In a letter to the court on October 23, lawyers for Audible say they have made a proposal they believe could end the litigation over its Captions program, and have asked the court to suspend consideration of two pending motions until the end of the month.
"Audible has made a proposal to plaintiffs concerning a potential final resolution of the lawsuit," the letter states. "Audible believes this proposal moots the lawsuit. Plaintiffs are considering that proposal but have not yet responded. Accordingly we respectfully request that the court suspend consideration of the pending motions for a week in order to preserve the status quo pending the parties' discussions. We will advise the court of the progress of the of those discussions on or before October 30, 2019."
The letter comes after Judge Valerie Caproni rejected Audible's request earlier this month for a 30-day stay and settlement talks overseen by a federal magistrate judge, after the publisher plaintiffs dismissed the proposal.
Meanwhile, noticeably absent from Audible's October 23 letter to the court is the word "settlement." Rather, Audible attorneys say they believe their proposal "moots" the publishers' lawsuit, suggesting a variety of possibilities.
At press time, Judge Caproni had not endorsed Audible's proposal for a one-week hold, nor have the publishers filed a response with the court. A spokesperson for the AAP declined further comment, but told PW that they are reviewing Audible's proposal, and do not believe it "moots" the lawsuit.
