The Authors Guild v. Google, Inc.

Filing 6

FORM C, on behalf of Appellant Jim Bouton, Joseph Goulden, Betty Miles and The Authors Guild, FILED. Service date 01/06/2014 by CM/ECF.[1126648] [13-4829]

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UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT CIVIL APPEAL PRE-ARGUMENT STATEMENT (FORM C) 3. STAPLE ALL ADDITIONAL PAGES 2. PLEASE TYPE OR PRINT. 1. SEE NOTICE ON REVERSE. Case Caption: District Court or Agency: Judge: The Authors Guild, Inc., et al. SDNY Hon. Denny Chin Date the Order or Judgment Appealed from was Entered on the Docket: District Court Docket No.: 11/27/13 and 12/11/13 05 Civ. 8136 Date the Notice of Appeal was Filed: Is this a Cross Appeal? • -againstGoogle Inc. December 23, 2013 Attorney(s) for Appellant(s): b/Plaintiff Address: Counsel’s Name: Yes ‘ No Telephone No.: Fax No.: E-mail: Telephone No.: Fax No.: E-mail: See attached Exhibit A. Defendant Attorney(s) for Appellee(s): C Plaintiff IDefendant Has Transcript Been Prepared? Address: Counsel’s Name: Dacalyn J. Dune Joseph C. Gratz Dune Tangri, LLP 217 Leidesdorif Street San Francisco, CA 94111 Number of Exhibits Appended to Transcript: Has this matter been before this Circuit previously? None Case Name: Approx. Number of Transcript Pages: 30 Yes (Tel. 41 5-362-6666; fax 415-236-6300; email: (Tel. 415-362-6866; fax 415-236-6300; email: p’ Yes No If Yes, provide the following: Authors Guild, Inc. v. Google Inc. Reporter Citation: (i.e., F.3d or Fed. App.) 2d Cir. Docket No.: 721_F.3d_132_(2d_Cir._2013) 12-3200 CV ADDENDUM “A”: COUNSEL MUST ATTACH TO THIS FORM: (1) A BRIEF, BUT NOT PERFUNCTORY, DESCRIPTION OF THE NATURE OF THE ACTION; (2) THE RESULT BELOW; (3) A COPY OF THE NOTICE OF APPEAL AND A CURRENT COPY OF THE LOWER COURT DOCKET SHEET; AND (4) A COPY OF ALL RELEVANT OPINIONS/ORDERS FORMING THE BASIS FOR THIS APPEAL, INCLUDING TRANSCRIPTS OF ORDERS ISSUED FROM THE BENCH OR IN CHAMBERS. ADDENDUM “B”: COUNSEL MUST ATTACH TO THIS FORM A LIST OF THE ISSUES PROPOSED TO BE RAISED ON APPEAL, AS WELL AS THE APPLICABLE APPELLATE STANDARD OF REVIEW FOR EACH PROPOSED ISSUE. PART A: JURISDICTION 1. Federal Jurisdiction U.S. a party eral question S.notapa 2. Appellate Jurisdiction Order Certified by District Judge (i.e., Fed. R. Civ. P. 54(b)) Diversity Other (specify): Interlocutory Decision Appealable As of Right Other (specify): IMPORTANT. COMPLETE AND SIGN REVERSE SIDE OF THIS FORM. PART B: DISTRICT COURT DISPOSITION 2. Type of Judgment/Order Appealed 1. Stage of Proceedings rial 3. Relief Dismissal/other jurisdiction Default judgment Dismissal/FRCP 12(b)(l) lack of subj. matter ions. Dismissal/FRCP I 2(b)(6) failure to state a claim Dismissal/28 U.S.C. § 19l5(e)(2) frivolous complaint Dismissal/28 U.S.C. § 19l5(e)(2) other dismissal During trial After trial (Check as many as apply) issamerit Judgment / Decision of the Court Declaratory judgment Jury verdict Judgment NOV Directed verdict Other (specify): Damages: Injunctions: Sought: $ Granted: $ d:$ Preliminary Permanent PART C: NATURE OF SUIT (Check as many as apply) 2. Torts 1. Federal Statutes Communications onsumer Protection Copyright o Patent Trademark Election Soc. Security Environmental Antitrust Bankruptcy Banks/Banking Civil Rights Commerce, Energy Commodities Other (specify): Forfeiture/Penalty Real Property Treaty (specify): Other(specify): I 4. Prisoner Petitions Civil Rights Habeas Corpus Mandamus Parole Vacate Sentence Other Admiralty/ Maritime Arbitration Commercial Employment Insurance Negotiable Instruments Other Specify 7. Will appeal raise constitutional issue(s)? 6. General 5. Other I Admiralty/ Maritime Assault / Defamation FELA Products Liability Other (Specify): Freedom of Information Act Immigration Labor OSHA Securities Tax 3. Contracts Arbitration Attorney Disqualification Act Counsel Fees Shareholder Derivative Transfer i/No Will appeal raise a matter of first impression? Yes No No 1. Is any matter relative to this appeal still pending below? 2. To your knowledge, is there any case presently pending or about to be brought before this Court or another court or administrative agency which: Yes No Arises from substantially the same case or controversy as this appeal? (A) (B) Yes, specify: Yes I No Involves an issue that is substantially similar or related to an issue in this appeal? If yes, state whether 0 “A,” or 0 “B,” or C both are applicable, and provide in the spaces below the following information on the other action(s): Name of Appellant: Date: Citation: Docket No. Case Name: The Authors Guild, Inc. v. HathiTrust Court or Agency: Second Circuit 12-4547 The Authors Guild, Inc., et al. January 6, 2014 Signatur f Counsel of Record: NOTICE TO COUNSEL Once you have filed your Notice of Appeal with the District Court or the Tax Court, you have only 14 days in which to complete the following important steps: 1. Complete this Civil Appeal Pre-Argument Statement (Form C); serve it upon all parties, and file it with the Clerk of the Second Circuit in accordance with LR 25.1. 2. File the Court of Appeals Transcript Information/Civil Appeal Form (Form D) with the Clerk of the Second Circuit in accordance with LR 25.1. 3. Pay the$505 docketing fee to the United States District Court or the $500 docketing fee to the United States Tax Court unless you are authorized to prosecute the appeal without payment. PLEASE NOTE: IF YOU DO NOT COMPLY WITH THESE REQUIREMENTS WITHIN 14 DAYS, YOUR APPEAL WILL BE DISMISSED. SEE LOCAL RULE 12.1. Exhibit A Attorneys for Plaintiffs-Appellants: Edward H. Rosenthal Jeremy S. Goldman Frankfurt Kurnit Klein & Selz, P.C. th 10 Floor 488 Madison Avenue, New York, NY 10022 Phone: (212) 980-0120 Fax: (212) 593-9175 Email: Michael J. Boni (pro hac vice) Joshua D. Snyder John E. Sindoni Boni & Zack LLC 15 St. Asaphs Rd. BaJa Cynwyd, PA 19004 Phone: (610) 822-0200 Fax: (610) 822-0206 Email: Robert J. LaRocca (pro hac vice) Kohn Swift & Graf, P.C. One South Broad Street, Suite 2100 Philadelphia, PA 19107 Phone: (215) 238-1700 Fax: (215) 238-1968 Email: Sanford P. Dumain Milberg LLP One Pennsylvania Avenue NewYork,NY 10119 Phone: (212) 594-5300 Fax: (212) 868-1229 Email: Paul Smith Jenner & Block 1099 New York Avenue, NW Washington, DC 20001-4412 Phone: (202) 639-6060 Fax: (202) 639-6066 Email:

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