American Booksellers Foundation for Free Expression et al v. Sullivan
Filing
86
MOTION to Amend/Correct 85 Judgment, Pursuant to Rule 59 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. (Attachments: # 1 Proposed Order [Proposed] Amended Judgment)(Bamberger, Michael)
Michael A. Bamberger (pro hac vice)
SNR Denton US LLP
1221 Avenue of the Americas
New York, New York 10020
Phone: 212-768-6756
michael.bamberger@snrdenton.com
D. John McKay
Law Offices of D. John McKay
117 E. Cook Ave.
Anchorage AK 99501
Phone: 907-274-3154
mckay@alaska.net
Alaska Bar No. 7811117
Thomas Stenson
ACLU of Alaska Foundation
1057 W. Fireweed Lane - Suite 207
Anchorage, AK 99503
Phone: 907-258-0044
tstenson@akclu.org
Alaska Bar No. 0808054
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
AMERICAN BOOKSELLERS FOUNDATION FOR FREE
EXPRESSION, et al.
Plaintiffs,
v.
Civil No. 3:10-cv-00193-RRB
JOHN BURNS, in his official capacity as ATTORNEY
GENERAL OF THE STATE OF ALASKA,
MOTION TO AMEND JUDGMENT
PURSUANT TO RULE 59
Defendant.
Plaintiffs respectfully move this Court, pursuant to FED. R. CIV. P. 59, to amend
the Judgment entered herein.
On June 30, 2011, this Court entered an Order declaring that AS 11.61.128, both
as amended by Sections 9-12 in Senate Bill No. 222, 26th Leg., 2d Sess., and as prior to
amendment, was unconstitutional. (Docket 84) The Court granted plaintiffs’ motion for
summary judgment, in which plaintiffs had sought a declaration of unconstitutionality
Motion to Amend Judgment Pursuant to Rule 59
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
17730756\V-3
1
and a permanent injunction (Docket 84, p. 4), and denied defendant’s cross-motion for
summary judgment.
On July 11, 2011, the Court entered Judgment in favor of plaintiffs, granting
plaintiffs summary judgment. (Docket 85) While the Judgment recited that summary
judgment had been granted in favor of plaintiffs, the Judgment (a) did not specifically
recite that AS 11.61.128 had been held unconstitutional, and (b) did not specifically set
forth that the defendant and his agents were permanently enjoined and prohibited from
enforcing AS 11.61.128, both as amended by Sections 9-12 in Senate Bill No. 222, 26th
Leg., 2d Sess., and as prior to amendment.
Pursuant to FED. R. CIV. P. 58, a final judgment must be a “self-contained
document, saying who has won and what relief has been awarded.” In re Taumoepeau,
523 F.3d 1213, 1217 n. 4 (10th Cir. 2008) (citing MOORE’S FEDERAL PRACTICE §
58.05(4)(a) (3d ed., 2008)); see also Otis v. City of Chicago, 29 F.3d 1159, 1163 (7th
Cir. 1994). Such a statement of relief with respect to an injunction is also necessary to
comply with Rule 65(d), which requires that an injunction “state its terms specifically”
and “describe in reasonable detail . . . the act or acts restrained.” FED. R. CIV. P. 65(d).
Therefore, plaintiffs respectfully request this Court enter an Amended Judgment,
in the form attached hereto, specifically reciting that the act has been held
unconstitutional, and permanently enjoining defendant attorney general and his agents
from enforcing AS 11.61.128, both as amended by Sections 9-12 in Senate Bill No. 222,
26th Leg., 2d Sess., and as prior to amendment.
Motion to Amend Judgment Pursuant to Rule 59
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
17730756\V-3
2
Plaintiffs have requested the consent of defendant to the amendment. By email
dated July 21, 2011, counsel to defendant responded that “We think that Judge Beistline
was clear in his judgment. If you feel otherwise, then of course, you can file your
proposed judgment.”
Dated: July 25, 2011
s/ Michael A. Bamberger
Michael A. Bamberger (pro hac vice)
SNR Denton US LLP
1221 Avenue of the Americas
New York, New York 10020
Phone: 212-768-6756
michael.bamberger@snrdenton.com
D. John McKay
Law Offices of D. John McKay
117 E. Cook Ave.
Anchorage AK 99501
Phone: (907) 274-3154
mckay@alaska.net
Alaska Bar No. 7811117
The undersigned certifies that a true
and correct copy of the foregoing
Plaintiffs’ Motion to Amend Judgment
Pursuant to Rule 59 was served via
electronic filing this 25th day of July,
2011, upon counsel for Defendants.
s/ Michael A. Bamberger
Michael A. Bamberger
Thomas Stenson
ACLU of Alaska Foundation
1057 W. Fireweed Lane - Suite 207
Anchorage, AK 99503
Phone: 907-258-0044
tstenson@akclu.org
Alaska Bar No. 0808054
Attorneys for Plaintiffs
Motion to Amend Judgment Pursuant to Rule 59
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
17730756\V-3
3
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