Code Revision Commission et al v. Public.Resource.Org, Inc.

Filing 48

RESPONSE in Support re 45 Joint MOTION for Order Entering Proposed Permanent Injunction filed by Public.Resource.Org, Inc.. (Rader, Elizabeth)

Case 1:15-cv-02594-RWS Document 48 Filed 04/07/17 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CODE REVISION COMMISSION on
behalf of and for the benefit of THE
GENERAL ASSEMBLY OF
GEORGIA, and THE STATE OF
GEORGIA,
Plaintiff,

CIVIL ACTION NO.

v.

1:15-CV-2594-RWS

PUBLIC.RESOURCE.ORG, INC.
Defendant.
PUBLIC RESOURCE.ORG’S SUPPLEMENTAL STATEMENT IN
SUPPORT OF JOINT MOTION FOR ENTRY OF
PROPOSED PERMANENT INJUNCTION ORDER
Defendant and Counterclaim-Plaintiff Public.Resource.Org, Inc. (“Public
Resource”) files this supplemental statement to clarify that its joinder in the
Motion for Permanent Injunction Order (Dkt. 45) is not intended to waive, and
expressly does not waive, its right to appeal the Court’s March 23, 2017 Order to
the United States Court of Appeals for the Eleventh Circuit and seek reversal of the
order and judgment against it.
On March 23, 2017, upon learning of the Court’s Order granting the
Commission’s motion for partial summary judgment, to comply with the order,
1

Case 1:15-cv-02594-RWS Document 48 Filed 04/07/17 Page 2 of 4

Public Resource took down all versions of the O.C.G.A. from its website and every
other website within its possession, custody, or control. Public Resource also
removed all fundraising solicitations for its use of the O.C.G.A. from its website
and any other website within its possession, custody, or control and from its web
server. Public Resource joined in the Motion for Permanent Injunction Order to
avoid the need for briefing to address the injunctive relief issue and thus preserve
the Parties’ and Court’s resources.
Respectfully submitted, this 7th day of April, 2017.
____________________________
Elizabeth H. Rader (pro hac vice)
ALSTON & BIRD LLP
950 F Street, NW
Washington, DC 20004
Telephone: [phone]
Fax: [phone]
[e-mail]
Jason D. Rosenberg
Georgia Bar No. 510855
Sarah Parker LaFantano
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Telephone [phone]
Fax [phone]
[e-mail]
2

Case 1:15-cv-02594-RWS Document 48 Filed 04/07/17 Page 3 of 4

[e-mail]
Counsel for the Defendant,
Public.Resource.Org

3

Case 1:15-cv-02594-RWS Document 48 Filed 04/07/17 Page 4 of 4

IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
CODE REVISION COMMISSION on
behalf of and for the benefit of THE
GENERAL ASSEMBLY OF
GEORGIA, and THE STATE OF
GEORGIA,
Plaintiff,

CIVIL ACTION NO.

v.

1:15-CV-2594-RWS

PUBLIC.RESOURCE.ORG, INC.
Defendant.

CERTIFICATE OF SERVICE

I hereby certify that I have filed the foregoing Supplemental Statement In
Support of Joint Motion for Entry of Proposed Permanent Injunction of
Defendant Public.Resource.Org, Inc. electronically with the Clerk of Court,
using the CM/ECF system which will automatically send notification of such filing
to all attorneys of record.
/s/ Sarah P. LaFantano
Sarah P. LaFantano
Georgia Bar No. 734610