Cambridge University Press et al v. Patton et al

Filing 461

ORDER DENYING the 459 Motion to Join Parties. Signed by Judge Orinda D. Evans on 9/30/2012. (anc)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CAMBRIDGE UNIVERSITY PRESS;
OXFORD UNIVERSITY PRESS, INC.;
SAGE PUBLICATIONS, INC.,
Plaintiffs,

v.

CIVIL ACTION NO.
1:08-CV-1425-0DE

MARK P. BECKER, in his official
capacity as President of
Georgia State University; RISA
PALM, in her official capacity
as Senior Vice President for
Academic Affairs and Provost of
Georgia State University; J.L.
ALBERT, in his official
capacity as Georgia State
University Associate Provost
for Information Systems and
TechnologYi NANCY SEAMANS, in
her official capacity as Dean
of Libraries at Georgia State
University; ROBERT F. HATCHER,
in his official capacity as
Vice Chair of the Board of
Regents of the University
System of Georgia; KENNETH R.
BERNARD, JR., LARRY R. ELLIS,
W. MANSFIELD JENNINGS, JR.,
JAMES R. JOLLY, DONALD M.
LEEBERN, JR., WILLIAM NESMITH,
JR., DOREEN STILES POITEVINT,
WILLIS J. POTTS, JR., C. DEAN
ALFORD, KESSEL STELLING, JR.,
BENJAMIN J. TARBUTTON, III,
RICHARD L. TUCKER, LARRY
WALKER, RUTLEDGE A. GRIFFIN,
JR., C. THOMAS HOPKINS JR.,
NEIL L. PRUITT, JR., and PHILIP
A. WILHEIT, SR., in their
official capacities as members
of the Board of Regents of the
University System of Georgia,
I

Defendants.

ORDER
This civil suit is before the Court on a Consent Motion to Join
Parties

filed

September

28,

2012

by

Plaintiffs

[Doc.

459].

Defendants have consented to the motion.
The motion explains that the Plaintiff, Oxford University Press,
Inc. has been converted into a limited liability company called OUP,
LLC, a Delaware limited liability company.

In addition, an entity

called Oxford University Press USA (OUP USA) "administers the assets
that OUP, Inc. transferred to the University in March 2012" [Doc. 459
at 1].
The trial of this case occurred in the summer of 2011 i

the

Court's findings of fact and conclusions of law issued in May 2012.
All

of

the

directed to

trial

evidence,

insofar as

Oxford

is

concerned,

was

(or against) Oxford University Press, a not-for-profit

corporation organized in the United States.

Therefore, the Court's

findings

insofar

of

fact

and

conclusions

of

law,

as

Oxford

is

concerned, were directed only to Oxford University Press, a not-forprofit corporation formed in the United States.
The instant Consent Motion to Join Parties was filed on the eve
of entry of the final judgment.
Given that Oxford University Press,
limited liability company,

OUP,

LLC,

Delaware limited liability company,

Inc. was converted into a

it appears that OUP,

a

is the successor to all of the

rights and liabilities of Oxford University Press,
formed in the United States.

LLC,

a

corporation

It is unclear why it is necessary to

make OUP, LLC a party plaintiff.

Similarly, it is unclear why OUP
-2-

USA's

administration

of

the

assets

of

OUP,

Inc.

which

were

transferred to the University in March 2012 necessitates making OUP
USA a party plaintiff.
that

OUP,

Inc.

The motion does not state whether the assets

transferred

to

Oxford

Uni versi ty

in

March

2012

included the copyrights at issue in this case.
Accordingly, the Consent Motion to Join Parties
DENIED.
SO ORDERED, this 30th day of September, 2012.

ORINDA D. EVANS
UNITED STATES DISTRICT JUDGE

-3-

[Doc. 459]

is