Cambridge University Press et al v. Patton et al

Filing 453

NOTICE Of Filing of Defendants' Third Supplemental Statement to Defendants' 444 Detailed Request for an Award of Attorneys' Fees and Other Costs by J. L. Albert, C. Dean Alford, 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, Nancy Seamans, Benjamin J. Tarbutton, III, Richard L. Tucker, Larry Walker, Philip A. Wilheit, Sr (Askew, Anthony) Modified on 9/12/2012 in order to correct document link (anc).

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CAMBRIDGE UNIVERSITY PRESS;
OXFORD UNIVERSITY PRESS, INC.;
SAGE PUBLICATIONS, INC.,
Plaintiffs
v.
MARK P. BECKER, in his official
capacity as President of Georgia State
University, et al.
Defendants.

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CIVIL ACTION NO.
1:08-CV-1425-ODE

DEFENDANTS’ THIRD SUPPLEMENTAL STATEMENT TO
DEFENDANTS’ DETAILED REQUEST FOR AN AWARD OF
ATTORNEYS’ FEES AND OTHER COSTS
Defendants respectfully provide the following third supplemental statement
to their Detailed Request for an Award of Attorneys’ Fees and Other Costs.
Defendants filed their Detailed Request for an Award of Attorneys’ Fees and Costs
and accompanying Memorandum in Support (hereinafter referred to as “Detailed
Request”) on August 24, 2012. Defendants thereafter filed a Supplemental
Statement to Defendants’ Detailed Request for an Award of Attorneys’ Fees and
Other Costs (hereinafter referred to as “First Supplemental Statement”) on
September 6, 2012. After conferring with opposing counsel regarding Plaintiffs’
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objections to the Detailed Request, Defendants filed a Second Supplemental
Statement to Defendants’ Detailed Request for an Award of Attorneys’ Fees and
Other Costs (hereinafter referred to as “Second Supplemental Statement”) on
September 7, 2012. Plaintiffs filed their Objections to Defendants’ Request for
Attorneys’ Fees and Costs (hereinafter referred to as “Plaintiffs’ Objections”) on
September 10, 2012.
At the request of the Court in its August 10, 2012 Order, Defendants
conferred with Plaintiffs’ counsel regarding Plaintiffs’ objections to the Detailed
Request. In Defendants’ Second Supplemental Statement, Defendants withdrew
their request for attorneys’ fees related to raising the sovereign immunity defense.
See Dkt. No. 448 at 2. In Plaintiffs’ Objections, Plaintiffs identified additional
time entries related to raising the sovereign immunity defense. See Dkt. No. 451,
at 10 and Ex. 5. After reviewing these additional time entries, Defendants agree
that the additional time entries identified by Plaintiffs do relate to raising the
sovereign immunity defense. The attorneys’ fees associated with these additional
time entries are in the amount of $16,577.25. Defendants hereby withdraw their
request for attorneys’ fees as to these additional time entries related to raising the
sovereign immunity defense.

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Therefore, based on the foregoing, Defendants respectfully request that the
award of attorneys’ fees and costs be adjusted to the following amounts:
Attorneys’ fees:
Costs:

$2,953,493.71
$85,746.39

Defendants further note that in Plaintiffs’ Objections, Plaintiffs moved this
Court to stay a determination of attorneys’ fees and costs pending appeal.
Defendants will oppose such a stay and will respond by the deadline for such a
response. Defendants will address Plaintiffs’ objections to the Detailed Request at
the hearing on September 14, 2012.
Respectfully submitted this 11th day of September, 2012.
SAMUEL S. OLENS
Georgia Bar No. 551540
Attorney General
R.O. LERER
Georgia Bar No. 446962
Deputy Attorney General
DENISE E. WHITING-PACK
Georgia Bar No. 558559
MARY JO VOLKERT
Georgia Bar No. 728755
Assistant Attorney General
McKEON, MEUNIER, CARLIN &
CURFMAN, LLC

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/s/ Anthony B. Askew
Anthony B. Askew
Georgia Bar No. 025300
Special Assistant Attorney General
Stephen M. Schaetzel
Georgia Bar No. 628653
Robin L. Gentry
Georgia Bar No. 289899
McKeon, Meunier, Carlin & Curfman, LLC
817 W. Peachtree Street, N.W., Suite 900
Atlanta, Georgia 30308
Phone: [phone]
Fax: [phone]
Email: [e-mail]
[e-mail]
Katrina M. Quicker
Special Assistant Attorney General
Georgia Bar No. 590859
Richard W. Miller
Georgia Bar No. 065257
BALLARD SPAHR LLP
999 Peachtree Street, Suite 1000
Atlanta, GA 30309-3915
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

Counsel for Defendants

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CERTIFICATE OF COMPLIANCE
I hereby certify, pursuant to L.R. 5.1B and 7.1D of the Northern District of
Georgia, that the foregoing DEFENDANTS’ THIRD SUPPLEMENTAL
STATEMENT TO DEFENDANTS’ DETAILED REQUEST FOR AN
AWARD OF ATTORNEYS’ FEES AND OTHER COSTS complies with the
font and point selections approved by the Court in L.R. 5.1B. The foregoing
pleading was prepared on a computer using 14-point Times New Roman font.

/s/ Anthony B. Askew
Anthony B. Askew
Georgia Bar No. 025300
McKeon, Meunier, Carlin & Curfman, LLC
817 W. Peachtree Street, N.W., Suite 900
Atlanta, Georgia 30308
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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

CAMBRIDGE UNIVERSITY PRESS;
OXFORD UNIVERSITY PRESS, INC.;
SAGE PUBLICATIONS, INC.,
Plaintiffs
v.
MARK P. BECKER, in his official
capacity as President of Georgia State
University, et al.
Defendants

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CIVIL ACTION NO.
1:08-CV-1425-ODE

CERTIFICATE OF SERVICE
The undersigned hereby certifies that, on this 11th day of September 2012, I
have electronically filed the foregoing DEFENDANTS’ THIRD
SUPPLEMENTAL STATEMENT TO DEFENDANTS’ DETAILED
REQUEST FOR AN AWARD OF ATTORNEYS’ FEES AND OTHER
COSTS with the Clerk of the Court using the CM/ECF system, which will
automatically send e-mail notification of such filing to the following attorneys of

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record:
Edward B. Krugman
[e-mail]
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
Telephone: [phone]
Facsimile: [phone]
R. Bruce Rich
Jonathan Bloom
Randi Singer
Todd D. Larson
WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, New York 10153
Telephone: [phone]
Facsimile: [phone]

/s/ Anthony B. Askew
Anthony B. Askew
Georgia Bar No. 025300
McKeon, Meunier, Carlin & Curfman, LLC
817 W. Peachtree Street, N.W., Suite 900
Atlanta, Georgia 30308
Phone: [phone]
Fax: [phone]
Email: [e-mail]

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