Alexander et al v. Cahill et al

Filing 33

MOTION for Summary Judgment Motion Hearing set for 6/18/2007 03:00 PM in Syracuse before Senior Judge Frederick J. Scullin Jr..,Response to Motion due by 6/1/2007,Reply to Response to Motion due by 6/7/2007. by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Memorandum of Law Memorandum in Support of Motion# 2 Exhibit(s) Exhibit 1 to Memorandum: Amended Rules# 3 Exhibit(s) Exhibit 2 to Memorandum: Redline of Amended Rules# 4 Exhibit(s) Exhibit 3 to Memorandum: Capoccia v. Comm. on Prof'l Standards# 5 Declaration Certificate of Service) (Beck, Gregory)

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Alexander et al v. Cahill et al Doc. 33 Case 5:07-cv-00117-FJS-GHL Document 33 Filed 05/11/2007 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK JAMES L. ALEXANDER, et al., ) ) ) Plaintiffs, ) ) Civil Action No. 5:07-cv-00117-FJS-GHL v. ) ) THOMAS J. CAHILL, et al., ) ) Defendants. ______________________________________ ) NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT PLEASE TAKE NOTICE that Plaintiffs will move this Court at the Courthouse located at 100 S. Clinton Street, Syracuse, NY 13261, before Judge Frederick J. Scullin, Jr. at 3:00 p.m. on June 18, 2007, for an order granting summary judgment to the plaintiffs under Federal Rule of Civil Procedure 56, and declaring unconstitutional and permanently enjoining enforcement of 1200.6(c)(1), (5), (7), (g)(1), 1200.7(e), 1200.8(g), 1200.41-a, and the first clause of 1200.6(c)(3) of the amendments to the Disciplinary Rules of the Code of Professional Responsibility that became effective on February 1, 2007, as well as 1200.6, 1200.7, and 1200.41-a of the rules as applied to communications where the lawyer's primary purpose is not pecuniary gain. The grounds for this motion are set forth in the accompanying memorandum and statement of material facts. Plaintiffs request oral argument on the motion. Case 5:07-cv-00117-FJS-GHL Document 33 Filed 05/11/2007 Page 2 of 2 Respectfully submitted, /s/ Gregory A. Beck Gregory A. Beck N.D.N.Y. Bar Roll No. 514293 (pro hac vice) Brian Wolfman N.D.N.Y. Bar Roll No. 514292 (pro hac vice) Scott L. Nelson N.D.N.Y. Bar Roll No. 513515 PUBLIC CITIZEN LITIGATION GROUP 1600 20th St., NW Washington, DC 20009 Phone: (202) 588-1000 Fax: (202) 588-7795 Email: Counsel for Plaintiffs Dated: May 11, 2007 -2-

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