The Authors Guild et al v. Google Inc.

Filing 770

DECLARATION of Michael J. Boni in Support re: #768 MOTION to Approve / Notice of Motion for Preliminary Approval of Amended Settlement Agreement.. Document filed by Association of American Publishers, Inc., The McGraw-Hill Companies, Inc., Pearson Education, Inc., Simon & Schuster, Inc., John Wiley & Sons, Inc.. (Attachments: #1 Exhibit 1 - Amended Settlement Agreement, #2 Exhibit 2 - Changes made to Amended Settlement Agreement)(Keller, Bruce)

The Author's Guild et al v. Google Inc.

Doc. 770

Michael J. Boni (pro hac vice) Joanne Zack BONI & ZACK LLC 15 St. Asaphs Road Bala Cynwyd, PA 19004 [phone] (phone) [phone] (fax) [e-mail] [e-mail] UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------x The Authors Guild, Inc., Association of American : Publishers, Inc., et al., : : Plaintiffs, : : v. : : Google Inc., : : Defendant. : ------------------------------------------------------------------------x

Case No. 05 CV 8136 (DC) FILED ELECTRONICALLY

DECLARATION OF MICHAEL J. BONI IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY APPROVAL OF AMENDED SETTLEMENT AGREEMENT Michael J. Boni hereby declares as follows: 1. I am a member of the law firm Boni & Zack LLC, one of the Class

Counsel in this action, and am admitted to the bar of this Court pro hac vice. This declaration is submitted in support of Plaintiffs' Motion for Preliminary Approval of Amended Settlement Agreement. 2. Two actions pending before this Court were coordinated for discovery and

other related purposes soon after their filing: (a) The Authors Guild, Inc., et al. v. Google

Dockets.Justia.com

Inc., No. 05 CV 8136 and (b) The McGraw-Hill Companies, Inc., et al. v. Google Inc., No. 05 CV 8881. Both actions are being settled, as explained in more detail in the accompanying Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Approval of Amended Settlement Agreement, as part of the resolution of the Authors Guild class action. 3. Attached as Exhibit 1 is a true and correct copy of the Amended

Settlement Agreement ("ASA") among (a) The Authors Guild, Inc., Herbert Mitgang, Betty Miles, Daniel Hoffman, Paul Dickson, Joseph Goulden, Maureen Duffy, Daniel Jay Baum, Margaret Drabble, and Robert Pullan; (b) The McGraw-Hill Companies, Inc., Pearson Education, Inc., Penguin Group (USA) Inc., Simon & Schuster, Inc., John Wiley & Sons, Inc., Harlequin Enterprises Limited, Macmillan Publishers Limited, Melbourne University Publishing Limited, The Text Publishing Company, and Association of American Publishers, Inc.; and (c) Google Inc., executed on November 13, 2009. 4. Attached as Exhibit 2 is a true and correct copy of the ASA that identifies

the changes made to the original Settlement Agreement filed with the Court on October 28, 2008. I declare under penalty of perjury that the foregoing is true and correct. /s/ Michael J. Boni Michael J. Boni Dated: New York, New York November 13, 2009

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