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

Filing 96

NOTICE OF APPEAL by Morris Bart and Morris Bart L.L.C. as to 94 Judgment and 93 Order on Motion for Summary Judgment and Order on Motion to Dismiss Case. (Reference: BOTH CASES)(Garner, James) Modified on 9/18/2009 (caa, ). Modified on 9/30/2009 (caa, ). Modified on 10/23/2009 (caa, ).

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA PUBLIC CITIZEN, et al. Plaintiffs, * VERSUS * LOUISIANA ATTORNEY DISCIPLINARY BOARD, et al. Defendants. ********* ********** * * * * JUDGE FELDMAN MAGISTRATE JUDGE WILKINSON SECTION "F," MAG. 2 * * CIVIL ACTION NO. 08-4451, c/w 08-4994

NOTICE OF APPEAL Plaintiffs Morris Bart and Morris Bart, L.L.C. (collectively the "Bart Plaintiffs") hereby give notice of their intent to appeal to the United States Court of Appeals for the Fifth Circuit from the Judgment signed and entered into the record on August 19, 2009 [Doc. No. 94] by the District Court and its prior Order and Reasons entered into the record on August 3, 2009 [Doc. No. 93].

The Judgment granted the Defendants' Motion for Summary Judgment and denied the Bart Plaintiffs' Cross-Motion for Summary Judgment regarding the constitutionality of Rules 7.2(c)(1)(D), 7.2(c)(1)(E), 7.2(c)(1)(I), 7.2(c)(1)(J), 7.2(c)(1)(L), 7.2(c)(10), 7.2(c)(11), and 7.6(c)(3) of the Louisiana Rules of Professional Conduct. Because the Judgment was entered into the record on August 19, 2009, the Bart Plaintiffs' Notice of Appeal is timely pursuant to Rule 4(a) of the Federal Rules of Appellate Procedure. 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] Email: [e-mail] [e-mail] [e-mail] --- 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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CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on September 17, 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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