American Booksellers Foundation for Free Expression et al v. Sullivan

Filing 40

DECLARATION of COUNSEL (D. JOHN MCKAY) re 39 MOTION re 38 Order,, Set Motion and R&R Deadlines/Hearings,, Terminate Motions, 5 MOTION for Preliminary Injunction (UNOPPOSED) MOTION re 38 Order,, Set Motion and R&R Deadlines/Hearings,, Terminate Motions, 5 MOTION for Preliminary Injunction (UNOPPOSED) MOTION re 38 Order,, Set Motion and R&R Deadlines/Hearings,, Terminate Motions, 5 MOTION for Preliminary Injunction (UNOPPOSED) 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. (McKay, D.)

D. John McKay, Esq.
Law Offices of D. John McKay
117 E. Cook Ave.
Anchorage, AK 99501
Telephone: [phone]
Facsimile: 907-272-5646
Email: [e-mail]
Alaska Bar No. 7811117
Attorney for Plaintiffs
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA
.
AMERICAN BOOKSELLERS FOUNDATION FOR FREE
EXPRESSION, et. al.
Plaintiffs,
v.
CIVIL ACTION NO.
DANIEL S. SULLIVAN, in his official capacity as
ATTORNEY GENERAL OF THE STATE OF ALASKA

3:10-cv-00193-RRB

Defendants.

DECLARATION OF COUNSEL
D. John McKay, declares as follows:
1.

I am co-counsel of record for the Plaintiffs.

2.

I am making this declaration in support of the unopposed request to change the

date set for the hearing of the plaintiffs’ motion for preliminary injunction from November 4 to
November 3, 2010.
3.

The court issued an order yesterday setting on oral argument in this matter for one

hour at 10 a.m. on Thursday, November 4, 2010. Undersigned counsel has a longstanding and
immovable commitment, involving multiple parties, at the time set by the court for the
November 4 hearing.

17688308\V-1

4.

Counsel has determined in consultation with the court’s staff that as of this

morning, the court’s calendar could accommodate changing this matter from November 4 to
November 3. Undersigned counsel has consulted with all counsel involved in the case, including
opposing counsel and co-counsel, and has determined that counsel for both sides already have
other hearings scheduled for the afternoons of November 3 and November 4, but that all counsel
are available to argue the motion on the morning of November 3, 2010.
5.

Specifically, on September 28, 2010, I spoke with opposing counsel, Marika R.

Athens, and she non-opposed this request to move the hearing from November 4 to November 3.
6.

This request is not being filed for the purpose of undue delay or harassment.

Dated this 28th day of September, 2010.

By: s/ D. John McKay
Law Offices of D. John McKay
117 E. Cook Ave.
Anchorage, AK 99501
Telephone: [phone]
Facsimile: 907-272-5646
Email: [e-mail]
Alaska Bar No. 7811117
Attorney for Plaintiffs

Certificate of Service
I certify that on this 28th day of September, 2010,
I served a copy of the foregoing Declaration and
the accompanying Non-opposed Motion to Change
Date of Oral Argument and (Proposed) Order
Rescheduling Oral Argument on counsel of record,
including Assistant Attorney General Marika
Athens, electronically, via the ECF system.
s/ D. John McKay

American Booksellers Foundation v. Sullivan
Case No 3:10-cv-193-RRB

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