Cambridge University Press et al v. Patton et al

Filing 127

Supplemental Initial Disclosures by Ronald Henry, J. L. Albert, Kenneth R. Bernard, Jr, James A. Bishop, Hugh A. Carter, Jr, William H. Cleveland, Robert F. Hatcher, Felton Jenkins, W. Mansfield Jennings, Jr, James R. Jolly, Donald M. Leebern, Jr, Eldridge McMillan, William NeSmith, Jr, Doreen Stiles Poitevint, Willis J. Potts, Jr, Wanda Yancey Rodwell, Kessel Stelling, Jr, Benjamin J. Tarbutton, III, Richard L. Tucker, Allan Vigil, Mark P. Becker, Nancy Seamans. (Attachments: # 1 Exhibit A (Rebuttal Expert Report of Kenneth D. Crews, J.D., Ph.D.)(Swift, Kristen)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

CAMBRIDGE UNIVERSITY PRESS, et al., Plaintiffs, - vs. MARK P. BECKER, in his official capacity as Georgia State University President, et al, Defendants. Civil Action No. 1:08-CV-1425-ODE

DEFENDANTS' SECOND SUPPLEMENTAL INITIAL DISCLOSURES Defendants MARK P. BECKER, in his official capacity as Georgia State University President, et al. (collectively, "Defendants"), pursuant to Local Rule 26.1 and Rule 26 of the Federal Rules of Civil Procedure, and without waiving any claim of attorney-client privilege, work product protection, or trade secret protection, respectfully submit their Second Supplemental Initial Disclosures to Plaintiffs Cambridge University Press, Oxford University Press, Inc., and Sage

Publications, Inc. ("Plaintiffs"). Defendants expressly reserve the right to supplement these disclosures and to introduce additional information in connection with any motion, hearing, or trial as discovery proceeds. 6) 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. For all experts described in Fed. R. Civ. P. 26(a)(2)(B), provide a separate written report satisfying the provisions of that rule. (Attach expert witness list and written reports to Initial Disclosures as Attachment B.) Defendants may use Kenneth D. Crews, J.D., Ph.D. at trial to present evidence under Rules 702, 703, or 705 of the Federal Rules of Evidence. The Rebuttal Expert Report of Kenneth D. Crews is attached as Exhibit A. Respectfully submitted this 2nd day of November, 2009.

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THURBERT E. BAKER Attorney General R. O. LERER Deputy Attorney General

033887 446962

DENISE E. WHITING-PACK 558559 Senior Assistant Attorney General MARY JO VOLKERT Georgia Bar No. 728755 Assistant Attorney General /s/ Kristen A. Swift King & Spalding LLP Anthony B. Askew Georgia Bar No. 025300 Special Assistant Attorney General Stephen M. Schaetzel Georgia Bar No. 628653 Kristen A. Swift Georgia Bar No. 702536 Attorneys for Defendants

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CERTIFICATE OF SERVICE AND TYPE Pursuant to Local Rule 7.1D, the undersigned counsel for Defendants hereby certifies that the foregoing has been prepared with a font size and point selection (Times New Roman, 14 pt.) which was approved by the Court, and that on this 2nd day of November 2009, the foregoing Defendants' Second Supplemental Initial Disclosures was electronically filed with the Clerk of Court using the CM/ECF system which will automatically send email notification of such filing to the following counsel of record: 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]

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

/s/ Kristen A. Swift Kristen A. Swift Georgia Bar No. 702536