Cambridge University Press et al v. Patton et al
REPLY BRIEF re 273 MOTION in Limine to Overrule Objections to Evidence of Alleged Infringements filed by Cambridge University Press, Oxford University Press, Inc., Sage Publications, Inc.. (Attachments: # 1 Exhibit A)(Rains, John)
Schaetzel, Steve; Larson, Todd; Edward B. Krugman
Askew, Tony; Harbin, John; Moffitt, Natasha; Quicker, Katrina M. (Atlanta); Rich, Bruce; Bloom, Jonathan; John
H. Rains IV
RE: Deposition Scheduling
Monday, April 18, 2011 12:38:54 PM
Yes, we confirm that Professor Kaufmann will not be deposed again and that Plaintiffs are
withdrawing the allegation of infringement as to Professor Lloyd such that Professor Lloyd will not
be deposed. In addition, we also discussed that:
· To the extent Defendants go forward with any "depositions to preserve testimony for
trial," it is explicitly without waiver by Plaintiffs. Plaintiffs expressly reserve and do not
waive the right to object to any attempts by Defendants to introduce any deposition
testimony of witnesses who are not unavailable within the meaning of the Federal Rules of
Evidence and the Federal Rules of Civil Procedure. The parties agree that these depositions
are going forward in the interests of time and in the spirit of cooperation, but that Plaintiffs
expressly reserve the right to argue that such deposition testimony is precluded by the
· Notwithstanding the fact that there is no prior agreement between the parties as to the
duration of these depositions, Plaintiffs will attempt to conduct depositions in an efficient
manner. The parties acknowledge, however, that to the extent Defendants intend to take
"depositions to preserve testimony for trial," the proposed scheduling set forth in your
email yesterday may not work.
· You will inquire whether King & Spalding is authorized to accept service of trial subpoenas
for professors and/or administrators.
We look forward to hearing from you as to the location of these depositions.
Randi W. Singer
Weil, Gotshal & Manges LLP
767 Fifth Avenue
New York, NY 10153
+1 212 310 8152 Direct
+1 212 310 8007 Fax
From: Schaetzel, Steve [mailto:SSchaetzel@KSLAW.com]
EXHIBIT A - 1
Sent: Monday, April 18, 2011 12:26 PM
To: Singer, Randi; Larson, Todd; 'email@example.com'
Cc: Askew, Tony; Harbin, John; Moffitt, Natasha; Quicker, Katrina M. (Atlanta)
Subject: Deposition Scheduling
To confirm part of our call, we are agreed that Prof. Kaufmann will not be deposed, and that the
Plaintiff's are withdrawing the allegation of infringement as to Prof. Lloyd, such that Prof. Lloyd will not
be deposed. We are considering the other issues discussed and will be back in touch later today.
King & Spalding LLP
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EXHIBIT A - 2
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