Cambridge University Press et al v. Patton et al

Filing 290

RESPONSE in Opposition re 274 MOTION in Limine To Preclude the Admission of Recently Created Fair Use Checklists filed by J. L. Albert, Mark P. Becker, Kenneth R. Bernard, Jr, Larry R. Ellis, Rutledge A. Griffin, Jr, Robert F. Hatcher, C. Thomas Hopkins, Jr, W. Mansfield Jennings, Jr, James R. Jolly, Donald M. Leebern, Jr, William NeSmith, Jr, Risa Palm, Doreen Stiles Poitevint, Willis J. Potts, Jr, Neil L. Pruitt, Jr, Wanda Yancey Rodwell, Nancy Seamans, Kessel Stelling, Jr, Benjamin J. Tarbutton, III, Richard L. Tucker, Larry Walker, Philip A. Wilheit, Sr. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Bates, Mary)

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1 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 File No. 1:08-CV-1425-ODE - - Videotaped deposition of JENNIFER ESPOSITO, PH.D., taken on behalf of the plaintiffs, pursuant to the stipulations contained herein, before Teresa Bishop, RPR, RMR, CCR No. B-307, at 104 Marietta Street, SB-2 Conference Room, Atlanta, Georgia, on Thursday, February 3, 2011, commencing at the hour of 9:09 a.m. _______________________________________________________ Shugart & Bishop Certified Court Reporters Suite 140 13 Corporate Square Atlanta, Georgia 30329 (770) 955-5252 SHUGART & BISHOP 2 1 I N D E X 2 3 Examinations Page 4 5 6 EXAMINATION BY MR. LARSON 6 7 EXAMINATION BY MR. ASKEW 113 8 FURTHER EXAMINATION BY MR. LARSON 116 9 10 11 E X H I B I T S 12 13 No. Description Page 14 15 1 16 17 2 3 27 syllabus for EPSF 8280 from 28 summer of 2009 semester 4 22 23 printout from the GoSolar system showing summer 2009 and fall 2009 courses 20 21 9 web site 18 19 bio and CV from the Georgia State syllabus for EPRS 8520 from fall of 36 2009 semester 5 photocopy of cover and table of 24 contents from the "Handbook Of 25 Qualitative Research" Second Edition SHUGART & BISHOP 45 28 1 A. Yes. 2 Q. And this indicates that there were it looks 3 like 22 students in the class. 4 your recollection? Is that accurate, to 5 A. Yes. 6 Q. Can you turn to the second page which is a 7 similar printout for the fall semester of 2009. 8 appears to indicate that you taught a class called EPRS 9 8520 in the fall semester. 10 This Does that square with your recollection? 11 A. Yes. 12 Q. And is it correct that you had 14 students in 13 the class? 14 A. Yes. 15 Q. Let me give you a document identified as 16 Esposito 3. 17 the EPSF 8280 class that we were just -- Do you recognize this as your syllabus from 18 A. Yes. 19 Q. -- discussing from the summer of 2009? 20 A. Yes. 21 Q. Is it a graduate course or an undergrad 22 course? 23 A. Graduate. 24 Q. And if you turn to page 2 there's -- you'll 25 see about four lines down a star, additional readings SHUGART & BISHOP 36 1 Q. Would you have reason to believe that the work 2 was not made available and hit 62 times during that 3 semester? 4 A. I don't believe I said that with Gordon. I 5 think I said that I thought the one that wasn't made 6 available was Tedlock. 7 Q. Yeah, I'm not trying to suggest otherwise. I 8 think, correct me if I'm wrong, you just couldn't recall 9 with the Gordon one way or the other, that is right? 10 A. That's correct. 11 Q. And do you have any reason to believe that the 12 work wasn't made available and hit 62 times during that 13 time range? 14 A. No. 15 Q. All right. Let's turn to Esposito 4. Do you 16 recognize this as the syllabus for EPRS 8520 from the 17 fall of 2009 semester? 18 A. Yes. 19 Q. Can you take a look at page 4 for me. Is it 20 correct that the entries where you provide the full 21 title of the excerpt and book are EReserves entries, for 22 example, the Corrine Glesne and Denzin and Lincoln? 23 A. Yes. Some are full text articles that the 24 library owns a license to. 25 full text articles that the library owns a license to. The majority of them are SHUGART & BISHOP 93 1 2 Q. Can you look back at Esposito 4 for me. That's the syllabus for the fall 2009 course. 3 A. Yes. 4 Q. Do you know whether you completed -- I'm 5 sorry. 6 If you could turn to page 5. Do you know whether you completed the 7 checklist for the Charmaz excerpts that are identified 8 here? 9 A. I did. 10 Q. You did. 11 12 And do you still -- is that still in your possession? A. I don't believe it is. I removed that from 13 the course reserves, so because I didn't require it I 14 may have discarded it. 15 16 Q. You say you may have. Do you know whether you did or didn't discard it? 17 A. I'm not sure. 18 Q. So you did do a checklist, but you don't know 19 20 21 22 sitting here whether you have it or not? A. Yes. MR. LARSON: All right. We'd request a copy of that, Tony, if it does exist. 23 MR. ASKEW: You can include that in your 24 letter to me about what you'd like to have. 25 BY MR. LARSON: SHUGART & BISHOP 94 1 Q. If you can flip to page 8. There are entries 2 there we discussed for the 11/19 column or row for the 3 "Handbook Of Mixed Methods" and the Creswell and Clark 4 entries, do you see those? 5 A. Yes. 6 Q. Did you complete checklists for those works? 7 A. Yes. 8 Q. And do you know whether you have those in your 9 10 possession or not? A. Again, these were, as I said, removed from my 11 requirement, my required reading, so they were not put 12 on reserve so I don't think I have the checklists. 13 Most likely if I did not send my checklist to 14 legal affairs, then I don't have those checklists. 15 removed it from the syllabus, you know, there was no 16 point to continue holding on to it because they weren't 17 made available to students. 18 19 Q. If I Do you recall actually affirmatively deleting your copy of those checklists? 20 A. I don't recall. 21 Q. Okay. 22 A. Well, when you say delete, I don't do it 23 24 25 online. Q. So you may have and you may not? I print them out and do hard copies. So do you recall affirmatively throwing away your hard copies of the checklists for those two works? SHUGART & BISHOP 95 1 A. I don't recall. 2 Q. So you may have them or you may not, you just 3 4 don't know? A. Most likely I don't because when I was asked 5 to send my checklists to legal affairs, I looked through 6 my files. 7 8 9 10 11 Q. And they -- these checklists had you retained them would be in those files? A. Most likely. I mean, my office is a mess, they could be other places. Q. And if you could turn to page 9, Anfara, 12 Vincent and Mertz entry there. 13 checklist for those works? Did you complete a 14 A. Yes. 15 Q. And same question, do you have that in your 16 possession? 17 A. Not with me, no. 18 Q. I mean your possession at your office or home 19 or wherever. 20 A. Again, I'm not sure. 21 Q. Same, for the same reason you've described for 22 23 24 25 the others? A. Yes. Those were not -- this was not required by the students, so I removed it from course reserves. Q. And possibly then discarded the checklist you SHUGART & BISHOP 96 1 had filled out? 2 A. I might have. 3 Q. Or you might still have it? 4 A. (Nods head affirmatively.) 5 Q. Okay. 6 Exhibit 18. 7 Let me give you what's been marked as Strike that. 8 9 Do you recognize this as the -- sorry. Do you recognize this as the declaration you completed in this case last April? 10 A. Yes. 11 Q. Tell me how did it come about that you 12 submitted this declaration? 13 A. I was asked to by someone from legal affairs. 14 Q. Who was that? 15 A. I don't remember. 16 Q. And then what happened, did you sit down and 17 draft it or have a conversation or how did the process 18 work? 19 A. I honestly don't remember. 20 Q. Did you write this declaration or was it 21 22 drafted and then you signed off on it? A. I think it was -- I don't think I -- yeah, I 23 think I signed off on it after I was asked questions and 24 asked to make statements about my answers to the 25 questions. So I think someone was, you know, like SHUGART & BISHOP

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