Powell's Books, Inc., et al v. John Kroeger, et al

Filing 51

Filed clerk order (Deputy Clerk:WL): The motion to grant Plaintiffs-Appellants’ separate counsel each 15 minutes of oral argument is denied. Plaintiffs-Appellants’ separate counsel will share a total of 20 minutes of oral argument time, and Defendants-Appellees’ separate counsel will share a total of 20 minutes of oral argument time. [7350367] [09-35153, 09-35154] (WL)

P o w e l l ' s Books, Inc., et al v. John Kroeger, et al

D o c . 51

F IL E D
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
MAY 26 2010
MOLLY C. DWYER, CLERK
U . S . C O U R T OF APPE A L S

P O W E L L 'S BOOKS, INC.; OLD M U L T N O M A H BOOK STORE, LTD., D B A Annie Bloom's Books; DARK H O R S E COMICS, INC.; COLETTE'S: G O O D FOOD HUNGRY MINDS, LLC; B L U E JA Y , INC., DBA Paulina Springs B o o k s; ST. JOHN'S BOOKSELLERS, L L C ; AMERICAN BOOKSELLERS F O U N D A T IO N FOR FREE E X P R E S S IO N ; ASSOCIATION OF A M E R IC A N PUBLISHERS, INC.; F R E E D O M TO READ FOUNDATION, IN C .; COMIC BOOK LEGAL DEFENSE FU ND , Plaintiffs - Appellants, and A M E R IC A N CIVIL LIBERTIES UNION O F OREGON; CANDACE MORGAN; P L A N N E D PARENTHOOD OF THE C O L U M B IA /W IL L A M E T T E , INC.; C A S C A D E AIDS PROJECT, Plaintiffs, v. M A T T SHIRTCLIFF, Baker County D istrict Attorney, in his official capacity; JO H N HAROLDSON, Benton County D istrict Attorney, in his official capacity; J O H N FOOTE, Clackamas County District

N o . 09-35153 D .C . No. 3:08-cv-00501-MO D istrict of Oregon, Portland

ORDER

Dockets.Justia.com

Attorney, in his official capacity; JOSHUA M A R Q U I S , Clatsop County District A tto rn ey, in his official capacity; STEVE A T C H I S O N , Columbia County District A tto rn ey, in his official capacity; PAUL F R A S IE R , Coos County District Attorney, in his official capacity; GARY W I L L I A M S , Crook County District A tto rn ey, in his official capacity; E V E R E T T DIAL, Curry County District A tto rn ey, in his official capacity; M IC H A E L DUGAN, Deschutes County D istrict Attorney, in his official capacity; J A C K BANTA, Douglas County District A tto rn ey, in his official capacity; M A R I O N WEATHERFORD, Gilliam C o u n ty District Attorney, in his official cap acity; RYAN JOSLIN, Grant County D istrict Attorney, in his official capacity; T I M COLAHAN, Harney County District A tto rn ey, in his official capacity; JOHN S E W E L L , Hood River County District A tto rn ey, in his official capacity; MARK H U D D L E S T O N , Jackson County District A tto rn ey, in his official capacity; PETER L . DEUEL, Jefferson County District A tto rn ey, in his official capacity; S T E P H E N D. CAMPBELL, Josephine C o u n ty District Attorney, in his official cap acity; EDWIN I. CALEB, Klamath C o u n ty District Attorney, in his official cap acity; DAVID A. SCHUTT, Lake C o u n ty District Attorney, in his official cap acity; DOUGLASS HARCLEROAD, L an e County District Attorney, in his o fficial capacity; BERNICE BARNETT, L in c o ln County District Attorney, in her o fficial capacity; JASON CARLILE, Linn C o u n ty District Attorney, in his official

capacity; DAN NORRIS, Malheur County D istrict Attorney, in his official capacity; W A L T E R M. BEGLAU, Marion County D istrict Attorney, in his official capacity; E L IZ A B E T H BALLARD, Morrow C o u n ty District Attorney, in her official cap acity; MICHAEL D. SCHRUNK, M u ltn o m ah County District Attorney, in h is official capacity; JOHN FISHER, Polk C o u n ty District Attorney, in his official c ap a c ity ; WADE M. MCLEOD, Sherman C o u n ty District Attorney, in his official cap acity; WILLIAM BRYAN PORTER, T illam o o k County District Attorney, in his o fficial capacity; DEAN GUSHWA, U m atilla County District Attorney, in his o fficial capacity; TIM THOMPSON, U n io n County District Attorney, in his o fficial capacity; DANIEL OUSLEY, W allo w a County District Attorney, in his o f f ic ia l capacity; ERIC J. NISLEY, Wasco C o u n ty District Attorney, in his official cap acity; ROBERT HERMANN, W ash in g to n County District Attorney, in h is official capacity; THOMAS W. C U T S F O R T H , Wheeler County District A tto rn ey, in his official capacity; BRAD B E R R Y , Yamhill County District A tto rn ey, in his official capacity; JOHN K R O E G E R , Attorney General of the State o f Oregon, Defendants - Appellees.

A M E R IC A N CIVIL LIBERTIES UNION O F OREGON; CANDACE MORGAN; P L A N N E D PARENTHOOD OF THE

N o . 09-35154 D .C . No. 3:08-cv-00501-MO

COLUMBIA/WILLAMETTE, INC.; C A S C A D E AIDS PROJECT, Plaintiffs - Appellants, and P O W E L L 'S BOOKS, INC.; OLD M U L T N O M A H BOOK STORE, LTD., D B A Annie Bloom's Books; DARK H O R S E COMICS, INC.; COLETTE'S: G O O D FOOD HUNGRY MINDS, LLC; B L U E JA Y , INC., DBA Paulina Springs B o o k s; ST. JOHN'S BOOKSELLERS, L L C ; AMERICAN BOOKSELLERS F O U N D A T IO N FOR FREE E X P R E S S IO N ; ASSOCIATION OF A M E R IC A N PUBLISHERS, INC.; F R E E D O M TO READ FOUNDATION, IN C .; COMIC BOOK LEGAL DEFENSE FU ND , Plaintiffs, v. M A T T SHIRTCLIFF, Baker County D istrict Attorney, in his official capacity; JO H N HAROLDSON, Benton County D istrict Attorney, in his official capacity; J O H N FOOTE, Clackamas County District A tto rn ey, in his official capacity; JOSHUA M A R Q U I S , Clatsop County District A tto rn ey, in his official capacity; STEVE A T C H I S O N , Columbia County District A tto rn ey, in his official capacity; PAUL F R A S IE R , Coos County District Attorney, in his official capacity; GARY W I L L I A M S , Crook County District

D istrict of Oregon, Portland

Attorney, in his official capacity; E V E R E T T DIAL, Curry County District A tto rn ey, in his official capacity; M IC H A E L DUGAN, Deschutes County D istrict Attorney, in his official capacity; J A C K BANTA, Douglas County District A tto rn ey, in his official capacity; M A R I O N WEATHERFORD, Gilliam C o u n ty District Attorney, in his official cap acity; RYAN JOSLIN, Grant County D istrict Attorney, in his official capacity; T I M COLAHAN, Harney County District A tto rn ey, in his official capacity; JOHN S E W E L L , Hood River County District A tto rn ey, in his official capacity; MARK H U D D L E S T O N , Jackson County District A tto rn ey, in his official capacity; PETER L . DEUEL, Jefferson County District A tto rn ey, in his official capacity; S T E P H E N D. CAMPBELL, Josephine C o u n ty District Attorney, in his official cap acity; EDWIN I. CALEB, Klamath C o u n ty District Attorney, in his official cap acity; DAVID A. SCHUTT, Lake C o u n ty District Attorney, in his official cap acity; DOUGLASS HARCLEROAD, L an e County District Attorney, in his o fficial capacity; BERNICE BARNETT, L in c o ln County District Attorney, in her o fficial capacity; JASON CARLILE, Linn C o u n ty District Attorney, in his official cap acity; DAN NORRIS, Malheur County D istrict Attorney, in his official capacity; W A L T E R M. BEGLAU, Marion County D istrict Attorney, in his official capacity; E L IZ A B E T H BALLARD, Morrow C o u n ty District Attorney, in her official cap acity; MICHAEL D. SCHRUNK, M u ltn o m ah County District Attorney, in

his official capacity; JOHN FISHER, Polk C o u n ty District Attorney, in his official c ap a c ity ; WADE M. MCLEOD, Sherman C o u n ty District Attorney, in his official cap acity; WILLIAM BRYAN PORTER, T illam o o k County District Attorney, in his o fficial capacity; DEAN GUSHWA, U m atilla County District Attorney, in his o fficial capacity; TIM THOMPSON, U n io n County District Attorney, in his o fficial capacity; DANIEL OUSLEY, W allo w a County District Attorney, in his o f f ic ia l capacity; ERIC J. NISLEY, Wasco C o u n ty District Attorney, in his official cap acity; ROBERT HERMANN, W ash in g to n County District Attorney, in h is official capacity; THOMAS W. C U T S F O R T H , Wheeler County District A tto rn ey, in his official capacity; BRAD B E R R Y , Yamhill County District A tto rn ey, in his official capacity; JOHN R. K R O G E R , in his official capacity as A tto rn ey General of the State of Oregon, Defendants - Appellees.

T h e motion to grant Plaintiffs-Appellants' separate counsel each 15 minutes o f oral argument is denied. Plaintiffs-Appellants' separate counsel will share a to tal of 20 minutes of oral argument time, and Defendants-Appellees' separate c o u n s el will share a total of 20 minutes of oral argument time.

FOR THE COURT: M o lly Dwyer, Clerk of Court B y: Wendy Li D e p u ty Clerk