Judge Gives Preliminary Approval to Google Deal, Sets Feb. 18 for Final Hearing

By Jim Milliot -- Publishers Weekly, 11/19/2009 2:03:00 PM

Judge Denny Chin has given his preliminary approval to the Google Book Search settlement agreement and established a timeline to move the agreement toward a final resolution. A final settlement/fairness hearing has been set for February 18 at which Judge Chin will hear arguments to determine whether the agreement is “fair, reasonable, adequate;” consider whether to certify the class for purposes of the settlement; and to make a determination whether to approve the agreement.

Prior to the hearing, the judge has ordered that supplemental notices about the amended agreement be sent beginning December 14, and he set a January 28 deadline for objections to be filed with the court. In his order, Judge Chin reiterated that only objections to the amended agreement will be considered, noting that previously submitted comments will be considered and do not need to be re-filed. Preliminary approval of the deal had been widely expected, but does mark a step toward a conclusion.

As part of the amended settlement, companies from outside of the U.S. were to be added as plaintiffs. The order notes that new plaintiffs include Harlequin, Melbourne University Publishing Ltd., and The Text Publishing Company.