Cambridge University Press et al v. Patton et al

Filing 478

Certified copy of ORDER of USCA DENYING Defendants-appellees's motion to dismiss for lack of Subject matter; GRANTING defendants-appellees' alternative motion to consolidate appeal 12-14676-FF with Appeal No. 12-15147-FF re: 449 Notice of Appeal, filed by Oxford University Press, Inc., Sage Publications, Inc., Cambridge University Press, 465 Notice of Appeal, filed by Oxford University Press, Inc., Sage Publications, Inc., Cambridge University Press Case Appealed to USCA Case Number 12-14676-FF. (fem)

Case: 12-14676

Date Filed: 12/18/2012

Page: 1 of 1

UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING
56 Forsyth Street, N.W.
Atlanta, Georgia 30303
John Ley
Clerk of Court

For rules and forms visit
www.ca11.uscourts.gov

December 18, 2012
MEMORANDUM TO COUNSEL OR PARTIES
Appeal Number: 12-14676-FF
Case Style: Cambridge University Press, et al v. J.L. Albert, et al
District Court Docket No: 1:08-cv-01425-ODE
The following action has been taken in the referenced case:
The enclosed order has been ENTERED.
Sincerely,
JOHN LEY, Clerk of Court
Reply to: Janet K. Spradlin, FF
Phone #: [phone]
MOT-2 Notice of Court Action

Case: 12-14676

Date Filed: 12/18/2012

Page: 1 of 2
r

IN THE UNITED STATES COURT OF APPEALS

FILRD
I!

FOR THE ELEVENTH CIRCUIT

^C i 3 2012
No. 12-14676-FF

IERK
CAMBRIDGE UNIVERSITY PRESS,
OXFORD UNIVERSITY PRESS, INC.,
SAGE PUBLICATIONS, INC.,

Plaintiffs-Appellants,
versus

CARL V. PATTON, ct al.,

Defendants,
J. L. ALBERT,

in his official capacity as Georgia State
University Associate Provost for Information
System and Technology,
KENNETH R. BERNARD, JR.,

in his official capacity as member of the
Board of Regents of the University System of Georgia.,
ROBERT F. HATCHER, in his official capacity as
Vice Chair of the Board of Regents of the
University System of Georgia,
W. MANSFIELD JENNINGS, JR.,

in his official capacity as member of the
Board of Regents of the University System of Georgia,
JAMES R. JOLLY,

in his official capacity as member of the Board of Regents
of the University System of Georgia, et al.,
Defendants-Appellees.

Appeal from the United States District Court
for the Northern District of Georgia

Case: 12-14676

Date Filed: 12/18/2012

Page: 2 of 2

Before BARKETT, WILSON and JORDAN, Circuit Judges.
BY THE COURT:

Defendants-appellees' motion to dismiss for lack ofsubject matter jurisdiction is DENIED.

The district court's August 10, 2012 order granting a permanent injunction is a final, appealable
order, and the district court's subsequent order and final judgment, entered on September 30,2012,
resolved issues that were collateral to the underlying merits of the case. 28 U.S.C. §§ 1291,1292;

LaChance v. Duffy's Draft House, Inc., 146 F.3d 832, 837 (11th Cir. 1998); Pitney Bowes, Inc. v.
Mestre, 701 F.2d 1365, 1368 (11th Cir. 1983).

Next, defendants-appellees' alternative motion to consolidate this appeal with Appeal No.
12-15147-FF is GRANTED. The Clerk is DIRECTED to consolidate Appeal No. 12-14676-FF with
Appeal No. 12-15147-FF and inform the parties accordingly. The parties are ORDERED to submit
briefs in the consolidated case only, and they are further ORDERED to comply with this Court's

October 11,2012 order, entered in Appeal No. 12-14676, establishing an extended, 18,000-word
limit for the initial and answer briefs, and a 9,000-word limit for plaintiff-appellants' reply brief.