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

Filing 80

EXPARTE/CONSENT MOTION to supplement motion by Public Citizen, Inc., Morris Bart, Morris Bart L.L.C., William N Gee, III and William N. Gee, III, Ltd. re 79 MOTION for Leave to File Excess Pages (Attachments: # 1 Proposed Order, # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26-30, # 6 Exhibit 31-36, # 7 Exhibit 37, # 8 Exhibit 38, # 9 Exhibit 39 PT.1, # 10 Exhibit 39 PT. 2)(Reference: 08-4451)(Garner, James) Modified on 7/15/2009 (caa, ).

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA PUBLIC CITIZEN, INC., et al., Plaintiffs, v. LOUISIANA ATTORNEY DISCIPLINARY BOARD, et al.; Defendants. Civil Action No. 08-4451 SEC. F (JUDGE FELDMAN) MAG. 2 (MAG. JUDGE WILKINSON)

EX PARTE MOTION FOR LEAVE TO SUPPLEMENT EXHIBITS TO SECOND MOTION FOR SUMMARY JUDGMENT Plaintiffs PUBLIC CITIZEN, INC., MORRIS BART, MORRIS BART, L.L.C., WILLIAM N. GEE, III, and WILLIAM N. GEE, III, LTD. (collectively "Plaintiffs") respectfully move this Honorable Court for leave to supplement their Second Motion for Summary Judgment (the "Motion") with Exhibits 23-39, which could not be filed electronically with the Motion and the remainder of the exhibits on July 14, 2009. Copies of Exhibits 23-39 are attached to this ex parte motion. Plaintiffs attempted to file these exhibits with their Motion but, due to the number of exhibits and their size, the CM/ECF System would not accept these additional exhibits, to which

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Plaintiffs have referred in their Motion. The Court is not set to hear this Motion until July 29, 2009. Therefore, permitting Plaintiffs to supplement their Motion with the attached exhibits will not unduly delay or otherwise interfere with the Court's consideration of this matter. Likewise, granting this ex parte motion, at this time, will not prejudice any party. Accordingly, Plaintiffs respectfully request that this Court grant them leave to supplement the record with Exhibits 23-39 of the Motion. 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.

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/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 /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 15, 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 -3-