Code Revision Commission et al v. Public.Resource.Org, Inc.
Filing
66
STATUS REPORT -Joint Status Report and Joint Motion to Stay Proceedings Pending Appeal to U.S. Supreme Court by Code Revision Commission, State of Georgia. (Askew, Anthony)
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.
JOINT STATUS REPORT AND
JOINT MOTION TO STAY PROCEEDINGS PENDING
APPEAL TO U.S. SUPREME COURT
Pursuant to this Court’s Order on December 6, 2018 (Dkt. No. 65), the
parties, Plaintiff and Counterclaim-Defendant, the Code Revision Commission, on
behalf of and for the benefit of the General Assembly of Georgia, and the State of
Georgia (“State of Georgia”), and Defendant and Counterclaim-Plaintiff,
Public.Resource.Org., Inc. (“Public Resource”), hereby submit the following joint
status report regarding any issues left to be decided in this litigation.
The Parties submit that the issues left to be decided in this litigation are yet
to be determined because the State of Georgia will be filing a Petition For a Writ of
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Certiorari to the United States Supreme Court regarding the 11th Circuit Court of
Appeals’ decision holding the O.C.G.A. annotations uncopyrightable. See Dkt. No.
61. Any decision by the U.S. Supreme Court on this central issue will dictate the
scope of issues left to be decided by this Court and/or the 11th Circuit Court of
Appeals.
The State of Georgia currently has a deadline of January 17, 2019 to file the
Petition for Certiorari, but, through newly designated co-counsel at Vinson &
Elkins LLP, has requested an extension of time to file such Petition until March 4,
2019. See Application For An Extension Of Time In Which To File a Petition For
a Writ Of Certiorari To The United States Court of Appeals For The Eleventh
Circuit, Exhibit A.
Accordingly, the Parties submit this Joint Motion For A Stay of these
proceedings pending the decision of the U.S. Supreme Court regarding the Petition
for Certiorari, and if the Petition is granted, further pending a decision of the U.S.
Supreme Court on the merits. The Parties propose that they notify the Court via a
status report or motion to lift the stay within ten days after an order or decision
refusing or terminating the appeal is issued by the U.S. Supreme Court—or any
other schedule as directed by this Court.
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Public Resource makes the following statement, which is not joined by State
of Georgia: Public.Resource.Org wishes to advise the Court that despite the Court
of Appeals’ ruling, LexisNexis has not reinstated the account that he previously
used to purchase the OCGA at regular market price, nor will his previous account
representative return calls or emails, although LexisNexis’s counsel told
Public.Resource.Org’s counsel that LexisNexis was willing to sell it the
OCGA. Public.Resource.Org has also written to legislative counsel and while they
said they would look into it, that has not resulted in reinstatement of the account or
assignment to a representative who can accept an order to purchase the
OCGA. The plaintiff could exert its influence with LexisNexis to prevent
LexisNexis from making it difficult for Public.Resource.Org to obtain the OCGA
in order to post it, as the Court of Appeals has ruled he has the right to do, but the
plaintiff has not done so.
State of Georgia, without the joining of Public Resource, responds to the
above statement by Public Resource as follows: State of Georgia understands from
Public Resource that Lexis has told Public Resource that it may order the O.C.G.A.
from Lexis’ normal public facing customer support number. On Monday,
December 17, 2018, Public Resource informed the State of Georgia that Mr.
Malamud is not satisfied with ordering the O.C.G.A. from Lexis through the
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normal public facing customer support number and would like special
accommodations made for him in this respect. The State of Georgia responded to
Public Resource that it should request the special accommodation directly from
Lexis or Lexis’ counsel. This is an issue not germane to these proceedings.
Respectfully submitted, this 20th day of December, 2018.
/s/Anthony B. Askew
/s/Elizabeth H. Radar (w/express
permission)
Anthony B. Askew (G.A. Bar: 025300)
Lisa C. Pavento (G.A. Bar: 246698)
Warren Thomas (G.A. Bar: 164714)
Meunier Carlin & Curfman LLC
999 Peachtree Street, NE, Suite 1300
Atlanta, Georgia 30309
Phone: 404-645-7700
Fax: 404-645-7707
taskew@mcciplaw.com
lpavento@mcciplaw.com
wthomas@mcciplaw.com
Elizabeth H. Rader (pro hac vice)
ALSTON & BIRD LLP
950 F Street, NW
Washington, DC 20004
Telephone: 202-239-3008
Fax: (202) 239-3333
elizabeth.rader@alston.com
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 404-881-7461
Fax (404) 253-8861
jason.rosenberg@alston.com
sarah.lafantano@alston.com
Counsel for the Plaintiff, Code Revision
Commission on behalf of and for the
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Counsel for the Defendant,
Public.Resource.Org
benefit of the General Assembly of
Georgia, and the State of Georgia
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CERTIFICATE OF COMPLIANCE
I hereby certify that, pursuant to L.R. 5.1C and 7.1D of the Northern District
of Georgia, the foregoing JOINT STATUS REPORT AND MOTION TO STAY
PROCEEDINGS PENDING APPEAL TO U.S. SUPREME COURT complies
with the font and point selections approved by the Court in L.R. 5.1C. The
foregoing pleading was prepared on a computer using 14-point Times New Roman
font.
/s/Anthony B. Askew
Anthony B. Askew (G.A. Bar: 025300)
Meunier Carlin & Curfman LLC
999 Peachtree Street NE, Suite 1300
Atlanta, Georgia 30309
Telephone: 404-645-7700
Email: taskew@mcciplaw.com
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CERTIFICATE OF SERVICE
I certify that on December 20, 2018, I electronically filed the foregoing
JOINT STATUS REPORT AND MOTION TO STAY PROCEEDINGS
PENDING APPEAL TO U.S. SUPREME COURT with the Clerk of Court
using the CM/ECF system, which constitutes service of the filed document on all
counsel of record in this proceeding under LR 5.1(A)(3), N.D. Ga.
By:
/s/Anthony B. Askew
Anthony B. Askew (G.A. Bar: 025300)
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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.
[PROPOSED] STAY OF PROCEEDINGS ORDER
The Court stays these proceedings pending the U.S. Supreme Court’s 1)
denial of a Petition for Certiorari to be filed by Plaintiff and CounterclaimDefendant, the Code Revision Commission, on behalf of and for the benefit of the
General Assembly of Georgia, and the State of Georgia (“State of Georgia”)
requesting review of the November 15, 2018 decision of the 11th Circuit Court of
Appeals that is now the judgement of this Court (“Petition”), or 2) grant of the
Petition and further decision on the issues presented therein.
1
The Parties shall notify the Court via a status report or motion to lift the stay
within ten days after an order or decision refusing or terminating the appeal is
issued by the U.S. Supreme Court.
IT IS SO ORDERED, this _____ day of _______________________, 2018.
_________________________________
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF GEORGIA
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