American Civil Liberties Union, et al v. John Kroger, et al

Filing 61

Filed (ECF) Appellants American Civil Liberties Union of Oregon, Cascade AIDS Project, Candace Morgan and Planned Parenthood of the Columbia/Willamette, Inc. in 09-35154 Motion for miscellaneous relief [Plaintiffs-Appellants' Motion for an Extension of Time to File Requests for Attorneys' Fees]. Date of service: 10/18/2010. [7512642] [09-35154, 09-35153] (Runkles-Pearson, Patricia) [Entered: 10/18/2010 03:17 PM]

American Civil Liberties Union, et al v. John Kroger, et al

Doc. 61

No. 09-35153, 09-35154 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT POWELL'S BOOKS, INC., et al., Plaintiffs-Appellants, v. JOHN KROGER, et al., Defendants-Appellees. AMERICAN CIVIL LIBERTIES UNION OF OREGON, et al., Plaintiffs-Appellants, v. JOHN KROGER, et al., Defendants-Appellees. On Appeal from the United States District Court for the District of Oregon Hon. Michael W. Mosman Case No. CV-08-501-MO

PLAINTIFFS-APPELLANTS' MOTION FOR AN EXTENSION OF TIME TO FILE REQUESTS FOR ATTORNEYS' FEES

(names and addresses of counsel appear on the next page)

Dockets.Justia.com

P.K. Runkles-Pearson, OSB No. 061911 [e-mail] STOEL RIVES LLP 900 SW Fifth Avenue, Suite 2600 Portland, OR 97204 Telephone: [phone] Facsimile: [phone] Cooperating Attorney ACLU Foundation of Oregon Attorney for Plaintiffs-Appellants ACLU of Oregon, et al. Michael A. Bamberger [e-mail] Richard M. Zuckerman [e-mail] SONNENSCHEIN NATH & ROSENTHAL LLP 1221 Avenue of the Americas 24th Floor New York, NY 10020 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiffs-Appellants Powell's Books, Inc., et al.

Michael Casper, OSB No. 062000 [e-mail] Oregon Department of Justice 1162 Court Street NE Salem, OR 97301-4096 Telephone: [phone] Facsimile: [phone] Attorney for Defendants-Appellees John Kroger, et al.

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Plaintiffs-Appellants Powell's Books, Inc., et al. in No. 09-35153 and Plaintiffs-Appellants ACLU of Oregon, et al. in No. 09-35154 respectfully request that this Court grant an extension of time in which to file for attorneys' fees. Circuit Rule 39-1.6(a) provides that a request for attorneys' fees must be filed within 14 days of the expiration of the period for filing a petition for rehearing, unless a petition is filed. On September 24, 2010, Defendants-Appellees requested an extension of time to file a petition for rehearing, which was due on October 4, 2010. Plaintiffs-Appellants did not oppose that motion, so long as the time to file for attorneys' fees would also be extended. See Affidavit of Michael Casper filed September 24, 2010. This Court has not yet ruled on Defendants-Appellees' motion. As matters currently stand, Plaintiffs-Appellants' attorney fee requests are due today (14 days after October 4, 2010). Plaintiffs-Appellants are filing this motion as a precaution in order to preserve their right to file attorney fee requests. If Defendants-Appellees' motion is granted, Plaintiffs-Appellants request that the Court tie the deadline for attorney fee requests to the new deadline for a petition for rehearing in the manner described in Circuit Rule 39-1.6(a). If Defendants-Appellees' motion is denied, Plaintiffs-Appellants request that the Court allow them 14 days from the date the motion is denied to file attorney fee requests.
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Dated October 18, 2010. STOEL RIVES LLP s/ P. K. Runkles-Pearson P. K. Runkles-Pearson, OSB No. 061911 Attorney for Plaintiffs-Appellants ACLU of Oregon, et al. in 09-35154 SONNENSCHEIN NATH & ROSENTHAL LLP s/ Michael A. Bamberger (with permission) Michael A. Bamberger Richard M. Zuckerman [e-mail] Attorney for Plaintiffs-Appellants Powell's Books, Inc., et al. in 09-35153

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CERTIFICATE OF FILING SERVICE United States Court of Appeals Docket Number: Nos. 09-35153, 09-35154 I hereby certify that I electronically filed the foregoing PLAINTIFFSAPPELLANTS' MOTION FOR AN EXTENSION OF TIME TO FILE REQUESTS FOR ATTORNEYS' FEES with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on October 18, 2010. I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system. Dated October 18, 2010. STOEL RIVES LLP s/ P. K. Runkles-Pearson P. K. Runkles-Pearson, OSB No. 061911 Attorney for Plaintiffs-Appellants ACLU of Oregon, et al. in 09-35154

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