The Google Book case appears to be still headed to litigation. At a status conference on 15 September 2011, Judge Denny Chin, U.S. Court of Appeals for the Second Circuit, adopted a proposed pre-trial schedule that, if followed, would have the case ready for trial by 31 July 2012.
Attorneys said that settlement talks were progressing. According to an AAP statement issued after the status conference (available here: http://www.publishers.org/press/45/), “the five publisher plaintiffs and Google have made good progress toward a settlement that would resolve the pending litigation regarding the Google Library Project. We are working to resolve the differences that remain between the parties and reach terms that are mutually agreeable.”
Authors Guild attorney Michael Boni expressed less optimism about the prospects for settlement. Apparently, publishers had made more progress, raising the likelihood that the authors and publishers cases could be split, as reported by New York Law School Professor James Grimmelmann’s students, http://laboratorium.net/archive/2011/09/15/status_conference_summary_in….
For now, however, according to Professor Grimmelmann’s blog, Chin adopted the proposed trial schedule. Discovery would aim to be completed by 30 March 2012, motions for summary judgment would be due by 31 May 2012, opposition briefs due by 9 July 2012, and replies by 31 July 2012.
There was no mention of the copyright suit filed on 12 September 2011 by the Authors Guild, the Australian Society of Authors, the Union Des Écrivaines et des Écrivains Québécois, and eight individual authors against HathiTrust and five U.S. universities (see here for full text of the complaint).
Another parallel case, a suit filed by ASMP, Graphic Artists Guild and other photographers and visual artists (full text of the complaint) did come up. Photographers and visual artists told the court that they were contemplating prosecuting the case differently after the latest extension runs out in October (see here for more information)