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)

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
[phone], ext. 102 /
[phone] (f)
[e-mail]
Counsel for ACLU-WV

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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
[e-mail]

Jeffrey A. Grove
Grove & Delk, PLLC
44 1/2 15th Street
Wheeling, WV 26003
[e-mail]

Clayton J Fitzsimmons
Fitzsimmons Law Firm, PLLC
1609 Warwood Ave
Wheeling, WV 26003
[e-mail]

Holly Suzanne Planinsic
Herndon, Morton, Herndon & Yaeger
83 Edington Lane
Wheeling, WV 26003
[e-mail]

Robert P. Fitzsimmons
Fitzsimmons Law Firm, PLLC
1609 Warwood Ave
Wheeling, WV 26003
[e-mail]

/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
[phone], ext. 102 /

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