Unites States of America v. Apple, Inc. et al

Filing 116

MOTION to Stay re: 113 Memorandum & Opinion,,,, Pending Appeal. Document filed by Bob Kohn. (Attachments: # 1 Text of Proposed Order)(Brower, Steven)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
__________________________________________
UNITED STATES OF AMERICA
Plaintiff,
v.
APPLE, INC.,
HACHETTE BOOK GROUP, INC.,
HARPERCOLLINS PUBLISHERS, L.L.C.
VERLAGSGRUPPE GEORG VON
HOLTZBRINK PUBLISHERS, LLC
d/b/a MACMILLAN,
THE PENGUIN GROUP,
A DIVISION OF PEARSON PLC,
PENGUIN GROUP (USA), INC. and
SIMON & SCHUSTER, INC.,
Defendants.

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Civil Action No.12-CV-2826 (DLC)

BOB KOHN’S MOTION TO STAY FINAL JUDGMENT
PENDING APPEAL
Bob Kohn, on his own behalf and by his attorneys, hereby moves for a stay of execution
of the Final Judgment pending appeal of the Court’s Opinion & Order filed September 6, 2012.
The grounds for this motion, as more fully set forth in the accompanying Memorandum, are that
the Second Circuit standard for stay pending appeal is fully satisfied here, the harm to e-book
consumers who would become victims of the Final Judgment are irreversible (while the alleged
harm to e-book consumers pending the appeal may be tracked precisely by e-book resellers), and
without a stay of execution of the Final Judgment, an appeal of these issues would become moot.

WHEREFORE, this motion should be granted and the Court should stay the execution of
the Final Judgment pending appeal of the Court’s Opinion & Order filed September 6, 2012. A
form of proposed Order is attached.
Dated: September 7, 2012

Respectfully submitted,

_______________________
BOB KOHN
California Bar No. 100793
140 E. 28th St.
New York, NY 10016
Tel. [phone]; Fax. [phone]
eMail: [e-mail]
/s/ Steven Brower
By: _______________________
STEVEN BROWER [PRO HAC]
California Bar No. 93568
BUCHALTER NEMER
18400 Von Karman Ave., Suite 800
Irvine, California 92612-0514
Tel: [phone]
Fax: [phone]
Email: [e-mail]
Pro Bono Counsel to Bob Kohn