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

Filing 68

Filed order (FERDINAND F. FERNANDEZ, M. MARGARET MCKEOWN and RICHARD A. PAEZ) Appellees’ Motion to Certify Question to Oregon Supreme Court is DENIED as moot. [7521531] [09-35153, 09-35154] (WL)

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P o w e l l ' s Books, Inc., et al v. John Kroeger, et al D o c . 68 F IL E D UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT OCT 25 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. JO H N KROGER, Attorney General of the S tate of Oregon; MATT SHIRTCLIFF, B ak er County District Attorney, in his o fficial capacity; JOHN HAROLDSON, B en to n County District Attorney, in his N o . 09-35153 D .C . No. 3:08-cv-00501-MO D istrict of Oregon, Portland ORDER Dockets.Justia.com official capacity; JOHN FOOTE, C lack am as County District Attorney, in his o fficial capacity; JOSHUA MARQUIS, C latso p County District Attorney, in his o fficial capacity; STEVE ATCHISON, C o lu m b ia County District Attorney, in his o fficial capacity; PAUL FRASIER, Coos C o u n ty District Attorney, in his official cap acity; GARY WILLIAMS, Crook C o u n ty District Attorney, in his official cap acity; EVERETT DIAL, Curry County D istrict Attorney, 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 County 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 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, 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 C O L U M B IA /W IL L A M E T T E , INC.; N o . 09-35154 D .C . No. 3:08-cv-00501-MO D istrict of Oregon, CASCADE 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. J O H N R. KROGER, in his official cap acity as Attorney General of the State o f Oregon; MATT SHIRTCLIFF, Baker C o u n ty District Attorney, in his official cap acity; JOHN HAROLDSON, Benton C o u n ty District Attorney, in his official c ap a c ity ; JOHN FOOTE, Clackamas C o u n ty District Attorney, in his official cap acity; JOSHUA MARQUIS, Clatsop C o u n ty District Attorney, in his official cap acity; STEVE ATCHISON, Columbia C o u n ty District Attorney, in his official cap acity; PAUL FRASIER, Coos County D istrict Attorney, in his official capacity; P o r tla n d GARY WILLIAMS, Crook County D istrict 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, Multnomah 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, Defendants - Appellees. B efo re: FERNANDEZ, McKEOWN and PAEZ, Circuit Judges. A p p ellees' Motion to Certify Question to Oregon Supreme Court is D E N IE D as moot.

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