BIG HAT BOOKS et al v. PROSECUTORS:

Filing 28

MOTION for Extension of Time to August 29, 2008 to Petition for Attorneys' Fees Pursuant to 42 U.S.C. 1988, 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. (Attachments: # 1 Text of Proposed Order)(Falk, Kenneth)

BIG HAT BOOKS et al v. PROSECUTORS:

Doc. 28

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-0596 SEB-TAB

Plaintiffs' Motion to Extend Time to Petition for Attorneys' Fees Pursuant to 42 U.S.C. § 1988 Come now plaintiffs, by counsel, and say that: 1. 2. On July 1, 2008, this Court entered judgment for plaintiffs in this cause. Plaintiffs intend to petition for attorneys' fees in this cause as prevailing parties

pursuant to 42 U.S.C. § 1988. 3. Pursuant to Rule 54(d) of the Federal Rules of Civil Procedure, the petition for

costs and fees must be filed no later than fourteen (14) days after entry of the Judgment, or by July 15, 2008. 4. Defendants have announced publicly that they will not be appealing the Judgment

in this cause. 5. Kenneth J. Falk has spoken to David Arthur, attorney for defendants, and has

asked that the time within which plaintiffs must petition for attorneys' fees be extended for forty-five (45) days, to and including August 29, 2008, so that the parties can attempt to resolve the fee issue without the need for a formal petition. 6. David Arthur has indicated that defendants have no objection to this extension

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WHEREFORE, plaintiffs request that the time within which they must file their petition for attorneys' fees be extended for forty-five (45) days to, and including, August 29, 2008, 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 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

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Certificate of Service I hereby certify that on this 7th day of July, 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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