American Freedom Defense Initiative et al v. Suburban Mobility Authority For Regional Transportation (SMART) et al

Filing 56

MOTION for Leave to File Excess Pages by Beth Gibbons, John Hertel, Suburban Mobility Authority For Regional Transportation (SMART). (Attachments: # 1 Exhibit A - 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
[phone]
[e-mail]
[e-mail]

Avery E. Gordon (P41194)
Anthony Chubb (P72608)
Co-Counsel for Defendants SMART, Hertel
and Gibbons
535 Griswold Street, Suite 600
Detroit, MI 48226
[phone]
[e-mail]
[e-mail]

Erin Elizabeth Mersino (P70886)
Co-Counsel for Plaintiffs
24 Frank Lloyd Wright Drive
P.O. Box 393
Ann Arbor, MI 48106
[phone] [e-mail]

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
[phone]
[e-mail]
[e-mail]

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.
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4. E.D.Mich LR 7.1(d)(3)(A) restricts, under normal circumstances, the length
of any Motion or Response to twenty-five 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.
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.

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10.Although Defendants have attempted to be as brief as possible, the Motion
and Brief combined consist of 40 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.
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
[phone]

Dated: August 15, 2013

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

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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
[phone]
[e-mail]
[e-mail]

Avery E. Gordon (P41194)
Anthony Chubb (P72608)
Co-Counsel for Defendants SMART, Hertel
and Gibbons
535 Griswold Street, Suite 600
Detroit, MI 48226
[phone]
[e-mail]
[e-mail]

Erin Elizabeth Mersino (P70886)
Co-Counsel for Plaintiffs
24 Frank Lloyd Wright Drive
P.O. Box 393
Ann Arbor, MI 48106
[phone] [e-mail]

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
[phone]
[e-mail]
[e-mail]

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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
[phone]
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
[e-mail]

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
[e-mail]
[e-mail]

LAW OFFICES OF DAVID
YERUSHALMI
David Yerushalmi, Esq.
Co-Counsel for Plaintiffs
P.O. Box 6358
Chandler, AZ 85246
[e-mail]

Erin Elizabeth Mersino (P70886)
Co-Counsel for Plaintiffs
24 Frank Lloyd Wright Drive
P.O. Box 393
Ann Arbor, MI 48106
[phone]
[e-mail]

I declare under penalty of perjury that the foregoing is true and
correct.

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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
[phone]
Dated: August 15, 2013

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