Marcy Johnson v. West Publishing Corporation

Filing 4

28(j) citation filed by Petitioner West Publishing Corporation w/service 09/29/2011 - FOR CAL. [3834077] [11-8020] (KMW)

Reed Smith LLP
Reed Smith Centre
225 Fifth Avenue
Pittsburgh, PA 15222-2716
[phone]
Fax [phone]
reedsmith.com

Kim M. Watterson
Direct Phone: [phone]
Email: [e-mail]

September 29, 2011

Mr. Michael E. Gans, Clerk of Court
United States Court of Appeals
for the Eighth Circuit
Thomas F. Eagleton U.S. Courthouse
111 South 10th Street, Room 24.329
St. Louis, Missouri 63102
Re:

Marcy A. Johnson v. West Publishing Corporation
Case No. 11-8020

Dear Mr. Gans:
Pursuant to Federal Rule of Appellate Procedure 28(j), Petitioner West
Publishing Corporation submits the Seventh Circuit’s opinion in Graczyk v. West
Publishing Company, No. 10-1193 (Sept. 28, 2011), which affirmed the district
court’s dismissal of a complaint filed against West—a complaint that is identical to
the complaint at issue in West’s petition here—asserting claims under the Drivers’
Privacy Protection Act, 18 U.S.C. § 2721, et seq.
In this Court, West has filed a petition pursuant to Section 1292(b) seeking
interlocutory review of the district court’s order denying West’s motion for judgment
on the pleadings. West’s petition points out that the district court’s order addresses a
legal issue—the interpretation of the DPPA—on which there is a substantial ground
for difference of opinion, citing as support several federal district and appellate court
decisions coming to a different conclusion than the one the district court reached in
denying West’s motion. (Petition at 13-16). The Seventh Circuit’s decision in
Graczyk is yet another federal appellate court decision that further supports West’s
petition. A copy of the Seventh Circuit’s opinion in Graczyk is attached.

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OAKLAND  MUNICH  ABU DHABI  PRINCETON  NORTHERN VIRGINIA  WILMINGTON  SILICON VALLEY  DUBAI  CENTURY CITY  RICHMOND  GREECE

Mr. Michael E. Gans
September 29, 2011
Page 2
Very truly yours,
/s/ Kim M. Watterson
Kim M. Watterson
KMW/hh
Enclosures
cc:

All counsel of record