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

Filing 167

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to File Amicus Brief. Document filed by Bob Kohn. (Attachments: # 1 Supplement Memorandum in Support, # 2 Exhibit Proposed Amicus Brief)(Brower, Steven) Modified on 1/8/2013 (ldi).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
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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.

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

MOTION OF AMICUS CURIAE BOB KOHN
FOR LEAVE TO FILE AMICUS CURIAE BRIEF
REGARDING THE GOVERNMENT’S PROPOSED SCHEDULE
FOR PENGUIN TUNNEY ACT REVIEW
Amicus Curiae Bob Kohn, through his pro bono counsel, pursuant to 15 U.S.C. Sec.
16(f)(3), hereby moves for leave to file an amicus curiae brief for the sole purpose of
commenting on the Department of Justice’s Proposed Schedule for Penguin Tunney Act Review
(“Proposed Schedule”), which was filed on January 3, 2013 in compliance with the Court’s order
dated December 19, 2013.

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The grounds for this motion, as more fully set forth in the accompanying Memorandum
of Points and Authorities, are that Kohn’s comments would be helpful to the Court in evaluating
the Proposed Schedule.
Kohn has approached defendants Macmillan, Penguin, and Apple and none have of them
have taken a position on the filing of this motion. Kohn has left a message with the Department
of Justice regarding his intention to file this motion. Last year, in connection with Kohn’s motion
for leave to participate as amicus curiae, the DOJ stated to Kohn, “Our position is that we are not
going to consent to the filing of any amicus briefs.” Given the importance of this matter, Kohn is
hopeful that the DOJ will not wish to object to Kohn’s desire for a ruling on the matter that is the
subject of his proposed amicus brief.
WHEREFORE, this motion should be granted and Kohn should be authorized to file, pursuant to
15 U.S.C. 16(f)(3), the proposed brief amicus curiae accompanying this motion.

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Dated: January 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

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