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: [phone]
[e-mail]

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]
[e-mail]
Alaska Bar No. 0808054
Attorneys for Plaintiffs
UNITED STATES DISTRICT COURT
DISTRICT OF ALASKA
AMERICAN BOOKSELLERS FOUNDATION FOR FREE
EXPRESSION, et al.

v.

Plaintiffs, [PROPOSED] AMENDED
JUDGMENT

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

Civil No. 3:10-cv-00193-RRB

Defendant.

This Court having issued its June 30, 2011 Order (Docket 84), and having entered
Judgment thereon (Docket 85),
NOW, THEREFORE, IT IS HEREBY ADJUDGED, ORDERED AND DECREED as
follows:

[Proposed] Amended Judgment
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB

1

(1)

AS 11.61.128, both as amended by Sections 9-12 in Senate Bill No. 222, 26th

Leg., 2d Sess., and as prior to the amendment, is unconstitutional under the First, Fifth and
Fourteenth Amendments to the United States Constitution; and
(2)

Defendant Attorney General of the State of Alaska and his agents are permanently

enjoined 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 the amendment.

DATED this ___ day of July, 2011
____________________________
Ralph R. Beistline
U.S. District Judge
Submitted by: Michael A. Bamberger
D. John McKay
Thomas Stenson
Attorneys for Plaintiffs

The undersigned certifies that a true and correct copy of
the foregoing Proposed Amended Judgment was served
via electronic filing this 25th day of July, 2011, upon
counsel for Defendant.
s/ Michael A. Bamberger
Michael A. Bamberger

[Proposed] Amended Judgment
American Booksellers et al. v. John Burns,
Case 3:10-cv-00193-RRB
17729207\V-4

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