Public Citizen, Inc. et al v. Louisiana Attorney Disciplinary Board et al

Filing 67

EXPARTE/CONSENT MOTION to Amend/Correct Complaint by Public Citizen, Inc., Morris Bart, Morris Bart L.L.C., William N Gee, III, William N. Gee, III, Ltd.. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Proposed Pleading)(Reference: 08-4451, 08-4994)(Beck, Gregory)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA PUBLIC CITIZEN, INC., et al., Plaintiffs, v. LOUISIANA ATTORNEY DISCIPLINARY BOARD, et al.; Defendants. MEMORADUM IN SUPPORT OF MOTION FOR LEAVE TO FILE AMENDED COMPLAINT Plaintiffs respectfully request leave to file the attached First Amended Complaint for the following reasons: 1. This case involves a First Amendment challenge to recent amendments to

Civil Action No. 08-4451, c/w 08-4994 All Cases SEC. F (JUDGE FELDMAN) MAG. 2 (MAG. JUDGE WILKINSON)

Louisiana's lawyer advertising rules. The rules were initially set to become effective on December 1, 2008. 2. On September 28, 2008, plaintiffs filed their original complaint in this case. The

Louisiana Supreme Court then deferred the effective date of the amendments until April 1, 2009.

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3.

On February 18, 2009, the Louisiana Supreme Court ordered that implementation

of the rules again be deferred, this time until October 1, 2009, "to allow the LSBA and the Court to further study certain rules in light of the constitutional challenges that have been raised." 4. On June 4, 2009, the Louisiana Supreme Court adopted further amendments to the

challenged rules. The amendments eliminate one rule challenged by plaintiffs and modify others. 5. Plaintiffs seek to amend their complaint to accurately reflect the final amended

rules and the nature of their challenge to those rules. 6. Counsel for defendants has stated that defendants do not oppose this motion.

WHEREFORE, plaintiffs should be granted leave to file the attached First Amended Complaint.

Dated: June 26, 2009

Respectfully submitted, /s/Gregory A. Beck Gregory A. Beck, pro hac vice Brian Wolfman, pro hac vice PUBLIC CITIZEN LITIGATION GROUP 1600 20th Street, NW Washington, DC 20009 Telephone: [phone] Facsimile: [phone] Attorneys for all Plaintiffs Dane S. Ciolino, T.A., La Bar No. 19311 DANE S. CIOLINO, L.L.C. P.O. Box 850848 New Orleans, Louisiana 70185-0848 Telephone: [phone] Facsimile: [phone] Attorney for Plaintiffs Public Citizen, Inc., William N. Gee, III, and William N. Gee, III, Ltd.

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Terry B. Loup, La. Bar No. 8823 MORRIS BART, L.L.C. 20th Floor 909 Poydras Street New Orleans, Louisiana 70112 Telephone: [phone] Attorney for Plaintiffs Morris Bart and Morris Bart, L.L.C. and James M. Garner, La. Bar No. 19589 Joshua S. Force, La. Bar No. 21975 Christopher T. Chocheles, La. Bar No. 26848 SHER GARNER CAHILL RICHTER KLEIN & HILBERT, L.L.C. 909 Poydras Street Suite 2800 New Orleans, Louisiana 70112 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiffs Morris Bart and Morris Bart, L.L.C.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on June 26, 2009, I electronically filed the foregoing document with the Clerk of Court using the CM/ECF system, which will send a Notice of Electronic Filing to all counsel of record in this case.

/s/Gregory A. Beck Gregory A. Beck

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