AGENCE FRANCE PRESSE v. GOOGLE INC.

Filing 40

STATUS REPORT by AGENCE FRANCE PRESSE, GOOGLE INC.. (Bain, Scott)

AGENCE FRANCE PRESSE v. GOOGLE INC.

Doc. 40

Case 1:05-cv-00546-GK

Document 40

Filed 03/16/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AGENCE FRANCE PRESSE, Plaintiff and Counter Defendant v. GOOGLE INC., Defendant and Counter Claimant ) ) ) ) ) ) )

Civil Action No. 1:05CV00546 (GK) Next Due Date: March 21, 2006 (Status Conference)

JOINT STATUS REPORT Pursuant to the parties' Jan. 9, 2006 Joint Motion for Modification of the Scheduling Order, granted by the Court at the January 11 hearing, the parties submit the following report on the status of discovery and other matters. After discussion, the parties agreed upon a method of determining a "sample" of fourteen dates on which to examine Google News and AFP's copyright registrations, for the purposes of determining liability or lack thereof for injunctive relief. The method was set forth in the parties' January 23, 2006 Praecipe and Stipulation, which the Court then entered as an Order. The parties subsequently determined the specific sample dates to be as follows: Monday Nov. 17, 2003 Monday Oct. 25, 2004 Tuesday Aug. 12, 2003 Tuesday March 9, 2004 Wednesday January 7, 2004 Wednesday Jan. 12, 2005 Thursday Sept. 25, 2003 Thursday Jan. 6, 2005

Dockets.Justia.com

Case 1:05-cv-00546-GK

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Friday Nov. 28, 2003 Friday Oct. 15, 2004 Saturday Feb. 7, 2004 Sunday February 15, 2004 Sunday Oct. 31, 2004 Sunday February 6, 2005 Pursuant to the Court's Order, Google is to produce by March 31, 2006 the contents of the Google News home page in English and French for every hour on the hour of the above fourteen dates. Google is in the process of collecting such materials, is making good progress, and expects to have them available by March 31. However, in the course of its previouslyuntried process of attempting to reconstruct entire, prior home pages of Google News, Google also has learned of some limitations. Google presently is generating representative samples of what it is able to achieve, and expects to be able to share them with AFP before or shortly after the status conference. Both parties also continue to work on producing additional responsive documents and information, as neither party believes that its outstanding discovery requests have been fully met No depositions have been taken or scheduled to this point, but the parties anticipate that they will begin shortly. As to the possibility of settlement, the parties have not recently had settlement discussions. However, AFP previously identified a "negotiations contact" in its organization, and Google responded today with a similar person in its organization. The parties anticipate

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some discussion in the near future, though to this point do not believe anything has changed their previously-expressed positions.

Respectfully submitted, FOR AFP: /s/ Joshua Kaufman________________ Joshua J. Kaufman (Bar No. 945188) Mary Jane Saunders (Bar No. 436608) VENABLE LLP 575 7th St. NW Washington, DC 20004 202.344.8538 Fax [phone] FOR GOOGLE: /s/ Thomas Kirby_________________ Andrew G. McBride (Bar No. 426697) Bruce G. Joseph (Bar No. 338236) Thomas W. Kirby (Bar No. 915231) Scott E. Bain (Bar No. 466657) WILEY REIN & FIELDING LLP 1776 K St. NW Washington, DC 20006 202.719.7000 Fax: [phone] Attorneys for Google Inc.

Attorneys for Agence France Presse March 16, 2006