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)

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Reed Smith LLP Reed Smith Centre 225 Fifth Avenue Pittsburgh, PA 15222-2716 +1 412 288 3131 Fax +1 412 288 3063 Kim M. Watterson Direct Phone: +1 412 288 7996 Email: 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. NEW YORK  LONDON  HONG KONG  CHICAGO  WASHINGTON, D.C.  BEIJING  PARIS  LOS ANGELES  SAN FRANCISCO  PHILADELPHIA  PITTSBURGH 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

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