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

Filing 83

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File Responses to DOJ's 7/23/12 Response to Public Comments and 8/3/12 Motion to Enter Proposed Final Judgment. Document filed by American Booksellers Association, Inc., Barnes & Noble, Inc. (Attachments: # 1 Affidavit Declaration of David N. Wynn with exhibits, # 2 Text of Proposed Order Proposed Order)(Wynn, David) Modified on 8/1/2012 (db).

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UNITED STATES DISTRICT COURT 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 HOLTZBRINCK GMBH; HOLTZBRINCK PUBLISHERS, LLC d/b/a/ MACMILLAN; THE PENGUIN GROUP, A DIVISION OF PEARSON PLC; PENGUIN GROUP (USA), INC.; and SIMON & SCHUSTER, INC., Civil Action No. 1:12-CV-2826 Defendants. ORDER GRANTING MOTION FOR LEAVE TO SERVE AS AMICI CURIAE American Booksellers Association (“ABA”) and Barnes & Noble, Inc. (“Barnes & Noble”), having filed a Motion for Leave to File Amici Curiae Responses to the U.S. Department of Justice (“DOJ”) Tunney Act Filings; and Upon consideration of any responses or opposition thereto; NOW, upon reading the Motion and for good cause shown, IT IS ORDERED, that ABA and Barnes & Noble may participate as Amici Curiae in the Tunney Act proceedings to evaluate the public interest of the DOJ’s Motion for Entry of Proposed Final Judgment; and IT IS FURTHER ORDERED, that the Clerk of the Court is hereby directed to accept from Amici Curiae ABA and Barnes & Noble, not later than August 15, 2012, a response of not RPP/541485.1 more than 10 pages to DOJ’s Response to Comments and a response of not more than 5 pages to DOJ’s Motion for Entry of Proposed Final Judgment; and IT IS FURTHER ORDERED, that the Clerk of the Court is hereby directed to provide notice to counsel for Amici Curiae ABA and Barnes & Noble of the date of any hearing scheduled on DOJ’s Motion for Entry of Proposed Final Judgment so that Amici Curiae may participate in and offer oral argument at that hearing. SIGNED this ___ day of ______________, 2012. ___________________________________ THE HONORABLE DENISE L. COTE RPP/541485.1 2

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