American Freedom Defense Initiative et al v. Suburban Mobility Authority For Regional Transportation (SMART) et al
Filing
54
MOTION for Leave to File Excess Pages by Beth Gibbons, John Hertel, Suburban Mobility Authority For Regional Transportation (SMART). (Attachments: # 1 Exhibit email) (Hildebrandt, Christian)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
AMERICAN FREEDOM DEFENSE
INITIATIVE, PAMELA GELLER, and
ROBERT SPENCER,
Plaintiffs,
Case 2:10-cv-12134
HON. DENISE PAGE HOOD
v.
SUBURBAN MOBILITY AUTHORITY
FOR REGIONAL TRANSPORTATION
(“SMART”); GARY L. HENDRICKSON,
Individually and in his official capacity as
Chief Executive of SMART, JOHN HERTEL,
Individually and in his official capacity as
General Manager of SMART and BETH
GIBBONS, individually and in her official
Capacity as Marketing Program Manager
Of SMART,
Defendants.
Robert J. Muise (P62849)
David Yerushalmi, Esq. (Arz. 009616; DC
978179, Cal. 132011; NY 4632568)
Counsel for Plaintiffs
3000 Green Rd., #131098
Ann Arbor, MI 48113
(855) 835-2352
rmuise@americanfreedomlawcenter.org
dyerushalmi@americanfreedomlawcenter.org
Avery E. Gordon (P41194)
Anthony Chubb (P72608)
Co-Counsel for Defendants SMART, Hertel
and Gibbons
535 Griswold Street, Suite 600
Detroit, MI 48226
(313) 223-2100
agordon@smartbus.org
achubb@smartbus.org
Erin Elizabeth Mersino (P70886)
Co-Counsel for Plaintiffs
24 Frank Lloyd Wright Drive
P.O. Box 393
Ann Arbor, MI 48106
(734) 827-2001 emersino@thomasmore.org
John J. Lynch (P16887)
Christian E. Hildebrandt (P46989)
Co-Counsel for Defendants SMART, Hertel
and Gibbons
1450 W. Long Lake Road, Suite 100
Troy, MI 48098
(248) 312-2800
jlynch@vgpclaw.com
childebrandt@vgpclaw.com
DEFENDANTS’ APPLICATION TO EXCEED PAGE LIMITATIONS
NOW COME Defendants, SUBURBAN MOBILITY AUTHORITY FOR REGIONAL
TRANSPORTATION, JOHN HERTEL and BETH GIBBONS, by and through their attorneys,
VANDEVEER GARZIA, P.C., and for their APPLICATION TO EXCEED PAGE
LIMITATIONS, states as follows:
1. This is a complex case arising out of a claim filed by Plaintiffs alleging a First
Amendment violation in Defendants’ refusal, pursuant to policy to post a political
advertisement on the advertising space on its buses. The advertisement was rejected
under the Defendant, SMART’s, content policy because it was political and because the
advertisement was likely to hold adherents to Islam, in their families and communities
up to scorn and ridicule.
2. Defendants have filed a Motion for Summary Judgment on August 16, 2013,
concurrently with this Application to Exceed Page Limitations.
3. The issues in the Motion for Summary Judgment are numerous, and include, inter alia,
arguments concerning whether the bus advertising space is a non-public forum, whether
Plaintiffs’ advertisement was appropriately restricted under the Defendant’s content
policy, and whether Defendant’s content policy is viewpoint neutral. Resolution of these
issues requires Constitutional analysis and analysis of applicable case law from the U.S.
Supreme Court and the United States Circuit Court for the Sixth Circuit.
4. E.D.Mich LR 7.1(d)(3)(A) restricts, under normal circumstances, the length of any
Motion or Response to twenty pages.
5. Further, E.D.Mich LR 7.1(b)(2) encourages parties to address all of the issues in the case
in a single motion, and requires leave of court to file more than one Motion for Summary
Judgment.
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6. According to Rule 7.1(d)(3)(A), “[a] person seeking to file a longer brief may apply ex
parte in writing setting forth the reasons.” Defendants file this concurrent application for
that purpose.
7. Defendant believes that some of the issues raised in the Motion are already decided, both
by this Court and by the Sixth Circuit in the prior appeal, and in this regard sought, by
email (Exhibit A), to narrow the issues that needed to be briefed to this Court.
Plaintiffs’ counsel refused to stipulate to any of the issues raised.
8. In addition, on August 12, 2013, the parties held a meet and confer conference wherein
Plaintiffs again indicated they would not narrow the issues or concur in any of the relief
requested in the Motion for Summary Judgment.
9. As such, each of the issues previously raised in this Court and previously addressed
needs to be addressed again in Defendant’s Motion for Summary Judgment filed
concurrently herewith.
10. Although Defendants have attempted to be as brief as possible, the Motion and Brief
combined consist of 30 pages, inclusive of text, footnotes and signatures. Defendants
assert that the Motion and Brief cannot be further reduced without compromising
appropriate argument and presentation to this Court.
11. Defendants hereby apply for leave of this Court to exceed the page limitation set forth in
E.D.Mich 7.1(d)(3)(A).
WHEREFORE, Defendants respectfully application that this Honorable Court grant
Defendant’s Application to Exceed Page Limitations and allow and accept Defendants Motion
for Summary Judgment filed concurrently herewith.
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VANDEVEER GARZIA
By: __/s/ Christian E. Hildebrandt_________
JOHN J. LYNCH P16887
CHRISTIAN E. HILDEBRANDT P46989
Attorneys for Plaintiffs
1450 W. Long Lake Rd., Ste. 100
Troy, MI 48098-6330
(248) 312-2800
By: ___/s/ Avery E. Gordon_______________
SUBURBAN MOBILITY AUTHORITY FOR
REGIONAL TRANSPORTATION
Avery E. Gordon (P41194)
Anthony Chubb (P72608)
Co-Counsel for Plaintiffs
535 Griswold Street, Suite 600
Detroit, MI 48226
Dated: August 15, 2013
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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
AMERICAN FREEDOM DEFENSE
INITIATIVE, PAMELA GELLER, and
ROBERT SPENCER,
Plaintiffs,
Case 2:10-cv-12134
HON. DENISE PAGE HOOD
v.
SUBURBAN MOBILITY AUTHORITY
FOR REGIONAL TRANSPORTATION
(“SMART”); GARY L. HENDRICKSON,
Individually and in his official capacity as
Chief Executive of SMART, JOHN HERTEL,
Individually and in his official capacity as
General Manager of SMART and BETH
GIBBONS, individually and in her official
Capacity as Marketing Program Manager
Of SMART,
Defendants.
Robert J. Muise (P62849)
David Yerushalmi, Esq. (Arz. 009616; DC
978179, Cal. 132011; NY 4632568)
Counsel for Plaintiffs
3000 Green Rd., #131098
Ann Arbor, MI 48113
(855) 835-2352
rmuise@americanfreedomlawcenter.org
dyerushalmi@americanfreedomlawcenter.org
Avery E. Gordon (P41194)
Anthony Chubb (P72608)
Co-Counsel for Defendants SMART, Hertel
and Gibbons
535 Griswold Street, Suite 600
Detroit, MI 48226
(313) 223-2100
agordon@smartbus.org
achubb@smartbus.org
Erin Elizabeth Mersino (P70886)
Co-Counsel for Plaintiffs
24 Frank Lloyd Wright Drive
P.O. Box 393
Ann Arbor, MI 48106
(734) 827-2001 emersino@thomasmore.org
John J. Lynch (P16887)
Christian E. Hildebrandt (P46989)
Co-Counsel for Defendants SMART, Hertel
and Gibbons
1450 W. Long Lake Road, Suite 100
Troy, MI 48098
(248) 312-2800
jlynch@vgpclaw.com
childebrandt@vgpclaw.com
BRIEF IN SUPPORT OF APPLICATION TO EXCEED PAGE LIMITATIONS
Defendants rely upon the facts set forth in the attached motion for their application to
exceed the page limitation set forth in E.D. Mich LR 7.1 (d)(3).
WHEREFORE, Defendants respectfully application that this Honorable Court grant
Defendant’s Application to Exceed Page Limitations and allow and accept Defendants Motion
for Summary Judgment filed concurrently herewith.
VANDEVEER GARZIA
By: __/s/ Christian E. Hildebrandt_________
JOHN J. LYNCH P16887
CHRISTIAN E. HILDEBRANDT P46989
Attorneys for Plaintiffs
1450 W. Long Lake Rd., Ste. 100
Troy, MI 48098-6330
(248) 312-2800
By: ___/s/ Avery E. Gordon_______________
SUBURBAN MOBILITY AUTHORITY FOR
REGIONAL TRANSPORTATION
Avery E. Gordon (P41194)
Anthony Chubb (P72608)
Co-Counsel for Plaintiffs
535 Griswold Street, Suite 600
Detroit, MI 48226
Dated: August 15, 2013
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CERTIFICATE OF SERVICE
I hereby certify that on August 15, 2013, I electronically filed the attached papers,
Defendants’ Application to Exceed Page Limitations with Brief in Support, with the Clerk of
the Court using the Court’s ECF system which will send notification of such filing to the
following:
THOMAS MORE LAW CENTER
Robert J. Muise (P62849)
Richard Thompson (P21410)
Co-Counsel for Plaintiffs
24 Frank Lloyd Wright Drive
P.O. Box 393
Ann Arbor, MI 48106
rmuise@thomasmore.org
SUBURBAN MOBILITY AUTHORITY
FOR REGIONAL TRANSPORTATION
Avery E. Gordon (P41194)
Anthony Chubb (P72608)
Co-Counsel for Plaintiffs
535 Griswold Street, Suite 600
Detroit, MI 48226
agordon@smartbus.org
achubb@smartbus.org
LAW OFFICES OF DAVID YERUSHALMI
David Yerushalmi, Esq.
Co-Counsel for Plaintiffs
P.O. Box 6358
Chandler, AZ 85246
David.yerushalmi@verizon.net
Erin Elizabeth Mersino (P70886)
Co-Counsel for Plaintiffs
24 Frank Lloyd Wright Drive
P.O. Box 393
Ann Arbor, MI 48106
(734) 827-2001 emersino@thomasmore.org
I declare under penalty of perjury that the foregoing is true and correct.
VANDEVEER GARZIA
By: /s/ Christian E. Hildebrandt
JOHN J. LYNCH P16887
CHRISTIAN E. HILDEBRANDT P46989
Attorneys for Plaintiffs
1450 W. Long Lake Rd., Ste. 100
Troy, MI 48098-6330
(248) 312-2800
Dated: August 15, 2013
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