Cambridge University Press et al v. Patton et al

Filing 124

Supplemental Initial Disclosures by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit A - Expert Report of Robert B.K. Dewar, # 2 Exhibit B - Expert Report of Debra J. Mariniello, # 3 Exhibit C - Expert Report of Steven M. Sheffrin)(Krugman, Edward)

Cambridge University Press et al v. Patton et al

Doc. 124

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA, ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, OXFORD UNIVERSITY PRESS, INC., and SAGE PUBLICATIONS, INC., Plaintiffs, - v. MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. Civil Action No. 1:08-CV-1425-ODE

PLAINTIFFS' SUPPLEMENTAL INITIAL DISCLOSURES Plaintiffs hereby supplement their initial disclosures as follows: (1) State precisely the classification of the cause of action being filed, a brief factual outline of the case including plaintiff's contentions as to what defendant did or failed to do, and a succinct statement of the legal issues in the case. In addition to the outline of the case set forth in the initial disclosures, Plaintiffs state the following: Seven months into the discovery process in this action, Defendants informed the Plaintiffs that the University System of Georgia Board of Regents
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had unilaterally revised its copyright policies. Defendants claimed that this development would alter practice at GSU going forward (and thus the litigation as well). However, the deposition testimony and the documents produced under Defendants' continuing discovery obligations have demonstrated that the new policy has changed little, if anything, in terms of copyright compliance at GSU. Georgia State University's unauthorized and infringing uses of Plaintiffs' works have continued unabated under the auspices of this new policy. (4) Provide the name of any person who may be used at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence. Plaintiffs may use the following individuals at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence: Robert B. K. Dewar, Debra Mariniello, and Steven Sheffrin. The Expert Reports of Robert Dewar, Debra Mariniello, and Steven Sheffrin are attached hereto as Exhibit A, B, and C, respectively.

Name Robert B. K. Dewar, President and CEO, Ada Core Technologies

Last Known Address and Telephone Number 1591 Carpenter Hill Road, Bennington VT, 05201 [phone]

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Debra Mariniello, Director, Rightsholder Relations & Inventory Strategy, Copyright Clearance Center Steven Sheffrin Professor of Economics, University of California, Davis

Copyright Clearance Center 222 Rosewood Drive Danvers, MA 01923 [phone] University of California, Davis One Shields Avenue Davis, CA 95616 [phone]

Respectfully submitted this 15th day of October, 2009.

/s/ Edward B. Krugman Edward B. Krugman [e-mail] Georgia Bar No. 429927 John H. Rains IV [e-mail] Georgia Bar No. 556052 BONDURANT, MIXSON & ELMORE, LLP 1201 West Peachtree Street NW Suite 3900 Atlanta, GA 30309 Telephone: [phone] Facsimile: [phone]

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R. Bruce Rich Randi Singer Todd D. Larson WEIL, GOTSHAL & MANGES LLP 767 Fifth Avenue New York, New York 10153 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs

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CERTIFICATE OF SERVICE I hereby certify that I have this filed the foregoing PLAINTIFFS' SUPPLEMENTAL INITIAL DISCLOSURES with the Clerk of Court using the CM/ECF filing system which will automatically send e-mail notification of such filing to opposing counsel as follows: Anthony B. Askew, Esq. Stephen M. Schaetzel, Esq. Katrina M. Quicker, Esq. John P. Sheesley, Esq. Kristen A. Swift, Esq. C. Suzanne Johnson, Esq. Laura E. Gary, Esq. King & Spalding 1180 Peachtree Street Atlanta, Georgia 30309 Mary Jo Volkert, Esq. Assistant S. Attorney General 40 Capitol Square Atlanta, Georgia 30334 This 15TH day of October 2009.

/s/Edward B. Krugman

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