Entered: 12/18/2008) 12/23/2008 69 ORDER APPROVING CLAIM FORMS: granting 67 Motion to Approve Claims Forms. The Motion is GRANTED. The Court approves as to forms attached to the to the Motions as Exhibits B and C, respectively. (Signed by Judge Paul A. Crotty on 12/23/2008) (tve) (Entered: 12/23/2008) 01/08/2009 70 NOTICE OF CASE REASSIGNMENT to Judge Denny Chin. Judge John E. Sprizzo is no longer assigned to the case. (mbe) (mbe). (Entered: 01/09/2009) 02/02/2009 71 NOTICE of Substitution of Attorney. Old Attorney: Asim Bhansali, New Attorney: Daralyn J. Durie, Address: Durie Tangri Lemley Roberts &Kent LLP, 332 Pine Street, Suite 200, San Francisco, CA, USA 94104, 415−362−6666. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 02/02/2009) 03/20/2009 72 NOTICE of Opt−Out of proposed settlement agreement to this case, in both the author and the publisher sub−class. Filed by Joe Landwehr, author and publisher (DBA Ancient Tower Press). (djc) (Entered: 03/23/2009) 03/24/2009 73 MEMO ENDORSEMENT: So ordered on: 71 Notice of Substitution of Attorney, filed by Google Inc. (Signed by Judge Denny Chin on 3/24/09) (cd) (Entered: 03/24/2009) 03/30/2009 81 Objection to Proposed Settlement. (filed by Robert M. Kunstadt). (djc) (Entered: 04/14/2009) 03/31/2009 74 OBJECTION TO PROPOSED SETTLEMENT: Google pursued its copying project in calculated disregard of authors' rights. Its business plan was: "So, sue me". To approve the proposed settlement would vindicate Google's street ethics: that the law is whatever you can grab and get away with. Google's added twist −− its update on the Dickensian street pickpocket −− is that if you take very little from very many people, with a technological efficiency unimaginable to Fagan and outsourced at a low cost that he would have envied, you have some real money. Google's case should be referred to the U.S. Attorney for prosecution. Equal Justice demands no less. Filed by Robert M. Kunstadt (jpo) (Entered: 03/31/2009) 04/01/2009 75 ENDORSED LETTER addressed to Judge Denny Chin from Daniel Kornstein dated 3/27/09 re: Request that the Institute file its brief by 5/5/09. ENDORSEMENT: Approved. ( Brief due by 5/5/2009.) (Signed by Judge Denny Chin on 4/1/09) (cd) (Entered: 04/01/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 55 of 144 04/08/2009 76 MOTION for Joseph C. Gratz to Appear Pro Hac Vice. Document filed by Google Inc.(dle) (Entered: 04/09/2009) 04/08/2009 77 MOTION for Daralyn J. Durie to Appear Pro Hac Vice. Document filed by Google Inc.(dle) (Entered: 04/09/2009) 04/09/2009 78 LETTER addressed to Office of the Clerk, J. Michael McMahon from Dr. Erik H. Fournier dated 3/21/2009 re: Requesting the reimbursement of necessary attorney costs by Google Inc., Defendant, from cause of the authors copyright perception in this procedure in accordance with F.R.C.P. Rule 54 (b) (1) and (2). (jpo) (Entered: 04/09/2009) 04/10/2009 79 ORDER FOR ADMISSION PRO HAC VICE: granting 60 Motion for Daralyn J. Duri to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 4/14/2009) (jfe) (jfe). (Entered: 04/14/2009) 04/14/2009 80 ORDER FOR ADMISSION PRO HAC VICE: granting 62 Motion for Joseph C. Gratz to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 4/14/2009) (jfe) (Entered: 04/14/2009) 04/14/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 79 Order on Motion to Appear Pro Hac Vice, 80 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jfe) (Entered: 04/14/2009) 04/16/2009 82 Objection to Class Action Settlement. (filed by Anthony L. DeWitt, Atty at Law Pro Se here). (djc) (Entered: 04/20/2009) 04/23/2009 83 LETTER addressed to Judge Denny Chin and Mr. McMahon from Linda Tadic dated 4/7/2009 re: Author and member of the Author Class writes to raise objections to the parts of the settlement that will potentially impact how archives and libraries preserve access to orphan works. (tve) (Entered: 04/24/2009) 04/23/2009 84 LETTER addressed to J. Michael McMahon from Hope Ryden dated 4/17/2009 re: Author writes to raise objections to language in the Google Book Settlement. (tve) (Entered: 04/24/2009) 04/23/2009 85 LETTER addressed to J. Michael McMahon from John J. Hubbard dated 4/6/2009 re: Author wishes to opt−out of the proposed settlement and instructs Google not to include copies of any of his work, in whole or in part, including but not limited to the list further set forth in this letter in any of its databases. (tve) (Entered: 04/24/2009) 04/23/2009 86 LETTER addressed to J. Michael McMahon from Barbara Burke aka Barbara Burke Hubbard dated 4/6/2009 re: Author writes to confirm that she opted−out of the settlement and instruct Google not to include copies of any of her work, in whole or in part, including but not limited to the list further set forth in this letter in any of its databases. (tve) (Entered: 04/24/2009) 04/24/2009 92 ORDER re letters requesting a pre−motion conference from proposed interveners, Internet Archive, Lewis Hyde, Harry Lewis, and the Open Access Trust seeking leave to intervene: I have construed their letters as motions to intervene, and the motions are denied. The proposed interveners are, however, free to file objections to the proposed settlement or amicus briefs, either of which must be filed by the 5/5/09 objection deadline. (Signed by Judge Denny Chin on 4/24/09) (cd) (Entered: 04/30/2009) 04/27/2009 87 NOTICE OF APPEARANCE by Daniel Joseph Kornstein on behalf of New York Law School, Institute for Information Law and Policy (Kornstein, Daniel) (Entered: 04/27/2009) 04/27/2009 88 NOTICE OF APPEARANCE by Mikaela Ann McDermott on behalf of New York Law School, Institute for Information Law and Policy (McDermott, Mikaela) (Entered: 04/27/2009) 04/27/2009 CASHIERS OFFICE REMARK on 77 Motion to Appear Pro Hac Vice, 76 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 04/08/2009, Receipt Number 683670. (jd) (Entered: 04/27/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 56 of 144 04/28/2009 89 ORDER: Upon consideration of the letters, I will grant approximately a four−month extension, as follows:(1) Paragraph 15 of the Preliminary Approval Order is amended to extend the Opt−Out deadline to September 4, 2009 ('Extended Opt−Out Deadline"). (2) References in Paragraphs 22 and 23 of the Preliminary Approval Order to May 5, 2009 (the original "Opt−Out Deadline") are amended to refer to the Extended Opt−Out Deadline of September 4, 2009. To the extent the Court gave objectors and amici curiae until May 5, 2009 to submit their views to the Court, that date is also extended to September 4, 2009. (3) No other deadlines or provisions set forth in the Settlement Agreement will be affected by this Order. (4) Paragraph 10 of the Preliminary Approval Order is amended to provide that the Final Fairness Hearing will be held on October 7, 2009 at 10:00 a.m. before the undersigned in Courtroom llA, United States District Court for the Southern District of New York, Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007.(5) Class Counsel will promptly (a) post notice of the Extended Opt−Out Deadline and Final Fairness Hearing date at the top of the home page of the official Settlement website, (b)issue a press release to announce these dates, and (c) notify IFRRO and the other major rights organizations that have assisted the Notice Provider. So Ordered. (Signed by Judge Denny Chin on 4/28/09) (js) (Entered: 04/28/2009) 04/28/2009 90 LETTER addressed to J. Michael McMahon, Clerk of Court from Lee Killough dated April 20, 2009 re: I am writing to object to one provision of the Google settlement. (rw) (Entered: 04/29/2009) 04/28/2009 91 LETTER addressed to J. Michael McMahon, Clerk of Court from Donica Bettanin dated 20 April 2009 re: We wish to object the impending Google Book Settlement, the Fairness Hearing for which is scheduled for 11 June 2009. Our objection is enclosed. (rw) (Entered: 04/29/2009) 04/30/2009 93 ENDORSED LETTER addressed to Judge Denny Chin from Jeffrey Pearlman dated 4/28/2009 re: We write to request permission for Public Knowledge to file a brief amicus curiae on behalf of itself and other similarly interested amici in the above−captioned case on the issue of the proposed settlement's effects on orphan works−copyrighted works whose owners cannot be located. The brief, in support of neither party, will be no longer than 25 pages, and will be filed no later than May 5,2009, the date set for opt−outs and objections to the proposed settlement agreement. ENDORSEMENT: Approved. The brief shall be filed by the new opt−out date. ( Brief due by 5/5/2009.) (Signed by Judge Denny Chin on 4/30/2009) (jmi) (Entered: 05/01/2009) 05/01/2009 94 LETTER addressed to J. Michael McMahon from Mayer Brenner dated 4/24/09 re: Counsel writes to objection to several provisions of the Settlement. (mme) (Entered: 05/01/2009) 05/01/2009 95 LETTER addressed to J. Michael McMahon from Shirley A. Young dated 4/23/09 re: Counsel writes to objection to Google scanning or displaying any part of her book and it is so noted on the cover page that all rights reserved including the rights to reproduce this book or parts thereof in any form without prior written permission from the author. (mme) (Entered: 05/01/2009) 05/01/2009 96 LETTER addressed to J. Michael McMahon from John Moore dated 4/22/09 re: Counsel objects to the "opt−out" provisions of the settlement and request that the Court reject the settlement unless it is modified to "opt−in." (mme) (Entered: 05/01/2009) 05/01/2009 97 LETTER addressed to Settlement Administrator from Dennis Eddings dated 4/22/09 re: Counsel writes this letter to serve as an official notice that on behalf of his brother David Eddings, he is opting out of the Google Settlement for works by David Eddings, per the attached sheet. (mme) (Entered: 05/01/2009) 05/06/2009 98 NOTICE OF APPEARANCE by Joanne E. Zack on behalf of Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman (Zack, Joanne) (Entered: 05/06/2009) 05/06/2009 99 MOTION for John W. Davis to Appear Pro Hac Vice. Document filed by David Meininger.(dle) (Entered: 05/08/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 57 of 144 05/12/2009 100 LIBRARY ASSOCIATION COMMENTS ON THE PROPOSED SETTLEMENT. (tro) (Entered: 05/13/2009) 05/12/2009 101 LETTER addressed to J. Michael McMahon from Elanor Wood dated 5/5/09 re: Copies of the opt−out letters signed by authors and estate proprietors, as well as their lists of published works, are available upon request. (tro) (Entered: 05/13/2009) 05/12/2009 102 LETTER addressed to Judge Denny Chin from Australian Society of Authors dated 4/29/09 re: Submission to Fairness Hearing, Google books settlement, New York 11 June, by Australian Society of Authors. (tro) (Entered: 05/13/2009) 05/13/2009 103 NOTICE of opt out. Document filed by Linda D. Delgado. (djc) Modified on 5/18/2009 (tro). (tro). (Entered: 05/13/2009) 05/13/2009 104 Notice of Opt Out of Habibullah Saleem. (djc) (tro). (Entered: 05/13/2009) 05/13/2009 105 NOTICE of opt out of Maryann Mahmoodian. (djc) (tro). (Entered: 05/13/2009) 05/13/2009 106 NOTICE of opt out of Linda Kay Jitmoud. (djc) (tro). (Entered: 05/13/2009) 05/13/2009 107 NOTICE of Opt Out of Shirley Gavin Anjum. (djc) (tro). (Entered: 05/13/2009) 05/13/2009 108 NOTICE of Opt Out of Saaleh E. Bhamjee. (djc) (tro). (Entered: 05/13/2009) 05/14/2009 05/15/2009 CASHIERS OFFICE REMARK on 99 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 05/06/2009, Receipt Number 687220. (jd) (Entered: 05/14/2009) 109 ORDER granting 99 Motion for John W. Davis to Appear Pro Hac Vice for class member David Meininger.. (Signed by Judge Denny Chin on 5/15/09) (cd) (Entered: 05/15/2009) 05/15/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 109 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (cd) (Entered: 05/15/2009) 05/15/2009 110 LETTER addressed to the Clerk of Court from Dr. Else Maria Wischermann dated 5/5/09 re: Google settlement agreement (letter in German, no translation provided). (cd) (Entered: 05/15/2009) 05/15/2009 111 Submission To Fairness Hearing, Google Books Settlement, NY 6/11, by Australian Society of Authors, dated 4/29/09. (cd) (Entered: 05/15/2009) 05/22/2009 112 ENDORSED LETTER addressed to Judge Denny Chin from Michael J. Boni dated 5/20/2009 re: We write on behalf of all the settling parties to inform the Court of our position on an issue raised by Your Honor's Order of April 24, 2009. That Order states that the proposed intervenors are "free to file objections to the proposed settlement or amicus briefs..." (emphasis added). While the April 24 Order does not expressly state that any proposed intervenors who are not also members of the Settlement Class have standing to object, out of an abundance of caution we write now only to state our position that those persons lack such standing. ENDORSEMENT: My 4/24/09 Order does not purport to bestow standing on any persons who do not have standing. SO ORDERED. (Signed by Judge Denny Chin on 5/22/2009) (jmi) Modified on 5/27/2009 (jmi). (Entered: 05/22/2009) 05/26/2009 113 NOTICE OF APPEAL from 92 Order. Document filed by Lewis Hyde, Harry Lewis, Open Access Trust Inc. Filing fee $ 455.00, receipt number E 688957. (nd) (Entered: 05/26/2009) 05/26/2009 Transmission of Notice of Appeal to the District Judge re: 113 Notice of Appeal. (nd) (Entered: 05/26/2009) 05/26/2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 113 Notice of Appeal. (nd) (Entered: 05/26/2009) 06/01/2009 114 LETTER addressed to J. Michael McMahon, Clerk of Court from A. Michael Noll, Ph. D dated 5/19/09 re: Mr. Noll writes to object to the Google class action settlement. (tro) (Entered: 06/01/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 58 of 144 06/01/2009 115 LETTER addressed to J. Michael McMahon, Clerk of Court from Barbara Ann Gorte dated 4/3/09 re: Comments and Objections to Settlement for the Court's Consideration. (tro) (Entered: 06/01/2009) 06/05/2009 116 LETTER addressed to Judge Denny Chin from Takasu Jiro, Chairman of Ryutaikyo, Tokyo, Japan dated (no date provided), Re: As the chairman of a Japanese publishers' association comprising of 98 members, I hereby declare that we oppose to the Settlement so as to protect our publishing tradition from unlawful digitization by Google. (ae) (Entered: 06/05/2009) 06/12/2009 117 The Publishers' Association on Book Distribution, dated 5/18/09. (pl) (Entered: 06/12/2009) 06/15/2009 USCA Case Number 09−2224−cv from the USCA 2nd Circuit assigned to 113 Notice of Appeal filed by Lewis Hyde, Open Access Trust Inc., Harry Lewis. (tp) (Entered: 06/15/2009) 06/24/2009 118 MOTION for James Grimmelman to Appear Pro Hac Vice. Document filed by New York Law School, Institute for Information Law and Policy.(dle) (Entered: 06/25/2009) 07/01/2009 119 LETTER addressed to Judge Denny Chin from Angela EBer, Jurgen Kehrer and Andreas Izquierdo re: Representing more than 500 crime writers from Germany, Austria and Switzerland we as spokesmen for the "SYNDlKAT − Autorengruppe deutschsprachige Kriminalliteratur" are deeply concerned about the unauthorized scanning of literary texts and whole books by the Google cooperation for use in their online library on the internet. This kind of action is a violation of German and European copyright laws that calls for legal punishment. Among the authors concerned are a huge number of writers of the German language whose personal rights and private contracts for their books that they have signed with German publishers are violated by Google. (jmi) (Entered: 07/01/2009) 07/01/2009 CASHIERS OFFICE REMARK on 118 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/24/2009, Receipt Number 691944. (jd) (Entered: 07/01/2009) 07/02/2009 120 ORDER, that by letter dated July 2, 2009, a copy of which is attached hereto, the Government advises the Court that it has opened an antitrust investigation into the proposed settlement in this case.The fairness hearing is scheduled for October 7, 2009. The Court intends to conduct the hearing on that date. If the Government wishes to present its views in writing, it must do so by September 18, 2009. The Government may also appear at the hearing to present its views orally. (Signed by Judge Denny Chin on 7/2/09) (pl) (Entered: 07/02/2009) 07/02/2009 121 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, granting 118 Motion for James Grimmelman to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 7/2/09) (pl) (Entered: 07/02/2009) 07/02/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 121 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (pl) (Entered: 07/02/2009) 07/23/2009 122 ENDORSED LETTER addressed to Judge Denny Chin from R. Emmett McAuliffe dated July 16,2009 re: Pursuant to Your Honor's Individual Practice 2(A), we write on behalf of The Media Exchange Company, Inc. ("TMEC") to request a clarification of TMEC's right to object to the Settlement as anon−class member and/or file an amicus curiae brief. Despite not being a class member, TMEC believes it and its customers have an interest in the proceeding. ENDORSEMENT: Application GRANTED. TMEC may object as a non−class member and/or file an amicus brief. The Court prefers one submission. This is without prejudice to any argument the parities may make that TMEC lacks standing to object. SO ORDERED. (Signed by Judge Denny Chin on 7/23/2009) (jmi) (Entered: 07/23/2009) 07/23/2009 123 LETTER addressed to Clerk of the Court from Claude Almansi−Beguin dated 7/9/09 re: Objections to the Google Book Search Settlement Agreement. (db) (Entered: 07/23/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 59 of 144 07/23/2009 124 LETTER addressed to Administrator from John Larry Ray dated 7/12/09 re: Questions regarding the Google lawsuit settlement. (db) (Entered: 07/23/2009) 07/30/2009 133 MOTION for Matthew Christian Schruers to Appear Pro Hac Vice. Document filed by Computer and Communications Industry Association.(dle) (Entered: 08/17/2009) 08/05/2009 125 LETTER addressed to Judge Denny Chin from Andrew J. Imparato dated 7/27/2009 re: Counsel writes on behalf of The American Association of People with Disabilities (AAPD) to respectfully ask that the Court approve the proposed settlement between the Authors Guild and Google in the above captioned case. (tve) (Entered: 08/06/2009) 08/05/2009 126 LETTER addressed to Judge Denny Chin from Kathy Rowland dated 8/3/2009 re: Counsel writes to inform the Court that an objection is made to the proposed settlement. (tve) (Entered: 08/06/2009) 08/05/2009 127 LETTER from Robert Pullman dated 7/30/2009 re: The Chair of the Australian Society of Authors writes to inform the the Court that they welcomes the agreement and does not oppose it. (tve) (Entered: 08/06/2009) 08/07/2009 128 LETTER addressed to Office of the Clerk, J. Michael McMahon from Prof. Dr. Thomas Meir dated 8/1/2009 re: I want to object to the settlement as actually proposed that there is no choice to accept the digitalization of my works under the condition that they are made accessible on an open access basis only. (jpo) (Entered: 08/07/2009) 08/07/2009 129 LETTER addressed to Judge Denny Chin from John B. Forkenbrock dated 8/7/2009 re: I request the Court's permission to submit this letter in support of final settlement approval in the aforementioned case. (jpo) (Entered: 08/07/2009) 08/12/2009 130 LETTER addressed to Judge Denny Chin from Brent Wilkes, LULAC National Executive Director, dated 8/10/2009 re: The League of United Latin American Citizens wishes to formally submit this letter as amicus curiae in support of the final settlement approval. (tve) (Entered: 08/12/2009) 08/13/2009 131 LETTER addressed to Judge Denny Chin from Scott James aka Kemble Scott, author of the novels SoMa and The Sower dated August 10, 2009 re: I'm a published author whose work is at stake in the proposed settlement for The Authors Guild et al., vs. Google, Inc. I'm not a lawyer, so you'll have to excuse my lack of legalese, but... this deal stinks. Please put an end to it. It's wrong on so many levels. (rw) (Entered: 08/14/2009) 08/13/2009 132 LETTER addressed to Judge Denny Chin from Scott James dated 8/10/09 re: I'm a published author whose work is at stake in the proposed settlement for The Authors Guild, et al., vs. Google, Inc. I object to The Authors Guild, et al., vs. Google, Inc. settlement. Please intervene and stop it. (pl) (Entered: 08/14/2009) 08/17/2009 CASHIERS OFFICE REMARK on 133 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 07/30/2009, Receipt Number 696015. (jd) (Entered: 08/17/2009) 08/17/2009 134 LETTER addressed to J. Michael McMahon from Mary Croughan, Henry Powell et al, dated 8/13/09 re: Not opposed to the settlement. (cd) (Entered: 08/18/2009) 08/17/2009 135 Objection To Proposed Class Action Settlement On Behalf Of Author's Rights Class Member Ian Franckenstein, dated 8/13/09. (cd) (Entered: 08/18/2009) 08/18/2009 136 MANDATE of USCA WITHDRAWING APPEAL (Certified Copy) as to 113 Notice of Appeal filed by Lewis Hyde, Open Access Trust Inc., Harry Lewis USCA Case Number 09−2224−cv....that the appeal is hereby WITHDRAWN pursuant to Rule 42(b) of the Federal Rules of Appellate Procedure. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 8/17/2009. (nd) (Entered: 08/18/2009) 08/18/2009 Transmission of USCA Mandate/Order to the District Judge re: 136 USCA Mandate Withdrawing Appeal,. (nd) (Entered: 08/18/2009) 08/18/2009 ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Objection to propose class action settlement on behalf of Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 60 of 144 author's rights class member Ian Franckenstein/ by Attorney Jerome M. Garchik, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (eef) (Entered: 08/18/2009) 08/19/2009 137 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 133 Motion for Matthew Christian Schruers to Appear Pro Hac Vice. Matthew Christian Schruers is admitted to practice pro hac vice as counsel for Computer and Communications Industry Association in the above captioned case in this action. Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Denny Chin on 8/18/09) (tro) (Entered: 08/19/2009) 08/19/2009 138 LETTER addressed to Denny Chin from Gregory Cendana dated 8/17/2009 re: The United States Student Association (USSA) hereby requests this court's permission to submit this letter as an amicus curiae supporting final settlement approval in the above−referenced case. (tve) (Entered: 08/19/2009) 08/19/2009 139 LETTER addressed to Judge Denny Chin from John G. Flores dated 8/17/2009 re: The United States Distance Learning Association (USDLA) requests the court's permission to submit this letter as an amicus curiae supporting final settlement approval in The Authors Guild et al. v. Google, Inc, Case. (tve) (Entered: 08/19/2009) 08/19/2009 140 NOTICE of Intent to appear. I, Scott E. Gant, hereby notify the Court of my intent to appear at the Fairness Hearing in the above−captioned case, currently scheduled for October 7, 2009. As Explained in my Objection, being filed contemporaneously with this Notice, I will be appearing in my individual capacity, as a member of the proposed Author Sub−Class. (mbe) (Entered: 08/20/2009) 08/19/2009 141 Objection of Scott E. Gant to proposed settlement, and to certification of the proposed settlement class and sub−classes. (mbe) (Entered: 08/20/2009) 08/19/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 137 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tro) (Entered: 08/21/2009) 08/20/2009 142 NOTICE of Urban Libraries Council Comments on the Proposed Settlement. (mbe) (Entered: 08/20/2009) 08/20/2009 143 Objection of Scott E. Gant to proposed settlement, and to certification of the proposed settlement class and sub−classes. (jfe) (Entered: 08/20/2009) 08/20/2009 144 LETTER addressed to Judge Denny Chin from E. Ted Fox dated 8/19/2009 re: Counsel request the court's permission to submit this letter as an amicus curiae supporting final settlement approval in the above−referenced case. (jfe) (Entered: 08/20/2009) 08/20/2009 154 MOTION for Jennifer Lynch to Appear Pro Hac Vice. Document filed by Class Member Objectors.(dle) (Entered: 08/27/2009) 08/20/2009 156 MOTION for Cindy Cohn to Appear Pro Hac Vice. Document filed by Class Member Objectors.(dle) (Entered: 08/27/2009) 08/24/2009 145 FILING ERROR − DEFICIENT DOCKET ENTRY − (WRONG FILER SELECTED) − NOTICE OF APPEARANCE by Joseph Solomon Hall on behalf of The Author's Guild (Hall, Joseph) Modified on 8/25/2009 (lb). (Entered: 08/24/2009) 08/25/2009 146 FILING ERROR − DEFICIENT DOCKET ENTRY − NOTICE OF APPEARANCE by Joseph Solomon Hall on behalf of Harold Bloom (Hall, Joseph) Modified on 8/26/2009 (jar). (Entered: 08/25/2009) 08/25/2009 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Joseph Hall to RE−FILE Document 146 Notice of Appearance. ERROR(S): Each individual plaintiff listed on the Notice of Appearance must be added on to the docket. (jar) (Entered: 08/26/2009) 08/26/2009 147 NOTICE OF APPEARANCE by Joseph Solomon Hall on behalf of Elliot Abrams, Charlotte Allen, Phyllis Ammons, Richard Armey, Jacques Barzun, Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Jack Beerman, Michael Behe, Michael Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 61 of 144 Cox, Douglas Crase, Frank Gonzalez−Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David D. Friedman, David Gelernter, Gabrielle Glaser, Mary Ann Glendon, Victor Davis Hanson, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Richard Howard, Ishmael Jones, Donald Kagan, David Kuo, Michael Ledeen, Susan Lee, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Michael Perry, Norman Podhoretz, Diane Ravitch, Ralph Reed, Harriet Rubin, Sarah Ruden, Peter Schweizer, Roger Simon, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Paco Underhill, Ruth Wisse, Elizabeth Wurtzel, John Yoo, Harold Bloom (Hall, Joseph) (Entered: 08/26/2009) 08/26/2009 151 MOTION for David Nimmer to Appear Pro Hac Vice. Document filed by Amazon.com, Inc.(dle) (Entered: 08/27/2009) 08/26/2009 152 MOTION for Alexander F. Wiles to Appear Pro Hac Vice. Document filed by Amazon.com, Inc.(dle) (Entered: 08/27/2009) 08/27/2009 148 ENDORSED LETTER addressed to Judge Denny Chin from Jennifer B. Caplan dated 8/26/2009 re: Requesting permission for Sony Electronics Inc. to file an amicus curiae brief in support of approval of the proposed settlement in this matter. ENDORSEMENT: Application granted, but the amicus brief must be filed by September 4, 2009. (Signed by Judge Richard J. Sullivan on 8/27/2009) (jpo) (Entered: 08/27/2009) 08/27/2009 149 LETTER addressed to Judge Denny Chin from Kenneth L. Frazier dated 8/14/2009 re: Requesting that the Court approve the settlement agreement among the parties in this case. (jpo) (Entered: 08/27/2009) 08/27/2009 150 LETTER addressed to Judge Denny Chin from E. Ted Fox dated 8/19/2009 re: The Court should approve the Settlement in such a manner as to maximize benefits to the public and to create a platform for similar developments relating to photo imaging. (jpo) (Entered: 08/27/2009) 08/27/2009 153 LETTER addressed to Office of the Clerk, J. Michael McMahon from Yin Po Tschang re: Digitization is good. Google has the freedom to do whatever it wants. But it has no right to impose a new principle of law on us, especially one that goes against the spirit and letter of the principle of common heritage of mankind. (jpo) (Entered: 08/27/2009) 08/27/2009 155 LETTER addressed to Judge Denny Chin from Sallie Lowenstein dated 8/17/2009 re: Requesting that the Court does not approve the settlement and hence deny Google permission to change how ownership of intellectual property is protected through a settlement that is so dense that lawyers can't agree on what it means and which is clearly close to incomprehensible to the average author. (jpo) (Entered: 08/27/2009) 08/27/2009 157 LETTER addressed to Judge Denny Chin from Jonathan Brown dated 8/14/2009 re: We believe the proposed settlement will offer benefits to users of content in colleges and universities large and small. We hope that the proposed settlement will be approved.(jpo) (Entered: 08/27/2009) 08/27/2009 158 LETTER addressed to Judge Denny Chin from Susan Benton dated 8/19/2009 re: Requesting that the Court require the parties to address the issues raised in this document before approving the proposed settlement. (jpo) (Entered: 08/27/2009) 08/27/2009 CASHIERS OFFICE REMARK on 154 Motion to Appear Pro Hac Vice, 156 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 08/20/2009, Receipt Number 697871. (jd) (Entered: 08/27/2009) 08/27/2009 CASHIERS OFFICE REMARK on 151 Motion to Appear Pro Hac Vice, 152 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 08/26/2009, Receipt Number 698403. (jd) (Entered: 08/27/2009) 08/28/2009 159 LETTER addressed to Judge Denny Chin from Jeanine Varner, Ph.D., Provost, Abilene Christian Inversity, dated August 26, 2009 re: We, the undersigned, request your permission to submit this letter as an amicus curiae in support of final settlement approval in the above case. (rw) (Entered: 08/28/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 62 of 144 08/28/2009 160 LETTER addressed to Office of the Clerk, J. Michael McMahon, from Arthur Ramous dated August 21, 2009 re: I'm staying in the Settlement; however I have the following comment to make. (rw) Modified on 8/28/2009 (rw). (Entered: 08/28/2009) 08/28/2009 161 LETTER addressed to Office of the Clerk, J. Michael McMahon from Virginia Aronson dated 8/19/2009 re: I am writing to file my objection to the settlement by Google Books with copyright holders (case NO 05CV8136 (SDNY). I am a writer with more than 30 titles for which I am the author or coauthor. Two of these titles have already been scanned and added to Google's electronic database without my knowledge or permission. I am the copyright holder in both cases. I object to this infringement of copyright and I object to the settlement on my behalf undertaken without my knowledge.(rw) (Entered: 08/28/2009) 08/28/2009 162 LETTER addressed to Office of the Clerk, J. Michael McMahon from Erika Mailman dated August 21, 2009 re: I'm writing to object to, and express my horror at, the Google Book Settlement currently on Judge Denny Chin's desk. (rw) (Entered: 08/28/2009) 08/31/2009 163 NOTICE OF APPEARANCE by Alexandra A. E. Shapiro on behalf of Harrasowitz, Media24, Studentlitteratur AB, Norstedts Forlagsgrupp AB, Norstedts Kartor AB, Leopard Forlag AB, Borsenverein des Deutschen Buchhandels, Schweizer Buchhandler − und Verleger−Verband SBVV, Hauptverband des Osterreichischen Buchhandels, Svenska Forlaggareforeningen (Shapiro, Alexandra) (Entered: 08/31/2009) 08/31/2009 164 NOTICE OF APPEARANCE by Daniel J. Fetterman on behalf of Consumer Watchdog (Fetterman, Daniel) (Entered: 08/31/2009) 08/31/2009 165 NOTICE OF APPEARANCE by Peter Jonathan Toren on behalf of Consumer Watchdog (Toren, Peter) (Entered: 08/31/2009) 08/31/2009 166 NOTICE OF APPEARANCE by Cynthia S. Arato on behalf of Harrasowitz, Media24, Studentlitteratur AB, Norstedts Forlagsgrupp AB, Norstedts Kartor AB, Leopard Forlag AB, Borsenverein des Deutschen Buchhandels, Schweizer Buchhandler − und Verleger−Verband SBVV, Hauptverband des Osterreichischen Buchhandels, Svenska Forlaggareforeningen (Arato, Cynthia) (Entered: 08/31/2009) 08/31/2009 167 Objection To Proposed Settlement. Document filed by Harrasowitz, Media24, Studentlitteratur AB, Norstedts Forlagsgrupp AB, Norstedts Kartor AB, Leopard Forlag AB, Borsenverein des Deutschen Buchhandels, Schweizer Buchhandler − und Verleger−Verband SBVV, Hauptverband des Osterreichischen Buchhandels, Svenska Forlaggareforeningen. (Shapiro, Alexandra) (Entered: 08/31/2009) 08/31/2009 168 DECLARATION of Barbara Krauss in Support re: 167 Objection (non−motion), Objection (non−motion). Document filed by Harrasowitz. (Shapiro, Alexandra) (Entered: 08/31/2009) 08/31/2009 169 DECLARATION of Ashoek Adhikari in Support re: 167 Objection (non−motion), Objection (non−motion). Document filed by Media24. (Attachments: # 1 Appendix Appendix A)(Shapiro, Alexandra) (Entered: 08/31/2009) 08/31/2009 170 DECLARATION of Jerker Fransson in Support re: 167 Objection (non−motion), Objection (non−motion). Document filed by Studentlitteratur AB. (Shapiro, Alexandra) (Entered: 08/31/2009) 08/31/2009 171 DECLARATION of Maria Hamrefors in Support re: 167 Objection (non−motion), Objection (non−motion). Document filed by Norstedts Forlagsgrupp AB, Norstedts Kartor AB. (Shapiro, Alexandra) (Entered: 08/31/2009) 08/31/2009 172 DECLARATION of Dan Israel in Support re: 167 Objection (non−motion), Objection (non−motion). Document filed by Leopard Forlag AB. (Shapiro, Alexandra) (Entered: 08/31/2009) 08/31/2009 173 ENDORSED LETTER addressed to Judge Denny Chin from John B. Morris, Jr. dated 8/28/2009 re: Counsel writes on behalf of CDT, to request permission for CDT to file a brief amicus curiae, to be filed in support of neither party, will not Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 63 of 144 exceed 25 pages, and will be filed by 9/4/2009. ENDORSEMENT: Approved. (Signed by Judge Denny Chin on 8/31/2009) (tve) (Entered: 08/31/2009) 08/31/2009 174 NOTICE OF APPEARANCE by Theodore Conrad Max on behalf of Federal Republic of Germany (Max, Theodore) (Entered: 08/31/2009) 08/31/2009 175 DECLARATION of Christian Sprang in Support re: 167 Objection (non−motion), Objection (non−motion). Document filed by Borsenverein des Deutschen Buchhandels. (Attachments: # 1 Appendix Pages 11−20 of Sprang Declaration, # 2 Exhibit A (1 of 4), # 3 Exhibit A (2 of 4), # 4 Exhibit A (3 of 4), # 5 Exhibit A (4 of 4), # 6 Exhibit B (1 of 4), # 7 Exhibit B (2 of 4), # 8 Exhibit B (3 of 4), # 9 Exhibit B (4 of 4), # 10 Exhibit C, # 11 Exhibit D (1 of 4), # 12 Exhibit D (2 of 4), # 13 Exhibit D (3 of 4), # 14 Exhibit D (4 of 4), # 15 Exhibit E, # 16 Exhibit F (1 of 4), # 17 Exhibit F (2 of 4), # 18 Exhibit F (3 of 4), # 19 Exhibit F (4 of 4), # 20 Exhibit G, # 21 Exhibit H, # 22 Exhibit I, # 23 Exhibit J, # 24 Exhibit K)(Shapiro, Alexandra) (Entered: 08/31/2009) 08/31/2009 176 DECLARATION of Dani Landolf in Support re: 167 Objection (non−motion), Objection (non−motion). Document filed by Schweizer Buchhandler − und Verleger−Verband SBVV. (Shapiro, Alexandra) (Entered: 08/31/2009) 08/31/2009 177 DECLARATION of Inge Kralupper in Support re: 167 Objection (non−motion), Objection (non−motion). Document filed by Hauptverband des Osterreichischen Buchhandels. (Attachments: # 1 Exhibit A)(Shapiro, Alexandra) (Entered: 08/31/2009) 08/31/2009 178 DECLARATION of Kristina Ahlinder in Support re: 167 Objection (non−motion), Objection (non−motion). Document filed by Svenska Forlaggareforeningen. (Attachments: # 1 Exhibit A, # 2 Exhibit B (1 of 4), # 3 Exhibit B (2 of 4), # 4 Exhibit B (3 of 4), # 5 Exhibit B (4 of 4), # 6 Exhibit C)(Shapiro, Alexandra) (Entered: 08/31/2009) 08/31/2009 179 MEMORANDUM OF LAW in Opposition to the Settlement Proposal on Behalf of the Federal Republic of Germany. Document filed by Federal Republic of Germany. (Max, Theodore) (Entered: 08/31/2009) 08/31/2009 180 DECLARATION of Ministerialdirigent Dr. Johannes Christian Wichard in Opposition re: 179 Memorandum of Law in Opposition. Document filed by Federal Republic of Germany. (Max, Theodore) (Entered: 08/31/2009) 08/31/2009 183 ENDORSED LETTER addressed to Judge Denny Chin from Hadrian R. Katz dated 8/31/2009 re: Counsel respectfully seek leave from the Court to file, in addition, an amicus brief on behalf of the Open Book Alliance, a coalition of diverse organizations including Amazon.com, Inc., The American Society of Journalists and Authors, The Council of Literary Magazines and Presses, Microsoft Corporation, The New York Library Association, Small Press Distribution, The Special Libraries Association, and Yahoo! Inc., as well as the Internet Archive. With the Court's permission, that amicus brief as well will be filed by the September 4, 2009 objection deadline. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Denny Chin on 8/31/2009) (jfe) (Entered: 09/01/2009) 08/31/2009 233 MOTION for Michael John Guzman to Appear Pro Hac Vice. Document filed by Harold Bloom, Elliot Abrams, Charlotte Allen, Phyllis Ammons, Richard Armey, Jacques Barzun, Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Jack Beerman, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez−Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David D. Friedman, David Gelernter, Gabrielle Glaser, Mary Ann Glendon, Victor Davis Hanson, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Richard Howard, Ishmael Jones, Donald Kagan, David Kuo, Michael Ledeen, Susan Lee, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Michael Perry, Norman Podhoretz, Diane Ravitch, Ralph Reed, Harriet Rubin, Sarah Ruden, Peter Schweizer, Roger Simon, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Paco Underhill, Ruth Wisse, Elizabeth Wurtzel, John Yoo.(dle) (Entered: 09/03/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 64 of 144 08/31/2009 370 LETTER addressed to Office of the Clerk from Ian Muller dated 8/31/09 re: Koninklijke Van Gorcum B.V. objects to Settlement Agreement. Document filed by Koninklijke Van Gorcum B.V..(dle) (Entered: 09/10/2009) 09/01/2009 181 NOTICE OF APPEARANCE by Alexandra A. E. Shapiro on behalf of Czernin Verlag (Shapiro, Alexandra) (Entered: 09/01/2009) 09/01/2009 182 NOTICE OF APPEARANCE by Cynthia S. Arato on behalf of Czernin Verlag (Arato, Cynthia) (Entered: 09/01/2009) 09/01/2009 184 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU (Joinder) − NOTICE of Joinder re: 167 Objection (non−motion), Objection (non−motion). Document filed by Czernin Verlag. (Arato, Cynthia) Modified on 9/2/2009 (jar). (Entered: 09/01/2009) 09/01/2009 185 FILING ERROR − DEFICIENT DOCKET ENTRY − (LINKED TO A DEFICIENT DOCKET ENTRY, SEE DOCUMENT #220) − DECLARATION of Benedikt Foeger in Support re: 184 Notice (Other), 167 Objection (non−motion), Objection (non−motion). Document filed by Czernin Verlag. (Arato, Cynthia) Modified on 9/8/2009 (lb). (Entered: 09/01/2009) 09/01/2009 186 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Harrasowitz, Studentlitteratur AB, Norstedts Forlagsgrupp AB, Norstedts Kartor AB, Leopard Forlag AB, Borsenverein des Deutschen Buchhandels, Schweizer Buchhandler − und Verleger−Verband SBVV, Hauptverband des Osterreichischen Buchhandels, Svenska Forlaggareforeningen, Czernin Verlag.(Arato, Cynthia) (Entered: 09/01/2009) 09/01/2009 187 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Naspers Ltd. as Corporate Parent. Document filed by Media24.(Arato, Cynthia) (Entered: 09/01/2009) 09/01/2009 188 LETTER addressed to Judge Denny Chin from Robert Cooper Ramo dated 8/31/2009 re: In light of the objections set within, the Institute requests that the Court decline to approve the GBS as currently drafted. (jfe) (Entered: 09/01/2009) 09/01/2009 189 LETTER addressed to Judge Colleen McMahon from Martine Schaap dated 8/27/2009 re: We (Uitgeverij Ploegsma BV) are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections to this Settlement. (jfe) (Entered: 09/01/2009) 09/01/2009 190 LETTER addressed to Judge Colleen McMahon from Barbel Dorweiler dated 8/27/2009 re: We (Queridos Childrens Books ) are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections to this Settlement. (jfe) (Entered: 09/01/2009) 09/01/2009 191 LETTER addressed to Judge Colleen McMahon from Manja Heerze dated 8/27/2009 re: We (Uitgeverij Leopold BV ) are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections to this Settlement. (jfe) (Entered: 09/01/2009) 09/01/2009 192 LETTER addressed to Sir Michael McMahon from Mark Pieters dated 8/27/2009 re: We (Em. Queridos Uitgeverij B.V ) are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections to this Settlement. (jfe) (Entered: 09/01/2009) 09/01/2009 193 LETTER addressed to Sir Michael McMahon from Paul Roosenstein dated 8/27/2009 re: We, SWP publisher, are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections set forth within to this Settlement. (jfe) (Entered: 09/01/2009) 09/01/2009 194 LETTER addressed to Sir Michael McMahon from Mark Pieters dated 8/27/2009 re: We (Athenaeum − Polak &Van Gennep) are writing to you in regards to the Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 65 of 144 proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections to this Settlement. (jfe) (Entered: 09/01/2009) 09/01/2009 195 LETTER addressed to Sir Michael McMahon from Vic Van de Reijt dated 8/27/2009 re: We (Nijgh &Van Ditmar) are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections to this Settlement. (jfe) (Entered: 09/01/2009) 09/01/2009 196 LETTER addressed to Sir Michael McMahon from Jerker Nilsson dated 8/28/2009 re: We (Liber AB, herein after called "Liber") are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. (jfe) (Entered: 09/01/2009) 09/01/2009 197 NOTICE OF APPEARANCE by David A. Zapolsky on behalf of Amazon.com, Inc. (Zapolsky, David) (Entered: 09/01/2009) 09/01/2009 198 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Amazon.com, Inc..(Zapolsky, David) (Entered: 09/01/2009) 09/01/2009 199 LETTER addressed to Mr. McMahon from Peter Van Haaften dated 8/27/2009 re: Counsel writes to make the following objections and comments set forth within to the Google Book Settlement. (jfe) (Entered: 09/01/2009) 09/01/2009 200 LETTER addressed to Mr. McMahon from Peter Van Haaften dated 8/27/2009 re: Counsel writes to make the following objections and comments set forth within to the Google Book Settlement. (jfe) (Entered: 09/01/2009) 09/01/2009 201 LETTER addressed to Mr J. Michael McMahon from Miss Lynne Garner dated 8/27/2009 re: Counsel writes to object to the Google Book Settlement.. (jfe) (Entered: 09/01/2009) 09/01/2009 202 LETTER addressed to Judge Denny Chin from Scott James dated 8/27/2009 re: For all of the reasons set forth within, Counsel objects to The Authors Guild, et al., vs. Google, Inc. settlement. Please intervene and stop it.(jfe) (Entered: 09/01/2009) 09/01/2009 203 NOTICE OF APPEARANCE by Andrew C. DeVore on behalf of Arlo Guthrie, Julia Wright, Catherine Ryan Hyde, Eugene Linden (DeVore, Andrew) (Entered: 09/01/2009) 09/01/2009 204 NOTICE OF APPEARANCE by Shirley Othmana Saed on behalf of The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr (Saed, Shirley) (Entered: 09/01/2009) 09/01/2009 205 NOTICE OF APPEARANCE by Amin S. Kassam on behalf of Arlo Guthrie, Julia Wright, Catherine Ryan Hyde, Eugene Linden (Kassam, Amin) (Entered: 09/01/2009) 09/01/2009 206 Objection of Amazon.com, Inc. to Proposed Settlement. Document filed by Amazon.com, Inc.. (Zapolsky, David) (Entered: 09/01/2009) 09/01/2009 207 DECLARATION of David Nimmer in Support re: 206 Objection (non−motion). Document filed by Amazon.com, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Zapolsky, David) (Entered: 09/01/2009) 09/01/2009 208 NOTICE of Intent to Appear by Amazon.com, Inc. re: 206 Objection (non−motion). Document filed by Amazon.com, Inc.. (Zapolsky, David) (Entered: 09/01/2009) 09/01/2009 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Note to Attorney Cynthia Arato to RE−FILE Document 184 Notice (Other). Use the event type Joinder found under the event list Other Documents. (jar) (Entered: 09/02/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 66 of 144 09/01/2009 232 MOTION for Edwin C. Komen to Appear Pro Hac Vice. Document filed by Federal Republic of Germany.(dle) (Entered: 09/03/2009) 09/02/2009 209 Objection to Proposed Settlement. Document filed by Arlo Guthrie, Julia Wright, Catherine Ryan Hyde, Eugene Linden. (DeVore, Andrew) (Entered: 09/02/2009) 09/02/2009 210 DECLARATION of Annie Guthrie on Behalf of Arlo Guthrie in Support re: 209 Objection (non−motion). Document filed by Arlo Guthrie. (DeVore, Andrew) (Entered: 09/02/2009) 09/02/2009 211 DECLARATION of Julia Wright in Support re: 209 Objection (non−motion). Document filed by Julia Wright. (DeVore, Andrew) (Entered: 09/02/2009) 09/02/2009 212 DECLARATION of Catherine Ryan Hyde in Support re: 209 Objection (non−motion). Document filed by Catherine Ryan Hyde. (DeVore, Andrew) (Entered: 09/02/2009) 09/02/2009 213 DECLARATION of Eugene Linden in Support re: 209 Objection (non−motion). Document filed by Eugene Linden. (DeVore, Andrew) (Entered: 09/02/2009) 09/02/2009 214 DECLARATION of Laura Leslie on Behalf of the Estate of Philip K. Dick in Support re: 209 Objection (non−motion). Document filed by Arlo Guthrie, Julia Wright, Catherine Ryan Hyde, Eugene Linden. (DeVore, Andrew) (Entered: 09/02/2009) 09/02/2009 215 DECLARATION of Andrew C. DeVore in Support re: 209 Objection (non−motion). Document filed by Arlo Guthrie, Julia Wright, Catherine Ryan Hyde, Eugene Linden. (Attachments: # 1 Exhibit A, # 2 Exhibit B1, # 3 Exhibit B2, # 4 Exhibit B3, # 5 Exhibit B4, # 6 Exhibit B5, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L)(DeVore, Andrew) (Entered: 09/02/2009) 09/02/2009 216 ENDORSED LETTER addressed to Judge Denny Chin from Daniel Fetterman dated 9/1/2009 re: request permission to file an amicus curiae brief, and to appear at the hearing, to address certain antitrust and copyright concerns with the proposed settlement agreement in this proceeding. ENDORSEMENT: This application is granted, but in light of the volume of materials being submitted to the Court, I would suggest that a 25−page brief would be more effective than a 40−page brief. As for permission to speak at the hearing, the Court will address this question in a future order. We need to see how many requests there are to speak. (Signed by Judge Denny Chin on 9/2/2009) (jar) (Entered: 09/02/2009) 09/02/2009 217 ORDER: The deadline for filing objections and amicus curiae briefs in this case is hereby extended to 10:00 a.m. EST on Tuesday, September 8, 2009. Objectors and amici are also reminded that they are required to send a courtesy copy of any documents filed electronically to my Chambers. (Brief due by 9/8/2009.) (Signed by Judge Denny Chin on 9/2/2009) (jar) (Entered: 09/02/2009) 09/02/2009 218 Objection to Proposed Settlement. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit E)(Saed, Shirley) (Entered: 09/02/2009) 09/02/2009 219 JOINDER to join re: 167 Objection (non−motion), Objection (non−motion). Document filed by Czernin Verlag.(Arato, Cynthia) (Entered: 09/02/2009) 09/02/2009 220 DECLARATION of Benedikt Foeger re: 219 Joinder, 167 Objection (non−motion), Objection (non−motion)., DECLARATION of Benedikt Foeger in Support. Document filed by Czernin Verlag. (Arato, Cynthia) (Entered: 09/02/2009) 09/02/2009 221 LETTER addressed to Office of the Clerk J. Michael McMahon from Uitgeverij Balans dated 8/27/09 re: The hearing in October 2009 regarding the Google settlement. (pl) (Entered: 09/02/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 67 of 144 09/02/2009 222 LETTER addressed to Michael McMahon, Clerk of Court from Uitgeverij Agon dated 8/27/09 re: The hearing in October 2009 regarding the Google settlement. We would like to draw your attention to the copyrights of the Dutch books owned by our publishing house which appear to be included in the settlement reached between Google and the Authors Guild and Association of American Publishers. (pl) (Entered: 09/02/2009) 09/02/2009 223 LETTER addressed to J. Michael McMahon, Clerk of Court from Uitgeverij De Arbeiderspers dated 8/27/09 re: The hearing in October 2009 regarding the Google settlement. (pl) (Entered: 09/02/2009) 09/02/2009 224 LETTER addressed to J. Michael McMahon, Clerk of Court from Uitgeverij Singel Pockets dated 8/27/09 re: The hearing in October 2009 regarding the Google settlement. (pl) (Entered: 09/02/2009) 09/02/2009 225 LETTER addressed to Judge Denny Chin from Michael A. Banks dated 9/1/2009 re: Author writes to request this court's permission to submit this letter as an amicus curiae supporting final settlement approval. (tve) (Entered: 09/02/2009) 09/02/2009 226 LETTER addressed to Judge Denny Chin from Filomena Periera re: Author writes requesting this Court's permission to submit this letter as an amicus curiae supporting final settlement approve in the above referenced case. (tve) (Entered: 09/02/2009) 09/02/2009 227 ENDORSED LETTER addressed to Judge Denny Chin from Matthew D. Ingber dated 9/2/2009 re: The Amici respectfully request that the Court grant them leave to file a brief amicus curiae. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Denny Chin on 9/2/2009) (tve) (Entered: 09/02/2009) 09/02/2009 228 ORDER FOR ADMISSION PRO HAC VICE: granting 151 Motion for David Nimmer to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/2/2009) (tve) (Entered: 09/02/2009) 09/02/2009 229 ORDER FOR ADMISSION PRO HAC VICE: granting 152 Motion for Alexander F. Wiles to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/2/2009) (tve) (Entered: 09/02/2009) 09/02/2009 230 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 154 Motion for Jennifer Lynch to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/2/2009) (tve) (Entered: 09/02/2009) 09/02/2009 231 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: granting 156 Motion for Cindy Cohn to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/2/2009) (tve) (Entered: 09/02/2009) 09/02/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 229 Order on Motion to Appear Pro Hac Vice, 231 Order on Motion to Appear Pro Hac Vice, 228 Order on Motion to Appear Pro Hac Vice, 230 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (tve) (Entered: 09/02/2009) 09/02/2009 266 MOTION for John B. Morris, Jr. to Appear Pro Hac Vice. Document filed by Amicus Curaie..(mro) (Entered: 09/08/2009) 09/02/2009 428 ORDER: The Court has received requests for pre−motion conferences by the American Society of Media Photographers, Inc., the Graphic Artists Guild, the Picture Archive Council of America, the North American Nature Photographers Association, Joel Meyerowitz, Dan Budnik, Peter Turner, and Lou Jacobs, Jr., seeking leave to intervene in this action. I have construed their letters as motions to intervene and the motions are denied. The proposed interveners are free to file objections to the proposed settlement, but they must do so by the September 4, 2009 deadline. (Signed by Judge Denny Chin on 9/2/2009) (jar) (Entered: 09/10/2009) 09/02/2009 506 LETTER addressed to J. Michael McMahon from Mai Spijkers dated 8/26/2009 re: We Prometheus/Bert Bakker are writing to you in regards to the propose settlement Agreement between Google Inc., and the Authors Guild and the Association of Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 68 of 144 American Publishers. We would like to raise the following concerns and Objections to this Settlement. (jmi) (Entered: 09/11/2009) 09/03/2009 234 NOTICE OF APPEARANCE by Joseph Solomon Hall on behalf of Ishmael Jones, Wendy Shalit, American Society of Journalists and Authors, Charlotte Allen, Harold Bloom, Elliot Abrams, Richard Armey, Jacques Barzun, Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Jack Beerman, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez−Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David D. Friedman, David Gelernter, Gabrielle Glaser, Mary Ann Glendon, Victor Davis Hanson, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Richard Howard, Donald Kagan, David Kuo, Michael Ledeen, Susan Lee, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Michael Perry, Norman Podhoretz, Diane Ravitch, Ralph Reed, Harriet Rubin, Sarah Ruden, Peter Schweizer, Roger Simon, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Paco Underhill, Ruth Wisse, Elizabeth Wurtzel, John Yoo (Hall, Joseph) (Entered: 09/03/2009) 09/03/2009 235 NOTICE OF APPEARANCE by Katherine B Forrest on behalf of DC Comics (Forrest, Katherine) (Entered: 09/03/2009) 09/03/2009 CASHIERS OFFICE REMARK on 233 Motion to Appear Pro Hac Vice,,, in the amount of $25.00, paid on 08/31/2009, Receipt Number 698602. (jd) (Entered: 09/03/2009) 09/03/2009 236 NOTICE OF APPEARANCE by Mark Lloyd Silverstein on behalf of DC Comics (Silverstein, Mark) (Entered: 09/03/2009) 09/03/2009 237 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. E.C. Publications, Inc., Time Warner Communications Inc. and Warner Communications Inc as Corporate Parents. Document filed by DC Comics.(Forrest, Katherine) (Entered: 09/03/2009) 09/03/2009 238 Objection to the Proposed Settlement Agreement. Document filed by DC Comics. (Forrest, Katherine) (Entered: 09/03/2009) 09/03/2009 239 BRIEF Amicus Curiae. Document filed by New York Law School, Institute for Information Law and Policy.(Grimmelmann, James) (Entered: 09/03/2009) 09/03/2009 240 NOTICE OF APPEARANCE by Thomas Cort Rubin on behalf of Microsoft Corporation (Rubin, Thomas) (Entered: 09/03/2009) 09/04/2009 298 ORDER. The Electronic Privacy Information Center moves, pursuant to FRCP 24(b), to intervene in this action. The motion is denied. This case was filed some four years ago and has been conditionally settled; it is simply too late to permit new parties into the case. EPIC is free to file an objections to the proposed settlement, but it must do so by 10:00 a.m. EST on September 8, 2009 (Signed by Judge Denny Chin on 9/4/09) (djc) (Entered: 09/08/2009) 09/04/2009 304 MOTION for Philip Roberts to Appear Pro Hac Vice. Document filed by Canadian Standard Association, Paul Dickson, Joseph Goulden, Association of American Publishers, Inc., Associational Plaintiffs, The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc., The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman.(mro) (Entered: 09/09/2009) 09/07/2009 241 Amicus Curiae APPEARANCE entered by Nelson E. Roth on behalf of Cornell University. (Attachments: # 1 Amicus Curiae Letter from Cornell University)(Roth, Nelson) (Entered: 09/07/2009) 09/08/2009 242 NOTICE OF APPEARANCE by Nidhi Yadava on behalf of Hachette Livre SA, Librarie Arthme Fayard SA, Dunod Editeur SA, Les Editions Hatier SNC, Editions Larousse SAS, Editorial Salvat SL, Grupo Anaya SA, Algaida Editores, S.A., Alianza Editorial, S.A., Edicions Xerais De Galicia, S.A., Editorial Barcanova, S.A., Larousse Editorial, S.L, Grupo Editorial Bruno, S.L., Edelsa Grupo Didascalia, S.A., Hachette UK Limited (Yadava, Nidhi) (Entered: 09/08/2009) 09/08/2009 243 NOTICE OF APPEARANCE by Robert C. Micheletto on behalf of Hachette Livre SA, Librarie Arthme Fayard SA, Dunod Editeur SA, Les Editions Hatier SNC, Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 69 of 144 Editions Larousse SAS, Editorial Salvat SL, Grupo Anaya SA, Algaida Editores, S.A., Alianza Editorial, S.A., Edicions Xerais De Galicia, S.A., Editorial Barcanova, S.A., Larousse Editorial, S.L, Grupo Editorial Bruno, S.L., Edelsa Grupo Didascalia, S.A., Hachette UK Limited (Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 244 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hachette, S.A. as Corporate Parent. Document filed by Hachette Livre SA.(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 245 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hachette Livre, S.A as Corporate Parent. Document filed by Librarie Arthme Fayard SA.(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 246 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hachette Livre, S.A. as Corporate Parent. Document filed by Dunod Editeur SA.(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 247 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hachette Livre, S.A. as Corporate Parent. Document filed by Les Editions Hatier SNC.(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 248 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hachette Livre, S.A. as Corporate Parent. Document filed by Editions Larousse SAS.(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 249 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hachette Livre Espana, S.A.U. as Corporate Parent. Document filed by Grupo Anaya SA.(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 250 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hachette Livre Espana, S.A.U. as Corporate Parent. Document filed by Editorial Salvat SL.(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 251 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Grupo Anaya, S.A. as Corporate Parent. Document filed by Algaida Editores, S.A..(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 252 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Grupo Anaya, S.A. as Corporate Parent. Document filed by Alianza Editorial, S.A..(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 253 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hachette Livre, S.A. as Corporate Parent. Document filed by Edelsa Grupo Didascalia, S.A..(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 254 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Grupo Anaya, S.A. as Corporate Parent. Document filed by Edicions Xerais De Galicia, S.A..(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 255 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Grupo Anaya, S.A. as Corporate Parent. Document filed by Editorial Barcanova, S.A..(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 256 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hachette Livre Espana, S.A.U. as Corporate Parent. Document filed by Grupo Editorial Bruno, S.L..(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 257 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Grupo Anaya S.A. and Education Management, S.A. as Corporate Parent. Document filed by Larousse Editorial, S.L.(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 258 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Hachette U.K. Holding Ltd. as Corporate Parent. Document filed by Hachette UK Limited.(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 259 NOTICE OF APPEARANCE by Matthew Christian Schruers on behalf of Computer and Communications Industry Association (Schruers, Matthew) (Entered: 09/08/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 70 of 144 09/08/2009 260 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Computer and Communications Industry Association.(Schruers, Matthew) (Entered: 09/08/2009) 09/08/2009 261 MOTION to File Amicus Brief of Computer &Communications Industry Association. Document filed by Computer and Communications Industry Association. (Attachments: # 1 CCIA Amicus Curiae Brief)(Schruers, Matthew) (Entered: 09/08/2009) 09/08/2009 262 NOTICE OF APPEARANCE by Yasuhiro Saito on behalf of Takashi Atouda, Susumu Nakanishi, Akiko Shimojyu, Jiro Asada, Takeaki Hori, Yuko Matsumoto, Chihaya Takahashi, Shinobu Yoshioka, Kenta Yamada, Tomotsuyo Aizawa, Yu Ohara, Yasumasa Kiyohara, Takashi Tsujii, Akira Nogami, Hiroyuki Shinoda, Toshihiko Yuasa, Koichi Kato, Masahiko Motoki, Hidehiko Nakanishi, Yashio Uemura, Nobuo Uda, Tsukasa Yoshida (Attachments: # 1 Certificate of Seervice)(Saito, Yasuhiro) (Entered: 09/08/2009) 09/08/2009 263 BRIEF AMICUS CURIAE of Consumer Watchdog in Opposition to the Proposed Settlement Agreement. Document filed by Consumer Watchdog.(Fetterman, Daniel) (Entered: 09/08/2009) 09/08/2009 264 Objection to the Proposed Settlement and to Certification of the Proposed Settlement Class and Sub−Class by Members of Japan P.E.N. Club. Document filed by Takashi Atouda, Susumu Nakanishi, Akiko Shimojyu, Jiro Asada, Takeaki Hori, Yuko Matsumoto, Chihaya Takahashi, Shinobu Yoshioka, Kenta Yamada, Tomotsuyo Aizawa, Yu Ohara, Yasumasa Kiyohara, Takashi Tsujii, Akira Nogami, Hiroyuki Shinoda, Toshihiko Yuasa, Koichi Kato, Masahiko Motoki, Hidehiko Nakanishi, Yashio Uemura, Nobuo Uda, Tsukasa Yoshida. (Attachments: # 1 Declaration of Jiro Makino in Support of Objection, # 2 Declaration of Naoki Gokita in Support of Objection, # 3 Certificate of Service)(Saito, Yasuhiro) (Entered: 09/08/2009) 09/08/2009 265 NOTICE of of Intent To Appear and Be Heard At The Fairness Hearing. Document filed by Takashi Atouda, Susumu Nakanishi, Akiko Shimojyu, Jiro Asada, Takeaki Hori, Yuko Matsumoto, Chihaya Takahashi, Shinobu Yoshioka, Kenta Yamada, Tomotsuyo Aizawa, Yu Ohara, Yasumasa Kiyohara, Takashi Tsujii, Akira Nogami, Hiroyuki Shinoda, Toshihiko Yuasa, Koichi Kato, Masahiko Motoki, Hidehiko Nakanishi, Yashio Uemura, Nobuo Uda, Tsukasa Yoshida. (Attachments: # 1 Certificate of Service)(Saito, Yasuhiro) (Entered: 09/08/2009) 09/08/2009 267 NOTICE OF APPEARANCE by Joseph Solomon Hall on behalf of Harold Bloom, Elliot Abrams, Richard Armey, Jacques Barzun, Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Jack Beerman, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez−Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David D. Friedman, David Gelernter, Gabrielle Glaser, Mary Ann Glendon, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Richard Howard, Ishmael Jones, Donald Kagan, David Kuo, Michael Ledeen, Susan Lee, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Steven Ozment, Michael Perry, Norman Podhoretz, Diane Ravitch, Ralph Reed, Harriet Rubin, Sarah Ruden, Peter Schweizer, Roger Simon, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Paco Underhill, Ruth Wisse, Elizabeth Wurtzel, John Yoo, Wendy Shalit, American Society of Journalists and Authors, Charlotte Allen (Hall, Joseph) (Entered: 09/08/2009) 09/08/2009 268 NOTICE OF APPEARANCE by Kristin Hackett Neuman on behalf of Canadian Standard Association (Neuman, Kristin) (Entered: 09/08/2009) 09/08/2009 269 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying None as Corporate Parent. No Corporate Parent. Document filed by Microsoft Corporation.(Rubin, Thomas) (Entered: 09/08/2009) 09/08/2009 270 NOTICE of OF FILING OF OBJECTIONS TO PROPOSED SETTLEMENT BY HACHETTE LIVRE, S.A., LIBRARIE ARTHME FAYARD, S.A., DUNOD EDITEUR, S.A., LES EDITIONS HATIER, S.N.C., EDITIONS, LAROUSSE, S.A.S., EDITORIAL SALVAT, S.L., GRUPO ANAYA, S.A., ALGAIDA EDITORES, S.A., ALIANZA EDITORIAL, S.A., EDICIONS XERAIS DE Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 71 of 144 GALICIA, S.A., EDITORIAL BARCANOVA, S.A., LAROUSSE EDITORIAL, S.L., GRUPO EDITORIAL BRUO, S.L., EDELSA GRUPO DIDASCALIA, S.A., AND HACHETTE U.K. LIMITED. Document filed by Akiko Shimojyu. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 271 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Canadian Standards Association.(Neuman, Kristin) (Entered: 09/08/2009) 09/08/2009 272 Objection of Canadian Standards Association to Proposed Settlement. Document filed by Canadian Standards Association. (Neuman, Kristin) (Entered: 09/08/2009) 09/08/2009 273 Objection to Proposed Settlement and Notice of Intent to Appear. Document filed by Eric Jager, Harold Bloom, Elliot Abrams, Richard Armey, Jacques Barzun, Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez−Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David D. Friedman, David Gelernter, Gabrielle Glaser, Mary Ann Glendon, Victor Davis Hanson, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Richard Howard, Ishmael Jones, Donald Kagan, David Kuo, Michael Ledeen, Susan Lee, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Norman Podhoretz, Diane Ravitch, Ralph Reed, Harriet Rubin, Sarah Ruden, Peter Schweizer, Roger Simon, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Paco Underhill, Ruth Wisse, Elizabeth Wurtzel, John Yoo, Wendy Shalit, American Society of Journalists and Authors, Charlotte Allen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Hall, Joseph) (Entered: 09/08/2009) 09/08/2009 274 BRIEF Amicus Curiae Brief of Sony Electronics Inc. In Support Of Proposed Google Book Search Settlement. Document filed by Sony Electronics Inc..(Coplan, Jennifer) (Entered: 09/08/2009) 09/08/2009 275 BRIEF Amicus Brief of Antitrust Law and Economics Professors In Support Of The Settlement. Document filed by Antitrust Law and Economics Professors.(Ingber, Matthew) (Entered: 09/08/2009) 09/08/2009 276 Objection re: 64 Order on Motion to Approve,,, Objections of Microsoft Corporation to Proposed Settlement and Certification of Proposed Settlement Class and Sub−Classes. Document filed by Microsoft Corporation. (Attachments: # 1 Exhibit A to G, # 2 Exhibit H to O, # 3 Exhibit P to Q, # 4 Exhibit R, # 5 Exhibit S to T, # 6 Exhibit U part 1 of 6, # 7 Exhibit U part 2 of 6, # 8 Exhibit U part 3 of 6, # 9 Exhibit U part 4 of 6, # 10 Exhibit U part 5 of 6, # 11 Exhibit U part 6 of 6, # 12 Exhibit V to Z)(Rubin, Thomas) (Entered: 09/08/2009) 09/08/2009 277 Amicus Curiae APPEARANCE entered by Gary M. Becker on behalf of Richard Blumenthal CT Attorney General.(Becker, Gary) (Entered: 09/08/2009) 09/08/2009 278 OPPOSITION BRIEF re: 64 Order on Motion to Approve,,, Objection to Proposed Settlement: Proposed Settlement Violates State Unclaimed Property Laws and Chartible Trust Laws, State May Not Be Included in Class Without its Consent. Document filed by Richard Blumenthal CT Attorney General.(Becker, Gary) (Entered: 09/08/2009) 09/08/2009 279 NOTICE of Intent to Appear. Document filed by Privacy Authors and Publishers. (Rudman, Samuel) (Entered: 09/08/2009) 09/08/2009 280 Objection to Settlement Agreement. Document filed by Charles D Weller, weller. (Attachments: # 1 Exhibit A −−− Class Action Reports)(Horowitz, Eric) (Entered: 09/08/2009) 09/08/2009 281 BRIEF IN OBJECTION TO PROPOSED SETTLEMENT. Document filed by Privacy Authors and Publishers. (Attachments: # 1 Appendix A)(Rudman, Samuel) (Entered: 09/08/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 72 of 144 09/08/2009 282 MEMORANDUM OF LAW MEMORANDUM OF AMICUS CURIAE OPEN BOOK ALLIANCE IN OPPOSITION TO THE PROPOSED SETTLEMENT BETWEEN THE AUTHORS GUILD, INC., ASSOCIATION OF AMERICAN PUBLISHERS, INC., ET AL., AND GOOGLE INC.. Document filed by Open Book Alliance. (Boccanfuso, Anthony) (Entered: 09/08/2009) 09/08/2009 283 MOTION for Discovery of Putative Class Representatives and Defendant Google Inc.. Document filed by Eric Jager, Harold Bloom, Elliot Abrams, Phyllis Ammons, Jacques Barzun, Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez−Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David D. Friedman, David Gelernter, Gabrielle Glaser, Mary Ann Glendon, Victor Davis Hanson, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Richard Howard, Ishmael Jones, Donald Kagan, David Kuo, Michael Ledeen, Susan Lee, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Norman Podhoretz, Diane Ravitch, Ralph Reed, Harriet Rubin, Sarah Ruden, Peter Schweizer, Roger Simon, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Paco Underhill, Ruth Wisse, Elizabeth Wurtzel, John Yoo, Julia Wright, Wendy Shalit, American Society of Journalists and Authors, Charlotte Allen. Return Date set for 9/18/2009 at 05:00 PM. (Attachments: # 1 Exhibit Discovery Requests)(Hall, Joseph) (Entered: 09/08/2009) 09/08/2009 284 NOTICE OF APPEARANCE by Robert William Clarida on behalf of Lyrasis, Inc., NYLINK, Bibliographical Center for Research Rocky Mountain, Inc. (Clarida, Robert) (Entered: 09/08/2009) 09/08/2009 285 NOTICE OF APPEARANCE by Robert Cunningham Turner on behalf of Yahoo! Inc. (Turner, Robert) (Entered: 09/08/2009) 09/08/2009 286 Objection to Settlement Agreement. Document filed by Dirk Sutro. (Attachments: # 1 Exhibit A −− Class Action Reports)(Horowitz, Eric) (Entered: 09/08/2009) 09/08/2009 287 MEMORANDUM OF LAW in Opposition To The Settlement Proposal On Behalf of the French Republic. Document filed by French Republic. (Max, Theodore) (Entered: 09/08/2009) 09/08/2009 288 MEMORANDUM OF LAW in Opposition re: 55 MOTION to Approve /Notice of Motion for Preliminary Settlement Approval.. Document filed by Yahoo! Inc.. (Turner, Robert) (Entered: 09/08/2009) 09/08/2009 289 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lyrasis, Inc., NYLINK, Bibliographical Center for Research Rocky Mountain, Inc..(Clarida, Robert) (Entered: 09/08/2009) 09/08/2009 290 DECLARATION of Nicolas Georges in Opposition re: 287 Memorandum of Law in Opposition. Document filed by French Republic. (Max, Theodore) (Entered: 09/08/2009) 09/08/2009 291 MEMORANDUM OF LAW MEMORANDUM OF AMICUS CURIAE THE INTERNET ARCHIVE IN OPPOSITION TO SETTLEMENT AGREEMENT. Document filed by The Internet Archive. (Boccanfuso, Anthony) (Entered: 09/08/2009) 09/08/2009 292 BRIEF AMICI CURIAE OF LYRASIS, INC., NYLINK AND BIBLIOGRAPHICAL CENTER FOR RESEARCH ROCKY MOUNTAIN, INC. IN SUPPORT OF MODIFICATION OF PROPOSED SETTLEMENT. Document filed by Lyrasis, Inc., NYLINK, Bibliographical Center for Research Rocky Mountain, Inc..(Clarida, Robert) (Entered: 09/08/2009) 09/08/2009 293 Objection to Proposed Settlement. Document filed by Free Software Foundation, Inc.. (Williamson, Aaron) (Entered: 09/08/2009) 09/08/2009 294 NOTICE of Intent to Appear at the Fairness Hearing on October 7, 2009, on behalf of the aforementioned members of the Publisher Sub−Class.. Document filed by Hachette Livre SA, Librarie Arthme Fayard SA, Dunod Editeur SA, Les Editions Hatier SNC, Editions Larousse SAS, Editorial Salvat SL, Grupo Anaya SA, Algaida Editores, S.A., Alianza Editorial, S.A., Edicions Xerais De Galicia, S.A., Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 73 of 144 Editorial Barcanova, S.A., Larousse Editorial, S.L, Grupo Editorial Bruno, S.L., Edelsa Grupo Didascalia, S.A., Hachette UK Limited. (Micheletto, Robert) (Entered: 09/08/2009) 09/08/2009 ***REJECTION OF ATTEMPTED PAPER FILING IN ECF CASE. The following document(s) Epic's Motion to Intervene, by Mark Rotenberg, was rejected by the Clerk's Office and must be FILED ELECTRONICALLY on the Court's ECF System. (eef) (Entered: 09/08/2009) 09/08/2009 295 AFFIDAVIT OF SERVICE. Document filed by French Republic. (Max, Theodore) (Entered: 09/08/2009) 09/08/2009 296 Objection Of Proquest LLC To Proposed Settlement. (rw) (rw). (Entered: 09/08/2009) 09/08/2009 297 AFFIRMATION of Charles J. Sanders in Opposition re: 55 MOTION to Approve /Notice of Motion for Preliminary Settlement Approval.. Document filed by Songwriters Guild of America. (Attachments: # 1 Civil Cover Sheet Cover letter explaining delay in filing.)(Fedele, John) (Entered: 09/08/2009) 09/08/2009 299 MOTION to Intervene. Document filed by Lewis Hyde, Harry Lewis, Open Access Trust Inc.. Return Date set for 9/30/2009 at 09:30 AM. (Attachments: # 1 Supplement Affirmation of Charles R. Nesson, # 2 Supplement Objections and Memorandum of Law)(Garbus, Martin) (Entered: 09/08/2009) 09/08/2009 300 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − MOTION to Intervene Objections to Proposed Settlement and Memorandum in Support of Motion to Intervene. Document filed by Lewis Hyde, Harry Lewis, Open Access Trust Inc.. Return Date set for 9/30/2009 at 09:30 AM.(Garbus, Martin) Modified on 9/9/2009 (jar). (Entered: 09/08/2009) 09/08/2009 301 REQUEST TO PARTICIPATE of Darlene Marshall Objection to Class Action Settlement and Notice of Intent to Appear. Document filed by Darlene Marshall.(Weiss, Matthew) (Entered: 09/08/2009) 09/08/2009 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Note to Attorney Martin Garbus to RE−FILE Document 300 MOTION to Intervene Objections to Proposed Settlement and Memorandum in Support of Motion to Intervene. Use the event type Memorandum of Law in Opposition found under the event list Replies, Oppositions, Supporting Documents. (jar) (Entered: 09/09/2009) 09/08/2009 700 MOTION for Gary Leland Reback to Appear Pro Hac Vice. Document filed by Open Book Alliance.(pl) (Entered: 09/15/2009) 09/09/2009 302 LETTER addressed to Judge Denny Chin from Edward Feigenbaum, Jennifer Widom, Daphne Koller, Monica Lam, Nils Nilsson, Jeffrey Ullman, Terry Winograd, Jure Leskovec, John Ousterhout, Mehran Sahami, Russ Altman, Gary Bradski, Stuart Card, Goeff Gordon and Shirley Tessler dated September 3, 2009 re: Amicus curiae in support of the approval of the final settlement. (ad) (Entered: 09/09/2009) 09/09/2009 303 LETTER addressed to Judge Denny Chin from Erez Lieberman−Aiden and Jean−Baptiste Michel dated September 3, 2009 re: Amici curiae in support of the settlement. Document filed by Darlene Marshall.(ad) (Entered: 09/09/2009) 09/09/2009 305 LETTER addressed to Office of the Clerk from Anette Ziethen dated 9/1/09 re: join in the objections that have been presented to this court by Scott Gant and the group of foreign publishers and publishing associations...; (djc) (Entered: 09/09/2009) 09/09/2009 306 ORDER The Computer and Communications Industry Association ("CCIA") moves for leave to file an amicus curiae brief in this case. CCIA's motion is granted, and its brief is accepted. SO ORDERED. (Signed by Judge Denny Chin on 9/9/2009) (jmi) (Entered: 09/10/2009) 09/09/2009 307 ORDER denying 283 Motion for Discovery.The Bloom Objectors' motion is denied. (Signed by Judge Denny Chin on 9/9/2009) (jmi) (Entered: 09/10/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 74 of 144 09/09/2009 308 ORDER denying 299 Motion to Intervene. Lewis Hyde, Harry Lewis, and the Open Access Trust, Inc. (the "proposed interveners") move, pursuant to Federal Rule of Civil Procedure 24(b), to intervene in this action. The motion is denied. This case was filed some four years ago and has been conditionally settled; it is simply too late to permit new parties into the case. The Court will, however, consider the objections raised by the proposed interveners. SO ORDERED.(Signed by Judge Denny Chin on 9/9/2009) (jmi) (Entered: 09/10/2009) 09/09/2009 309 ORDER granting 233 Motion for Michael J. Guzman to Appear Pro Hac Vice for Harold Bloom, Elliot Abrams, Charlotte Allen,Phyllis Ammons, Dick Armey, Jacques Barzun, Nicholas A. Basbanes, Stephen Bates, Shawn J.Bayem, Jack Beerman, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez−Crussi, MidgeDeeter, John Derbyshire, The Estate of Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A.Epstein, Henry Fetter, David D. Friedman, David Gelemter, Gabrielle Glaser, Mary Ann Glendon,Victor Davis Hanson, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, RichardHoward, Ishmael Jones, Donald Kagan, David Kuo, Michael Ledeen, Susan Lee, Mary Lefkowitz,David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Michael Perry,Norman Podhoretz, Diane Ravitch, Ralph Reed, Harriet Rubin, Sarah Ruden, Peter Schweizer, RogerSimon, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Paco Underhill, Ruth Wisse,Elizabeth Wurtzel, and John Yoo. (Signed by Judge Denny Chin on 9/9/2009) (jmi) (Entered: 09/10/2009) 09/09/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 309 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi) (Entered: 09/10/2009) 09/09/2009 310 ORDER granting 232 Motion for Edwin C. Komen to Appear Pro Hac Vice for Federal Republic of Germany. (Signed by Judge Denny Chin on 9/9/2009) (jmi) (Entered: 09/10/2009) 09/09/2009 311 ORDER granting 304 Motion for Philip Roberts to Appear Pro Hac Vice for Canadian Standard Association, Paul Dickson, Joseph Goulden, Association of American Publishers, Inc., Associational Plaintiffs, The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc., The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Signed by Judge Denny Chin on 9/9/2009) (jmi) (Entered: 09/10/2009) 09/09/2009 312 QUESTIA MEDIA, INC.'S AMICUS CURIAE OPPOSITION BRIEF TO THE SETTLEMENT AGREEMENT: Questia Media, Inc. ("Questia") urges the Court not to approve the Settlement Agreement between Google, Inc. and the Plaintiffs. (jmi) (Entered: 09/10/2009) 09/09/2009 313 BRIEF AMICUS CURIAE OF CONSUMER WATCHDOG IN OPPOSITION TO THE PROPOSED SETTLEMENT AGREEMENT The proposed Settlement Agreement would strip rights from millions of absent class members, worldwide, in violation of national and international copyright law, for the sole benefit of Google. If, as Google claims, its "limited" search−engine activities were protected by fair use, the public deserves an adjudication on this matter, to allow the creation of a competitive book−search market. And it is up to Congress to create a solution to the orphan−works problem that would allow all potential users to benefit, while protecting the copyright holders as well as international interests. The parties simply cannot justify this "solution" which does not adequately protect the Rightsholders and unfairly benefits a single party. Accordingly, Consumer Watchdog respectfully asks that the Court not approve the settlement. (jmi) (Entered: 09/10/2009) 09/09/2009 314 BRIEF AMICUS CURIAE OF THE CENTER FOR DEMOCRACY &TECHNOLOGY IN SUPPORT OF APPROVAL OF THE SETTLEMENT AND PROTECTION OF READER PRIVACY The New Services enabled by the Proposed Settlement will be extraordinarily valuable, and will make available to the public a vast amount of knowledge and information that is largely inaccessible today. The Settlement should be approved. But the New Services create serious privacy concerns, and the Court must take affirmative action − as part of the settlement approval − to protect reader privacy. (jmi) (Entered: 09/10/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 75 of 144 09/09/2009 315 BRIEF OF AMICUS CURIAE The Court should advise the parties to amend the settlement to uphold the rights of book owners, all copyright owners and embody the principles of a digital media exchange. Amicus request permission to appear at the Fairness Hearing currently set to be held on October 7, 2009. (jmi) (Entered: 09/10/2009) 09/09/2009 316 LETTER addressed to Denny Chin from Edward John Hasbrouck dated 8/31/2009 re: By this letter, I opt out of the proposed settlement in this case. Although the settlement notice claims that, "your opt−out request.., must state which Sub−Class you wish to opt out of (either the Author Sub−Class or Publisher Sub−Class)," I believe that this is both incorrect and improper: Since I am opting out of the proposed settlement, I am not subject to its purported division of the proposed class into sub−classes. (jmi) (Entered: 09/10/2009) 09/09/2009 317 OBJECTION TO PROPOSED SETTLEMENT Unless both the foregoing concerns can be resolved, I respectfully request that the proposed settlement agreement be rejected by this Court. I am submitting this in my capacity as an author and a member ofthe Authors Guild, not in my capacity as a lawyer. (jmi) (Entered: 09/10/2009) 09/09/2009 318 LETTER addressed to The Office of the Clerk from Susanne Franzkeit dated 9/1/09 re: I am the managing director of the VRunipress GmbH, a book publisher located in Gottingen, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/09/2009 319 LETTER addressed to Office of the Clerk from Reinhard Kawohl dated 9/1/09 re: I am proprietor and managing director of the Kawohl Verlag, a publisher of books, calendars and gifts located in Wesel, Germany; We write to object to the settlement agreement; In addition, we wish to inform this Court that our company did not receive any written notice of the settlement agreement, nor did we see any published notice of the settlement agreement. (mro) (Entered: 09/10/2009) 09/09/2009 320 LETTER addressed to Office of the Clerk from Ludwig Paulmichl dated 9/1/09 re: I am publisher of the Folio publishing house, a book publisher located in Vienna. We write to object to the settlement agreement. (mro) (Entered: 09/10/2009) 09/09/2009 321 LETTER addressed to Judge Denny Chin from Rayan Radia dated 9/4/2009 re: The Competitive Enterprise Institute, a 501(3) non−profit public interest organization that studies the intersection of risk, regulation and markets, hereby requests the Courts permission to submit this letter as an amicus curiae in the Authors Guild et al. v Google, Inc. (jmi) (Entered: 09/10/2009) 09/09/2009 322 LETTER addressed to Office of the Clerk from Michael Schmitt dated 9/1/09 re: I am Managing Director of the Fachverlag Hans Carl GmbH, a book publisher located in Nuremberg, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Federal Republic of Germany.(mro) (Entered: 09/10/2009) 09/09/2009 323 LETTER addressed to Sir Michael McMahon from Uitgeverij Malmberg, Johan Leenaars dated 8/25/09 re: We, uitgeverij Malmberg, are writing in regards to the proposed settlement agreement. We would like to raise the following concerns and objections to this settlement: Consequences for European right holders; Determination of commercial availability; Bad quality of the database; Uncertainty about digitization status; Lack of representation of non−US rights holders in the Book Rights Registry; Deadline for making objections or opting out still too short. (mro) (Entered: 09/10/2009) 09/09/2009 324 LETTER addressed to Office of the Clerk from Dr. Manfred Biehal dated 9/1/09 re: I am CEO of the Deutscher Genossenschafts−Verlag eG, a book publisher located in Wiesbaden, Germany; We write to object to the settlement agreement. Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 76 of 144 We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/09/2009 325 PRIVACY AUTHORS AND PUBLISHERS' OBJECTION TO PROPOSED SETTLEMENT. (jmi) (Entered: 09/10/2009) 09/09/2009 326 LETTER addressed to Office of the Clerk from Alexandra Eib dated 9/1/09 re: I am the lawyer for the Bibliographisches Institut AG, a book publisher located in Mannheim, Germany; We write to object to the settlement agreement; In addition, we wish to inform this Court that the written notice that our company received of the Settlement agreement in German was extremely difficult to read and included a number of meaningless or nonsensical terms and had been translated very poorly.(mro) (Entered: 09/10/2009) 09/09/2009 327 LETTER addressed to Office of the Clerk from Wolf Dieter Eggert dated 9/1/09 re: I am Managing Director of the Hueber Verlag GmbH &Co. KG, a book publisher located in Ismaning, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/09/2009 328 LETTER addressed to Judge Denny Chin from Liana Levi dated 9/3/2009 re: My name is Liana Levi, and I am Manager and Editor in Chief of the Editions Liana Levi, a book publisher located in France. Editions Liana Levi is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi) (Entered: 09/10/2009) 09/09/2009 329 LETTER addressed to Judge Denny Chin from Jay Starkman dated 9/1/2009 re: I am the author and copyright holder of The Sex of a Hippopotamus: A Unique History of Taxes and Accounting (Twinset, 2008). It is detestable that the court would write judicial legislation through a "settlement" vehicle abridging my rights (and those of others) and granting those involuntarily ceded rights to Google or any other entity. (jmi) (Entered: 09/10/2009) 09/09/2009 330 LETTER addressed to Office of the Clerk from Jan Weitendorf dated 9/1/09 re: I represent "Verlagsgrupe Oetinger" as CEO and publisher, a book publisher located in Hamburg, Germany; We write to object to the settlement agreement; We cannot afford to loose rights to Google via internet−this way of selling books has to be one of our "recoupment" possibilities for the future. (mro) (Entered: 09/10/2009) 09/09/2009 331 LETTER addressed to Office of the Clerk from Joachim Schmidt dated 9/1/09 re: I am CEO of the Erich Schmidt Verlag GmbH &Co., a book publisher located in Berlin, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/09/2009 332 LETTER addressed to Michael McMahon from Lex Jansen dated 8/27/09 re: The hearing in October 2009 regarding the Google settlement; We would like to draw your attention to the copyrights of the Dutch books owned by our publishing house which appear to be included in the settlement reached between Google and the Authors Guild and Association of American Publishers. We should first like to point out that we have not yet been consulted or heard in this settlement, even though our copyrights are involved; We have no problem with snippets of works published by our publishing house appearing in search results on Google, but we do intend to retain all rights on works jointly owned by us, our authors and/or our translators now and in the future. (mro) (Entered: 09/10/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 77 of 144 09/09/2009 333 LETTER addressed to Office of the Clerk from Detlef Holtgrefe dated 9/1/09 re: I am Publisher and President of the Brunnen Verlag GmbH, a book publisher located in GieBen, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/09/2009 334 LETTER addressed to Judge Denny Chin from Jennifer Jackson (Attorney General of Texas) dated 9/4/09 re: Texas asks the Court to modify the settlement agreement. (cd) (Entered: 09/10/2009) 09/09/2009 335 LETTER addressed to Office of the Clerk from Stephan D. Job dated 9/1/09 re: I am managing directior of the Carl Hanser Verlag GmbH &Co. KG, a book publisher located in Munich, Germany; We write to object to the settlement agreement. (mro) (Entered: 09/10/2009) 09/09/2009 336 LETTER addressed to Judge Denny Chin from Pamela Samuelson (Berkeley Law) dated 9/3/09 re: Google should not have a monopoly on a digital database of books. (cd) (Entered: 09/10/2009) 09/09/2009 337 LETTER addressed to Office of the Clerk from Gerhard Grossmann dated 9/1/09 re: I am Corporate Counsel of the et+k, edition text + kritik in Richard Boorberg Verlag GmbH &Co. KG, a book publisher located in Munchen, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations; We also wish to inform this Court that our company has not received any written notice of the settlement agreement, nor did we see any published notice of settlement agreement. (mro) (Entered: 09/10/2009) 09/09/2009 338 LETTER addressed to Office of the Clerk from Gerhard Grossmann dated 9/1/09 re: I am corporate counsel of the Richard Boorberg Verlag GmbH &Co KG, a book publisher located in Stuttgart, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/09/2009 339 LETTER addressed to Mr. Michael McMahon from Mr. Kees Holierhoek dated 8/31/09 re: We, the foundation of Dutch Authors, Stichting Lira, hereinafter Lira, are writing to you with regard to the proposed settlement agreement between Google and the Authors Guild and the Association of American Publishers. Lira has decided to join the settlement and to file claims with regard to one time cash payments, only on behalf of our rights holders who have mandated Lira hereto. In relation to future "Display Use" under the settlement, Lira is still surveying and evaluating which Lira member authors are interested in giving consent to Google with regard to (future) display use under the settlement. (mro) (Entered: 09/10/2009) 09/09/2009 340 LETTER addressed to Office of the Clerk from Ulrike Metzger dated 9/2/09 re: Ulrike Metzer, Managing Director of Ravensburger joins in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations as further set forth in this letter. Document filed by Ravensburger Buchverlag Otto Maier GmbH.(dle) (Entered: 09/10/2009) 09/09/2009 341 LETTER addressed to Madam or Sir from Dr. A. Nagele dated 9/1/09 re: My name is Andreas Nagele, one of the partners of Gebr. Borntraeger Verlagsbuchhandlung of Stuttgart, Germany, a publisher of scholarly books and journals since 1790. Our books and journals are in distributed and read in US, and elsewhere; We write to object the settlement agreement; Further, roughly 90% of the data on Gebr. Borntraeger's publications, that Google Inc. has made available in the preview of its planned book registry is flawed, incomplete and downright incorrect, especially when it concerns the commercial availability of our copyrighted works; It appears Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 78 of 144 to us that Google Inc. has simply chosen to label everything out of print, with very few exceptions. (mro) (Entered: 09/10/2009) 09/09/2009 342 LETTER addressed to Judge Denny Chin from Wade Henderson (Leadership Conference on Civil Rights) dated 9/3/09 re: Failure to approve the settlement would be tragic. (cd) (Entered: 09/10/2009) 09/09/2009 343 LETTER addressed to Madam or Sir from Dr. Walt Obermiller dated 9/1/09 re: I am partner of E. Schweizerbart'sche Verlagsbuchhandlung of Stuttgart, Germany, a publisher of scholarly books and journals since 1826. Our books and journals are in considerable circulation in the US and elsewhere; We write to object to the settlement agreement. (mro) (Entered: 09/10/2009) 09/09/2009 344 LETTER addressed to Office of the Clerk from Sven H. Koeltz re: I am owner of the Koeltz Scientific Books, a book publisher located in Konigstein, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/09/2009 345 LETTER addressed to Judge Denny Chin from Edward Feigenbaum et al (Stanford Computer Science) dated 9/3/09 re: In support of approval of the final settlement. Document filed by Peter Schweizer.(cd) (Entered: 09/10/2009) 09/09/2009 346 LETTER addressed to Office of the Clerk from Dietrich zu Klampen, publisher dated 9/1/09 re: Dietrich zu Klampen Verlag GbR joins in the objections that have been presented to this Court by Scott Gant et al. Document filed by Dietrich zu Klampen Verlag GbR.(dle) (Entered: 09/10/2009) 09/09/2009 347 LETTER addressed to Office of the Clerk from Jan Mucha dated 9/1/09 re: I am the CEO of the IZ Immobilienzeitung Verlagsgesellschaft mbH, a book publisher located in Wiesbaden, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/09/2009 348 LETTER addressed to Office of the Clerk from Christian Schumacher−Gebler dated I am CFO of the Ullstein Buchverlage GmbH, a publisher located in Berlin, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations; We also wish to inform the Court that the written notice that our company received of the settlement agreement in German was extremely difficult to read.(mro) (Entered: 09/10/2009) 09/09/2009 349 LETTER addressed to Office of the Clerk from Rainer Schneider dated 9/1/09 re: I am general director and owner of the Schneider Verlag Hohengehren GmbH, a book publisher located in Baltmannsweiler, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/09/2009 350 LETTER addressed to Judge Denny Chin from Lezi Baskerville (NAFEO) dated 8/20/09 re: Request for approval of the proposed settlement. (cd) (Entered: 09/10/2009) 09/09/2009 351 LETTER addressed to Office of the Clerk from Dr. Stefan Krummow, Legal Advisor dated 9/1/09 re: legal advisor to Aufbau Verlag GmbH &Co. KG joins the objections that have been presented to this Court by Scott Gant, et al. (dle) (Entered: 09/10/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 79 of 144 09/09/2009 352 LETTER addressed to Office of the Clerk from Dr. Tilmann Michaletz and Martin Huppe dated 9/1/09 re: Cornelsen Verlag GmbH joins in the objections that thave been presented to this Court by Scott Gant, et al. Document filed by Cornelsen Verlag GmbH.(dle) (Entered: 09/10/2009) 09/09/2009 353 LETTER addressed to Judge Denny Chin from Lateef Mitima (Institute of Intellectual Property) dated 9/8/09 re: Request for approval of settlement. (cd) (Entered: 09/10/2009) 09/09/2009 354 LETTER addressed to Judge Denny Chin from Roberta Adelman (CUNY LEADS) dated 9/4/09 re: Request for approval of the settlement. (cd) (Entered: 09/10/2009) 09/09/2009 355 LETTER addressed to Office of the Clerk from Gregor Rauh dated 9/1/09 re: Cornelsen Verlag Scriptor GmbH &Co. KG joins in the objections presented to this Court by Scott Gant et al. Document filed by Cornelsen Verlag Scriptor GmbH &Co. KG.(dle) (Entered: 09/10/2009) 09/09/2009 356 LETTER addressed to Office of the Clerk from Bernhard Schmid dated 9/2/09 re: Karl−May−Verlag joins in the objections that have been presented to this Court by Scott Gant et al. Document filed by Karl−May−Verlag.(dle) (Entered: 09/10/2009) 09/09/2009 357 LETTER addressed to Judge Denny Chin from Michael Keller and Lauren Schoenthaler (Stanford University Libraries) dated 9/8/09 re: Request for approval of the Proposed Settlement. (cd) (Entered: 09/10/2009) 09/09/2009 358 LETTER addressed to Office of the Clerk from Raymond Johnson−Ohla dated 9/1/09 re: VDI Verlag GmbH joins in the objections presented to this Court by Scott Gant et al. Document filed by VDI Verlag GmbH.(dle) (Entered: 09/10/2009) 09/09/2009 359 LETTER addressed to Judge Denny Chin from Leroy Watson (The National Grange) dated 9/3/09 re: Request for approval of the final settlement agreement. (cd) (Entered: 09/10/2009) 09/09/2009 360 LETTER addressed to Office of the Clerk from Joachim Nourney dated 9/2/09 re: Verlag− Europa Lehrmittel joins in the objections that have been presented to this Court by Scott Gant et al.. Document filed by Verlag Europa−Lehrmittel.(dle) (Entered: 09/10/2009) 09/09/2009 361 LETTER addressed to Judge Chin from Rodney Erickson et al (Committee on Institutional Cooperation) dated 9/4/09 re: Request for approval of the settlement agreement. (cd) (Entered: 09/10/2009) 09/09/2009 362 LETTER addressed to Judge Denny Chin from Martin Wichert dated 9/1/09 re: Martin Wichert, Sales Director of the Hatje Cantz Verlag, a book publisher located in Ostifildern, Germany writes to object to the Settlement Agreement. Document filed by Martin Wichert.(ae) (Entered: 09/10/2009) 09/09/2009 363 LETTER addressed to Office of the Clerk from Joachim Nourney dated 9/2/09 re: Fachbuchverlag Pfanneberg joins in the objections that have been presented to this Court by Scott Gant et al. Document filed by Fachbuchverlag Pfanneberg.(dle) (Entered: 09/10/2009) 09/09/2009 364 LETTER addressed to Judge Denny Chin from Tom Kraushaar, Publisher dated 9/2/09 re: Tom Kraushaar, Publisher of the J.G. Cotta'sche Buchhandlung Nachfolger GmbH, writes to object to the Settlement Agreement. Filed by Tom Kraushaar. (ae) (Entered: 09/10/2009) 09/09/2009 365 LETTER addressed to Judge Denny Chin from Sakari Laiho dated 9/1/09 re: Sakari Laiho, Director of the The Finnish Book Publishers Association writes to oppose the Settlement Agreement. Filed by Sakari Laiho(ae) (Entered: 09/10/2009) 09/09/2009 366 LETTER addressed to Office of the Clerk from Ludger Kieyboldt dated 9/1/09 re: Friedrich Kiehl Verlag GmbH joins in the objections that have been presented to this Court by Scott Gant, et al. Document filed by Friedrich Kiehl Verlag GmbH.(dle) (Entered: 09/10/2009) 09/09/2009 367 LETTER addressed to Judge Denny Chin from Peter Gollasch dated 9/2/09 re: Peter Gollasch, CFO of the Thienemann Verlag GmbH writes to the Court objecting to the Settlement Agreement. Filed by Peter Gollasch.(ae) (Entered: Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 80 of 144 09/10/2009) 09/09/2009 368 LETTER addressed to Judge Denny Chin from Klaus W. Mueller, Carl−Auer Publ. dated 9/1/09 re: Klaus W. Mueller, General Manager of Carl−Auer Publishers writes to the Court objecting to the Settlement Agreement. Filed by Klaus W. Mueller.(ae) (Entered: 09/10/2009) 09/09/2009 369 LETTER addressed to Office of the Clerk from Peter Kirchheim dated 9/1/09 re: P. Kirchheim Verlag joins in the objections that have been presented to this Court by Scott Gant et al. Document filed by P. Kerchheim Verlag.(dle) (Entered: 09/10/2009) 09/09/2009 371 LETTER addressed to Judge Denny Chin from Jesus Sanchez Garcia dated 9/3/09 re: Grupo Anaya objects to the proposed Settlement Agreement. Document filed by Grupo Anaya SA.(dle) (Entered: 09/10/2009) 09/09/2009 372 LETTER addressed to Judge Denny Chin from Ulich Pokern and Tilo Knoche dated 9/1/09 re: Parties Ulrich Pokern and Tilo Knoche, Executive Directors of Erns Klett Verlag GmbH jointly object the Settlement Agreement. Filed by Ulich Pokern, Tilo Knoche. (ae) (Entered: 09/10/2009) 09/09/2009 373 LETTER addressed to Judge Denny Chin from Dr. W. Georg Olms dated 9/1/09 re: Dr. W. Georg Olms, Managing Director of the Georg Olms Verlag writes to object to the Settlement Agreement. Document filed by W. Georg Olms.(ae) (Entered: 09/10/2009) 09/09/2009 374 LETTER addressed to Judge Denny Chin from Karin Wittenborg (University of Virginia Library) dated 9/3/09 re: Request for final approval of the settlement agreement. (cd) (Entered: 09/10/2009) 09/09/2009 375 LETTER addressed to Judge Denny Chin from Dr. Wolfgang Illert dated 9/2/09 re: The Deutsche Stiftung Denkmalschutz writes objecting to the Settlement Agreement. Document filed by The Deutsche Stiftung Denkmalschutz.(ae) (Entered: 09/10/2009) 09/09/2009 376 LETTER addressed to J. Michael McMahon, Clerk of Court from Hesys Sanchez Garcia dated 9/3/09 re: Objections of Grupo Editorial Bruno, S.L. to proposed Class Settlement. Document filed by Edelsa Grupo Didascalia, S.A..(pl) (Entered: 09/10/2009) 09/09/2009 377 LETTER addressed to Judge Denny Chin from Robert Stein (Uniform Law Commission) dated 9/3/09 re: Not opting out of the proposed settlement. (cd) (Entered: 09/10/2009) 09/09/2009 378 LETTER addressed to Judge Denny Chin from Margret Schneider dated 09/1/09 re: Dr. Stefan Schlegel, manager of the Vde Verlag GmbH writes to object to the Settlement Agreement. Document filed by Vde Verlag GmbH.(ae) (Entered: 09/10/2009) 09/09/2009 379 LETTER addressed to Judge Denny Chin from Karl ZoBell and Millie Basden (DLA Paper) dated 8/26/09 re: Request for approval of the settlement. (cd) (Entered: 09/10/2009) 09/09/2009 380 LETTER addressed to Judge Denny Chin from Nikolaus Hansen dated 9/1/09 re: Nikolaus Hansen, publisher of the Atrium Vertag AG, writes to object to the Settlement Agreement. Document filed by Atrium Veriag AG.(ae) (Entered: 09/10/2009) 09/09/2009 381 LETTER addressed to Judge Denny Chin from Jennifer Nicholson (IFLA) dated 9/1/09 re: Territorial limits of the settlement. (cd) (Entered: 09/10/2009) 09/09/2009 382 LETTER addressed to Judge Denny Chin from Eva Maria Buchholz dated 9/1/09 re: Evan Maria Buchhlz, head of book department of the Hinstorff Verlag GmbH writes to object to the Settlement Agreement. Document filed by Hinstorff Verlag GmbH.(ae) (Entered: 09/10/2009) 09/09/2009 383 LETTER addressed to Judge Denny Chin from Gregory Crane (Tufts University) dated 8/7/09 re: In support of the books Google has digitalized reach the widest possible audience as quickly as possible. (cd) (Entered: 09/10/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 81 of 144 09/09/2009 384 LETTER addressed to Judge Denny Chin from Anne Kenney (Cornell University Library) dated 9/2/09 re: Supporting final settlement. (cd) (Entered: 09/10/2009) 09/09/2009 385 LETTER addressed to Judge Denny Chin from Florian Sautter dated 9/1/09 re: Florian Sautter, owner of the "Verlag der Buchhandlung Sautter &Lackmann, writes to object to the Settlement Agreement. Document filed by Sautter &Lackmann Gachbuchhandlung.(ae) (Entered: 09/10/2009) 09/09/2009 386 LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Dr. Martina Erdmann dated 9/1/09 re: objection to the Settlement Agreement. Document filed by Dr. Martina Erdmann.(pl) (Entered: 09/10/2009) 09/09/2009 387 LETTER addressed to Judge Denny Chin from Jonathan Band (Jonathna Band PLLC) dated 9/3/09 re: Courtesy copies of the listed filings re settlement. (cd) (Entered: 09/10/2009) 09/09/2009 388 LETTER addressed to Judge Denny Chin from Steffen Herrmann dated 9/1/09 re: Steffen Herrmann, publisher of Junius Verlag GmbH, writes to object to the Settlement Agreement. Document filed by Junius Verlag GmbH.(ae) (Entered: 09/10/2009) 09/09/2009 389 LETTER addressed to Judge Denny Chin from Ulrich Grunwald dated 9/1/09 re: Ulrich Grunwald, Manager of the Verlag Handwerk und Technik GmbH, writes to object to the Settlement Agreement. Document filed by Verlag Handwerk und Technik GmbH.(ae) (Entered: 09/10/2009) 09/09/2009 390 LETTER addressed to Judge Denny Chin from Raymond Nimmer and Jeff Dodd (University of Houston) dated 9/4/09 re: Request for rejection of the settlement. (cd) (Entered: 09/10/2009) 09/09/2009 391 LETTER addressed to Judge Denny Chin from Hans J. Schmidtke dated 9/1/09 re: Hans J. Schmidtke, Publisher of the Cadmos Verlag GmbH, writes to object to the Settlement Agreement. Document filed by Cadmos Verlag GmbH.(ae) (Entered: 09/10/2009) 09/09/2009 392 LETTER addressed to Judge Denny Chin from Harry Lewis (Author Sub−Class) dated 9/4/09 re: Objections to some of the terms of the settlement. (cd) (Entered: 09/10/2009) 09/09/2009 393 LETTER addressed to Judge Denny Chin from Diane Aronson dated 9/3/09 re: Concerns about settlement etc. (cd) (Entered: 09/10/2009) 09/09/2009 394 LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Tanja Graf dated 9/2/09 re: objection to the Settlement Agreement. Document filed by Tanja Graf.(pl) (Entered: 09/10/2009) 09/09/2009 395 LETTER addressed to Judge Denny Chin from Susan Bergholz dated 8/31/09 re: Objections to the settlement. (cd) (Entered: 09/10/2009) 09/09/2009 396 LETTER addressed to Judge Denny Chin from Nikolaus Hansen dated 9/1/09 re: Nikolaus Hansen, publisher of the Arche Literatur Verlag AG, writes to object to the Settlement Agreement. Document filed by Arche Literatur Verlag AG.(ae) (Entered: 09/10/2009) 09/09/2009 397 LETTER addressed to Judge Denny Chin from Mary Lynn Cabrall dated 9/4/09 re: Request for rejection of the settlement. (cd) (Entered: 09/10/2009) 09/09/2009 398 LETTER addressed to Judge Denny Chin from Gary Rhoades (AAUP) dated 9/4/09 re: Concerns about the Google Library Project/settlement. (cd) (Entered: 09/10/2009) 09/09/2009 399 LETTER addressed to Judge Denny Chin from Tim Teloeken dated 9/1/09 re: Tim Teloeken, director of Alba Fachverlag GmbH &Co.KG, writes to object to the Settlement Agreement. Document filed by Alba Fachverlag GmbH &Co.KG.(ae) (Entered: 09/10/2009) 09/09/2009 400 LETTER addressed to Judge Denny Chin from Olswang LLP dated 9/8/09 re: that on behalf on behalf of the UK Agents, we respectfully request the Court's Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 82 of 144 permission to file this letter as an amicus curiae brief to address certain concerns of UK authors who have not opted−out of the proposed settlement agreement in this proceeding. The within brief is in support of neither party. Document filed by Olswang LLP.(pl) (Entered: 09/10/2009) 09/09/2009 401 LETTER addressed to Judge Denny Chin from Serge Eyrolles dated 9/3/09 re: Serge Eyrolles, President of the French Publishers Association, writes to object to the Settlement Agreement. Document filed by French Publishers Association.(ae) (Entered: 09/10/2009) 09/09/2009 402 LETTER addressed to Judge Denny Chin from Motohisa Ohno re: Objections to Settlement. (cd) (Entered: 09/10/2009) 09/09/2009 403 LETTER addressed to Judge Denny Chin from Martin Kahn (ProQuest) dated 9/3/09 re: Objections to settlement. (cd) (Entered: 09/10/2009) 09/09/2009 404 LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Irene Lindon, CEO dated 9/3/09 re: objection to the Proposed Settlement Agreement. Document filed by Les Editions De Minuit S.A..(pl) (Entered: 09/10/2009) 09/09/2009 405 Objections To Settlement. Document filed by Harrasowitz, Media 24 et al. (cd) (Entered: 09/10/2009) 09/09/2009 406 OBJECTIONS to Proposed Settlement and Brief of Amici Curiae Borsenverein Des Deutschen Buchhandels, Schweizer Buchhandler − Und Verleger − Verbank Sbvv, Hauptverband Des Osterreichischen Buchhandels, Svenska Forlaggareforeningen. Document filed by Harrasowitz, Media24, Studentlitteratur AB, Norstedts Forlagsgrupp AB, Norstedts Kartor AB, Leopard Forlag AB, Borsenverein des Deutschen Buchhandels, Schweizer Buchhandler − und Verleger−Verband SBVV, Hauptverband des Osterreichischen Buchhandels, Svenska Forlaggareforeningen. (ae) (Entered: 09/10/2009) 09/09/2009 407 LETTER addressed to Judge Denny Chin from Hiroshi Sakagami, President dated 9/4/09 re: objection to the Settlement Agreement. Document filed by The Japan Writers' Association.(pl) (Entered: 09/10/2009) 09/09/2009 408 LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Geert Noorman, Director dated 9/1/09 re: Dutch objections and concerns Google Book Settlement. Document filed by The Dutch Publishers Association (NUV).(pl) (Entered: 09/10/2009) 09/09/2009 409 LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Eckhart Holzboog dated 9/1/09 re: We therefore joinin the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations that includes the Borsenverein des Deutschen Buchhandels and others, for the reasons presented to this Court by those individuals and entities. Document filed by Frommann−holzboog e.K..(pl) (Entered: 09/10/2009) 09/09/2009 410 LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Thomas Grundmann dated 9/1/09 re: We write to object to the Settlement Agreement. Document filed by Bouvier Berlag.(pl) (Entered: 09/10/2009) 09/09/2009 414 LETTER addressed to Office of the Clerk from Maria Schonefeld dated 8/31/2009 re: We write to object to the Settlement Agreement. (jpo) (Entered: 09/10/2009) 09/09/2009 420 LETTER addressed to Mr. McMahon from Tony Simpson dated 9/2/09 re: The proposed settlement affects published authors and rights holders. The NZSA owns the rights to numerous publications as well as being the principal advocate for the professional interests of New Zealand's writers, actively working to protect copyright through contractual negotiations. The proposed settlement affects our copyright and that of our members; We urge the Court to rejec the propsed settlement on the grounds as detailed above. (mro) (Entered: 09/10/2009) 09/09/2009 422 LETTER addressed to Office of the Clerk J. Michael McMahon from Prof. Dr. Rainer Kuhlen dated 8/31/09 re: objection to the Settlement Agreement. Document Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 83 of 144 filed by "Copyright for Education and Science" (CCES).(pl) (Entered: 09/10/2009) 09/09/2009 423 LETTER addressed to Office of the Clerk from Kurt Mattes dated 9/1/09 re: I am owner of the Mattes Verlag GmbH, a book publisher located at Heidelberg in Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/09/2009 429 LETTER addressed to Mr. McMahon from Alison Gray dated 9/2/09 re: I write to object to the proposed settlement as a class member; For the reasons listed herein, I urge the Court to reject the proposed settlement. (mro) (Entered: 09/10/2009) 09/09/2009 457 LETTER addressed to Judge Denny Chin from Owen Atkinson dated 9/4/09 re: The Authors' Licensing Collecting Society(ALCS) wishes to submit this letter in relation to the final settlement approval in this case; The proposed Google settlement agreement is an important issue for our members; We have already identified more than 18,000 of our members and 37,000 works as being directly affected by the settlement. Document filed by Owen Atkinson.(mro) (Entered: 09/10/2009) 09/09/2009 492 LETTER addressed to Judge Denny Chin from Giles Sandeman Allen dated 9/4/2009 re: Counsel writes to request an amendment in the determination of "in print". Please can the following clause or something similar be inserted, into the Attachment A to Settlement Agreement, probably at 3.2 (a)(i)(4), to say: "A Book is not "in−print" if the author−publisher contract is governed by foreign law which allows for automatic reversion to the Author of rights in the Book and the criteria for such automatic reversion have been met." (jfe) (Entered: 09/10/2009) 09/09/2009 500 LETTER addressed to Sir from Racheli Edelman dated 4/9/2009 re: Counsel writes to object to the Settlement Agreement. (jfe) (Entered: 09/10/2009) 09/09/2009 507 LETTER addressed to J. Michael McMahon from Eva Dreikurs Feruson dated 8/29/2009 re: As copyright holder for the published works of Rudolf Dreikurs, Sadie Dreikurs, and Eva Dreikurs Ferguson, I am writing to send my objection regarding the Settlement between Google and Authors. I wish to be a member of the Settlement and request the Court to take into account my concerns when finalizing the Settlement. (jmi) (Entered: 09/11/2009) 09/09/2009 509 LETTER addressed to Judge Denny Chin from Autouio dated 9/8/2009 re: The Federacion de Gremios de Editores de Espaiia (FGEE) is a private entity representing the interest of the publishing sector in Spain. We are writing to you in regards to the proposed Settlement Agreement of the class action copyright infringement litigation brought by the U.S. Author's Guild and others against Google Inc (hereinafter the "Settlement"). (jmi) (Entered: 09/11/2009) 09/09/2009 510 LETTER addressed to Office of the Clerk from Dr. Zsuzsanna Bazing dated 9/1/2009 re: My name is Dr. Zsuzsanna Bazing, and I am the managing director of the Dialog Campus Kiado−NORDEX GmbH, a book publisher located in Passau Germany. Dialog Campus Kiado−NORDEX GmbH is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi) (Entered: 09/11/2009) 09/09/2009 511 LETTER addressed to Office of the Clerk from Dr. Zsuzsanna Bazing dated 9/1/2009 re: My name is Dr. Zsuzsanna Bazing, and I am the managing director of the Schenk Verlag GmbH, a book publisher located in Passau Germany. Schenk Verlag GmbH is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi) (Entered: 09/11/2009) 09/10/2009 411 LETTER addressed to Office of the Clerk from Gerhard Denndorf dated 9/2/2009 re: We write to object to the Settlement Agreement. (jpo) (Entered: 09/10/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 84 of 144 09/10/2009 412 LETTER addressed to Office of the Clerk from Kristoffer Lind dated 8/31/2009 re: We write to object the Settlement Agreement. (jpo) (Entered: 09/10/2009) 09/10/2009 413 LETTER addressed to Office of the Clerk from Bengt Fasth dated 8/31/2009 re: We write to object to Settlement Agreement. (jpo) (Entered: 09/10/2009) 09/10/2009 415 LETTER addressed to Judge Denny Chin from Salley Shannon dated 9/4/09 re: As the author of several books, plus portions of anthologies, all of which were published before September 5, 2009, I write to put my objections before you; The so−called remedy is disproportionate, duplicitous, and bears little relationship to the offense; I do recognize that much about how Google operates its proprietary, making it difficult to monitor any limitations. Nevertheless, please direct that limits be set. It is time.(mro) (Entered: 09/10/2009) 09/10/2009 416 LETTER addressed to Mr. McMahon from Deborah Burnside dated 9/2/09 re: I write to object to the Proposed Settlement as a class member in support of the New Zealand Society of Author's objection. I am a New Zealand author and citizen and my books are published by New Zealand and Australian publishers.(mro) (Entered: 09/10/2009) 09/10/2009 417 LETTER addressed to Office of the Clerk from Klaus−Thorsten Firnig dated 9/1/09 re: I am Managing Director of the EGMONT Verlagsgesellschaften mbH, a book publisher located in Cologne, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/10/2009 419 LETTER addressed to Office of the Clerk from Carola Muller dated 9/2/09 re: I am CEO of the publishing house Vandenhoeck &Ruprecht, a book publisher located in Gottingen, Germany; We join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/10/2009 421 LETTER addressed to Mr. McMahon from Daphne Clair de Jong dated 9/2/09 re: I write to object to the proposed settlement as a class member; I urge the Court to reject the proposed settlement on the grounds listed herein. (mro) (Entered: 09/10/2009) 09/10/2009 424 LETTER addressed to Office of the Clerk from Manfred Krick dated 9/2/09 re: We are a German publishing house having its registered office at Bad Homburg, Germany. As a major publisher in the area of educational products we are distributing about 300 different educational books up to date for which we are holding the US copyright. As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. (mro) (Entered: 09/10/2009) 09/10/2009 425 LETTER addressed to Office of the Clerk from Manfred Metzner re: I am CEO of the Verlag Das Wunderhorn GmbH, a book publisher located in Heidelberg, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/10/2009 426 LETTER addressed to Office of the Clerk from Hans Freiwald dated 9/2/09 re: I am Editorial Director of the CW Niemeyer Buchverlage GmbH, a book publisher located in Hameln, Germany; We write to object to the settlement agreement. (mro) (Entered: 09/10/2009) 09/10/2009 427 LETTER addressed to Office of the Clerk from Karl−Heinz Remmers dated 9/1/09 re: I am CEO of the Solarpraxis AG, a book publisher located in Berlin, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 85 of 144 09/10/2009 430 LETTER addressed to Office of the Clerk from Prof. Dr. Wulf D. v. Lucius dated 9/2/09 re: I am CEO of the Lucius &Lucius Berlagsgesellschaft mbH, a book publisher located in Stuttgart, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/10/2009 431 LETTER addressed to Office of the Clerk from Dr. Hans−Robert Cram dated 9/2/09 re: I am managing director of the Dietrich Reimer Verlag GmbH, a book publisher located in Berlin, Germany, with a book list of more than 1,800 titles; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/10/2009 432 LETTER addressed to Office of the Clerk from Michael Schmitt, Parzeller &Co. KG dated 9/1/09 re: I am managing director of Parzeller &Co. KG, a book publisher located in Fluda, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/10/2009 433 LETTER addressed to Office of the Clerk from Daniela Filthaut dated 9/1/09 re: I am publishing director of the Gerstenberg Verlag GmbH &Co. KG, a book publisher located in Hildeshein, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) (Entered: 09/10/2009) 09/10/2009 434 LETTER addressed to Office of the Clerk from Adrian Schommers dated 9/2/09 re: I am the managing director of the Verlag Stahleisen GmbH, a book publisher located in Dusseldorf, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Adrian Schommers.(mro) (Entered: 09/10/2009) 09/10/2009 435 LETTER addressed to Office of the Clerk from Adrian Schommers dated 9/2/09 re: I am managing director of the Giesserei−Verlag GmbH, a book publisher located in Duseeldorf, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Adrian Schommers.(mro) (Entered: 09/10/2009) 09/10/2009 436 LETTER addressed to Office of the Clerk from Adrian Schommers dated 9/2/09 re: I am the managing director of the Montan−und Wirtschaftsverlag Gmbh, a book publisher located in Dusseldorf, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Adrian Schommers.(mro) (Entered: 09/10/2009) 09/10/2009 437 LETTER addressed to Office of the Clerk from Dag Hernried dated 9/1/09 re: I am managing director of the Alfabeta Bokforlag AB, a book publisher located in Stockholm, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 86 of 144 objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Dag Hernried.(mro) (Entered: 09/10/2009) 09/10/2009 438 LETTER addressed to Office of the Clerk from Lena Andersson dated 9/2/09 re: I am Managing Director of the Berghs Forlag AB, a book publisher located in Stockholm, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Lena Andersson.(mro) (Entered: 09/10/2009) 09/10/2009 439 LETTER addressed to Office of the Clerk from Catrine Christell Grimlund dated 8/31/09 re: I am owner of the Bokforlaget Opal AB, a book publisher located in Stockholm, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Catrine Christell Grimlund.(mro) (Entered: 09/10/2009) 09/10/2009 440 LETTER addressed to Office of the Clerk from David Stansvik dated 8/31/09 re: I am managing director of the Bokforlaget Nya Doxa AB, a book publisher located in Nora, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by David Stansvik.(mro) (Entered: 09/10/2009) 09/10/2009 441 LETTER addressed to Office of the Clerk from Par Sjolinder dated 9/2/09 re: I am junior editor of the Modernista, a book publisher located in Stockholm, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Par Sjolinder.(mro) (Entered: 09/10/2009) 09/10/2009 442 LETTER addressed to Judge Denny Chin from Kristoffer Lind dated 8/30/09 re: I am chairman of the Nordic Independent Publishers Association (Nordiska Oberoende Forlagas Forening, NOFF) located in Stockholm, Sweden. I write on behalf of NOFF in connection with the proposed settlement of the class action copyright infringement litigation brought by the US Authors Guild and others against Google's Book search service; We urge this Court not to approve the settlement agreement, for the reasons herein; To the extent necessary, we respectfully request that this Court accept this letter as an amicus curiae submission. Document filed by Kristoffer Lind.(mro) (Entered: 09/10/2009) 09/10/2009 443 LETTER addressed to Office of the Clerk from Karl Heinz Bonny dated 9/2/09 re: I am CEO of Landwirtschaftsverlag GmbH, a book publisher in Munster, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Karl Heinz Bonny.(mro) (Entered: 09/10/2009) 09/10/2009 444 LETTER addressed to Office of the Clerk from Andreas Schulz dated 9/2/09 re: I am the CEO of the Vista Point Verlag GmbH, a book publisher located in Cologne, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 87 of 144 foreign publishers and publishing associations. Document filed by Andreas Schulz.(mro) (Entered: 09/10/2009) 09/10/2009 445 LETTER addressed to Office of the Clerk from Dr. Martin Wagner dated 9/2/09 re: I am legal counsel and head of the legal department of Langenscheidt KG, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Martin Wagner.(mro) (Entered: 09/10/2009) 09/10/2009 446 LETTER addressed to Office of the Clerk from Dr. Hans−Jurgen Dietrich dated 9/1/09 re: I am the publishing director of the Ergon−Verlag GmbH, a book publisher located in Wurzburg, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Dr.Hans−Jurgen Dietrich.(mro) (Entered: 09/10/2009) 09/10/2009 447 LETTER addressed to Office of the Clerk from Dr. Susanne Greiner dated 9/1/09; re: I am Geschaftsfuhrer of the Johannes Verlag Einsiedeln, a book publisher located in Freiburg, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations Document filed by Susanne Greiner.(mro) (Entered: 09/10/2009) 09/10/2009 448 LETTER addressed to Office of the Clerk from Harald Kirbach dated 9/1/09 re: I am managing director of the Wirtschaftsverlag, a book publisher located in Bremerhaven, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations; We also wish to inform the Court that our company did not receive any written notice of the settlement agreement. Document filed by Harald Kirbach.(mro) (Entered: 09/10/2009) 09/10/2009 449 LETTER addressed to Office of the Clerk from Chris Schoen dated 9/1/09 re: I am CEO of ibidem−Verlag J. Haunschild/C. Schon GbR, a book publisher located in Suttgart and Hannover, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Chris Schoen.(mro) (Entered: 09/10/2009) 09/10/2009 450 LETTER addressed to Office of the Clerk from Cordula Walter−Bolhofer dated 9/1/09 re: I am director of the Calypso Verlag, a book publisher located in 53819 Neunkirchen, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations; Our company did not receive any written notice of the settlement agreement, nor did we see any published notice of the settlement agreement. Document filed by Cordula Walter−Bolhofer.(mro) (Entered: 09/10/2009) 09/10/2009 451 LETTER addressed to Office of the Clerk from Georg Holzmeister dated 9/1/09 re: I am general manager of the Fidula−Verlag Holzmeister GmbH, a book publisher located in Boppard/Rhine in Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 88 of 144 Gant and the group of foreign publishers and publishing associations. Document filed by Georg Holzmeister.(mro) (Entered: 09/10/2009) 09/10/2009 452 LETTER addressed to Office of the Clerk from Joachim Weidler dated 9/1/09 re: I am the publisher of Weidler Buchverlag Berlin, a book publisher located in Berlin (Germany); We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Joachim Weilder.(mro) (Entered: 09/10/2009) 09/10/2009 453 LETTER addressed to Office of the Clerk from Peter Hohl dated 9/1/09 re: I am managing director of hte SecuMedia Verlag, a book publisher located in Gai−Algesheim, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Peter Hohl.(mro) (Entered: 09/10/2009) 09/10/2009 454 LETTER addressed to Office of the Clerk from Dr. Reinhard Martini dated 9/2/09 re: I am the publisher of Junfermann Verlag, a book publisher located in Paderborn, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Reinhard Martini.(mro) (Entered: 09/10/2009) 09/10/2009 455 LETTER addressed to Office of the Clerk from Torbjorn Santerus re: I am founder and owner of the Santerus Forlag, a book publisher located in Stockholm, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Torbjorn Santerus.(mro) (Entered: 09/10/2009) 09/10/2009 456 LETTER addressed to Judge Denny Chin from Russell Davis dated 9/2/09 re: This letter is sent in protest to the proposed settlement in The Authors Guild, Inc, et al v. Google, Inc. The objection is lodged on behalf of the Science Fiction and Fantasy Writers of America, Inc. ("SFWA"), a non profit organization of professional writers of science fiction, fantasy, and related genres; SFWA requests the opportunity to appear at the Fairness Hearing in this matter currently scheduled for October 7, 2009. Document filed by Russell Davis.(mro) (Entered: 09/10/2009) 09/10/2009 458 LETTER addressed to Mr. McMahon from Gordon Charles Ell (pen−name Pita Graham) dated 9/2/09 re: I write to object to the proposed settlement as a class member. The grounds for my objection are: Court has misapplied the Berne Convention; Court has exceeded jurisdiction; Author sub−class not applicable to NZ authors, etc. Document filed by Gordon Charles Ell.(mro) (Entered: 09/10/2009) 09/10/2009 459 LETTER addressed to Mr. McMahon from Antonette R. Jones dated 9/3/09 re: I write to object to the proposed settlement as a class member. The grounds for my objection are listed herein. Document filed by Antonette R Jones.(mro) (Entered: 09/10/2009) 09/10/2009 460 LETTER addressed to Mr. McMahon from Ann Louise Mitcalfe dated 9/3/09 re: I write to object to the proposed settlement as a class member. The grounds for my objection are listed herein. Document filed by Ann Louise Mitcalfe.(mro) (Entered: 09/10/2009) 09/10/2009 461 LETTER addressed to Mr. McMahon from Malcolm Campbell dated 9/3/09 re: I write to object to the proposed settlement as a class member. The grounds for my objection are listed herein. Document filed by Malcolm Campbell.(mro) (Entered: Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 89 of 144 09/10/2009) 09/10/2009 462 LETTER addressed to Office of the Clerk from Ulf Heimdahl dated 8/31/09 re: I am managing director of the Informationsforlaget Heimdahls AB, a book publisher in Stockholm, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Ulf Heimdahl.(mro) (Entered: 09/10/2009) 09/10/2009 463 LETTER addressed to Office of the Clerk from Petter Luthersson dated 8/31/2009 re: Counsel writes to object to the Settlement Agreement. Counsel therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations that includes the Svenska Forlaggareforeningen, for the reasons presented to this Court by those individuals and entities. In addition, counsel wish to inform this Court that the written notice that our company received of the Settlement Agreement in Swedish was extremely difficult to read and included a number of meaningless or nonsensical terms and had obviously been translated very poorly. (jfe) (Entered: 09/10/2009) 09/10/2009 464 OBJECTION AND NOTICE OF INTENT TO APPEAR OF CLASS MEMBER SHOJIRO AKASHI TO PROPOSED SETTLEMENT BETWEEN PLAINTIFFS THE AUTHORS GUILD, INC., ASSOCIATION OF AMERICAN PUBLISHERS, INC., ET AL. AND GOOGLE, INC. (db) (Entered: 09/10/2009) 09/10/2009 465 THE PROPOSED GOOGLE SETTLEMENT: Views from the Booksellers Association of the United Kingdom &Ireland Limited. (db) (Entered: 09/10/2009) 09/10/2009 466 SUPPLEMENTAL LIBRARY ASSOCIATION COMMENTS ON THE PROPOSED SETTLEMENT. By the Library Associations. (db) (Entered: 09/10/2009) 09/10/2009 467 OBJECTION AND NOTICE OF INTENT TO APPEAR OF CLASS MEMBER JUNJI SUZUKI TO PROPOSED SETTLEMENT BETWEEN PLAINTIFFS THE AUTHORS GUILD, INC., ASSOCIATION OF AMERICAN PUBLISHERS, INC., ET AL. AND GOOGLE, INC. By 194 writers in Japan who are members of the Japan Visual Copyright Association. (db) (Entered: 09/10/2009) 09/10/2009 468 LETTER addressed to Office of the Clerk from Johannes Lessmann dated 9/2/09 re: Join in the objections that have been presented to the Court by Scott Gant and the group of foreign publishers and publishing associations that includes the Borsenverein des Deutschen Buchhandels and others, for the reasons presented to the Court by those individuals and entities. (db) (Entered: 09/10/2009) 09/10/2009 469 LETTER addressed to Office of the Clerk from Vittorio E. Klostermann dated 9/1/2009 re: Counsel writes to join in the objections that have been presented to this Court by Scott Gant and the group of Foreign publishers and publishing associations that includes the Borsenverein des Deutschen Buchhandels and others, for the reasons presented to this Court by those individuals and entities. (jfe) (Entered: 09/10/2009) 09/10/2009 470 LETTER addressed to Settlement Adminstrator from Frank P. Scibilia dated 9/2/2009 re: Counsel writes to inform you, Google, Inc., and all other interested parties (including Class Counsel and the so−called "Book Rights Registry") that EMI is opting out of the settlement in Authors Guild, Inc. et al. v. Google, Inc., 05 CV 8136 (DC) (the "Google Books Settlement" or the "Settlement"). (jfe) (Entered: 09/10/2009) 09/10/2009 471 LETTER addressed to Judge Denny Chin from Arnaud Nourry dated 9/3/2009 re: Hachette respectfully requests that this Court reject the Proposed Settlement and/or decline to certify the class with regard to non−US Rightsholders. (jfe) (Entered: 09/10/2009) 09/10/2009 472 LETTER addressed to Mr. Michael McMahon from Mr. E. A. Van Ingen dated 8/27/2009 re: Boom Publishers Amsterdam are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 90 of 144 the Association of American Publishers. Counsel would like to raise the following concerns and objections to this Settlement as set forth within.(jfe) (Entered: 09/10/2009) 09/10/2009 473 LETTER addressed to Office of the Clerk from Ann Marie Skarp dated 8/31/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db) (Entered: 09/10/2009) 09/10/2009 474 LETTER addressed to Judge Denny Chin from Karsten Blauert and Marie Svane dated 9/1/09 re: Request that the Court accept this letter as an Amicus Curiae submission. (db) (Entered: 09/10/2009) 09/10/2009 475 LETTER addressed to Office of the Clerk from Wolfgang Foerster dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement. Counsel therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations that includes the Borsenverein des Deutschen Buchhandels and others, for the reasons presented to this Court by those individuals and entities. In addition, counsel wish to inform this Court that their company did not receive any written notice of the Settlement Agreement, nor did they see any published notice of the Settlement Agreement. (jfe) (Entered: 09/10/2009) 09/10/2009 476 LETTER addressed to Mr. McMahon from Margaret Jefferies dated 9/3/09 re: Objection to Proposed Settlement as a class member. (db) (Entered: 09/10/2009) 09/10/2009 477 LETTER addressed to Honorable Clerk from Jesus F. Gonzalez dated 8/25/2009 re: Counsel writes in objection to the Google Book Search Agreement. (jfe) (Entered: 09/10/2009) 09/10/2009 478 LETTER addressed to Judge Denny Chin from Karsten Blauert and Marie Svane dated 9/1/09 re: Request that the Court accept this letter as an Amicus Curiae submission. (db) (Entered: 09/10/2009) 09/10/2009 479 LETTER addressed to Mr..McMahon from Sander Knol dated 8/27/2009 re: Counsel writes to make the following objections and comments to the Google Book Settlement as set forth within. (jfe) (Entered: 09/10/2009) 09/10/2009 480 LETTER addressed to Judge Denny Chin from Lewis Hyde dated 8/31/2009 re: Counsel writes to object to some of the terms of the settlement that has been proposed by the litigants in Case No. 05 CV 8136, The Authors Guild, Inc., et al. v. Google Inc. (jfe) (Entered: 09/10/2009) 09/10/2009 481 LETTER addressed to Office of the Clerk from Patrik Widlund dated 8/31/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db) (Entered: 09/10/2009) 09/10/2009 482 LETTER addressed to Sir Michael McMahon from Mai Spijkers dated 8/26/2009 re: Counsel writes in regards to the proposed Settlement Agreement between Google Inc., and the Author Guild and the Association of American Publishers. Counsel raises the following concerns and objections to the Settlement set forth within. (jfe) (Entered: 09/10/2009) 09/10/2009 483 LETTER addressed to Office of the Clerk from Dorothea Kieler dated 9/1/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db) (Entered: 09/10/2009) 09/10/2009 484 LETTER addressed to Office of the Clerk from Mr. Helmuth Bauer−Callwey dated 9/1/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db) (Entered: 09/10/2009) 09/10/2009 485 LETTER addressed to Office of the Clerk from Dieter Bergemann dated 9/1/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db) (Entered: 09/10/2009) 09/10/2009 486 LETTER addressed to Mr. McMahon from W.J. Van Oorschot dated 8/29/2009 re: Counsel writes to make the following objection and comments to the Google Book Search Settlement set forth within. (jfe) (Entered: 09/10/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 91 of 144 09/10/2009 487 LETTER addressed to Office of the Clerk from Dr. med. Axel Bedurftig dated 9/1 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db) (Entered: 09/10/2009) 09/10/2009 488 LETTER addressed to Sir from Stuart Bernstein dated 8/31/2009 re: Counsel writes to object to the Google Book Settlement. (jfe) (Entered: 09/10/2009) 09/10/2009 489 LETTER addressed to Michael McMahon from Bert de Groot dated 8/25/2009 re: Counsel writes to draw your attention to the copyrights of the Dutch books owned by our publishing house which appear to be included in the settlement reached between Google and the Authors Guild and Association of American Publishers. Counsel should first like to point out that they have not yet been consulted or heard in this settlement, even though our copyrights are involved. Google's actions have raised many questions, comments and objections as set forth within. (jfe) (Entered: 09/10/2009) 09/10/2009 490 THE GOOGLE SETTLEMENT: Letter dated 5/27/09 from Forlaeggerforeningen (Danish Publishers Association). (db) (Entered: 09/10/2009) 09/10/2009 491 LETTER addressed to Office of the Clerk from Erik Hellqvist dated 8/31/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db) (Entered: 09/10/2009) 09/10/2009 493 LETTER addressed to Sir Michael McMahon from A.M.W. Holl dated 9/1/09 re: Objection to Proposed Settlement Agreement. (db) (Entered: 09/10/2009) 09/10/2009 494 LETTER addressed to Office of the Clerk from Ann Spaak dated 8/31/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db) (Entered: 09/10/2009) 09/10/2009 495 LETTER addressed to Office of the Clerk from Bror Tronbacke dated 8/31/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db) (Entered: 09/10/2009) 09/10/2009 496 LETTER addressed to Judge Denny Chin from Mathias Lilleengen dated 9/4/2009 re: Counsel writes on behalf of our member publishers in connection with the proposed settlement of the class−action copyright infringement litigation brought by the U.S. Authors Guild and others against Google's Book Search service. counsel respectfully request that this Court accept this letter as an amicus curiae submission. (jfe) (Entered: 09/10/2009) 09/10/2009 497 OBJECTION OF JAPANESE PUBLISHERS COMENT TO THE SETTLEMENT. by Japanese publishers. (jfe) (Entered: 09/10/2009) 09/10/2009 498 LETTER addressed to Office of the Clerk from Juerg Flury dated 9/1/2009 re: Counsel writes in objection to the Settlement Agreement. (jfe) (Entered: 09/10/2009) 09/10/2009 499 LETTER addressed to Office of the Clerk from Dr. Andreas Barth dated 1/09/2009 re: Counsel writes to object to the Settlement Agreement. (jfe) (Entered: 09/10/2009) 09/10/2009 501 LETTER addressed to Mr. McMahon from Anthony Holcroft dated 9/3/2009 re: Counsel writes to object to the Proposed Settlement as a class member. (jfe) (Entered: 09/10/2009) 09/10/2009 502 LETTER addressed to Office of the Clerk from Bausassessor Dipl.−Ing. Johannes Lohaus dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement. (jfe) (Entered: 09/10/2009) 09/10/2009 503 LETTER addressed to Office of the Clerk from Hildegard Wehler dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement. (jfe) (Entered: 09/10/2009) 09/10/2009 504 LETTER addressed to Office of the Clerk from Karin Low dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement. (jfe) (Entered: 09/10/2009) 09/10/2009 505 LETTER addressed to Office of the Clerk from Martin Kegel dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement. (jfe) (Entered: 09/10/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 92 of 144 09/10/2009 512 LETTER addressed to Office of the Clerk from Dr. Peter Hanser−Strecker and Michael Petry dated 9/1/2009 re: Our name is Dr. Peter Hanser−Strecker (managing director and shareholder of Schott Music GmbH &Co. KG) and Michael Petry (managing director of the SCHOTT MUSIC GmbH &Co. KG). Schott Music GmbH &Co. KG is a music book publisher located in Mainz, Germany. SCHOTT MUSIC GmbH KG is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi) (Entered: 09/11/2009) 09/10/2009 513 LETTER addressed to J. Michael McMahon from Susan J. Gordon dated 8/30/2009 re: I am a professional book author and freelance magazine/newspaper writer objecting to the Google Book Settlement because it is not fair or good for writers or most publishers. Google gets to write copyright law, has no restrictions its use of reader information, and provides no language forbidding censorship. I also find the premise that I am "in" (that is, accepting of the entire settlement agreement) unless I "opt out" to be unfair and outrageous. (jmi) (Entered: 09/11/2009) 09/10/2009 514 LETTER addressed to Judge Denny Chin from Paul N. Courant dated 9/4/2009 re: I, hereby, request this court's permission to submit this letter as an amicus curiae supporting final settlement approval in the above−referenced case. (jmi) (Entered: 09/11/2009) 09/10/2009 515 LETTER addressed to Office of the Clerk from Bernd Vincent Walbaum dated 9/1/2009 re: My name is Bernd Vincent Walbaum, and I am the managing director of Edition Peters GmbH resp. C. F. Peters GmbH &Co. KG, a publisher located in Frankfurt/Main, Germany. C. F. Peters is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. (jmi) (Entered: 09/11/2009) 09/10/2009 516 LETTER addressed to Office of the Clerk from Bernd Vincent Walbaum dated 9/1/09 re: I am the managing direct of Edition Peters GmbH resp. C. F. Peters GmbH &Co. KG, a publisher located in Frankfurt/Main, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Bernd Vincent Walbaum.(mro) (Entered: 09/11/2009) 09/10/2009 517 LETTER addressed to Office of the Clerk from Ingwert Paulsen dated 9/2/09 re: I am the owner of the Verlag der Nation Ingwet Paulsen Jr., a book publisher located in Husum, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Ingwert Paulsen.(mro) (Entered: 09/11/2009) 09/10/2009 518 LETTER addressed to Judge Denny Chin from Sudi Shayesteh and Merrill Parra dated 9/8/09 re: We write this letter on behalf of the City University of New York Committee on student disability Issues to respectfully request that the court approve the settlement between the Authors Guild and Google in the above referenced case. Document filed by Sudi Shayesteh, Merrill Parra.(mro) (Entered: 09/11/2009) 09/10/2009 519 LETTER addressed to Judge Denny Chin from Gary Rhoades dated 9/4/09 re: The American Association of University Professors (AAUP) submits this letter in response to the proposed settlement agreement in this case. This letter is neither in opposition to nor in support of the proposed settlement agreement; instead it raises concerns about the Google Library Project and the proposed settlement agreement on behalf of the interests of college and university faculty and the public in enabling the free exchange of information. Document filed by Gary Rhoades.(mro) (Entered: 09/11/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 93 of 144 09/10/2009 520 LETTER addressed to Judge Denny Chin from Isabelle Jeuge−Maynart dated 9/3/09 re: I am a citizen of France and the legal representative (president) of Editions Larousse SAS; As a European publisher, Editions Larousse objects to the proposed settlement and strenuously urges the Court to reject it due to the significant unfair and inequitable effects that it will have on all non−US Authors and Publishers. The proposed settlement is purely and simply unacceptable from the point of view of a European publisher. Document filed by Isabelle Jeuge−Maynary.(mro) (Entered: 09/11/2009) 09/10/2009 521 LETTER addressed to Judge Denny Chin from Nathalie Jouven dated 9/3/09 re: I am a citizen of France and Legal Representative of Les Editions Hatier SNC; As a European publisher, Les Editions Hatier SNC objects to the proposed settlement and strenuously urges the Court to reject it due to the significant unfair and inequitable effects that it will have on all non−US Authors and Publishers. The proposed settlement is purely and simply unacceptable from the point of view of a European publisher. Document filed by Nathalie Jouven.(mro) (Entered: 09/11/2009) 09/10/2009 522 LETTER addressed to Judge Denny Chin from Serge Eyrolles dated 9/3/09 re: I am a citizen of France and President of the French Publishers Association, the leading association of book publishers in my country; On September 2, 2009, our Executive Committee and General Council formally authorized SNE to present objections to this Court regarding the settlement and objections are listed herein. Document filed by Serge Enyrolles.(mro) (Entered: 09/11/2009) 09/10/2009 523 LETTER addressed to Judge Denny Chin from Jesus Sanchez Garcia dated 9/3/09 re: I am a citizen of Spain and consejero−secretario del Consejo de Administacion de Grupo Editorial Bruno,SL; As a European publisher, Grupo Editorial Bruno SL objects to the proposed settlement and strenuously urges the Court to reject it due to the significant unfair and inequitable effects that it will have on all non−US Authors and Publishers. The proposed settlement is purely and simply unacceptable from the point of view of a European publisher. Document filed by Jesus Sanchez Garcia.(mro) (Entered: 09/11/2009) 09/10/2009 524 LETTER addressed to Sir Michael McMahon from Mr. E.A. van Ingen dated 9/2/09; re: We are writing in regards to the proposed settlement agreement. We like to raise concerns and objections to this settlement, listed herein. Document filed by E.A. van Ingen.(mro) (Entered: 09/11/2009) 09/10/2009 525 LETTER addressed to Office of the Clerk from Eva Swartz dated 9/2/09 re: I am the CEO of Natur &Kaltur, a book publisher located in Stockholm, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Eva Swartz.(mro) (Entered: 09/11/2009) 09/10/2009 526 LETTER addressed to Judge Denny Chin from Arnaud Nourry dated 9/3/09 re: I am a citizen of France and Chief Executive Officer of Hachette Livre SA; As a European publisher, Hachette Livre objects to the proposed settlement and strenuously urges the Court to reject it due to the significant unfair and inequitable effects that it will have on all non−US Authors and Publishers. The proposed settlement is purely and simply unacceptable from the point of view of a European publisher. Document filed by Arnaud Nourry.(mro) (Entered: 09/11/2009) 09/10/2009 527 LETTER addressed to Office of the Clerk from Vincent Montagne dated 9/4/09 re: I am chairman of Media Participations Paris, a publishing group operating in France, Belgium, and Switzerland through different subsidaries namely Dargaud, Dupuis, Le Lombard, Fleurus, Magnificat, Mame, Mango, Kana, Rustica, etc; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Vincent Montagne.(mro) (Entered: 09/11/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 94 of 144 09/10/2009 528 LETTER addressed to Office of the Clerk from Bjorn Andersson dated 8/31/09 re: I am publisher of the Historiska Media, a book publisher located in Lund, Sweden, Historika Media is a member of the settlement class embraced by the proposed settlement agreement; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Bjorn Andersson.(mro) (Entered: 09/11/2009) 09/10/2009 529 LETTER addressed to Judge Denny Chin from Ben−Ami Freier dated 9/9/09 re: This letter is being submitted to respectfully request that the Court approve the settlement between the Authors Guild and Google. We believe the proposed settlement represents a historic opportunity to increase access to a vast library of information by people with disabilities. Document filed by Ben−Ami Freier.(mro) (Entered: 09/11/2009) 09/10/2009 530 LETTER addressed to Judge Denny Chin from Alain Kouck dated 9/2/09 re: We, Editis Holding, are writing to you in regards to the proposed settlement agreement between Google, Inc and the Authors Guild and the Association of American Publishers. We would like to raise objections that arise in Europe/France from the above mentioned settlement agreement; Objections listed herein. Document filed by Alain Kouck.(mro) (Entered: 09/11/2009) 09/10/2009 531 OBJECTION AND NOTICE TO APPEAR ON BEHALF OF ABSENT CLASS MEMBER, DAVID MEININGER (jmi) (Entered: 09/11/2009) 09/10/2009 532 QUESTIA MEDIA, INC.'S AMICUS CURIAE BRIEF IN OPPOSITION TO THE SETTLEMENT AGREEMENT Questia Media, Inc. ("Questia") urges the Court not to approve the Settlement Agreement between Google, Inc. and the Plaintiffs. Among other things, the settlement calls for Google. (jmi) (Entered: 09/11/2009) 09/10/2009 533 OBJECTION OF JIRO MAKINO AND IWAO KIDOKORO TO THE PROPOSED SETTLEMENT AND TO CERTIFICATION OF THEPROPOSED SETTLEMENT CLASS AND SUB−CLASSES The Settlement Agreement contains serious defects in that it requires a decision which exceeds proper scope of jurisdiction for the case and in that it ignores the global nature of the Internet (its capacity that all of the users in the entire world can use it simultaneously). It disregards the fact that works will be distributed in the entire world, and regards the issue as a domestic issue within the U.S. Furthermore, the Settlement Agreement focuses its scope only on a legal decision as to permissibility of digitization of the subject works, and contains significant defects in that it ignores the underlying issue of existing mode of "digital data search system." It fails to acknowledge important issues of how to guarantee fairness and diversity of the search by giving priority to economy without making sufficient consideration in cultural diversity. As a result, it suffers from extreme bias of the search results. For the reasons explained above, we respectfully request that the Court to reject the Settlement Agreement or decline to certify the class with respect to Japanese or foreign authors. (jmi) (Entered: 09/11/2009) 09/10/2009 534 OBJECTIONS TO THE PROPOSED SETTLEMENT AND MEMORANDUM IN SUPPORT OF MOTION TO INTERVENE For the foregoing reasons and under the authority of Rule 24, Intervenors respectfully claim their right to intervene as of right. Additionally, Intervenors give notice of their intention to appear and speak at the October 7, 2009 fairness hearing. (jmi) (Entered: 09/11/2009) 09/11/2009 418 LETTER addressed to Office of the Clerk from Markus Hatzer dated 9/2/09 re: I am the managing director of the Studienverlag GmbH, a book publisher located in Austria; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) Modified on 9/11/2009 (mro). (Additional attachment(s) added on 9/11/2009: # 1 letter doc) (mro). (Entered: 09/10/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 95 of 144 09/11/2009 508 LETTER addressed to J. Michael McMahon from Michael Kincaid dated 8/28/2009 re: I am writing to object to the class−action Google copyright settlement. As an author potentially affected by the Settlement, a labyrinth of terms, conditions, and definitions formulated without my consultation, I object, first, to the distraction and inconvenience entailed in trying to comprehend those terms, conditions, etc.; to discern the increment of justice (if any) contained therein; and to decide on a fit response, one that does justice to my own interests. (jmi) (Entered: 09/11/2009) 09/11/2009 535 LETTER addressed to Judge Denny Chin from Jesus Sanchez Garcia dated 9/3/2009 re: Objections of EDELSA GRUPO DIDASCALIA, S.A. to Proposed Class Settlement. (jmi) (Entered: 09/11/2009) 09/11/2009 536 LETTER addressed to Office of the Clerk from Dorotea Bromberg dated 8/31/2009 re: My name is Dorotea Bromberg, and I am CEO of the Brombergs Bokforlag AB, a book publisher located in Stockholm, Sweden. Brombergs Bokforlag AB is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi) (Entered: 09/11/2009) 09/11/2009 537 LETTER addressed to Judge Denny Chin dated 9/3/2009 re: I, Serge Eyrolles, am a citizen of France and President of the French Publishers Association (Syndicat National de l'Editioni SNE), the leading association of book publishers in my country. SNE represents 530 member companies whose combined business endeavors account for the bulk of French publishing. Its missions include: advocating publishers' interests, supporting creativity by defending freedom to publish and promoting the respect of intellectual property rights, promoting and defending the fixed book price and promoting literacy. (jmi) (Entered: 09/11/2009) 09/11/2009 538 LETTER addressed to J. Michael McMahon from Mr. W.J. Sbetenhorst dated 9/2/2009 re: We, Boom uitgevers Den Haag, are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections to this Settlement. (jmi) (Entered: 09/11/2009) 09/11/2009 539 LETTER addressed to J. Michael McMahon from Racheli Edelman dated 4/9/2009 re: The scope and the details of the Google Settlement agreement were brought to our attention too late to tile an objection in court. Only today I have found out that one can also send a letter to the court in this matter and state our position. Reading the settlement agreement between Google and its American parties. (jmi) (Entered: 09/11/2009) 09/11/2009 540 LETTER addressed to Office of the Clerk from Ann Douglas dated 9/4/2009 re: As the author of 28 works of non−fiction, both for adults and for children, as well as numerous anthology contributions, I am writing to vigorously oppose the terms of the Google Books settlement. (jmi) (Entered: 09/11/2009) 09/11/2009 541 LETTER addressed to J. Michael McMahon from Dana P. Tierney dated 9/3/2009 re: Our clients are members of the publisher subclass and the purpose of this correspondence is to advise that they "opt out" of the Google Book Settlement. (jmi) (Entered: 09/11/2009) 09/11/2009 542 LETTER addressed to J. Michael McMahon from Jo Tatchell dated 9/3/2009 re: I am opting in but would like to register the following concerns: Concern about the lack of European representation on the Book Rights Registry, and the ability of the settlement to ensure comprehensive distribution of income to authors. (jmi) (Entered: 09/11/2009) 09/11/2009 543 LETTER addressed to J. Michael McMahon from Gary Mokotoff dated 9/4/2009 re: Avotaynu is a publisher of books for which the copyright owners are the authors themselves. We wish to object to the proposed settlement between Google, Inc. and various copyright owners. (jmi) (Entered: 09/11/2009) 09/11/2009 544 LETTER addressed to Judge Denny Chin from Michael W. Perry dated 9/2/2009 re: I should introduce myself. I was also one of the seven authors or their representatives who requested that the court extend the deadlines for the Google settlement by four months. (jmi) (Entered: 09/11/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 96 of 144 09/11/2009 545 LETTER addressed to J. Michael McMahon from Dr. Diane A. Hebley dated 9/3/2009 re: As a class member, I wish to support the New Zealand Society of Authors in their objection to the Proposed Settlement. (jmi) (Entered: 09/11/2009) 09/11/2009 546 LETTER addressed to J. Michael McMahon from Gary K. Hebley dated 9/3/2009 re: As a class member, I wish to support the New Zealand Society of Authors in their objection to the Proposed Settlement. (jmi) (Entered: 09/11/2009) 09/11/2009 547 OBJECTION TO CLASS ACTION SETTLEMENT AND NOTICE OF INTENT TO APPEAR OF THE UNDERSIGNED STATES REPRESENTED BY THEIR RESPECTIVE ATTORNEYS GENERAL ON BEHALF OF THEMSELVES AND REGISTERED CHARITIES WITHIN THEIR POLITICAL BOUNDARIES In closing if this Court approves the Proposed Settlement, the State Objectors suggests a modification of the proposed settlement agreement requiring the parties to include a provision in the BRR's articles of incorporation or other enabling document to comply with state unclaimed property laws in the same manner as ASCAP and BMI. This will ensure the fairest and most reasonable result for rightsholders, ensure the preservation of charitable assets and further the public purposes of the unclaimed property laws. (jmi) (Entered: 09/11/2009) 09/11/2009 548 LETTER addressed to Office of the Clerk from Annette Sabelus dated 9/2/2009 re: My name is Annette Sabelus, and I am Head of Rights Department of the Piper Verlag GmbH, a book publisher located in Munich, Germany. Piper Verlag is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi) (Entered: 09/11/2009) 09/11/2009 549 QUESTIA MEDIA, INC.'S AMICUS CURIAE BRIEF IN OPPOSITION TO THE SETTLEMENT AGREEMENT By ignoring copyright laws and by twisting this class action settlement to its own ends, Google will obtain a monopoly for the commercial exploitation of millions of orphan works. Questia asks the Court not to provide Google with an unfair advantage. The orphan works problem can be solved, but it should be solved through legislation for the benefit of all, not through a class action settlement for the benefit of one company. (jmi) (Entered: 09/11/2009) 09/11/2009 550 OBJECTION TO PROPOSED SETTLEMENT Unless both the foregoing concerns can be resolved, I respectfully request that the proposed settlement agreement be rejected by this Court. I am submitting this in my capacity as an author and a member of the Authors Guild, not in my capacity as a lawyer. (jmi) (Entered: 09/11/2009) 09/11/2009 551 LETTER addressed to Judge Denny Chin from Oliver Nora dated 9/3/2009 re: For each of the foregoing reasons, Fayard respectfully requests that this Court reject the Proposed Settlement and/or decline to certify the class with regard to non−US Rightsholders. (jmi) (Entered: 09/11/2009) 09/11/2009 552 LETTER addressed to J. Michael McMahon from Springer Uitgeverij dated 9/2/2009 re: We, Springer Uitgeverij BV, are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections to this Settlement. (jmi) (Entered: 09/11/2009) 09/11/2009 553 LETTER addressed to Judge Denny Chin from Alian Kouck dated 9/2/2009 re: We, EDITIS HOLDING, are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild (AG) and the Association of American Publishers (AAP). We would like to raise the following objections that arise in Europe/France from the above mentioned Settlement Agreement. (jmi) (Entered: 09/11/2009) 09/11/2009 554 LETTER addressed to Office of the Clerk from Eginhard Hohne dated 9/3/2009 re: we are a Hungarian publishing house having its registered office at Celldomolk, Hungary. As a major publisher in the area of educational products we are distributing about 300 different educational books up−to−date for which we are holding the US copyright. As a so called rightsholder under the Settlement Agreement we object. (jmi) (Entered: 09/11/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 97 of 144 09/11/2009 555 LETTER addressed to Judge Denny Chin from Jurgen−Matthias Springer dated 9/2/2009 re: My name is Jurgen−Matthias Springer, and I am Managing Director of the Peter Lang GmbH, a book publisher located in Frankfurt am Main, Germany. Peter Lang GmbH is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. (jmi) (Entered: 09/11/2009) 09/11/2009 556 LETTER addressed to Office of the Clerk from Dr. Joachin Kaps dated 9/2/2009 re: My name is Dr. Joachim Kaps, and I am Managing Director of TOKYOPOP GmbH, a book publisher located in Hamburg, Germany. TOKYOPOP GmbH is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi) (Entered: 09/11/2009) 09/11/2009 557 LETTER addressed to Office of the Clerk from Dr. Albrecht Weiland dated 9/3/2009 re: My name is Dr. Albrecht Weiland, and I am CEO of the Verlag Schnell &Steiner GmbH a book publisher located in Regensburg, Germany. Verlag Schnell &Steiner GmbH is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi) (Entered: 09/11/2009) 09/11/2009 558 Objection of Editions Larousse SAS to Proposed Class Settlement. For each of the foregoing reasons, Editions Larousse respectfully requests that this Court reject the Proposed Settlement and/or decline to certify the class with regard to non−US Rightsholders. (jmi) (Entered: 09/11/2009) 09/11/2009 559 LETTER addressed to Office of the Clerk from Ursula Rosengart dated 9/1/09 re: I am CEO of the GABAL Verlag, a book publisher located in Offenbach, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Ursula Rosengart.(mro) (Entered: 09/11/2009) 09/11/2009 560 LETTER addressed to Office of the Clerk from Alexander Potyka dated 9/1/09 re: I am manager of the Picus Verlag Ges. m.b.H., a book publisher located in Vienna, Austria; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Alexander Potyka.(mro) (Entered: 09/11/2009) 09/11/2009 561 LETTER addressed to Office of the Clerk from Dr. Carsten C. Hubner dated 9/2/09 re: I am managing director of the ADAC Verlad GmbH, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Carsten C. Hubner.(mro) (Entered: 09/11/2009) 09/11/2009 562 LETTER addressed to Sir from Elisabeth Zerlauth dated 9/3/09 re: We, E. DORNER GmbH, are an Austrian publishing house having its registered office at Vienna, Austria. As a major publisher in the area of educational products we are distributing about different educational up to date for which we are holding the US copyright; As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. Document filed by Elisabeth Zerlauth.(mro) (Entered: 09/11/2009) 09/11/2009 563 LETTER addressed to Mr. McMahon from Johan de Koning dated 9/3/09 re: We, Standaard Uitgeverij NV, are writing you in regards to the proposed settlement Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 98 of 144 agreement between Google, Inc and the Authors Guild, etc. We raise concerns and objections to this settlement listed herein. Document filed by Johan de Koning.(mro) (Entered: 09/11/2009) 09/11/2009 564 LETTER addressed to Office of the Clerk from Joachim Kamphausen dated 9/2/09 re: I am publisher of the J. Kamphausen Verlag &Distribution GmbH, located in Bielefeld, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Joachim Kamphausen.(mro) (Entered: 09/11/2009) 09/11/2009 565 LETTER addressed to Office of the Clerk from Michael Cramm dated 9/2/09 re: I am the contract manager of the Taschen GmbH, a book publisher located in Cologne, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Michael Cramm.(mro) (Entered: 09/11/2009) 09/11/2009 566 LETTER addressed to Office of the Clerk from Albrecht Oldenbourg dated 9/3/09 re: We are a German publishing house having its registered office at Wuerzburg, Germany; As a so called rights holder under the settlement agreement we object. Document filed by Albrecht Oldenbourg.(mro) (Entered: 09/11/2009) 09/11/2009 567 LETTER addressed to Office of the Clerk` from Regina Lindhoff and Simone Linden dated 9/2/09 re: I am the head of the public relations of Mehr Zeit fur Kinder e. V., a book publisher located in Frankfurt, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Regina Lindhoff.(mro) (Entered: 09/11/2009) 09/11/2009 568 LETTER addressed to Mr. McMahon from John C. Lorenz dated 8/30/09 re: Please accept this letter as the formal objection of the American Association of Petroleum Geologists to the Google Copyright settlement referenced above. Document filed by John C. Lorenz.(mro) (Entered: 09/11/2009) 09/11/2009 CASHIERS OFFICE REMARK on 232 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/01/2009, Receipt Number 698924. (jd) (Entered: 09/11/2009) 09/11/2009 CASHIERS OFFICE REMARK on 266 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/02/2009, Receipt Number 699011. (jd) (Entered: 09/11/2009) 09/11/2009 569 LETTER addressed to Sir or Madam from Dana P. Tierney dated 9/3/09 re: Our clients are members of the publisher subclass and the purpose of this correspondence is to advise that they "opt out" of the Google Book Settlement. Document filed by Dana P. Tierney.(mro) (Entered: 09/11/2009) 09/11/2009 570 LETTER addressed to Office of the Clerk from Paul A. Heider dated 9/2/09 re: I am Geschafsfuhrer of the Steyler Verlag and Steyler Verlagsbuchhandlung GmbH, a book publisher located in Nettetal, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Paul A. Heider.(mro) (Entered: 09/11/2009) 09/11/2009 571 LETTER addressed to Judge Denny Chin from Sara Mella dated 9/2/09 re: I am the managing director of Otava Publishing Company Ltd located in Helsinki, Finland; I write to let this Court know that our company as a copyright hold is opposed to this settlement agreement. Document filed by Sara Mella.(mro) (Entered: Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 99 of 144 09/11/2009) 09/11/2009 572 LETTER addressed to Office of the Clerk from Mie Li Doy dated 9/3/2009 re: My name is Irene Lindon and I am CEO of LES EDITIONS DE MINUIT S.A., a book publisher located in France. LES EDITIONS DE MINUIT is a member of the settlement class embraced by t e proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi) (Entered: 09/11/2009) 09/11/2009 573 LETTER addressed to Sir from Diana Kimpton dated 9/2/09 re: I am a member of the settlement class for this case and I am writing to object to the proposed settlement agreement. Document filed by Diana Kimpton.(mro) (Entered: 09/11/2009) 09/11/2009 574 LETTER addressed to Office of the Clerk from Norbert Treuheit dated 9/1/09 re: I am publisher and executive of the ars vivendi publishing house, a book publisher located in Cadolzburg, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Norbert Treuheit.(mro) (Entered: 09/11/2009) 09/11/2009 575 LETTER addressed to J. Michael McMahon from K.D. Wood dated 9/4/2009 re: Iam a New Zealand citizen and a New Zealand author, publisher; illustrator etc., with copyrights that are protected by the New Zeal d Copyright Act 1994, by any contracts under copyright protection, and by the Berne Convention for the Protection of Literary and Artistic Work. The United States does not have jurisdiction to over−ride these protections. (jmi) (Entered: 09/11/2009) 09/11/2009 576 LETTER addressed to Office of the Clerk from Teresa Cremisi dated 9/3/09 re: I am CEO of the Flammarion Group, a book publisher in France; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Teresa Cremisi.(mro) (Entered: 09/11/2009) 09/11/2009 577 LETTER addressed to Office of the Clerk from Kristin Nilsson dated 8/31/09 re: I am publisher of the Folkuniversitetets forlag, a book publisher located in Lund, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Kristin Nilsson.(mro) (Entered: 09/11/2009) 09/11/2009 578 LETTER addressed to Office of the Clerk from Helga Schreiber, ppa dated 9/3/09 re: I am publishing director of Buchverlage LangenMuller Herbig nymphenburger terra magica, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Brigitte Fleissner−Mikorey.(mro) (Entered: 09/11/2009) 09/11/2009 579 LETTER addressed to Office of the Clerk from Dr. Sven Fund dated 9/3/09; re: I am the managing director of the Walter de Gruyter GmbH &CO. KG, Sellier de Gruyter and De Gruyter Rechtswissenschaften−Verlags GmbH, a book publishers located in Berlin, Germany; I am publishing director of Buchverlage LangenMuller Herbig nymphenburger terra magica, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 100 of 144 foreign publishers and publishing associations. Document filed by Sven Fund.(mro) (Entered: 09/11/2009) 09/11/2009 580 LETTER addressed to Judge Denny Chin from Olivier Nora dated 9/3/09 re: I am a citizen of France and chief executive officer of Librairie Artheme Fayard SA; Fayard objects to the proposed settlement and strenuously urges the Court to reject it. Document filed by Olivier Nora.(mro) (Entered: 09/11/2009) 09/11/2009 581 LETTER addressed to Office of the Clerk from Kobushi Shobo dated 8/31/09 re: For the reasons listed herein, Kobushi Shobo protests the actions carried out by Google, Inc, and demands that Google, Inc. immediately cease its digitalization and release to the public of books published by Kobushi Shobo. Document filed by Kobushi Shobo.(mro) (Entered: 09/11/2009) 09/11/2009 582 LETTER addressed to Office of the Clerk from Bernhard Bucker dated 9/3/09 re: I am financial director of Suhrkamp GmbH &Co. KG, a book publisher located in Frankfurt, Germany; I am publishing director of Buchverlage LangenMuller Herbig nymphenburger terra magica, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Bernhard Bucker.(mro) (Entered: 09/11/2009) 09/11/2009 583 LETTER addressed to Sir Michael McMahon from Hans Nijenhuis, dated 9/4/09; re: We, publishing house De Bezige Bij/ Thomas Rap, based in Amsterdam, The Netherlands, are writing you in regards to the proposed settlement agreement; We raise concerns and objections to this settlement herein. Document filed by Hans Nijenhuis.(mro) (Entered: 09/11/2009) 09/11/2009 584 LETTER addressed to Office of the Clerk from Dr. Martin Wagner dated 9/3/09 re: I am legal counsel and head of the legal department of Mentor Verlag GmbH a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Martin Wagner.(mro) (Entered: 09/11/2009) 09/11/2009 585 LETTER addressed to Office of the Clerk from Dr. Martin Wagner dated 9/3/09 re: I am legal counsel and head of the legal department of Axel Juncker Verlag GmbH, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Martin Wagner.(mro) (Entered: 09/11/2009) 09/11/2009 586 LETTER addressed to Office of the Clerk from Dr. Martin Wagner dated 9/3/09 re: I am legal counsel and head of the legal department of Polyglott Verlag GmbH, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Martin Wagner.(mro) (Entered: 09/11/2009) 09/11/2009 587 LETTER addressed to Office of the Clerk from Tatjana Sepin dated 9/1/09 re: I am manager rights and permissions of S. Karger AG, a book publisher located in Basel, Switzerland; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Tatjana Sepin.(mro) (Entered: 09/11/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 101 of 144 09/11/2009 588 LETTER addressed to Sir from Ulrike Jurgens dated 9/3/09 re: We are a German publishing house having its registered office at Braunschweig Germany; As a so called rights holder under the settlement agreement we object. Document filed by Ulrike Jurgens.(mro) (Entered: 09/11/2009) 09/11/2009 589 LETTER addressed to Office of the Clerk, from Eginhard Hohne dated 9/3/09 re: We are a Hungarian publishing house having its registered office of Budapest, Hungary; As a so called rights holder under the settlement agreement we object. Document filed by Eginhard Hohne.(mro) (Entered: 09/11/2009) 09/11/2009 590 LETTER addressed to Office of the Clerk dated 9/3/09 re: We are a Polish publishing house having its registered office at Lodz, Poland. As a major publisher in the area of educational products we are distributing about 400 different educational books up to date for which we are holding the US copyright. As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. Document filed by Eginhard Hohne.(mro) (Entered: 09/11/2009) 09/11/2009 591 LETTER addressed to Sir, from Bernd Tofflinger dated 9/3/09 re: We are a German publishing house having its registered office at Braunschweig, Germany. As a major publisher in the area of educational products we are distributing about 300 different educational books up to date for which we are holding the US copyright. As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. Document filed by Bernd Tofflinger.(mro) (Entered: 09/11/2009) 09/11/2009 592 LETTER addressed to Sir Michael McMahon dated 9/3/09 re: We, Sanoma Uitgevers BV, are writing in regards to the proposed settlement; We raise concerns and objections to this settlement herein. Document filed by Henk Scheenstra.(mro) (Entered: 09/11/2009) 09/11/2009 593 LETTER addressed to Office of the Clerk from Antoine Gallimard dated 9/3/09 re: I am chairman and chief executive officer of the Edition Gallimard, SA, a book publisher located in France; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Antoine Gallimard.(mro) (Entered: 09/11/2009) 09/11/2009 594 LETTER addressed to Office of the Clerk from Claude Portmann dated 9/3/0* re: I am owner and manager of the C.F. Portmann Verlag and Edition Hua book published located in Erlenbach, Switzerland; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Claude Portmann.(mro) (Entered: 09/11/2009) 09/11/2009 595 LETTER addressed to Office of the Clerk from Michael Schweins dated 9/2/09 re: I am the president of the Ars Edition GmbH, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Michael Schweins.(mro) (Entered: 09/11/2009) 09/11/2009 596 LETTER addressed to Office of the Clerk from Robert Dimbleby dated 9/3/09 re: I am the publishing manager of Hogrefe Publishing GmbH, a book publisher located in Gottingen, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Robert Dimbleby.(mro) (Entered: 09/11/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 102 of 144 09/11/2009 597 LETTER addressed to Office of the Clerk from Dr. Michael Vogtmeier dated 9/2/09 re: I am publishing director of the Hogrefe Berlag Gmbh &Co. KG, a book publisher located in Gottingen, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Michael Vogtmeier.(mro) (Entered: 09/11/2009) 09/11/2009 598 LETTER addressed to Office of the Clerk from Dr. Martin Wagner dated 9/3/09 re: I am legal counsel of Langescheidt ELT GmbH, a book publisher in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Martin Wagner.(mro) (Entered: 09/11/2009) 09/11/2009 599 LETTER addressed to Office of the Clerk from Klaas Jarchow dated 9/1/09 re: I am publisher of the Murman Verlag, a book publisher located in Hamburg, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Klaas Jarchow.(mro) (Entered: 09/11/2009) 09/11/2009 600 LETTER addressed to Sir Michael McMahon from Mr. E.A. van Ingen dated 9/2/09 re: We, Publishing House Nelissen are writing to you in regards to the proposed settlement agreement; We would like to raise concerns and objections to this settlement listed herein. Document filed by E.A. van Ingen.(mro) (Entered: 09/11/2009) 09/11/2009 601 LETTER addressed to Whom it may concern from Stephen Cox dated 9/3/09 re: I would like to formally make an objection to the action to Google.com violating my book copyrights by way of creating a book database including my materials without my permission. Document filed by Stephen Cox.(mro) (Entered: 09/11/2009) 09/11/2009 602 LETTER addressed to Office of the Clerk from Francis Esmenard dated 9/4/09 re: I am the CEO of Albin Michel Group, a book publisher located in France; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Francis Esmenard.(mro) (Entered: 09/11/2009) 09/11/2009 603 NOTICE OF APPEARANCE by William Irwin Kohn on behalf of Canadian Standard Association (Kohn, William) (Entered: 09/11/2009) 09/11/2009 604 LETTER addressed to Judge Denny Chin from Nathalie Jouven dated 9/3/09 re: I am a citizen of France and Chief Executive Officer of Dunod Editeur SA; Dunod objects to the proposed settlement. Document filed by Nathalie Jouven.(mro) (Entered: 09/11/2009) 09/11/2009 605 LETTER addressed to Judge Denny Chin from Jennifer B. Coplan dated 9/8/09 re: Enclosed please find a courtesy copy of the Amicus Curiar Brief of Sony Electronics. in support of proposed Google Book Search settlement, which was electronically filed earlier today. (mro) (Entered: 09/11/2009) 09/11/2009 606 LETTER addressed to Office of the Clerk from Oskar Klan dated 9/3/09 re: I am editor in chief of the Schwaneberger Verlag GmbH, a book publisher in Unterschleibheim, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 103 of 144 group of foreign publishers and publishing associations. Document filed by Oskar Klan.(mro) (Entered: 09/11/2009) 09/11/2009 607 LETTER addressed to Office of the Clerk from Axel Schonberger dated 9/2/09 re: I am the owner of the Axel Schonberger Verlag located in Frankfurt, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Axel Schonberger.(mro) (Entered: 09/11/2009) 09/11/2009 608 LETTER addressed to Office of the Clerk from Axel Schonberger dated 9/2/09 re: I am chief executive officer of the Valentia GmbH located in Frankfurt, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Axel Schonberger.(mro) (Entered: 09/11/2009) 09/11/2009 609 LETTER addressed to Office of the Clerk from Ingwert Paulsen dated 9/2/09 re: I am the owner of the Hamburger Lesehefte Verlag, Inh located in Husum, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Ingwert Paulsen.(mro) (Entered: 09/11/2009) 09/11/2009 610 LETTER addressed to Office of the Clerk from Ingwert Paulsen dated 9/2/09 re: I am the owner of the Mattheisen Verlag Ingwert Paulsen, located in Husum, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Ingwert Paulsen.(mro) (Entered: 09/11/2009) 09/11/2009 611 LETTER addressed to Office of the Clerk from Albrecht Koschutzke dated 9/3/09 re: I am the CEO of the Verlag J. H. W. Dietz Nachf GmbH, located in Bonn, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Albrecht Koschutzke.(mro) (Entered: 09/11/2009) 09/11/2009 612 LETTER addressed to Judge Denny Chin from Mr. Thijs VerLoren van Themaat dated 9/2/2009 re: We, Verloren Publisher from Hilversum, The Netherlands, are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections to this Settlement. (jmi) (Entered: 09/14/2009) 09/11/2009 613 LETTER addressed to Judge Denny Chin from Neckar−Verlag dated 9/3/2009 re: We are a German publishing house having its registered office at Villingen−Schwenningen, Germany. As a major publisher in the area of educational and other products we are distributing about 300 different books (150 educational up−to−date for which we are holding the US copyright. As a so called rightsholder under the Settlement Agreement we object to the proposed settlement agreement between Google Inc., and the Authors Guild and the Association of American Publishers (the "Settlement Agreement"). (jmi) (Entered: 09/14/2009) 09/11/2009 614 LETTER addressed to Judge Denny Chin from Bardo Jensch dated 9/1/2009 re: My name is Mr. Bardo Jensch, and I am officer with procuration of the Schwabenverlag Aktiengesellschaft, a book publisher located in Ostfildern Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 104 of 144 (Germany). Schwabenverlag Aktiengesell chaft is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi) (Entered: 09/14/2009) 09/11/2009 615 LETTER addressed to Office of the Clerk from Liana Levi dated 9/3/09 re: I am the Manager and Editor in Chief of the Editions Liana Levi, a book publisher located in France. We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by the French Publishers Association (Syndicat National de L'Edition/SNE), for the reasons presented to this Court by this entity. (tro) (Entered: 09/14/2009) 09/11/2009 616 LETTER addressed to Judge Denny Chin from Hans A. Baensch dated 9/2/2009 re: My name is Han −Albrecht Baensch, and I am the owner and Manager of Mergus Verlag GmbH (publisher), Im Wiele 27, 49328 Melle, Germany. Mergus Verlag GmbH is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. Copyright laws. We wright to object to the Settlement Agreement. (jmi) (Entered: 09/14/2009) 09/11/2009 617 LETTER addressed to Judge Denny Chin from Vivian Vande Velde dated 9/1/2009 re: I am writing to express my displeasure with everything about the handling of the Google Settlement. (jmi) (Entered: 09/14/2009) 09/11/2009 618 LETTER addressed to Judge Denny Chin from Annette Sievers dated 9/2/2009 re: My name is Annette Sievers, and I am managing director of the pmv Peter Meyer Verlag, a book publisher located in Frankfurt am Main. pmv Peter Meyer Verlag is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the Settlement Agreement), because it own rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi) (Entered: 09/14/2009) 09/11/2009 619 LETTER addressed to Judge Denny Chin from Norbert Froitzheim dated 9/2/2009 re: My name is Norbert Froitzheim and I am member of the executive board of the Deutscher Arzte−Verlag G3mbH, a book publisher located in Cologne, Germany. The Deutscher Arzte−Verlag GmbH is a member of the settlement class embraced by the propose settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. (jmi) (Entered: 09/14/2009) 09/11/2009 620 LETTER addressed to J. Michael McMahon from Andrzei Karpowicz dated 9/3/2009 re: Acting on behalf of the author, Mr Waldemar Lysiak I hereby inform you that my Client does not consent to have his books covered by the provisions of the settlement, regarding the Google Book Search software. This concerns in particular, but without limitations, the following titles published by various publishers in Poland and USA. (jmi) (Entered: 09/14/2009) 09/11/2009 621 LETTER addressed to J. Michael McMahon from Stephen Nachmanovitch dated 9/3/2009 re: Digitizing the contents of the great libraries of the world − for both the functions of backup and accessibility − is an exciting project. (jmi) (Entered: 09/14/2009) 09/11/2009 622 LETTER addressed to J. Michael McMahon from G. Emil Ward dated 9/4/2009 re: I am the copyrights holder for: Massachusetts Landlord−Tenant Practice: Law and Forms, formerly published by Lexis−Nexis. The copyright was assigned back to me by that publisher approximately six years ago which assignment I sent to the Copyrights Office in recent months. (jmi) (Entered: 09/14/2009) 09/11/2009 623 LETTER addressed to J. Michael McMahon from Regina Harris Baiocchi dated 9/1/2009 re: This letter serves as my formal notification to OPT OUT of the Google Book Settlement. My OPT out request. (jmi) (Entered: 09/14/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 105 of 144 09/11/2009 624 DECLARATION of Ministerialdirigent Dr. Johannes Christian Wichard. (jmi) (Entered: 09/14/2009) 09/11/2009 625 Objection of Alex M.G. Burton to Class Settlement. (jmi) (Entered: 09/14/2009) 09/11/2009 626 BRIEF AMICI CURIAE OF LYRASIS, INC., NYLINK AND BIBLIOGRAPHICAL CENTER FOR RESEARCH ROCKY MOUNTAIN, INC. IN SUPPORT OF MODIFICATION OF PROPOSED SETTLEMENT. (jmi) (Entered: 09/14/2009) 09/11/2009 627 Objection OF AMERICAN PSYCHOLOGICAL ASSOCIATION TO PROPOSED SETTLEMENT. (jmi) (Entered: 09/14/2009) 09/11/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 309 Order on Motion to Appear Pro Hac Vice, 311 Order on Motion to Appear Pro Hac Vice, 310 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi) (Entered: 09/14/2009) 09/11/2009 628 LETTER addressed to Office of the Clerk from Georg Kessrer dated 9/2/2009 re:My name is Georg Kessler, and I am Managing Director/Publisher of the GRAFE UND UNZER Publishers, a book publisher located in Munich, Germany. GRAFE UND UNZER Publishers is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi) (Entered: 09/14/2009) 09/11/2009 631 LETTER addressed to Office of the Clerk from Kurt Stellfeld dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement. (jfe) (Entered: 09/14/2009) 09/11/2009 632 LETTER addressed to Office of the Clerk from Stefan Ruhling dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement. (jfe) (Entered: 09/14/2009) 09/11/2009 633 Objection of Takashi Yamamoto. (jfe) (Entered: 09/14/2009) 09/11/2009 634 LETTER addressed to Office of the Clerk from Gunter Berg dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe) (Entered: 09/14/2009) 09/11/2009 635 LETTER addressed to Office of the Clerk from Dr. Christine Autenrieth dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe) (Entered: 09/14/2009) 09/11/2009 636 LETTER addressed to Office of the Clerk from Ingwert Paulsen dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe) (Entered: 09/14/2009) 09/11/2009 637 LETTER addressed to Office of the Clerk from Wilmar Diepgrond dated 9/2/2009 re: Counsel writes to object to the proposed Settlement Agreement. (jfe) (Entered: 09/14/2009) 09/11/2009 638 LETTER addressed to Office of the Clerk from Jurgen Kleidt dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe) (Entered: 09/14/2009) 09/11/2009 639 LETTER addressed to Office of the Clerk from Dr. Christine Autenrieth dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe) (Entered: 09/14/2009) 09/11/2009 640 LETTER addressed to Office of the Clerk from Dieter Krause dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe) (Entered: 09/14/2009) 09/11/2009 641 LETTER addressed to Office of the Clerk from Ingwert Paulsen dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe) (Entered: 09/14/2009) 09/11/2009 642 LETTER addressed to Office of the Clerk from Dr. Katharina Eleonore Meyer dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe) (Entered: 09/14/2009) 09/11/2009 643 LETTER addressed to Office of the Clerk from Oliver Waffender dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe) (Entered: 09/14/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 106 of 144 09/11/2009 644 OBJECTION AND NOTICE TO APPEAR ON BEHALF OF ABSENT CLASS MEMBER, DAVID MEININGER. (jfe) (Entered: 09/14/2009) 09/11/2009 645 NFS'S OBJECTION TO THE PROPOSED SETTLEMENT. (jfe) (Entered: 09/14/2009) 09/11/2009 646 LETTER addressed to Office of the Clerk from Erna Paris re: Counsel writes to object to the Settlement Agreement.. (jfe) (Entered: 09/14/2009) 09/11/2009 647 DECLARATION OF LYNNE D. FINNEY, AUTHOR, COPYRIGHT OWNER, AND PUBLISHER, IN OPPOSITION TO SETTLEMENT AGREEMENT. (jfe) (Entered: 09/14/2009) 09/11/2009 648 LETTER addressed to Office of the Clerk from Ralf Frenzel dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe) (Entered: 09/14/2009) 09/11/2009 649 LETTER addressed to Sir from Jean L. Cooper dated 9/2/09 re: I am a librarian and an author, and as I have standing as a member of the author class in the Google Book Settlement; I am opposed to the Settlement for the reasons stated herein. Document filed by Jean L. Cooper.(mro) (Entered: 09/14/2009) 09/11/2009 650 LETTER addressed to Michael McMahon from Jean L. Cooper dated 9/2/2009 re: Counsel writes to oppose the Settlement Agreement. (jfe) (Entered: 09/14/2009) 09/11/2009 651 LETTER addressed to Office of the Clerk from Kazufumi Watanabe dated 9/3/09 re: We strongly reject the action carried out by Google, as it infringes upon the publication and sale of books based upon contracts signed between the author (copyright holder) and the publishing company. Document filed by Kazufumi Watanabe.(mro) (Entered: 09/14/2009) 09/11/2009 652 LETTER addressed to Office of the Clerk from Mitchell Allen dated 9/4/09 re: I am writing as president, publisher, and owner of Left Coast Press, Inc., a scholarly for profit publishing house of humanities and social sciences based on the San Francisco Bay Aread, and on behalf of authors we publish; We wish to express our objections to the settlement before settlement administrator here and hope you reject the settlement terms. Document filed by Mitchell Allen.(mro) (Entered: 09/14/2009) 09/11/2009 653 LETTER addressed to Judge Denny Chin from Jesus Sanchez Garcia dated 9/3/09 re: For the reasons herein, Edelsa Grupo Didascalia respectfully requests that this Court reject the proposed settlement and/or decline to certify the class with regard to non−US rights holders. Document filed by Jesus Sanchez Garcia.(mro) (Entered: 09/14/2009) 09/11/2009 654 LETTER addressed to Sir from Dr. Comelia Heering dated 9/3/09 re: We are a German publishing house having its registered office at Essen, Germany; As a so called rights holder under the settlement agreement we object. Document filed by Comelia Heering.(mro) (Entered: 09/14/2009) 09/11/2009 655 LETTER addressed to Sir from Dr. Comelia Heering dated 9/3/09 re: We are a German publishing house having its registered office at Braunschweig, Germany; As a so called rights holder under the settlement agreement we object. Document filed by Comelia Heering.(mro) (Entered: 09/14/2009) 09/11/2009 656 LETTER addressed to Office of the Clerk from Karin Schmidt−Friderichs dated 9/2/09 re: We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Karin Schmidt−Friderichs.(mro) (Entered: 09/14/2009) 09/11/2009 658 LETTER addressed to Office of the Clerk from Dr. Felix Breidenstein dated 9/1/09 re: I am the executive director of the German Bible Society; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 107 of 144 associations. Document filed by Felix Breidenstein.(mro) (Entered: 09/14/2009) 09/11/2009 660 LETTER Brief from Mumia Abu−Tamal re: Objection to the pending settlement. Document filed by Mumia Abu−Tamal.(mro) (Entered: 09/14/2009) 09/11/2009 661 LETTER addressed to Judge Denny Chin from Antonio dated 9/8/09 re: We would like to join in the objections against the settlement presented by the Associazione Italiana Editori. Document filed by Federacion de Gremios de Editores de Espana.(mro) (Entered: 09/14/2009) 09/11/2009 662 LETTER addressed to Sir from Dr. Comelia Heering dated 9/3/09 re: As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. Document filed by Comelia Heering.(mro) (Entered: 09/14/2009) 09/11/2009 663 LETTER addressed to Sir from Dr. Comelia Heering dated 9/3/09 re: As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. Document filed by Comelia Heering.(mro) (Entered: 09/14/2009) 09/11/2009 664 LETTER addressed to Mr. McMahon from Robert K. Massie dated 9/8/09 re: I am sending you this copy of a letter I sent last week to the Google Book Search Committee Settlement Administration which has so far not permitted me to opt put of the settlement as I wish to do and as I first told them in April. (mro) (Entered: 09/14/2009) 09/11/2009 665 LETTER addressed to Judge Denny Chin from Salley Shannon dated 9/4/09 re: Writes to object to the proposed settlement agreement. Document filed by Salley Shannon.(mro) (Entered: 09/14/2009) 09/11/2009 666 LETTER addressed to Sir/Madam from Minoru Ito dated 9/3/09 re: We write to express our rejection to the settlement and request to opt out of the settlement. Document filed by Minoru Ito.(mro) (Entered: 09/14/2009) 09/11/2009 667 LETTER addressed to Office of the Clerk from Rose Teo dated 9/4/09 re: As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. Document filed by Rose Teo.(mro) (Entered: 09/14/2009) 09/11/2009 668 LETTER addressed to Sir Michael McMahon from Aime Van Hecke dated 9/2/09 re: We raise concerns and objections to this settlement listed herein. Document filed by Aime Van Hecke.(mro) (Entered: 09/14/2009) 09/11/2009 669 LETTER addressed to Judge Denny Chin from Giles Sandeman−Allen dated 9/4/09 re: If the settlement is agreed in principle, I am writing to request for an amendment in the determination of "in print". Document filed by Giles Sandeman−Allen.(mro) (Entered: 09/14/2009) 09/11/2009 670 LETTER addressed to Sir from Stephanie Golden dated 9/5/09 re: Im writing to object to the Google settlement in its correct form. Document filed by Stephanie Golden.(mro) (Entered: 09/14/2009) 09/11/2009 671 LETTER addressed to Judge Denny Chin from Arnaud Nourry dated 9/3/09 re: For the reasons herein, Hachette UK respecfully requests that this Court reject the proposed settlement and/or decline to certify the class with regard to non−US rights holders. Document filed by Arnaud Nourry.(mro) (Entered: 09/14/2009) 09/11/2009 672 LETTER addressed to Judge Denny Chin from Isabelle Magnac dated 9/3/09 re: For the reasons herein, Salvat respecfully requests that this Court reject the proposed settlement and/or decline to certify the class with regard to non−US rights holders. Document filed by Isabelle Magnac.(mro) (Entered: 09/14/2009) 09/11/2009 673 LETTER addressed to Mr. McMahon from Barbara Helen Else re: Counsel writes to object to the proposed settlement as a class member. (jfe) (Entered: 09/14/2009) 09/11/2009 674 LETTER from Donica Bettanin re: It appears to us that there needs to be serious thought given to the administrative demands and possible problems of the settlement for rights holders outside the USA. (mro) (Entered: 09/14/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 108 of 144 09/11/2009 675 LETTER addressed to Mr. McMahon from Marie Langley dated 3/9/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe) (Entered: 09/14/2009) 09/11/2009 676 LETTER addressed to The Court from Jesse Rutherford dated 9/3/09 re: For the reasons herein, I respectfully request that this Court reject the proposed settlement and/or decline to certify the class with regard to non−US rights holders. Document filed by Jesse Rutherford.(mro) (Entered: 09/14/2009) 09/11/2009 677 LETTER addressed to Office of the Clerk from Marianne Rubelmann dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement. (jfe) (Entered: 09/14/2009) 09/11/2009 678 LETTER addressed to Clerk Michael McMahon from John Mouldin dated 8/31/09 re: If you respect the actions listed herein, you can take on my behalf: make sure my comments and objections are heard by Court. Document filed by John Mouldin.(mro) (Entered: 09/14/2009) 09/11/2009 679 LETTER addressed to Mr. McMahon from Chris Else dated 9/3/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe) (Entered: 09/14/2009) 09/11/2009 680 LETTER addressed to Mr. McMahon from Jeanetter Wilson dated 9/3/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe) (Entered: 09/14/2009) 09/11/2009 681 LETTER addressed to Settlement Administrator dated 9/2/09 re: SATV is opting out of the settlement in Authors Guild, Inc. et al. Document filed by Frank P. Scibilia.(mro) (Entered: 09/14/2009) 09/11/2009 682 LETTER addressed to Judge Denny Chin from Olswang LLP dated 9/8/2009 re: Counsel respectfully request the Court's permission to file this letter as an amicus curiae brief to address certain concerns of UK authors who have not opted−out of the proposed settlement agreement in this proceeding. (jfe) (Entered: 09/14/2009) 09/11/2009 683 LETTER addressed to Judge Denny Chin from Alain Kouck dated 9/2/09 re: We would like to raise objections to the settlement agreement listed herein. Document filed by Alain Kouck.(mro) (Entered: 09/14/2009) 09/11/2009 684 LETTER addressed to Mr. McMahon from Kim Griggs dated 9/4/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe) (Entered: 09/14/2009) 09/11/2009 685 LETTER addressed to Judge Denny Chin from Holly K. Towle dated 8/31/2009 re: Counsel writes to object to the Google Book Settlement.(jfe) (Entered: 09/14/2009) 09/11/2009 686 LETTER addressed to Office of the Clerk from Dirk Sieben dated 9/2/09 re: We write to object to the proposed settlement agreement. Document filed by Dirk Sieben.(mro) (Entered: 09/14/2009) 09/11/2009 687 LETTER addressed to Judge Denny Chin from Olivier Nora dated 9/3/2009 re: Counsel writes to object to the Proposed Settlement Agreement. (jfe) (Entered: 09/14/2009) 09/11/2009 688 LETTER addressed to Office of the Clerk from Klaus Humann dated 9/2/09 re: We write to object to the settlement agreement. Document filed by Klaus Humann.(mro) (Entered: 09/14/2009) 09/11/2009 689 AFFIRMATION OF SERVICE of Mika Hasegawa re: 464 Objection (non−motion). (jfe) (Entered: 09/14/2009) 09/11/2009 690 LETTER addressed to Office of the Clerk from Professor Barbara Scheuch−Voetterle dated 9/2/09 re: We write to object to the settlement agreement. Document filed by Barbara Scheuch−Voetterle.(mro) (Entered: 09/14/2009) 09/11/2009 691 AFFIRMATION OF SERVICE of Junji Suzuki re: 467 Objection (non−motion), Objection (non−motion). (jfe) (Entered: 09/14/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 109 of 144 09/11/2009 692 LETTER addressed to Office of the Clerk from Dr. h.c. Karl−Peter Winters dated 9/1/09 re: We write to object to the settlement agreement. Document filed by h.c. Karl−Peter Winters.(mro) (Entered: 09/14/2009) 09/11/2009 693 LETTER addressed to Office of the Clerk from Brigitte Balke−Schmidt dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement. (jfe) (Entered: 09/14/2009) 09/11/2009 694 LETTER addressed to Mr. McMahon from Vibeke Viteri−Loohuis dated 9/2/09 re: We hope that the court will seriously consider the objections and remarks made herein. Document filed by Vibeke Viteri−Loohuis.(mro) (Entered: 09/14/2009) 09/11/2009 695 LETTER addressed to Office of the Clerk from Brigitte Balke−Schmidt dated 9/2/2009 re: Counsel writes to object to the Google Book Settlement.. (jfe) (Entered: 09/14/2009) 09/11/2009 696 LETTER addressed to Office of the Clerk from Lothar Schirmer dated 9/2/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe) (Entered: 09/14/2009) 09/11/2009 697 LETTER addressed to Judge Denny Chin from Jesus Sanchez Garcia dated 9/3/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe) (Entered: 09/14/2009) 09/11/2009 698 LETTER addressed to Mr. McMahon from Tony Simpson dated 9/2/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe) (Entered: 09/14/2009) 09/14/2009 629 DECLARATION of Nicolas Georges. (jfe) (Entered: 09/14/2009) 09/14/2009 630 LETTER addressed to Office of the Clerk from Manfred Finkeldey dated 9/3/2009 re: We are German publishing house and write to object the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers for the reasons set forth within. (jfe) (Entered: 09/14/2009) 09/14/2009 657 MOTION for Kristin H. Neuman to Withdraw as Attorney Motion For Leave To Withdraw Appearance On Behalf Of The Canadian Standards Association. Document filed by Canadian Standards Association.(Neuman, Kristin) (Entered: 09/14/2009) 09/14/2009 659 AFFIDAVIT of Kristin H. Neuman in Support re: 657 MOTION for Kristin H. Neuman to Withdraw as Attorney Motion For Leave To Withdraw Appearance On Behalf Of The Canadian Standards Association.. Document filed by Canadian Standards Association. (Neuman, Kristin) (Entered: 09/14/2009) 09/14/2009 699 CERTIFICATE OF SERVICE of Motion For Leave To Withdraw Appearance served on Cindy A. Cohn, Hadley Perkins Roeltgen, J. Kate Reznick (See attatched certificate) on 9/14/09. Service was made by Mail. Document filed by Canadian Standards Association. (Neuman, Kristin) (Entered: 09/14/2009) 09/15/2009 701 LETTER addressed to Office of the Clerk from Dr. Moritz Hagenmuller dated 9/1/09 re: Moritz Hagenmuller, Managing Director of the Books on Demand GmbH, join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations that includes the Borsenverein des Deutschen Buchhandels and others, for the reasons presented to this Court by those individuals and entities. Document filed by Moritz Hagenmuller.(tro) (Entered: 09/15/2009) 09/15/2009 702 LETTER addressed to Office of the Clerk from Tobias Koerner dated 9/4/09 re: Tobias Koerner, join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations that includes as further set forth in this letter. Document filed by Tobias Koerner.(tro) (Entered: 09/15/2009) 09/15/2009 703 LETTER addressed to J. Michael McMahon from Sander van Vlerken dated 8/28/09 re: Publishing House De Geus, write to you in regards to the proposed Settlement Agreement between Google, Inc. and the Authors Guild and the Association of American Publishers. We would like to raise the concerns and objections listed herein to the Settlement. Document filed by Publishing House De Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 110 of 144 Geus.(tro) (Entered: 09/15/2009) 09/15/2009 704 LETTER addressed to Office of the Clerk from Eva Swartz dated 9/2/09 re: Eva Swartz, CEO of Natur &Kultur join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations as further set forth in this letter. Document filed by Eva Swartz.(tro) (Entered: 09/15/2009) 09/15/2009 705 STATEMENT OF OBJECTIONS TO PROPOSED SETTLEMENT dated 9/8/09. Document filed by Elizabeth Greenberg. (tro) (Entered: 09/15/2009) 09/15/2009 706 STATEMENT OF OBJECTIONS TO THE PROPOSED SETTLEMENT dated 9/7/09. Document filed by Rebecca C. Jones. (tro) (Entered: 09/15/2009) 09/15/2009 707 LETTER addressed to Office of the Clerk from Andrea Warren dated 9/7/09 re: Andrea Warren writes to object the settlement. Document filed by Andrea Warren.(tro) (Entered: 09/15/2009) 09/15/2009 708 OBJECTION TO CLASS−ACTION SETTLEMENT AND NOTICE OF INTENT TO APPEAR OF THE UNDERSIGNED STATES REPRESENTED BY THEIR RESPECTIVE ATTORNEYS GENERAL ON BEHALF OF THEMSELVES AND REGISTERED CHARITIES WITHIN THEIR POLITICAL BOUNDARIES. Document filed by The State of Missouri. (tro) (Entered: 09/15/2009) 09/15/2009 709 OBJECTION OF PROQUEST LLC TO PROPOSED SETTLEMENT. Document filed by Proquest, LLC. (tro) (Entered: 09/15/2009) 09/15/2009 710 OBJECTIONS OF WASHINGTON LEGAL FOUNDATION TO PROPOSED SETTLEMENT AND TO CERTIFICATION OF THE PROPOSED SETTLEMENT CLASS AND SUBCLASSES. Document filed by The Washington Legal Foundation. (tro) (Entered: 09/15/2009) 09/15/2009 711 NOTICE OF INTENT TO APPEAR AT FAIRNESS HEARING and STATEMENT OF OBJECTIONS TO PROPOSED SETTLEMENT. Document filed by Sarah E. Cazoneri. (tro) (Entered: 09/15/2009) 09/15/2009 712 STATEMENT OF OBJECTIONS TO PROPOSED SETTLEMENT. Document filed by Dale Henderson. (tro) (Entered: 09/15/2009) 09/15/2009 713 STATEMENT OF OBJECTIONS TO PROPOSED SETTLEMENT. Document filed by Matthew B. Cazoneri. (tro) (Entered: 09/15/2009) 09/15/2009 714 LETTER addressed to Judge Denny Chin from Donna J. Wood dated 9/11/09 re: Objections to the Proposed Settlement Agreement. Document filed by Donna J. Wood.(tro) (Entered: 09/15/2009) 09/15/2009 715 OBJECTION OF FREE SOFTWARE FOUNDATION, INC. AND KARL FOGEL TO PROPOSED SETTLEMENT. Document filed by Karl Fogel, Free Software Foundation, Inc. (tro) (Entered: 09/15/2009) 09/15/2009 717 MOTION for Edward F. Siegel to Appear Pro Hac Vice. Document filed Charles D. Weller. (mro) (Entered: 09/16/2009) 09/15/2009 718 MOTION for Lee L. Kaplan to Appear Pro Hac Vice.Document filed by Questia Media, Inc.(mro) (Entered: 09/16/2009) 09/15/2009 719 MOTION for Charles D. Ossola, Elaine Metlin and Victor S. Perlman to Appear Pro Hac Vice. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs.(mro) Modified on 9/17/2009 (mro). (Entered: 09/16/2009) 09/16/2009 716 ORDER: September 8, 2009 was the deadline by which objections and amicus curiae briefs were to be filed with the Court. In light of the volume of submissions, and the apparent public interest in the case, the following procedures shall govern the fairness hearing: By 10/2/09 the parties shall respond in writing to the filings in this case. The fairness hearing shall proceed as scheduled on 10/7/09 at 10:00 a.m. Any person who wishes to speak at the fairness hearing must submit a request to speak by sending an email to googlebookcase@nysd.uscourts.gov by 5:00 p.m. Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 111 of 144 EDT on 9/21/09. The parties shall post a copy of this order on the settlement website forthwith. Details regarding courtroom seating, press access, and an overflow room will be provided in a later order. (Signed by Judge Denny Chin on 9/16/09) (tro) (Entered: 09/16/2009) 09/17/2009 CASHIERS OFFICE REMARK on 700 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/08/2009, Receipt Number 699182. (jd) (Entered: 09/17/2009) 09/17/2009 CASHIERS OFFICE REMARK on 304 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 09/08/2009, Receipt Number 699159. (jd) (Entered: 09/17/2009) 09/18/2009 720 NOTICE of Statement of Interest. Document filed by United States of America. (Clopper, John) (Entered: 09/18/2009) 09/21/2009 721 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 719 Motion for Charles D. Ossola and Victor S. Perlman to Appear Pro Hac Vice for The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs. (Signed by Judge Denny Chin on 9/19/09) (db) (Entered: 09/21/2009) 09/21/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 721 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered: 09/21/2009) 09/21/2009 722 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 718 Motion for Lee L. Kaplan to Appear Pro Hac Vice for Questia Media, Inc. (Signed by Judge Denny Chin on 9/19/09) (db) (Entered: 09/21/2009) 09/21/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 722 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered: 09/21/2009) 09/21/2009 723 ORDER ADMITTING EDWARD F. SIEGEL PRO HAC VICE: ORDER granting 717 Motion for Edward F. Siegel to Appear Pro Hac Vice for Charles D. Weller. (Signed by Judge Denny Chin on 9/19/09) (db) (Entered: 09/21/2009) 09/21/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 723 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db) (Entered: 09/21/2009) 09/21/2009 724 MEMORANDUM ENDORSEMENT re: MOTION FOR LEAVE TO WITHDRAW APPEARANCE ON BEHALF OF THE CANADIAN STANDARDS ASSOCIATION. ORDER granting 657 Motion to Withdraw Attorney. Attorney Kristin Hackett Neuman terminated. ENDORSEMENT: Approved. SO ORDERED. (Signed by Judge Denny Chin on 9/19/09) (db) (Entered: 09/21/2009) 09/21/2009 725 LETTER addressed to Mr. McMahon from The Berne Convention for the Protection of Literary and Artistic Works dated 9/3/09 re: Objection to the Proposed Settlement. (db) (Entered: 09/21/2009) 09/21/2009 726 LETTER addressed to Mr. McMahon from Ann Mitcalfe dated 9/3/09 re: Objection to the Proposed Settlement. (db) (Entered: 09/21/2009) 09/21/2009 727 LETTER addressed to Google Settlement from Dolores Karl dated 9/1/09 re: To opt out of the Google−Authors Guild Settlement. (db) (Entered: 09/21/2009) 09/21/2009 730 MOTION for Robert J. LaRocca to Appear Pro Hac Vice. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman.(mro) (Entered: 09/22/2009) 09/21/2009 734 ORDER, that Gary Leland Reback, Esq. be admitted to the Bar of this Court pro hac vice as counsel for Amicus Curiae Open Book Alliance, upon payment of the applicable fee to the Clerk of Court. (Signed by Judge Denny Chin on 9/19/09) (pl) Modified on 9/24/2009 (pl). (Entered: 09/24/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 112 of 144 09/22/2009 728 MOTION for Hearing / Notice of Unopposed Motion of the Author Sub−Class and the Publisher Sub−Class to Adjourn October 7, 2009 Final Fairness Hearing and Schedule Status Conference. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc..(Keller, Bruce) (Entered: 09/22/2009) 09/22/2009 729 MEMORANDUM OF LAW in Support re: 728 MOTION for Hearing / Notice of Unopposed Motion of the Author Sub−Class and the Publisher Sub−Class to Adjourn October 7, 2009 Final Fairness Hearing and Schedule Status Conference.. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Keller, Bruce) (Entered: 09/22/2009) 09/22/2009 731 MOTION for Charles B. Casper to Appear Pro Hac Vice. Document filed by Microsoft Corporation.(mro) (Entered: 09/22/2009) 09/22/2009 732 MOTION for Richard Montgomery Donaldson to Appear Pro Hac Vice. Document filed by Microsoft Corporation.(mro) (Entered: 09/22/2009) 09/23/2009 CASHIERS OFFICE REMARK on 717 Motion to Appear Pro Hac Vice, 718 Motion to Appear Pro Hac Vice, 719 Motion to Appear Pro Hac Vice, in the amount of $125.00, paid on 09/15/2009, Receipt Number 700022, 700067 &700099. (jd) (Entered: 09/23/2009) 09/23/2009 733 BRIEF OF AMICUS CURIAE. Document filed by Public Knowledge.(ad) (Entered: 09/24/2009) 09/23/2009 ***Attorney Sherman Siy for Public Knowledge, Jef Pearlman for Public Knowledge added. (ad) (Entered: 09/25/2009) 09/24/2009 CASHIERS OFFICE REMARK on 730 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/21/2009, Receipt Number 700386. (jd) (Entered: 09/24/2009) 09/24/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 734 Order on Motion to Appear Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (pl) (Entered: 09/24/2009) 09/24/2009 735 ORDER, that on September 22, 2009, plaintiffs moved for an adjournment of the fairness hearing currently scheduled for October 7, 2009. Defendant Google, Inc. does not oppose the motion. Under all the circumstances, it makes no sense to conduct a hearing on the fairness and reasonableness of the current settlement agreement, as it does not appear that the currentsettlement will be the operative one. Accordingly, the Court will not proceed with the fairness hearing on October 7, 2009. The Court will, however, conduct a status conference on October 7 at 10 00 a.m. to determine how to proceed with the case as expeditiously as possible, as this case has now been pending for over four years The parties shall attend. Additional relief as set forth in this Order. (Signed by Judge Denny Chin on 9/24/09) (pl) (Entered: 09/24/2009) 09/24/2009 736 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION for Reconsideration. Document filed by The American Society of Media Photographers, Inc.. (Attachments: # 1 Exhibit Motion to Intervene, # 2 Exhibit Letter to Chambers, # 3 Text of Proposed Order Proposed Order)(Saed, Shirley) Modified on 9/25/2009 (jar). (Entered: 09/24/2009) 09/24/2009 737 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU (Certificate of Service) − MOTION for Reconsideration certificate of service. Document filed by The American Society of Media Photographers, Inc..(Saed, Shirley) Modified on 9/25/2009 (jar). (Entered: 09/24/2009) 09/24/2009 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Shirley Saed to RE−FILE Document 736 MOTION for Reconsideration.. ERROR(S): Supporting Documents must be filed individually. Use the event type Memorandum of Law found under event list Replies, Opposition, Supporting Documents. NOTE: The Motion must be correctly re−filed. (jar) (Entered: 09/25/2009) Case: 1:05-cv-08136-DC 09/24/2009 As of: 12/23/2013 06:35 PM EST 113 of 144 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Note to Attorney Shirley Saed to RE−FILE Document 737 MOTION for Reconsideration certificate of service. The Certificate of Service may be include with the Motion for Reconsideration. However, you may use the event type Certificate of Service Other found under the event list Service of Process (case name and case number must be include with Certificate before re−filing). (jar) (Entered: 09/25/2009) 09/24/2009 743 MOTION for Marc Rotenberg to Appear Pro Hac Vice. Document filed by Electronic Privacy Information Center.(mro) (Entered: 09/28/2009) 09/25/2009 738 MOTION for Reconsideration of Denial of Motion to Intervene for the Limited Purposes of Objecting to the Proposed Class Action Settlement Agreement and Preserving Right to Appeal. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr.(Saed, Shirley) (Entered: 09/25/2009) 09/25/2009 739 MEMORANDUM OF LAW in Support re: 738 MOTION for Reconsideration of Denial of Motion to Intervene for the Limited Purposes of Objecting to the Proposed Class Action Settlement Agreement and Preserving Right to Appeal.. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr. (Saed, Shirley) (Entered: 09/25/2009) 09/25/2009 740 ORDER granting 731 Motion for Charles B. Casper to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/25/09) (js) (Entered: 09/25/2009) 09/25/2009 09/25/2009 09/25/2009 09/25/2009 09/25/2009 09/25/2009 09/28/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 740 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js) (Entered: 09/25/2009) 741 ORDER granting 732 Motion for Richard Montgomery Donaldson to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/25/09) (js) (Entered: 09/25/2009) Transmission to Attorney Admissions Clerk. Transmitted re: 741 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js) (Entered: 09/25/2009) 742 ORDER granting 730 Motion for Robert J. LaRocca to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/25/09) (js) (Entered: 09/25/2009) Transmission to Attorney Admissions Clerk. Transmitted re: 742 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js) (Entered: 09/25/2009) 744 MOTION for Mark Edward Avsec to Appear Pro Hac Vice. Document filed by Canadian Standard Association.(mro) (Entered: 09/28/2009) CASHIERS OFFICE REMARK on 732 Motion to Appear Pro Hac Vice, 731 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 09/22/2009, Receipt Number 700437. (jd) (Entered: 09/28/2009) 09/28/2009 745 MOTION for Norman W. Marden to Appear Pro Hac Vice. Document filed by Commonwealth of Pennsylvania.(mro) (Entered: 10/01/2009) 09/29/2009 CASHIERS OFFICE REMARK on 743 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/24/2009, Receipt Number 700552. (jd) (Entered: 09/29/2009) 09/29/2009 CASHIERS OFFICE REMARK on 744 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/25/2009, Receipt Number 701530. (jd) (Entered: 09/29/2009) 10/01/2009 CASHIERS OFFICE REMARK on 745 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/28/2009, Receipt Number 701643. (jd) (Entered: 10/01/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 114 of 144 10/01/2009 746 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, that Marc Rotenberg is admitted to practice pro hac vice as counsel for EPIC. (Signed by Judge Denny Chin on 10/1/09) (pl) (Entered: 10/01/2009) 10/01/2009 747 ORDER, granting 744 Motion for Mark E. Avsec, Esq. to Appear Pro Hac Vice be admitted to the Bar of this court pro hac vice as counsel for Canadian Standards Association, upon payment of the pro hac vice fee to the Clerk of the Court. (Signed by Judge Denny Chin on 10/1/09) (pl) (Entered: 10/01/2009) 10/02/2009 748 NOTICE of of Objection. Document filed by Electronic Privacy Information Center. (Rotenberg, Marc) (Entered: 10/02/2009) 10/06/2009 749 FILING ERROR − ELECTRONIC FILING FOR NON−ECF DOCUMENT (LETTER) − TRANSCRIPT REQUEST Court Reporter Request for proceedings held on Oct. 7, 2009 before Judge Denny Chin. Document filed by Darlene Marshall.(Weiss, Matthew) Modified on 10/8/2009 (jar). (Entered: 10/06/2009) 10/06/2009 750 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION for Writ of Mandamus as to Judge Denny Chin. Document filed by Darlene Marshall.(Weiss, Matthew) Modified on 10/8/2009 (jar). (Entered: 10/06/2009) 10/06/2009 751 ORDER: The Court has received the following requests regarding the status conference scheduled for October 7, 2009, at 10 a.m. in this case: 1. To have a court reporter present at the status conference; and 2. To audio or video record the status conference. The first request is granted; it was always the Court's intention to have a court reporter present to transcribe the conference. The second request is denied; the Court will not permit audio or video recording of the proceeding. (Signed by Judge Denny Chin on 10/6/2009) (rw) (Entered: 10/06/2009) 10/06/2009 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 749 HAS BEEN REJECTED. Note to Attorney Matthew Weiss : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (jar) (Entered: 10/08/2009) 10/06/2009 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Matthew Weiss to RE−FILE Document 750 MOTION for Writ of Mandamus as to Judge Denny Chin. ERROR(S): Case number missing from document. (jar) (Entered: 10/08/2009) 10/07/2009 752 NOTICE OF APPEAL from 428 Order,,. Document filed by The American Society of Media Photographers, Inc., Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr. Filing fee $ 455.00, receipt number E 702434. (nd) (Entered: 10/07/2009) 10/07/2009 Transmission of Notice of Appeal to the District Judge re: 752 Notice of Appeal,. (nd) (Entered: 10/07/2009) 10/07/2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 752 Notice of Appeal,. (nd) (Entered: 10/07/2009) 10/08/2009 753 MANDATE of USCA (Certified Copy) USCA Case Number 09−41420−op. IT IS HEREBY ORDERED that the Petitioner's Emergency Petition for Writ of Mandamus is DENIED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 10/6/2009. (nd) (Entered: 10/08/2009) 10/08/2009 754 ENDORSED LETTER addressed to Judge Denny Chin from Michael J. Boni dated 10/5/09 re: Plaintiffs request that the Court deny the ASMP movants' motion for reconsideration. ENDORSEMENT: The Clerk of the Court shall accept this letter for filing, and the ASMP movants shall respond by 10/14/09. (Signed by Judge Denny Chin on 10/7/09) (tro) (Entered: 10/08/2009) 10/09/2009 755 ORDER granting 745 Motion for Norman W. Marden to Appear Pro Hac Vice for Commonwealth of Pennsylvania. (Signed by Judge Denny Chin on 10/8/2009) (jmi) (Entered: 10/09/2009) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 115 of 144 10/09/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 755 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi) (Entered: 10/09/2009) 10/09/2009 756 NOTICE OF APPEAL from 308 Order on Motion to Intervene. Document filed by Lewis Hyde, Harry Lewis, Nicholas Negroponte, Charles Nesson. Filing fee $ 455.00, receipt number E 702610. (nd) (Entered: 10/09/2009) 10/09/2009 Transmission of Notice of Appeal to the District Judge re: 756 Notice of Appeal. (nd) (Entered: 10/09/2009) 10/09/2009 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 756 Notice of Appeal. (nd) (Entered: 10/09/2009) 10/14/2009 757 REPLY MEMORANDUM OF LAW in Support re: 738 MOTION for Reconsideration of Denial of Motion to Intervene for the Limited Purposes of Objecting to the Proposed Class Action Settlement Agreement and Preserving Right to Appeal.. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(DeVries, Christina) (Entered: 10/14/2009) 10/14/2009 758 CERTIFICATE OF SERVICE of Reply in Support of Motion for Reconsideration served on The Authors Guild on October 14, 2009. Service was made by Mail. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr. (DeVries, Christina) (Entered: 10/14/2009) 10/16/2009 759 NOTICE OF APPEARANCE by Christina Jacqueline DeVries on behalf of The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Lou Jacobs, Jr (DeVries, Christina) (Entered: 10/16/2009) 10/16/2009 766 TRANSCRIPT of proceedings held on 10/7/09 before Judge Denny Chin. (tro) (Entered: 11/05/2009) 10/22/2009 760 NOTICE of Amended Settlement Issues. Document filed by Electronic Frontier Foundation et al.. (Rudman, Samuel) (Entered: 10/22/2009) 10/28/2009 761 FILING ERROR − DEFICIENT DOCKET ENTRY − MOTION to Withdraw. Document filed by Eric Jager, Harold Bloom, Elliot Abrams, Charlotte Allen, Phyllis Ammons, Richard Armey, Jacques Barzun, Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Jack Beerman, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez−Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David D. Friedman, David Gelernter, Gabrielle Glaser, Mary Ann Glendon, Victor Davis Hanson, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Richard Howard, Ishmael Jones, Donald Kagan, David Kuo, Michael Ledeen, Susan Lee, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Michael Perry, Norman Podhoretz, Diane Ravitch, Ralph Reed, Harriet Rubin, Sarah Ruden, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Paco Underhill, Ruth Wisse, Elizabeth Wurtzel, John Yoo, Wendy Shalit, American Society of Journalists and Authors. (Attachments: # 1 Affidavit In Support of Withdrawal)(Hall, Joseph) Modified on 10/29/2009 (jar). (Entered: 10/28/2009) 10/28/2009 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Joseph Hall to RE−FILE Document 761 MOTION to Withdraw. ERROR(S): Supporting Document must be filed individually. Use the event type Affidavit in Support found under event list Replies, Oppositions, Supporting Documents. NOTE: The Motion must be correctly re−filed. (jar) (Entered: 10/29/2009) 10/29/2009 762 MOTION to Withdraw. Document filed by Eric Jager, Harold Bloom, Elliot Abrams, Charlotte Allen, Phyllis Ammons, Richard Armey, Jacques Barzun, Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 116 of 144 Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Jack Beerman, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez−Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David D. Friedman, Gabrielle Glaser, Mary Ann Glendon, Victor Davis Hanson, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Ishmael Jones, Donald Kagan, David Kuo, Michael Ledeen, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Michael Perry, Norman Podhoretz, Diane Ravitch, Ralph Reed, Harriet Rubin, Sarah Ruden, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Ruth Wisse, Elizabeth Wurtzel, John Yoo, Wendy Shalit.(Hall, Joseph) (Entered: 10/29/2009) 10/29/2009 763 AFFIDAVIT of Joseph S. Hall in Support re: 762 MOTION to Withdraw.. Document filed by Eric Jager, Harold Bloom, Elliot Abrams, Charlotte Allen, Phyllis Ammons, Richard Armey, Jacques Barzun, Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Jack Beerman, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez−Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David Gelernter, Gabrielle Glaser, Mary Ann Glendon, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Richard Howard, Ishmael Jones, David Kuo, Michael Ledeen, Susan Lee, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Michael Perry, Norman Podhoretz, Diane Ravitch, Ralph Reed, Sarah Ruden, Peter Schweizer, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Paco Underhill, Ruth Wisse, Elizabeth Wurtzel, John Yoo, Wendy Shalit, American Society of Journalists and Authors. (Hall, Joseph) (Entered: 10/29/2009) 10/30/2009 764 MEMO ENDORSED ON MOTION FOR LEAVE TO WITHDRAW APPEARANCE. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Denny Chin on 10/30/09) (dle) (Entered: 11/02/2009) 11/04/2009 765 MEMORANDUM DECISION for the reasons set forth above, denying 738 Motion for Reconsideration. (Signed by Judge Denny Chin on 11/4/09) (cd) (Entered: 11/04/2009) 11/09/2009 767 ENDORSED LETTER addressed to Judge Denny Chin from Michael J. Boni dated 11/9/09 re: counsel for plaintiff writes on behalf of the parties, I write to advise the Court that plaintiffs expect to file their motion seeking preliminary approval of the Amended Settlement Agreement by no later than this Friday, November 13, 2009. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Denny Chin on 11/9/09) (pl) (Entered: 11/09/2009) 11/13/2009 768 MOTION to Approve / Notice of Motion for Preliminary Approval of Amended Settlement Agreement. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc..(Keller, Bruce) (Entered: 11/13/2009) 11/13/2009 769 MEMORANDUM OF LAW in Support re: 768 MOTION to Approve / Notice of Motion for Preliminary Approval of Amended Settlement Agreement.. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Keller, Bruce) (Entered: 11/13/2009) 11/13/2009 770 DECLARATION of Michael J. Boni in Support re: 768 MOTION to Approve / Notice of Motion for Preliminary Approval of Amended Settlement Agreement.. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Attachments: # 1 Exhibit 1 − Amended Settlement Agreement, # 2 Exhibit 2 − Changes made to Amended Settlement Agreement)(Keller, Bruce) (Entered: 11/13/2009) 11/16/2009 782 THIRD AMENDED COMPLAINT amending 1 Complaint, 36 Amended Complaint, 59 Second Amended Complaint, against Google Inc.Document filed by Canadian Standard Association, Association of American Publishers, Inc., Associational Plaintiffs, The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc., The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. Related document: 1 Complaint filed by Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 117 of 144 The Author's Guild, Betty Miles, Herbert Mitgang, Daniel Hoffman, 36 Amended Complaint, filed by The Author's Guild, Betty Miles, Joseph Goulden, Paul Dickson, Herbert Mitgang, Daniel Hoffman, 59 Second Amended Complaint,, filed by The Author's Guild, Joseph Goulden, Simon &Schuster, Inc., Herbert Mitgang, Associational Plaintiffs, John Wiley &Sons, Inc., Betty Miles, Paul Dickson, Association of American Publishers, Inc., Daniel Hoffman, The McGraw−Hill Companies, Inc., Pearson Education, Inc. (ae) (Entered: 12/04/2009) 11/19/2009 771 NOTICE of Withdrawal of Objection re: 297 Affirmation in Opposition to Motion,. Document filed by Songwriters Guild of America. (Fedele, John) (Entered: 11/19/2009) 11/19/2009 772 ORDER GRANTING PRELIMINARY APPROVAL OF AMENDED SETTLEMENT AGREEMENT: granting 768 Motion to Approve preliminary approval of an Amended Settlement Agreement among plaintiffs and defendant. All other provisions as set forth in this order. A final settlement/fairness hearing shall be held on February 18, 2010 at 10:00 a.m. So Ordered. (Signed by Judge Denny Chin on 11/19/09) (js) (Entered: 11/19/2009) 11/19/2009 773 STIPULATION AND ORDER FOR AMENDMENT: The Clerk of the Court is directed to docket the Third Amended Complaint as filed on the date this stipulation and order are entered on the docket, and plaintiffs shall follow up with submission of an electronic version of the amended complaint in accordance with the Court's ECF Rules and Instructions. So Ordered (Signed by Judge Denny Chin on 11/19/09) (js) (Entered: 11/19/2009) 11/19/2009 Set Deadlines/Hearings: Settlement Conference set for 2/18/2009 at 10:00 AM before Judge Denny Chin. (js) (Entered: 11/20/2009) 11/19/2009 777 MOTION for Jonathan Band to Appear Pro Hac Vice. Document filed by America Library Association, Association of College and Research Libraries and Assocation of Research Libraries.(mro) (Entered: 11/24/2009) 11/20/2009 774 MOTION for Reconsideration of Order Granting Preliminary Approval of Amended Settlement Agreement. Document filed by Amazon.com, Inc..(Wiles, Alexander) (Entered: 11/20/2009) 11/20/2009 775 MEMORANDUM OF LAW in Support re: 774 MOTION for Reconsideration of Order Granting Preliminary Approval of Amended Settlement Agreement.. Document filed by Amazon.com, Inc.. (Wiles, Alexander) (Entered: 11/20/2009) 11/24/2009 776 ORDER granting 266 Motion for John B. Morris, Jr. to Appear Pro Hac Vice for Amicus Curaie. (Signed by Judge Denny Chin on 11/23/2009) (jmi) (Entered: 11/24/2009) 11/24/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 776 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi) (Entered: 11/24/2009) 11/25/2009 778 ENDORSED LETTER addressed to Judge Denny Chin from John D. Clopper dated 11/24/09 re: Counsel requests that the Court clarify the Government's deadline for submitting a statement regarding the amended settlement agreement in this action as 2/4/2010. ENDORSEMENT: SO ORDERED. (Signed by Judge Denny Chin on 11/25/09) (tro) (Entered: 11/30/2009) 12/01/2009 779 MEMORANDUM DECISION denying 774 Motion for Reconsideration. Amazon's motion for reconsideration is denied. Amazon may set forth its arguments in its objections to the proposed settlement in conjunction with the final settlement approval process. Amazon also requests that the Court amend its preliminary approval order with regard to the mechanism by which objectors may submit objections to the proposed settlement. The order provides that objectors may now object only to amended terms of the settlement agreement, and that the time for objecting to the original settlement terms has passed. The Court will consider objections to the amended settlement in conjunction with previously−submitted objections to the original settlement. Amazon asks that, instead, objectors be permitted to withdraw their previous objections and to submit superseding objections that relate to both the original and the amended settlement Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 118 of 144 terms. This request is denied, but to the extent that objectors find it necessary to refer to their prior objections now to present "cohesive and accurate filings," they may do so. (Signed by Judge Denny Chin on 12/1/09) (tro) (Entered: 12/02/2009) 12/01/2009 780 AMENDED NOTICE OF APPEAL re: 752 Notice of Appeal, 765 Order on Motion for Reconsideration, 428 Order. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr. (nd) (Entered: 12/02/2009) 12/02/2009 Transmission of Notice of Appeal to the District Judge re: 780 Amended Notice of Appeal,. (nd) (Entered: 12/02/2009) 12/02/2009 Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 780 Amended Notice of Appeal,. (nd) (Entered: 12/02/2009) 12/03/2009 781 ORDER granting 777 Motion for Jonathan Band to Appear Pro Hac Vice for America Library Association, Association of College and Research Libraries and Assocation of Research Libraries. (Signed by Judge Denny Chin on 12/3/2009) (jmi) (Entered: 12/04/2009) 12/03/2009 Transmission to Attorney Admissions Clerk. Transmitted re: 781 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi) (Entered: 12/04/2009) 12/04/2009 CASHIERS OFFICE REMARK on 777 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/19/2009, Receipt Number 706520. (jd) (Entered: 12/04/2009) 01/26/2010 783 LETTER addressed to Judge Denny Chin from Dina Cox dated 1/19/10 re: Proposed Google Book Settlement and I am opting out, filed by Dina Cox. (cd) (Entered: 01/26/2010) 01/26/2010 784 LETTER addressed to Judge Denny Chin from Edward Lipsett dated 1/12/2010 re: By this letter, I opt out of the proposed settlement in this case. (jmi) (Entered: 01/27/2010) 01/26/2010 785 LETTER addressed to Judge Denny Chin from Luis Ortiz dated 1/11/2010 re: By this letter, I opt out of the proposed settlement in this case. (jmi) (Entered: 01/27/2010) 01/26/2010 786 LETTER addressed to Judge Denny Chin from Jonatha Ceely dated 1/19/2010 re: By this letter, I opt out of the proposed settlement in this case. (jmi) (Entered: 01/27/2010) 01/26/2010 787 LETTER addressed to Judge Denny Chin from Margaret Jane Ross dated 1/20/2010 re: By this letter, I opt out of the proposed settlement in this case. (jmi) (Entered: 01/27/2010) 01/26/2010 788 LETTER addressed to Judge Denny Chin from Margaret Jane Ross (Mr. Cooke) dated 1/19/2010 re: By this letter, I opt out of the proposed settlement in this case. (jmi) (Entered: 01/27/2010) 01/26/2010 789 LETTER addressed to Judge Denny Chin from Dina E. Cox dated 1/19/2010 re: By this letter, I opt out of the proposed settlement in this case. (jmi) (Entered: 01/27/2010) 01/26/2010 790 LETTER addressed to Judge Denny Chin from Barbara Morrison dated 1/26/2010 re: I opt out of the proposed settlement in this case. I am opting out of both the "Author Sub−Class" and the "Publisher Sub−Class", and out of the settlement in its entirely. I have written and/or published works under names including, but not limited to, the following variant spellings, forms, pen names, and/or pseudonyms: B.Morrison, Barbara Morrison. I am the owner of Cottey House Press. (mbe) (mbe). (Entered: 01/27/2010) 01/26/2010 791 LETTER addressed to Judge Denny Chin from Paul N. Courant dated 1/18/2010 re: I write to express my interest in speaking at the Fairness Hearing per your order of 19 November 2009. My interest in the case are many. I am an active scholar in Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 119 of 144 economics and public policy, and am the author of many works that are subject to the settlement. I am also the University Librarian and Dean of Libraries at the University of Michigan, and was the Provost and Executive Vice−President of the University at the time that Google began scanning the University's collections. In my role as librarian I oversee the University of Michigan Press, a significant academic publisher. As Provost and as Librarian I have been closely engages for several years with the Google scanning project, and the aspects of the settlement that have implication for participating libraries. As an active scholar and mender of the author class, as an academic administrator, and as the head of a major research library with responsibility for a university press, it is my strongly held opinion that the settlement will be of great benefit to the general public and to scholarly practice and progress. I would be most grateful for the opportunity to share these views with the Court at the Fairness Hearing.(mbe) (Entered: 01/27/2010) 01/26/2010 792 LETTER addressed to Judge Denny Chin from Antonio Ma. Avila dated 1/26/2010 re: I am the Executive Director of the Federation de Gremios de Editores de Espana. We write to object to the Amended Settlement Agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicative filings. We therefore object to the Amended Settlement Agreement by reference to the observations of Borsenverein de Deutschen Buchhandels, Syndicat National de I'edition and Associazione Italiana Editore, in its amicus curiae letter, which hereby become an integral part of our own objections as field herewith. (mbe) (Entered: 01/27/2010) 01/26/2010 796 LETTER addressed to Judge Denny Chin from Racheli Edelman dated 1/24/2010 re: I am and Israeli Publisher of Schocken Publishing house and the Hebrew Encyclopedia. We were very pleased to get the honorable court decision to exclude all books that are not being published in the US in the Canada, the UK and Australia from the Google Settlement agreement. Nevertheless we would like to make sure that all the books that were published by the following publishing houses will be removed from the Google Books sites. Therefore we will be grateful if the court will authorize Google not to put the above mentioned publishing houses titles on their books sites.(mbe) (Entered: 01/27/2010) 01/26/2010 797 LETTER addressed to Judge Denny Chin from Sandra Csillag dated 1/18/2010 re: We respectfully request the court's permission to submit this letter as an amicus curiae brief opposing approval of the Amended Settlement Agreement in the above case. Literar−Mechana therefore requests the Court to deny final approval of theAmended Settlement Agreement unless the following amendments are made.(mbe) (Entered: 01/27/2010) 01/26/2010 ***DELETED DOCUMENT. Deleted document number 793 Letter. The document was filed as a duplicate entry in this case. (djc) (Entered: 01/27/2010) 01/26/2010 ***DELETED DOCUMENT. Deleted document number 794 letter. The document was filed as a duplicate entry in this case. (djc) (Entered: 01/27/2010) 01/26/2010 ***DELETED DOCUMENT. Deleted document number 795 letter. The document was filed as a duplicate entry in this case. (djc) (Entered: 01/27/2010) 01/26/2010 ****DELETED DOCUMENT. Deleted document number 798 letter. The document was filed as a duplicate entry in this case. (djc) (Entered: 01/27/2010) 01/26/2010 812 LETTER addressed to Judge Denny Chin from Antonio Ma. Avila dated 1/26/10 re: Antonio Ma. Avila writes to object to the Amended Settlement Agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicative filings. We therefore object to the Amended Settlement Agreement by reference to the observations of Borsenverein des Deutschen Buchhandels, Syndicat National de I'edition and Associazione Italiana Editore. in its amicus curiae letter, which hereby become an integral part of our own objections as filed herewith. (pl) (Entered: 01/27/2010) 01/26/2010 813 LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Douglas Johnson and Maureen Johnson dated 1/26/10 re: I am opting out of both the "Author Sub−Class" and the "Publisher Sub−Class," and out of the settlement in its entirety. (pl) (Entered: 01/27/2010) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 120 of 144 01/27/2010 799 LETTER addressed to J. Michael McMahon from Graham Swift dated 1/14/2010 re: Google Book Settlement. Please find enclosed for your reference a copy of my letter, mailed (by UK certified airmail) on 14th January 2010 to the Google Book Search Administrator, by which I opt out of the Google Book Settlement. Please confirm your receipt and filing of this letter and enclosure. (mbe) (Entered: 01/27/2010) 01/27/2010 800 LETTER addressed to Judge Denny Chin from David R. M. Prest dated undated re: party notifies the Court that is opting out of ht proposed settlement in this case. Opting out of both the Author Sub−Class and Publisher Sub−Class and our to the settlement in its entirety. (djc) (Entered: 01/27/2010) 01/27/2010 801 LETTER addressed to the Clerk of the Court from Blaine Regan Newton dated 1/12/10 re: party notified the Court that he is opting our of the settlement in this case, both the Author sub−Class and the Publisher Sub−Class and out of the settlement in its entirety. (djc) (Entered: 01/27/2010) 01/27/2010 802 LETTER addressed to the Clerk of the Court from Vivian Kane dated 1/5/10 re: party notified the Court that she is opting our of the settlement in this case, both the Author sub−Class and the Publisher Sub−Class and out of the settlement in its entirety. (djc) (Entered: 01/27/2010) 01/27/2010 804 LETTER addressed to the Clerk of the Court from Leigh Faulkner, dated 1/12/10 re: party notified the Court that she is opting our of the settlement in this case, both the Author sub−Class and the Publisher Sub−Class and out of the settlement in its entirety. (djc) (Entered: 01/27/2010) 01/27/2010 805 LETTER addressed to the Clerk of the Court from Alisa Smith, dated 1/6/08 re: party notifies the Court that she is opting out of the settlement in this case, both the Author sub−Class and the Publisher Sub−Class and out of the settlement in its entirety. (djc) (Entered: 01/27/2010) 01/27/2010 806 LETTER addressed to the Clerk of the Court from Blaine Regan Newton dated 1/12/10 re: party notified the Court that she is opting our of the settlement in this case, both the Author sub−Class and the Publisher Sub−Class and out of the settlement in its entirety. (djc) (Entered: 01/27/2010) 01/27/2010 807 LETTER from Niyogi Books dated undated re: OBJECTIONS OF NIYOGI BOOKS, IPP CATALOGUE PUBLICATIONS, STAR PUBLICATIONS PVT. LTD., PlJ8TAK MAHAL, UNICORN BOOKS I)VT. LTD, LAXMI PUBLICATIONS PVT. LTD., PRAGUN PUBLICATION, ESS ESSPUBLICATIONS, NEW CENTURY PUBLICATION, DAYA PUBLISHING HOUSE, ARORA LAW BOOK AGENCY, DR. SAROJINI PRITAM AND AAKAR BOOKS TO THE PROPOSED REVISED SETTLEMENT AND BRIEF OF AMICI ClJRIAE,FEDERATION OF INDIAN PUBLISHERS, THE INDIANREPROGRAPHIC RIGHTS ORGANIZATION AND PROFESSOR RAVI SHANKER(djc) (Entered: 01/27/2010) 01/27/2010 808 LETTER addressed to Court from Clare Morrall dated 1/13/10 re: this is to give notice that I am opting out of the Author Sub−Class in the Google Book Settlement, and from any participation in the settlement. (djc) (Entered: 01/27/2010) 01/27/2010 809 LETTER addressed to Clerk of Court from Matthew Charles Francis dated 1/14/10 re: party notifies court that he is opting out of both the Author Sub−Class and Publisher Sub−Class and out of the settlement in its entirey. (djc) (Entered: 01/27/2010) 01/27/2010 810 LETTER addressed to Google Book Search Settlement Admin. from Heather Morrall dated undated re: party gives notice that he is opting out of the Author Sub−Class in the Google Book Settlement, and from any participation in the settlement. (djc) (Entered: 01/27/2010) 01/27/2010 811 MEMORANDUM OF LAW MEMORANDUM OF AMICUS CURIAE THE INTERNET ARCHIVE IN OPPOSITION TO AMENDED SETTLEMENT AGREEMENT. Document filed by The Internet Archive. (Boccanfuso, Anthony) (Entered: 01/27/2010) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 121 of 144 01/27/2010 814 LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Andrea Winterbottom dated 1/4/10 re: Andrea Winterbottom writes by this letter, to opt out of the proposed settlement in this case. I am opting out of both the "Author Sub−Class" and the "Publisher Sub−Class," and out of the settlement in its entirety. (pl) (Entered: 01/27/2010) 01/27/2010 815 LETTER addressed to Google Book Search Settlement Administrator from Chelsea Duke dated 1/4/10 re: Chelsea Duke writes to request that I opt out of the Google Book Settlement in respect of the following work: Title: High Heels and a Head Torch: The Essential Guide for Girls Who Backpack. I am opting out of the Author Sub−Class and am the author of the work. (pl) (Entered: 01/27/2010) 01/27/2010 816 LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from David McRae dated 1/7/10 re: By this letter, I opt out of the proposed settlement in this case. I am opting out of both the "Author Sub−Class" and the "Publisher Sub−Class" and out of the settlement in its entirety. (pl) (Entered: 01/27/2010) 01/27/2010 817 LETTER addressed to Office of the Clerk J. Michael McMahon from Diana Kimpton dated 1/10/10 re: that as a result of the within objections, I ask the court to refuse to certify the class and to reject the Amended Settlement Agreement. If the Amended Settlement goes back for renegotiation, the minimum changes required include a) limiting its scope to books published in the USA b) limiting its scope to allowing Google to scan books for search purposes only and to display snippets of strictly limited length, determined as a percentage of the whole work or insert. c) treating all in−copyright books the same so that no book that is still in copyright could be used in any way by Google without the express consent ofthe copyright holder. This would remove all the problems associated with deciding if a book is Not Commercially Available, remove the need for an unclaimed works fiduciary and give all copyright holders the protection they are entitled to under International Copyright Law. (pl) (Entered: 01/27/2010) 01/27/2010 818 LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Erika Faith Larsen dated 1/27/10 re: By this letter, I opt out of the proposed settlement in this case. I am opting out of both the"Author Sub−Class" and the "Publisher Sub−Class," and out of the settlement in its entirety. (pl) (Entered: 01/27/2010) 01/27/2010 819 LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Thomas King, Hartley Goodweather dated 1/27/10 re: By this letter, I opt out of the proposed settlement in this case. I am opting out of both the "Author Sub−Class" and the "Publisher Sub−Class" and out of the settlement in its entirety. (pl) (Entered: 01/27/2010) 01/27/2010 820 NOTICE of FILING OF OBJECTION TO AMENDED SETTLEMENT. Document filed by Hachette Livre SA, Librarie Arthme Fayard SA, Dunod Editeur SA, Les Editions Hatier SNC, Editions Larousse SAS. (Attachments: # 1 Exhibit 1)(Micheletto, Robert) (Entered: 01/27/2010) 01/27/2010 821 LETTER addressed to Google Book Search Settlement Administrator from Tony Peake dated 12/24/09 re: This is to confirm that as an author I wish to opt out of the Google settlement, which I have already done on line. In addition, I do not want my books to be digitized − and I request that any books of mine that have been digitized be removed from Google's database. (pl) (Entered: 01/27/2010) 01/27/2010 822 NOTICE of FILING OF OBJECTION TO AMENDED SETTLEMENT. Document filed by Hachette UK Limited. (Attachments: # 1 Exhibit 1)(Micheletto, Robert) (Entered: 01/27/2010) 01/27/2010 823 Objection of Amazon.com, Inc., to Proposed Amended Settlement. Document filed by Amazon.com, Inc.. (Wiles, Alexander) (Entered: 01/27/2010) 01/27/2010 824 NOTICE OF APPEARANCE by Cindy A. Cohn on behalf of Electronic Frontier Foundation et al. (Cohn, Cindy) (Entered: 01/27/2010) 01/27/2010 826 LETTER addressed to Judge Denny Chin from Jacqueline C. Hushion dated 1/27/10 re: request that the Court approve the amended Google Book Settlement as proposed. Document filed by The Canadian Publishers' Council.(dle) (Entered: Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 122 of 144 01/28/2010) 01/27/2010 ***DELETED DOCUMENT. Deleted document number 803 LETTER. The document was incorrectly filed in this case. (ae) (Entered: 03/19/2010) 01/28/2010 825 LETTER addressed to Judge Denny Chin from Simon Juden dated 1/27/10 re: request thta the Court approve the Amended Settlement Agreement. Document filed by Publisher's Association.(dle) (Entered: 01/28/2010) 01/28/2010 827 LETTER addressed to Judge Denny Chin from Magdalena Vinent dated 1/22/10 re: CEDRO requests the Court's permission to submit this letter as an amicus curiae brief opposing approval of the amended settlement agreement. Document filed by CEDRO.(dle) (Entered: 01/28/2010) 01/28/2010 828 LETTER addressed to Judge Denny Chin from Antoine Gallimard dated 1/26/10 re: objection to the amended settlement agreement. Document filed by Antoine Gallimard.(dle) (Entered: 01/28/2010) 01/28/2010 829 LETTER addressed to Judge Denny Chin from Francis Esmenard, President dated 1/26/10 re: objection to the Amended Settlement Agreement. Document filed by Editions Albin Michel.(dle) (Entered: 01/28/2010) 01/28/2010 830 LETTER addressed to Judge Denny Chin from Maree McCaskill dated 1/28/10 re: request that the Court accept and approve the Amended Settlement in the form in which it currently appears. Document filed by Australian Publishers Association.(dle) (Entered: 01/28/2010) 01/28/2010 831 LETTER addressed to Judge Denny Chin from Alain Kouck dated 1/26/10 re: objection to the Amended Settlement Agreement. Document filed by Editis Group.(dle) (Entered: 01/28/2010) 01/28/2010 832 LETTER addressed to J. Michael McMahon, Clerk of the Court from John Mauldin dated 1/18/10 re: objection to the Amended Settlement Agreement. Document filed by John Mauldin.(dle) (Entered: 01/28/2010) 01/28/2010 833 LETTER addressed to Judge Denny Chin from Irene Lindon dated 1/26/10 re: objection to the Amended Settlement Agreement. Document filed by Les Editions De Minuit S.A.(dle) (Entered: 01/28/2010) 01/28/2010 834 LETTER addressed to Judge Denny Chin from Michel Prigent dated 1/26/10 re: objection to the Amended Settlement Agreement. Document filed by Presses Universitaires de France.(dle) (Entered: 01/28/2010) 01/28/2010 835 NOTICE OF APPEARANCE by Ron Lazebnik on behalf of Science Fiction and Fantasy Writers of America, Inc., American Society of Journalists and Authors, Inc. (Lazebnik, Ron) (Entered: 01/28/2010) 01/28/2010 836 LETTER addressed to Judge Denny Chin from Serge Eyrolles dated 1/26/10 re: objection to the Amended Settlement Agreement. Document filed by French Publishers Association.(dle) (Entered: 01/28/2010) 01/28/2010 837 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Science Fiction and Fantasy Writers of America, Inc..(Lazebnik, Ron) (Entered: 01/28/2010) 01/28/2010 838 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Society of Journalists and Authors, Inc..(Lazebnik, Ron) (Entered: 01/28/2010) 01/28/2010 839 LETTER addressed to Judge Denny Chin from Ursula K. LeGuin dated 1/25/10 re: author LeGuin opts out of settlement and provides petition regarding the Google Book Settlement including 367 signatures. Document filed by Ursula K. LeGuin.(dle) (Entered: 01/28/2010) 01/28/2010 840 MEMORANDUM OF LAW SUPPLEMENTAL MEMORANDUM OF AMICUS CURIAE OPEN BOOK ALLIANCE IN OPPOSITION TO THE PROPOSED SETTLEMENT BETWEEN THE AUTHORS GUILD, INC., ASSOCIATION OFAMERICAN PUBLISHERS, INC., ET AL., AND GOOGLE INC.. Document filed by Open Book Alliance. (Boccanfuso, Anthony) (Entered: 01/28/2010) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 123 of 144 01/28/2010 841 SECOND BRIEF of Consumer Watchdog, Amicus Curiae, in Opposition to re: 768 MOTION to Approve / Notice of Motion for Preliminary Approval of Amended Settlement Agreement. Document filed by Consumer Watchdog.(Fetterman, Daniel) (Entered: 01/28/2010) 01/28/2010 842 Amicus Curiae APPEARANCE entered by John Burnett Morris, Jr on behalf of Center for Democracy &Technology.(Morris, John) (Entered: 01/28/2010) 01/28/2010 843 Objection to the Amended Proposed Settlement. Document filed by Takashi Atouda, Jiro Asada, Takeaki Hori, Shinobu Yoshioka, Kenta Yamada, Tomotsuyo Aizawa, Yu Ohara, Yasumasa Kiyohara, Takashi Tsujii, Akira Nogami, Hiroyuki Shinoda, Toshihiko Yuasa, Hidehiko Nakanishi, Yashio Uemura, Nobuo Uda, Tsukasa Yoshida. (Saito, Yasuhiro) (Entered: 01/28/2010) 01/28/2010 844 NOTICE of of Intent to Appear and Be Heard at the Fairness Hearing. Document filed by Takashi Atouda, Jiro Asada, Takeaki Hori, Shinobu Yoshioka, Kenta Yamada, Tomotsuyo Aizawa, Yu Ohara, Yasumasa Kiyohara, Takashi Tsujii, Akira Nogami, Hiroyuki Shinoda, Toshihiko Yuasa, Hidehiko Nakanishi, Yashio Uemura, Nobuo Uda, Tsukasa Yoshida. (Saito, Yasuhiro) (Entered: 01/28/2010) 01/28/2010 845 NOTICE OF APPEARANCE by Cynthia S. Arato on behalf of Carl Hanser Verlag, Lynley Hood (Arato, Cynthia) (Entered: 01/28/2010) 01/28/2010 846 NOTICE OF APPEARANCE by Cynthia S. Arato on behalf of New Zealand Society of Authors (Arato, Cynthia) (Entered: 01/28/2010) 01/28/2010 847 NOTICE OF APPEARANCE by Alexandra A. E. Shapiro on behalf of Carl Hanser Verlag, Lynley Hood, New Zealand Society of Authors (Shapiro, Alexandra) (Entered: 01/28/2010) 01/28/2010 848 MOTION to File Amicus Brief by Japan P.E.N. Club in Opposition to Amended Proposed Settlement. Document filed by Japan P.E.N. Club. (Attachments: # 1 Japan P.E.N. Club's Amicus Curiae Brief in Opposition to Amended Proposed Settlement Agreement)(Saito, Yasuhiro) (Entered: 01/28/2010) 01/28/2010 849 Objection to Amended Class Action Settlement Agreement. Document filed by Arlo Guthrie, Julia Wright, Catherine Ryan Hyde, Eugene Linden. (Attachments: # 1 Exhibit Objections of Guthrie, et al. to Proposed Settlement Agreement, # 2 Exhibit Supplemental Declaration of Catherine Ryan Hyde)(DeVore, Andrew) (Entered: 01/28/2010) 01/28/2010 850 NOTICE of Objections to Amended Class Action Settlement And Notice of Intent To Appear at the February 18, 2010 Fairness Hearing. Document filed by Darlene Marshall. (Weiss, Matthew) (Entered: 01/28/2010) 01/28/2010 851 Objection of the State of Connecticut to Amended Class−Action Settlement. Document filed by Richard Blumenthal CT Attorney General. (Becker, Gary) (Entered: 01/28/2010) 01/28/2010 852 MEMORANDUM OF LAW in Opposition to the Amended Settlement Agreement. Document filed by Federal Republic of Germany. (Max, Theodore) (Entered: 01/28/2010) 01/28/2010 853 DECLARATION of Nicolas Georges in Opposition re: 768 MOTION to Approve / Notice of Motion for Preliminary Approval of Amended Settlement Agreement.. Document filed by French Republic. (Max, Theodore) (Entered: 01/28/2010) 01/28/2010 854 LETTER addressed to Judge Denny Chin from Susan Price dated 1/27/10 re: Request that the Court refuse to certify the class and to reject the Amended Settlement Agreement. (db) (Entered: 01/28/2010) 01/28/2010 855 SUPPLEMENTAL OBJECTION OF SCOTT E. GANT TO PROPOSED SETTLEMENT, AND TOCERTIFICATION OF THE PROPOSED SETTLEMENT CLASS AND SUB−CLASSES. (db) (Entered: 01/28/2010) 01/28/2010 856 LETTER addressed to Judge Denny Chin from James Grimmelman dated 1/28/10 re: The Court should reject the Proposed Amended Settlement Agreement. (db) (Entered: 01/28/2010) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 124 of 144 01/28/2010 857 LETTER addressed to Judge Denny Chin from Dr. Robert Staats and Rainer Just, Co−Managing Directors, VG WORT dated 1/21/10 re: Request that the Court deny final approval of the Amended Settlement Agreement. (db) (Entered: 01/28/2010) 01/28/2010 858 LETTER addressed to Mr. McMahon from Marc Maurer, President, National Federation of the Blind dated 1/19/10 re: Request for the Opportunity of the National Federation of the Blind to address the court briefly at the February 18 fairness hearing. (db) (Entered: 01/28/2010) 01/28/2010 859 NOTICE of Supplemental Objections. Document filed by Charles D Weller, Dirk Sutro. (Siegel, Edward) (Entered: 01/28/2010) 01/28/2010 860 Objection re: 768 MOTION to Approve / Notice of Motion for Preliminary Approval of Amended Settlement Agreement.. Document filed by Commonwealth of Pennsylvania, Attorney General. (Marden, Norman) (Entered: 01/28/2010) 01/28/2010 861 NOTICE OF APPEARANCE by Derek Tam Ho on behalf of ATTCORP. (Ho, Derek) (Entered: 01/28/2010) 01/28/2010 862 REPLY. Document filed by Writers' Representatives LLC. (Chu, Lynn) (Entered: 01/28/2010) 01/28/2010 863 Objection to the Amended Settlement Agreement. Document filed by ATTCORP.. (Attachments: # 1 Exhibit Exhibits A−I)(Guzman, Michael) (Entered: 01/28/2010) 01/28/2010 864 MEMORANDUM OF LAW in Opposition to the Amended Settlement Agreement. Document filed by Science Fiction and Fantasy Writers of America, Inc., American Society of Journalists and Authors, Inc.. (Lazebnik, Ron) (Entered: 01/28/2010) 01/28/2010 865 DECLARATION of Ron Lazebnik. Document filed by Science Fiction and Fantasy Writers of America, Inc., American Society of Journalists and Authors, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lazebnik, Ron) (Entered: 01/28/2010) 01/28/2010 866 NOTICE of Intent to Appear. Document filed by Science Fiction and Fantasy Writers of America, Inc., American Society of Journalists and Authors, Inc.. (Lazebnik, Ron) (Entered: 01/28/2010) 01/28/2010 867 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Carl Hanser Verlag, New Zealand Society of Authors.(Arato, Cynthia) (Entered: 01/28/2010) 01/28/2010 868 Objection to the Amended Settlement Agreement. Document filed by Carl Hanser Verlag, Lynley Hood, New Zealand Society of Authors. (Arato, Cynthia) (Entered: 01/28/2010) 01/28/2010 869 DECLARATION of Pierfrancesco Attanasio in Support re: 868 Objection (non−motion). Document filed by Associazone Italiana Editori. (Arato, Cynthia) (Entered: 01/28/2010) 01/28/2010 870 DECLARATION of Stephan Joss in Support re: 868 Objection (non−motion). Document filed by Carl Hanser Verlag. (Arato, Cynthia) (Entered: 01/28/2010) 01/28/2010 871 DECLARATION of Inge Kralupper in Support re: 868 Objection (non−motion). Document filed by Hauptverband des Osterreichischen Buchhandels. (Arato, Cynthia) (Entered: 01/28/2010) 01/28/2010 872 DECLARATION of Christian Sprang in Support re: 868 Objection (non−motion). Document filed by Borsenverein des Deutschen Buchhandels. (Arato, Cynthia) (Entered: 01/28/2010) 01/28/2010 873 NOTICE OF APPEARANCE by Cynthia S. Arato on behalf of Associazone Italiana Editori (Arato, Cynthia) (Entered: 01/28/2010) 01/28/2010 874 Objection of Microsoft Corporation to Proposed Amended Settlement and Certification of Proposed Settlement Class and Sub−Classes. Document filed by Microsoft Corporation. (Rubin, Thomas) (Entered: 01/28/2010) 01/29/2010 875 LETTER addressed to Judge Denny Chin from Teresa Cremisi dated 1/26/2010 re: We therefore object to the amended settlement agreement by reference to the Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 125 of 144 observations of French Publishers Association in its amicus curiae letter, which hereby become an integral part of our own objections as filed herewith. (jpo) (Entered: 01/29/2010) 01/29/2010 876 LETTER addressed to Office of the Clerk, J. Michael McMahon from M. Le Fanu dated 1/22/2010 re: In conclusion, our Management Committee and most members who have expressed a view consider that at a time when the creative industries are struggling to find "new models" for the digital age which can satisfy both rights holders and users, the Google Book Settlement offers a reasonable and practical way forward. (jpo) (Entered: 01/29/2010) 01/29/2010 877 LETTER addressed to Office of the Clerk, J. Michael McMahon from Rodger Touchie dated 1/28/2010 re: We consider the amended Settlement to be in the best interest of the majority of our members, particularly because it allows many Canadian publishers and/or authors to opt out of the agreement, with a process for doing so that is logical and transparent. (jpo) (Entered: 01/29/2010) 01/29/2010 878 LETTER addressed to Judge Denny Chin from Franziska Eberhard dated 1/21/2010 re: ProLitteris therefore requests the Court to deny final approval of the Amended Settlement Agreement unless the following amendments are made, as set forth in this letter. (jpo) (Entered: 01/29/2010) 01/29/2010 879 NOTICE OF INTENT TO APPEAR: I, Scott E. Gant, hereby notify the Court of my intent to appear at the Fairness Hearing in the above captioned case, currently scheduled for February 18, 2010. As explained in my Objection, filed in August 2009, I will be appearing in my individual capacity, as a member of the proposed Author Sub−Class. (jpo) (Entered: 01/29/2010) 01/29/2010 880 LETTER addressed to Judge Denny Chin from John B. Morris dated 1/28/2010 re: I am writing for two purposes: to submit an amended version of our amicus brief and to request tp appear at the hearing. (jpo) (Entered: 01/29/2010) 01/29/2010 881 LETTER addressed to Judge Denny Chin from Samantha Holman dated 1/26/2010 re: Requesting that Court's permission to submit this letter as an amicus curiae brief opposing approval of the Amended Settlement Agreement in this case. (jpo) (jpo). (Entered: 01/29/2010) 01/29/2010 882 LETTER addressed to Judge Denny Chin from Christian Cherdon dated 1/22/2010 re: Requesting that the Court deny final approval of the Amended Settlement Agreement. (jpo) (Entered: 01/29/2010) 01/29/2010 883 LETTER addressed to Judge Denny Chin from Antonio Ma. Avila dated 1/26/2010 re: We therefore object to the Amended Settlement Agreement. (jpo) (Entered: 01/29/2010) 01/29/2010 884 LETTER addressed to Office of the Clerk, J. Michael McMahon from William Ash dated 1/12/2010 re: As an authors and publishers, I and my partner, Naomi Otsubo, would like to state our objections to the amended Google Book Settlement. (jpo) (Entered: 01/29/2010) 01/29/2010 885 LETTER addressed to Office of the Clerk, J. Michael McMahon from Paulina Borsook dated 1/26/2010 re: Requesting that the Court junk Google Book Settlement 2.0 in favor of something that actually benefits and respects creators, and shows vision not blinded by Google dust. (jpo) (Entered: 01/29/2010) 01/29/2010 886 LETTER addressed to Office of the Clerk, J. Michael McMahon from Donic Bettanin dated 1/22/2010 re: We wish to lodge an objection to the Amendments to the Original Google Book Settlement. (jpo) (Entered: 01/29/2010) 01/29/2010 887 LETTER addressed to Judge Denny Chin from Jennifer S. Jackson dated 1/27/2010 re: The State of Texas writes to object to the Amended Settlement Agreement. (jpo) (Entered: 01/29/2010) 01/29/2010 888 LETTER addressed to Office of the Clerk, J. Michael McMahon from Stuart Bernstein dated 1/26/2010 re: We beseech the Court to give authors back their rights. Force Google to negotiate like any other publisher. (jpo) (Entered: 01/29/2010) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 126 of 144 01/29/2010 889 LETTER addressed to William F. Cavanaugh from Joanne Merriam dated 1/25/2010 re: I write to express my views and concerns regarding how the United States should respond to the Amended Settlement Agreement filed on November 13, 2009. (jpo) (Entered: 01/29/2010) 01/29/2010 890 LETTER addressed to Judge Denny Chin from Tony Simpson dated 1/27/2010 re: Requesting the Court's permission to submit this letter as an amicus brief opposing approval of the Amended Settlement Agreement in this case. (jpo) (Entered: 01/29/2010) 01/29/2010 891 LETTER addressed to Judge Denny Chin from Kees Holierhoek dated 1/26/2010 re: Requesting the Court's permission to submit this letter as an amicus curiae brief opposing approval of the Amended Settlement Agreement. (jpo) (Entered: 01/29/2010) 01/29/2010 892 LETTER addressed to Office of the Clerk, J. Michael McMahon from Moira Munro dated 1/16/2010 re: I hope that the Court will refuse to certify the class and reject the Amended Settlement Agreement. (jpo) (Entered: 01/29/2010) 01/29/2010 893 LETTER addressed to Office of the Clerk, J. Michael McMahon from Pamela Samuelson dated 1/27/2010 re: I am writing to express my intent to appear at the Fairness Hearing for the above cited case, currently scheduled for February 18, 2010. (jpo) (Entered: 01/29/2010) 01/29/2010 894 LETTER addressed to Office of the Clerk from Martin Kahn dated 1/27/2010 re: Requesting the Court's approval to withdraw its objections, filed on September 8, 2009, pursuant to Rules 23(e)(5) of the F.R.C.P.. (jpo) (Entered: 01/29/2010) 01/29/2010 895 BRIEF OF AMICUS CURIAE PUBLIC KNOWLEDGE IN OPPOSITION TO THE AMENDED PROPOSED SETTLEMENT. Document filed by Public Knowledge.(jpo) (Entered: 01/29/2010) 02/01/2010 896 NOTICE of Intent to Appear at the Feb. 18, 2010 Fairness Hearing. Document filed by Microsoft Corporation. (Rubin, Thomas) (Entered: 02/01/2010) 02/01/2010 897 NOTICE OF APPEARANCE by Alexandra A. E. Shapiro on behalf of Associazone Italiana Editori (Shapiro, Alexandra) (Entered: 02/01/2010) 02/02/2010 898 LETTER addressed to Judge Denny Chin from Gregory Crane dated 8/7/2009 re: In support of the books Google has digitalized reach the widest possible audience as quickly as possible. (jfe) (Entered: 02/02/2010) 02/02/2010 899 LETTER addressed to Judge Denny Chin from Lewis Hyde dated 1/27/2010 re: Counsel writes to amend the letter of objection that counsel wrote last August in regard to The Authors Guild, Inc., et al. v. Google Inc. (jfe) (Entered: 02/02/2010) 02/02/2010 900 LETTER addressed to Judge Denny Chin from James L. Turk dated 1/28/2010 re: CAUT writes to you to register its objection to the proposed amended settlement agreement. (jfe) (Entered: 02/02/2010) 02/02/2010 901 OBJECTION OF WASHINGTON LEGAL FOUNDATION TO AMENDED PROPOSED SETTLEMENT AND TO CERTIFICATION OF THE PROPOSED SETTLEMENT CLASS AND SUBCLASSES. Filed by Richard A. Samp. (jfe) (Entered: 02/02/2010) 02/02/2010 902 NOTICE OF INTENT TO APPEAR filed by Science Fiction and Fantasy Writers of America, Inc., and the American Society of Journalists and Authors, Inc. (jfe) (Entered: 02/02/2010) 02/02/2010 903 LETTER addressed to Judge Denny Chin from Ron Lazebrik dated 1/28/2010 re: Counsel writes to inform that SFWA and ASJA are members of the Author Sub−Class in this action and object to the proposed amended settlement agreement. Attached herein is that Objection of Science Fiction and Fantasy Writes of America, Inc., and American Society of Journalists and Authors Inc., to the Amended Settlement Agreement. (jfe) (Entered: 02/02/2010) 02/02/2010 904 NOTICE of Intent to Appear at the February 18, 2010 Fairness Hearing. Document filed by Arlo Guthrie, Julia Wright, Catherine Ryan Hyde, Eugene Linden. (DeVore, Andrew) (Entered: 02/02/2010) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 127 of 144 02/02/2010 905 NOTICE of of Intent to Appear by Amazon.com, Inc.. Document filed by Amazon.com, Inc.. (Wiles, Alexander) (Entered: 02/02/2010) 02/02/2010 906 MOTION for Kiran Sriram Raj to Appear Pro Hac Vice. Document filed by ATTCORP.(mro) (Entered: 02/03/2010) 02/02/2010 907 MOTION for Michael Kerry Kellogg to Appear Pro Hac Vice. Document filed by ATTCORP.(mro) (Entered: 02/03/2010) 02/03/2010 908 NOTICE of INTENT TO APPEAR AT THE FEBRUARY 18, 2010 FAIRNESS HEARING. Document filed by The Internet Archive. (Boccanfuso, Anthony) (Entered: 02/03/2010) 02/03/2010 909 NOTICE of INTENT TO APPEAR AT THE FEBRUARY 18, 2010 FAIRNESS HEARING. Document filed by Open Book Alliance. (Boccanfuso, Anthony) (Entered: 02/03/2010) 02/03/2010 910 NOTICE of of Intent to Appear at Fairness Hearing. Document filed by Electronic Privacy Information Center. (Rotenberg, Marc) (Entered: 02/03/2010) 02/03/2010 911 REQUEST TO PARTICIPATE of Consumer Watchdog at the February 18, 2010 Fairness Hearing as Amicus Curiae. Document filed by Consumer Watchdog.(Fetterman, Daniel) (Entered: 02/03/2010) 02/04/2010 CASHIERS OFFICE REMARK on 906 Motion to Appear Pro Hac Vice, 907 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 02/02/2010, Receipt Number 893451. (jd) (Entered: 02/04/2010) 02/04/2010 912 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Associazone Italiana Editori.(Arato, Cynthia) (Entered: 02/04/2010) 02/04/2010 913 NOTICE of Intent to Appear. Document filed by Carl Hanser Verlag, Lynley Hood, New Zealand Society of Authors, Associazone Italiana Editori, Borsenverein des Deutschen Buchhandels, Schweizer Buchhandler − und Verleger−Verband SBVV, Hauptverband des Osterreichischen Buchhandels. (Arato, Cynthia) (Entered: 02/04/2010) 02/04/2010 914 NOTICE of Intent to Appear at the February 18, 2010 Fairness Hearing re: 851 Objection (non−motion). Document filed by Richard Blumenthal CT Attorney General. (Becker, Gary) (Entered: 02/04/2010) 02/04/2010 915 FILING ERROR − ELECTRONIC FILING FOR NON−ECF DOCUMENT − REQUEST TO PARTICIPATE of Sony Electronics at the February 18, 2010 Fairness Hearing as Amicus Curiae(LETTER). Document filed by Sony Electronics Inc..(Coplan, Jennifer) Modified on 2/5/2010 (KA). (Entered: 02/04/2010) 02/04/2010 916 NOTICE of Intent to Appear. Document filed by ATTCORP.. (Guzman, Michael) (Entered: 02/04/2010) 02/04/2010 917 NOTICE of to Appear at the Fairness Hearing. Document filed by Questia Media Inc.. (Kaplan, Lee) (Entered: 02/04/2010) 02/04/2010 918 NOTICE of Intent to Appear at the Fairness Hearing on February 18, 2010. Document filed by Federal Republic of Germany. (Max, Theodore) (Entered: 02/04/2010) 02/04/2010 919 NOTICE of Intent to Appear at the Fairness Hearing on February 18, 2010. Document filed by French Republic. (Max, Theodore) (Entered: 02/04/2010) 02/04/2010 920 LETTER addressed to Judge Denny Chin from Lateet Mtima and Steven D. Jamar dated 1/27/2010 re: The Institute of Intellectual Property and Social Justice at the Howard University School of Law respectfully requests leave to address the Court on February 18, 2010, on the Google Books Settlement Agreement. (tve) (Entered: 02/04/2010) 02/04/2010 921 LETTER addressed to Judge Denny Chin from Brett Smith dated 1/28/2010 re: The Free Software Foundation writes to urge the Court to reject the proposed settlement until the objections further set forth in this letter are addressed, Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 128 of 144 including that terms are incorporated to ensure that works covered by Free licenses are always included in the Google Books Search database under the terms of that same license. (tve) (Entered: 02/04/2010) 02/04/2010 922 NOTICE of Statement of Interest. Document filed by United States of America. (Clopper, John) (Entered: 02/04/2010) 02/04/2010 923 NOTICE of Intent to appear at Fairness Hearing on 2/18/2010. *Letter Addressed to Judge Denny Chin, From Sarah Canzoneri, dated 1/28/2010 re: Objection to the Settlement Agreement, attached hereto. Document filed by Sarah E. Cazoneri. (tro) Modified on 2/5/2010 (tro). (Entered: 02/05/2010) 02/04/2010 924 PETITION to Withdraw ProQuest LLC's Objections to the First Proposed Settlement. Document filed by Proquest, LLC. (tro) (Entered: 02/05/2010) 02/04/2010 925 SUPPLEMENTAL OBJECTION of Alex M.G. Burton re: For the reasons set forth in Mr. Burton's original and supplemental objection, this settlement should not be approved or the settlement classes certified. (tro) (Entered: 02/05/2010) 02/04/2010 926 LETTER addressed to Judge Denny Chin from Philip Roberts dated 1/29/2010 re: The John Hopkin's University's Withdrawal of Objection to Settlement Agreement and Certificate of Service. *Withdrawal of Objection to Settlement Agreement attached hereto. (tro) (Entered: 02/05/2010) 02/04/2010 927 LETTER addressed to Office of the Clerk, J. Michael McMahon from Susan Bergholz dated 1/26/2010 re: Objection to the settlement agreement. (tro) (tro). (Entered: 02/05/2010) 02/05/2010 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 915 HAS BEEN REJECTED. Note to Attorney Jennifer B. Coplan : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (KA) (Entered: 02/05/2010) 02/05/2010 928 LETTER addressed to Judge Denny Chin from Jennifer B. Coplan dated 2/4/2010 re: Requesting leave from the Court to appear at the fairness hearing scheduled for February 18, 2010. (jpo) (Entered: 02/05/2010) 02/05/2010 929 NOTICE OF INTENT TO BE HEARD: Please let it be known that Joseph V. Saphia, attorney for amicus curiae VG Wort, intends to appear and be heard at this Court's February 18, 2009 hearing. (jpo) (Entered: 02/05/2010) 02/05/2010 930 ORDER: The Hearing will be held at 500 Pearl Street, New York, New York in Courtroom 23B at 10:00 a.m. on February 18, 2010. Overflow seating will be available in Courtroom 11A, where video of the proceeding will be provided. Seats will be reserved in the Courtroom for the parties, the government, and the twenty−six above−listedobjectors, supporters, and amici. If any of the objectors, supporters, or amici listed above has not provided the name of the representative who will be speaking, it shall provide the name in writing to the Court promptly. (Signed by Judge Denny Chin on 2/5/2010) (jpo) (Entered: 02/05/2010) 02/06/2010 931 FILING ERROR − ELECTRONIC FILING FOR NON−ECF DOCUMENT − NOTICE OF APPEARANCE by Lynn T. Chu on behalf of Writers' Representatives LLC(LETTER). (Chu, Lynn) Modified on 2/8/2010 (KA). (Entered: 02/06/2010) 02/08/2010 02/08/2010 ***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 931 HAS BEEN REJECTED. Note to Attorney Lynn Chu : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (KA) (Entered: 02/08/2010) 932 ORDER; that two additional entities have also notified the Court of their desire to be heard at the fairness hearing against the proposed settlement in this case: (1) The Commonwealth of Pennsylvania; and (2) Writers' Representatives LLC and Richard A. Epstein. They will be permitted to speak at the hearing, in accordance with the procedures set forth in the order dated February 5, 2010. (Signed by Judge Denny Chin on 2/8/10) (pl) (Entered: 02/08/2010) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 129 of 144 02/09/2010 933 NOTICE of Intent To Appear. Document filed by Charles Nesson, Nicholas Negroponte, Lewis Hyde, Harry Lewis. (Garbus, Martin) (Entered: 02/09/2010) 02/09/2010 934 NOTICE of of Intent to Appear by Marc Rotenberg on Behalf of the Electronic Privacy Information Center. Document filed by Electronic Privacy Information Center. (Rotenberg, Marc) (Entered: 02/09/2010) 02/09/2010 936 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 906 Motion for Kiran Sriram Raj to Appear Pro Hac Vice. Kiran Sriram Raj is admitted to practice pro hac vice as counsel for ATTCorp. and its affiliates in this action. (Signed by Judge Denny Chin on 2/9/2010) (tro) (Entered: 02/11/2010) 02/09/2010 937 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 907 Motion for Michael K. Kellogg to Appear Pro Hac Vice. Michael K. Kellogg is admitted to practice pro hac vice as counsel for ATTCorp. and its affiliates in this action. (Signed by Judge Denny Chin on 2/9/2010) (tro) (Entered: 02/11/2010) 02/09/2010 938 ENDORSED LETTER addressed to Office of the Clerk, J. Michael McMahon from Stuart Bernstein dated 2/4/2010 re: Please accept this letter as a notice of my intent to speak at the 2/18/2010 Fairness Hearing in the matter of the Amended Google Book Settlement. ENDORSEMENT: As this request was received on 2/9/2010, it is untimely. In light of the number of requests to speak, this request is DENIED as untimely. Mr. Bernstein is welcome to attend. (Signed by Judge Denny Chin on 2/9/2010) (tro) (Entered: 02/11/2010) 02/10/2010 935 NOTICE of Withdrawal of Request to Appear at the February 18, 2010 Fairness Hearing. Document filed by Questia Media Inc.. (Kaplan, Lee) (Entered: 02/10/2010) 02/11/2010 939 NOTICE of INTENT TO APPEAR that the undersigned, of the law firm of Eaton &Van Winkle, LLP, intends to appear at the Fairness Hearing in the above−captioned action, currently scheduled for February 18,2010. ENDORSEMENT: Counsel may appear, but as this matter us untimely and numerous request to speck have been received counsel will not be permitted to speck. SO ORDERED. Document filed by Lewis Hyde, Harry Lewis, Charles Nesson, Nicholas Negroponte. (jmi) Modified on 2/11/2010 (jmi). (Entered: 02/11/2010) 02/11/2010 940 NOTICE of State of CT Withdrawal of Request to Appear at Feb 18, 2010 Fairness Hearing re: 914 Notice (Other). Document filed by Richard Blumenthal CT Attorney General. (Becker, Gary) (Entered: 02/11/2010) 02/11/2010 941 BRIEF of Google Inc. in Support of Motion for Final Approval of Amended Settlement Agreement. Document filed by Google Inc..(Gratz, Joseph) (Entered: 02/11/2010) 02/11/2010 942 MOTION for Attorney Fees Notice of Motion and Motion for Approval of Attorneys' Fees and Reimbursement of Costs. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman.(Boni, Michael) (Entered: 02/11/2010) 02/11/2010 943 MEMORANDUM OF LAW in Support re: 942 MOTION for Attorney Fees Notice of Motion and Motion for Approval of Attorneys' Fees and Reimbursement of Costs. Memorandum of Law in Support of Motion of Counsel for the Author Sub−Class for an Award of Fees and Reimbursement of Costs. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Boni, Michael) (Entered: 02/11/2010) 02/11/2010 944 DECLARATION of Michael J. Boni (w/Exhibits A−E) in Support re: 942 MOTION for Attorney Fees Notice of Motion and Motion for Approval of Attorneys' Fees and Reimbursement of Costs.. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Attachments: # 1 Exhibit F −− Declaration of Sanford P. Dumain, # 2 Exhibit G −− Declaration of Robert J. LaRocca)(Boni, Michael) (Entered: 02/11/2010) 02/11/2010 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement. Document filed by Association Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 130 of 144 of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Attachments: # 1 [Proposed] Final Judgment and Order of Dismissal)(Keller, Bruce) (Entered: 02/11/2010) 02/11/2010 946 DECLARATION of Daniel Clancy in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement.. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 02/11/2010) 02/11/2010 947 MEMORANDUM OF LAW in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement. / Memorandum of Law in Support of Plaintiffs' Motion for Final Settlement Approval. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Keller, Bruce) (Entered: 02/11/2010) 02/11/2010 948 DECLARATION of Daphne Keller in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement.. Document filed by Google Inc.. (Attachments: # 1 Exhibit A (Google Books Privacy Policy))(Gratz, Joseph) (Entered: 02/11/2010) 02/11/2010 949 DECLARATION of Richard Sarnoff in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement.. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Keller, Bruce) (Entered: 02/11/2010) 02/11/2010 950 DECLARATION of Owen Atkinson in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement.. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Keller, Bruce) (Entered: 02/11/2010) 02/11/2010 951 DECLARATION of Jeffrey P. Cunard in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement.. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Cunard, Jeffrey) (Entered: 02/11/2010) 02/11/2010 952 DECLARATION of Paul Aiken in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement.. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Keller, Bruce) (Entered: 02/11/2010) 02/11/2010 953 DECLARATION of Tiffaney Allen in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement.. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit)(Cunard, Jeffrey) (Entered: 02/11/2010) 02/11/2010 954 DECLARATION of Belinda Bulger in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement.. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Attachments: # 1 Exhibits 1−5 to Bulger Declaration, # 2 Exhibit 6 to Bulger Declaration)(Keller, Bruce) (Entered: 02/11/2010) 02/11/2010 955 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement. / Plaintiffs' Supplemental Memorandum Responding to Specific Objections. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 131 of 144 Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Keller, Bruce) (Entered: 02/11/2010) 02/12/2010 956 DECLARATION of Katherine Kinsella in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement.. Document filed by Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc., Simon &Schuster, Inc., John Wiley &Sons, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Cunard, Jeffrey) (Entered: 02/12/2010) 02/22/2010 957 MANDATE of USCA (Certified Copy) as to 756 Notice of Appeal filed by Lewis Hyde, Harry Lewis USCA Case Number 09−4224−cv(con. Ordered that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 2/19/2010. (nd) (Entered: 02/22/2010) 02/24/2010 958 Objection [supplemental]. Document filed by David Meininger. (Davis, John) (Entered: 02/24/2010) 02/24/2010 959 NOTICE OF APPEARANCE by John W. Davis on behalf of David Meininger (Davis, John) (Entered: 02/24/2010) 02/25/2010 960 MANDATE of USCA (Certified Copy) as to 780 Amended Notice of Appeal, filed by Picture Archive Council of America, Lou Jacobs, Jr, Peter Turner, North American Nature Photography Association, Dan Budnick, The American Society of Media Photographers, Inc., Joel Meyerowitz, Graphic Artists Guild, 752 Notice of Appeal, filed by Picture Archive Council of America, Lou Jacobs, Jr, Peter Turner, North American Nature Photography Association, Dan Budnick, Joel Meyerowitz, The American Society of Media Photographers, Inc. USCA Case Number 09−4161. Insofar as no opposition has been filed hereto, IT IS HEREBY ORDERED that the motion for voluntary Dismissal be, and it hereby is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 2/22/2010. (nd) (Entered: 02/25/2010) 03/09/2010 961 ENDORSED LETTER addressed to Judge Denny Chin from David Bolt dated 1/28/10 re: Canadian authors who are part of the proposed Author Sub Class object to the amended settlement in the Google Book Search Copyright Class Action. ENDORSEMENT: This letter is accepted for filing as a timely objection. So Ordered. (Signed by Judge Denny Chin on 3/9/10) (dle) (Entered: 03/09/2010) 03/10/2010 962 TRANSCRIPT of proceedings held on 2/18/2010 before Judge Richard Owen. (jfe) (Entered: 03/10/2010) 03/10/2010 963 TRANSCRIPT of proceedings held on 2/18/2010 before Judge Denny Chin. (jfe) (Entered: 03/10/2010) 03/25/2010 964 MOTION for Paul D. Rothstein to Appear Pro Hac Vice. Document filed by Darlene Marshall.(mro) (Entered: 03/26/2010) 03/30/2010 965 NOTICE OF APPEARANCE by Rachel Eve Schwartz on behalf of David Meininger (Schwartz, Rachel) (Entered: 03/30/2010) 04/02/2010 966 ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 964 Motion for Paul D. Rothstein to Appear Pro Hac Vice. Paul D. Rothstein is admitted to practice pro hac vice as counsel for Objector Darlene Marshall in this action. (Signed by Judge Denny Chin on 4/2/2010) (tro) (Entered: 04/02/2010) 04/09/2010 CASHIERS OFFICE REMARK on 964 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/25/2010, Receipt Number 898543. (jd) (Entered: 04/09/2010) 04/09/2010 CASHIERS OFFICE REMARK on 964 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/25/2010, Receipt Number 898543. (jd) (Entered: 04/09/2010) 09/30/2010 967 MEMO ENDORSEMENT on re: 848 Motion to File Amicus Brief. ENDORSEMENT: The application was granted, as the brief was accepted and the Japan P.E.N. Club's lawyer was heard at the hearing. So Ordered. (Signed by Judge Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 132 of 144 Denny Chin on 9/30/2010) (jfe) (Entered: 09/30/2010) 10/12/2010 968 TRANSCRIPT of proceedings held on February 18, 2010 at 10:10 am before Judge Denny Chin. (eef) (Entered: 10/13/2010) 01/11/2011 969 Letter from Edward R. Clark dated January 3, 2011 re: Please advise if the Court has approved the settlement in the above case. Considering the Fairness Hearing was conducted nearly a year ago, I'm suspicious that the Settlement Administrator, Rust Consulting, Inc. of Minneapolis, MN is not being honest, claiming the Court has not approved the settlement. (arc) (Entered: 01/25/2011) 02/18/2011 970 STIPULATION AND ORDER TO EXTEND CASH PAYMENT DEADLINE: The parties to the above−captioned case and to The McGraw−Hill Companies, Inc., et al. v. Google Inc., No. 05 CV 8881, by and through their undersigned counsel, hereby agree that the proposed Amended Settlement Agreement, dated November 13,2009, is amended as follows: (see order). (Signed by Judge Denny Chin on 2/18/2011) (jar) (Entered: 02/18/2011) 03/22/2011 971 OPINION: #100080 In the end, I conclude that the ASA is not fair, adequate, and reasonable. As the United States and other objectors have noted, may of the concerns raised in the objections would be ameliorated if the ASA were converted from an "opt−out" settlement to an "opt−in" settlement. I urge the parties to consider revising the ASA accordingly. The motion for final approval of the ASA is denied, without prejudice to renewal in the event the parties negotiate a revised settlement agreement. The motion for an award of attorneys' fees and costs is denied, without prejudice. The Court will hold a status conference on 4/25/2011, at 4:30 p.m. in Courtroom 11A of the Daniel Patrick Moynihan Courthouse. (Status Conference set for 4/25/2011 at 04:30 PM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge Denny Chin.) (Signed by Judge Denny Chin on 3/22/2011) (tro) Modified on 3/24/2011 (ajc). (Entered: 03/22/2011) 03/24/2011 972 ORDER: The Court's Opinion, dated March 22, 2011, is hereby amended at pages 47 and 48 to list the appearance of counsel for the United States of America, as further set forth in this Order. (Signed by Judge Denny Chin on 3/24/2011) (mro) (Entered: 03/24/2011) 04/05/2011 973 FILING ERROR − ELECTRONIC FILING FOR NON−ECF DOCUMENT − BILL OF COSTS (Petition to Preserve Claim For Incentive Award And Attorneys' Fees). Document filed by Darlene Marshall.(Weiss, Matthew) Modified on 4/6/2011 (ka). (Entered: 04/05/2011) 04/06/2011 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − NON−ECF DOCUMENT ERROR. Note to Attorney Matthew Jay Weiss to MANUALLY RE−FILE Document No. 973 Petition. This document is not filed via ECF. (ka) (Entered: 04/06/2011) 04/15/2011 974 ENDORSED LETTER addressed to Judge Denny Chin from Bruce P. Keller dated 4/14/2011 re: The parties respectfully request that the upcoming status conference scheduled for 4/25/11 be rescheduled for 6/1/11 at 4 p.m. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge Denny Chin on 4/14/2011) (jfe) (Entered: 04/15/2011) 04/16/2011 976 NOTICE of Filing Amended Certificate of Service. Document filed by Darlene Marshall. (mbe) (Entered: 04/21/2011) 04/18/2011 975 NOTICE of Compliance with the Clerk's 4/6/2011 Note to refile document Manually. (mbe) (Entered: 04/18/2011) 07/19/2011 Minute Entry for proceedings held before Judge Denny Chin: Status Conference held on 7/19/2011, ( Status Conference set for 9/15/2011 at 11:00 AM before Judge Denny Chin.). (mbe) (Entered: 07/20/2011) 07/26/2011 977 NOTICE OF APPEARANCE by Ilaria Maggioni on behalf of Robert M. Kunstadt (Maggioni, Ilaria) (Entered: 07/26/2011) 07/26/2011 978 BRIEF CITATION OF NEW AUTHORITY (SUPREME COURT'S WAL−MART OPINION ON CLASS ACTION CERTIFICATION). Document filed by Robert M. Kunstadt.(Maggioni, Ilaria) (Entered: 07/26/2011) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 133 of 144 08/01/2011 979 TRANSCRIPT of Proceedings re: Conference held on 7/19/2011 before Judge Denny Chin. Court Reporter/Transcriber: Thomas Murray, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/25/2011. Redacted Transcript Deadline set for 9/5/2011. Release of Transcript Restriction set for 11/3/2011.(McGuirk, Kelly) (Entered: 08/01/2011) 08/01/2011 980 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/19/11 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/01/2011) 09/14/2011 981 ENDORSED LETTER addressed to Judge Denny Chin from Colin A. Underwood dated 9/12/2011 re: We write to inform the Court that, as a result of our firm's recent hiring of Julian Perlman from Mishcon de Reya New York LLP and Mr. Perlman's prior representation of plaintiffs in this litigation, our firm is in the process of being retained by the American Society of Media Photographers ("ASMP") as special counsel in connection with ASMP's claims against Google. ENDORSEMENT: The Court will address this issue at the conference tomorrow. (Signed by Judge Denny Chin on 9/14/2011) (lmb) (Entered: 09/14/2011) 09/15/2011 Minute Entry for proceedings held before Judge Denny Chin: Status Conference held on 9/15/2011. All counsel present. Status Conference held. The parties have submitted a proposed scheduling order. The Court will adopt the proposed schedule and issue an order. (mro) (Entered: 09/16/2011) 09/16/2011 Magistrate Judge Andrew J. Peck is so redesignated. (pgu) (Entered: 09/16/2011) 09/16/2011 982 SCHEDULING ORDER: Any Motion to Amend the Third Amended Complaint by October 14, 2011. Plaintiffs' Class Certification Motion by December 12, 2011. Defendants' Response Class Certification Motion by January 26, 2012. Plaintiffs' Reply in further support of Class Certification Motion by March 12, 2012. Motions for summary judgment due by 5/31/2012. Responses to summary judgment motion due by 7/9/2012 Reply in support of summary judgment due by 7/30/2012. Expert deposition from 5/14/12 through 5/25/2012. Merits discovery shall be completed by 3/30/2012. Oral Argument set for 9/6/2012 at 11:00 AM before Judge Denny Chin. (Signed by Judge Denny Chin on 9/16/2011) (jfe) (Entered: 09/16/2011) 09/21/2011 983 TRANSCRIPT of Proceedings re: Conference held on 9/15/2011 before Judge Denny Chin. Court Reporter/Transcriber: Thomas Murray, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/17/2011. Redacted Transcript Deadline set for 10/27/2011. Release of Transcript Restriction set for 12/23/2011.(McGuirk, Kelly) (Entered: 09/21/2011) 09/21/2011 984 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/15/2011 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 09/21/2011) 09/21/2011 10/14/2011 ***DELETED DOCUMENT. Deleted document number 985 Transcript. The document was incorrectly filed in this case. (tro) (Entered: 09/21/2011) 985 FOURTH AMENDED CLASS ACTION COMPLAINT amending 782 Amended Complaint against Google Inc. with JURY DEMAND.Document filed by Paul Dickson, Joseph Goulden, Daniel Hoffman, Betty Miles, Herbert Mitgang, The Authors Guild. Related document: 782 Amended Complaint filed by Canadian Standard Association, Simon &Schuster, Inc., Herbert Mitgang, John Wiley &Sons, Inc., Betty Miles, Association of American Publishers, Inc., Daniel Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 134 of 144 Hoffman, The McGraw−Hill Companies, Inc., Pearson Education, Inc.(mro) (Entered: 10/17/2011) 10/20/2011 986 ENDORSED LETTER addressed to Judge Denny Chin from Joseph C. Gratz dated 10/18/2011 re: Counsel for both parties request that the Court permit Defendant to file its response to the complaint on or before 11/7/2011. ENDORSEMENT: Approved, but FINAL. SO ORDERED. (Signed by Judge Denny Chin on 10/20/2011) (ft) (Entered: 10/21/2011) 10/28/2011 987 ENDORSED LETTER addressed to Judge Denny Chin from Joseph C. Gratz dated 10/25/2011 re: Counsel for the defendant writes on behalf of all parties to request an extension of Defendants time to file its response to the complaint, until 11/28/2011. ENDORSEMENT: Application GRANTED. The deadline set forth in the Court's 9/16/11 Scheduling Order shall otherwise remain in place. SO ORDERED. (Signed by Judge Denny Chin on 10/28/2011) (ft) (Entered: 10/31/2011) 11/29/2011 988 SCHEDULING ORDER: IT IS HEREBY ORDERED as follows: The following deadlines shall apply: a. Defendant's motions to dismiss shall be filed by December 23, 2011. b. Plaintiffs' oppositions to defendant's motions shall be filed by January 23, 2012. c. Defendant's replies shall be filed by February 3, 2012. The deadlines set forth in the Court's September 16, 2011 Scheduling Order shall remain in place. Motions due by 12/23/2011. Responses due by 1/23/2012. Replies due by 2/3/2012. (Signed by Judge Denny Chin on 11/28/2011) (rjm) (Entered: 11/29/2011) 12/12/2011 989 MOTION to Certify Class. Document filed by Paul Dickson, Joseph Goulden, Daniel Hoffman, Betty Miles, Herbert Mitgang, The Authors Guild. (Attachments: # 1 Text of Proposed Order)(Zack, Joanne) (Entered: 12/12/2011) 12/12/2011 990 MEMORANDUM OF LAW in Support re: 989 MOTION to Certify Class.. Document filed by Paul Dickson, Joseph Goulden, Daniel Hoffman, Betty Miles, Herbert Mitgang, The Authors Guild. (Zack, Joanne) (Entered: 12/12/2011) 12/12/2011 991 DECLARATION of Joanne Zack in Support re: 989 MOTION to Certify Class.. Document filed by Paul Dickson, Joseph Goulden, Daniel Hoffman, Betty Miles, Herbert Mitgang, The Authors Guild. (Attachments: # 1 Exhibit 1−12, # 2 Exhibit 13−23)(Zack, Joanne) (Entered: 12/12/2011) 12/22/2011 992 MOTION to Dismiss Fourth Amended Complaint. Document filed by Google Inc.. Responses due by 1/23/2012(Gratz, Joseph) (Entered: 12/22/2011) 12/22/2011 993 MEMORANDUM OF LAW in Support re: 992 MOTION to Dismiss Fourth Amended Complaint.. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 12/22/2011) 12/22/2011 994 NOTICE of Request for Judicial Notice in Support of Motion to Dismiss Fourth Amended Complaint re: 992 MOTION to Dismiss Fourth Amended Complaint.. Document filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Gratz, Joseph) (Entered: 12/22/2011) 01/17/2012 995 STIPULATION AND ORDER FOR WITHDRAWAL OF HERBERT MITGANG, DANIEL HOFFMAN, AND PAUL DICKSON AS REPRESENTATIVE PLAINTIFFS: All claims of representative plaintiffs Herbert Mitgang, Daniel Hoffman, and Paul Dickson are voluntarily dismissed. The dismissals are without prejudice, and Herbert Mitgang, Daniel Hoffman, and Paul Dickson retain all right as members of the putative class in this action. The foregoing is without costs, disbursements, or counsel fees to any party. Herbert Mitgang, Paul Dickson and Daniel Hoffman terminated. (Signed by Judge Denny Chin on 1/17/2012) (ft) (Entered: 01/17/2012) 01/17/2012 996 SCHEDULING ORDER: The following deadlines shall apply: a. Plaintiffs' opposition to defendant's motion to dismiss shall be filed by 2/6/2012; b. Defendant's response to the class certification motion shall be filed by 2/8/2012; c. Defendant's reply in support of its motion to dismiss shall be filed by 2/17/2012; d. Plaintiffs' reply in support of their class certification motion shall be filed by 4/3/2012; e. Fact discovery shall be completed by 4/13/2012. The remaining Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 135 of 144 deadlines set forth in the Court's 9/16/2011 Scheduling Order shall remain in place. (Signed by Judge Denny Chin on 1/17/2012) (ft) (Entered: 01/17/2012) 02/06/2012 997 MEMORANDUM OF LAW in Opposition re: 992 MOTION to Dismiss Fourth Amended Complaint.. Document filed by The Authors Guild. (Zack, Joanne) (Entered: 02/06/2012) 02/08/2012 998 MOTION for Amin Kassam and Andrew DeVore to Withdraw as Attorney. Document filed by Arlo Guthrie, Catherine Ryan Hyde, Eugene Linden, Julia Wright.(Kassam, Amin) (Entered: 02/08/2012) 02/08/2012 999 DECLARATION of Amin Kassam in Support re: 998 MOTION for Amin Kassam and Andrew DeVore to Withdraw as Attorney.. Document filed by Arlo Guthrie, Catherine Ryan Hyde, Eugene Linden, Julia Wright. (Kassam, Amin) (Entered: 02/08/2012) 02/08/2012 1000 MEMORANDUM OF LAW in Opposition re: 989 MOTION to Certify Class.. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 02/08/2012) 02/08/2012 1001 DECLARATION of Hal Poret in Opposition re: 989 MOTION to Certify Class.. Document filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Appendix A, # 3 Appendix B, # 4 Appendix C, # 5 Appendix D, # 6 Appendix E, # 7 Appendix F)(Gratz, Joseph) (Entered: 02/08/2012) 02/08/2012 1002 DECLARATION of E. Gabriel Perle in Opposition re: 989 MOTION to Certify Class.. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 02/08/2012) 02/08/2012 1003 DECLARATION of Joseph C. Gratz in Opposition re: 989 MOTION to Certify Class.. Document filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10A, # 11 Exhibit 10B, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16)(Gratz, Joseph) (Entered: 02/08/2012) 02/08/2012 1004 DECLARATION of Daniel Clancy in Opposition re: 989 MOTION to Certify Class.. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 02/08/2012) 02/17/2012 1005 REPLY MEMORANDUM OF LAW in Support re: 992 MOTION to Dismiss Fourth Amended Complaint.. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 02/17/2012) 03/27/2012 1006 MEMO ENDORSEMENT on 998 MOTION FOR LEAVE TO WITHDRAW APPEARANCE: Motion GRANTED. DeVore and DeMarco, LLP, is hereby RELIEVED as counsel for the class members listed above. ***Attorney Andrew C. DeVore and Amin S. Kassam terminated. (Signed by Judge Denny Chin on 3/26/2012) (ab) (Entered: 03/27/2012) 03/28/2012 1007 SCHEDULING ORDER: At the request of the parties Opening expert reports shall be filed by May 4, 2012. b. Rebuttal expert reports shall be filed by May 24, 2012. c. Expert depositions shall be completed between May 28, 2012 to June 8,2012.d.Motions for Summary Judgment shall be filed by June 14, 2012. e. Oppositions to Motions for Summary Judgment shall be filed by July 23, 2012. f. Replies in Support of Motions for Summary Judgment shall be filed by August 13, 2012. Motions due by 6/14/2012. Responses due by 7/23/2012 Replies due by 8/13/2012. (Signed by Judge Denny Chin on 3/27/2012) (js) (Entered: 03/28/2012) 04/03/2012 1008 REPLY MEMORANDUM OF LAW in Support re: 989 MOTION to Certify Class.. Document filed by Jim Bouton, Joseph Goulden, Betty Miles. (Zack, Joanne) (Entered: 04/03/2012) 04/03/2012 1009 DECLARATION of Joanne Zack in Support re: 989 MOTION to Certify Class.. Document filed by Jim Bouton, Joseph Goulden, Betty Miles. (Zack, Joanne) (Entered: 04/03/2012) 04/03/2012 1010 DECLARATION of Joanne Zack in Support re: 989 MOTION to Certify Class.. Document filed by Jim Bouton, Joseph Goulden, Betty Miles. (Attachments: # 1 Exhibit 1−3, # 2 Exhibit 4−8, # 3 Exhibit 9−12, # 4 Exhibit 13−14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17−18)(Zack, Joanne) (Entered: 04/03/2012) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 136 of 144 04/05/2012 1011 MOTION for Genevieve Rosloff to Appear Pro Hac Vice. Document filed by Google Inc..(bwa) (Entered: 04/11/2012) 04/05/2012 1012 MOTION for David F. McGowan to Appear Pro Hac Vice. Document filed by Google Inc..(bwa) (Entered: 04/11/2012) 04/11/2012 1013 ORDER FOR ADMISSION PRO HAC VICE FOR GENEVIEVE ROSLOFF granting 1011 Motion for Genevieve Rosloff to Appear Pro Hac Vice. (Signed by USCJ Denny Chin By Designation on 4/5/2012) (rjm) Modified on 4/11/2012 (rjm). (Entered: 04/11/2012) 04/11/2012 1014 ORDER FOR ADMISSION PRO HAC VICE FOR DAVID F. MCGOWAN granting 1012 Motion for David F. McGowan to Appear Pro Hac Vice. (Signed by USCJ Denny Chin By Designation on 4/4/2012) (rjm) (Entered: 04/11/2012) 04/16/2012 1015 ORDER. The Court is in receipt of letters from Google and the Authors Guild plaintiffs, both dated April 12, 2012. Google's request for leave to file a surreply is denied. Its request for an order compelling Mr. Edelman and Mr. Gervais to appear for depositions within the next two weeks is also denied, as expert depositions are scheduled for May 28th to June 8, 2012. Google's objection to the inclusion of expert reports in the Authors Guild plaintiffs' reply brief is noted and can be addressed at oral argument. The motions to dismiss (in both cases) and the motion for class certification (in The Authors Guild case) having been fully submitted[ the Court will hold oral argument on these motions on May 3, 2012 at 10:00 AM. (Oral Argument set for 5/3/2012 at 10:00 AM before Judge Denny Chin.) (Signed by U.S. Circuit Judge Denny Chin Sitting by Designation on 4/16/2012) (rjm) Modified on 4/16/2012 (rjm). (Entered: 04/16/2012) 04/24/2012 CASHIERS OFFICE REMARK on 1012 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 04/05/2012, Receipt Number 1034548. (jd) (Entered: 04/24/2012) 04/24/2012 CASHIERS OFFICE REMARK on 1011 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 04/05/2012, Receipt Number 1034585. (jd) (Entered: 04/24/2012) 05/03/2012 Minute Entry for proceedings held before Judge Denny Chin: Motion Hearing held on 5/3/2012. Case called for motion argument on Defendants motions to dismiss 1st amended complaint (in both cases) and Plaintiffs motion for class certification in the Authors Guild case− 05 cv 8136. Motions argued; decision reserved. (cd) (Entered: 05/04/2012) 05/15/2012 1016 SEALED DOCUMENT placed in vault.(mps) (Entered: 05/15/2012) 05/15/2012 1017 ORDER: Plaintiffs are permitted to file under seal a Reply Declaration in Support of Plaintiffs Motion for Class Certification (Confidential Portion). A public Reply Declaration in Support of Plaintiffs Motion for Class Certification has already been filed, but does not contain the confidential pages to be filed under seal. (Signed by Judge Denny Chin on 5/14/2012) (js) (Entered: 05/15/2012) 05/16/2012 1018 SEALED DOCUMENT placed in vault.(nm) (Entered: 05/16/2012) 05/17/2012 1019 TRANSCRIPT of Proceedings re: ARGUMENT held on 5/3/2012 before Judge Denny Chin. Court Reporter/Transcriber: Linda Fisher, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2012. Redacted Transcript Deadline set for 6/21/2012. Release of Transcript Restriction set for 8/20/2012.(McGuirk, Kelly) (Entered: 05/17/2012) 05/17/2012 1020 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 5/3/12 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/17/2012) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 137 of 144 05/18/2012 1021 NOTICE of Supplemental Authority. Document filed by Google Inc.. (Attachments: # 1 Exhibit A)(Gratz, Joseph) (Entered: 05/18/2012) 05/30/2012 1022 RESPONSE re: 1021 Notice (Other) of Supplemental Authority. Document filed by Joseph Goulden, Betty Miles, The Authors Guild, Jim Bouton. (Zack, Joanne) (Entered: 05/30/2012) 05/31/2012 1023 OPINION # 101856. For the reasons stated above, Google's motions to dismiss the claims of the associational plaintiffs are denied and the AG Representative Plaintiffs' motion for class certification is granted. Re: 989 MOTION to Certify Class filed by Betty Miles, The Authors Guild, Joseph Goulden, Paul Dickson, Herbert Mitgang, Daniel Hoffman, 992 MOTION to Dismiss Fourth Amended Complaint filed by Google Inc. (Signed by U.S. Circuit Judge Denny Chin Sitting by Designation on 5/31/2012) (rjm) Modified on 5/31/2012 (rjm). Modified on 6/1/2012 (ft). (Entered: 05/31/2012) 05/31/2012 1025 INTERNET CITATION NOTE: Material from decision with Internet citation re: 1023 Memorandum &Opinion. (Attachments: # 1 U.S. Copyright Office − Search Copyright Records) (tro) (Entered: 06/11/2012) 06/01/2012 1024 ENDORSED LETTER addressed to Judge Denny Chin from Joanne Zack and Joseph C. Gratz dated 5/23/2012 re: We write regarding three matters related to the upcoming briefing on the parties' contemplated motions for summary judgment. ENDORSEMENT: Redactions are to be kept to a minimum. Approved. SO ORDERED. (Signed by Judge Denny Chin on 6/01/2012) (ama) Modified on 6/7/2012 (ama). (Entered: 06/01/2012) 06/11/2012 1026 ORDER GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION: It is hereby Ordered that the Class is certified, defined as set forth within this Order. Betty Miles, Joseph Goulden, and Jim Bouton are designated as Representative Plaintiffs for the Class. Boni &Zack LLC is appointed Lead Counsel, and Milberg LLP and Kohn, Swift &Graf, P.C. are appointed Class Counsel. (Signed by Judge Denny Chin, Sitting by designation on 6/11/2012) (jfe) (Entered: 06/11/2012) 06/14/2012 1027 ANSWER to 985 Amended Complaint,, with JURY DEMAND. Document filed by Google Inc..(Gratz, Joseph) (Entered: 06/14/2012) 06/19/2012 1028 SCHEDULING ORDER: Motions for summary judgment due by 7/27/2012. Responses due by 8/24/2012 Replies due by 9/17/2012. Oral Argument set for 10/9/2012 at 10:00 AM before Judge Denny Chin. (Signed by Judge Denny Chin on 6/19/2012) (cd) (Entered: 06/19/2012) 07/20/2012 1029 MOTION for Jennifer M. Urban to Appear Pro Hac Vice. Document filed by Digital Humanities Scholars and Law Professors.(pgu) (Entered: 07/23/2012) 07/24/2012 07/25/2012 CASHIERS OFFICE REMARK on 1029 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/20/2012, Receipt Number 1044226. (jd) (Entered: 07/24/2012) 1030 MOTION for Babak Siavoshy to Appear Pro Hac Vice. Document filed by Digital Humanities Scholars and Law Professors.(pgu) (Entered: 07/25/2012) 07/25/2012 CASHIERS OFFICE REMARK on 1030 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/25/2012, Receipt Number 1044640. (jd) (Entered: 07/25/2012) 07/27/2012 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication. Document filed by Google Inc..(Gratz, Joseph) (Entered: 07/27/2012) 07/27/2012 1032 MEMORANDUM OF LAW in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 07/27/2012) 07/27/2012 1033 FILING ERROR − WRONG EVENT TYPE SELECTED FROM MENU − MEMORANDUM OF LAW in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 138 of 144 the Alternative Summary Adjudication. Local Rule 56.1 Statement of Uncontested Facts in Support of Defendant Google Inc.'s Motion for Summary Adjudication or in the Alternative for Summary Judgment. Document filed by Google Inc.. (Gratz, Joseph) Modified on 7/27/2012 (db). (Entered: 07/27/2012) 07/27/2012 1034 DECLARATION of Judith A. Chevalier in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Attachments: # 1 Exhibit A)(Gratz, Joseph) (Entered: 07/27/2012) 07/27/2012 1035 DECLARATION of Dan Clancy in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Gratz, Joseph) (Entered: 07/27/2012) 07/27/2012 1036 DECLARATION of Joseph C. Gratz in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Gratz, Joseph) (Entered: 07/27/2012) 07/27/2012 1037 DECLARATION of Albert N. Greco in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Attachments: # 1 Exhibit A, part 1, # 2 Exhibit A, part 2)(Gratz, Joseph) (Entered: 07/27/2012) 07/27/2012 1038 DECLARATION of Kurt Groetsch in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 07/27/2012) 07/27/2012 1039 DECLARATION of Bruce S. Harris in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2)(Gratz, Joseph) (Entered: 07/27/2012) 07/27/2012 1040 DECLARATION of Brad Hasegawa in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 07/27/2012) 07/27/2012 1041 DECLARATION of Stephane Jaskiewicz in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 07/27/2012) 07/27/2012 1042 DECLARATION of Gloriana St. Clair in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Attachments: # 1 Exhibit A)(Gratz, Joseph) (Entered: 07/27/2012) 07/27/2012 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − EVENT TYPE ERROR. Note to Attorney Joseph C. Gratz to RE−FILE Document 1033 Memorandum of Law in Support of Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db) (Entered: 07/27/2012) 07/27/2012 1043 RULE 56.1 STATEMENT. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 07/27/2012) 07/27/2012 1044 SEALED DOCUMENT placed in vault.(nm) (Entered: 07/27/2012) 07/31/2012 1045 ORDER granting 1029 Motion for Jennifer M. Urban to Appear Pro Hac Vice. Upon payment to the Clerk of the Court of the applicable fee.(Signed by Judge Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 139 of 144 Denny Chin on 7/31/2012) (ama) Modified on 7/31/2012 (ama). (Entered: 07/31/2012) 07/31/2012 1046 ORDER granting 1030 Motion for Babak Siavoshy to Appear Pro Hac Vice. Upon payment to the Clerk of the Court of the applicable fee.(Signed by Judge Denny Chin on 7/31/2012) (ama) (Entered: 07/31/2012) 08/01/2012 1047 MOTION for Leave to File Amici Curiae Brief in Support of Defendant's Motion for Summary Judgment. Document filed by America Library Association, Assocation of Research Libraries, Association of College and Research Libraries, Electronic Frontier Foundation et al..(Band, Jonathan) (Entered: 08/01/2012) 08/01/2012 1048 BRIEF re: 1047 MOTION for Leave to File Amici Curiae Brief in Support of Defendant's Motion for Summary Judgment.. Document filed by America Library Association, Assocation of Research Libraries, Association of College and Research Libraries, Electronic Frontier Foundation et al..(Band, Jonathan) (Entered: 08/01/2012) 08/03/2012 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version). Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild.(Zack, Joanne) (Entered: 08/03/2012) 08/03/2012 1050 MEMORANDUM OF LAW in Support re: 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version). (Redacted). Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Zack, Joanne) (Entered: 08/03/2012) 08/03/2012 1051 MOTION to File Amicus Brief IN PARTIAL SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION. Document filed by Digital Humanities Scholars and Law Professors.(Siavoshy, Babak) (Entered: 08/03/2012) 08/03/2012 1052 BRIEF re: 1051 MOTION to File Amicus Brief IN PARTIAL SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION.. Document filed by Digital Humanities Scholars and Law Professors.(Siavoshy, Babak) (Entered: 08/03/2012) 08/03/2012 1053 DECLARATION of Joanne Zack in Support re: 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version).. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Attachments: # 1 Exhibit 1−22, # 2 Exhibit 23, part 1, # 3 Exhibit 23, part 2, # 4 Exhibit 24−32, # 5 Exhibit 33−35, # 6 Exhibit 36−37, # 7 Exhibit 38−41, # 8 Exhibit 42, part 1, # 9 Exhibit 42, part 2−43)(Zack, Joanne) (Entered: 08/03/2012) 08/03/2012 1054 RULE 56.1 STATEMENT. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Zack, Joanne) (Entered: 08/03/2012) 08/03/2012 1055 BRIEF re: 1051 MOTION to File Amicus Brief IN PARTIAL SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION. (CORRECTED). Document filed by Digital Humanities Scholars and Law Professors.(Siavoshy, Babak) (Entered: 08/03/2012) 08/09/2012 1056 MEMORANDUM OF LAW in Opposition re: 1051 MOTION to File Amicus Brief IN PARTIAL SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION., 1047 MOTION for Leave to File Amici Curiae Brief in Support of Defendant's Motion for Summary Judgment. Plaintiffs' Memorandum in Opposition to Motions for Leave to File Amicus Brief. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Boni, Michael) (Entered: 08/09/2012) 08/14/2012 1057 TRUE COPY ORDER of USCA USCA Case Number 12−2402. Petitioner, through counsel, moves, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the District Court's order granting Respondents' motion for class certification. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/14/2012. New Case No. 12−3200. (nd) Modified on 8/28/2012 (nd). Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 140 of 144 (Entered: 08/14/2012) 08/14/2012 Appeal Fee Due: for 1057 USCA Order granting leave to appeal. $455.00 Appeal fee due by 8/28/2012. (nd) (Entered: 08/14/2012) 08/14/2012 1058 REPLY to Response to Motion re: 1047 MOTION for Leave to File Amici Curiae Brief in Support of Defendant's Motion for Summary Judgment.. Document filed by America Library Association, Assocation of Research Libraries, Association of College and Research Libraries, Electronic Frontier Foundation et al.. (Band, Jonathan) (Entered: 08/14/2012) 08/15/2012 1059 REPLY MEMORANDUM OF LAW in Support re: 1051 MOTION to File Amicus Brief IN PARTIAL SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION.. Document filed by Digital Humanities Scholars and Law Professors. (Siavoshy, Babak) (Entered: 08/15/2012) 08/15/2012 1060 ORDER granting 1047 Motion for Leave to File Document; granting 1051 Motion to File Amicus Brief. It is hereby ordered as follows: (1) The motions for leave to file amici curiae briefs are granted, and the proposed briefs are accepted for filing. (2) Plaintiffs shall respond to the amici curiae briefs by September 17, 2012 in a memorandum of law not to exceed 40 pages. (3) The amici curiae may not file replies. (4) The parties' oppositions to the cross−motions for summary judgment shall be filed by August 24, 2012. (5) The parties' replies in support of the cross−motions for summary judgment shall be filed by September 17, 2012. (6) Oral argument on the motions for summary judgment shall proceed on October 9, 2012 at 10 AM.. (Signed by Judge Denny Chin on 8/15/2012) (jfe) (Entered: 08/15/2012) 08/15/2012 Set/Reset Deadlines: ( Responses due by 9/17/2012), Set/Reset Hearings:( Oral Argument set for 10/9/2012 at 10:00 AM before Judge Denny Chin.) (jfe) (Entered: 08/15/2012) 08/15/2012 Set/Reset Deadlines as to 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version)., 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Responses due by 8/24/2012 (jfe) (Entered: 08/15/2012) 08/17/2012 1061 ORDER: It is hereby ordered as follows: (1) By October 24, 2012, the parties shall file their oppositions to the cross−motions for summary judgment. (2) By November 19, 2012, plaintiffs shall file their opposition to the amici curiae briefs, in a memorandum of law not to exceed 40 pages. (3) By November 19, 2012, the parties shall file their replies in support of the cross−motions for summary judgment. (4) Oral argument on the motions for summary judgment shall proceed on December 4, 2012 at 2PM., ( Responses due by 11/19/2012., Replies due by 11/19/2012.), ( Oral Argument set for 12/4/2012 at 02:00 PM before Judge Denny Chin.) (Signed by Judge Denny Chin on 8/17/2012) (lmb) (Entered: 08/17/2012) 08/28/2012 USCA Appeal Fees received $ 455.00 receipt number 465401046514 on 08/16/2012 re: 1057 USCA Order granting leave to appeal pursuant to FRAP 23(f). (nd) (Entered: 08/28/2012) 08/29/2012 1062 ORDER: The Court is in receipt of a letter from defendant Google, Inc. ("Google"), dated August 17, 2012, requesting that the Court stay all proceedings in this case pending review by the Second Circuit of this Court's May 31, 2012 Order granting class certification (the "Class Certification Order"). Plaintiffs have not responded to Google's letter. For the following reasons, the application is denied as further set forth in this order. (Signed by Judge Denny Chin on 8/28/2012) (lmb) (Entered: 08/29/2012) 09/17/2012 1063 ORDER of USCA (Certified Copy) USCA Case Number 12−3200. Appellant Google, Inc. has filed a motion to stay District Court proceedings pending appeal of the class certification order and appellees have filed a response stating that they consent to the stay, although not to the arguments put forward in the motion as to why Google expects to prevail on appeal. IT IS HEREBY ORDERED that the motion to stay proceedings pending appeal is GRANTED. Catherine O'Hagan Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 141 of 144 Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 09/17/2012. Certified: 09/17/2012. (nd) (Entered: 09/17/2012) 04/07/2013 1064 NOTICE OF CHANGE OF ADDRESS by Cindy A. Cohn on behalf of Electronic Frontier Foundation et al.. New Address: Electronic Frontier Foundation, 815 Eddy Street, San Francisco, CA, USA 94109, 415−436−9333. (Cohn, Cindy) (Entered: 04/07/2013) 07/01/2013 1065 TRUE COPY ORDER of USCA USCA Case Number 12−3200−cv. For the reasons stated, we VACATE the June 11, 2012 order of the District Court certifying plaintiffs proposed class and REMAND the cause to the District Court for consideration of the fair use issues, without prejudice to any renewal of the motion for class certification before the District Court following its decision on the fair use defense. In the interest of judicial economy, any further appeal from the decisions of the District Court shall be assigned to this panel. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/1/2013. (nd) (Entered: 07/01/2013) 07/01/2013 1066 MANDATE of USCA (Certified Copy) USCA Case Number 12−3200−cv. Ordered, Adjudged and Decreed that the order of the District Court is VACATED and the case is REMANDED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/01/2013. (nd) (Entered: 07/01/2013) 07/01/2013 1067 ORDER: By August 5, 2013, the parties shall file their oppositions to the cross−motions for summary judgment. The parties shall include any arguments in response to the amici curiae briefs in their memoranda in opposition to the cross−motions. The parties' memoranda of law shall not exceed 50 pages, including any response to the amici curiae briefs. By August 19, 2013, in memoranda of law not to exceed 10 pages, the parties shall file their replies in support of the cross−motions for summary judgment. Oral argument on the cross−motions for summary judgment will be heard on September 5, 2013 at 10:00 AM. Responses due by 8/5/2013. Replies due by 8/19/2013. Oral Argument set for 9/5/2013 at 10:00 AM before Judge Denny Chin. (Signed by Judge Denny Chin Sitting by Designation on 7/1/2013) (ft) Modified on 7/12/2013 (ft). (Entered: 07/01/2013) 07/08/2013 1068 ORDER: The briefing schedule for the parties' cross−motions for summary judgment is hereby modified as follows: (1) By August 26, 2013, the parties shall file their oppositions to the cross−motions for summary judgment. The parties shall include any arguments in response to the amici curiae briefs in their memoranda in opposition to the cross−motions. The parties' memoranda of law shall not exceed 50 pages, including any response to the amici curiae briefs. (2) By September 9, 2013, in memoranda of law not to exceed 20 pages, the parties shall file their replies in support of the cross−motions for summary judgment. (3) Oral argument on the cross−motions for summary judgment will be heard on September 23, 2013 at 2:30 PM. SO ORDERED. (Responses due by 8/26/2013, Replies due by 9/9/2013.), ( Oral Argument set for 9/23/2013 at 02:30 PM before Judge Denny Chin.) (Signed by Judge Denny Chin Sitting by Designation on 7/8/2013) (rsh) (Entered: 07/09/2013) 08/26/2013 1069 ENDORSED LETTER addressed to Judge Denny Chin, from Michael J. Boni, dated 8/23/2013, re: on behalf of all parties, plaintiffs and Google, to request that the parties be able to file their respective, non−public sealed versions of their briefs on Tuesday, August 27, 2013. The deadline to file their summary judgment opposition briefs is a day earlier, and on that date (August 26) the parties will file electronically their public, redacted versions of the brief, and will also serve one another with their undredacted versions as well. ENDORSEMENT: Approved. SO ORDERED. (Brief due by 8/27/2013.) (Signed by Judge Denny Chin on 8/26/2013) (ja) (Entered: 08/26/2013) 08/26/2013 1070 MEMORANDUM OF LAW in Opposition re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Boni, Michael) (Entered: 08/26/2013) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 142 of 144 08/26/2013 1071 COUNTER STATEMENT TO 1043 Rule 56.1 Statement. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Boni, Michael) (Entered: 08/26/2013) 08/26/2013 1072 MEMORANDUM OF LAW in Opposition re: 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version). Defendant Google Inc.'s Opposition to Plaintiffs' Motion for Partial Summary Judgment. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 08/26/2013) 08/26/2013 1073 DECLARATION of of Michael J. Boni in Opposition re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Attachments: # 1 Exhibit 1 (Part 1 of 3), # 2 Exhibit 1 (Part 2 of 3), # 3 Exhibit 1 (Part 3 of 3), # 4 Exhibit 2 (Part 1 of 3), # 5 Exhibit 2 (Part 2 of3), # 6 Exhibit 2 (Part 3 of 3), # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10)(Boni, Michael) (Entered: 08/26/2013) 08/26/2013 1074 DECLARATION of Paul Aiken in Opposition re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Boni, Michael) (Entered: 08/26/2013) 08/26/2013 1075 DECLARATION of Joseph C. Gratz in Opposition re: 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version).. Document filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Gratz, Joseph) (Entered: 08/26/2013) 08/26/2013 1076 DECLARATION of Scott Dougall in Opposition re: 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version).. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 08/26/2013) 08/26/2013 1077 COUNTER STATEMENT TO 1054 Rule 56.1 Statement. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 08/26/2013) 08/26/2013 1078 AFFIDAVIT OF SERVICE of Google Inc.'s Responses and Objections to Plaintiffs' Statement of Undisputed Facts in Support of their Motion for Partial Summary Judgment (provisionally filed under seal) served on Michael J. Boni and Joanne E. Zack, Counsel for Plaintiffs on August 26, 2103. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 08/26/2013) 08/27/2013 1079 SEALED DOCUMENT placed in vault.(mps) (Entered: 08/27/2013) 08/27/2013 1080 SEALED DOCUMENT placed in vault.(nm) (Entered: 08/27/2013) 08/29/2013 1081 ORDER: The Court is in receipt of a letter from plaintiffs' counsel, dated August 28, 2013, requesting a two−week extension of the schedule for briefing and argument of the parties' summary judgment motions. Defendant Google, Inc. opposes this request. The request is granted in part and denied in part, as follows: The deadline for plaintiffs to submit their reply brief is extended to Monday, September 16, 2013. The request for adjournment of oral argument is denied. The date of September 23, 2013 was set on July 8, 2013, more than five weeks ago. The Court will not adjourn oral argument because new counsel in this eight−year old litigation is unavailable on September 23rd because he will be attending a conference on copyright law. (Replies due by 9/16/2013.) (Signed by Judge Denny Chin, Sitting by Designation on 8/29/2013) (ja) (Entered: 08/29/2013) 09/04/2013 1082 NOTICE OF APPEARANCE by Edward Henry Rosenthal on behalf of The Authors Guild. (Rosenthal, Edward) (Entered: 09/04/2013) 09/04/2013 1083 NOTICE OF APPEARANCE by Jeremy Seth Goldman on behalf of The Authors Guild. (Goldman, Jeremy) (Entered: 09/04/2013) Case: 1:05-cv-08136-DC As of: 12/23/2013 06:35 PM EST 143 of 144 09/09/2013 1084 REPLY MEMORANDUM OF LAW in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Gratz, Joseph) (Entered: 09/09/2013) 09/16/2013 1085 REPLY MEMORANDUM OF LAW in Support re: 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version).. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Boni, Michael) (Entered: 09/16/2013) 10/03/2013 1086 TRANSCRIPT of Proceedings re: ARGUMENT held on 9/23/2013 before Judge Denny Chin. Court Reporter/Transcriber: Thomas Murray, (212) 805−0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2013. Redacted Transcript Deadline set for 11/7/2013. Release of Transcript Restriction set for 1/4/2014.(Rodriguez, Somari) (Entered: 10/03/2013) 10/03/2013 1087 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/23/13 has been filed by the court reporter/transcriber in the above−captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 10/03/2013) 11/14/2013 1088 OPINION re: #103753 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication filed by Google Inc., 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version) filed by Betty Miles, The Authors Guild, Joseph Goulden, Jim Bouton. For the reasons set forth in this Opinion, plaintiffs' motion for partial summary judgment is denied and Google's motion for summary judgment is granted. Judgment will be entered in favor of Google dismissing the Complaint. Google shall submit a proposed judgment, on notice, within five business days hereof. (Signed by Judge Denny Chin on 11/14/2013) (tro) (Main Document 1088 replaced on 11/14/2013) (tro). Modified on 11/19/2013 (ca). (Entered: 11/14/2013) 11/27/2013 1089 JUDGMENT that, 1. Plaintiffs' Motion for Partial Summary Judgment is denied; 2. Defendant's Motion for Summary Judgment is granted; 3. Plaintiffs' claims are dismissed with prejudice; 4. Costs in this action are awarded to Defendant, as the prevailing party in this action; and 5. Any application for attorneys' must be made within 14 days after entry of judgment pursuant to Fed. R. Civ. P. 54(d)(2)(B)(i). (Signed by Circuit Judge Denny Chin on 11/27/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 11/27/2013) 11/27/2013 12/06/2013 Terminate Transcript Deadlines (ml) (Entered: 11/27/2013) 1090 FILING ERROR − DEFICIENT DOCKET ENTRY − FIRST MOTION for Attorney Fees. Document filed by Writers' Representatives LLC.(Chu, Lynn) Modified on 12/9/2013 (db). (Entered: 12/06/2013) 12/09/2013 ***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Lynn T. Chu to RE−FILE Document 1090 FIRST MOTION for Attorney Fees. ERROR(S): No Signature or s/. (db) (Entered: 12/09/2013) 12/10/2013 1091 AMENDED JUDGMENT amending 1089 Judgment, that, 1. Plaintiffs' Motion for Partial Summary Judgment is denied; 2. Defendant's Motion for Summary Judgment is granted; 3. Plaintiffs' claims are dismissed with prejudice; 4. Costs in this action are awarded to Defendant, as the prevailing party in this action; and 5. Any application for attorneys' fees must be made within 14 days of the final resolution of all appeals or, if no appeal is taken, within 14 days after the expiration of time for filing a notice of appeal; 6. The Clerk of the Court shall close this case. (Signed by Judge Denny Chin on 12/10/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 12/11/2013) Case: 1:05-cv-08136-DC 12/23/2013 As of: 12/23/2013 06:35 PM EST 144 of 144 1092 NOTICE OF APPEAL from 1091 Amended Judgment,, 1089 Judgment,,. Document filed by Association of American Publishers, Inc., Jim Bouton, Canadian Standard Association, Paul Dickson, John Wiley &Sons, Inc., Herbert Mitgang, Pearson Education, Inc., The Authors Guild, The McGraw−Hill Companies, Inc.. Filing fee $ 505.00, receipt number 0208−9204161. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Rosenthal, Edward) (Entered: 12/23/2013) 12/23/2013 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 1092 Notice of Appeal,. (nd) (Entered: 12/23/2013) 12/23/2013 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files ONLY for 1092 Notice of Appeal, filed by The Authors Guild, Canadian Standard Association, Herbert Mitgang, Jim Bouton, John Wiley &Sons, Inc., Paul Dickson, Association of American Publishers, Inc., The McGraw−Hill Companies, Inc., Pearson Education, Inc. were transmitted to the U.S. Court of Appeals. (APPELLANT'S COUNSEL IS RESPONSIBLE FOR THE PHYSICAL SUPPLEMENTAL INDEX FOR ANY AND ALL NON−ECF DOCUMENTS, ONCE THE CASE IS OPENED IN THE SECOND CIRCUIT) (nd) (Entered: 12/23/2013)

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