December 4, 2021

Publishers Request Local Rule 37.2 Conference in Hachette Book Group, Inc. et al. v. Internet Archive Lawsuit

UPDATE November 24, 2021 Internet Archive Files Response in Opposition to Publishers Motion For Conference

As Your Honor is aware, currently pending and set for conference on December 2, 2021 are the Internet Archive’s two letter-motions regarding Plaintiffs and the Association of American Publishers’ failure to produce documents (ECF Nos. 47, 49, 54, 56). While Plaintiffs may be eager to portray the Internet Archive as also refusing to produce relevant documents, there is no basis for Plaintiffs’ assertion that the Internet Archive is “stonewalling.” As explained below, Plaintiffs’ requests are for documents that the Internet Archive has either already provided to Plaintiffs, or that the Internet Archive is working diligently to collect and provide with no need for this Court’s intervention.

Read the Complete Filing
2 pages; PDF.

—End Update—

From a Letter to the Judge Filed Today by the Publishers:

We represent plaintiffs Hachette Book Group, Inc, HarperCollins Publishers LLC, John Wiley & Sons, Inc., and Penguin Random House LLC (Plaintiffs”) in this case, in which fact discovery closes on December 17, 2021. We respectfully submit this letter to request a Local Rule 37.2 Conference regarding a motion to compel Defendant Internet Archive (“IA”) to produce documents. Plaintiffs have patiently afforded IA opportunity after opportunity to resolve this discovery dispute. But IA is stonewalling, hoping to run out the clock on discovery.

Read the Complete Filing
3 pages; PDF.

See Also: Internet Archive Requests Pre-Motion Discovery Conference in Publisher Lawsuit (Hachette Book Group, Inc. et al. v. Internet Archive; October 29, 2021)

About Gary Price

Gary Price ( is a librarian, writer, consultant, and frequent conference speaker based in the Washington D.C. metro area. Before launching INFOdocket, Price and Shirl Kennedy were the founders and senior editors at ResourceShelf and DocuTicker for 10 years. From 2006-2009 he was Director of Online Information Services at, and is currently a contributing editor at Search Engine Land.