BIG HAT BOOKS et al v. PROSECUTORS:

Filing 30

Second MOTION for Extension of Time to September 29, 2008 to Petition for Attorneys' Fees Pursuant to 42 U.S.C. s. 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)

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BIG HAT BOOKS et al v. PROSECUTORS: Doc. 30 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' Second 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. Pursuant to the prior Order of this Court the time within which the plaintiffs must petition for attorneys' fees pursuant to 42 U.S.C. 1988 has been extended to, and including, August 29, 2008. 3. Plaintiffs have made an offer to the defendants concerning their fees and the defendants are considering it but have not yet reached a decision on this matter. 4. Additional time is therefore necessary so that the parties can determine whether the fee claim can be settled without the need for a petition and intervention of this Court. 5. Accordingly, plaintiffs request that the time within which they must file their petition for attorneys' fees and costs be extended for an additional thirty (30) days to, and including, September 29, 2008. (The thirtieth day is Sunday, September 28, 2008). 6. Kenneth Falk has communicated with defendant's counsel, David Arthur, who has no objection to a thirty (30) day extension of time. Dockets.Justia.com WHEREFORE, plaintiffs request that the time within which they must file their petition for attorney's fees and costs be extended for an additional thirty (30) days, to, and including, September 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: 317/635-4105 kfalk@aclu-in.org 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: 317/237-1000 jon.laramore@bakerd.com matthew.albaugh@bakerd.com 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: 212/768-6800 mbamberger@sonnenschein.com 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 2 Certificate of Service I hereby certify that on this 22nd day of August, 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 david.arthur@atg.in.gov Eric James Beaver Deputy Attorney General eric.beaver@atg.in.gov /s/ Kenneth J. Falk Kenneth J. Falk Attorney at Law 3

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