Kings English, The et al v. Shurtleff et al

Filing 56

MOTION for Leave to File Excess Pages filed by Defendants Stephen Hadfield, Bryan Sidwell, Troy Rawlings, Stephen Foote, Barry L. Huntington, John E. Hummel, Richard Waddingham, Jann L. Farris, Lohra L. Miller, Dale Eyre, Douglas Hogan, Jeffrey Buhman, Mark Shurtleff, Von J. Christiansen, N. George Daines, Gene Strate, Karen Allen, David A. Blackwell, Happy J. Morgan, Scott F. Garrett, Jared W. Eldridge, Marvin D. Bagley, George W. Preston, Craig C. Halls, Ross C. Blackham, David Brickey, Joann Stringham, Thomas L. Low, Brock R. Belnap, Mark Decaria. (Attachments: # 1 Text of Proposed Order) Motions referred to Samuel Alba.(Burns, Mark)

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Kings English, The et al v. Shurtleff et al Doc. 56 JERROLD S. JENSEN (#1678) MARK E. BURNS (#6706) Assistant Attorneys General MARK L. SHURTLEFF (#4666) Utah Attorney General Attorneys for Defendants 160 East 300 South, 5th Floor P.O. Box 140857 Salt Lake City, Utah 84114-0857 Telephone: (801) 366-0353 UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION THE KING'S ENGLISH, INC., et al., Plaintiffs vs. MARK SHURTLEFF, In his official capacity as ATTORNEY GENERAL OF THE STATE OF UTAH, et al., Defendants. MOTION FOR LEAVE TO FILE OVERLENGTH REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS Case No. 2:05CV00485 Judge Dee Benson Defendants, by and through counsel, and pursuant to Fed. R. Civ. P. 7 and DUCivR 71(e) hereby move the above-entitled Court for leave to file a Reply Memorandum in support of their Motion to Dismiss in excess of the ten (10) page motion limit, but not to exceed 20 pages. The grounds for this motion are that this action seeks to have declared unconstitutional H.B. 260, Amendments Related to Pornographic and Harmful Materials, passed by the Utah State Legislature in 2005 and amended by H.B. 5, Sub. 1, Internet Sexual Content Protection of Minors, in 2007, codified as Utah Code Ann. 76-10-1204, 76-10-1205, 76-10-1206, 76-101231, 76-10-1232, and 76-10-1233. In order to provide the Court with the necessary underlying legal authority and factual background to support their arguments, Defendants must exceed the ten page minimum under this Court's motion rules. Given the constitutional issues in this litigation, the significant legal authorities to reference and the underlying facts to set forth, Defendants submit that they have made a showing of good cause and exceptional circumstances to justify the need for an extension of the ten page limitation to 18 pages. Defendants respectfully request that the Court grant their Motion for Leave to File Overlength Memorandum. DATED this 1st day of August, 2007. MARK L. SHURTLEFF Attorney General /s/ Mark E. Burns MARK E. BURNS JERROLD S. JENSEN Assistant Attorneys General 2 CERTIFICATE OF SERVICE This is to certify that copies of the foregoing MOTION FOR LEAVE TO FILE OVERLENGTH REPLY MEMORANDUM IN SUPPORT OF DEFENDANTS' MOTION TO DISMISS was served by electronically filing the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: HOWREY LLP Attorneys for Plaintiffs Wesley D. Felix, e-filer AMERICAN CIVIL LIBERTIES UNION OF UTAH FOUNDATION, INC. Attorneys for Plaintiffs Marina Baginsky Lowe, e-filer CENTER FOR DEMOCRACY & TECHNOLOGY Attorneys for Plaintiffs John B. Morris, e-filer SONNENSCHEIN NATH AND ROSENTHAL LLP Attorneys for Plaintiffs Michael A. Bamberger, e-filer /s/ Mark E. Burns 3

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