Cambridge University Press et al v. Patton et al

Filing 301

REPLY to Response to Motion re 272 MOTION in Limine IRRELEVANT EVIDENCE IN ACCORDANCE WITH ORDER OF SEPTEMBER 30, 2010 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 Errata D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Bates, Mary)

EXHIBIT A

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

CAMBRIDGE UNIVERSITY
PRESS, et al.,
Plaintiffs,

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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
[phone]

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when they're looking at them on their laptops, if

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they're accessing them live from the system or do they

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just make a copy to their hard drive and save them?

4

A.

I have no idea.

5

Q.

Have you seen students bring printed copies of

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the EReserves materials to class?

7

A.

Sometimes.

8

Q.

How frequent an occurrence has that been?

9

A.

I'm not sure.

10

Q.

But it happens?

11

A.

Yes.

12

Q.

If you could turn to the -- I guess four pages

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in where the assignments start.

There's a chart.

14

A.

Yes.

15

Q.

If you look down to the June 11th entry, the

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last three entries Hammersley, Tedlock and Gordon.

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those all on -- works that were placed on EReserves?

18

A.

Are

The way that -- way that I do the EReserves is

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that I -- at the beginning of the course I fill out the

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paperwork required, which includes the citation

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information, the checklist.

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doesn't own the book or if it's checked out, then the

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instructor has to actually physically bring his or her

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copy to the library.

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didn't own the book or have a copy physically, I just

And then if the library

So if at the time the library

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deleted it from the readings.

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would tell students just cross this out.

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4
5

And so -- you know, and I

So I am not 100 percent positive that students
read all three of those readings for the 11th.
Q.

Let me make sure I understand.

So it's --

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syllabus was created at the beginning of the semester, I

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take it?

8
9

A.

For a summer syllabi I create them a month to

two months in advance, send them out to students that

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are registered so they can start purchasing the books.

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You can see there's five textbooks that they have to buy

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and that's a heavy reading load for the summer.

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always do the syllabi in advance.

14

Q.

Okay.

So I

So -- and then after doing the syllabi

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you would have, if I understand what you're saying,

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contacted the library with respect to let's just say

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these three works here in the June 11th entry and to

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start, attempted to put them on EReserves, is that

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right?

20

A.

That's right.

21

Q.

And one possible response from the library

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would be that their copy of the work was signed out or

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they just don't have a copy of the work, is that --

24

A.

That's correct.

25

Q.

And at that point I think what you said was

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rather than providing a copy you would have just scraped

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the work?

3

A.

Yes.

4

Q.

Okay.

And then how would the class -- what

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would have happened in class then if there was a work

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indicated on the syllabus that was no longer available?

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8
9

A.

I would either have e-mailed them to let them

know to disregard that reading or announced it in class.
Q.

And sitting here now you can't recall if these

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three works in the June 11th entry, whether that

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happened for any of those three?

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13
14
15

A.

I believe it happened with Tedlock.

But I'm

not sure.
Q.

If you got to the point of filling out a fair

use checklist -- strike that.

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The decision or the indication from the

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library that they didn't have a copy and your decision

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to scrap the work, would that have happened before or

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after filling out the fair use checklist?

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A.

After.

21

Q.

So it's possible you filled out a checklist

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but then subsequently did not use the work, is that

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right?

24

A.

That's right.

25

Q.

And it's your testimony that the Tedlock was

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one situation where that did happen or you think maybe

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that's what happened with that one?

3

A.

I think maybe it did.

4

Q.

You're not sure?

5

A.

I'm not sure.

6

Q.

Any on here in either of the three pages of

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assignments where you are sure that you didn't use the

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work?

9

A.

No.

10

Q.

Anywhere you are sure that you did?

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A.

Not 100 percent sure.

12

Q.

Do you know for -- going back to the June 11th

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entry for the Gordon Tuula entry, do you have a

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recollection as to whether you did or did not end up

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using that work?

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18

A.

I am not sure.

I can't answer with 100

percent certainty.
Q.

And why is it that in the situation you

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described that you wouldn't simply provide a copy to the

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library yourself?

21

A.

Plain and simple, I don't like to walk to the

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library from my office building.

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time and it's an uncomfortable walk.

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25

Q.

I wear heels all the

and Mayo.

In the 6/16 entry there's an entry for Pillow
Same question there.

Do you have an

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