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

Filing 75

MOTION for Summary Judgment by Louisiana Attorney Disciplinary Board, Billy R. Pesnell, Charles B Plattsmier. Motion Hearing set for 7/29/2009 10:00 AM before Judge Martin L.C. Feldman. (Attachments: # 1 Memorandum in Support, # 2 Notice of Hearing, # 3 Statement of Contested/Uncontested Facts, # 4 Exhibit A (to Statement of Facts), # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I (Part 1), # 14 Exhibit I (Part 2), # 15 Exhibit I (Part 3))(Reference: 08-4994)(Wittmann, Phillip)

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

Doc. 7

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA * * * Plaint iffs, * * VERSUS * * LOUISIANA ATTORNEY DISCIPLINARY * BOARD, et al. * * Defendants. * * * ************************** PUBLIC CITIZEN, INC., et al. CIVIL ACTION NO. 08-4451, c/w 08-4994 This pleading applies to Case No. 08-4994 SECTION "F" JUDGE FELDMAN MAGISTRATE WILKINSON

DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Defendants, the Louisiana Attorney Disciplinary Board, Billy R. Pesnell, and Charles B. Plattsmier (collectively, "Defendants") hereby move, pursuant to Federal Rule of Civil Procedure 56, for summary judgment in their favor against Plaintiffs Scott G. Wolfe, Jr. and Wolfe Law Group, L.L.C. (collectively, "Plaintiffs"). Should this Court reach the merits of this case at this time, rather than dismiss for lack of subject matter jurisdiction upon Defendants' pending Motion to Dismiss [See Rec. Doc. No. 73], summary judgment as a matter of law is

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Dockets.Justia.com

appropriate as to Plaintiffs' claims. For the reasons set forth in the accompanying Memorandum in Support, Defendants are entitled to judgment dismissing Plaintiffs' claims as a matter of law. WHEREFORE, Defendants the Louisiana Attorney Disciplinary Board, Billy R. Pesnell, and Charles B. Plattsmier pray that, should this Court reach the merits of this case at this time, rather than dismiss for lack of subject matter jurisdiction upon Defendants' pending Motion to Dismiss [See Rec. Doc. No. 73], this Court enter summary judgment in their favor, dismissing the claims of Plaintiffs Scott G. Wolfe, Jr. and Wolfe Law Group, L.L.C.

Dated: July 14, 2009

Respect fully submitted, /s/ Phillip A. Wittmann Phillip A. Wittmann, T.A., La. Bar No. 13625 Kathryn M. Knight, La. Bar No. 28641 Matthew S. Almon, La. Bar No. 31013 Of STONE PIGMAN WALTHER WITTMANN L.L.C. 546 Carondelet Street New Orleans, Louisiana 70130-3588 Telephone: [phone] Facsimile: [phone] Attorneys for Louisiana Attorney Disciplinary Board, Billy R. Pesnell, and Charles B. Plattsmier

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CERTIFICATE I hereby certify that on this 14th day of July, 2009, a copy o f the foregoing Defendants' Motion for Summary Judgment has been served upon each counsel of record by notice of electronic filing generated through the CM/ECF system, and/or by United States mail, facsimile, or e-mail for those counsel who are not participants in the CM/ECF system.

/s/ Phillip A. Wittmann

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