Alexander et al v. Cahill et al

Filing 6

MOTION for Preliminary Injunction Motion Hearing set for 3/23/2007 10:00 AM in Albany before Senior Judge Frederick J. Scullin Jr..,Response to Motion due by 3/6/2007,Reply to Response to Motion due by 3/12/2007. by James L. Alexander, Alexander & Catalano LLC, Public Citizen, Inc.. (Attachments: # 1 Memorandum of Law in Support of Motion for Preliminary Injunction# 2 Exhibit(s) 1 to Memorandum: Amended Lawyer Advertising Rules# 3 Exhibit(s) 2 to Memorandum: Redlined Amended Lawyer Advertising Rules# 4 Declaration of James Alexander# 5 Exhibit(s) 1 to Alexander Declaration (Notice of Filing) of DVD with Advertisements# 6 Exhibit(s) 2 to Alexander Declaration (FTC Comments on Proposed Rules)# 7 Exhibit(s) 3 to Alexander Declaration (part 1) (Task Force Report on Attorney Advertising)# 8 Exhibit(s) 3 to Alexander Declaration (part 2) (Task Force Report on Attorney Advertising)# 9 Declaration of Peter Catalano# 10 Exhibit(s) 1 to Catalano Declaration (Transcript of Remarks of Justice Pigott)# 11 Declaration of Brian Wolfman# 12 Corporate Disclosure Statement Pursuant to FRCP 7.1) (Nelson, Scott)

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Alexander et al v. Cahill et al Doc. 6 Case 5:07-cv-00117-FJS-GHL Document 6 Filed 02/14/2007 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ) ) ) Plaintiffs, ) ) Civil Action No. 5:07-cv-00117-FJS-GHL v. ) ) THOMAS J. CAHILL, et al., ) ) Defendants. ______________________________________ ) JAMES L. ALEXANDER, et al., NOTICE OF MOTION AND MOTION FOR PRELIMINARY INJUNCTION PLEASE TAKE NOTICE that Plaintiffs will move this Court at the Courthouse located at 445 Broadway, Albany, NY 12207 before Judge Frederick J. Scullin, Jr. at 10:00 a.m. on March 23, 2007, for an order granting a preliminary injunction against enforcement of 1200.6(c)(1), (3), (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, and against enforcement of 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 affidavits. This is a non-dispositive motion. Pursuant to Local Rule 7.1(b)(2) a conference was held between counsel for the plaintiffs and counsel for the defendants on February 14, 2007, at which counsel for the defendants stated that the defendants do not consent to this motion. Case 5:07-cv-00117-FJS-GHL Document 6 Filed 02/14/2007 Page 2 of 2 Respectfully submitted, /s Scott L. Nelson Scott L. Nelson N.D.N.Y. Bar Roll No. 513515 Gregory A. Beck DC Bar No. 494479, pro hac vice pending Brian Wolfman DC Bar No. 427491, pro hac vice pending Public Citizen Litigation Group 1600 20th St., NW Washington, DC 20009 Phone: (202) 588-1000 Fax: (202) 588-7795 Email: Counsel for Plaintiffs Dated: February 14, 2007 -2-

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