Video Software Dealers Association et al v. Schwarzenegger et al

Filing 102

ORDER by Judge Whyte granting 99 100 101 Leave to File Notice of Supplemental Authority (rmwlc2, COURT STAFF) (Filed on 3/30/2007)

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Video Software Dealers Association et al v. Schwarzenegger et al Doc. 102 Case 5:05-cv-04188-RMW Document 102 Filed 03/30/2007 Page 1 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDER GRANTING LEAVE TO FILE NOTICE OF SUPPLEMENTAL AUTHORITY--No. C-05-04188 RMW MAG E-FILED on 3/30/07 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION VIDEO SOFTWARE DEALERS ASSOCIATION, and ENTERTAINMENT SOFTWARE ASSOCIATION, Plaintiffs, v. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of the State of California; BILL LOCKYER, in his official capacity as Attorney General of the State of California; GEORGE KENNEDY, in his official capacity as Santa Clara County District Attorney; RICHARD DOYLE, in his official capacity as City Attorney for the City of San Jose; and ANN MILLER RAVEL, in her official capacity as County Counsel for the County of Santa Clara, Defendants. No. C-05-04188 RMW ORDER GRANTING LEAVE TO FILE NOTICE OF SUPPLEMENTAL AUTHORITY [Re Docket Nos. 99-101] Dockets.Justia.com Case 5:05-cv-04188-RMW Document 102 Filed 03/30/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On August 2, 2006, plaintiffs filed a motion for leave to submit as supplemental authority an order issued by the United States District Court for the District of Minnesota on July 31, 2006, permanently enjoining enforcement of a Minnesota statute imposing monetary fines on minors who purchase video games rated "M" or "AO" under the voluntary video game rating system. Entertainment Software Ass'n & Entertainment Merchants Ass'n v. Hatch, No. 06-CV-2268 (D. Minn. July 31, 2006). On September 6, 2006, plaintiffs moved for leave to submit an order issued by the United States District Court for the Middle District of Louisiana on August 24, 2006, preliminarily enjoining enforcement of a Louisiana statute imposing criminal fines and potential imprisonment on those who sell or rent certain "violent video games" to minors. Entertainment Software Ass'n, et al.v. Foti, No. 06-cv-00431 (M.D. La. August 24, 2006). On August 2, 2006, plaintiffs filed a motion for leave to submit an opinion issued by the United States Court of Appeals for the Seventh Circuit on November 27, 2006, affirming the district court's order permanently enjoining enforcement of an Illinois statute criminalizing the sale or rental of certain sexually explicit or "violent" video games to minors. Entertainment Software Ass'n, et al. v. Blagojevich, ___ F. 3d ___ (7th Cir., Nov. 27, 2006). Defendants did not oppose these motions. The court finds the orders and opinions plaintiffs seek to submit to be relevant to the issues raised for the court's consideration in the currently-pending motions for summary judgment and grants plaintiffs' motion for leave to submit them as supplemental authority. DATED: 3/30/07 RONALD M. WHYTE United States District Judge ORDER GRANTING LEAVE TO FILE NOTICE OF SUPPLEMENTAL AUTHORITY--No. C-05-04188 RMW MAG 2 Case 5:05-cv-04188-RMW Document 102 Filed 03/30/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Notice of this document has been electronically sent to: Counsel for Plaintiffs: Matthew Samuel Hellman Theodore J. Boutrous, Jr. Ethan D. Dettmer H. Mark Lyon Jeffrey A Minnery Counsel for Defendants: Zackery P. Morazzini Robert R. Fabela David Michael Rollo Kathryn J. Zoglin Counsel for Amicus Curiae: Francine T. Radford Keith E. Johnson fradford@gmssr.com kjohnson@gmssr.com zackery.morazzini@doj.ca.gov CAO.Main@sanjoseca.gov david.rollo@cco.sccgov.org katie.zoglin@cco.sccgov.org mhellman@jenner.com tboutrous@gibsondunn.com edettmer@gibsondunn.com mlyon@gibsondunn.com jminnery@gibsondunn.com Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program. Dated: 3/30/07 /s/ MAG Chambers of Judge Whyte ORDER GRANTING LEAVE TO FILE NOTICE OF SUPPLEMENTAL AUTHORITY--No. C-05-04188 RMW MAG 3

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