The request by the Internet Archive for a pre-motion discovery conference was made in a letter sent to Judge John G. Koeltl earlier today (October 29, 2021).
From the Letter:
Pursuant to Local Civil Rule 37.2, Defendant Internet Archive respectfully requests a pre-motion discovery conference regarding a motion to compel Plaintiffs and the Association of American Publishers (“AAP”) to produce responsive documents they are withholding based on assertions of attorney-client privilege, the common interest exception, and the First Amendment privilege.
This dispute concerns documents (i) responsive to the Internet Archive’s requests for production served on Plaintiffs and (ii) responsive to the Internet Archive’s subpoena served on the AAP. These withheld documents are critical to the Internet Archive’s fair use defense—specifically the fourth factor, market harm.
The complete letter runs 3 pages and is accessible via CourtListener.
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