Cambridge University Press et al v. Patton et al

Filing 274

MOTION in Limine To Preclude the Admission of Recently Created Fair Use Checklistsby Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Rains, John)

Download PDF
E X H I B I T K Ann C. Kruger, Ph.D. April 22, 2011 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION CAMBRIDGE UNIVERSITY PRESS, OXFORD UNIVERSITY PRESS, INC., and SAGE PUBLICATIONS, INC., Plaintiffs, CIVIL ACTION FILE NO. 1:08-CV-1425-ODE vs. MARK P. BECKER, in his official capacity as Georgia State University President, et al., Defendants. ~~~~~~~~~~~~~~~~~~~~~~~~~~ VIDEOTAPE DEPOSITION OF ANN CALE KRUGER, Ph.D. April 22, 2011 2:56 p.m. Conference Room 16-K 1180 Peachtree Street, N.E. Atlanta, Georgia S. Julie Friedman, CCR-B-1476 EXHIBIT K - 1 Ann C. Kruger, Ph.D. April 22, 2011 23 1 2 Q. The date on this particular checklist, Kruger TX-2, is fall 2009. Do you see that? 3 A. I do. 4 Q. Did you complete a version of this 5 checklist in the fall of 2009? 6 A. I did. 7 Q. With respect to the specific copy, Kruger 8 TX-2, dated fall 2009, is this a copy of your 9 original checklist? 10 A. No. 11 Q. Can you explain. 12 Is this a -- Is it a re-creation of your original checklist? 13 A. It is. 14 Q. And why did you re-create your original 15 checklist? 16 17 18 19 A. Excuse me. I could not locate my printed copy. Q. Did you believe you kept a printed copy of the checklist? 20 A. I did. 21 Q. What -- 22 belief? 23 A. What is the basis for your It's my practice to complete the checklist 24 on my computer. 25 have doesn't allow me to save it as a completed form. However, the version of Adobe that I EXHIBIT K - 2 Ann C. Kruger, Ph.D. April 22, 2011 79 1 MS. MOFFITT: Same objection. 2 THE WITNESS: On Page 6 of the syllabus, 3 it indicates, "All required readings are 4 available online through GSU eReserves." 5 Q. (By Mr. Bloom) Okay. Let me just go back 6 and ask you the same question with respect to Kruger 7 TX-1, which is the fall of 2008 syllabus. 8 MS. MOFFITT: Same objection. 9 THE WITNESS: Page 6 of that syllabus 10 indicates that all the readings were available 11 through Ereserves. 12 Q. (By Mr. Bloom) Okay. Now, Dr. Kruger, 13 you testified that the fair use checklists that we -- 14 that Miss Moffitt asked you about were re-created -- 15 A. Uh-huh. 16 Q. -- is that correct? 17 A. That's right. 18 Q. Because you couldn't locate the checklists 19 that you completed in 2009, correct? 20 A. Right. 21 Q. Okay. Are you certain sitting here today 22 that the re-created checklists are identical to the 23 original checklists that you completed and could not 24 locate? 25 A. I can't confirm that they are identical. EXHIBIT K - 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?