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]
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: dduriedurietangri.com)
(Tel. 415-362-6866; fax 415-236-6300; email: jgratzdurietangri.com)
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: erosenthal@fkks.com
jgoldmanfkks.com
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: 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
Phone: (215) 238-1700
Fax: (215) 238-1968
Email: rlarocca@kohnswift.com
Sanford P. Dumain
Milberg LLP
One Pennsylvania Avenue
NewYork,NY 10119
Phone: (212) 594-5300
Fax: (212) 868-1229
Email: sdumain@milberg.com
Paul Smith
Jenner & Block
1099 New York Avenue, NW
Washington, DC 20001-4412
Phone: (202) 639-6060
Fax: (202) 639-6066
Email: psmithjenner.com
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