Fastcase, Inc. v. Lawriter LLC

Filing 17

MOTION for Summary Judgment with Brief In Support by Fastcase, Inc.. (Attachments: # 1 Brief Memorandum of Law in Support of Motion for Summary Judgment, # 2 Statement of Material Facts, # 3 Exhibit Declaration of Edward J. Walters, # 4 Text of Proposed Order Granting Motion for Summary Judgment)(Brazier, Robert) --Please refer to http://www.gand.uscourts.gov to obtain the Notice to Respond to Summary Judgment Motion form contained on the Court's website.-- Modified on 5/13/2016 to edit exhibit text. (aaq).

THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
FASTCASE, INC.,

)
)
Plaintiff,
)
)
v.
)
)
LAWRITER LLC, dba CASEMAKER, )
)
Defendant.
)
_______________________________ )

Case 1:16-cv-00327-TCB

MOTION FOR SUMMARY
JUDGMENT

Plaintiff Fastcase, Inc., moves for an order granting summary judgment on
its complaint for declaratory judgment pursuant to Rule 56 of the Federal Rules of
Civil Procedure, on the ground that there is no genuine dispute as to any material
fact and Plaintiff is entitled to judgment as a matter of law:
(1)

declaring that Defendant does not and cannot have any copyright in

the Georgia Regulations, or in the laws, rules, and regulations of any other State;
and
(2)

that Plaintiff does not and cannot infringe any exclusive contract

rights held by Defendant in the Georgia Regulations, or in the laws, rules, and
regulations of any other State.
This motion is based on the Memorandum of Law, separate Statement of
Undisputed Facts and Declaration of Edward J. Walters, submitted herewith, on
-1-

the pleadings on file in this action, and on such other matter as the Court may
properly consider.
Respectfully submitted this 12th day of May 2016.
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, P.C.
/s/ Robert G. Brazier
Robert G. Brazier (Georgia Bar No. 078918)
[e-mail]
Steven G. Hall (Georgia Bar No. 319308)
[e-mail]
Joshua Tropper (Georgia Bar No. 716790)
[e-mail]
Monarch Plaza, Suite 1600
3414 Peachtree Road N.E.
Atlanta, GA 30326
Telephone [phone]
Facsimile [phone]
Attorneys for Plaintiff Fastcase, Inc.

CERTIFICATE OF COMPLIANCE
I hereby certify that the foregoing has been prepared with Times New
Roman 14-point, which is one of the font and point selections approved by the
court in LR 5.1B.
/s/ Robert G. Brazier
Robert G. Brazier
Georgia Bar No. 078918
[e-mail]

THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
FASTCASE, INC.,

)
)
Plaintiff,
)
)
v.
)
)
LAWRITER LLC, dba CASEMAKER, )
)
Defendant.
)
_______________________________ )

Case 1:16-cv-00327-TCB

MOTION FOR SUMMARY
JUDGMENT

CERTIFICATE OF SERVICE
I hereby certify that on May 12, 2016, I electronically filed MOTION FOR
SUMMARY JUDGMENT with the Clerk of Court using the CM/ECF system
which will automatically send email notification of such filing to the following
attorney of record:
Kurt M. Rozelsky (Bar No. 617932)
[e-mail]
Joseph W. Rohe (Bar No. 727154)
[e-mail]
2 West Washington Street, Suite 1100
P.O. Box 87
Greenville, SC 29602
Telephone: [phone]
Facsimile: [phone]

This 12th day of May, 2016.
BAKER, DONELSON, BEARMAN,
CALDWELL & BERKOWITZ, P.C.
/s/ Robert G. Brazier
Robert G. Brazier
Georgia Bar No. 078918