Page:White v. West (memorandum opinion).pdf/2

 motion for summary judgment and denied plaintiff’s motion. This Memorandum and Order explains the reasons for that decision and directs the entry of final judgment.

Plaintiffs sue West and Lexis for copyright infringement based on the inclusion of two of White’s copyrighted briefs in the Westlaw “Litigator” and Lexis “Briefs, Pleading and Motions” (BPM) databases. The briefs at issue are “Plaintiffs’ Combined Motion for Summary Judgment, Beer and Ramsey, and Brief in Support” (“Summary Judgment Motion”), filed May 20, 2009, and “Plaintiffs’ Motion in Limine” (“Motion in Limine”), filed March 15, 2010, both of which White filed while serving as class counsel in Beer v. XTO Energy, Inc., No. Civ-07-798-L, in the Western District of Oklahoma. Defendant West Publ’g Copr.’s Statement of Uncontested Material Facts Pursuant to Local Rule 56.1 (“West 56.1”) ¶¶ 16–19.

On April 13, 2010, mid-way through the litigation, the Beer Court removed White as class counsel in Beer and decertified the class. Id. ¶ 22. Two individuals filed a motion to intervene as new named plaintiffs in Beer with new class counsel. Id. ¶¶ 23–24. Because White was concerned that the newly proposed class counsel or other lawyers would use his work product, White registered copyrights on the Beer Summary Judgment Motion and Motion in Limine briefs on May 20, 2010, and May 21, 2010, respectively. Id. ¶ 25.

Prior to registering copyrights on the Summary Judgment Motion and Motion in Limine briefs, White filed the motions with the court using the electronic CM/ECF (PACER) service, from which West and