Entertainment Software Association et al v. Foti et al

Filing 48

ORDER as to Granting IN PART 19 MOTION to Dismiss Pursuant to FRCP Rules 12(b) (1) and (6) filed by Charles C. Foti, Jr., to the extent that (1) the Attorney General is dismissed as a party defendant to injunctive relief only, and (2) preliminary injunctive relief will not be entered against Doug Moreau as representative of the proposed defendant class.... In all other respects, the motion to dismiss is DENIED..... Granting 1 Motion for a Preliminary Injunction.... IT IS FURTHER ORDERED that defendant Doug Moreau, in his official capacity as District Attorney for the Parish of East Baton Rouge, and his officers, agents, servants, employees, and attorneys and those persons in active concert or participation with them who receive actual notice of this Order by postal service or otherwise, are hereby ENJOINED from enforcing, or directing the enforcement of the Act 441 of the 2006 regular session of the Louisiana Legislature, codified at R.S. 14:91.14 until resolution of this action or further order of this Court.... IT IS FURTHER ORDERED that plaintiffs file a motion for class certification and personally notify by mail all of the district attorneys in Louisiana of this action, the motion for class certification, and any motion for summary judgment.... IT IS FURTHER ORDERED that nothing herein affects the requests for declaratory judgment and other relief requested in the Complaint.... . Signed by Judge James J. Brady on 8/31/2006.(SAH, ) Modified on 9/1/2006 (SAH, )... To correct text...