BIG HAT BOOKS et al v. PROSECUTORS:

Filing 21

MOTION for Summary Judgment, filed by Plaintiffs FREEDOM TO READ FOUNDATION, NATIONAL ASSOCIATION OF RECORDING MERCHANDISERS, GREAT LAKES BOOKSELLERS ASSOCIATION, INDIANAPOLIS MUSEUM OF ART, INDIANAPOLIS DOWNTOWN ARTISTS AND DEALERS ASSOCIATION, BIG HAT BOOKS, BOXCAR BOOKS AND COMMUNITY CENTER, INC., AMERICAN CIVIL LIBERTIES UNION OF INDIANA FOUNDATION, AMERICAN BOOKSELLERS FOUNDATION FOR FREE EXPRESSION, ASSOCIATION OF AMERICAN PUBLISHERS, ENTERTAINMENT MERCHANTS ASSOCIATION. (Falk, Kenneth)

BIG HAT BOOKS et al v. PROSECUTORS:

Doc. 21

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION BIG HAT BOOKS, et al., Plaintiffs, v. PROSECUTORS, et al., Defendants. ) ) ) ) ) ) ) ) )

No. 1:08-CV-596 SEB-TAB

Plaintiffs' Motion for Summary Judgment Come now plaintiffs, by their counsel, and move this Court for summary judgment in this cause. In support of this motion they say that: 1. 2. 3. There are no contested issues of material fact in this cause. They are entitled to judgment as a matter of law. In support of this motion they rely on the following evidentiary material, attached

to plaintiffs' separately submitted Plaintiffs' Affidavits and Declarations in Support of Motion for Summary Judgment or, alternatively, Motion for Preliminary Injunction. Attachment 1 - Affidavit of Elizabeth Barden Attachment 2 - Affidavit of Abbey Friedman Attachment 3 - Declaration of Christopher Finan Attachment 4 - Declaration of Allan R. Adler Attachment 5 - Declaration of Sean Devlin Bersell Attachment 6 - Declaration of Judith Krug Attachment 7 - Declaration of James Dana Attachment 8 - Declaration of John Lyons

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Attachment 9 ­ Affidavit of Maxwell L. Anderson Attachment 10- Affidavit of Jason C. Zickler Attachment 11- Affidavit of William O. Harrington 4. In further support of this motion the plaintiffs separately submit and rely upon

their Memorandum in Support of Motion for Summary Judgment or Alternatively in Support of Motion for Preliminary Injunction. 5. Accordingly, this Court should enter a permanent injunction enjoining the

enforcement of House Enrolled Act No. 1042. WHEREFORE, plaintiffs request that this Court grant them summary judgment and for all other proper relief. /s/ Kenneth J. Falk Kenneth J. Falk No. 6777-49 ACLU of Indiana 1031 E. Washington St. Indianapolis, IN 46202 317/635-4059 ext. 229 fax: [phone] [e-mail] Attorney for Big Hat Books, Boxcar Books and Community Center, Inc.; American Civil Liberties Union of Indiana Foundation /s/ Jon B. Laramore Jon B. Laramore No. 17166-49 /s/ Matthew T. Albaugh No. 23293-49 Baker & Daniels LLP 300 N. Meridian St., Suite 2700 Indianapolis, IN 46204 317/237-0300

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fax: [phone] [e-mail] [e-mail] Attorneys for Indianapolis Museum of Art, Indianapolis Downtown Artists and Dealers Association /s/ Michael A. Bamberger Michael A. Bamberger Admitted Pro Hac Vice Sonnenschein Nath & Rosenthal LLP 1221 Avenue of the Americas New York, NY 10020 212/768-6756 fax: [phone] [e-mail] Attorney for American Booksellers Foundation for Free Expression, Association of American Publishers, Freedom to Read Foundation, Entertainment Merchants Association, National Association of Recording Merchandisers, and Great Lakes Booksellers Association

Certificate of Service I hereby certify that on this 23rd day of May, 2008, a copy of the foregoing was filed electronically with the Clerk of this Court. Notice of this filing will be sent to the following parties by operation of the Court's electronic filing system and the parties may access this filing through the Court's system. David A. Arthur Deputy Attorney General [e-mail] Eric James Beaver Deputy Attorney General [e-mail] /s/ Kenneth J. Falk Kenneth J. Falk Attorney at Law

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