The Authors Guild et al v. Google Inc.
Plaintiffs The Authors Guild. Herbert Mitgang, Betty Miles and Daniel Hoffman sued Google Inc. for reproducing a digital copy of plaintiffs' works without the copyright holders' permission and in violation of the authors' rights under the copyright laws.
| The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman, Paul Dickson and Joseph Goulden |
| Google Inc. |
| 1:2005cv08136 |
| September 20, 2005 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| John E. Sprizzo |
| Copyright |
| 17:101 Copyright Infringement |
| Defendant |
Docket Report
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files ONLY for 1092 Notice of Appeal, filed by The Authors Guild, Canadian Standard Association, Herbert Mitgang, Jim Bouton, John Wiley & Sons, Inc., Paul Dickson, Association of American Publishers, Inc., The McGraw-Hill Companies, Inc., Pearson Education, Inc. were transmitted to the U.S. Court of Appeals. (APPELLANT'S COUNSEL IS RESPONSIBLE FOR THE PHYSICAL SUPPLEMENTAL INDEX FOR ANY AND ALL NON-ECF DOCUMENTS, ONCE THE CASE IS OPENED IN THE SECOND CIRCUIT) (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 1092 Notice of Appeal,. (nd) |
| Filing 1092 NOTICE OF APPEAL from 1091 Amended Judgment,, 1089 Judgment,,. Document filed by Association of American Publishers, Inc., Jim Bouton, Canadian Standard Association, Paul Dickson, John Wiley & Sons, Inc., Herbert Mitgang, Pearson Education, Inc., The Authors Guild, The McGraw-Hill Companies, Inc.. Filing fee $ 505.00, receipt number 0208-9204161. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Rosenthal, Edward) |
| Filing 1091 AMENDED JUDGMENT amending 1089 Judgment, that, 1. Plaintiffs' Motion for Partial Summary Judgment is denied; 2. Defendant's Motion for Summary Judgment is granted; 3. Plaintiffs' claims are dismissed with prejudice; 4. Costs in this action are awarded to Defendant, as the prevailing party in this action; and 5. Any application for attorneys' fees must be made within 14 days of the final resolution of all appeals or, if no appeal is taken, within 14 days after the expiration of time for filing a notice of appeal; 6. The Clerk of the Court shall close this case. (Signed by Judge Denny Chin on 12/10/13) (Attachments: # 1 Notice of Right to Appeal)(ml) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Lynn T. Chu to RE-FILE Document 1090 FIRST MOTION for Attorney Fees. ERROR(S): No Signature or s/. (db) |
| Filing 1090 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Attorney Fees. Document filed by Writers' Representatives LLC.(Chu, Lynn) Modified on 12/9/2013 (db). |
| Terminate Transcript Deadlines (ml) |
| Filing 1089 JUDGMENT that, 1. Plaintiffs' Motion for Partial Summary Judgment is denied; 2. Defendant's Motion for Summary Judgment is granted; 3. Plaintiffs' claims are dismissed with prejudice; 4. Costs in this action are awarded to Defendant, as the prevailing party in this action; and 5. Any application for attorneys' must be made within 14 days after entry of judgment pursuant to Fed. R. Civ. P. 54(d)(2)(B)(i). (Signed by Circuit Judge Denny Chin on 11/27/13) (Attachments: # 1 Notice of Right to Appeal)(ml) |
Filing 1088
OPINION re: #103753 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication filed by Google Inc., 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version) filed by Betty Miles, The Authors Guild, Joseph Goulden, Jim Bouton. For the reasons set forth in this Opinion, plaintiffs' motion for partial summary judgment is denied and Google's motion for summary judgment is granted. Judgment will be entered in favor of Google dismissing the Complaint. Google shall submit a proposed judgment, on notice, within five business days hereof. (Signed by Judge Denny Chin on 11/14/2013) (tro) (Main Document 1088 replaced on 11/14/2013) (tro). Modified on 11/19/2013 (ca).
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| Filing 1087 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 9/23/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) |
| Filing 1086 TRANSCRIPT of Proceedings re: ARGUMENT held on 9/23/2013 before Judge Denny Chin. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/28/2013. Redacted Transcript Deadline set for 11/7/2013. Release of Transcript Restriction set for 1/4/2014.(Rodriguez, Somari) |
| Filing 1085 REPLY MEMORANDUM OF LAW in Support re: 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version).. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Boni, Michael) |
| Filing 1084 REPLY MEMORANDUM OF LAW in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 1083 NOTICE OF APPEARANCE by Jeremy Seth Goldman on behalf of The Authors Guild. (Goldman, Jeremy) |
| Filing 1082 NOTICE OF APPEARANCE by Edward Henry Rosenthal on behalf of The Authors Guild. (Rosenthal, Edward) |
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Filing 1081
ORDER: The Court is in receipt of a letter from plaintiffs' counsel, dated August 28, 2013, requesting a two-week extension of the schedule for briefing and argument of the parties' summary judgment motions. Defendant Google, Inc. opposes this request. The request is granted in part and denied in part, as follows: The deadline for plaintiffs to submit their reply brief is extended to Monday, September 16, 2013. The request for adjournment of oral argument is denied. The date of September 23, 2013 was set on July 8, 2013, more than five weeks ago. The Court will not adjourn oral argument because new counsel in this eight-year old litigation is unavailable on September 23rd because he will be attending a conference on copyright law. (Replies due by 9/16/2013.) (Signed by Judge Denny Chin, Sitting by Designation on 8/29/2013) (ja)
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| Filing 1080 SEALED DOCUMENT placed in vault.(nm) |
| Filing 1079 SEALED DOCUMENT placed in vault.(mps) |
| Filing 1078 AFFIDAVIT OF SERVICE of Google Inc.'s Responses and Objections to Plaintiffs' Statement of Undisputed Facts in Support of their Motion for Partial Summary Judgment (provisionally filed under seal) served on Michael J. Boni and Joanne E. Zack, Counsel for Plaintiffs on August 26, 2103. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 1077 COUNTER STATEMENT TO 1054 Rule 56.1 Statement. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 1076 DECLARATION of Scott Dougall in Opposition re: 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version).. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 1075 DECLARATION of Joseph C. Gratz in Opposition re: 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version).. Document filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20)(Gratz, Joseph) |
| Filing 1074 DECLARATION of Paul Aiken in Opposition re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Boni, Michael) |
| Filing 1073 DECLARATION of of Michael J. Boni in Opposition re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Attachments: # 1 Exhibit 1 (Part 1 of 3), # 2 Exhibit 1 (Part 2 of 3), # 3 Exhibit 1 (Part 3 of 3), # 4 Exhibit 2 (Part 1 of 3), # 5 Exhibit 2 (Part 2 of3), # 6 Exhibit 2 (Part 3 of 3), # 7 Exhibit 3, # 8 Exhibit 4, # 9 Exhibit 5, # 10 Exhibit 6, # 11 Exhibit 7, # 12 Exhibit 8, # 13 Exhibit 9, # 14 Exhibit 10)(Boni, Michael) |
| Filing 1072 MEMORANDUM OF LAW in Opposition re: 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version). Defendant Google Inc.'s Opposition to Plaintiffs' Motion for Partial Summary Judgment. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 1071 COUNTER STATEMENT TO 1043 Rule 56.1 Statement. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Boni, Michael) |
| Filing 1070 MEMORANDUM OF LAW in Opposition re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Boni, Michael) |
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Filing 1069
ENDORSED LETTER addressed to Judge Denny Chin, from Michael J. Boni, dated 8/23/2013, re: on behalf of all parties, plaintiffs and Google, to request that the parties be able to file their respective, non-public sealed versions of their briefs on Tuesday, August 27, 2013. The deadline to file their summary judgment opposition briefs is a day earlier, and on that date (August 26) the parties will file electronically their public, redacted versions of the brief, and will also serve one another with their undredacted versions as well. ENDORSEMENT: Approved. SO ORDERED. (Brief due by 8/27/2013.) (Signed by Judge Denny Chin on 8/26/2013) (ja)
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Filing 1068
ORDER: The briefing schedule for the parties' cross-motions for summary judgment is hereby modified as follows: (1) By August 26, 2013, the parties shall file their oppositions to the cross-motions for summary judgment. The parties shall include any arguments in response to the amici curiae briefs in their memoranda in opposition to the cross-motions. The parties' memoranda of law shall not exceed 50 pages, including any response to the amici curiae briefs. (2) By September 9, 2013, in memoranda of law not to exceed 20 pages, the parties shall file their replies in support of the cross-motions for summary judgment. (3) Oral argument on the cross-motions for summary judgment will be heard on September 23, 2013 at 2:30 PM. SO ORDERED. (Responses due by 8/26/2013, Replies due by 9/9/2013.), ( Oral Argument set for 9/23/2013 at 02:30 PM before Judge Denny Chin.) (Signed by Judge Denny Chin Sitting by Designation on 7/8/2013) (rsh)
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Filing 1067
ORDER: By August 5, 2013, the parties shall file their oppositions to the cross-motions for summary judgment. The parties shall include any arguments in response to the amici curiae briefs in their memoranda in opposition to the cross-motions. The parties' memoranda of law shall not exceed 50 pages, including any response to the amici curiae briefs. By August 19, 2013, in memoranda of law not to exceed 10 pages, the parties shall file their replies in support of the cross-motions for summary judgment. Oral argument on the cross-motions for summary judgment will be heard on September 5, 2013 at 10:00 AM. Responses due by 8/5/2013. Replies due by 8/19/2013. Oral Argument set for 9/5/2013 at 10:00 AM before Judge Denny Chin. (Signed by Judge Denny Chin Sitting by Designation on 7/1/2013) (ft) Modified on 7/12/2013 (ft).
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| Filing 1066 MANDATE of USCA (Certified Copy) USCA Case Number 12-3200-cv. Ordered, Adjudged and Decreed that the order of the District Court is VACATED and the case is REMANDED in accordance with the opinion of this Court. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 07/01/2013. (nd) |
| Filing 1065 TRUE COPY ORDER of USCA USCA Case Number 12-3200-cv. For the reasons stated, we VACATE the June 11, 2012 order of the District Court certifying plaintiffs proposed class and REMAND the cause to the District Court for consideration of the fair use issues, without prejudice to any renewal of the motion for class certification before the District Court following its decision on the fair use defense. In the interest of judicial economy, any further appeal from the decisions of the District Court shall be assigned to this panel. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 07/1/2013. (nd) |
| Filing 1064 NOTICE OF CHANGE OF ADDRESS by Cindy A. Cohn on behalf of Electronic Frontier Foundation et al.. New Address: Electronic Frontier Foundation, 815 Eddy Street, San Francisco, CA, USA 94109, 415-436-9333. (Cohn, Cindy) |
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Filing 1063
ORDER of USCA (Certified Copy) USCA Case Number 12-3200. Appellant Google, Inc. has filed a motion to stay District Court proceedings pending appeal of the class certification order and appellees have filed a response stating that they consent to the stay, although not to the arguments put forward in the motion as to why Google expects to prevail on appeal. IT IS HEREBY ORDERED that the motion to stay proceedings pending appeal is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 09/17/2012. Certified: 09/17/2012. (nd)
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Filing 1062
ORDER: The Court is in receipt of a letter from defendant Google, Inc. ("Google"), dated August 17, 2012, requesting that the Court stay all proceedings in this case pending review by the Second Circuit of this Court's May 31, 2012 Order granting class certification (the "Class Certification Order"). Plaintiffs have not responded to Google's letter. For the following reasons, the application is denied as further set forth in this order. (Signed by Judge Denny Chin on 8/28/2012) (lmb)
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| USCA Appeal Fees received $ 455.00 receipt number 465401046514 on 08/16/2012 re: 1057 USCA Order granting leave to appeal pursuant to FRAP 23(f). (nd) |
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Filing 1061
ORDER: It is hereby ordered as follows: (1) By October 24, 2012, the parties shall file their oppositions to the cross-motions for summary judgment. (2) By November 19, 2012, plaintiffs shall file their opposition to the amici curiae briefs, in a memorandum of law not to exceed 40 pages. (3) By November 19, 2012, the parties shall file their replies in support of the cross-motions for summary judgment. (4) Oral argument on the motions for summary judgment shall proceed on December 4, 2012 at 2PM., ( Responses due by 11/19/2012., Replies due by 11/19/2012.), ( Oral Argument set for 12/4/2012 at 02:00 PM before Judge Denny Chin.) (Signed by Judge Denny Chin on 8/17/2012) (lmb)
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| Set/Reset Deadlines as to 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version)., 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Responses due by 8/24/2012 (jfe) |
| Set/Reset Deadlines: ( Responses due by 9/17/2012), Set/Reset Hearings:( Oral Argument set for 10/9/2012 at 10:00 AM before Judge Denny Chin.) (jfe) |
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Filing 1060
ORDER granting 1047 Motion for Leave to File Document; granting 1051 Motion to File Amicus Brief. It is hereby ordered as follows: (1) The motions for leave to file amici curiae briefs are granted, and the proposed briefs are accepted for filing. (2) Plaintiffs shall respond to the amici curiae briefs by September 17, 2012 in a memorandum of law not to exceed 40 pages. (3) The amici curiae may not file replies. (4) The parties' oppositions to the cross-motions for summary judgment shall be filed by August 24, 2012. (5) The parties' replies in support of the cross-motions for summary judgment shall be filed by September 17, 2012. (6) Oral argument on the motions for summary judgment shall proceed on October 9, 2012 at 10 AM.. (Signed by Judge Denny Chin on 8/15/2012) (jfe)
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| Filing 1059 REPLY MEMORANDUM OF LAW in Support re: 1051 MOTION to File Amicus Brief IN PARTIAL SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION.. Document filed by Digital Humanities Scholars and Law Professors. (Siavoshy, Babak) |
| Filing 1058 REPLY to Response to Motion re: 1047 MOTION for Leave to File Amici Curiae Brief in Support of Defendant's Motion for Summary Judgment.. Document filed by America Library Association, Assocation of Research Libraries, Association of College and Research Libraries, Electronic Frontier Foundation et al.. (Band, Jonathan) |
| Appeal Fee Due: for 1057 USCA Order granting leave to appeal. $455.00 Appeal fee due by 8/28/2012. (nd) |
| Filing 1057 TRUE COPY ORDER of USCA USCA Case Number 12-2402. Petitioner, through counsel, moves, pursuant to Federal Rule of Civil Procedure 23(f), for leave to appeal the District Court's order granting Respondents' motion for class certification. Upon due consideration, it is hereby ORDERED that the petition is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/14/2012. New Case No. 12-3200. (nd) Modified on 8/28/2012 (nd). |
| Filing 1056 MEMORANDUM OF LAW in Opposition re: 1051 MOTION to File Amicus Brief IN PARTIAL SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION., 1047 MOTION for Leave to File Amici Curiae Brief in Support of Defendant's Motion for Summary Judgment. Plaintiffs' Memorandum in Opposition to Motions for Leave to File Amicus Brief. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Boni, Michael) |
| Filing 1055 BRIEF re: 1051 MOTION to File Amicus Brief IN PARTIAL SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION. (CORRECTED). Document filed by Digital Humanities Scholars and Law Professors.(Siavoshy, Babak) |
| Filing 1054 RULE 56.1 STATEMENT. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Zack, Joanne) |
| Filing 1053 DECLARATION of Joanne Zack in Support re: 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version).. Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Attachments: # 1 Exhibit 1-22, # 2 Exhibit 23, part 1, # 3 Exhibit 23, part 2, # 4 Exhibit 24-32, # 5 Exhibit 33-35, # 6 Exhibit 36-37, # 7 Exhibit 38-41, # 8 Exhibit 42, part 1, # 9 Exhibit 42, part 2-43)(Zack, Joanne) |
| Filing 1052 BRIEF re: 1051 MOTION to File Amicus Brief IN PARTIAL SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION.. Document filed by Digital Humanities Scholars and Law Professors.(Siavoshy, Babak) |
| Filing 1051 MOTION to File Amicus Brief IN PARTIAL SUPPORT OF DEFENDANT'S MOTION FOR SUMMARY JUDGMENT OR IN THE ALTERNATIVE SUMMARY ADJUDICATION. Document filed by Digital Humanities Scholars and Law Professors.(Siavoshy, Babak) |
| Filing 1050 MEMORANDUM OF LAW in Support re: 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version). (Redacted). Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild. (Zack, Joanne) |
| Filing 1049 MOTION for Summary Judgment Plaintiffs' Notice of Motion for Partial Summary Judgment (Public Version). Document filed by Jim Bouton, Joseph Goulden, Betty Miles, The Authors Guild.(Zack, Joanne) |
| Filing 1048 BRIEF re: 1047 MOTION for Leave to File Amici Curiae Brief in Support of Defendant's Motion for Summary Judgment.. Document filed by America Library Association, Assocation of Research Libraries, Association of College and Research Libraries, Electronic Frontier Foundation et al..(Band, Jonathan) |
| Filing 1047 MOTION for Leave to File Amici Curiae Brief in Support of Defendant's Motion for Summary Judgment. Document filed by America Library Association, Assocation of Research Libraries, Association of College and Research Libraries, Electronic Frontier Foundation et al..(Band, Jonathan) |
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Filing 1046
ORDER granting 1030 Motion for Babak Siavoshy to Appear Pro Hac Vice. Upon payment to the Clerk of the Court of the applicable fee.(Signed by Judge Denny Chin on 7/31/2012) (ama)
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Filing 1045
ORDER granting 1029 Motion for Jennifer M. Urban to Appear Pro Hac Vice. Upon payment to the Clerk of the Court of the applicable fee.(Signed by Judge Denny Chin on 7/31/2012) (ama) Modified on 7/31/2012 (ama).
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| Filing 1044 SEALED DOCUMENT placed in vault.(nm) |
| Filing 1043 RULE 56.1 STATEMENT. Document filed by Google Inc.. (Gratz, Joseph) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Joseph C. Gratz to RE-FILE Document 1033 Memorandum of Law in Support of Motion. Use the event type Rule 56.1 Statement found under the event list Other Answers. (db) |
| Filing 1042 DECLARATION of Gloriana St. Clair in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Attachments: # 1 Exhibit A)(Gratz, Joseph) |
| Filing 1041 DECLARATION of Stephane Jaskiewicz in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 1040 DECLARATION of Brad Hasegawa in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 1039 DECLARATION of Bruce S. Harris in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2)(Gratz, Joseph) |
| Filing 1038 DECLARATION of Kurt Groetsch in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 1037 DECLARATION of Albert N. Greco in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Attachments: # 1 Exhibit A, part 1, # 2 Exhibit A, part 2)(Gratz, Joseph) |
| Filing 1036 DECLARATION of Joseph C. Gratz in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Gratz, Joseph) |
| Filing 1035 DECLARATION of Dan Clancy in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Gratz, Joseph) |
| Filing 1034 DECLARATION of Judith A. Chevalier in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Attachments: # 1 Exhibit A)(Gratz, Joseph) |
| Filing 1033 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication. Local Rule 56.1 Statement of Uncontested Facts in Support of Defendant Google Inc.'s Motion for Summary Adjudication or in the Alternative for Summary Judgment. Document filed by Google Inc.. (Gratz, Joseph) Modified on 7/27/2012 (db). |
| Filing 1032 MEMORANDUM OF LAW in Support re: 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication.. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 1031 MOTION for Summary Judgment Notice of Defendant Google Inc.'s Motion for Summary Judgment or in the Alternative Summary Adjudication. Document filed by Google Inc..(Gratz, Joseph) |
| CASHIERS OFFICE REMARK on 1030 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/25/2012, Receipt Number 1044640. (jd) |
| Filing 1030 MOTION for Babak Siavoshy to Appear Pro Hac Vice. Document filed by Digital Humanities Scholars and Law Professors.(pgu) |
| CASHIERS OFFICE REMARK on 1029 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 07/20/2012, Receipt Number 1044226. (jd) |
| Filing 1029 MOTION for Jennifer M. Urban to Appear Pro Hac Vice. Document filed by Digital Humanities Scholars and Law Professors.(pgu) |
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Filing 1028
SCHEDULING ORDER: Motions for summary judgment due by 7/27/2012. Responses due by 8/24/2012 Replies due by 9/17/2012. Oral Argument set for 10/9/2012 at 10:00 AM before Judge Denny Chin. (Signed by Judge Denny Chin on 6/19/2012) (cd)
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| Filing 1027 ANSWER to 985 Amended Complaint,, with JURY DEMAND. Document filed by Google Inc..(Gratz, Joseph) |
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Filing 1026
ORDER GRANTING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION: It is hereby Ordered that the Class is certified, defined as set forth within this Order. Betty Miles, Joseph Goulden, and Jim Bouton are designated as Representative Plaintiffs for the Class. Boni & Zack LLC is appointed Lead Counsel, and Milberg LLP and Kohn, Swift & Graf, P.C. are appointed Class Counsel. (Signed by Judge Denny Chin, Sitting by designation on 6/11/2012) (jfe)
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Filing 1024
ENDORSED LETTER addressed to Judge Denny Chin from Joanne Zack and Joseph C. Gratz dated 5/23/2012 re: We write regarding three matters related to the upcoming briefing on the parties' contemplated motions for summary judgment. ENDORSEMENT: Redactions are to be kept to a minimum. Approved. SO ORDERED. (Signed by Judge Denny Chin on 6/01/2012) (ama) Modified on 6/7/2012 (ama).
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| Filing 1025 INTERNET CITATION NOTE: Material from decision with Internet citation re: 1023 Memorandum & Opinion. (Attachments: # 1 U.S. Copyright Office - Search Copyright Records) (tro) |
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Filing 1023
OPINION # 101856. For the reasons stated above, Google's motions to dismiss the claims of the associational plaintiffs are denied and the AG Representative Plaintiffs' motion for class certification is granted. Re: 989 MOTION to Certify Class filed by Betty Miles, The Authors Guild, Joseph Goulden, Paul Dickson, Herbert Mitgang, Daniel Hoffman, 992 MOTION to Dismiss Fourth Amended Complaint filed by Google Inc. (Signed by U.S. Circuit Judge Denny Chin Sitting by Designation on 5/31/2012) (rjm) Modified on 5/31/2012 (rjm). Modified on 6/1/2012 (ft).
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| Filing 1022 RESPONSE re: 1021 Notice (Other) of Supplemental Authority. Document filed by Joseph Goulden, Betty Miles, The Authors Guild, Jim Bouton. (Zack, Joanne) |
| Filing 1021 NOTICE of Supplemental Authority. Document filed by Google Inc.. (Attachments: # 1 Exhibit A)(Gratz, Joseph) |
| Filing 1020 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 5/3/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 1019 TRANSCRIPT of Proceedings re: ARGUMENT held on 5/3/2012 before Judge Denny Chin. Court Reporter/Transcriber: Linda Fisher, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2012. Redacted Transcript Deadline set for 6/21/2012. Release of Transcript Restriction set for 8/20/2012.(McGuirk, Kelly) |
| Filing 1018 SEALED DOCUMENT placed in vault.(nm) |
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Filing 1017
ORDER: Plaintiffs are permitted to file under seal a Reply Declaration in Support of Plaintiffs Motion for Class Certification (Confidential Portion). A public Reply Declaration in Support of Plaintiffs Motion for Class Certification has already been filed, but does not contain the confidential pages to be filed under seal. (Signed by Judge Denny Chin on 5/14/2012) (js)
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| Filing 1016 SEALED DOCUMENT placed in vault.(mps) |
| Minute Entry for proceedings held before Judge Denny Chin: Motion Hearing held on 5/3/2012. Case called for motion argument on Defendants motions to dismiss 1st amended complaint (in both cases) and Plaintiffs motion for class certification in the Authors Guild case- 05 cv 8136. Motions argued; decision reserved. (cd) |
| CASHIERS OFFICE REMARK on 1011 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 04/05/2012, Receipt Number 1034585. (jd) |
| CASHIERS OFFICE REMARK on 1012 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 04/05/2012, Receipt Number 1034548. (jd) |
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Filing 1015
ORDER. The Court is in receipt of letters from Google and the Authors Guild plaintiffs, both dated April 12, 2012. Google's request for leave to file a surreply is denied. Its request for an order compelling Mr. Edelman and Mr. Gervais to appear for depositions within the next two weeks is also denied, as expert depositions are scheduled for May 28th to June 8, 2012. Google's objection to the inclusion of expert reports in the Authors Guild plaintiffs' reply brief is noted and can be addressed at oral argument. The motions to dismiss (in both cases) and the motion for class certification (in The Authors Guild case) having been fully submitted[ the Court will hold oral argument on these motions on May 3, 2012 at 10:00 AM. (Oral Argument set for 5/3/2012 at 10:00 AM before Judge Denny Chin.) (Signed by U.S. Circuit Judge Denny Chin Sitting by Designation on 4/16/2012) (rjm) Modified on 4/16/2012 (rjm).
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Filing 1014
ORDER FOR ADMISSION PRO HAC VICE FOR DAVID F. MCGOWAN granting 1012 Motion for David F. McGowan to Appear Pro Hac Vice. (Signed by USCJ Denny Chin By Designation on 4/4/2012) (rjm)
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Filing 1013
ORDER FOR ADMISSION PRO HAC VICE FOR GENEVIEVE ROSLOFF granting 1011 Motion for Genevieve Rosloff to Appear Pro Hac Vice. (Signed by USCJ Denny Chin By Designation on 4/5/2012) (rjm) Modified on 4/11/2012 (rjm).
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| Filing 1012 MOTION for David F. McGowan to Appear Pro Hac Vice. Document filed by Google Inc..(bwa) |
| Filing 1011 MOTION for Genevieve Rosloff to Appear Pro Hac Vice. Document filed by Google Inc..(bwa) |
| Filing 1010 DECLARATION of Joanne Zack in Support re: 989 MOTION to Certify Class.. Document filed by Jim Bouton, Joseph Goulden, Betty Miles. (Attachments: # 1 Exhibit 1-3, # 2 Exhibit 4-8, # 3 Exhibit 9-12, # 4 Exhibit 13-14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17-18)(Zack, Joanne) |
| Filing 1009 DECLARATION of Joanne Zack in Support re: 989 MOTION to Certify Class.. Document filed by Jim Bouton, Joseph Goulden, Betty Miles. (Zack, Joanne) |
| Filing 1008 REPLY MEMORANDUM OF LAW in Support re: 989 MOTION to Certify Class.. Document filed by Jim Bouton, Joseph Goulden, Betty Miles. (Zack, Joanne) |
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Filing 1007
SCHEDULING ORDER: At the request of the parties Opening expert reports shall be filed by May 4, 2012. b. Rebuttal expert reports shall be filed by May 24, 2012. c. Expert depositions shall be completed between May 28, 2012 to June 8,2012.d.Motions for Summary Judgment shall be filed by June 14, 2012. e. Oppositions to Motions for Summary Judgment shall be filed by July 23, 2012. f. Replies in Support of Motions for Summary Judgment shall be filed by August 13, 2012. Motions due by 6/14/2012. Responses due by 7/23/2012 Replies due by 8/13/2012. (Signed by Judge Denny Chin on 3/27/2012) (js)
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| Filing 1006 MEMO ENDORSEMENT on 998 MOTION FOR LEAVE TO WITHDRAW APPEARANCE: Motion GRANTED. DeVore and DeMarco, LLP, is hereby RELIEVED as counsel for the class members listed above. ***Attorney Andrew C. DeVore and Amin S. Kassam terminated. (Signed by Judge Denny Chin on 3/26/2012) (ab) |
| Filing 1005 REPLY MEMORANDUM OF LAW in Support re: 992 MOTION to Dismiss Fourth Amended Complaint.. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 1004 DECLARATION of Daniel Clancy in Opposition re: 989 MOTION to Certify Class.. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 1003 DECLARATION of Joseph C. Gratz in Opposition re: 989 MOTION to Certify Class.. Document filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10A, # 11 Exhibit 10B, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16)(Gratz, Joseph) |
| Filing 1002 DECLARATION of E. Gabriel Perle in Opposition re: 989 MOTION to Certify Class.. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 1001 DECLARATION of Hal Poret in Opposition re: 989 MOTION to Certify Class.. Document filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Appendix A, # 3 Appendix B, # 4 Appendix C, # 5 Appendix D, # 6 Appendix E, # 7 Appendix F)(Gratz, Joseph) |
| Filing 1000 MEMORANDUM OF LAW in Opposition re: 989 MOTION to Certify Class.. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 999 DECLARATION of Amin Kassam in Support re: 998 MOTION for Amin Kassam and Andrew DeVore to Withdraw as Attorney.. Document filed by Arlo Guthrie, Catherine Ryan Hyde, Eugene Linden, Julia Wright. (Kassam, Amin) |
| Filing 998 MOTION for Amin Kassam and Andrew DeVore to Withdraw as Attorney. Document filed by Arlo Guthrie, Catherine Ryan Hyde, Eugene Linden, Julia Wright.(Kassam, Amin) |
| Filing 997 MEMORANDUM OF LAW in Opposition re: 992 MOTION to Dismiss Fourth Amended Complaint.. Document filed by The Authors Guild. (Zack, Joanne) |
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Filing 996
SCHEDULING ORDER: The following deadlines shall apply: a. Plaintiffs' opposition to defendant's motion to dismiss shall be filed by 2/6/2012; b. Defendant's response to the class certification motion shall be filed by 2/8/2012; c. Defendant's reply in support of its motion to dismiss shall be filed by 2/17/2012; d. Plaintiffs' reply in support of their class certification motion shall be filed by 4/3/2012; e. Fact discovery shall be completed by 4/13/2012. The remaining deadlines set forth in the Court's 9/16/2011 Scheduling Order shall remain in place. (Signed by Judge Denny Chin on 1/17/2012) (ft)
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Filing 995
STIPULATION AND ORDER FOR WITHDRAWAL OF HERBERT MITGANG, DANIEL HOFFMAN, AND PAUL DICKSON AS REPRESENTATIVE PLAINTIFFS: All claims of representative plaintiffs Herbert Mitgang, Daniel Hoffman, and Paul Dickson are voluntarily dismissed. The dismissals are without prejudice, and Herbert Mitgang, Daniel Hoffman, and Paul Dickson retain all right as members of the putative class in this action. The foregoing is without costs, disbursements, or counsel fees to any party. Herbert Mitgang, Paul Dickson and Daniel Hoffman terminated. (Signed by Judge Denny Chin on 1/17/2012) (ft)
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| Filing 994 NOTICE of Request for Judicial Notice in Support of Motion to Dismiss Fourth Amended Complaint re: 992 MOTION to Dismiss Fourth Amended Complaint.. Document filed by Google Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Gratz, Joseph) |
| Filing 993 MEMORANDUM OF LAW in Support re: 992 MOTION to Dismiss Fourth Amended Complaint.. Document filed by Google Inc.. (Gratz, Joseph) |
| Filing 992 MOTION to Dismiss Fourth Amended Complaint. Document filed by Google Inc.. Responses due by 1/23/2012(Gratz, Joseph) |
| Filing 991 DECLARATION of Joanne Zack in Support re: 989 MOTION to Certify Class.. Document filed by Paul Dickson, Joseph Goulden, Daniel Hoffman, Betty Miles, Herbert Mitgang, The Authors Guild. (Attachments: # 1 Exhibit 1-12, # 2 Exhibit 13-23)(Zack, Joanne) |
| Filing 990 MEMORANDUM OF LAW in Support re: 989 MOTION to Certify Class.. Document filed by Paul Dickson, Joseph Goulden, Daniel Hoffman, Betty Miles, Herbert Mitgang, The Authors Guild. (Zack, Joanne) |
| Filing 989 MOTION to Certify Class. Document filed by Paul Dickson, Joseph Goulden, Daniel Hoffman, Betty Miles, Herbert Mitgang, The Authors Guild. (Attachments: # 1 Text of Proposed Order)(Zack, Joanne) |
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Filing 988
SCHEDULING ORDER: IT IS HEREBY ORDERED as follows: The following deadlines shall apply: a. Defendant's motions to dismiss shall be filed by December 23, 2011. b. Plaintiffs' oppositions to defendant's motions shall be filed by January 23, 2012. c. Defendant's replies shall be filed by February 3, 2012. The deadlines set forth in the Court's September 16, 2011 Scheduling Order shall remain in place. Motions due by 12/23/2011. Responses due by 1/23/2012. Replies due by 2/3/2012. (Signed by Judge Denny Chin on 11/28/2011) (rjm)
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Filing 987
ENDORSED LETTER addressed to Judge Denny Chin from Joseph C. Gratz dated 10/25/2011 re: Counsel for the defendant writes on behalf of all parties to request an extension of Defendants time to file its response to the complaint, until 11/28/2011. ENDORSEMENT: Application GRANTED. The deadline set forth in the Court's 9/16/11 Scheduling Order shall otherwise remain in place. SO ORDERED. (Signed by Judge Denny Chin on 10/28/2011) (ft)
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Filing 986
ENDORSED LETTER addressed to Judge Denny Chin from Joseph C. Gratz dated 10/18/2011 re: Counsel for both parties request that the Court permit Defendant to file its response to the complaint on or before 11/7/2011. ENDORSEMENT: Approved, but FINAL. SO ORDERED. (Signed by Judge Denny Chin on 10/20/2011) (ft)
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| Filing 985 FOURTH AMENDED CLASS ACTION COMPLAINT amending 782 Amended Complaint against Google Inc. with JURY DEMAND.Document filed by Paul Dickson, Joseph Goulden, Daniel Hoffman, Betty Miles, Herbert Mitgang, The Authors Guild. Related document: 782 Amended Complaint filed by Canadian Standard Association, Simon & Schuster, Inc., Herbert Mitgang, John Wiley & Sons, Inc., Betty Miles, Association of American Publishers, Inc., Daniel Hoffman, The McGraw-Hill Companies, Inc., Pearson Education, Inc.(mro) |
| ***DELETED DOCUMENT. Deleted document number 985 Transcript. The document was incorrectly filed in this case. (tro) |
| Filing 984 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/15/2011 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 983 TRANSCRIPT of Proceedings re: Conference held on 9/15/2011 before Judge Denny Chin. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/17/2011. Redacted Transcript Deadline set for 10/27/2011. Release of Transcript Restriction set for 12/23/2011.(McGuirk, Kelly) |
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Filing 982
SCHEDULING ORDER: Any Motion to Amend the Third Amended Complaint by October 14, 2011. Plaintiffs' Class Certification Motion by December 12, 2011. Defendants' Response Class Certification Motion by January 26, 2012. Plaintiffs' Reply in further support of Class Certification Motion by March 12, 2012. Motions for summary judgment due by 5/31/2012. Responses to summary judgment motion due by 7/9/2012 Reply in support of summary judgment due by 7/30/2012. Expert deposition from 5/14/12 through 5/25/2012. Merits discovery shall be completed by 3/30/2012. Oral Argument set for 9/6/2012 at 11:00 AM before Judge Denny Chin. (Signed by Judge Denny Chin on 9/16/2011) (jfe)
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| Magistrate Judge Andrew J. Peck is so redesignated. (pgu) |
| Minute Entry for proceedings held before Judge Denny Chin: Status Conference held on 9/15/2011. All counsel present. Status Conference held. The parties have submitted a proposed scheduling order. The Court will adopt the proposed schedule and issue an order. (mro) |
| Filing 981 ENDORSED LETTER addressed to Judge Denny Chin from Colin A. Underwood dated 9/12/2011 re: We write to inform the Court that, as a result of our firm's recent hiring of Julian Perlman from Mishcon de Reya New York LLP and Mr. Perlman's prior representation of plaintiffs in this litigation, our firm is in the process of being retained by the American Society of Media Photographers ("ASMP") as special counsel in connection with ASMP's claims against Google. ENDORSEMENT: The Court will address this issue at the conference tomorrow. (Signed by Judge Denny Chin on 9/14/2011) (lmb) |
| Filing 980 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 7/19/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 979 TRANSCRIPT of Proceedings re: Conference held on 7/19/2011 before Judge Denny Chin. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/25/2011. Redacted Transcript Deadline set for 9/5/2011. Release of Transcript Restriction set for 11/3/2011.(McGuirk, Kelly) |
| Filing 978 BRIEF CITATION OF NEW AUTHORITY (SUPREME COURT'S WAL-MART OPINION ON CLASS ACTION CERTIFICATION). Document filed by Robert M. Kunstadt.(Maggioni, Ilaria) |
| Filing 977 NOTICE OF APPEARANCE by Ilaria Maggioni on behalf of Robert M. Kunstadt (Maggioni, Ilaria) |
| Minute Entry for proceedings held before Judge Denny Chin: Status Conference held on 7/19/2011, ( Status Conference set for 9/15/2011 at 11:00 AM before Judge Denny Chin.). (mbe) |
| Filing 975 NOTICE of Compliance with the Clerk's 4/6/2011 Note to refile document Manually. (mbe) |
| Filing 976 NOTICE of Filing Amended Certificate of Service. Document filed by Darlene Marshall. (mbe) |
| Filing 974 ENDORSED LETTER addressed to Judge Denny Chin from Bruce P. Keller dated 4/14/2011 re: The parties respectfully request that the upcoming status conference scheduled for 4/25/11 be rescheduled for 6/1/11 at 4 p.m. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge Denny Chin on 4/14/2011) (jfe) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Matthew Jay Weiss to MANUALLY RE-FILE Document No. 973 Petition. This document is not filed via ECF. (ka) |
| Filing 973 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - BILL OF COSTS (Petition to Preserve Claim For Incentive Award And Attorneys' Fees). Document filed by Darlene Marshall.(Weiss, Matthew) Modified on 4/6/2011 (ka). |
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Filing 972
ORDER: The Court's Opinion, dated March 22, 2011, is hereby amended at pages 47 and 48 to list the appearance of counsel for the United States of America, as further set forth in this Order. (Signed by Judge Denny Chin on 3/24/2011) (mro)
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Filing 971
OPINION: #100080 In the end, I conclude that the ASA is not fair, adequate, and reasonable. As the United States and other objectors have noted, may of the concerns raised in the objections would be ameliorated if the ASA were converted from an "opt-out" settlement to an "opt-in" settlement. I urge the parties to consider revising the ASA accordingly. The motion for final approval of the ASA is denied, without prejudice to renewal in the event the parties negotiate a revised settlement agreement. The motion for an award of attorneys' fees and costs is denied, without prejudice. The Court will hold a status conference on 4/25/2011, at 4:30 p.m. in Courtroom 11A of the Daniel Patrick Moynihan Courthouse. (Status Conference set for 4/25/2011 at 04:30 PM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge Denny Chin.) (Signed by Judge Denny Chin on 3/22/2011) (tro) Modified on 3/24/2011 (ajc).
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Filing 970
STIPULATION AND ORDER TO EXTEND CASH PAYMENT DEADLINE: The parties to the above-captioned case and to The McGraw-Hill Companies, Inc., et al. v. Google Inc., No. 05 CV 8881, by and through their undersigned counsel, hereby agree that the proposed Amended Settlement Agreement, dated November 13,2009, is amended as follows: (see order). (Signed by Judge Denny Chin on 2/18/2011) (jar)
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| Filing 969 Letter from Edward R. Clark dated January 3, 2011 re: Please advise if the Court has approved the settlement in the above case. Considering the Fairness Hearing was conducted nearly a year ago, I'm suspicious that the Settlement Administrator, Rust Consulting, Inc. of Minneapolis, MN is not being honest, claiming the Court has not approved the settlement. (arc) |
| Filing 968 TRANSCRIPT of proceedings held on February 18, 2010 at 10:10 am before Judge Denny Chin. (eef) |
| Filing 967 MEMO ENDORSEMENT on re: 848 Motion to File Amicus Brief. ENDORSEMENT: The application was granted, as the brief was accepted and the Japan P.E.N. Club's lawyer was heard at the hearing. So Ordered. (Signed by Judge Denny Chin on 9/30/2010) (jfe) |
| CASHIERS OFFICE REMARK on 964 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/25/2010, Receipt Number 898543. (jd) |
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Filing 966
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 964 Motion for Paul D. Rothstein to Appear Pro Hac Vice. Paul D. Rothstein is admitted to practice pro hac vice as counsel for Objector Darlene Marshall in this action. (Signed by Judge Denny Chin on 4/2/2010) (tro)
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Filing 964
MOTION for Paul D. Rothstein to Appear Pro Hac Vice. Document filed by Darlene Marshall.(mro)
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Filing 963
TRANSCRIPT of proceedings held on 2/18/2010 before Judge Denny Chin. (jfe)
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Filing 962
TRANSCRIPT of proceedings held on 2/18/2010 before Judge Richard Owen. (jfe)
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Filing 961
ENDORSED LETTER addressed to Judge Denny Chin from David Bolt dated 1/28/10 re: Canadian authors who are part of the proposed Author Sub Class object to the amended settlement in the Google Book Search Copyright Class Action. ENDORSEMENT: This letter is accepted for filing as a timely objection. So Ordered. (Signed by Judge Denny Chin on 3/9/10) (dle)
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Filing 960
MANDATE of USCA (Certified Copy) as to 780 Amended Notice of Appeal, filed by Picture Archive Council of America, Lou Jacobs, Jr, Peter Turner, North American Nature Photography Association, Dan Budnick, The American Society of Media Photographers, Inc., Joel Meyerowitz, Graphic Artists Guild, 752 Notice of Appeal, filed by Picture Archive Council of America, Lou Jacobs, Jr, Peter Turner, North American Nature Photography Association, Dan Budnick, Joel Meyerowitz, The American Society of Media Photographers, Inc. USCA Case Number 09-4161. Insofar as no opposition has been filed hereto, IT IS HEREBY ORDERED that the motion for voluntary Dismissal be, and it hereby is GRANTED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 2/22/2010. (nd)
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Filing 959
NOTICE OF APPEARANCE by John W. Davis on behalf of David Meininger (Davis, John)
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Filing 958
Objection [supplemental]. Document filed by David Meininger. (Davis, John)
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Filing 957
MANDATE of USCA (Certified Copy) as to 756 Notice of Appeal filed by Lewis Hyde, Harry Lewis USCA Case Number 09-4224-cv(con. Ordered that the appeal is DISMISSED. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 2/19/2010. (nd)
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Filing 956
DECLARATION of Katherine Kinsella in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final 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, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Cunard, Jeffrey)
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Filing 955
SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement. / Plaintiffs' Supplemental Memorandum Responding to Specific Objections. Document filed by Association of American Publishers, Inc., The McGraw-Hill Companies, Inc., Pearson Education, Inc., Simon & Schuster, Inc., John Wiley & Sons, Inc.. (Keller, Bruce)
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Filing 954
DECLARATION of Belinda Bulger in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final 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 Exhibits 1-5 to Bulger Declaration, # 2 Exhibit 6 to Bulger Declaration)(Keller, Bruce)
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Filing 953
DECLARATION of Tiffaney Allen in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final 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, # 2 Exhibit)(Cunard, Jeffrey)
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Filing 952
DECLARATION of Paul Aiken in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final 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.. (Keller, Bruce)
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Filing 951
DECLARATION of Jeffrey P. Cunard in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final 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, # 2 Exhibit, # 3 Exhibit)(Cunard, Jeffrey)
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Filing 950
DECLARATION of Owen Atkinson in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final 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.. (Keller, Bruce)
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Filing 949
DECLARATION of Richard Sarnoff in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final 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.. (Keller, Bruce)
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Filing 948
DECLARATION of Daphne Keller in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement.. Document filed by Google Inc.. (Attachments: # 1 Exhibit A (Google Books Privacy Policy))(Gratz, Joseph)
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Filing 947
MEMORANDUM OF LAW in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement. / Memorandum of Law in Support of Plaintiffs' Motion for Final Settlement Approval. Document filed by Association of American Publishers, Inc., The McGraw-Hill Companies, Inc., Pearson Education, Inc., Simon & Schuster, Inc., John Wiley & Sons, Inc.. (Keller, Bruce)
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Filing 946
DECLARATION of Daniel Clancy in Support re: 945 MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final Approval of Amended Settlement Agreement.. Document filed by Google Inc.. (Gratz, Joseph)
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Filing 945
MOTION to Approve Amended Settlement Agreement / Notice of Motion for Final 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 [Proposed] Final Judgment and Order of Dismissal)(Keller, Bruce)
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Filing 944
DECLARATION of Michael J. Boni (w/Exhibits A-E) in Support re: 942 MOTION for Attorney Fees Notice of Motion and Motion for Approval of Attorneys' Fees and Reimbursement of Costs.. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Attachments: # 1 Exhibit F -- Declaration of Sanford P. Dumain, # 2 Exhibit G -- Declaration of Robert J. LaRocca)(Boni, Michael)
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Filing 943
MEMORANDUM OF LAW in Support re: 942 MOTION for Attorney Fees Notice of Motion and Motion for Approval of Attorneys' Fees and Reimbursement of Costs. Memorandum of Law in Support of Motion of Counsel for the Author Sub-Class for an Award of Fees and Reimbursement of Costs. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. (Boni, Michael)
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Filing 942
MOTION for Attorney Fees Notice of Motion and Motion for Approval of Attorneys' Fees and Reimbursement of Costs. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman.(Boni, Michael)
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Filing 941
BRIEF of Google Inc. in Support of Motion for Final Approval of Amended Settlement Agreement. Document filed by Google Inc..(Gratz, Joseph)
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Filing 940
NOTICE of State of CT Withdrawal of Request to Appear at Feb 18, 2010 Fairness Hearing re: 914 Notice (Other). Document filed by Richard Blumenthal CT Attorney General. (Becker, Gary)
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Filing 939
NOTICE of INTENT TO APPEAR that the undersigned, of the law firm of Eaton & Van Winkle, LLP, intends to appear at the Fairness Hearing in the above-captioned action, currently scheduled for February 18,2010. ENDORSEMENT: Counsel may appear, but as this matter us untimely and numerous request to speck have been received counsel will not be permitted to speck. SO ORDERED. Document filed by Lewis Hyde, Harry Lewis, Charles Nesson, Nicholas Negroponte. (jmi) Modified on 2/11/2010 (jmi).
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Filing 935
NOTICE of Withdrawal of Request to Appear at the February 18, 2010 Fairness Hearing. Document filed by Questia Media Inc.. (Kaplan, Lee)
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Filing 938
ENDORSED LETTER addressed to Office of the Clerk, J. Michael McMahon from Stuart Bernstein dated 2/4/2010 re: Please accept this letter as a notice of my intent to speak at the 2/18/2010 Fairness Hearing in the matter of the Amended Google Book Settlement. ENDORSEMENT: As this request was received on 2/9/2010, it is untimely. In light of the number of requests to speak, this request is DENIED as untimely. Mr. Bernstein is welcome to attend. (Signed by Judge Denny Chin on 2/9/2010) (tro)
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Filing 937
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 907 Motion for Michael K. Kellogg to Appear Pro Hac Vice. Michael K. Kellogg is admitted to practice pro hac vice as counsel for AT&T Corp. and its affiliates in this action. (Signed by Judge Denny Chin on 2/9/2010) (tro)
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Filing 936
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 906 Motion for Kiran Sriram Raj to Appear Pro Hac Vice. Kiran Sriram Raj is admitted to practice pro hac vice as counsel for AT&T Corp. and its affiliates in this action. (Signed by Judge Denny Chin on 2/9/2010) (tro)
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Filing 934
NOTICE of of Intent to Appear by Marc Rotenberg on Behalf of the Electronic Privacy Information Center. Document filed by Electronic Privacy Information Center. (Rotenberg, Marc)
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Filing 933
NOTICE of Intent To Appear. Document filed by Charles Nesson, Nicholas Negroponte, Lewis Hyde, Harry Lewis. (Garbus, Martin)
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Filing 932
ORDER; that two additional entities have also notified the Court of their desire to be heard at the fairness hearing against the proposed settlement in this case: (1) The Commonwealth of Pennsylvania; and (2) Writers' Representatives LLC and Richard A. Epstein. They will be permitted to speak at the hearing, in accordance with the procedures set forth in the order dated February 5, 2010. (Signed by Judge Denny Chin on 2/8/10) (pl)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 931 HAS BEEN REJECTED. Note to Attorney Lynn Chu : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (KA)
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Filing 931
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE OF APPEARANCE by Lynn T. Chu on behalf of Writers' Representatives LLC(LETTER). (Chu, Lynn) Modified on 2/8/2010 (KA).
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Filing 930
ORDER: The Hearing will be held at 500 Pearl Street, New York, New York in Courtroom 23B at 10:00 a.m. on February 18, 2010. Overflow seating will be available in Courtroom 11A, where video of the proceeding will be provided. Seats will be reserved in the Courtroom for the parties, the government, and the twenty-six above-listedobjectors, supporters, and amici. If any of the objectors, supporters, or amici listed above has not provided the name of the representative who will be speaking, it shall provide the name in writing to the Court promptly. (Signed by Judge Denny Chin on 2/5/2010) (jpo)
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Filing 929
NOTICE OF INTENT TO BE HEARD: Please let it be known that Joseph V. Saphia, attorney for amicus curiae VG Wort, intends to appear and be heard at this Court's February 18, 2009 hearing. (jpo)
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Filing 928
LETTER addressed to Judge Denny Chin from Jennifer B. Coplan dated 2/4/2010 re: Requesting leave from the Court to appear at the fairness hearing scheduled for February 18, 2010. (jpo)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 915 HAS BEEN REJECTED. Note to Attorney Jennifer B. Coplan : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (KA)
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Filing 927
LETTER addressed to Office of the Clerk, J. Michael McMahon from Susan Bergholz dated 1/26/2010 re: Objection to the settlement agreement. (tro) (tro).
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Filing 926
LETTER addressed to Judge Denny Chin from Philip Roberts dated 1/29/2010 re: The John Hopkin's University's Withdrawal of Objection to Settlement Agreement and Certificate of Service. *Withdrawal of Objection to Settlement Agreement attached hereto. (tro)
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Filing 925
SUPPLEMENTAL OBJECTION of Alex M.G. Burton re: For the reasons set forth in Mr. Burton's original and supplemental objection, this settlement should not be approved or the settlement classes certified. (tro)
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Filing 924
PETITION to Withdraw ProQuest LLC's Objections to the First Proposed Settlement. Document filed by Proquest, LLC. (tro)
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Filing 923
NOTICE of Intent to appear at Fairness Hearing on 2/18/2010. *Letter Addressed to Judge Denny Chin, From Sarah Canzoneri, dated 1/28/2010 re: Objection to the Settlement Agreement, attached hereto. Document filed by Sarah E. Cazoneri. (tro) Modified on 2/5/2010 (tro).
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Filing 922
NOTICE of Statement of Interest. Document filed by United States of America. (Clopper, John)
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Filing 921
LETTER addressed to Judge Denny Chin from Brett Smith dated 1/28/2010 re: The Free Software Foundation writes to urge the Court to reject the proposed settlement until the objections further set forth in this letter are addressed, including that terms are incorporated to ensure that works covered by Free licenses are always included in the Google Books Search database under the terms of that same license. (tve)
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Filing 920
LETTER addressed to Judge Denny Chin from Lateet Mtima and Steven D. Jamar dated 1/27/2010 re: The Institute of Intellectual Property and Social Justice at the Howard University School of Law respectfully requests leave to address the Court on February 18, 2010, on the Google Books Settlement Agreement. (tve)
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Filing 919
NOTICE of Intent to Appear at the Fairness Hearing on February 18, 2010. Document filed by French Republic. (Max, Theodore)
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Filing 918
NOTICE of Intent to Appear at the Fairness Hearing on February 18, 2010. Document filed by Federal Republic of Germany. (Max, Theodore)
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Filing 917
NOTICE of to Appear at the Fairness Hearing. Document filed by Questia Media Inc.. (Kaplan, Lee)
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Filing 916
NOTICE of Intent to Appear. Document filed by AT&T CORP.. (Guzman, Michael)
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Filing 915
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - REQUEST TO PARTICIPATE of Sony Electronics at the February 18, 2010 Fairness Hearing as Amicus Curiae(LETTER). Document filed by Sony Electronics Inc..(Coplan, Jennifer) Modified on 2/5/2010 (KA).
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Filing 914
NOTICE of Intent to Appear at the February 18, 2010 Fairness Hearing re: 851 Objection (non-motion). Document filed by Richard Blumenthal CT Attorney General. (Becker, Gary)
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Filing 913
NOTICE of Intent to Appear. Document filed by Carl Hanser Verlag, Lynley Hood, New Zealand Society of Authors, Associazone Italiana Editori, Borsenverein des Deutschen Buchhandels, Schweizer Buchhandler - und Verleger-Verband SBVV, Hauptverband des Osterreichischen Buchhandels. (Arato, Cynthia)
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Filing 912
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Associazone Italiana Editori.(Arato, Cynthia)
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CASHIERS OFFICE REMARK on 906 Motion to Appear Pro Hac Vice, 907 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 02/02/2010, Receipt Number 893451. (jd)
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Filing 911
REQUEST TO PARTICIPATE of Consumer Watchdog at the February 18, 2010 Fairness Hearing as Amicus Curiae. Document filed by Consumer Watchdog.(Fetterman, Daniel)
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Filing 910
NOTICE of of Intent to Appear at Fairness Hearing. Document filed by Electronic Privacy Information Center. (Rotenberg, Marc)
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Filing 909
NOTICE of INTENT TO APPEAR AT THE FEBRUARY 18, 2010 FAIRNESS HEARING. Document filed by Open Book Alliance. (Boccanfuso, Anthony)
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Filing 908
NOTICE of INTENT TO APPEAR AT THE FEBRUARY 18, 2010 FAIRNESS HEARING. Document filed by The Internet Archive. (Boccanfuso, Anthony)
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Filing 907
MOTION for Michael Kerry Kellogg to Appear Pro Hac Vice. Document filed by AT&T CORP.(mro)
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Filing 906
MOTION for Kiran Sriram Raj to Appear Pro Hac Vice. Document filed by AT&T CORP.(mro)
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Filing 905
NOTICE of of Intent to Appear by Amazon.com, Inc.. Document filed by Amazon.com, Inc.. (Wiles, Alexander)
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Filing 904
NOTICE of Intent to Appear at the February 18, 2010 Fairness Hearing. Document filed by Arlo Guthrie, Julia Wright, Catherine Ryan Hyde, Eugene Linden. (DeVore, Andrew)
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Filing 903
LETTER addressed to Judge Denny Chin from Ron Lazebrik dated 1/28/2010 re: Counsel writes to inform that SFWA and ASJA are members of the Author Sub-Class in this action and object to the proposed amended settlement agreement. Attached herein is that Objection of Science Fiction and Fantasy Writes of America, Inc., and American Society of Journalists and Authors Inc., to the Amended Settlement Agreement. (jfe)
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Filing 902
NOTICE OF INTENT TO APPEAR filed by Science Fiction and Fantasy Writers of America, Inc., and the American Society of Journalists and Authors, Inc. (jfe)
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Filing 901
OBJECTION OF WASHINGTON LEGAL FOUNDATION TO AMENDED PROPOSED SETTLEMENT AND TO CERTIFICATION OF THE PROPOSED SETTLEMENT CLASS AND SUBCLASSES. Filed by Richard A. Samp. (jfe)
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Filing 900
LETTER addressed to Judge Denny Chin from James L. Turk dated 1/28/2010 re: CAUT writes to you to register its objection to the proposed amended settlement agreement. (jfe)
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Filing 899
LETTER addressed to Judge Denny Chin from Lewis Hyde dated 1/27/2010 re: Counsel writes to amend the letter of objection that counsel wrote last August in regard to The Authors Guild, Inc., et al. v. Google Inc. (jfe)
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Filing 898
LETTER addressed to Judge Denny Chin from Gregory Crane dated 8/7/2009 re: In support of the books Google has digitalized reach the widest possible audience as quickly as possible. (jfe)
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Filing 897
NOTICE OF APPEARANCE by Alexandra A. E. Shapiro on behalf of Associazone Italiana Editori (Shapiro, Alexandra)
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Filing 896
NOTICE of Intent to Appear at the Feb. 18, 2010 Fairness Hearing. Document filed by Microsoft Corporation. (Rubin, Thomas)
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Filing 895
BRIEF OF AMICUS CURIAE PUBLIC KNOWLEDGE IN OPPOSITION TO THE AMENDED PROPOSED SETTLEMENT. Document filed by Public Knowledge.(jpo)
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Filing 894
LETTER addressed to Office of the Clerk from Martin Kahn dated 1/27/2010 re: Requesting the Court's approval to withdraw its objections, filed on September 8, 2009, pursuant to Rules 23(e)(5) of the F.R.C.P.. (jpo)
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Filing 893
LETTER addressed to Office of the Clerk, J. Michael McMahon from Pamela Samuelson dated 1/27/2010 re: I am writing to express my intent to appear at the Fairness Hearing for the above cited case, currently scheduled for February 18, 2010. (jpo)
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Filing 892
LETTER addressed to Office of the Clerk, J. Michael McMahon from Moira Munro dated 1/16/2010 re: I hope that the Court will refuse to certify the class and reject the Amended Settlement Agreement. (jpo)
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Filing 891
LETTER addressed to Judge Denny Chin from Kees Holierhoek dated 1/26/2010 re: Requesting the Court's permission to submit this letter as an amicus curiae brief opposing approval of the Amended Settlement Agreement. (jpo)
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Filing 890
LETTER addressed to Judge Denny Chin from Tony Simpson dated 1/27/2010 re: Requesting the Court's permission to submit this letter as an amicus brief opposing approval of the Amended Settlement Agreement in this case. (jpo)
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Filing 889
LETTER addressed to William F. Cavanaugh from Joanne Merriam dated 1/25/2010 re: I write to express my views and concerns regarding how the United States should respond to the Amended Settlement Agreement filed on November 13, 2009. (jpo)
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Filing 888
LETTER addressed to Office of the Clerk, J. Michael McMahon from Stuart Bernstein dated 1/26/2010 re: We beseech the Court to give authors back their rights. Force Google to negotiate like any other publisher. (jpo)
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Filing 887
LETTER addressed to Judge Denny Chin from Jennifer S. Jackson dated 1/27/2010 re: The State of Texas writes to object to the Amended Settlement Agreement. (jpo)
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Filing 886
LETTER addressed to Office of the Clerk, J. Michael McMahon from Donic Bettanin dated 1/22/2010 re: We wish to lodge an objection to the Amendments to the Original Google Book Settlement. (jpo)
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Filing 885
LETTER addressed to Office of the Clerk, J. Michael McMahon from Paulina Borsook dated 1/26/2010 re: Requesting that the Court junk Google Book Settlement 2.0 in favor of something that actually benefits and respects creators, and shows vision not blinded by Google dust. (jpo)
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Filing 884
LETTER addressed to Office of the Clerk, J. Michael McMahon from William Ash dated 1/12/2010 re: As an authors and publishers, I and my partner, Naomi Otsubo, would like to state our objections to the amended Google Book Settlement. (jpo)
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Filing 883
LETTER addressed to Judge Denny Chin from Antonio Ma. Avila dated 1/26/2010 re: We therefore object to the Amended Settlement Agreement. (jpo)
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Filing 882
LETTER addressed to Judge Denny Chin from Christian Cherdon dated 1/22/2010 re: Requesting that the Court deny final approval of the Amended Settlement Agreement. (jpo)
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Filing 881
LETTER addressed to Judge Denny Chin from Samantha Holman dated 1/26/2010 re: Requesting that Court's permission to submit this letter as an amicus curiae brief opposing approval of the Amended Settlement Agreement in this case. (jpo) (jpo).
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Filing 880
LETTER addressed to Judge Denny Chin from John B. Morris dated 1/28/2010 re: I am writing for two purposes: to submit an amended version of our amicus brief and to request tp appear at the hearing. (jpo)
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Filing 879
NOTICE OF INTENT TO APPEAR: I, Scott E. Gant, hereby notify the Court of my intent to appear at the Fairness Hearing in the above captioned case, currently scheduled for February 18, 2010. As explained in my Objection, filed in August 2009, I will be appearing in my individual capacity, as a member of the proposed Author Sub-Class. (jpo)
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Filing 878
LETTER addressed to Judge Denny Chin from Franziska Eberhard dated 1/21/2010 re: ProLitteris therefore requests the Court to deny final approval of the Amended Settlement Agreement unless the following amendments are made, as set forth in this letter. (jpo)
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Filing 877
LETTER addressed to Office of the Clerk, J. Michael McMahon from Rodger Touchie dated 1/28/2010 re: We consider the amended Settlement to be in the best interest of the majority of our members, particularly because it allows many Canadian publishers and/or authors to opt out of the agreement, with a process for doing so that is logical and transparent. (jpo)
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Filing 876
LETTER addressed to Office of the Clerk, J. Michael McMahon from M. Le Fanu dated 1/22/2010 re: In conclusion, our Management Committee and most members who have expressed a view consider that at a time when the creative industries are struggling to find "new models" for the digital age which can satisfy both rights holders and users, the Google Book Settlement offers a reasonable and practical way forward. (jpo)
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Filing 875
LETTER addressed to Judge Denny Chin from Teresa Cremisi dated 1/26/2010 re: We therefore object to the amended settlement agreement by reference to the observations of French Publishers Association in its amicus curiae letter, which hereby become an integral part of our own objections as filed herewith. (jpo)
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Filing 874
Objection of Microsoft Corporation to Proposed Amended Settlement and Certification of Proposed Settlement Class and Sub-Classes. Document filed by Microsoft Corporation. (Rubin, Thomas)
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Filing 873
NOTICE OF APPEARANCE by Cynthia S. Arato on behalf of Associazone Italiana Editori (Arato, Cynthia)
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Filing 872
DECLARATION of Christian Sprang in Support re: 868 Objection (non-motion). Document filed by Borsenverein des Deutschen Buchhandels. (Arato, Cynthia)
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Filing 871
DECLARATION of Inge Kralupper in Support re: 868 Objection (non-motion). Document filed by Hauptverband des Osterreichischen Buchhandels. (Arato, Cynthia)
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Filing 870
DECLARATION of Stephan Joss in Support re: 868 Objection (non-motion). Document filed by Carl Hanser Verlag. (Arato, Cynthia)
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Filing 869
DECLARATION of Pierfrancesco Attanasio in Support re: 868 Objection (non-motion). Document filed by Associazone Italiana Editori. (Arato, Cynthia)
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Filing 868
Objection to the Amended Settlement Agreement. Document filed by Carl Hanser Verlag, Lynley Hood, New Zealand Society of Authors. (Arato, Cynthia)
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Filing 867
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Carl Hanser Verlag, New Zealand Society of Authors.(Arato, Cynthia)
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Filing 866
NOTICE of Intent to Appear. Document filed by Science Fiction and Fantasy Writers of America, Inc., American Society of Journalists and Authors, Inc.. (Lazebnik, Ron)
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Filing 865
DECLARATION of Ron Lazebnik. Document filed by Science Fiction and Fantasy Writers of America, Inc., American Society of Journalists and Authors, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lazebnik, Ron)
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Filing 864
MEMORANDUM OF LAW in Opposition to the Amended Settlement Agreement. Document filed by Science Fiction and Fantasy Writers of America, Inc., American Society of Journalists and Authors, Inc.. (Lazebnik, Ron)
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Filing 863
Objection to the Amended Settlement Agreement. Document filed by AT&T CORP.. (Attachments: # 1 Exhibit Exhibits A-I)(Guzman, Michael)
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Filing 862
REPLY. Document filed by Writers' Representatives LLC. (Chu, Lynn)
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Filing 861
NOTICE OF APPEARANCE by Derek Tam Ho on behalf of AT&T CORP. (Ho, Derek)
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Filing 860
Objection re: 768 MOTION to Approve / Notice of Motion for Preliminary Approval of Amended Settlement Agreement.. Document filed by Commonwealth of Pennsylvania, Attorney General. (Marden, Norman)
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Filing 859
NOTICE of Supplemental Objections. Document filed by Charles D Weller, Dirk Sutro. (Siegel, Edward)
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Filing 858
LETTER addressed to Mr. McMahon from Marc Maurer, President, National Federation of the Blind dated 1/19/10 re: Request for the Opportunity of the National Federation of the Blind to address the court briefly at the February 18 fairness hearing. (db)
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Filing 857
LETTER addressed to Judge Denny Chin from Dr. Robert Staats and Rainer Just, Co-Managing Directors, VG WORT dated 1/21/10 re: Request that the Court deny final approval of the Amended Settlement Agreement. (db)
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Filing 856
LETTER addressed to Judge Denny Chin from James Grimmelman dated 1/28/10 re: The Court should reject the Proposed Amended Settlement Agreement. (db)
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Filing 855
SUPPLEMENTAL OBJECTION OF SCOTT E. GANT TO PROPOSED SETTLEMENT, AND TOCERTIFICATION OF THE PROPOSED SETTLEMENT CLASS AND SUB-CLASSES. (db)
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Filing 854
LETTER addressed to Judge Denny Chin from Susan Price dated 1/27/10 re: Request that the Court refuse to certify the class and to reject the Amended Settlement Agreement. (db)
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Filing 853
DECLARATION of Nicolas Georges in Opposition re: 768 MOTION to Approve / Notice of Motion for Preliminary Approval of Amended Settlement Agreement.. Document filed by French Republic. (Max, Theodore)
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Filing 852
MEMORANDUM OF LAW in Opposition to the Amended Settlement Agreement. Document filed by Federal Republic of Germany. (Max, Theodore)
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Filing 851
Objection of the State of Connecticut to Amended Class-Action Settlement. Document filed by Richard Blumenthal CT Attorney General. (Becker, Gary)
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Filing 850
NOTICE of Objections to Amended Class Action Settlement And Notice of Intent To Appear at the February 18, 2010 Fairness Hearing. Document filed by Darlene Marshall. (Weiss, Matthew)
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Filing 849
Objection to Amended Class Action Settlement Agreement. Document filed by Arlo Guthrie, Julia Wright, Catherine Ryan Hyde, Eugene Linden. (Attachments: # 1 Exhibit Objections of Guthrie, et al. to Proposed Settlement Agreement, # 2 Exhibit Supplemental Declaration of Catherine Ryan Hyde)(DeVore, Andrew)
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Filing 848
MOTION to File Amicus Brief by Japan P.E.N. Club in Opposition to Amended Proposed Settlement. Document filed by Japan P.E.N. Club. (Attachments: # 1 Japan P.E.N. Club's Amicus Curiae Brief in Opposition to Amended Proposed Settlement Agreement)(Saito, Yasuhiro)
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Filing 847
NOTICE OF APPEARANCE by Alexandra A. E. Shapiro on behalf of Carl Hanser Verlag, Lynley Hood, New Zealand Society of Authors (Shapiro, Alexandra)
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Filing 846
NOTICE OF APPEARANCE by Cynthia S. Arato on behalf of New Zealand Society of Authors (Arato, Cynthia)
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Filing 845
NOTICE OF APPEARANCE by Cynthia S. Arato on behalf of Carl Hanser Verlag, Lynley Hood (Arato, Cynthia)
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Filing 844
NOTICE of of Intent to Appear and Be Heard at the Fairness Hearing. Document filed by Takashi Atouda, Jiro Asada, Takeaki Hori, Shinobu Yoshioka, Kenta Yamada, Tomotsuyo Aizawa, Yu Ohara, Yasumasa Kiyohara, Takashi Tsujii, Akira Nogami, Hiroyuki Shinoda, Toshihiko Yuasa, Hidehiko Nakanishi, Yashio Uemura, Nobuo Uda, Tsukasa Yoshida. (Saito, Yasuhiro)
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Filing 843
Objection to the Amended Proposed Settlement. Document filed by Takashi Atouda, Jiro Asada, Takeaki Hori, Shinobu Yoshioka, Kenta Yamada, Tomotsuyo Aizawa, Yu Ohara, Yasumasa Kiyohara, Takashi Tsujii, Akira Nogami, Hiroyuki Shinoda, Toshihiko Yuasa, Hidehiko Nakanishi, Yashio Uemura, Nobuo Uda, Tsukasa Yoshida. (Saito, Yasuhiro)
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Filing 842
Amicus Curiae APPEARANCE entered by John Burnett Morris, Jr on behalf of Center for Democracy & Technology.(Morris, John)
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Filing 841
SECOND BRIEF of Consumer Watchdog, Amicus Curiae, in Opposition to re: 768 MOTION to Approve / Notice of Motion for Preliminary Approval of Amended Settlement Agreement. Document filed by Consumer Watchdog.(Fetterman, Daniel)
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Filing 840
MEMORANDUM OF LAW SUPPLEMENTAL MEMORANDUM OF AMICUS CURIAE OPEN BOOK ALLIANCE IN OPPOSITION TO THE PROPOSED SETTLEMENT BETWEEN THE AUTHORS GUILD, INC., ASSOCIATION OFAMERICAN PUBLISHERS, INC., ET AL., AND GOOGLE INC.. Document filed by Open Book Alliance. (Boccanfuso, Anthony)
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Filing 839
LETTER addressed to Judge Denny Chin from Ursula K. LeGuin dated 1/25/10 re: author LeGuin opts out of settlement and provides petition regarding the Google Book Settlement including 367 signatures. Document filed by Ursula K. LeGuin.(dle)
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Filing 838
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Society of Journalists and Authors, Inc..(Lazebnik, Ron)
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Filing 837
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Science Fiction and Fantasy Writers of America, Inc..(Lazebnik, Ron)
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Filing 836
LETTER addressed to Judge Denny Chin from Serge Eyrolles dated 1/26/10 re: objection to the Amended Settlement Agreement. Document filed by French Publishers Association.(dle)
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Filing 835
NOTICE OF APPEARANCE by Ron Lazebnik on behalf of Science Fiction and Fantasy Writers of America, Inc., American Society of Journalists and Authors, Inc. (Lazebnik, Ron)
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Filing 834
LETTER addressed to Judge Denny Chin from Michel Prigent dated 1/26/10 re: objection to the Amended Settlement Agreement. Document filed by Presses Universitaires de France.(dle)
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Filing 833
LETTER addressed to Judge Denny Chin from Irene Lindon dated 1/26/10 re: objection to the Amended Settlement Agreement. Document filed by Les Editions De Minuit S.A.(dle)
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Filing 832
LETTER addressed to J. Michael McMahon, Clerk of the Court from John Mauldin dated 1/18/10 re: objection to the Amended Settlement Agreement. Document filed by John Mauldin.(dle)
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Filing 831
LETTER addressed to Judge Denny Chin from Alain Kouck dated 1/26/10 re: objection to the Amended Settlement Agreement. Document filed by Editis Group.(dle)
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Filing 830
LETTER addressed to Judge Denny Chin from Maree McCaskill dated 1/28/10 re: request that the Court accept and approve the Amended Settlement in the form in which it currently appears. Document filed by Australian Publishers Association.(dle)
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Filing 829
LETTER addressed to Judge Denny Chin from Francis Esmenard, President dated 1/26/10 re: objection to the Amended Settlement Agreement. Document filed by Editions Albin Michel.(dle)
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Filing 828
LETTER addressed to Judge Denny Chin from Antoine Gallimard dated 1/26/10 re: objection to the amended settlement agreement. Document filed by Antoine Gallimard.(dle)
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Filing 827
LETTER addressed to Judge Denny Chin from Magdalena Vinent dated 1/22/10 re: CEDRO requests the Court's permission to submit this letter as an amicus curiae brief opposing approval of the amended settlement agreement. Document filed by CEDRO.(dle)
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Filing 825
LETTER addressed to Judge Denny Chin from Simon Juden dated 1/27/10 re: request thta the Court approve the Amended Settlement Agreement. Document filed by Publisher's Association.(dle)
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***DELETED DOCUMENT. Deleted document number 803 LETTER. The document was incorrectly filed in this case. (ae)
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Filing 826
LETTER addressed to Judge Denny Chin from Jacqueline C. Hushion dated 1/27/10 re: request that the Court approve the amended Google Book Settlement as proposed. Document filed by The Canadian Publishers' Council.(dle)
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Filing 824
NOTICE OF APPEARANCE by Cindy A. Cohn on behalf of Electronic Frontier Foundation et al. (Cohn, Cindy)
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Filing 823
Objection of Amazon.com, Inc., to Proposed Amended Settlement. Document filed by Amazon.com, Inc.. (Wiles, Alexander)
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Filing 822
NOTICE of FILING OF OBJECTION TO AMENDED SETTLEMENT. Document filed by Hachette UK Limited. (Attachments: # 1 Exhibit 1)(Micheletto, Robert)
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Filing 821
LETTER addressed to Google Book Search Settlement Administrator from Tony Peake dated 12/24/09 re: This is to confirm that as an author I wish to opt out of the Google settlement, which I have already done on line. In addition, I do not want my books to be digitized - and I request that any books of mine that have been digitized be removed from Google's database. (pl)
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Filing 820
NOTICE of FILING OF OBJECTION TO AMENDED SETTLEMENT. Document filed by Hachette Livre SA, Librarie Arthme Fayard SA, Dunod Editeur SA, Les Editions Hatier SNC, Editions Larousse SAS. (Attachments: # 1 Exhibit 1)(Micheletto, Robert)
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Filing 819
LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Thomas King, Hartley Goodweather dated 1/27/10 re: By this letter, I opt out of the proposed settlement in this case. I am opting out of both the "Author Sub-Class" and the "Publisher Sub-Class" and out of the settlement in its entirety. (pl)
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Filing 818
LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Erika Faith Larsen dated 1/27/10 re: By this letter, I opt out of the proposed settlement in this case. I am opting out of both the"Author Sub-Class" and the "Publisher Sub-Class," and out of the settlement in its entirety. (pl)
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Filing 817
LETTER addressed to Office of the Clerk J. Michael McMahon from Diana Kimpton dated 1/10/10 re: that as a result of the within objections, I ask the court to refuse to certify the class and to reject the Amended Settlement Agreement. If the Amended Settlement goes back for renegotiation, the minimum changes required include a) limiting its scope to books published in the USA b) limiting its scope to allowing Google to scan books for search purposes only and to display snippets of strictly limited length, determined as a percentage of the whole work or insert. c) treating all in-copyright books the same so that no book that is still in copyright could be used in any way by Google without the express consent ofthe copyright holder. This would remove all the problems associated with deciding if a book is Not Commercially Available, remove the need for an unclaimed works fiduciary and give all copyright holders the protection they are entitled to under International Copyright Law. (pl)
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Filing 816
LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from David McRae dated 1/7/10 re: By this letter, I opt out of the proposed settlement in this case. I am opting out of both the "Author Sub-Class" and the "Publisher Sub-Class" and out of the settlement in its entirety. (pl)
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Filing 815
LETTER addressed to Google Book Search Settlement Administrator from Chelsea Duke dated 1/4/10 re: Chelsea Duke writes to request that I opt out of the Google Book Settlement in respect of the following work: Title: High Heels and a Head Torch: The Essential Guide for Girls Who Backpack. I am opting out of the Author Sub-Class and am the author of the work. (pl)
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Filing 814
LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Andrea Winterbottom dated 1/4/10 re: Andrea Winterbottom writes by this letter, to opt out of the proposed settlement in this case. I am opting out of both the "Author Sub-Class" and the "Publisher Sub-Class," and out of the settlement in its entirety. (pl)
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Filing 811
MEMORANDUM OF LAW MEMORANDUM OF AMICUS CURIAE THE INTERNET ARCHIVE IN OPPOSITION TO AMENDED SETTLEMENT AGREEMENT. Document filed by The Internet Archive. (Boccanfuso, Anthony)
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Filing 810
LETTER addressed to Google Book Search Settlement Admin. from Heather Morrall dated undated re: party gives notice that he is opting out of the Author Sub-Class in the Google Book Settlement, and from any participation in the settlement. (djc)
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Filing 809
LETTER addressed to Clerk of Court from Matthew Charles Francis dated 1/14/10 re: party notifies court that he is opting out of both the Author Sub-Class and Publisher Sub-Class and out of the settlement in its entirey. (djc)
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Filing 808
LETTER addressed to Court from Clare Morrall dated 1/13/10 re: this is to give notice that I am opting out of the Author Sub-Class in the Google Book Settlement, and from any participation in the settlement. (djc)
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Filing 807
LETTER from Niyogi Books dated undated re: OBJECTIONS OF NIYOGI BOOKS, IPP CATALOGUE PUBLICATIONS, STAR PUBLICATIONS PVT. LTD., PlJ8TAK MAHAL, UNICORN BOOKS I)VT. LTD, LAXMI PUBLICATIONS PVT. LTD., PRAGUN PUBLICATION, ESS ESSPUBLICATIONS, NEW CENTURY PUBLICATION, DAYA PUBLISHING HOUSE, ARORA LAW BOOK AGENCY, DR. SAROJINI PRITAM AND AAKAR BOOKS TO THE PROPOSED REVISED SETTLEMENT AND BRIEF OF AMICI ClJRIAE,FEDERATION OF INDIAN PUBLISHERS, THE INDIANREPROGRAPHIC RIGHTS ORGANIZATION AND PROFESSOR RAVI SHANKER(djc)
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Filing 806
LETTER addressed to the Clerk of the Court from Blaine Regan Newton dated 1/12/10 re: party notified the Court that she is opting our of the settlement in this case, both the Author sub-Class and the Publisher Sub-Class and out of the settlement in its entirety. (djc)
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Filing 805
LETTER addressed to the Clerk of the Court from Alisa Smith, dated 1/6/08 re: party notifies the Court that she is opting out of the settlement in this case, both the Author sub-Class and the Publisher Sub-Class and out of the settlement in its entirety. (djc)
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Filing 804
LETTER addressed to the Clerk of the Court from Leigh Faulkner, dated 1/12/10 re: party notified the Court that she is opting our of the settlement in this case, both the Author sub-Class and the Publisher Sub-Class and out of the settlement in its entirety. (djc)
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Filing 802
LETTER addressed to the Clerk of the Court from Vivian Kane dated 1/5/10 re: party notified the Court that she is opting our of the settlement in this case, both the Author sub-Class and the Publisher Sub-Class and out of the settlement in its entirety. (djc)
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Filing 801
LETTER addressed to the Clerk of the Court from Blaine Regan Newton dated 1/12/10 re: party notified the Court that he is opting our of the settlement in this case, both the Author sub-Class and the Publisher Sub-Class and out of the settlement in its entirety. (djc)
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Filing 800
LETTER addressed to Judge Denny Chin from David R. M. Prest dated undated re: party notifies the Court that is opting out of ht proposed settlement in this case. Opting out of both the Author Sub-Class and Publisher Sub-Class and our to the settlement in its entirety. (djc)
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Filing 799
LETTER addressed to J. Michael McMahon from Graham Swift dated 1/14/2010 re: Google Book Settlement. Please find enclosed for your reference a copy of my letter, mailed (by UK certified airmail) on 14th January 2010 to the Google Book Search Administrator, by which I opt out of the Google Book Settlement. Please confirm your receipt and filing of this letter and enclosure. (mbe)
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Filing 813
LETTER addressed to Office of the Clerk, U.S. District Court for the Southern District of New York from Douglas Johnson and Maureen Johnson dated 1/26/10 re: I am opting out of both the "Author Sub-Class" and the "Publisher Sub-Class," and out of the settlement in its entirety. (pl)
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Filing 812
LETTER addressed to Judge Denny Chin from Antonio Ma. Avila dated 1/26/10 re: Antonio Ma. Avila writes to object to the Amended Settlement Agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicative filings. We therefore object to the Amended Settlement Agreement by reference to the observations of Borsenverein des Deutschen Buchhandels, Syndicat National de I'edition and Associazione Italiana Editore. in its amicus curiae letter, which hereby become an integral part of our own objections as filed herewith. (pl)
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****DELETED DOCUMENT. Deleted document number 798 letter. The document was filed as a duplicate entry in this case. (djc)
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***DELETED DOCUMENT. Deleted document number 795 letter. The document was filed as a duplicate entry in this case. (djc)
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***DELETED DOCUMENT. Deleted document number 794 letter. The document was filed as a duplicate entry in this case. (djc)
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***DELETED DOCUMENT. Deleted document number 793 Letter. The document was filed as a duplicate entry in this case. (djc)
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Filing 797
LETTER addressed to Judge Denny Chin from Sandra Csillag dated 1/18/2010 re: We respectfully request the court's permission to submit this letter as an amicus curiae brief opposing approval of the Amended Settlement Agreement in the above case. Literar-Mechana therefore requests the Court to deny final approval of theAmended Settlement Agreement unless the following amendments are made.(mbe)
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Filing 796
LETTER addressed to Judge Denny Chin from Racheli Edelman dated 1/24/2010 re: I am and Israeli Publisher of Schocken Publishing house and the Hebrew Encyclopedia. We were very pleased to get the honorable court decision to exclude all books that are not being published in the US in the Canada, the UK and Australia from the Google Settlement agreement. Nevertheless we would like to make sure that all the books that were published by the following publishing houses will be removed from the Google Books sites. Therefore we will be grateful if the court will authorize Google not to put the above mentioned publishing houses titles on their books sites.(mbe)
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Filing 792
LETTER addressed to Judge Denny Chin from Antonio Ma. Avila dated 1/26/2010 re: I am the Executive Director of the Federation de Gremios de Editores de Espana. We write to object to the Amended Settlement Agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicative filings. We therefore object to the Amended Settlement Agreement by reference to the observations of Borsenverein de Deutschen Buchhandels, Syndicat National de I'edition and Associazione Italiana Editore, in its amicus curiae letter, which hereby become an integral part of our own objections as field herewith. (mbe)
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Filing 791
LETTER addressed to Judge Denny Chin from Paul N. Courant dated 1/18/2010 re: I write to express my interest in speaking at the Fairness Hearing per your order of 19 November 2009. My interest in the case are many. I am an active scholar in economics and public policy, and am the author of many works that are subject to the settlement. I am also the University Librarian and Dean of Libraries at the University of Michigan, and was the Provost and Executive Vice-President of the University at the time that Google began scanning the University's collections. In my role as librarian I oversee the University of Michigan Press, a significant academic publisher. As Provost and as Librarian I have been closely engages for several years with the Google scanning project, and the aspects of the settlement that have implication for participating libraries. As an active scholar and mender of the author class, as an academic administrator, and as the head of a major research library with responsibility for a university press, it is my strongly held opinion that the settlement will be of great benefit to the general public and to scholarly practice and progress. I would be most grateful for the opportunity to share these views with the Court at the Fairness Hearing.(mbe)
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Filing 790
LETTER addressed to Judge Denny Chin from Barbara Morrison dated 1/26/2010 re: I opt out of the proposed settlement in this case. I am opting out of both the "Author Sub-Class" and the "Publisher Sub-Class", and out of the settlement in its entirely. I have written and/or published works under names including, but not limited to, the following variant spellings, forms, pen names, and/or pseudonyms: B.Morrison, Barbara Morrison. I am the owner of Cottey House Press. (mbe) (mbe).
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Filing 789
LETTER addressed to Judge Denny Chin from Dina E. Cox dated 1/19/2010 re: By this letter, I opt out of the proposed settlement in this case. (jmi)
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Filing 788
LETTER addressed to Judge Denny Chin from Margaret Jane Ross (Mr. Cooke) dated 1/19/2010 re: By this letter, I opt out of the proposed settlement in this case. (jmi)
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Filing 787
LETTER addressed to Judge Denny Chin from Margaret Jane Ross dated 1/20/2010 re: By this letter, I opt out of the proposed settlement in this case. (jmi)
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Filing 786
LETTER addressed to Judge Denny Chin from Jonatha Ceely dated 1/19/2010 re: By this letter, I opt out of the proposed settlement in this case. (jmi)
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Filing 785
LETTER addressed to Judge Denny Chin from Luis Ortiz dated 1/11/2010 re: By this letter, I opt out of the proposed settlement in this case. (jmi)
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Filing 784
LETTER addressed to Judge Denny Chin from Edward Lipsett dated 1/12/2010 re: By this letter, I opt out of the proposed settlement in this case. (jmi)
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Filing 783
LETTER addressed to Judge Denny Chin from Dina Cox dated 1/19/10 re: Proposed Google Book Settlement and I am opting out, filed by Dina Cox. (cd)
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CASHIERS OFFICE REMARK on 777 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 11/19/2009, Receipt Number 706520. (jd)
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Transmission to Attorney Admissions Clerk. Transmitted re: 781 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi)
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Filing 781
ORDER granting 777 Motion for Jonathan Band to Appear Pro Hac Vice for America Library Association, Association of College and Research Libraries and Assocation of Research Libraries. (Signed by Judge Denny Chin on 12/3/2009) (jmi)
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Transmission of Amended Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 780 Amended Notice of Appeal,. (nd)
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Transmission of Notice of Appeal to the District Judge re: 780 Amended Notice of Appeal,. (nd)
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Filing 780
AMENDED NOTICE OF APPEAL re: 752 Notice of Appeal, 765 Order on Motion for Reconsideration, 428 Order. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr. (nd)
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Filing 779
MEMORANDUM DECISION denying 774 Motion for Reconsideration. Amazon's motion for reconsideration is denied. Amazon may set forth its arguments in its objections to the proposed settlement in conjunction with the final settlement approval process. Amazon also requests that the Court amend its preliminary approval order with regard to the mechanism by which objectors may submit objections to the proposed settlement. The order provides that objectors may now object only to amended terms of the settlement agreement, and that the time for objecting to the original settlement terms has passed. The Court will consider objections to the amended settlement in conjunction with previously-submitted objections to the original settlement. Amazon asks that, instead, objectors be permitted to withdraw their previous objections and to submit superseding objections that relate to both the original and the amended settlement terms. This request is denied, but to the extent that objectors find it necessary to refer to their prior objections now to present "cohesive and accurate filings," they may do so. (Signed by Judge Denny Chin on 12/1/09) (tro)
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Filing 778
ENDORSED LETTER addressed to Judge Denny Chin from John D. Clopper dated 11/24/09 re: Counsel requests that the Court clarify the Government's deadline for submitting a statement regarding the amended settlement agreement in this action as 2/4/2010. ENDORSEMENT: SO ORDERED. (Signed by Judge Denny Chin on 11/25/09) (tro)
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Transmission to Attorney Admissions Clerk. Transmitted re: 776 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi)
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Filing 776
ORDER granting 266 Motion for John B. Morris, Jr. to Appear Pro Hac Vice for Amicus Curaie. (Signed by Judge Denny Chin on 11/23/2009) (jmi)
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Filing 775
MEMORANDUM OF LAW in Support re: 774 MOTION for Reconsideration of Order Granting Preliminary Approval of Amended Settlement Agreement.. Document filed by Amazon.com, Inc.. (Wiles, Alexander)
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Filing 774
MOTION for Reconsideration of Order Granting Preliminary Approval of Amended Settlement Agreement. Document filed by Amazon.com, Inc..(Wiles, Alexander)
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Filing 777
MOTION for Jonathan Band to Appear Pro Hac Vice. Document filed by America Library Association, Association of College and Research Libraries and Assocation of Research Libraries.(mro)
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Set Deadlines/Hearings: Settlement Conference set for 2/18/2009 at 10:00 AM before Judge Denny Chin. (js)
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Filing 773
STIPULATION AND ORDER FOR AMENDMENT: The Clerk of the Court is directed to docket the Third Amended Complaint as filed on the date this stipulation and order are entered on the docket, and plaintiffs shall follow up with submission of an electronic version of the amended complaint in accordance with the Court's ECF Rules and Instructions. So Ordered (Signed by Judge Denny Chin on 11/19/09) (js)
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Filing 772
ORDER GRANTING PRELIMINARY APPROVAL OF AMENDED SETTLEMENT AGREEMENT: granting 768 Motion to Approve preliminary approval of an Amended Settlement Agreement among plaintiffs and defendant. All other provisions as set forth in this order. A final settlement/fairness hearing shall be held on February 18, 2010 at 10:00 a.m. So Ordered. (Signed by Judge Denny Chin on 11/19/09) (js)
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Filing 771
NOTICE of Withdrawal of Objection re: 297 Affirmation in Opposition to Motion,. Document filed by Songwriters Guild of America. (Fedele, John)
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Filing 782
THIRD AMENDED COMPLAINT amending 1 Complaint, 36 Amended Complaint, 59 Second Amended Complaint, against Google Inc.Document filed by Canadian Standard Association, Association of American Publishers, Inc., Associational Plaintiffs, The McGraw-Hill Companies, Inc., Pearson Education, Inc., Simon & Schuster, Inc., John Wiley & Sons, Inc., The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman. Related document: 1 Complaint filed by The Author's Guild, Betty Miles, Herbert Mitgang, Daniel Hoffman, 36 Amended Complaint, filed by The Author's Guild, Betty Miles, Joseph Goulden, Paul Dickson, Herbert Mitgang, Daniel Hoffman, 59 Second Amended Complaint,, filed by The Author's Guild, Joseph Goulden, Simon & Schuster, Inc., Herbert Mitgang, Associational Plaintiffs, John Wiley & Sons, Inc., Betty Miles, Paul Dickson, Association of American Publishers, Inc., Daniel Hoffman, The McGraw-Hill Companies, Inc., Pearson Education, Inc. (ae)
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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)
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Filing 769
MEMORANDUM OF LAW 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.. (Keller, Bruce)
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Filing 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..(Keller, Bruce)
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Filing 767
ENDORSED LETTER addressed to Judge Denny Chin from Michael J. Boni dated 11/9/09 re: counsel for plaintiff writes on behalf of the parties, I write to advise the Court that plaintiffs expect to file their motion seeking preliminary approval of the Amended Settlement Agreement by no later than this Friday, November 13, 2009. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Denny Chin on 11/9/09) (pl)
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Filing 765
MEMORANDUM DECISION for the reasons set forth above, denying 738 Motion for Reconsideration. (Signed by Judge Denny Chin on 11/4/09) (cd)
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Filing 764
MEMO ENDORSED ON MOTION FOR LEAVE TO WITHDRAW APPEARANCE. ENDORSEMENT: Approved. So Ordered. (Signed by Judge Denny Chin on 10/30/09) (dle)
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Filing 763
AFFIDAVIT of Joseph S. Hall in Support re: 762 MOTION to Withdraw.. Document filed by Eric Jager, Harold Bloom, Elliot Abrams, Charlotte Allen, Phyllis Ammons, Richard Armey, Jacques Barzun, Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Jack Beerman, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez-Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David Gelernter, Gabrielle Glaser, Mary Ann Glendon, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Richard Howard, Ishmael Jones, David Kuo, Michael Ledeen, Susan Lee, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Michael Perry, Norman Podhoretz, Diane Ravitch, Ralph Reed, Sarah Ruden, Peter Schweizer, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Paco Underhill, Ruth Wisse, Elizabeth Wurtzel, John Yoo, Wendy Shalit, American Society of Journalists and Authors. (Hall, Joseph)
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Filing 762
MOTION to Withdraw. Document filed by Eric Jager, Harold Bloom, Elliot Abrams, Charlotte Allen, Phyllis Ammons, Richard Armey, Jacques Barzun, Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Jack Beerman, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez-Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David D. Friedman, Gabrielle Glaser, Mary Ann Glendon, Victor Davis Hanson, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Ishmael Jones, Donald Kagan, David Kuo, Michael Ledeen, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Michael Perry, Norman Podhoretz, Diane Ravitch, Ralph Reed, Harriet Rubin, Sarah Ruden, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Ruth Wisse, Elizabeth Wurtzel, John Yoo, Wendy Shalit.(Hall, Joseph)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Joseph Hall to RE-FILE Document 761 MOTION to Withdraw. ERROR(S): Supporting Document must be filed individually. Use the event type Affidavit in Support found under event list Replies, Oppositions, Supporting Documents. NOTE: The Motion must be correctly re-filed. (jar)
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Filing 761
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Withdraw. Document filed by Eric Jager, Harold Bloom, Elliot Abrams, Charlotte Allen, Phyllis Ammons, Richard Armey, Jacques Barzun, Nicholas Basbanes, Stephen Bates, Shawn J. Bayern, Jack Beerman, Michael Behe, Michael Cox, Douglas Crase, Frank Gonzalez-Crussi, Midge Decter, John Derbyshire, Thomas M. Disch, Gerald Early, Mel Eisenberg, Richard A. Epstein, Henry Fetter, David D. Friedman, David Gelernter, Gabrielle Glaser, Mary Ann Glendon, Victor Davis Hanson, Robert Herbold, Arthur Herman, Charles Hill, Manuela Hoelterhoff, Richard Howard, Ishmael Jones, Donald Kagan, David Kuo, Michael Ledeen, Susan Lee, Mary Lefkowitz, David Lehman, John Lehman, Howard Markel, Sherwin B. Nuland, Steven Ozment, Michael Perry, Norman Podhoretz, Diane Ravitch, Ralph Reed, Harriet Rubin, Sarah Ruden, Roy Spencer, Geoffrey R. Stone, Charles Sykes, Terry Teachout, Paco Underhill, Ruth Wisse, Elizabeth Wurtzel, John Yoo, Wendy Shalit, American Society of Journalists and Authors. (Attachments: # 1 Affidavit In Support of Withdrawal)(Hall, Joseph) Modified on 10/29/2009 (jar).
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Filing 760
NOTICE of Amended Settlement Issues. Document filed by Electronic Frontier Foundation et al.. (Rudman, Samuel)
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Filing 766
TRANSCRIPT of proceedings held on 10/7/09 before Judge Denny Chin. (tro)
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Filing 759
NOTICE OF APPEARANCE by Christina Jacqueline DeVries on behalf of The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Lou Jacobs, Jr (DeVries, Christina)
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Filing 758
CERTIFICATE OF SERVICE of Reply in Support of Motion for Reconsideration served on The Authors Guild on October 14, 2009. Service was made by Mail. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr. (DeVries, Christina)
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Filing 757
REPLY MEMORANDUM OF LAW in Support re: 738 MOTION for Reconsideration of Denial of Motion to Intervene for the Limited Purposes of Objecting to the Proposed Class Action Settlement Agreement and Preserving Right to Appeal.. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(DeVries, Christina)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 756 Notice of Appeal. (nd)
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Transmission of Notice of Appeal to the District Judge re: 756 Notice of Appeal. (nd)
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Filing 756
NOTICE OF APPEAL from 308 Order on Motion to Intervene. Document filed by Lewis Hyde, Harry Lewis, Nicholas Negroponte, Charles Nesson. Filing fee $ 455.00, receipt number E 702610. (nd)
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Transmission to Attorney Admissions Clerk. Transmitted re: 755 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi)
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Filing 755
ORDER granting 745 Motion for Norman W. Marden to Appear Pro Hac Vice for Commonwealth of Pennsylvania. (Signed by Judge Denny Chin on 10/8/2009) (jmi)
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Filing 754
ENDORSED LETTER addressed to Judge Denny Chin from Michael J. Boni dated 10/5/09 re: Plaintiffs request that the Court deny the ASMP movants' motion for reconsideration. ENDORSEMENT: The Clerk of the Court shall accept this letter for filing, and the ASMP movants shall respond by 10/14/09. (Signed by Judge Denny Chin on 10/7/09) (tro)
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Filing 753
MANDATE of USCA (Certified Copy) USCA Case Number 09-41420-op. IT IS HEREBY ORDERED that the Petitioner's Emergency Petition for Writ of Mandamus is DENIED. Catherine O'Hagan Wolfe, Clerk USCA. Issued As Mandate: 10/6/2009. (nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 752 Notice of Appeal,. (nd)
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Transmission of Notice of Appeal to the District Judge re: 752 Notice of Appeal,. (nd)
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Filing 752
NOTICE OF APPEAL from 428 Order,,. Document filed by The American Society of Media Photographers, Inc., Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr. Filing fee $ 455.00, receipt number E 702434. (nd)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Matthew Weiss to RE-FILE Document 750 MOTION for Writ of Mandamus as to Judge Denny Chin. ERROR(S): Case number missing from document. (jar)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. 749 HAS BEEN REJECTED. Note to Attorney Matthew Weiss : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (jar)
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Filing 751
ORDER: The Court has received the following requests regarding the status conference scheduled for October 7, 2009, at 10 a.m. in this case: 1. To have a court reporter present at the status conference; and 2. To audio or video record the status conference. The first request is granted; it was always the Court's intention to have a court reporter present to transcribe the conference. The second request is denied; the Court will not permit audio or video recording of the proceeding. (Signed by Judge Denny Chin on 10/6/2009) (rw)
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Filing 750
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Writ of Mandamus as to Judge Denny Chin. Document filed by Darlene Marshall.(Weiss, Matthew) Modified on 10/8/2009 (jar).
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Filing 749
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT (LETTER) - TRANSCRIPT REQUEST Court Reporter Request for proceedings held on Oct. 7, 2009 before Judge Denny Chin. Document filed by Darlene Marshall.(Weiss, Matthew) Modified on 10/8/2009 (jar).
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Filing 748
NOTICE of of Objection. Document filed by Electronic Privacy Information Center. (Rotenberg, Marc)
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Filing 747
ORDER, granting 744 Motion for Mark E. Avsec, Esq. to Appear Pro Hac Vice be admitted to the Bar of this court pro hac vice as counsel for Canadian Standards Association, upon payment of the pro hac vice fee to the Clerk of the Court. (Signed by Judge Denny Chin on 10/1/09) (pl)
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Filing 746
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION, that Marc Rotenberg is admitted to practice pro hac vice as counsel for EPIC. (Signed by Judge Denny Chin on 10/1/09) (pl)
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CASHIERS OFFICE REMARK on 745 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/28/2009, Receipt Number 701643. (jd)
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CASHIERS OFFICE REMARK on 744 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/25/2009, Receipt Number 701530. (jd)
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CASHIERS OFFICE REMARK on 743 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/24/2009, Receipt Number 700552. (jd)
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Filing 745
MOTION for Norman W. Marden to Appear Pro Hac Vice. Document filed by Commonwealth of Pennsylvania.(mro)
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CASHIERS OFFICE REMARK on 732 Motion to Appear Pro Hac Vice, 731 Motion to Appear Pro Hac Vice in the amount of $50.00, paid on 09/22/2009, Receipt Number 700437. (jd)
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Filing 744
MOTION for Mark Edward Avsec to Appear Pro Hac Vice. Document filed by Canadian Standard Association.(mro)
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Transmission to Attorney Admissions Clerk. Transmitted re: 742 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
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Filing 742
ORDER granting 730 Motion for Robert J. LaRocca to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/25/09) (js)
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Transmission to Attorney Admissions Clerk. Transmitted re: 741 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
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Filing 741
ORDER granting 732 Motion for Richard Montgomery Donaldson to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/25/09) (js)
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Transmission to Attorney Admissions Clerk. Transmitted re: 740 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js)
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Filing 740
ORDER granting 731 Motion for Charles B. Casper to Appear Pro Hac Vice. (Signed by Judge Denny Chin on 9/25/09) (js)
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Filing 739
MEMORANDUM OF LAW in Support re: 738 MOTION for Reconsideration of Denial of Motion to Intervene for the Limited Purposes of Objecting to the Proposed Class Action Settlement Agreement and Preserving Right to Appeal.. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr. (Saed, Shirley)
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Filing 738
MOTION for Reconsideration of Denial of Motion to Intervene for the Limited Purposes of Objecting to the Proposed Class Action Settlement Agreement and Preserving Right to Appeal. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs, Jr.(Saed, Shirley)
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Filing 743
MOTION for Marc Rotenberg to Appear Pro Hac Vice. Document filed by Electronic Privacy Information Center.(mro)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Shirley Saed to RE-FILE Document 737 MOTION for Reconsideration certificate of service. The Certificate of Service may be include with the Motion for Reconsideration. However, you may use the event type Certificate of Service Other found under the event list Service of Process (case name and case number must be include with Certificate before re-filing). (jar)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Shirley Saed to RE-FILE Document 736 MOTION for Reconsideration.. ERROR(S): Supporting Documents must be filed individually. Use the event type Memorandum of Law found under event list Replies, Opposition, Supporting Documents. NOTE: The Motion must be correctly re-filed. (jar)
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Filing 737
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (Certificate of Service) - MOTION for Reconsideration certificate of service. Document filed by The American Society of Media Photographers, Inc..(Saed, Shirley) Modified on 9/25/2009 (jar).
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Filing 736
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration. Document filed by The American Society of Media Photographers, Inc.. (Attachments: # 1 Exhibit Motion to Intervene, # 2 Exhibit Letter to Chambers, # 3 Text of Proposed Order Proposed Order)(Saed, Shirley) Modified on 9/25/2009 (jar).
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Filing 735
ORDER, that on September 22, 2009, plaintiffs moved for an adjournment of the fairness hearing currently scheduled for October 7, 2009. Defendant Google, Inc. does not oppose the motion. Under all the circumstances, it makes no sense to conduct a hearing on the fairness and reasonableness of the current settlement agreement, as it does not appear that the currentsettlement will be the operative one. Accordingly, the Court will not proceed with the fairness hearing on October 7, 2009. The Court will, however, conduct a status conference on October 7 at 10 00 a.m. to determine how to proceed with the case as expeditiously as possible, as this case has now been pending for over four years The parties shall attend. Additional relief as set forth in this Order. (Signed by Judge Denny Chin on 9/24/09) (pl)
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Transmission to Attorney Admissions Clerk. Transmitted re: 734 Order on Motion to Appear Pro Hac Vice,, to the Attorney Admissions Clerk for updating of Attorney Information. (pl)
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CASHIERS OFFICE REMARK on 730 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/21/2009, Receipt Number 700386. (jd)
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Filing 733
BRIEF OF AMICUS CURIAE. Document filed by Public Knowledge.(ad)
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CASHIERS OFFICE REMARK on 717 Motion to Appear Pro Hac Vice, 718 Motion to Appear Pro Hac Vice, 719 Motion to Appear Pro Hac Vice, in the amount of $125.00, paid on 09/15/2009, Receipt Number 700022, 700067 & 700099. (jd)
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Filing 732
MOTION for Richard Montgomery Donaldson to Appear Pro Hac Vice. Document filed by Microsoft Corporation.(mro)
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Filing 731
MOTION for Charles B. Casper to Appear Pro Hac Vice. Document filed by Microsoft Corporation.(mro)
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Filing 729
MEMORANDUM OF LAW in Support re: 728 MOTION for Hearing / Notice of Unopposed Motion of the Author Sub-Class and the Publisher Sub-Class to Adjourn October 7, 2009 Final Fairness Hearing and Schedule Status Conference.. Document filed by Association of American Publishers, Inc., The McGraw-Hill Companies, Inc., Pearson Education, Inc., Simon & Schuster, Inc., John Wiley & Sons, Inc.. (Keller, Bruce)
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Filing 728
MOTION for Hearing / Notice of Unopposed Motion of the Author Sub-Class and the Publisher Sub-Class to Adjourn October 7, 2009 Final Fairness Hearing and Schedule Status Conference. Document filed by Association of American Publishers, Inc., The McGraw-Hill Companies, Inc., Pearson Education, Inc., Simon & Schuster, Inc., John Wiley & Sons, Inc..(Keller, Bruce)
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Filing 734
ORDER, that Gary Leland Reback, Esq. be admitted to the Bar of this Court pro hac vice as counsel for Amicus Curiae Open Book Alliance, upon payment of the applicable fee to the Clerk of Court. (Signed by Judge Denny Chin on 9/19/09) (pl) Modified on 9/24/2009 (pl).
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Filing 730
MOTION for Robert J. LaRocca to Appear Pro Hac Vice. Document filed by Paul Dickson, Joseph Goulden, The Author's Guild, Herbert Mitgang, Betty Miles, Daniel Hoffman.(mro)
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Filing 727
LETTER addressed to Google Settlement from Dolores Karl dated 9/1/09 re: To opt out of the Google-Authors Guild Settlement. (db)
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Filing 726
LETTER addressed to Mr. McMahon from Ann Mitcalfe dated 9/3/09 re: Objection to the Proposed Settlement. (db)
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Filing 725
LETTER addressed to Mr. McMahon from The Berne Convention for the Protection of Literary and Artistic Works dated 9/3/09 re: Objection to the Proposed Settlement. (db)
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Filing 724
MEMORANDUM ENDORSEMENT re: MOTION FOR LEAVE TO WITHDRAW APPEARANCE ON BEHALF OF THE CANADIAN STANDARDS ASSOCIATION. ORDER granting 657 Motion to Withdraw Attorney. Attorney Kristin Hackett Neuman terminated. ENDORSEMENT: Approved. SO ORDERED. (Signed by Judge Denny Chin on 9/19/09) (db)
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Transmission to Attorney Admissions Clerk. Transmitted re: 723 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db)
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Filing 723
ORDER ADMITTING EDWARD F. SIEGEL PRO HAC VICE: ORDER granting 717 Motion for Edward F. Siegel to Appear Pro Hac Vice for Charles D. Weller. (Signed by Judge Denny Chin on 9/19/09) (db)
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Transmission to Attorney Admissions Clerk. Transmitted re: 722 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db)
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Filing 722
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 718 Motion for Lee L. Kaplan to Appear Pro Hac Vice for Questia Media, Inc. (Signed by Judge Denny Chin on 9/19/09) (db)
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Transmission to Attorney Admissions Clerk. Transmitted re: 721 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (db)
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Filing 721
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 719 Motion for Charles D. Ossola and Victor S. Perlman to Appear Pro Hac Vice for The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs. (Signed by Judge Denny Chin on 9/19/09) (db)
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Filing 720
NOTICE of Statement of Interest. Document filed by United States of America. (Clopper, John)
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CASHIERS OFFICE REMARK on 304 Motion to Appear Pro Hac Vice, in the amount of $25.00, paid on 09/08/2009, Receipt Number 699159. (jd)
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CASHIERS OFFICE REMARK on 700 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/08/2009, Receipt Number 699182. (jd)
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Filing 716
ORDER: September 8, 2009 was the deadline by which objections and amicus curiae briefs were to be filed with the Court. In light of the volume of submissions, and the apparent public interest in the case, the following procedures shall govern the fairness hearing: By 10/2/09 the parties shall respond in writing to the filings in this case. The fairness hearing shall proceed as scheduled on 10/7/09 at 10:00 a.m. Any person who wishes to speak at the fairness hearing must submit a request to speak by sending an email to googlebookcase@nysd.uscourts.gov by 5:00 p.m. EDT on 9/21/09. The parties shall post a copy of this order on the settlement website forthwith. Details regarding courtroom seating, press access, and an overflow room will be provided in a later order. (Signed by Judge Denny Chin on 9/16/09) (tro)
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Filing 719
MOTION for Charles D. Ossola, Elaine Metlin and Victor S. Perlman to Appear Pro Hac Vice. Document filed by The American Society of Media Photographers, Inc., Graphic Artists Guild, Picture Archive Council of America, North American Nature Photography Association, Joel Meyerowitz, Dan Budnick, Peter Turner, Lou Jacobs.(mro) Modified on 9/17/2009 (mro).
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Filing 718
MOTION for Lee L. Kaplan to Appear Pro Hac Vice.Document filed by Questia Media, Inc.(mro)
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Filing 717
MOTION for Edward F. Siegel to Appear Pro Hac Vice. Document filed Charles D. Weller. (mro)
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Filing 715
OBJECTION OF FREE SOFTWARE FOUNDATION, INC. AND KARL FOGEL TO PROPOSED SETTLEMENT. Document filed by Karl Fogel, Free Software Foundation, Inc. (tro)
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Filing 714
LETTER addressed to Judge Denny Chin from Donna J. Wood dated 9/11/09 re: Objections to the Proposed Settlement Agreement. Document filed by Donna J. Wood.(tro)
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Filing 713
STATEMENT OF OBJECTIONS TO PROPOSED SETTLEMENT. Document filed by Matthew B. Cazoneri. (tro)
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Filing 712
STATEMENT OF OBJECTIONS TO PROPOSED SETTLEMENT. Document filed by Dale Henderson. (tro)
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Filing 711
NOTICE OF INTENT TO APPEAR AT FAIRNESS HEARING and STATEMENT OF OBJECTIONS TO PROPOSED SETTLEMENT. Document filed by Sarah E. Cazoneri. (tro)
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Filing 710
OBJECTIONS OF WASHINGTON LEGAL FOUNDATION TO PROPOSED SETTLEMENT AND TO CERTIFICATION OF THE PROPOSED SETTLEMENT CLASS AND SUBCLASSES. Document filed by The Washington Legal Foundation. (tro)
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Filing 709
OBJECTION OF PROQUEST LLC TO PROPOSED SETTLEMENT. Document filed by Proquest, LLC. (tro)
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Filing 708
OBJECTION TO CLASS-ACTION SETTLEMENT AND NOTICE OF INTENT TO APPEAR OF THE UNDERSIGNED STATES REPRESENTED BY THEIR RESPECTIVE ATTORNEYS GENERAL ON BEHALF OF THEMSELVES AND REGISTERED CHARITIES WITHIN THEIR POLITICAL BOUNDARIES. Document filed by The State of Missouri. (tro)
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Filing 707
LETTER addressed to Office of the Clerk from Andrea Warren dated 9/7/09 re: Andrea Warren writes to object the settlement. Document filed by Andrea Warren.(tro)
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Filing 706
STATEMENT OF OBJECTIONS TO THE PROPOSED SETTLEMENT dated 9/7/09. Document filed by Rebecca C. Jones. (tro)
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Filing 705
STATEMENT OF OBJECTIONS TO PROPOSED SETTLEMENT dated 9/8/09. Document filed by Elizabeth Greenberg. (tro)
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Filing 704
LETTER addressed to Office of the Clerk from Eva Swartz dated 9/2/09 re: Eva Swartz, CEO of Natur & Kultur join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations as further set forth in this letter. Document filed by Eva Swartz.(tro)
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Filing 703
LETTER addressed to J. Michael McMahon from Sander van Vlerken dated 8/28/09 re: Publishing House De Geus, write to you in regards to the proposed Settlement Agreement between Google, Inc. and the Authors Guild and the Association of American Publishers. We would like to raise the concerns and objections listed herein to the Settlement. Document filed by Publishing House De Geus.(tro)
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Filing 702
LETTER addressed to Office of the Clerk from Tobias Koerner dated 9/4/09 re: Tobias Koerner, join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations that includes as further set forth in this letter. Document filed by Tobias Koerner.(tro)
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Filing 701
LETTER addressed to Office of the Clerk from Dr. Moritz Hagenmuller dated 9/1/09 re: Moritz Hagenmuller, Managing Director of the Books on Demand GmbH, join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations that includes the Borsenverein des Deutschen Buchhandels and others, for the reasons presented to this Court by those individuals and entities. Document filed by Moritz Hagenmuller.(tro)
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Filing 699
CERTIFICATE OF SERVICE of Motion For Leave To Withdraw Appearance served on Cindy A. Cohn, Hadley Perkins Roeltgen, J. Kate Reznick (See attatched certificate) on 9/14/09. Service was made by Mail. Document filed by Canadian Standards Association. (Neuman, Kristin)
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Filing 659
AFFIDAVIT of Kristin H. Neuman in Support re: 657 MOTION for Kristin H. Neuman to Withdraw as Attorney Motion For Leave To Withdraw Appearance On Behalf Of The Canadian Standards Association.. Document filed by Canadian Standards Association. (Neuman, Kristin)
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Filing 657
MOTION for Kristin H. Neuman to Withdraw as Attorney Motion For Leave To Withdraw Appearance On Behalf Of The Canadian Standards Association. Document filed by Canadian Standards Association.(Neuman, Kristin)
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Filing 630
LETTER addressed to Office of the Clerk from Manfred Finkeldey dated 9/3/2009 re: We are German publishing house and write to object the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers for the reasons set forth within. (jfe)
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Filing 629
DECLARATION of Nicolas Georges. (jfe)
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Filing 698
LETTER addressed to Mr. McMahon from Tony Simpson dated 9/2/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe)
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Filing 697
LETTER addressed to Judge Denny Chin from Jesus Sanchez Garcia dated 9/3/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe)
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Filing 696
LETTER addressed to Office of the Clerk from Lothar Schirmer dated 9/2/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe)
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Filing 695
LETTER addressed to Office of the Clerk from Brigitte Balke-Schmidt dated 9/2/2009 re: Counsel writes to object to the Google Book Settlement.. (jfe)
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Filing 694
LETTER addressed to Mr. McMahon from Vibeke Viteri-Loohuis dated 9/2/09 re: We hope that the court will seriously consider the objections and remarks made herein. Document filed by Vibeke Viteri-Loohuis.(mro)
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Filing 693
LETTER addressed to Office of the Clerk from Brigitte Balke-Schmidt dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement. (jfe)
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Filing 692
LETTER addressed to Office of the Clerk from Dr. h.c. Karl-Peter Winters dated 9/1/09 re: We write to object to the settlement agreement. Document filed by h.c. Karl-Peter Winters.(mro)
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Filing 691
AFFIRMATION OF SERVICE of Junji Suzuki re: 467 Objection (non-motion), Objection (non-motion). (jfe)
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Filing 690
LETTER addressed to Office of the Clerk from Professor Barbara Scheuch-Voetterle dated 9/2/09 re: We write to object to the settlement agreement. Document filed by Barbara Scheuch-Voetterle.(mro)
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Filing 689
AFFIRMATION OF SERVICE of Mika Hasegawa re: 464 Objection (non-motion). (jfe)
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Filing 688
LETTER addressed to Office of the Clerk from Klaus Humann dated 9/2/09 re: We write to object to the settlement agreement. Document filed by Klaus Humann.(mro)
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Filing 687
LETTER addressed to Judge Denny Chin from Olivier Nora dated 9/3/2009 re: Counsel writes to object to the Proposed Settlement Agreement. (jfe)
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Filing 686
LETTER addressed to Office of the Clerk from Dirk Sieben dated 9/2/09 re: We write to object to the proposed settlement agreement. Document filed by Dirk Sieben.(mro)
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Filing 685
LETTER addressed to Judge Denny Chin from Holly K. Towle dated 8/31/2009 re: Counsel writes to object to the Google Book Settlement.(jfe)
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Filing 684
LETTER addressed to Mr. McMahon from Kim Griggs dated 9/4/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe)
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Filing 683
LETTER addressed to Judge Denny Chin from Alain Kouck dated 9/2/09 re: We would like to raise objections to the settlement agreement listed herein. Document filed by Alain Kouck.(mro)
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Filing 682
LETTER addressed to Judge Denny Chin from Olswang LLP dated 9/8/2009 re: Counsel respectfully request the Court's permission to file this letter as an amicus curiae brief to address certain concerns of UK authors who have not opted-out of the proposed settlement agreement in this proceeding. (jfe)
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Filing 681
LETTER addressed to Settlement Administrator dated 9/2/09 re: SATV is opting out of the settlement in Authors Guild, Inc. et al. Document filed by Frank P. Scibilia.(mro)
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Filing 680
LETTER addressed to Mr. McMahon from Jeanetter Wilson dated 9/3/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe)
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Filing 679
LETTER addressed to Mr. McMahon from Chris Else dated 9/3/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe)
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Filing 678
LETTER addressed to Clerk Michael McMahon from John Mouldin dated 8/31/09 re: If you respect the actions listed herein, you can take on my behalf: make sure my comments and objections are heard by Court. Document filed by John Mouldin.(mro)
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Filing 677
LETTER addressed to Office of the Clerk from Marianne Rubelmann dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement. (jfe)
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Filing 676
LETTER addressed to The Court from Jesse Rutherford dated 9/3/09 re: For the reasons herein, I respectfully request that this Court reject the proposed settlement and/or decline to certify the class with regard to non-US rights holders. Document filed by Jesse Rutherford.(mro)
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Filing 675
LETTER addressed to Mr. McMahon from Marie Langley dated 3/9/2009 re: Counsel writes to object to the proposed settlement as a class member. (jfe)
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Filing 674
LETTER from Donica Bettanin re: It appears to us that there needs to be serious thought given to the administrative demands and possible problems of the settlement for rights holders outside the USA. (mro)
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Filing 673
LETTER addressed to Mr. McMahon from Barbara Helen Else re: Counsel writes to object to the proposed settlement as a class member. (jfe)
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Filing 672
LETTER addressed to Judge Denny Chin from Isabelle Magnac dated 9/3/09 re: For the reasons herein, Salvat respecfully requests that this Court reject the proposed settlement and/or decline to certify the class with regard to non-US rights holders. Document filed by Isabelle Magnac.(mro)
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Filing 671
LETTER addressed to Judge Denny Chin from Arnaud Nourry dated 9/3/09 re: For the reasons herein, Hachette UK respecfully requests that this Court reject the proposed settlement and/or decline to certify the class with regard to non-US rights holders. Document filed by Arnaud Nourry.(mro)
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Filing 670
LETTER addressed to Sir from Stephanie Golden dated 9/5/09 re: Im writing to object to the Google settlement in its correct form. Document filed by Stephanie Golden.(mro)
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Filing 669
LETTER addressed to Judge Denny Chin from Giles Sandeman-Allen dated 9/4/09 re: If the settlement is agreed in principle, I am writing to request for an amendment in the determination of "in print". Document filed by Giles Sandeman-Allen.(mro)
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Filing 668
LETTER addressed to Sir Michael McMahon from Aime Van Hecke dated 9/2/09 re: We raise concerns and objections to this settlement listed herein. Document filed by Aime Van Hecke.(mro)
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Filing 667
LETTER addressed to Office of the Clerk from Rose Teo dated 9/4/09 re: As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. Document filed by Rose Teo.(mro)
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Filing 666
LETTER addressed to Sir/Madam from Minoru Ito dated 9/3/09 re: We write to express our rejection to the settlement and request to opt out of the settlement. Document filed by Minoru Ito.(mro)
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Filing 665
LETTER addressed to Judge Denny Chin from Salley Shannon dated 9/4/09 re: Writes to object to the proposed settlement agreement. Document filed by Salley Shannon.(mro)
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Filing 664
LETTER addressed to Mr. McMahon from Robert K. Massie dated 9/8/09 re: I am sending you this copy of a letter I sent last week to the Google Book Search Committee Settlement Administration which has so far not permitted me to opt put of the settlement as I wish to do and as I first told them in April. (mro)
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Filing 663
LETTER addressed to Sir from Dr. Comelia Heering dated 9/3/09 re: As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. Document filed by Comelia Heering.(mro)
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Filing 662
LETTER addressed to Sir from Dr. Comelia Heering dated 9/3/09 re: As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. Document filed by Comelia Heering.(mro)
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Filing 661
LETTER addressed to Judge Denny Chin from Antonio dated 9/8/09 re: We would like to join in the objections against the settlement presented by the Associazione Italiana Editori. Document filed by Federacion de Gremios de Editores de Espana.(mro)
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Filing 660
LETTER Brief from Mumia Abu-Tamal re: Objection to the pending settlement. Document filed by Mumia Abu-Tamal.(mro)
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Filing 658
LETTER addressed to Office of the Clerk from Dr. Felix Breidenstein dated 9/1/09 re: I am the executive director of the German Bible Society; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Felix Breidenstein.(mro)
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Filing 656
LETTER addressed to Office of the Clerk from Karin Schmidt-Friderichs dated 9/2/09 re: We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Karin Schmidt-Friderichs.(mro)
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Filing 655
LETTER addressed to Sir from Dr. Comelia Heering dated 9/3/09 re: We are a German publishing house having its registered office at Braunschweig, Germany; As a so called rights holder under the settlement agreement we object. Document filed by Comelia Heering.(mro)
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Filing 654
LETTER addressed to Sir from Dr. Comelia Heering dated 9/3/09 re: We are a German publishing house having its registered office at Essen, Germany; As a so called rights holder under the settlement agreement we object. Document filed by Comelia Heering.(mro)
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Filing 653
LETTER addressed to Judge Denny Chin from Jesus Sanchez Garcia dated 9/3/09 re: For the reasons herein, Edelsa Grupo Didascalia respectfully requests that this Court reject the proposed settlement and/or decline to certify the class with regard to non-US rights holders. Document filed by Jesus Sanchez Garcia.(mro)
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Filing 652
LETTER addressed to Office of the Clerk from Mitchell Allen dated 9/4/09 re: I am writing as president, publisher, and owner of Left Coast Press, Inc., a scholarly for profit publishing house of humanities and social sciences based on the San Francisco Bay Aread, and on behalf of authors we publish; We wish to express our objections to the settlement before settlement administrator here and hope you reject the settlement terms. Document filed by Mitchell Allen.(mro)
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Filing 651
LETTER addressed to Office of the Clerk from Kazufumi Watanabe dated 9/3/09 re: We strongly reject the action carried out by Google, as it infringes upon the publication and sale of books based upon contracts signed between the author (copyright holder) and the publishing company. Document filed by Kazufumi Watanabe.(mro)
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Filing 650
LETTER addressed to Michael McMahon from Jean L. Cooper dated 9/2/2009 re: Counsel writes to oppose the Settlement Agreement. (jfe)
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Filing 649
LETTER addressed to Sir from Jean L. Cooper dated 9/2/09 re: I am a librarian and an author, and as I have standing as a member of the author class in the Google Book Settlement; I am opposed to the Settlement for the reasons stated herein. Document filed by Jean L. Cooper.(mro)
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Filing 648
LETTER addressed to Office of the Clerk from Ralf Frenzel dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe)
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Filing 647
DECLARATION OF LYNNE D. FINNEY, AUTHOR, COPYRIGHT OWNER, AND PUBLISHER, IN OPPOSITION TO SETTLEMENT AGREEMENT. (jfe)
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Filing 646
LETTER addressed to Office of the Clerk from Erna Paris re: Counsel writes to object to the Settlement Agreement.. (jfe)
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Filing 645
NFS'S OBJECTION TO THE PROPOSED SETTLEMENT. (jfe)
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Filing 644
OBJECTION AND NOTICE TO APPEAR ON BEHALF OF ABSENT CLASS MEMBER, DAVID MEININGER. (jfe)
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Filing 643
LETTER addressed to Office of the Clerk from Oliver Waffender dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe)
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Filing 642
LETTER addressed to Office of the Clerk from Dr. Katharina Eleonore Meyer dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe)
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Filing 641
LETTER addressed to Office of the Clerk from Ingwert Paulsen dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe)
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Filing 640
LETTER addressed to Office of the Clerk from Dieter Krause dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe)
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Filing 639
LETTER addressed to Office of the Clerk from Dr. Christine Autenrieth dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe)
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Filing 638
LETTER addressed to Office of the Clerk from Jurgen Kleidt dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe)
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Filing 637
LETTER addressed to Office of the Clerk from Wilmar Diepgrond dated 9/2/2009 re: Counsel writes to object to the proposed Settlement Agreement. (jfe)
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Filing 636
LETTER addressed to Office of the Clerk from Ingwert Paulsen dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe)
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Filing 635
LETTER addressed to Office of the Clerk from Dr. Christine Autenrieth dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe)
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Filing 634
LETTER addressed to Office of the Clerk from Gunter Berg dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement.. (jfe)
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Filing 633
Objection of Takashi Yamamoto. (jfe)
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Filing 632
LETTER addressed to Office of the Clerk from Stefan Ruhling dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement. (jfe)
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Filing 631
LETTER addressed to Office of the Clerk from Kurt Stellfeld dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement. (jfe)
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Filing 628
LETTER addressed to Office of the Clerk from Georg Kessrer dated 9/2/2009 re:My name is Georg Kessler, and I am Managing Director/Publisher of the GRAFE UND UNZER Publishers, a book publisher located in Munich, Germany. GRAFE UND UNZER Publishers is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi)
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Transmission to Attorney Admissions Clerk. Transmitted re: 309 Order on Motion to Appear Pro Hac Vice, 311 Order on Motion to Appear Pro Hac Vice, 310 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jmi)
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Filing 627
Objection OF AMERICAN PSYCHOLOGICAL ASSOCIATION TO PROPOSED SETTLEMENT. (jmi)
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Filing 626
BRIEF AMICI CURIAE OF LYRASIS, INC., NYLINK AND BIBLIOGRAPHICAL CENTER FOR RESEARCH ROCKY MOUNTAIN, INC. IN SUPPORT OF MODIFICATION OF PROPOSED SETTLEMENT. (jmi)
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Filing 625
Objection of Alex M.G. Burton to Class Settlement. (jmi)
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Filing 624
DECLARATION of Ministerialdirigent Dr. Johannes Christian Wichard. (jmi)
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Filing 623
LETTER addressed to J. Michael McMahon from Regina Harris Baiocchi dated 9/1/2009 re: This letter serves as my formal notification to OPT OUT of the Google Book Settlement. My OPT out request. (jmi)
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Filing 622
LETTER addressed to J. Michael McMahon from G. Emil Ward dated 9/4/2009 re: I am the copyrights holder for: Massachusetts Landlord-Tenant Practice: Law and Forms, formerly published by Lexis-Nexis. The copyright was assigned back to me by that publisher approximately six years ago which assignment I sent to the Copyrights Office in recent months. (jmi)
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Filing 621
LETTER addressed to J. Michael McMahon from Stephen Nachmanovitch dated 9/3/2009 re: Digitizing the contents of the great libraries of the world - for both the functions of backup and accessibility - is an exciting project. (jmi)
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Filing 620
LETTER addressed to J. Michael McMahon from Andrzei Karpowicz dated 9/3/2009 re: Acting on behalf of the author, Mr Waldemar Lysiak I hereby inform you that my Client does not consent to have his books covered by the provisions of the settlement, regarding the Google Book Search software. This concerns in particular, but without limitations, the following titles published by various publishers in Poland and USA. (jmi)
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Filing 619
LETTER addressed to Judge Denny Chin from Norbert Froitzheim dated 9/2/2009 re: My name is Norbert Froitzheim and I am member of the executive board of the Deutscher Arzte-Verlag G3mbH, a book publisher located in Cologne, Germany. The Deutscher Arzte-Verlag GmbH is a member of the settlement class embraced by the propose settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. (jmi)
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Filing 618
LETTER addressed to Judge Denny Chin from Annette Sievers dated 9/2/2009 re: My name is Annette Sievers, and I am managing director of the pmv Peter Meyer Verlag, a book publisher located in Frankfurt am Main. pmv Peter Meyer Verlag is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the Settlement Agreement), because it own rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi)
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Filing 617
LETTER addressed to Judge Denny Chin from Vivian Vande Velde dated 9/1/2009 re: I am writing to express my displeasure with everything about the handling of the Google Settlement. (jmi)
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Filing 616
LETTER addressed to Judge Denny Chin from Hans A. Baensch dated 9/2/2009 re: My name is Han -Albrecht Baensch, and I am the owner and Manager of Mergus Verlag GmbH (publisher), Im Wiele 27, 49328 Melle, Germany. Mergus Verlag GmbH is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. Copyright laws. We wright to object to the Settlement Agreement. (jmi)
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Filing 615
LETTER addressed to Office of the Clerk from Liana Levi dated 9/3/09 re: I am the Manager and Editor in Chief of the Editions Liana Levi, a book publisher located in France. We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by the French Publishers Association (Syndicat National de L'Edition/SNE), for the reasons presented to this Court by this entity. (tro)
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Filing 614
LETTER addressed to Judge Denny Chin from Bardo Jensch dated 9/1/2009 re: My name is Mr. Bardo Jensch, and I am officer with procuration of the Schwabenverlag Aktiengesellschaft, a book publisher located in Ostfildern (Germany). Schwabenverlag Aktiengesell chaft is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi)
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Filing 613
LETTER addressed to Judge Denny Chin from Neckar-Verlag dated 9/3/2009 re: We are a German publishing house having its registered office at Villingen-Schwenningen, Germany. As a major publisher in the area of educational and other products we are distributing about 300 different books (150 educational up-to-date for which we are holding the US copyright. As a so called rightsholder under the Settlement Agreement we object to the proposed settlement agreement between Google Inc., and the Authors Guild and the Association of American Publishers (the "Settlement Agreement"). (jmi)
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Filing 612
LETTER addressed to Judge Denny Chin from Mr. Thijs VerLoren van Themaat dated 9/2/2009 re: We, Verloren Publisher from Hilversum, The Netherlands, are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections to this Settlement. (jmi)
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Filing 611
LETTER addressed to Office of the Clerk from Albrecht Koschutzke dated 9/3/09 re: I am the CEO of the Verlag J. H. W. Dietz Nachf GmbH, located in Bonn, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Albrecht Koschutzke.(mro)
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Filing 610
LETTER addressed to Office of the Clerk from Ingwert Paulsen dated 9/2/09 re: I am the owner of the Mattheisen Verlag Ingwert Paulsen, located in Husum, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Ingwert Paulsen.(mro)
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Filing 609
LETTER addressed to Office of the Clerk from Ingwert Paulsen dated 9/2/09 re: I am the owner of the Hamburger Lesehefte Verlag, Inh located in Husum, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Ingwert Paulsen.(mro)
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Filing 608
LETTER addressed to Office of the Clerk from Axel Schonberger dated 9/2/09 re: I am chief executive officer of the Valentia GmbH located in Frankfurt, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Axel Schonberger.(mro)
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Filing 607
LETTER addressed to Office of the Clerk from Axel Schonberger dated 9/2/09 re: I am the owner of the Axel Schonberger Verlag located in Frankfurt, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Axel Schonberger.(mro)
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Filing 606
LETTER addressed to Office of the Clerk from Oskar Klan dated 9/3/09 re: I am editor in chief of the Schwaneberger Verlag GmbH, a book publisher in Unterschleibheim, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Oskar Klan.(mro)
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Filing 605
LETTER addressed to Judge Denny Chin from Jennifer B. Coplan dated 9/8/09 re: Enclosed please find a courtesy copy of the Amicus Curiar Brief of Sony Electronics. in support of proposed Google Book Search settlement, which was electronically filed earlier today. (mro)
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Filing 604
LETTER addressed to Judge Denny Chin from Nathalie Jouven dated 9/3/09 re: I am a citizen of France and Chief Executive Officer of Dunod Editeur SA; Dunod objects to the proposed settlement. Document filed by Nathalie Jouven.(mro)
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Filing 603
NOTICE OF APPEARANCE by William Irwin Kohn on behalf of Canadian Standard Association (Kohn, William)
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Filing 602
LETTER addressed to Office of the Clerk from Francis Esmenard dated 9/4/09 re: I am the CEO of Albin Michel Group, a book publisher located in France; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Francis Esmenard.(mro)
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Filing 601
LETTER addressed to Whom it may concern from Stephen Cox dated 9/3/09 re: I would like to formally make an objection to the action to Google.com violating my book copyrights by way of creating a book database including my materials without my permission. Document filed by Stephen Cox.(mro)
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Filing 600
LETTER addressed to Sir Michael McMahon from Mr. E.A. van Ingen dated 9/2/09 re: We, Publishing House Nelissen are writing to you in regards to the proposed settlement agreement; We would like to raise concerns and objections to this settlement listed herein. Document filed by E.A. van Ingen.(mro)
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Filing 599
LETTER addressed to Office of the Clerk from Klaas Jarchow dated 9/1/09 re: I am publisher of the Murman Verlag, a book publisher located in Hamburg, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Klaas Jarchow.(mro)
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Filing 598
LETTER addressed to Office of the Clerk from Dr. Martin Wagner dated 9/3/09 re: I am legal counsel of Langescheidt ELT GmbH, a book publisher in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Martin Wagner.(mro)
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Filing 597
LETTER addressed to Office of the Clerk from Dr. Michael Vogtmeier dated 9/2/09 re: I am publishing director of the Hogrefe Berlag Gmbh & Co. KG, a book publisher located in Gottingen, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Michael Vogtmeier.(mro)
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Filing 596
LETTER addressed to Office of the Clerk from Robert Dimbleby dated 9/3/09 re: I am the publishing manager of Hogrefe Publishing GmbH, a book publisher located in Gottingen, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Robert Dimbleby.(mro)
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Filing 595
LETTER addressed to Office of the Clerk from Michael Schweins dated 9/2/09 re: I am the president of the Ars Edition GmbH, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Michael Schweins.(mro)
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Filing 594
LETTER addressed to Office of the Clerk from Claude Portmann dated 9/3/0* re: I am owner and manager of the C.F. Portmann Verlag and Edition Hu&Hott, a book published located in Erlenbach, Switzerland; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Claude Portmann.(mro)
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Filing 593
LETTER addressed to Office of the Clerk from Antoine Gallimard dated 9/3/09 re: I am chairman and chief executive officer of the Edition Gallimard, SA, a book publisher located in France; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Antoine Gallimard.(mro)
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Filing 592
LETTER addressed to Sir Michael McMahon dated 9/3/09 re: We, Sanoma Uitgevers BV, are writing in regards to the proposed settlement; We raise concerns and objections to this settlement herein. Document filed by Henk Scheenstra.(mro)
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Filing 591
LETTER addressed to Sir, from Bernd Tofflinger dated 9/3/09 re: We are a German publishing house having its registered office at Braunschweig, Germany. As a major publisher in the area of educational products we are distributing about 300 different educational books up to date for which we are holding the US copyright. As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. Document filed by Bernd Tofflinger.(mro)
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Filing 590
LETTER addressed to Office of the Clerk dated 9/3/09 re: We are a Polish publishing house having its registered office at Lodz, Poland. As a major publisher in the area of educational products we are distributing about 400 different educational books up to date for which we are holding the US copyright. As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. Document filed by Eginhard Hohne.(mro)
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Filing 589
LETTER addressed to Office of the Clerk, from Eginhard Hohne dated 9/3/09 re: We are a Hungarian publishing house having its registered office of Budapest, Hungary; As a so called rights holder under the settlement agreement we object. Document filed by Eginhard Hohne.(mro)
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Filing 588
LETTER addressed to Sir from Ulrike Jurgens dated 9/3/09 re: We are a German publishing house having its registered office at Braunschweig Germany; As a so called rights holder under the settlement agreement we object. Document filed by Ulrike Jurgens.(mro)
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Filing 587
LETTER addressed to Office of the Clerk from Tatjana Sepin dated 9/1/09 re: I am manager rights and permissions of S. Karger AG, a book publisher located in Basel, Switzerland; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Tatjana Sepin.(mro)
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Filing 586
LETTER addressed to Office of the Clerk from Dr. Martin Wagner dated 9/3/09 re: I am legal counsel and head of the legal department of Polyglott Verlag GmbH, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Martin Wagner.(mro)
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Filing 585
LETTER addressed to Office of the Clerk from Dr. Martin Wagner dated 9/3/09 re: I am legal counsel and head of the legal department of Axel Juncker Verlag GmbH, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Martin Wagner.(mro)
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Filing 584
LETTER addressed to Office of the Clerk from Dr. Martin Wagner dated 9/3/09 re: I am legal counsel and head of the legal department of Mentor Verlag GmbH a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Martin Wagner.(mro)
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Filing 583
LETTER addressed to Sir Michael McMahon from Hans Nijenhuis, dated 9/4/09; re: We, publishing house De Bezige Bij/ Thomas Rap, based in Amsterdam, The Netherlands, are writing you in regards to the proposed settlement agreement; We raise concerns and objections to this settlement herein. Document filed by Hans Nijenhuis.(mro)
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Filing 582
LETTER addressed to Office of the Clerk from Bernhard Bucker dated 9/3/09 re: I am financial director of Suhrkamp GmbH & Co. KG, a book publisher located in Frankfurt, Germany; I am publishing director of Buchverlage LangenMuller Herbig nymphenburger terra magica, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Bernhard Bucker.(mro)
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Filing 581
LETTER addressed to Office of the Clerk from Kobushi Shobo dated 8/31/09 re: For the reasons listed herein, Kobushi Shobo protests the actions carried out by Google, Inc, and demands that Google, Inc. immediately cease its digitalization and release to the public of books published by Kobushi Shobo. Document filed by Kobushi Shobo.(mro)
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Filing 580
LETTER addressed to Judge Denny Chin from Olivier Nora dated 9/3/09 re: I am a citizen of France and chief executive officer of Librairie Artheme Fayard SA; Fayard objects to the proposed settlement and strenuously urges the Court to reject it. Document filed by Olivier Nora.(mro)
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Filing 579
LETTER addressed to Office of the Clerk from Dr. Sven Fund dated 9/3/09; re: I am the managing director of the Walter de Gruyter GmbH & CO. KG, Sellier de Gruyter and De Gruyter Rechtswissenschaften-Verlags GmbH, a book publishers located in Berlin, Germany; I am publishing director of Buchverlage LangenMuller Herbig nymphenburger terra magica, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Sven Fund.(mro)
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Filing 578
LETTER addressed to Office of the Clerk from Helga Schreiber, ppa dated 9/3/09 re: I am publishing director of Buchverlage LangenMuller Herbig nymphenburger terra magica, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Brigitte Fleissner-Mikorey.(mro)
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Filing 577
LETTER addressed to Office of the Clerk from Kristin Nilsson dated 8/31/09 re: I am publisher of the Folkuniversitetets forlag, a book publisher located in Lund, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Kristin Nilsson.(mro)
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Filing 576
LETTER addressed to Office of the Clerk from Teresa Cremisi dated 9/3/09 re: I am CEO of the Flammarion Group, a book publisher in France; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Teresa Cremisi.(mro)
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Filing 575
LETTER addressed to J. Michael McMahon from K.D. Wood dated 9/4/2009 re: Iam a New Zealand citizen and a New Zealand author, publisher; illustrator etc., with copyrights that are protected by the New Zeal d Copyright Act 1994, by any contracts under copyright protection, and by the Berne Convention for the Protection of Literary and Artistic Work. The United States does not have jurisdiction to over-ride these protections. (jmi)
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Filing 574
LETTER addressed to Office of the Clerk from Norbert Treuheit dated 9/1/09 re: I am publisher and executive of the ars vivendi publishing house, a book publisher located in Cadolzburg, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Norbert Treuheit.(mro)
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Filing 573
LETTER addressed to Sir from Diana Kimpton dated 9/2/09 re: I am a member of the settlement class for this case and I am writing to object to the proposed settlement agreement. Document filed by Diana Kimpton.(mro)
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Filing 572
LETTER addressed to Office of the Clerk from Mie Li Doy dated 9/3/2009 re: My name is Irene Lindon and I am CEO of LES EDITIONS DE MINUIT S.A., a book publisher located in France. LES EDITIONS DE MINUIT is a member of the settlement class embraced by t e proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi)
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Filing 571
LETTER addressed to Judge Denny Chin from Sara Mella dated 9/2/09 re: I am the managing director of Otava Publishing Company Ltd located in Helsinki, Finland; I write to let this Court know that our company as a copyright hold is opposed to this settlement agreement. Document filed by Sara Mella.(mro)
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Filing 570
LETTER addressed to Office of the Clerk from Paul A. Heider dated 9/2/09 re: I am Geschafsfuhrer of the Steyler Verlag and Steyler Verlagsbuchhandlung GmbH, a book publisher located in Nettetal, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Paul A. Heider.(mro)
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Filing 569
LETTER addressed to Sir or Madam from Dana P. Tierney dated 9/3/09 re: Our clients are members of the publisher subclass and the purpose of this correspondence is to advise that they "opt out" of the Google Book Settlement. Document filed by Dana P. Tierney.(mro)
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CASHIERS OFFICE REMARK on 266 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/02/2009, Receipt Number 699011. (jd)
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CASHIERS OFFICE REMARK on 232 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 09/01/2009, Receipt Number 698924. (jd)
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Filing 568
LETTER addressed to Mr. McMahon from John C. Lorenz dated 8/30/09 re: Please accept this letter as the formal objection of the American Association of Petroleum Geologists to the Google Copyright settlement referenced above. Document filed by John C. Lorenz.(mro)
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Filing 567
LETTER addressed to Office of the Clerk` from Regina Lindhoff and Simone Linden dated 9/2/09 re: I am the head of the public relations of Mehr Zeit fur Kinder e. V., a book publisher located in Frankfurt, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Regina Lindhoff.(mro)
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Filing 566
LETTER addressed to Office of the Clerk from Albrecht Oldenbourg dated 9/3/09 re: We are a German publishing house having its registered office at Wuerzburg, Germany; As a so called rights holder under the settlement agreement we object. Document filed by Albrecht Oldenbourg.(mro)
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Filing 565
LETTER addressed to Office of the Clerk from Michael Cramm dated 9/2/09 re: I am the contract manager of the Taschen GmbH, a book publisher located in Cologne, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Michael Cramm.(mro)
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Filing 564
LETTER addressed to Office of the Clerk from Joachim Kamphausen dated 9/2/09 re: I am publisher of the J. Kamphausen Verlag & Distribution GmbH, located in Bielefeld, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Joachim Kamphausen.(mro)
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Filing 563
LETTER addressed to Mr. McMahon from Johan de Koning dated 9/3/09 re: We, Standaard Uitgeverij NV, are writing you in regards to the proposed settlement agreement between Google, Inc and the Authors Guild, etc. We raise concerns and objections to this settlement listed herein. Document filed by Johan de Koning.(mro)
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Filing 562
LETTER addressed to Sir from Elisabeth Zerlauth dated 9/3/09 re: We, E. DORNER GmbH, are an Austrian publishing house having its registered office at Vienna, Austria. As a major publisher in the area of educational products we are distributing about different educational up to date for which we are holding the US copyright; As a so called rights holder under the settlement agreement we object to the proposed settlement agreement. Document filed by Elisabeth Zerlauth.(mro)
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Filing 561
LETTER addressed to Office of the Clerk from Dr. Carsten C. Hubner dated 9/2/09 re: I am managing director of the ADAC Verlad GmbH, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Carsten C. Hubner.(mro)
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Filing 560
LETTER addressed to Office of the Clerk from Alexander Potyka dated 9/1/09 re: I am manager of the Picus Verlag Ges. m.b.H., a book publisher located in Vienna, Austria; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Alexander Potyka.(mro)
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Filing 559
LETTER addressed to Office of the Clerk from Ursula Rosengart dated 9/1/09 re: I am CEO of the GABAL Verlag, a book publisher located in Offenbach, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Ursula Rosengart.(mro)
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Filing 558
Objection of Editions Larousse SAS to Proposed Class Settlement. For each of the foregoing reasons, Editions Larousse respectfully requests that this Court reject the Proposed Settlement and/or decline to certify the class with regard to non-US Rightsholders. (jmi)
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Filing 557
LETTER addressed to Office of the Clerk from Dr. Albrecht Weiland dated 9/3/2009 re: My name is Dr. Albrecht Weiland, and I am CEO of the Verlag Schnell & Steiner GmbH a book publisher located in Regensburg, Germany. Verlag Schnell & Steiner GmbH is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi)
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Filing 556
LETTER addressed to Office of the Clerk from Dr. Joachin Kaps dated 9/2/2009 re: My name is Dr. Joachim Kaps, and I am Managing Director of TOKYOPOP GmbH, a book publisher located in Hamburg, Germany. TOKYOPOP GmbH is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi)
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Filing 555
LETTER addressed to Judge Denny Chin from Jurgen-Matthias Springer dated 9/2/2009 re: My name is Jurgen-Matthias Springer, and I am Managing Director of the Peter Lang GmbH, a book publisher located in Frankfurt am Main, Germany. Peter Lang GmbH is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. (jmi)
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Filing 554
LETTER addressed to Office of the Clerk from Eginhard Hohne dated 9/3/2009 re: we are a Hungarian publishing house having its registered office at Celldomolk, Hungary. As a major publisher in the area of educational products we are distributing about 300 different educational books up-to-date for which we are holding the US copyright. As a so called rightsholder under the Settlement Agreement we object. (jmi)
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Filing 553
LETTER addressed to Judge Denny Chin from Alian Kouck dated 9/2/2009 re: We, EDITIS HOLDING, are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild (AG) and the Association of American Publishers (AAP). We would like to raise the following objections that arise in Europe/France from the above mentioned Settlement Agreement. (jmi)
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Filing 552
LETTER addressed to J. Michael McMahon from Springer Uitgeverij dated 9/2/2009 re: We, Springer Uitgeverij BV, are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections to this Settlement. (jmi)
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Filing 551
LETTER addressed to Judge Denny Chin from Oliver Nora dated 9/3/2009 re: For each of the foregoing reasons, Fayard respectfully requests that this Court reject the Proposed Settlement and/or decline to certify the class with regard to non-US Rightsholders. (jmi)
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Filing 550
OBJECTION TO PROPOSED SETTLEMENT Unless both the foregoing concerns can be resolved, I respectfully request that the proposed settlement agreement be rejected by this Court. I am submitting this in my capacity as an author and a member of the Authors Guild, not in my capacity as a lawyer. (jmi)
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Filing 549
QUESTIA MEDIA, INC.'S AMICUS CURIAE BRIEF IN OPPOSITION TO THE SETTLEMENT AGREEMENT By ignoring copyright laws and by twisting this class action settlement to its own ends, Google will obtain a monopoly for the commercial exploitation of millions of orphan works. Questia asks the Court not to provide Google with an unfair advantage. The orphan works problem can be solved, but it should be solved through legislation for the benefit of all, not through a class action settlement for the benefit of one company. (jmi)
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Filing 548
LETTER addressed to Office of the Clerk from Annette Sabelus dated 9/2/2009 re: My name is Annette Sabelus, and I am Head of Rights Department of the Piper Verlag GmbH, a book publisher located in Munich, Germany. Piper Verlag is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi)
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Filing 547
OBJECTION TO CLASS ACTION SETTLEMENT AND NOTICE OF INTENT TO APPEAR OF THE UNDERSIGNED STATES REPRESENTED BY THEIR RESPECTIVE ATTORNEYS GENERAL ON BEHALF OF THEMSELVES AND REGISTERED CHARITIES WITHIN THEIR POLITICAL BOUNDARIES In closing if this Court approves the Proposed Settlement, the State Objectors suggests a modification of the proposed settlement agreement requiring the parties to include a provision in the BRR's articles of incorporation or other enabling document to comply with state unclaimed property laws in the same manner as ASCAP and BMI. This will ensure the fairest and most reasonable result for rightsholders, ensure the preservation of charitable assets and further the public purposes of the unclaimed property laws. (jmi)
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Filing 546
LETTER addressed to J. Michael McMahon from Gary K. Hebley dated 9/3/2009 re: As a class member, I wish to support the New Zealand Society of Authors in their objection to the Proposed Settlement. (jmi)
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Filing 545
LETTER addressed to J. Michael McMahon from Dr. Diane A. Hebley dated 9/3/2009 re: As a class member, I wish to support the New Zealand Society of Authors in their objection to the Proposed Settlement. (jmi)
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Filing 544
LETTER addressed to Judge Denny Chin from Michael W. Perry dated 9/2/2009 re: I should introduce myself. I was also one of the seven authors or their representatives who requested that the court extend the deadlines for the Google settlement by four months. (jmi)
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Filing 543
LETTER addressed to J. Michael McMahon from Gary Mokotoff dated 9/4/2009 re: Avotaynu is a publisher of books for which the copyright owners are the authors themselves. We wish to object to the proposed settlement between Google, Inc. and various copyright owners. (jmi)
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Filing 542
LETTER addressed to J. Michael McMahon from Jo Tatchell dated 9/3/2009 re: I am opting in but would like to register the following concerns: Concern about the lack of European representation on the Book Rights Registry, and the ability of the settlement to ensure comprehensive distribution of income to authors. (jmi)
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Filing 541
LETTER addressed to J. Michael McMahon from Dana P. Tierney dated 9/3/2009 re: Our clients are members of the publisher subclass and the purpose of this correspondence is to advise that they "opt out" of the Google Book Settlement. (jmi)
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Filing 540
LETTER addressed to Office of the Clerk from Ann Douglas dated 9/4/2009 re: As the author of 28 works of non-fiction, both for adults and for children, as well as numerous anthology contributions, I am writing to vigorously oppose the terms of the Google Books settlement. (jmi)
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Filing 539
LETTER addressed to J. Michael McMahon from Racheli Edelman dated 4/9/2009 re: The scope and the details of the Google Settlement agreement were brought to our attention too late to tile an objection in court. Only today I have found out that one can also send a letter to the court in this matter and state our position. Reading the settlement agreement between Google and its American parties. (jmi)
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Filing 538
LETTER addressed to J. Michael McMahon from Mr. W.J. Sbetenhorst dated 9/2/2009 re: We, Boom uitgevers Den Haag, are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. We would like to raise the following concerns and objections to this Settlement. (jmi)
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Filing 537
LETTER addressed to Judge Denny Chin dated 9/3/2009 re: I, Serge Eyrolles, am a citizen of France and President of the French Publishers Association (Syndicat National de l'Editioni SNE), the leading association of book publishers in my country. SNE represents 530 member companies whose combined business endeavors account for the bulk of French publishing. Its missions include: advocating publishers' interests, supporting creativity by defending freedom to publish and promoting the respect of intellectual property rights, promoting and defending the fixed book price and promoting literacy. (jmi)
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Filing 536
LETTER addressed to Office of the Clerk from Dorotea Bromberg dated 8/31/2009 re: My name is Dorotea Bromberg, and I am CEO of the Brombergs Bokforlag AB, a book publisher located in Stockholm, Sweden. Brombergs Bokforlag AB is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi)
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Filing 535
LETTER addressed to Judge Denny Chin from Jesus Sanchez Garcia dated 9/3/2009 re: Objections of EDELSA GRUPO DIDASCALIA, S.A. to Proposed Class Settlement. (jmi)
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Filing 508
LETTER addressed to J. Michael McMahon from Michael Kincaid dated 8/28/2009 re: I am writing to object to the class-action Google copyright settlement. As an author potentially affected by the Settlement, a labyrinth of terms, conditions, and definitions formulated without my consultation, I object, first, to the distraction and inconvenience entailed in trying to comprehend those terms, conditions, etc.; to discern the increment of justice (if any) contained therein; and to decide on a fit response, one that does justice to my own interests. (jmi)
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Filing 418
LETTER addressed to Office of the Clerk from Markus Hatzer dated 9/2/09 re: I am the managing director of the Studienverlag GmbH, a book publisher located in Austria; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. (mro) Modified on 9/11/2009 (mro). (Additional attachment(s) added on 9/11/2009: # 1 letter doc) (mro).
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Filing 534
OBJECTIONS TO THE PROPOSED SETTLEMENT AND MEMORANDUM IN SUPPORT OF MOTION TO INTERVENE For the foregoing reasons and under the authority of Rule 24, Intervenors respectfully claim their right to intervene as of right. Additionally, Intervenors give notice of their intention to appear and speak at the October 7, 2009 fairness hearing. (jmi)
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Filing 533
OBJECTION OF JIRO MAKINO AND IWAO KIDOKORO TO THE PROPOSED SETTLEMENT AND TO CERTIFICATION OF THEPROPOSED SETTLEMENT CLASS AND SUB-CLASSES The Settlement Agreement contains serious defects in that it requires a decision which exceeds proper scope of jurisdiction for the case and in that it ignores the global nature of the Internet (its capacity that all of the users in the entire world can use it simultaneously). It disregards the fact that works will be distributed in the entire world, and regards the issue as a domestic issue within the U.S. Furthermore, the Settlement Agreement focuses its scope only on a legal decision as to permissibility of digitization of the subject works, and contains significant defects in that it ignores the underlying issue of existing mode of "digital data search system." It fails to acknowledge important issues of how to guarantee fairness and diversity of the search by giving priority to economy without making sufficient consideration in cultural diversity. As a result, it suffers from extreme bias of the search results. For the reasons explained above, we respectfully request that the Court to reject the Settlement Agreement or decline to certify the class with respect to Japanese or foreign authors. (jmi)
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Filing 532
QUESTIA MEDIA, INC.'S AMICUS CURIAE BRIEF IN OPPOSITION TO THE SETTLEMENT AGREEMENT Questia Media, Inc. ("Questia") urges the Court not to approve the Settlement Agreement between Google, Inc. and the Plaintiffs. Among other things, the settlement calls for Google. (jmi)
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Filing 531
OBJECTION AND NOTICE TO APPEAR ON BEHALF OF ABSENT CLASS MEMBER, DAVID MEININGER (jmi)
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Filing 530
LETTER addressed to Judge Denny Chin from Alain Kouck dated 9/2/09 re: We, Editis Holding, are writing to you in regards to the proposed settlement agreement between Google, Inc and the Authors Guild and the Association of American Publishers. We would like to raise objections that arise in Europe/France from the above mentioned settlement agreement; Objections listed herein. Document filed by Alain Kouck.(mro)
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Filing 529
LETTER addressed to Judge Denny Chin from Ben-Ami Freier dated 9/9/09 re: This letter is being submitted to respectfully request that the Court approve the settlement between the Authors Guild and Google. We believe the proposed settlement represents a historic opportunity to increase access to a vast library of information by people with disabilities. Document filed by Ben-Ami Freier.(mro)
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Filing 528
LETTER addressed to Office of the Clerk from Bjorn Andersson dated 8/31/09 re: I am publisher of the Historiska Media, a book publisher located in Lund, Sweden, Historika Media is a member of the settlement class embraced by the proposed settlement agreement; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Bjorn Andersson.(mro)
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Filing 527
LETTER addressed to Office of the Clerk from Vincent Montagne dated 9/4/09 re: I am chairman of Media Participations Paris, a publishing group operating in France, Belgium, and Switzerland through different subsidaries namely Dargaud, Dupuis, Le Lombard, Fleurus, Magnificat, Mame, Mango, Kana, Rustica, etc; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Vincent Montagne.(mro)
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Filing 526
LETTER addressed to Judge Denny Chin from Arnaud Nourry dated 9/3/09 re: I am a citizen of France and Chief Executive Officer of Hachette Livre SA; As a European publisher, Hachette Livre objects to the proposed settlement and strenuously urges the Court to reject it due to the significant unfair and inequitable effects that it will have on all non-US Authors and Publishers. The proposed settlement is purely and simply unacceptable from the point of view of a European publisher. Document filed by Arnaud Nourry.(mro)
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Filing 525
LETTER addressed to Office of the Clerk from Eva Swartz dated 9/2/09 re: I am the CEO of Natur & Kaltur, a book publisher located in Stockholm, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Eva Swartz.(mro)
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Filing 524
LETTER addressed to Sir Michael McMahon from Mr. E.A. van Ingen dated 9/2/09; re: We are writing in regards to the proposed settlement agreement. We like to raise concerns and objections to this settlement, listed herein. Document filed by E.A. van Ingen.(mro)
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Filing 523
LETTER addressed to Judge Denny Chin from Jesus Sanchez Garcia dated 9/3/09 re: I am a citizen of Spain and consejero-secretario del Consejo de Administacion de Grupo Editorial Bruno,SL; As a European publisher, Grupo Editorial Bruno SL objects to the proposed settlement and strenuously urges the Court to reject it due to the significant unfair and inequitable effects that it will have on all non-US Authors and Publishers. The proposed settlement is purely and simply unacceptable from the point of view of a European publisher. Document filed by Jesus Sanchez Garcia.(mro)
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Filing 522
LETTER addressed to Judge Denny Chin from Serge Eyrolles dated 9/3/09 re: I am a citizen of France and President of the French Publishers Association, the leading association of book publishers in my country; On September 2, 2009, our Executive Committee and General Council formally authorized SNE to present objections to this Court regarding the settlement and objections are listed herein. Document filed by Serge Enyrolles.(mro)
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Filing 521
LETTER addressed to Judge Denny Chin from Nathalie Jouven dated 9/3/09 re: I am a citizen of France and Legal Representative of Les Editions Hatier SNC; As a European publisher, Les Editions Hatier SNC objects to the proposed settlement and strenuously urges the Court to reject it due to the significant unfair and inequitable effects that it will have on all non-US Authors and Publishers. The proposed settlement is purely and simply unacceptable from the point of view of a European publisher. Document filed by Nathalie Jouven.(mro)
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Filing 520
LETTER addressed to Judge Denny Chin from Isabelle Jeuge-Maynart dated 9/3/09 re: I am a citizen of France and the legal representative (president) of Editions Larousse SAS; As a European publisher, Editions Larousse objects to the proposed settlement and strenuously urges the Court to reject it due to the significant unfair and inequitable effects that it will have on all non-US Authors and Publishers. The proposed settlement is purely and simply unacceptable from the point of view of a European publisher. Document filed by Isabelle Jeuge-Maynary.(mro)
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Filing 519
LETTER addressed to Judge Denny Chin from Gary Rhoades dated 9/4/09 re: The American Association of University Professors (AAUP) submits this letter in response to the proposed settlement agreement in this case. This letter is neither in opposition to nor in support of the proposed settlement agreement; instead it raises concerns about the Google Library Project and the proposed settlement agreement on behalf of the interests of college and university faculty and the public in enabling the free exchange of information. Document filed by Gary Rhoades.(mro)
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Filing 518
LETTER addressed to Judge Denny Chin from Sudi Shayesteh and Merrill Parra dated 9/8/09 re: We write this letter on behalf of the City University of New York Committee on student disability Issues to respectfully request that the court approve the settlement between the Authors Guild and Google in the above referenced case. Document filed by Sudi Shayesteh, Merrill Parra.(mro)
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Filing 517
LETTER addressed to Office of the Clerk from Ingwert Paulsen dated 9/2/09 re: I am the owner of the Verlag der Nation Ingwet Paulsen Jr., a book publisher located in Husum, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Ingwert Paulsen.(mro)
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Filing 516
LETTER addressed to Office of the Clerk from Bernd Vincent Walbaum dated 9/1/09 re: I am the managing direct of Edition Peters GmbH resp. C. F. Peters GmbH & Co. KG, a publisher located in Frankfurt/Main, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Bernd Vincent Walbaum.(mro)
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Filing 515
LETTER addressed to Office of the Clerk from Bernd Vincent Walbaum dated 9/1/2009 re: My name is Bernd Vincent Walbaum, and I am the managing director of Edition Peters GmbH resp. C. F. Peters GmbH & Co. KG, a publisher located in Frankfurt/Main, Germany. C. F. Peters is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. (jmi)
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Filing 514
LETTER addressed to Judge Denny Chin from Paul N. Courant dated 9/4/2009 re: I, hereby, request this court's permission to submit this letter as an amicus curiae supporting final settlement approval in the above-referenced case. (jmi)
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Filing 513
LETTER addressed to J. Michael McMahon from Susan J. Gordon dated 8/30/2009 re: I am a professional book author and freelance magazine/newspaper writer objecting to the Google Book Settlement because it is not fair or good for writers or most publishers. Google gets to write copyright law, has no restrictions its use of reader information, and provides no language forbidding censorship. I also find the premise that I am "in" (that is, accepting of the entire settlement agreement) unless I "opt out" to be unfair and outrageous. (jmi)
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Filing 512
LETTER addressed to Office of the Clerk from Dr. Peter Hanser-Strecker and Michael Petry dated 9/1/2009 re: Our name is Dr. Peter Hanser-Strecker (managing director and shareholder of Schott Music GmbH & Co. KG) and Michael Petry (managing director of the SCHOTT MUSIC GmbH & Co. KG). Schott Music GmbH & Co. KG is a music book publisher located in Mainz, Germany. SCHOTT MUSIC GmbH &Co. KG is a member of the settlement class embraced by the proposed settlement agreement that is before this Court in this action (the "Settlement Agreement"), because it owns rights in books that are protected by U.S. copyright law. We write to object to the Settlement Agreement. (jmi)
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Filing 505
LETTER addressed to Office of the Clerk from Martin Kegel dated 9/2/2009 re: Counsel writes to object to the Settlement Agreement. (jfe)
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Filing 504
LETTER addressed to Office of the Clerk from Karin Low dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement. (jfe)
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Filing 503
LETTER addressed to Office of the Clerk from Hildegard Wehler dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement. (jfe)
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Filing 502
LETTER addressed to Office of the Clerk from Bausassessor Dipl.-Ing. Johannes Lohaus dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement. (jfe)
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Filing 501
LETTER addressed to Mr. McMahon from Anthony Holcroft dated 9/3/2009 re: Counsel writes to object to the Proposed Settlement as a class member. (jfe)
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Filing 499
LETTER addressed to Office of the Clerk from Dr. Andreas Barth dated 1/09/2009 re: Counsel writes to object to the Settlement Agreement. (jfe)
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Filing 498
LETTER addressed to Office of the Clerk from Juerg Flury dated 9/1/2009 re: Counsel writes in objection to the Settlement Agreement. (jfe)
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Filing 497
OBJECTION OF JAPANESE PUBLISHERS COMENT TO THE SETTLEMENT. by Japanese publishers. (jfe)
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Filing 496
LETTER addressed to Judge Denny Chin from Mathias Lilleengen dated 9/4/2009 re: Counsel writes on behalf of our member publishers in connection with the proposed settlement of the class-action copyright infringement litigation brought by the U.S. Authors Guild and others against Google's Book Search service. counsel respectfully request that this Court accept this letter as an amicus curiae submission. (jfe)
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Filing 495
LETTER addressed to Office of the Clerk from Bror Tronbacke dated 8/31/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db)
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Filing 494
LETTER addressed to Office of the Clerk from Ann Spaak dated 8/31/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db)
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Filing 493
LETTER addressed to Sir Michael McMahon from A.M.W. Holl dated 9/1/09 re: Objection to Proposed Settlement Agreement. (db)
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Filing 491
LETTER addressed to Office of the Clerk from Erik Hellqvist dated 8/31/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db)
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Filing 490
THE GOOGLE SETTLEMENT: Letter dated 5/27/09 from Forlaeggerforeningen (Danish Publishers Association). (db)
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Filing 489
LETTER addressed to Michael McMahon from Bert de Groot dated 8/25/2009 re: Counsel writes to draw your attention to the copyrights of the Dutch books owned by our publishing house which appear to be included in the settlement reached between Google and the Authors Guild and Association of American Publishers. Counsel should first like to point out that they have not yet been consulted or heard in this settlement, even though our copyrights are involved. Google's actions have raised many questions, comments and objections as set forth within. (jfe)
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Filing 488
LETTER addressed to Sir from Stuart Bernstein dated 8/31/2009 re: Counsel writes to object to the Google Book Settlement. (jfe)
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Filing 487
LETTER addressed to Office of the Clerk from Dr. med. Axel Bedurftig dated 9/1 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db)
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Filing 486
LETTER addressed to Mr. McMahon from W.J. Van Oorschot dated 8/29/2009 re: Counsel writes to make the following objection and comments to the Google Book Search Settlement set forth within. (jfe)
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Filing 485
LETTER addressed to Office of the Clerk from Dieter Bergemann dated 9/1/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db)
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Filing 484
LETTER addressed to Office of the Clerk from Mr. Helmuth Bauer-Callwey dated 9/1/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db)
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Filing 483
LETTER addressed to Office of the Clerk from Dorothea Kieler dated 9/1/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db)
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Filing 482
LETTER addressed to Sir Michael McMahon from Mai Spijkers dated 8/26/2009 re: Counsel writes in regards to the proposed Settlement Agreement between Google Inc., and the Author Guild and the Association of American Publishers. Counsel raises the following concerns and objections to the Settlement set forth within. (jfe)
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Filing 481
LETTER addressed to Office of the Clerk from Patrik Widlund dated 8/31/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db)
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Filing 480
LETTER addressed to Judge Denny Chin from Lewis Hyde dated 8/31/2009 re: Counsel writes to object to some of the terms of the settlement that has been proposed by the litigants in Case No. 05 CV 8136, The Authors Guild, Inc., et al. v. Google Inc. (jfe)
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Filing 479
LETTER addressed to Mr..McMahon from Sander Knol dated 8/27/2009 re: Counsel writes to make the following objections and comments to the Google Book Settlement as set forth within. (jfe)
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Filing 478
LETTER addressed to Judge Denny Chin from Karsten Blauert and Marie Svane dated 9/1/09 re: Request that the Court accept this letter as an Amicus Curiae submission. (db)
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Filing 477
LETTER addressed to Honorable Clerk from Jesus F. Gonzalez dated 8/25/2009 re: Counsel writes in objection to the Google Book Search Agreement. (jfe)
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Filing 476
LETTER addressed to Mr. McMahon from Margaret Jefferies dated 9/3/09 re: Objection to Proposed Settlement as a class member. (db)
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Filing 475
LETTER addressed to Office of the Clerk from Wolfgang Foerster dated 9/1/2009 re: Counsel writes to object to the Settlement Agreement. Counsel therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations that includes the Borsenverein des Deutschen Buchhandels and others, for the reasons presented to this Court by those individuals and entities. In addition, counsel wish to inform this Court that their company did not receive any written notice of the Settlement Agreement, nor did they see any published notice of the Settlement Agreement. (jfe)
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Filing 474
LETTER addressed to Judge Denny Chin from Karsten Blauert and Marie Svane dated 9/1/09 re: Request that the Court accept this letter as an Amicus Curiae submission. (db)
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Filing 473
LETTER addressed to Office of the Clerk from Ann Marie Skarp dated 8/31/09 re: We present this letter to this Court in English, for the Court's convenience and it was translated for us. (db)
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Filing 472
LETTER addressed to Mr. Michael McMahon from Mr. E. A. Van Ingen dated 8/27/2009 re: Boom Publishers Amsterdam are writing to you in regards to the proposed Settlement Agreement between Google Inc., and the Authors Guild and the Association of American Publishers. Counsel would like to raise the following concerns and objections to this Settlement as set forth within.(jfe)
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Filing 471
LETTER addressed to Judge Denny Chin from Arnaud Nourry dated 9/3/2009 re: Hachette respectfully requests that this Court reject the Proposed Settlement and/or decline to certify the class with regard to non-US Rightsholders. (jfe)
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Filing 470
LETTER addressed to Settlement Adminstrator from Frank P. Scibilia dated 9/2/2009 re: Counsel writes to inform you, Google, Inc., and all other interested parties (including Class Counsel and the so-called "Book Rights Registry") that EMI is opting out of the settlement in Authors Guild, Inc. et al. v. Google, Inc., 05 CV 8136 (DC) (the "Google Books Settlement" or the "Settlement"). (jfe)
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Filing 469
LETTER addressed to Office of the Clerk from Vittorio E. Klostermann dated 9/1/2009 re: Counsel writes to join in the objections that have been presented to this Court by Scott Gant and the group of Foreign publishers and publishing associations that includes the Borsenverein des Deutschen Buchhandels and others, for the reasons presented to this Court by those individuals and entities. (jfe)
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Filing 468
LETTER addressed to Office of the Clerk from Johannes Lessmann dated 9/2/09 re: Join in the objections that have been presented to the Court by Scott Gant and the group of foreign publishers and publishing associations that includes the Borsenverein des Deutschen Buchhandels and others, for the reasons presented to the Court by those individuals and entities. (db)
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Filing 467
OBJECTION AND NOTICE OF INTENT TO APPEAR OF CLASS MEMBER JUNJI SUZUKI TO PROPOSED SETTLEMENT BETWEEN PLAINTIFFS THE AUTHORS GUILD, INC., ASSOCIATION OF AMERICAN PUBLISHERS, INC., ET AL. AND GOOGLE, INC. By 194 writers in Japan who are members of the Japan Visual Copyright Association. (db)
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Filing 466
SUPPLEMENTAL LIBRARY ASSOCIATION COMMENTS ON THE PROPOSED SETTLEMENT. By the Library Associations. (db)
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Filing 465
THE PROPOSED GOOGLE SETTLEMENT: Views from the Booksellers Association of the United Kingdom & Ireland Limited. (db)
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Filing 464
OBJECTION AND NOTICE OF INTENT TO APPEAR OF CLASS MEMBER SHOJIRO AKASHI TO PROPOSED SETTLEMENT BETWEEN PLAINTIFFS THE AUTHORS GUILD, INC., ASSOCIATION OF AMERICAN PUBLISHERS, INC., ET AL. AND GOOGLE, INC. (db)
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Filing 463
LETTER addressed to Office of the Clerk from Petter Luthersson dated 8/31/2009 re: Counsel writes to object to the Settlement Agreement. Counsel therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations that includes the Svenska Forlaggareforeningen, for the reasons presented to this Court by those individuals and entities. In addition, counsel wish to inform this Court that the written notice that our company received of the Settlement Agreement in Swedish was extremely difficult to read and included a number of meaningless or nonsensical terms and had obviously been translated very poorly. (jfe)
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Filing 462
LETTER addressed to Office of the Clerk from Ulf Heimdahl dated 8/31/09 re: I am managing director of the Informationsforlaget Heimdahls AB, a book publisher in Stockholm, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Ulf Heimdahl.(mro)
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Filing 461
LETTER addressed to Mr. McMahon from Malcolm Campbell dated 9/3/09 re: I write to object to the proposed settlement as a class member. The grounds for my objection are listed herein. Document filed by Malcolm Campbell.(mro)
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Filing 460
LETTER addressed to Mr. McMahon from Ann Louise Mitcalfe dated 9/3/09 re: I write to object to the proposed settlement as a class member. The grounds for my objection are listed herein. Document filed by Ann Louise Mitcalfe.(mro)
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Filing 459
LETTER addressed to Mr. McMahon from Antonette R. Jones dated 9/3/09 re: I write to object to the proposed settlement as a class member. The grounds for my objection are listed herein. Document filed by Antonette R Jones.(mro)
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Filing 458
LETTER addressed to Mr. McMahon from Gordon Charles Ell (pen-name Pita Graham) dated 9/2/09 re: I write to object to the proposed settlement as a class member. The grounds for my objection are: Court has misapplied the Berne Convention; Court has exceeded jurisdiction; Author sub-class not applicable to NZ authors, etc. Document filed by Gordon Charles Ell.(mro)
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Filing 456
LETTER addressed to Judge Denny Chin from Russell Davis dated 9/2/09 re: This letter is sent in protest to the proposed settlement in The Authors Guild, Inc, et al v. Google, Inc. The objection is lodged on behalf of the Science Fiction and Fantasy Writers of America, Inc. ("SFWA"), a non profit organization of professional writers of science fiction, fantasy, and related genres; SFWA requests the opportunity to appear at the Fairness Hearing in this matter currently scheduled for October 7, 2009. Document filed by Russell Davis.(mro)
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Filing 455
LETTER addressed to Office of the Clerk from Torbjorn Santerus re: I am founder and owner of the Santerus Forlag, a book publisher located in Stockholm, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Torbjorn Santerus.(mro)
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Filing 454
LETTER addressed to Office of the Clerk from Dr. Reinhard Martini dated 9/2/09 re: I am the publisher of Junfermann Verlag, a book publisher located in Paderborn, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Reinhard Martini.(mro)
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Filing 453
LETTER addressed to Office of the Clerk from Peter Hohl dated 9/1/09 re: I am managing director of hte SecuMedia Verlag, a book publisher located in Gai-Algesheim, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Peter Hohl.(mro)
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Filing 452
LETTER addressed to Office of the Clerk from Joachim Weidler dated 9/1/09 re: I am the publisher of Weidler Buchverlag Berlin, a book publisher located in Berlin (Germany); We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Joachim Weilder.(mro)
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Filing 451
LETTER addressed to Office of the Clerk from Georg Holzmeister dated 9/1/09 re: I am general manager of the Fidula-Verlag Holzmeister GmbH, a book publisher located in Boppard/Rhine in Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Georg Holzmeister.(mro)
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Filing 450
LETTER addressed to Office of the Clerk from Cordula Walter-Bolhofer dated 9/1/09 re: I am director of the Calypso Verlag, a book publisher located in 53819 Neunkirchen, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations; Our company did not receive any written notice of the settlement agreement, nor did we see any published notice of the settlement agreement. Document filed by Cordula Walter-Bolhofer.(mro)
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Filing 449
LETTER addressed to Office of the Clerk from Chris Schoen dated 9/1/09 re: I am CEO of ibidem-Verlag J. Haunschild/C. Schon GbR, a book publisher located in Suttgart and Hannover, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Chris Schoen.(mro)
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Filing 448
LETTER addressed to Office of the Clerk from Harald Kirbach dated 9/1/09 re: I am managing director of the Wirtschaftsverlag, a book publisher located in Bremerhaven, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations; We also wish to inform the Court that our company did not receive any written notice of the settlement agreement. Document filed by Harald Kirbach.(mro)
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Filing 447
LETTER addressed to Office of the Clerk from Dr. Susanne Greiner dated 9/1/09; re: I am Geschaftsfuhrer of the Johannes Verlag Einsiedeln, a book publisher located in Freiburg, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations Document filed by Susanne Greiner.(mro)
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Filing 446
LETTER addressed to Office of the Clerk from Dr. Hans-Jurgen Dietrich dated 9/1/09 re: I am the publishing director of the Ergon-Verlag GmbH, a book publisher located in Wurzburg, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Dr.Hans-Jurgen Dietrich.(mro)
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Filing 445
LETTER addressed to Office of the Clerk from Dr. Martin Wagner dated 9/2/09 re: I am legal counsel and head of the legal department of Langenscheidt KG, a book publisher located in Munich, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Martin Wagner.(mro)
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Filing 444
LETTER addressed to Office of the Clerk from Andreas Schulz dated 9/2/09 re: I am the CEO of the Vista Point Verlag GmbH, a book publisher located in Cologne, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Andreas Schulz.(mro)
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Filing 443
LETTER addressed to Office of the Clerk from Karl Heinz Bonny dated 9/2/09 re: I am CEO of Landwirtschaftsverlag GmbH, a book publisher in Munster, Germany; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Karl Heinz Bonny.(mro)
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Filing 442
LETTER addressed to Judge Denny Chin from Kristoffer Lind dated 8/30/09 re: I am chairman of the Nordic Independent Publishers Association (Nordiska Oberoende Forlagas Forening, NOFF) located in Stockholm, Sweden. I write on behalf of NOFF in connection with the proposed settlement of the class action copyright infringement litigation brought by the US Authors Guild and others against Google's Book search service; We urge this Court not to approve the settlement agreement, for the reasons herein; To the extent necessary, we respectfully request that this Court accept this letter as an amicus curiae submission. Document filed by Kristoffer Lind.(mro)
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Filing 441
LETTER addressed to Office of the Clerk from Par Sjolinder dated 9/2/09 re: I am junior editor of the Modernista, a book publisher located in Stockholm, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by Par Sjolinder.(mro)
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Filing 440
LETTER addressed to Office of the Clerk from David Stansvik dated 8/31/09 re: I am managing director of the Bokforlaget Nya Doxa AB, a book publisher located in Nora, Sweden; We write to object to the settlement agreement. We do not have the resources to provide this Court with legal briefing regarding our objections nor do we wish to burden this Court with duplicate filings. We therefore join in the objections that have been presented to this Court by Scott Gant and the group of foreign publishers and publishing associations. Document filed by David Stansvik.(mro)
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