American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 105

Joint MOTION to Grant Fees and Expenses Under 42 U.S.C. 1988 by Alaska Library Association, American Booksellers Foundation for Free Expression, American Civil Liberties Union of Alaska, Association of American Publishers, Inc., Book Blizzard LLC, Bosco's, Inc., Comic Book Legal Defense Fund, David & Melissa LLC, Donald R. Douglas, Entertainment Merchants Association, Freedom to Read Foundation.(Bamberger, Michael)

UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
AMERICAN BOOKSELLERS FOUNDATION FOR
FREE EXPRESSION, et al.
Plaintiffs,
V.

Civil No. 3:1O-cv-00193-RRB

JOHN BURNS, in his official capacity as ATTORNEY
GENERAL OF THE STATE OF ALASKA,
Defendant.

JOINT MOTION TO GRANT FEES AND EXPENSES UNDER 42 U.S.C.

1988

WHEREAS, plaintiffs are the prevailing parties in this action; and
WHEREAS, plaintiffs filed an application for attorneys’ fees and expenses under 42 U.S.C.

§ 1988 onJuly25, 2011 (Doe. #87); and
WHEREAS, defendant responded thereto on September 16, 2011 (Doc. #100); and
WHEREAS, the parties hereto have entered into a stipulation to settle the fees and expenses
to be paid by defendant to plaintiffs, a copy of which is attached hereto as Exhibit A.
THEREFORE, the parties jointly respectfully request this Court grant plaintiffs an aggregate
amount of$135,000 for attorneys fees and expenses under 42 U.S.C.
Dated: October 20, 2011

§ 1988.

Respectfully submitted,

Counsellor Plaintiffs:
s/Michael A. Bamberger
Michael A. Bamberger (pro hac vice)
SNR Denton US LLP
1221 Avenue of the Americas
New York, New York 10020
Telephone: [phone]
Facsimile: [phone]
michael.bamberger@snrdenton. corn

17736750 V-I

D. John McKay
Law Offices of D. John McKay
117 E. Cook Ave.
Anchorage AK 99501
Phone: [phone]
[e-mail]
Alaska Bar No. 7811117
Thomas Stenson
ACLU of Alaska Foundation
1057 W. Fireweed Lane Suite 207
Anchorage, AK 99503
Phone: [phone]
tstensonakc1u,org
Alaska Bar No. 0808054
-

Counselfor Defendant:
s/Marika R. Athens
Marika R. Athens
Assistant Attorney General
Department of Law
Office of Special Prosecutions and Appeals
310 K St., Suite 308
Anchorage, Alaska 99501
Telephone: [phone]
Facsimile: 907-269-7930
Email: [e-mail]

The undersigned certifies that a true and correct copy of the foregoing Joint Motion to Grant Fees
and Expenses Under 42 U.S.C. § 1988 was served via electronic filing this 20t day of October,
2011, upon counsel for Defendants.
s/ Michael A. Bamberger
Michael A. Bamberger

2

7736750 Vi

EXHIBIT A
UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
AMERICAN BOOKSELLERS FOUNDATION FOR
FREE EXPRESSION, et al.
Plaintiffs,

Civil No. 3:1O-cv-00193-RRB

V.

JOHN BURNS, in his official capacity as ATTORNEY
GENERAL OF THE STATE OF ALASKA,
Defendant.

STIPULATION
WHEREAS, plaintiffs are the prevailing parties in this action; and
WHEREAS, plaintiffs filed an application for attorneys’ fees and expenses under 42 U.S.C.

§

1988 on July 25, 2011 (Doc. #87); and
WHEREAS, defendant responded thereto on September 16, 2011 (Doc. #100); and
THEREFORE, the parties hereto stipulate and agree that plaintiffs, as prevailing parties,

shall receive an aggregate amount of$135,000 for attorneys’ fees and expenses under 42 U.S.C.

§

1988 with respect to this action.

Dated: October 17, 2011

Respectfully submitted,

Counsel for Plaintffs:
s/ Michael A. Bamberger
Michael A, Bamberger (‘pro hac vice)
SNR Denton US LLP
1221 Avenue of the Americas
New York, New York 10020
Telephone: [phone]
Facsimile: [phone]
michael .bambergersnrdenton. corn

‘739 V’S V-

D. John McKay
Law Offices of D. John McKay
117 E. Cook Ave.
Anchorage AK 99501
Phone: [phone]
[e-mail]
AlaskaBarNo. 7811117
Thomas Stenson
ACLU of Alaska Foundation
1057 W. Fireweed Lane Suite 207
Anchorage, AK 99503
Phone: [phone]
[e-mail]
Alaska Bar No. 0808054
-

Counselfor Defendant:
s/Marika R. Athens
Marika R. Athens
Assistant Attorney General
Department of Law
Office of Special Prosecutions and Appeals
310 K St., Suite 308
Anchorage, Alaska 99501
Telephone: [phone]
Facsimile: 907-269-7930
Email: [e-mail]

The undersigned certifies that a true and correct copy of the foregoing Stipulation was served via
day of October, 2011, upon counsel for Defendants.
electronic filing this
s/ Michael A. Bamberger
Michael A. Bamberger

2

17739175 V-I

____

UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
AMERICAN BOOKSELLERS FOUNDATION FOR
FREE EXPRESSION, et al.
Plaintiffs,
V.

Civil No. 3:1O-cv-00193-RRB

JOHN BURNS, in his official capacity as ATTORNEY
GENERAL OF THE STATE OF ALASKA,
Defendant.

IPROPOSEDI ORDER AND JUDGMENT
GRANTING ATTORNEYS’ FEES AND EXPENSES

This matter is before the Court on a joint motion to grant fees and expenses under 42
U.S.C.

§ 1988. The Court grants the Motion and awards plaintiffs the stipulated amount of

$135,000.

IT IS SO ADJUDGED, ORDERED AND DECREED.
DATED at Anchorage, Alaska this

day of

,

2011.

Hon. Ralph R. Beistline
United States District Court Judge

17736737 V-I