Entertainment Software Association et al v. Granholm et al

Filing 33

Entertainment Software Association et al v. Granholm et al

Doc. 33

Case 2:05-cv-73634-GCS-SDP

Document 33

Filed 10/19/2005

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN ENTERTAINMENT SOFTWARE ASSOCIATION, VIDEO SOFTWARE DEALERS ASSOCIATION, and MICHIGAN RETAILERS ASSOCIATION, Plaintiffs, vs. JENNIFER M. GRANHOLM, in her official capacity as Governor of the State of Michigan; MICHAEL A. COX, in his official capacity as Attorney General of the State of Michigan; and KYM L. WORTHY in her official capacity as Wayne County Prosecuting Attorney, Defendants. BODMAN LLP By: Dennis J. Levasseur (P39778) Alicia J. Blumenfeld (P67511) 100 Renaissance Center, 34th Floor Detroit, Michigan 48243 Telephone: [phone] Facsimile: [phone] and / MICHIGAN DEPARTMENT OF ATTORNEY GENERAL By: Denise C. Barton (P41535) P.O. Box 30736 Lansing, Michigan 48909 [phone] Attorney for Defendants Governor Jennifer A. Granholm and Attorney General Michael A. Cox

Case No: 02:05-cv-73634 Hon. George Caram Steeh Magistrate Judge Steven D. Pepe

JENNER & BLOCK LLP By: Paul M. Smith Katherine A. Fallow Amy L. Tenney 601 Thirteenth Street, N.W., Suite 1200 Washington, DC 20005 Telephone: [phone] Facsimile: [phone] __________________________________________/ PLAINTIFFS' EX PARTE MOTION TO EXTEND PAGE LIMIT FOR PLAINTIFFS' REPLY BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION

Dockets.Justia.com

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Plaintiffs, by their undersigned attorneys, under E.D. Mich. L.R. 7.1, move this Court to extend the page limit for plaintiffs' reply brief in support of their motion for preliminary injunction to 10 pages. In support, plaintiffs state as follows: 1. On September 26, 2005 the plaintiffs filed a motion for preliminary injunction. The brief in support of this motion was 20 pages, in compliance with E.D. Mich. L.R. 7.1. 2. On October 17, 2005 defendants filed a 33-page response to plaintiffs' motion for a preliminary injunction. They did so even though the Court had not granted leave for them to file a brief in excess of the 20 page limit provided for in E.D. Mich. L.R. 7.1. 3. Defendants' response brief was electronically filed along with documents that numbered approximately 500 pages. 4. The table of contents to the appendix listed 94 documents. Of the listed documents, only 15 were actually electronically filed. 5. Defendants' response brief raises numerous issues of constitutional law, and references numerous exhibits, including a multitude of scientific articles that have been placed before the Court. The State relies on its voluminous exhibits for many of their assertions on the merits, and plaintiffs would like to respond to these assertions ­ and the exhibits ­ in their reply brief. 6. The 5-page limit for reply briefs provided in E.D. Mich. L.R. 7.1 does not allow plaintiffs to meaningfully respond to the arguments raised in defendants' response brief.

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7.

A page limit of 10 pages is necessary for plaintiffs to adequately respond to defendants' arguments.

8.

This case involves the constitutionality of a Michigan law set to go into effect on December 1, a mere six weeks away. Plaintiffs must be given a full opportunity to respond to defendants' arguments so that this Court may be completely briefed on the issues before deciding on the constitutionality of a law that implicates Michigan citizens' First Amendment rights.

Respectfully submitted, BODMAN LLP By: /s/ Alicia J. Blumenfeld_______ Dennis J. Levasseur (P39778) Alicia J. Blumenfeld (P67511) 100 Renaissance Center, 34th Floor Detroit, Michigan 48243 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] and JENNER & BLOCK LLP By: Paul M. Smith Katherine A. Fallow Amy L. Tenney 601 Thirteenth Street, N.W., Suite 1200 Washington, DC 20005 Telephone: [phone] Facsimile: [phone] October 19, 2005

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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN ENTERTAINMENT SOFTWARE ASSOCIATION, VIDEO SOFTWARE DEALERS ASSOCIATION, and MICHIGAN RETAILERS ASSOCIATION, Plaintiffs, vs. JENNIFER M. GRANHOLM, in her official capacity as Governor of the State of Michigan; MICHAEL A. COX, in his official capacity as Attorney General of the State of Michigan; and KYM L. WORTHY in her official capacity as Wayne County Prosecuting Attorney, Defendants. BODMAN LLP By: Dennis J. Levasseur (P39778) Alicia J. Blumenfeld (P67511) 100 Renaissance Center, 34th Floor Detroit, Michigan 48243 Telephone: [phone] Facsimile: [phone] and / MICHIGAN DEPARTMENT OF ATTORNEY GENERAL By: Denise C. Barton (P41535) P.O. Box 30736 Lansing, Michigan 48909 [phone] Attorney for Defendants Governor Jennifer A. Granholm and Attorney General Michael A. Cox

Case No: 02:05-cv-73634 Hon. George Caram Steeh Magistrate Judge Steven D. Pepe

JENNER & BLOCK LLP By: Paul M. Smith Katherine A. Fallow Amy L. Tenney 601 Thirteenth Street, N.W., Suite 1200 Washington, DC 20005 Telephone: [phone] Facsimile: [phone] __________________________________________/ BRIEF IN SUPPORT OF PLAINTIFFS' EX PARTE MOTION TO EXTEND PAGE LIMIT

Detroit_652729_1

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In support of this motion, plaintiffs rely on E.D. Mich. L.R. 7.1.

Respectfully submitted, BODMAN LLP By: /s/ Alicia J. Blumenfeld______ Dennis J. Levasseur (P39778) Alicia J. Blumenfeld (P67511) 100 Renaissance Center, 34th Floor Detroit, Michigan 48243 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] and JENNER & BLOCK LLP By: Paul M. Smith Katherine A. Fallow Amy L. Tenney 601 Thirteenth Street, N.W., Suite 1200 Washington, DC 20005 Telephone: [phone] Facsimile: [phone] October 19, 2005

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Detroit_652729_1

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