Entertainment Software Association et al v. Granholm et al

Filing 59

Entertainment Software Association et al v. Granholm et al

Doc. 59

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

Document 59

Filed 02/21/2006

Page 1 of 4

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: 05-73634 Hon. George Caram Steeh Magistrate Judge Steven D. Pepe

JENNER & BLOCK LLP By: Paul M. Smith Katherine A. Fallow Amy L. Tenney Matthew S. Hellman 601 Thirteenth Street, N.W., Suite 1200 Washington, DC 20005 Telephone: [phone] Facsimile: [phone] __________________________________________/ REPLY IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

Detroit_676704_1

Dockets.Justia.com

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

Document 59

Filed 02/21/2006

Page 2 of 4

Plaintiffs respectfully submit this reply in support of their motion for summary judgment. Plaintiffs filed their motion for summary judgment and memorandum in support on December 23, 2005. Defendants Granholm and Cox ("State Defendants"), after obtaining an extension of time and leave to file excess pages, filed a 30-page consolidated response and cross-motion for summary judgment on January 23, 2006. On January 25, 2006, this Court ordered the State Defendants to file a separate cross-motion for summary judgment that incorporated the arguments made in the State Defendants' response. Because the arguments in Plaintiffs' reply and cross-response are essentially identical, and in light of this Court's January 25, 2006 order, Plaintiffs are filing separately a Reply in Support of Plaintiffs' Motion for Summary Judgment, and a Cross-Response to the Defendants' CrossMotion for Summary Judgment. Plaintiffs hereby adopt in this Reply the arguments made in their Response to Defendants' Cross-Motion for Summary Judgment.

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Detroit_676704_1

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

Document 59

Filed 02/21/2006

Page 3 of 4

Respectfully submitted, ENTERTAINMENT SOFTWARE ASSOCIATION, VIDEO SOFTWARE DEALERS ASSOCIATION, and MICHIGAN RETAILERS ASSOCIATION 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 Matthew S. Hellman 601 Thirteenth Street, N.W., Suite 1200 Washington, DC 20005 Telephone: [phone] Facsimile: [phone] February 21, 2006

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Detroit_676704_1

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

Document 59

Filed 02/21/2006

Page 4 of 4

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. / PROOF OF SERVICE Alicia J. Blumenfeld certifies that she is an employee of Bodman LLP, that on February 21, 2006 she caused to be served a copy of REPLY IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT and this Proof of Service upon the person(s) listed below via electronic filing: Denise C. Barton, Esq. Jason R. Evans, Esq. Assistant Attorney General Department of Attorney General 525 W. Ottawa Street, Floor 5 P.O. Box 30736 Lansing, Michigan 48909 I declare under penalty of perjury that the foregoing statement is true and correct to the best of my information, knowledge and belief. __/s/ Alicia J. Blumenfeld_____ Alicia J. Blumenfeld

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