Cambridge University Press et al v. Patton et al

Filing 291

MOTION to Amend Trial Exhibit List attached to the 278 Proposed Pretrial Order by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit G-1)(Rains, John) Modified on 5/10/2011 in order to update docket text (ank).

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

CAMBRIDGE UNIVERSITY
PRESS, OXFORD UNIVERSITY
PRESS, INC., and SAGE
PUBLICATIONS, INC.,

Civil Action No. 1:08-CV-1425-ODE

Plaintiffs,
-vMARK P. BECKER, in his official
capacity as Georgia State University
President, et. al.
Defendants.

PLAINTIFFS’ MOTION TO AMEND THEIR TRIAL EXHIBIT LIST
Plaintiffs Cambridge University Press, Oxford University Press, Inc.,
and SAGE Publications, Inc. (collectively, “Plaintiffs”) hereby move to amend
Plaintiffs’ Trial Exhibit List, Attachment G-1 to the Pretrial Order (Docket No.
278), to add (a) three exhibits previously produced during the discovery phase of
the case but inadvertently omitted from Plaintiffs’ Exhibit list; and (b) four
documents that Plaintiffs located or obtained in responding to Defendants’ Motion

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in Limine to Exclude Evidence of Alleged Infringement of Improperly-Asserted
Copyrights.
The first category includes three documents that Plaintiffs identified
subsequent to preparation of their Trial Exhibit List that were inadvertently left off
the list: an author agreement between Oxford University Press, Inc. and the estate
of John Blassingame (OUP900003-OUP900005), and two ERes reports for Fall
2005 and Spring 2006 semesters (GSU007945.011.xls-000001-000441 and
GSU007945.003.xls-000001-000324). All three are documents previously
produced by or to Defendants in the course of discovery, so there is no discernible
prejudice to Defendants in allowing Plaintiffs to add these documents to their Trial
Exhibit List in advance of trial. Indeed, two of the three documents (the ERes
reports) come from Defendants’ own files.
In the course of responding to Defendants’ Motion in Limine to Exclude
Evidence of Alleged Infringement of Improperly-Asserted Copyrights, Plaintiffs
last week located four additional documents. These documents, described in the
Declaration of Niko Pfund submitted in opposition to Defendants’ Motion, include
author agreements for Vocabulary and Writing: A Resource Book for Teachers
obtained from Oxford’s UK affiliate, and two contributor contracts for
Evolutionary Medicine and Women’s Health. Because Defendants’ Motion in
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Limine was filed on April 29, 2011, the same day as the Pretrial Order, Plaintiffs
were not able to include these additional documents on their Trial Exhibit List as
submitted to the Court on that day. These agreements are similar in form and
nature to dozens of other similar agreements produced by Plaintiffs, so there can be
no prejudice caused by adding them to Plaintiffs’ Trial Exhibit List. (Defendants
have not, for example, taken depositions of Plaintiff witnesses regarding the works
on the parties’ March 15, 2011 Joint Filing of alleged infringements where they
might have examined Oxford witnesses on these documents.)
For these reasons, Plaintiffs respectfully request that the Court enter the
Proposed Order allowing them to amend their Trial Exhibit List to add the
documents described above. A copy of the revised Exhibit List, Attachment G-1 to
the Pretrial Order, is provided with the Proposed Order.
Respectfully submitted this 9th day of May, 2011.
/s/ John H. Rains IV
Edward B. Krugman
Georgia Bar No. 429927
John H. Rains IV
Georgia Bar No. 556052
Bondurant, MixSon & Elmore, LLP
1201 West Peachtree Street NW
Suite 3900
Atlanta, GA 30309
[phone]
R. Bruce Rich (pro hac vice)
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Randi Singer (pro hac vice)
Jonathan Bloom (pro hac vice)
Todd D. Larson (pro hac vice)
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York 10153
Attorneys for Plaintiffs

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CERTIFICATE OF COMPLIANCE
Pursuant to Local Rule 7.1(D), I hereby certify that this document complies
with the font and point selections set forth in Local Rule 5.1. This document was
prepared in Times New Roman 14 point font.
/s/ John H. Rains IV
John H. Rains IV

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CERTIFICATE OF SERVICE
I hereby certify that I have this day filed the foregoing PLAINTIFFS’
MOTION TO AMEND THEIR TRIAL EXHIBIT LIST with the Clerk of
Court using the CM/ECF filing system which will send e-mail notification of such
filing to opposing counsel as follows:
Stephen M. Schaetzel, Esq.
Kristen A. Swift, Esq.
C. Suzanne Johnson, Esq.
Mary Katherine Bates, Esq.
KING & SPALDING
1180 Peachtree Street
Atlanta, Georgia 30309
Katrina M. Quicker, Esq.
BALLARD SPAHR, LLP
999 Peachtree Street, Suite 1000
Atlanta, Georgia 30309
Anthony B. Askew, Esq.
McKeon, Meunier, Carlin & Curfman, LLC
817 W. Peachtree Street, Suite 900
Atlanta, GA 30308
Mary Jo Volkert, Esq.
Assistant S. Attorney General
40 Capitol Square
Atlanta, Georgia 30334
This 9th day of May, 2011.
/s/ John H. Rains IV
John H. Rains IV
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