Cambridge University Press et al v. Patton et al

Filing 296

RESPONSE re 295 MOTION for Leave to File Defendants' Corrected Brief in Opposition to Plaintiffs' Motion In Limine to Preclude the Admission of Recently Created Fair Use Checklists filed by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Rains, John)

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’ RESSPONSE TO DEFENDANTS’ MOTION TO FILE
CORRECTED BRIEF IN OPPOSITION TO PLAINTIFFS’ MOTION IN
LIMINE TO PRECLUDE THE ADMISSION OF RECENTLY CREATED
FAIR USE CHECKLISTS
At approximately 11:30am this morning, a mere five and one-half hours
before Plaintiffs' reply is due, Defendants sought leave from this Court to file a
"Corrected" Opposition Brief to Plaintiffs' Motion in Limine concerning certain
recently created "Fair Use Checklists." Defendants' initial opposition brief was
filed shortly before 5:00pm on May 9, 2011 in accordance with this Court's orders.
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Defendants represent that their "Corrected" brief does not contain substantive
changes, but Plaintiffs disagree with that characterization. The corrected brief
presents a significantly different account from Defendants' initial brief as to
whether or not certain fair use checklists were actually filled out in 2009 and,
therefore, whether the supposed "recreated" checklists are in fact recreations of any
original document at all -- issues at the heart of Plaintiffs' motion.
Because Plaintiffs' reply brief on this Motion in Limine is due today no later
than 5:00pm, Plaintiffs respectfully request that this Court either strike Defendants'
"Corrected" Brief or, at a minimum, extend Plaintiffs' time to file their reply brief.
Respectfully submitted this 11th 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)
Randi Singer (pro hac vice)
Jonathan Bloom (pro hac vice)
Todd D. Larson (pro hac vice)
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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’
RESPONSE TO DEFENDANTS’ MOTION TO FILE CORRECTED BRIEF
IN OPPOSITION TO PLAINTIFFS’ MOTION IN LIMINE TO PRECLUDE
THE ADMISSION OF RECENTLY CREATED FAIR USE CHECKLISTS
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
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This 11th day of May, 2011.
/s/ John H. Rains IV
John H. Rains IV

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