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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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)
09/10/2009

Q 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

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 Jouvenmro) (Eered:09/1l/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

Z9 of 204

521

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)

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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:
j09/i1/2009)

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)

09/10/2009

09/10/2009

;o of 204

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)
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)

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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 author
m (Entere 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
[thereforeiornrn the objections that have been presented to th Court by Scott

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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:
# l letter doc) (rnro). (Entered: 09/10/2009)

09/11/2009

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 ofjustice
(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. Cmi) (Entered: 09/1 1/2009)

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 Tam 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. Cmi)
(Eered:09/H/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. Cmi) (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. Cmi) (Entered:
09/11/2009)

09/11/2009

32 of 204

508

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

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American parties. (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)

09/1 1/2009

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

of 204

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

3

540

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

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preservation of charitable assets and further the public purposes of the
unclaimed property laws. (jmi) (Entered: 09/11/2009)
09/11/2009

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

09/11/2009

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548

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

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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)
09/1 1/2009

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
I 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 byUcopyrghaw.mi)(Entered09/1i/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. Cmi)
(Entered: 09/11/2009)

09/1 1/2009

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. Cmi) (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 certifv the class with
regard to non-US Rightsholders. Cmi) (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

5 of 204

555

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

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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

1

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 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

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

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564

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)

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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

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

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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

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Sara Mella.(mro) (Entered: 09/11/2009)
09/11/2009

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

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
associations. Document filed by Norbert Treuheit.(mro) (Entered:
publishing
09/11/2009)

I 09/1 1/2009

575

LETTER addressed to J. Michael McMahon from K.D. Wood dated 9/4/2009
re: Jam 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

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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 foreign publishers and publishing
associations. Document filed by Sven Fund.(mro) (Entered: 09/11/2009)

09/11/2009

580 1 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, mc, 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
I 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)

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09/11/2009

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)

09/11/2009

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583

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

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09/11/2009

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)

09/1 1/2009

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: 09/1 1/2009)

09/1 1/2009

592

LETTER addressed to Sir Michael McMahon dated 9/3/09 re: We, Sanoma
Uitgevers By, 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

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589

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
Hu&Hott, a 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)

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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)

09/11/2009

97 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

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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

t2

598

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)

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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/i 1/2009

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

4 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.(rnro) (Entered: 09/i 1/2009)
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09/11/2009

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: 09/1 1/2009)

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 group of foreign publishers and publishing
associations. Document filed by Oskar Klan.(mro) (Entered: 09/11/2009)

09/i 1/2009

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605

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

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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

of 204

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 NachfGmbH, 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

[4

611

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)

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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

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), Tm 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

of 204

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
(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

[5

614

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

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(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 Ante-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)
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09/11/2009

622

I

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)

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. Cmi) (Entered: 09/14/2009)

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09/11/2009

Transmission to Attorney Admissions Clerk. Transmitted re: Q2 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)

09/1 1/2009

631

LETTER addressed to Office of the Clerk from Kurt Stelifeld dated 9/1/2009
re: Counsel writes to object to the Settlement Agreement. (jfe) (Entered:
09/14/2009)

09/1 1/2009

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. fe) (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

7

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

j

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 TJND UNZER Publishers, a book publisher located in Munich,
Germany. GRAFE UND IJNZER 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

:

628

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:

L_———

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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)__

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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)

640

.

.

..

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)

---------*..-*

--.--------.-..-..

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 RalfFrenzel dated 9/1/2009
re: Counsel writes to object to the Settlement Agreement.. (jfe) (Entered:
09/14/2009)

H-

09/11/2009

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

[8 of 204

649

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

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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

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)

653

_

—

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

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

,

09/11/2009

658

.

—.

—.-.—...—.,———..-,.+—.-—,-——,

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)
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 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

9 of 204

I

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

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09/14/2009)
09/11/2009

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)

09/1 1/2009

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:

09/11/2009

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)

09/1 1/2009

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)

09/1 1/2009

671

LETTER addressed to Judge Denny Chin from Amaud 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

0 of 204

663

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:

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09/11/2009

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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)

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)

-—-I
09/11/2009
681

--

-.

-

VV

V

LETTER addressed to Settlement Administrator dated 9/2/09 re: SATV is
opting out of the settlement in Authors Guild, Inc. et a!. Document filed by
Frank P. Scibilia.(mro) (Entered: 09/14/2009)

09/11/2009

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

51 of 204

682

683

H

LETTER addressed to Judge Denny Chin from Main 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)

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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). (j fe) (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). (j fe) (Entered: 09/14/2009)

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

of 204

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

52

684

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)

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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. (j fe) (Entered: 09/14/2009)

09/11/2009

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
Th Withdraw Appearance On Behaif 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 Behaif 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

3 of 204

698

703

LETTER addressed to J. Michael McMahon from Sander van Vierken 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

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Association of American Publishers. We would like to raise the concerns and
objections listed herein to the Settlement. Document filed by Publishing
House De 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)

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: 09/1 5/2009)

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)

——Wi

09/15/2009

————-——

—

09/15/2009

711

.4

..

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

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

54 of 204

712

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)

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715

OBJECTION OF FREE SOFTWARE FOUNDATION, INC. AND KARL
FOGEL TO PROPOSED SETTLEMENT. Document filed by Karl Fogel,
Free Software Foundation, Inc. (tro) (Entered: 09/1 5/2009)

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 googlebookcasenysd.uscourts.gov by 5:00 p.m. 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. d)
(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
09/21/2009

55 of 204

720 NOTICE of Statement of Interest. Document filed by United States of
America. (Clopper, John) (Entered: 09/18/2009)
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:

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09/21/2009

Transmission to Attorney Admissions Clerk. Transmitted re:
Order on
Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for
updating of Attorney Information. (db) (Entered: 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:

)
2009
21
!
09
f
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)
723

09/21/2009

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)
Transmission to Attorney Admissions Clerk. Transmitted re:
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:
Obj ecti on to the Proposed Settl ement (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 Authors Guild, Herbert Mitgang, Betty
Miles, Daniel Hoffman.(mro)_(Entered: 09/22/2009)

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)Modifledon9/24/2009 (p1). (Entereth 09/24/2009)

---

09/21/2009

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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 ofthe 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
09/22/2009

MOTION for Charles B. Casper to Appear Pro Hac Vice. Document filed by
Microsoft Corporation.(mro) (Entered: 09/22/2009)
732

09/23/2009

09/23/2009

MOTION for Richard Montgomery Donaldson to Appear Pro Hac Vice.
Document filed by Microsoft Corporation.(mro) (Entered:_09/22/2009)
CASHIERS OFFICE REMARK on 717 Motion to Appear Pro Hac Vice, 718
Motion to Appear Pro Hac Vice, 719 Motion to Appear Pro 1-lac Vice, in the
amount of $125.00, paid on 09/15/2009, Receipt Number 700022, 700067 &
700099. (jd) (Entered: 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, JefPearlman 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. (p1) (Entered: 09/24/2009)

09/24/2009

57 of 204

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

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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 certflcate ofservice.
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

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)
± —+—
—H
***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE
ERROR. Note to Attorney Shirley Saed to RE-FILE Document 737 MOTION
for Reconsideration certfIcate ofservice. 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

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

58 of 204

743

739

MEMORANDUM OF LAW in Support re: 738 MOTION for Reconsideration
ofDenial ofMotion 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)

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‘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)
Transmission to Attorney
F Motion to Appear Pro HacAdmissions Clerk. Transmitted re: 74 Order on
Vice, to the Attorney Admissions Clerk for
updating of Attorney Information. (js) (Entered: 09/25/2009)

[09/25/2009

741

ORDER granting 7 Motion for Richard Montgomery Donaldson to Appear
Pro Rae Vice. (Signed by Judge Denny Chin on 9/25/09) (js) (Entered:
09/25/2009)

09/25/2009

Transmission to Attorney Admissions Clerk. Transmitted re: 74j Order on
Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for
updating of Attorney Information. (js) (Entered: 09/25/2009)

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)

09/25/2009

Transmission to Attorney Admissions Clerk. Transmitted re: 742 Order on
Motion to Appear Pro Rae Vice, to the Attorney Admissions Clerk for
updating of Attorney Informationjjs) (Entered: 09/25/2009)

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)

09/28/2009

CASHIERS OFFICE REMARK on 732 Motion to Appear Pro Hac Vice, 731
Motion to Appear Pro Rae Vice in the amount of $50.00, paid on 09/22/2009,
Receipt Number 700437. (jd) (Entered: 09/28/2009)

F

09/28/2009

745

MOTION for Norman W. Marden to Appear Pro Rae Vice. Document filed by
Commonwealth of Pennsy1van(mro) (Entered: 10/01/2009)

09/29/2009

CASHIERS OFFICE REMARK on 743 Motion to Appear Pro Rae 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)

10/01/2009

10/01/2009

9 of 204

746

I

ORDER FOR ADMISSION PRO HAC CE 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) (p1) (Entered: 10/01/2009)

J

ORDER, granting 744 Motion for Mark F. 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

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10/01/2009)
-

-

V.-

.

-

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)
—-—-—-1
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)
-

-

I

10/06/2009

750

_[
10/06/2009

751

-

-

-

ORDER: The Court has received the following requests regarding the status
conference scheduled for October 7,2009, at 10a.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)
***NOTE TO ATTORNEY THAT THE ATTEMPTED HLING 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.
ar)(E tered:10/08/2009)
.

***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)

10/06/2009

-

V

10/07/2009

L

.

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
10/07/2009
V

50

of 204

Transmission of Notice of Appeal to the District Judge re: 752 Notice of
Appeal,. (nd) (Entered: 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)

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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)

10/08/2009

.L..

....

.

-.

,,,—

———-—--.

10/09/2009

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)
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

I

10/14/2009

1

758

I
:
,

.

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)
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

j

51 of 204

-

.

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

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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 1-loelterhoff, 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: # I Affidavit In Support of
Withdrawal)(Hall, Joseph) Modified on 10/29/2009 (jar). (Entered:
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)

10/28/2009

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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 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 Leflcowitz, 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)

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763

AFFIDAVIT of Joseph S. Hall in Support re: 7 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) (p1) (Entered: 11/09/2009)

11/13/2009

768

MOTION to Approve /Notice ofMotion 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
ofMotion for Preliminary Approval ofA mended 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 ofMotion for Preliminary Approval ofAmended 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
-

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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 ± 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: I Complaint filed by 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,
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

11/20/2009

4 MOTION for Reconsideration of Order Granting Preliminary Approval of

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)
Amended Settlement Agreement. Document filed by Amazon.com, Inc. .(Wiles,
Alexander) (Entered: 11/20/2009)

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11/24/2009

776

11/24/2009

11/25/2009

-----

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)
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)

778

12/01/2009

12/01/2009

MEMORANDUM OF LAW in Support re: 7] MOTION for Reconsideration
of Order Granting Preliminary Approval ofAmended Settlement Agreement..
Document filed by Amazon.com, Inc.. (Wiles, Alexander) (Entered:
H/20/2009)

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 2/4/20 10. ENDORSEMENT: SO ORDERED.
(Signed by Judge Denny Chin on 11/25/09) (tro) (Entered: 11/30/2009)
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 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)

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
12/02/2009

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Transmission of Notice of Appeal to the District Judge re: 780 Amended
Notice of Appeal,. (nd) (Entered: 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)

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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)
H

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. lid)
(Entered: 12/04/2009)

0 1/26/2010

783

LETTER addressed to Judge Denny Chin from Dma Cox dated 1/19/10 re:
Proposed Google Book Settlement and I am opting out, filed by Dma 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: 01/27/20 10)

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:
0 1/27/2010)

01/26/2010

786

LETTER addressed to Judge Denny Chin from Jonatha Ceely dated 1/19/20 10
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
1/20/20 10 re: By this letter, I opt out of the proposed settlement in this case.
(jmi) (Entered: 01/27/2010)

0 1/26/2010

7 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: 0 1/27/2010)

01/26/2010

LETTER addressed to Judge Denny Chin from Dma F. 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

‘6 of 204

789

790

LETTER addressed to Judge Denny Chin from Barbara Morrison dated
1/26/20 10 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)

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LETTER addressed to Judge Denny Chin from Paul N. Courant dated
1/18/20 10 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 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 ledition 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

7 of 204

791

797

LETTER addressed to Judge Denny Chin from Sandra Csillag dated
1/18/20 10 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)

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***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

I

***DELETED DOCUMENT. Deleted document number 793 Letter. The
document was filed as a duplicate entry in this case. (djc) (Entered:
01/27/2010)

****DELETED DOCUMENT. Deleted document number 798 letter. The
document was filed as a duplicate entry in this case. (djc) (Entered:

_J

01/26/2010

812

1

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
herewith. (p1) (Entered: 01/27/2010)
filed
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. (p1) (Entered:
01/27/2010)

01/26/2010

813

[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: 01/27/20 10)

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 Blame 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: 01/27/20 10)

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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)

0 1/27/2010

806

LETTER addressed to the Clerk of the Court from Blame 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)

0 1/27/2010

807

LETTER from Niyogi Books dated undated re: OBJECTIONS OF NIYOGI
BOOKS, IPP CATALOGUE PUBLICATIONS, STAR PUBLICATIONS
PVT. LTD., P1J8TAK 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 CIJRIAE,FEDERATION OF
INDIAN PUBLISHERS, THE INDIANREPROGRAPHIC RIGHTS
ORGANIZATION AND PROFESSOR RAVI SHANKER(djc) (Entered:

--

01/27/2010)

0 1/27/2010

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)

0 1/27/2010

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)

0 1/27/2010

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

1

59 of 204

MEMORANDUM OF LAW MEMORANDUM OFAMICUS CURIAE THE
INTERNET ARCHIVE IN OPPOSITION TO AMENDED SETTLEMENT

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AGREEMENT. Document filed by The Internet Archive. (Boccanfuso,
Anthony) (Entered: 01/27/2010)
01/27/2010

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. (p1) (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. (p1)
(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. (p1) (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. (p1) (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. (p1) (Entered: 01/27/20 10)

01/27/2010

70 of 204

814

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

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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. (p1)
(Entered: 01/27/2010)
-

01/27/2010

822

NOTICE of FILING OF OBJECTION TO AMENDED SETTLEMENT.
Document filed by Hachette UK Limited. (Attachments: # I Exhibit
1)(Micheletto,_Robert) (Entered: 01/27/2010)

01/27/2010

823

Objection ofAmazon. corn, Inc., to Proposed Amended Settlement. Document
filed by Amazon.com, Inc.. (Wiles, Alexander) (Entered: 01/27/2010)

01/27/2010

4 NOTICE OF APPEARANCE by Cindy A. Cohn on behalf of Electronic
Frontier Foundation et al. (Cohn, Cindy) (Entered: 01/27/20 10)

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: 01/28/2010)
***DELETED DOCUMENT. Deleted document number 803 LETTER. The
document was incorrectly filed in this case. (ae) (Entered: 03/19/20 10)

01/27/2010
01/28/2010

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: 0 1/28/2010)

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: 0 1/28/2010)

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

71 of 204

825

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

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Jiblishers Association.(dle) (Entered: 01/28/20 10)
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: 01/28/20 10)

01/28/20 10

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: 0 1/28/2010)

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)

0 18/20i 0

LETTERaddressed to Judge Denny Chin from Michel Prigent dated I /2i0
re: objection to the Amended Settlement Agreement. Document filed by
Presses Universitaires de France.(dle) (Entered: 01/28/2010)

01/28/20 10

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

0 1/28/2010

0 1/28/2010

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: 0 1/28/2010)
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate
Parent. Document filed by Science Fiction and Fantasy Writers of America,

838

01/28/2010

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)
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

MEMORANDUM OF LAW SUPPLEMENTAL MEMORANDUM OF
AMICUS CURIAE OPEN BOOK ALLIANCE IN OPPOSITION TO THE
PROPOSED SETTLEMENT BETWEEN THE A UTHORS GUILD, INC.,
ASSOCIATION OFAMERICAN PUBLISHERS, INC., ETAL., AND GOOGLE
INC.. Document filed by Open Book Alliance. (Boccanfuso, Anthony)
(Entered: 01/28/2010)

01/28/2010

72 of 204

840

841

SECOND BRIEF of Consumer Watchdog, Amicus Curiae, in Opposition to
re: 768 MOTION to Approve / Notice ofMotion for Preliminary Approval of
Amended Settlement Agreement. Document filed by Consumer Watchdog.

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01/28/2010

842 lAmicus Curiae APPEARANCE entered by John Burnett Moffis, Jr on behalf
of Center for Democracy & Technology.(Morris, John) (Entered: 0 1/28/2010)

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)
I (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)

0 1/28/2010

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 PEN. Club in Opposition to
Amended Proposed Settlement. Document filed by Japan P.E.N. Club.
(Attachments: # ! 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)

I
0 1/28/2010

851

Objection ofthe State of Connecticut to Amended Class-Action Settlement.
Document filed by Richard Blumenthal CT Attorney General. (Becker, Gary)
(Entered: 01/28/2010)
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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 ofMotion Jbr Preliminary Approval ofAmended 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)
1855 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

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)

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. MeMahon 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: 01/28/20 10)

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 ofMotion for Preliminary
Approval ofA mended 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 AT&T CORP.
(Ho, Derek) (Entered: 01/28/20 10)

0 1/28/2010

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 AT&T
CORP.. (Attachments: # ± 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

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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: # ± Exhibit A, # 2 Exhibit B, # 3 Exhibit
C)(Lazebnik, Ron) (Entered: 0 1/28/2010)

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

01/28/2010

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)

868

01/28/2010

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)
DECLARATION of Pierfrancesco Attanasio in Support re:
Objection
(non-motion). Document filed by Associazone Italiana Editori. (Arato,
Cynthia) (Entered: 01/28/2010)

01/28/2010

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)

01/28/20 10

874

Objection of Microsoft Corporation to Proposed Amended Settlement and
CertJlcation ofProposed Settlement Class and Sub-Classes. Document filed
by Microsoft Corporation._(Rubin, Thomas) (Entered: 0 1/28/2010)

01/29/2010

875lLETTERaddressedto Judge Denny Chin from Teresa Cremisi dated
1/26/20 10 re: We therefore object to the amended settlement agreement by
reference to the 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

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870

876

LETTER addressed to Office of the Clerk, J. Michael McMahon from M. Le
Fanu dated 1/22/20 10 re: In conclusion, our Management Committee and

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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: 0 1/29/2010)
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)

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)

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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
1/28/20 10 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
1/26/20 10 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)

882

LETTER addressed to Judge Denny Chin from Christian Cherdon dated
1/22/20 10 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
1/26/20 10 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 1/26/20 10 re: Requesting that the Court junk Google Book
Settlement 2.0 in favor of something that actually benefits and respects

01/29/2010

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91/29/2010)
01/29/2010

LETTER addressed to Office of the Clerk, J. Michael McMahon from Donic
Bettanin dated 1/22/20 10 re: We wish to lodge an objection to the
Amendments to the Original Google Book Settlement. (jpo) (Entered:
01/29/2010)

--

01/29/2010

LETTER addressed to Judge Denny Chin from Jennifer S. Jackson dated
1/27/20 10 re: The State of Texas writes to object to the Amended Settlement
Agreement. (jpo) (Entered: 01/29/2010)

887

,

/29O1O 889

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LETTER addressed to Office of the Clerk, J. Micha McMahonfrom Stuart
Bernstein dated 1/26/20 10 re: We beseech the Court to give authors back their
rights. Force Google to negotiate like any other publisher. (jpo) (Entered:
01/29/2010)
LETTERaddresdtoWiHiamR Cavanaugh from Joanne Meram 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)

Tt

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)

0 1/29/2010

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 1/27/20 10 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

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890

895

BRIEF OF AMICUS CURIAE PUBLIC KNOWLEDGE IN OPPOSITION
TO THE AMENDED PROPOSED SETTLEMENT. Document filed by
Public Knowledge.(jpo) (Entered: 01/29/2010)

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896

NOTICE of Intent to Appear at the Feb. 18, 2010 Fairness Hearing. Document
filed by Microsoft Corporation. (Rubin, Thomas) (Entered: 02/01/2010)

897

NOTICE OF APPEARANCE by Alexandra A. E. Shapiro on behalf of
Associazone Italiana Editori (Shapiro, Alexandra) (Entered: 02/01/2010)

02/02/20 10

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: 02/02/20 10)

02/02/20 10

899

LETTER addressed to Judge Denny Chin from Lewis Hyde dated 1/27/20 10
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)

I 02/02/20 10

900

LETTER addressed to Judge Denny Chin from James L. Turk dated
1/28/20 10 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, Incjjfe) (Entered: 02/02/2010)

02/02/20 10

903

LETTER addressed to Judge Denny Chin from Ron Lazebrik dated 1/28/2010
re: Counsel writes to inform that SFWA and ASiA 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)

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
AT&T CORP.(mro) (Entered: 02/03/2010)

02/02/2010

907

MOTION for Michael Kerry Kellogg to Appear Pro Hac Vice. Document
filed by AT&T CORP.(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)

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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 02/02/20 10,
Receipt Number 893451. (jd) (Entered: 02/04/2010)

02/04/20 10

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: 02/04/20 10)
-

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 2/5/20 10 (KA). (Entered:
02/04/2010)

02/04/20 10

916

NOTICE of Intent to Appear. Document filed by AT&T CORP.. (Guzman,
Michael) (Entered: 02/04/2010)

02/04/2010

-

T7

-

-

-

NOTICE of to Appear at the Fafrness Hearing. Document filed by Questia
edia Inc.. (Kaplan, Lee)(Entered: 02/04/2010)
-

02/04/2010

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

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918

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

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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, 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 1/28/20 10 re:
Objection to the Settlement Agreement, attached hereto. Document filed by
Sarah E. Cazoneri. (tro) Modified on 2/5/20 10 (tro). (Entered: 02/05/20 10)

02/04/2010

924

02/04/2010

925

PETITION to Withdraw ProQuest LLC’s Objections to the First Proposed
Document filed by Proquest, LLC. (tro) (Entered: 02/05/20 10)
Settlement.
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

02/04/2010

926

i

927

-

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. *Withdra\,,al of Objection
Settlement Agreement attached hereto. (tro) (Entered: 02/05/20 10)

tol

LETTER addressed to Office of the Clerk, J. Michael McMahon from Susan
Bergholz dated 1/26/20 10 re: Objection to the settlement agreement. (tro)
(tro). (Entered: 02/05/2010)
***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF
No. 915 HAS BEEN REJECTED. Note to Attorney Jennifer B.
Document
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: 02/05/20 10)

02/05/2010

02/05/2010

LETTER addressed to Judge Denny Chin from Jennifer B. Coplan dated
2/4/20 10 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

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928

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 Februar 8, 2009 hearing. gpo) (Entered: 02/05/20 W)__

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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 HA, 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)

02/06/20 10

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)
-

-

***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)

02/08/20 10

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) (p1) (Entered:
02/08/2010)

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)

02/09/20 10

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 AT&T Corp. and
its affiliates in this action. (Signed by Judge Denny Chin on 2/9/2010) (tro)
(Entered: 02/11/2010)

02/09/20 10

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 AT&T
Corp. and its affiliates in this action. (Signed by Judge Denny Chin on

1

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2/9/2010)(tro) (Entered: 02/11/2010)
02/09/2010

938

02/10/2010

ENDORSED LETTER addressed to Office of the Clerk, J. Michael McMahon
from Stuart Bernstein dated 2/4/20 10 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)
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

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 Cmi).
(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 ofMotion for Final Approval ofA mended
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 ofMotion and Motion for Approval ofAttorneys’ Fees and
Reimbursement of Costs. Memorandum of Law in Support ofMotion of
Counselfor the Author Sub-Class for an Award ofFees 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

2 of 204

939

944

DECLARATION of Michael J. Boni (w/Exhibits A-E) in Support re: 942
MOTION for Attorney Fees Notice ofMotion 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,

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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)
--

--

02/11/20 10

MOTION to Approve Amended Settlement Agreement /Notice ofMotion for
Final Approval ofA mended 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 [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 ofMotion for Final Approval of
Amended Settlement Agreement. / Memorandum ofLaw 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 ofMotion 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 ofMotion 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

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

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945

j DECLARATION of Jeffrey P. Cunard in Support re: 945 MOTION to
Approve Amended Settlement Agreement / Notice ofMotion for Final
Approval ofAmended 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..

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(Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Cunard, Jeffrey) (Entered:
02/11/2010

952

DECLARATION of Paul Aiken in Support re: 945 MOTION to Approve
Amended Settlement Agreement / Notice ofMotion 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 ofMotion 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: # I 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 ofMotion for Final Approval of
Amended Settlement Agreement.. Document filed by Association of American I
Publishers, Inc., The McGraw-Hill Companies, Inc., Pearson Education, Inc.,
Simon & Schuster, Inc., John Wiley & Sons, Inc.. (Attachments: # I Exhibits
1-5 to Bulger Declaration, # 2 Exhibit 6 to Bulger Declaration)(Keller, Bruce)
(Entered: 02/11/2010)

02/11/2010

SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 945 MOTION
to Approve Amended Settlement Agreement / Notice of Motion for Final
Approval ofAmended Settlement Agreement. /Plaintijfs’ Supplemental
Memorandum Responding to SpecUIc Objections. 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)

02/12/2010

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:
21 9/20 0. (nd) (Entered 02/22/2fl0)

02/24/20 10

of 204

DECLARATION of Katherine Kinsella in Support re: 945 MOTION to
Approve Amended Settlement Agreement / Notice ofMotion for Final
Approval ofA mended 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: # ! Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, #
6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Cunard, Jeffrey)_(Entered: 02/12/20 10)

02/22/2010

4

956

958

Objection [supplemental]. Document filed by David Meininger. (Davis, John)
(Entered: 02/24/2010)

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02/24/2010

959

NOTICE OF APPEARANCE by John W. Davis on behalf of David
Meininger (Davis, John) (Entered: 02/24/2010)

02/25/20 10

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: 2/22/20 10. (nd) (Entered:
02/25/2010)

03/09/20 10

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) (dIe)
(Entered: 03/09/20 10)

03/10/20 10

962

03/10/2010

963

TRANSCRIPT of proceedings held on 2/18/2010 before Judge Richard
Owen. (jfe) (Entered: 03/10/2010)
TRANSCRIPT of proceedings held on 2/18/2010 before Judge Denny Chin.
(jfe) (Entered: 03/10/2010)
--

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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: 03/30/20i0)

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: 04/02/20 10)
CASHIERS OFFICE REMARK on 964 Motion to Appear Pro Hac Vein
the amount of $25.00, paid on 03/25/2010, Receipt Number 898543. d)
(Entered: 04/09/2010)

[04/09/2010

5 of 204

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. d)
(Entered: 04/09/2010)

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09/30/2010

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 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 hA of the Daniel
Patrick Moynihan Courthouse. (Status Conference set for 4/25/2011 at 04:30
PM in Courtroom hA, 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

6 of 204

967

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)
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***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)

04/06/2011

-

04/15/2011

974

ENDORSED LETTER addressed to Judge Denny Chin from Bruce P. Keller
dated 4/14/20 11 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)

07/19/201 1

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

NOTICE OF APPEARANCE by Ilaria Maggioni on behalf of Robert M.
Kunstadt (Maggioni, Ilaria) (Entered: 07/26/20 11)

07/26/2011

978

BRIEF CITATiON OF NEW A UTHORITY (SUPREME CO UR T’S WA L-MA R T
OPINION ON CLASS ACTION CERTIFICATION). Document filed by Robert
M. Kunstadt.(Maggioni, Ilaria) (Entered: 07/26/2011)

08/01/2011

979

TRANSCRIPT of Proceedings re: Conference held on 7/19/2011 before Judge
Denny Chin. Court Reporter/Transcriber: Thomas Murray, [phone].
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 9/5/201 1.
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

87 of 204

977

981

ENDORSED LETTER addressed to Judge Denny Chin from Cohn A.
Underwood dated 9/12/20 1 1 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

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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 9/14/20 11) (1mb)
(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 7/9/20 12 Reply in
support of summary judgment due by 7/30/20 12. Expert deposition from
5/14/12 through 5/25/20 12. 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, [phone].
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

09/21/2011

***DELETED DOCUMENT. Deleted document number 985 Transcript. The
document was incorrectly filed in this case. (tro) (Entered: 09/21/2011)

10/14/20 11

8 of 204

NOTICE OF HLING 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)

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

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filed by Canadian Standard Association, Simon & Schuster, Inc., Herbert
Mitgang, John Wiley & Sons, Inc., Betty Miles, Association of American
Publishers, Inc., Daniel 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 1/23/20 12. Replies due by 2/3/20 12. (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: # I Text of Proposed Order)(Zack, Joanne) (Entered:
12/12/2011)

____

12/12/2011

1

29Q 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

DECLARATION of Joanne Zack in Support re: 989 MOTION to Certifi
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)

12/22/20 11

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

89 of 204

991

993

MEMORANDUM OF LAW in Support re: 992 MOTION to Dismiss Fourth
A mended Complaint.. Document filed by Google Inc.. (Gratz, Joseph)
(Entered: 12/22/2011)

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994

NOTICE of Request for Judicial Notice in Support of Motion to Dismiss
Fourth Amended Complaint re:
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

SCHEDULING ORDER: The following deadlines shall apply: a. Plaintiffs’
opposition to defendant’s motion to dismiss shall be filed by 2/6/20 12; 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 4/3/20 12; e. Fact discovery shall be completed by 4/13/2012.
The remaining 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)

02/06/20 12

997

02/08/20 12

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)
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)

02/08/20 12

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: 02/08/20 12)

-

.—-—--..-.-.—----.-.
--.--

....

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)

02/08/20 12

1002

DECLARATION of E. Gabriel Perle in Opposition re: 989 MOTION to
Certify Class.. Document filed by Google Inc.. (Gratz, Joseph) (Entered:
102/08/2012)
.

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1003

DECLARATION of Joseph C. Gratz in Opposition re: 989 MOTION to
Certify Class.. Document filed by Google Inc.. (Attachments: # I 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 1 OA, # H Exhibit I OB, #
12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit
15, # 17 Exhibit 1 6)(Gratz, Joseph) (Entered: 02/08/2012)

02/08/20 12

1004

DECLARATION of Daniel Clancy in Opposition re: 989 MOTION to Certify
Class.. Document filed by_Google Inc.. (Gratz, Joseph) (Entered: 02/08/20 12)

02/17/20 12

1005

REPLY MEMORANDUM OF LAW in Support re:
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. ***Auorney
Andrew C. DeVore and Amin S. Kassam terminated. (Signed by Judge Denny
Chin on 3/26/2012) (ab) (Entered: 03/27/20 12)

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
3/27/20 12) (js) (Entered: 03/28/20 12)

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: 04/03/20 12)

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: # I 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)

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

1

j
)1 of 204

MOTION for David F. McGowan to Appear Pro Hac Vice. Document filed by
Google Inc..(bwa) (Entered: 04/11/2012)

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1013

04/11/2012

1014

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)

1 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 4/4/20 12) (rjm) (Entered:
04/11/2012)

04/16/20 12

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 5/3/20 12
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. Cd)
(Entered:_04/24/2012)

05/03/2012

Minute Entry for proceedings held before Judge Denny Chin: Motion Hearing
held on 5/3/20 12. 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)

05/15/20 12

SEALED DOCUMENT placed in vault.(mps) (Entered: 05/15/20 12)

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 5/14/20 12) Cs)
(Entered: 05/15/20 12)

05/16/2012

92 of 204

1016

1018

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1019

TRANSCRIPT of Proceedings re: ARGUMENT held on 5/3/2012 before
Judge Denny Chin. Court Reporter/Transcriber: Linda Fisher, [phone].
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 8/20/20 12.(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)

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) ofSupplemental 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: 98
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)

-

I
06/01/2012

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

3 of 204

1024

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

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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 7/27/20 12.
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: 06/19/20 12)

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: 07/23/20 12)

V

r

r

-

07/24/20 12

—

-

CASHIERS OFFICE REMARK on 1029 Motion to Appear Pro Hac Vice in
the amount of $200.00, paid on 07/20/20 12, Receipt Number 1044226. Od)
(Entered: 07/24/20 12)

07/25/20 12

1030

07/25/20 12

MOTION for Babak Siavoshy to Appear Pro Hac Vice. Document filed by
Digital Humanities Scholars and Law Professors.(pgu) (Entered: 07/25/20 12)
g CASHIERS OFFICE REMARK on 1030 Motion to Appear Pro Hac Vice in
the amount of $200.00, paid on 07/25/20 12, Receipt Number 1044640. (jd)
(Entered: 07/25/20 12)

V

*_*H___
07/27/2012
1031 MOTION for Summary Judgment Notice ofDefendant Google Inc. ‘s Motion
for Summary Judgment or in the Alternative Summary Adjudication.
Document filed by Google Inc..(Gratz, Joseph) (Entered: 07/27/2012)
VV_V*___

07/27/2012

1032

VV____

MEMORANDUM OF LAW in Support re:
MOTION for Summary
Judgment Notice ofDefendant Google Inc. Motion/or Summary Judgment
or in the Alternative Summary Adjudication.. Document filed by Google Inc..
(Gratz, Joseph) (Entered: 07/27/2012)
!VQj

V
V

07/27/2012

1033

V

FILING ERROR WRONG EVENT TYPE SELECTED FROM MENU
MEMORANDUM OF LAW in Support re: 1031 MOTION for Summary
Judgment Notice ofDefendant Google Inc. Motion for Summary Judgment
or in the Alternative Summary Adjudication. Local Rule 56.] Statement of
Uncontested Facts in Support ofDefendant Google Inc. ‘is’ Motion for
Summary Adjudication or in the Alternative for Summary Judgment.
Document filed by Google Inc.. (Gratz, Joseph) Modified on 7/27/20 12 (db).
(Entered: 07/27/2012)
-

-

07/27/2012

1034
V

4 of 204

DECLARATION of Judith A. Chevalier in Support re: 1031 MOTION for
Summary Judgment Notice ofDefendant Google Inc. 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)

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1035

DECLARATION of Dan Clancy in Support re: 1031 MOTION for Summary
Judgment Notice ofDefendant Google Inc. Motion for Summary Judgment
or in the Alternative Summary Adjudication.. Document filed by Google Inc..
(Attachments: # I 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 ofDefendant 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 ofDefendant 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)

07/27/20 12

1038

DECLARATION of Kurt Groetsch in Support re: 1031 MOTION for
Summary Judgment Notice ofDefendant 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: 07/27/20 12)

07/27/2012

1040

DECLARATION of Brad Hasegawa in Support re: 1031 MOTION for
Summary Judgment Notice ofDefendant Google Inc. 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. Motion for Summary
Judgment or in the Alternative Summary Adjudication.. Document tiled 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 ofDefendant Google Inc. ‘c 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

-

I

95

of 204

***NOTE TO ATTORNEY TO RE-FILE DOCUMENT EVENT TYPE
ERROR. Note to Attorney Joseph C. Gratz to RE-FILE Document 1033

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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 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 ofDefendant
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 ofMotion for Partial
Summary Judgment (Public Version). Document filed by Jim Bouton, Joseph
Goulden, Betty Miles, The Authors Guild.(Zack, Joanne) (Entered:
08/03/2012)

08/03/20 12

1050

MEMORANDUM OF LAW in Support re: 1049 MOTION for Summary
Judgment Plaint(ffs’ Notice ofMotion for Partial Summary Judgment (Public
Version). (Redacted). Document filed by Jim Bouton, Joseph Goulden, Betty
Miles, The Authors Guild. (Zack, Joanne) (Entered: 08/03/20 12)

08/03/2012

1051

MOTION to File Amicus Brief IN PARTIAL SUPPORT OF DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE
SUMMARYADJUDICATION. Document filed by Digital Humanities
Scholars and Law Professors.(Siavoshy, Babak) (Entered: 08/03/20 12)

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 SUMMARYADJUDICATION.. Document filed by Digital
Humanities Scholars and Law Professors.(Siavoshy, Babak) (Entered:
08/03/2012)

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08/03/2012

1053

DECLARATION of Joanne Zack in Support re: 1049 MOTION for Summary
Judgment Plaintiffs’ Notice ofMotion for Partial Summary Judgment (Public
Version).. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The
Authors Guild. (Attachments: # I 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 38-4 1, # 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: 08/03/20 12)

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 SUMMARYADJUDICATION. (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 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: 08/09/20 12)

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). (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

REPLY to Response to Motion re: 1047 MOTION for Leave to File Amici
Curiae Brief in Support of Defendant 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

)7 of 204

1058

1059

REPLY MEMORANDUM OF LAW in Support re: 1051 MOTION to File
Amicus Brief IN PARTIAL SUPPORT OF DEFENDANT’S MOTION FOR
SUMMAR YJUDGMENT OR IN THE ALTERNATIVE SUMMARY
ADJUDICATION.. Document filed by Digital Humanities Scholars and Law
Professors. (Siavoshy, Babak) (Entered: 08/15/2012)

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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 crossmotions 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 ofDefendant 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 12/4/20 12 at 02:00 PM
before Judge Denny Chin.) (Signed by Judge Denny Chin on 8/17/20 12)
(1mb) (Entered: 08/17/2012)
—

08/28/2012

08/29/20 12

09/17/2012

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USCA Appeal Fees received $ 455.00 receipt number 465401046514 on
08/16/2012 re: 1057 USCA Order granting leave to appeal pursuant to FRAP
(nd) (Entered: 08/28/2012)
23(f).
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 8/28/20 12) (1mb) (Entered: 08/29/2012)
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

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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 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

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 ofjudicial 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
j7/12/2013 (ft). (Entered: 07/01/2013)

07/08/2013

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1064

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

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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 8/26/20 13, Replies due by 9/9/2013.), ( Oral Argument set
for 9/23/20 13 at 02:30 PM before Judge Denny Chin.) (Signed by Judge
Denny Chin Sitting by Designation on 7/8/20 13) (rsh) (Entered: 07/09/2013)
08/26/2013

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 8/27/20 13.)
(Signed by Judge Denny Chin on 8/26/20 13) (ja) (Entered: 08/26/20 13)

08/26/2013

1070

MEMORANDUM OF LAW in Opposition re: 1031 MOTION for Summary
Judgment Notice ofDefendant 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:
0

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 Plaintffs’ Notice ofMotion for Partial Summary Judgment (Public
Version). Defendant Google inc. Opposition to Plaintffs’ 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 ofDefendant 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:
# I Exhibit 1 (Part I of 3), # 2 Exhibit 1 (Part 2 of 3), # 3 Exhibit I (Part 3 of
3), # 4 Exhibit 2 (Part 1 of 3), # 5 Exhibit 2 (Part 2 of]), # 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 1 0)(Boni, Michael) (Entered:
08/26/2013)

08/26/2013

)0 of 204

1069

1074

DECLARATION of Paul Aiken in Opposition re: 1031 MOTION for
Summary Judgment Notice ofDefendant 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:
#! 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: 08/26/20 13)

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08/26/2013

DECLARATION of Joseph C. Gratz in Opposition re: 1049 MOTION for
Summary Judgment Plaintffs’ Notice ofMotion for Partial Summary
Judgment (Public Version).. Document filed by Google Inc.. (Attachments: #
I 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 Plaintffs’ Notice ofMotion 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: 08/26/20 13)

08/26/20 13

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: 08/27/20 13)

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
9/16/20 13.) (Signed by Judge Denny Chin, Sitting by Designation on
8/29/20 13) (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)

09/09/2013

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1075

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

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Google Inc.. (Gratz, Joseph) (Entered: 09/09/2013)
09/16/2013

1085

REPLY MEMORANDUM OF LAW in Support re: 1049 MOTION for
Summary Judgment Plaintffs’ Notice ofMotion for Partial Summary
Judgment (Public Version).. Document filed by Jim Bouton, Joseph Goulden,
Betty Miles, The Authors Guild. (Boni, Michael) (Entered: 09/16/20 13)

10/03/2013

1086

TRANSCRIPT of Proceedings re: ARGUMENT held on 9/23/20 13 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: 10/03/20 13)

11/14/2013

1088

OPINION re: #103753 1031 MOTION for Summary Judgment Notice of
Defendant Google Inc. Motion for Summary Judgment or in the Alternative
Summary Adjudication filed by Google Inc., 1049 MOTION for Summary
Judgment Plaintffs’ Notice ofMotion 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 ofjudgment 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

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12/06/2013

1090

12/09/20 13

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)
-

***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
or sI. (db) (Entered: 12/09/2013)
Signature
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)
-

12/10/2013

1091

_.__

12/23/2013

12/23/2013
12/23/2013

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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
0208-920416 1. Form C and Form Dare due within 14 days to the Court of
Appeals, Second Circuit, (Rosenthal, Edward) (Entered: 12/23/20 13)
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)
Appeal Record Sent to USCA (Electronic File). Certified Indexed record on
Appeal Electronic Files ONLY for LQ 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
ANYAND ALL NON-ECF DOCUMENTS, ONCE THE CASE IS
OPENED IN THE SECOND CIRCUIT) (nd) (Entered: 12/23/2013)

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