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

Filing 79

EXPARTE/CONSENT MOTION for Leave to File Excess Pages 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 Order Motion for Summary Judgment, # 4 Proposed Pleading Memorandum in Support of Motion for Summary Judgment, # 5 Proposed Pleading Statement of Uncontested Facts, # 6 Proposed Pleading Notice of Hearing, # 7 Proposed Pleading Request for Oral Argument, # 8 Exhibit 1-5, # 9 Exhibit 6-7, # 10 Exhibit 8 pt 1, # 11 Exhibit 8 pt 2, # 12 Exhibit 8 pt 3, # 13 Exhibit 8 pt 4, # 14 Exhibit 8 pt 5, # 15 Exhibit 8 pt 6, # 16 Exhibit 9 pt 1, # 17 Exhibit 9 pt 2, # 18 Exhibit 9 pt 3, # 19 Exhibit 9 pt 4, # 20 Exhibit 10 pt 1, # 21 Exhibit 10 pt 2, # 22 Exhibit 10 pt 3, # 23 Exhibit 10 pt 4, # 24 Exhibit 11 pt 1, # 25 Exhibit 11 pt 2, # 26 Exhibit 11 pt 3, # 27 Exhibit 12-15, # 28 Exhibit 16-20, # 29 Exhibit 21, # 30 Exhibit 22)(Reference: 08-4451)(Garner, James)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA PUBLIC CITIZEN, INC., et al., Plaintiffs, v. LOUISIANA ATTORNEY DISCIPLINARY BOARD, et al.; Defendants. MEMORANDUM IN SUPPORT OF PLAINTIFFS' UNOPPOSED MOTION TO FILE MEMORANDUM THAT EXCEEDS PAGE LIMIT Plaintiffs respectfully request leave to file a memorandum in support of their Motion for Summary Judgment that exceeds the twenty-five page limit provided by Local Rule 7.8.1. Plaintiffs request an additional ten pages, for a total length of thirty-five pages. 1. This case raises First Amendment and Due Process challenges to Louisiana's Civil Action No. 08-4451 SEC. F (JUDGE FELDMAN) MAG. 2 (MAG. JUDGE WILKINSON)

recently amended Rules of Professional Conduct. The issues involve important questions of commercial free speech with the potential to affect the First Amendment rights of all lawyers and consumers in Louisiana. 2. Plaintiffs challenge multiple provisions of Louisiana's rules governing lawyer

advertising. The same general law of commercial speech applies to all the challenged provisions,

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but many of the rules require a separate application of law to the facts. Plaintiffs cannot adequately address all the rules within the twenty-five page limit. 3. The case implicates numerous Supreme Court and Fifth Circuit cases regarding

the right to engage in commercial speech. Although plaintiffs contend that this precedent establishes that the amended rules are unconstitutional, defendants will undoubtedly argue that the case involves questions of first impression as to several specific issues, including the proper application of the commercial speech standard to lawyer advertising containing references to past results, dramatizations, and a range of other types of content. For this reason, the memorandum requires an extensive discussion regarding application of existing precedent that cannot be adequately contained within the twenty-five page limit. 4. The Court previously granted plaintiffs leave to file a thirty-five page

memorandum in support of their Motion for a Preliminary Injunction. Plaintiffs should be granted leave to file a thirty-five page memorandum in support of their Motion for Summary Judgment.

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Respectfully submitted, /s/ James M. Garner James M. Garner, La. Bar No. 19589, T.A. 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 St., 28th Floor New Orleans, LA 70112 Telephone: [phone] Facsimile: [phone] --- and ---

Terry B. Loup, La. Bar No. 8823 MORRIS BART, L.L.C. 20th Floor 909 Poydras Street New Orleans, Louisiana 70112 Phone: [phone] Fax: [phone] Email: [e-mail] Counsel for Plaintiffs Morris Bart and Morris Bart, L.L.C. /s/Gregory A. Beck Gregory A. Beck DC Bar No. 494479, pro hac vice Brian Wolfman DC Bar No. 427491, pro hac vice PUBLIC CITIZEN LITIGATION GROUP 1600 20th St., NW Washington, DC 20009 Phone: [phone] Fax: [phone] Email: [e-mail] [e-mail] Counsel for All Plaintiffs

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/s/ Dane S. Ciolino Dane S. Ciolino, T.A., La. Bar No. 19311 DANE S. CIOLINO, LLC P.O. Box 850848 New Orleans, LA 70185-0848 Phone: [phone] Fax: [phone] Email: [e-mail] Counsel for Plaintiffs Public Citizen, Inc., William N. Gee, III, and William N. Gee, III, Ltd.

CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on July 14, 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 who have registered to receive electronic service, and I effected service upon all other counsel of record via United States Mail, postage prepaid and properly addressed. /s/ James M. Garner JAMES M. GARNER

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