The Marshall County Coal Company et al v. Oliver et al

Filing 26

MOTION for Leave to File Brief Amicus Curiae by ACLU of West Virginia. (Attachments: # 1 Proposed Amicus Brief, # 2 Exhibit Exhibit A)(Crofts, Jamie)

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Case 5:17-cv-00099-JPB Document 26 Filed 08/01/17 Page 1 of 3 PageID #: 918 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF WEST VIRGINIA THE MARSHALL COUNTY COAL COMPANY, THE MARION COUNTY COAL COMPANY, THE HARRISON COUNTY COAL COMPANY, THE OHIO COUNTY COAL COMPANY, MURRAY ENERGY CORPORATION, and ROBERT E. MURRAY, Civil Action No: 17-cv-00099 Hon. John P. Bailey Plaintiffs, v. JOHN OLIVER, CHARLES WILSON, PARTIALLY IMPORTANT PRODUCTIONS, LLC, HOME BOX OFFICE, INC., TIME WARNER INC., AND DOES 1through 10, Defendants. MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE The American Civil Liberties Union of West Virginia Foundation respectfully moves this Court for leave to file the attached Proposed Brief Amicus Curiae on Behalf of the American Civil Liberties Union of West Virginia Foundation due to the interest the organization has in the social, legal, and public policy implications generated by this decision. The American Civil Liberties Union of West Virginia Foundation (“ACLU-WV”) is a nonprofit, nonpartisan organization dedicated to the principles of liberty and equality embodied in the United States Constitution, the West Virginia Constitution, and our nation’s civil rights laws. The ACLU-WV has long been dedicated to protecting the freedom of speech enshrined in the First Amendment to the United States Constitution and Article III, Section 7 of the West Virginia Constitution. The ACLU-WV is requesting permission to file this brief in accordance with Federal Rule of Civil Case 5:17-cv-00099-JPB Document 26 Filed 08/01/17 Page 2 of 3 PageID #: 919 Procedure 29(a). This brief was authored by staff counsel for the ACLU-WV and no party, party’s counsel, or other person authored any parts of the brief or contributed money intended to fund preparing or submitting the brief. Dated: August 1, 2017 Respectfully submitted, /s/ Jamie Lynn Crofts Jamie Lynn Crofts West Virginia Bar No. 12730 ACLU of West Virginia Foundation P.O. Box 3952 Charleston, WV 25339-3952 (304) 345-9246, ext. 102 / (304) 345-0207 (f) jcrofts@acluwv.org Counsel for ACLU-WV [2] Case 5:17-cv-00099-JPB Document 26 Filed 08/01/17 Page 3 of 3 PageID #: 920 CERTIFICATE OF SERVICE I, Jamie Lynn Crofts, do hereby certify that on August 1, 2017, I electronically filed a true and exact copy of this MOTION FOR LEAVE TO FILE BRIEF AMICUS CURIAE with the Clerk of Court using the CM/ECF System, with copies provided to: David L. Delk , Jr. Grove & Delk, PLLC 44 1/2 15th Street Wheeling, WV 26003 ddelk@grovedelklaw.com Jeffrey A. Grove Grove & Delk, PLLC 44 1/2 15th Street Wheeling, WV 26003 jgrove@grovedelklaw.com Clayton J Fitzsimmons Fitzsimmons Law Firm, PLLC 1609 Warwood Ave Wheeling, WV 26003 clayton@fitzsimmonsfirm.com Holly Suzanne Planinsic Herndon, Morton, Herndon & Yaeger 83 Edington Lane Wheeling, WV 26003 hplaninsic@hmhy.com Robert P. Fitzsimmons Fitzsimmons Law Firm, PLLC 1609 Warwood Ave Wheeling, WV 26003 bob@fitzsimmonsfirm.com /s/ Jamie Lynn Crofts Jamie Lynn Crofts West Virginia Bar No. 12730 ACLU of West Virginia Foundation P.O. Box 3952 Charleston, WV 25339-3952 (304) 345-9246, ext. 102 / [3]

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