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

Filing 70

JOINT MOTION to Continue Stay Pending Decision by the U.S. Supreme Court and JOINT STATUS REPORT by Code Revision Commission, State of Georgia. (Attachments: # 1 Exhibit A)(Askew, Anthony) Modified on 7/3/2019 to correct event type and update docket text (sk).

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 CONTINUE THE STAY PENDING A
DECISION BY THE U.S. SUPREME COURT
Pursuant to this Court’s Order on January 3, 2019 (Dkt. No. 68), 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 the Supreme Court’s decision concerning certiorari in this
case.

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The Court stayed this action on January 3, 2019 pending State of Georgia’s
appeal to the United States Supreme Court and ordered the parties to inform the
Court within fourteen days of the Supreme Court’s decision regarding certiorari.
On June 24, 2019, the Supreme Court granted State of Georgia’s petition for writ
of certiorari. A copy of the Supreme Court’s Certiorari – Summary Dispositions
for June 24, 2019 noting the grant of certiorari for this case is attached as Exhibit
A.
Accordingly, the parties submit this Joint Motion To Continue The Stay of
these proceedings pending the decision of the U.S. Supreme Court on whether the
O.C.G.A. annotations are uncopyrightable. 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 parties propose that they
notify the Court via a status report or motion to lift the stay within fourteen (14)
days after a decision or judgment is issued by the U.S. Supreme Court—or any
other schedule as directed by this Court.
Respectfully submitted, this 3rd day of July 2019.
/s/ Anthony B. Askew

/s/ Elizabeth H. Rader (w/express
permission)

Anthony B. Askew (G.A. Bar: 025300)
Lisa C. Pavento (G.A. Bar: 246698)
Warren Thomas (G.A. Bar: 164714)

Elizabeth H. Rader (pro hac vice)
Calliope Legal
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1666 Connecticut Avenue N.W.
Washington, DC 20009
Telephone: [phone]
[e-mail]

Meunier Carlin & Curfman LLC
999 Peachtree Street, NE, Suite 1300
Atlanta, Georgia 30309
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

/s/ Jason D. Rosenberg (w/express
permission)
Jason D. Rosenberg
Georgia Bar No. 510855
ALSTON & BIRD LLP
One Atlantic Center
1201 West Peachtree Street
Atlanta, GA 30309-3424
Telephone [phone]
Fax [phone]
[e-mail]

Counsel for the Plaintiff, Code Revision
Commission on behalf of and for the
benefit of the General Assembly of
Georgia, and the State of Georgia

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Counsel for the Defendant,
Public.Resource.Org

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 JOINT MOTION TO
CONTINUE THE STAY PENDING A DECISION BY THE 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: [phone]
Email: [e-mail]

4

CERTIFICATE OF SERVICE
I certify that on July 3, 2019, I electronically filed the foregoing JOINT
STATUS REPORT AND JOINT MOTION TO CONTINUE THE STAY
PENDING A DECISION BY THE 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 notes that the U.S. Supreme Court has granted certiorari in this
case and continues the stay for these proceedings pending the U.S. Supreme
Court’s decision on the issues presented therein.
The Parties shall notify the Court via a status report or motion to lift the stay
within fourteen days after a decision or judgment on the merits is issued by the
U.S. Supreme Court.
IT IS SO ORDERED, this _____ day of _______________________ 2019.
_________________________________
UNITED STATES DISTRICT JUDGE
NORTHERN DISTRICT OF GEORGIA
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