Entertainment Software Association et al v. Foti et al Featured Case

Plaintiffs Entertainment Software Association and Entertainment Merchants Association sought declaratory and injunctive relief against enforcement of a new Louisiana statute that criminalizes the sale or rental of violent video games to persons under 18.

Plaintiff: Entertainment Software Association and Entertainment Merchants Association
Defendant: Doug Moreau
Case Number: 3:2006cv00431
Filed: June 16, 2006
Court: US District Court for the Middle District of Louisiana
Office: Baton Rouge Office
County: East Baton Rouge
Presiding Judge: James J. Brady
Presiding Judge: Christine Noland
Nature of Suit: Constitutional - State Statute
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 19, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2007 Filing 79 NOTICE by Charles C. Foti, Jr re 53 Judgment, 76 Ruling, Satisfaction of Judgment (Vincent, Scott)
August 6, 2007 Filing 78 AMENDED Taxation of Costs in amount of $ 2,621.53 against defendants. Previous Taxation of Costs filed 8/3/07 vacated. (DGG, )
August 3, 2007 Filing 77 Costs Taxed in amount of $ 2,621.53 against defendants (DGG, )
April 10, 2007 Filing 76 RULING granting in part 54 MOTION for Attorney Fees filed by Entertainment Software Association, Entertainment Merchants Association..atty's fees are awarded in the amount of of $38,661.56 to Jenner & Block and in the amount of $53,332.11 to Liskow & Lewis and against the AG and DA Doug Moreau in solido...pltf's request for costs other than attys fees is hereby referred to the Clerk of Court.. Signed by Judge James J. Brady on 04/10/07. (PAH, )
February 13, 2007 Filing 75 RESPONSE to 72 Memorandum in Opposition to Motion filed by Entertainment Software Association, Entertainment Merchants Association. (PAH, )
February 13, 2007 Opinion or Order Filing 74 ORDER granting 73 Ex Parte MOTION for Leave to File Response to the Attorney General's Surreply filed by Entertainment Software Association,, Entertainment Merchants Association, . Signed by Judge James J. Brady on 02/13/07. (PAH, )
February 12, 2007 Filing 73 Ex Parte MOTION for Leave to File Response to the Attorney General's Surreply by all plaintiffs. (Attachments: # 1 Proposed Pleading; Plaintiffs' Response to the Attorney General's Surreply)(Denegre, George)
February 9, 2007 Filing 72 SUPPLEMENTAL MEMORANDUM in Opposition to 54 MOTION for Attorney Fees and Costs filed by Charles C. Foti, Jr. (PAH, )
February 9, 2007 Opinion or Order Filing 71 ORDER granting 70 MOTION for Leave to File Supplemental Opposition Memorandum filed by Charles C. Foti, Jr. . Signed by Judge James J. Brady on 02/09/07. (PAH, )
February 9, 2007 Filing 70 MOTION for Leave to File Supplemental Opposition Memorandum by Charles C. Foti, Jr. (Attachments: # 1 Proposed Pleading; Supplemental Opposition Memorandum)(Vincent, Scott)
January 31, 2007 Filing 69 REPLY TO 66 Memorandum in Opposition to Motion for Attorneys' Fees and Costs filed by all plaintiffs. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Denegre, George)
January 17, 2007 Filing 67 MOTION for Oral Argument on 54 MOTION for Attorney Fees and Costs by Charles C. Foti, Jr. (Vincent, Scott)
January 16, 2007 Opinion or Order Filing 68 ORDER granting 63 Motion to Substitute Attorney. Scott G. Vincent for Charles C. Foti, Jr replacing David G. Sanders . Signed by Judge Christine Noland on 1/16/07. (BP, )
January 16, 2007 Filing 66 MEMORANDUM in Opposition to 54 MOTION for Attorney Fees and Costs filed by Charles C. Foti, Jr. (Vincent, Scott)
January 16, 2007 Opinion or Order Filing 65 ORDER granting 64 Motion for Extension of Time to File Response to 54 MOTION for Attorney Fees and Costs. Granted until 1/15/07 to file an opposition to the motion . Signed by Judge James J. Brady on 1/16/07. (BP, )
January 12, 2007 Filing 64 MOTION for Extension of Time to File Response to 54 MOTION for Attorney Fees and Costs by Charles C. Foti, Jr. (Vincent, Scott)
January 12, 2007 Filing 63 MOTION to Substitute Scott G. Vincent in place of David G. Sanders as Attorney by Charles C. Foti, Jr. (Vincent, Scott)
January 8, 2007 Filing 62 Supplemental MEMORANDUM in Support of 54 MOTION for Attorney Fees and Costs filed by Entertainment Software Association, Entertainment Merchants Association. (BP, )
January 8, 2007 Opinion or Order Filing 61 ORDER granting 58 Ex Parte MOTION for Leave to File Supplemental Brief in Support of Plaintiffs' Motion for Attorneys' Fees and Costs filed by Entertainment Software Association,, Entertainment Merchants Association, . Signed by Judge James J. Brady on 1/5/07. (BP, )
January 5, 2007 Filing 60 NOTICE as to 59 Notice of Deficient Document - This Deficiency Notice was sent in error. The attorney is in compliance with the rules.(NLT, ) Modified on 1/5/2007 to edit text (NLT, ).
January 5, 2007 Filing 59 NOTICE OF DEFICIENT DOCUMENT as to 58 Motion for Leave to File Document - This pleading is deficient. Specifically a motion for leave to file must be accompanied by a separately captioned proposed pleading. The party is given 7 days from the date of this notice to file a corrective document. (NLT, )
January 4, 2007 Filing 58 Ex Parte MOTION for Leave to File Supplemental Brief in Support of Plaintiffs' Motion for Attorneys' Fees and Costs by all plaintiffs. (Attachments: # 1 Attachment Declaration of Katherine A. Fallow)(Denegre, George)
December 19, 2006 Filing 57 NOTICE of Hearing before JJB on 54 MOTION for Attorney Fees and Costs:...Opposition to the motion shall be filed within 20 days of the date of this notice... the mover may file a reply brief within 15 days of the filing of the opposition and NO LEAVE OF COURT IS REQUIRED... The motion will be submitted upon the expiration of the above-stated deadlines WITHOUT ORAL ARGUMENT. (PAH, ) Modified on 12/20/2006 to edit text(PAH, ).
December 18, 2006 Filing 56 Notice of Docket Entry Modification by Deputy Clerk regarding 55 Memorandum in Support of Motion - Correct Document attached. (NLT, )
December 18, 2006 Filing 55 MEMORANDUM in Support of 54 MOTION for Attorney Fees and Costs filed by all plaintiffs. (Attachments: # 1 Affidavit 1# 2 Affidavit 2)(Brown, James) Modified on 12/18/2006 to add correct document to entry. (NLT, ).
December 18, 2006 Filing 54 MOTION for Attorney Fees and Costs by all plaintiffs. (Brown, James)
December 4, 2006 Filing 53 FINAL JUDGMENT . Signed by Judge James J. Brady on 12/01/06.(PAH, )
November 29, 2006 Filing 52 Minute Entry for proceedings held before Judge James J. Brady : Motion Hearing held on 11/29/2006 re 44 MOTION to Certify Class and 41 MOTION for Summary Judgment..court grants 44 MOTION to Certify Class finding that Rule 23 requirements are met and grants the 41 MOTION for Summary Judgment and will enter a declaratory judgment against the AG, his agents and assigns and all the elected DA's in the State of LA, their agents and employees. The court GRANTS permanent injunction against all the DA's in the Sate of LA..The court will not issue any ruling on atty fees at this time, but reserves the right for the prevailing parties to petn the court at a later time. Parties to submit judgment..exhibits filed(Court Reporter S. Thompson.) (PAH, )
October 5, 2006 Opinion or Order Filing 51 ORDER..IT IS ORDERED that the scheduling conference set for October 12, 2006, is hereby CANCELLED, and will be reset, if necessary, after the November 29, 2006, hearing before the District Judge.. Signed by Judge Christine Noland on 10/05/06.(PAH, )
September 28, 2006 Filing 50 STATUS REPORT by all parties. (Denegre, George)
September 5, 2006 Opinion or Order Filing 49 ORDER... Oral Argument/Evidentiary Hearing as to 41 MOTION for Summary Judgment and 44 MOTION to Certify Class will be held on 11/29/2006 at 09:30 AM in Courtroom 1 before Judge James J. Brady. Signed by Judge James J. Brady on 9/5/2006.(NLT, )
August 31, 2006 Opinion or Order Filing 48 ORDER as to Granting IN PART 19 MOTION to Dismiss Pursuant to FRCP Rules 12(b) (1) and (6) filed by Charles C. Foti, Jr., to the extent that (1) the Attorney General is dismissed as a party defendant to injunctive relief only, and (2) preliminary injunctive relief will not be entered against Doug Moreau as representative of the proposed defendant class.... In all other respects, the motion to dismiss is DENIED..... Granting 1 Motion for a Preliminary Injunction.... IT IS FURTHER ORDERED that defendant Doug Moreau, in his official capacity as District Attorney for the Parish of East Baton Rouge, and his officers, agents, servants, employees, and attorneys and those persons in active concert or participation with them who receive actual notice of this Order by postal service or otherwise, are hereby ENJOINED from enforcing, or directing the enforcement of the Act 441 of the 2006 regular session of the Louisiana Legislature, codified at R.S. 14:91.14 until resolution of this action or further order of this Court.... IT IS FURTHER ORDERED that plaintiffs file a motion for class certification and personally notify by mail all of the district attorneys in Louisiana of this action, the motion for class certification, and any motion for summary judgment.... IT IS FURTHER ORDERED that nothing herein affects the requests for declaratory judgment and other relief requested in the Complaint.... . Signed by Judge James J. Brady on 8/31/2006.(SAH, ) Modified on 9/1/2006 (SAH, )... To correct text...
August 31, 2006 Filing 47 NOTICE of Hearing before JJB on 44 MOTION to Certify Class:...Opposition to the motion shall be filed within 20 days of the date of this notice... the mover may file a reply brief within 15 days of the filing of the opposition and NO LEAVE OF COURT IS REQUIRED... The motion will be submitted upon the expiration of the above-stated deadlines WITHOUT ORAL ARGUMENT. (SAH, )
August 30, 2006 Filing 46 NOTICE of Hearing before JJB on 41 MOTION for Summary Judgment:...Opposition to the motion shall be filed within 20 days of the date of this notice... the mover may file a reply brief within 15 days of the filing of the opposition and NO LEAVE OF COURT IS REQUIRED... The motion will be submitted upon the expiration of the above-stated deadlines WITHOUT ORAL ARGUMENT. (SAH, )
August 30, 2006 Filing 45 MEMORANDUM in Support of 44 MOTION to Certify Class filed by all plaintiffs. (Attachments: # 1 Exhibit)(Denegre, George)
August 30, 2006 Filing 44 MOTION to Certify Class by all plaintiffs. (Denegre, George)
August 30, 2006 Filing 43 Statement of Material Facts filed by all plaintiffs. (Denegre, George)
August 30, 2006 Filing 42 MEMORANDUM in Support of 41 MOTION for Summary Judgment filed by all plaintiffs. (Denegre, George)
August 30, 2006 Filing 41 MOTION for Summary Judgment by all plaintiffs. (Denegre, George)
August 24, 2006 Filing 40 RULING granting 19 MOTION to Dismiss to the extent that the Attorney General is dismissed as a party dft to injunctive relief and preliminary injunctive relief will not be entered against Doug Moreau as representative of the proposed dft class. In all other respects, the motion to dismiss is DENIED. 1 Motion for Preliminary Injunction filed by Entertainment Software Association,, Entertainment Merchants Association is GRANTED. Signed by Judge James J. Brady on 08/24/06.(PAH, )
August 23, 2006 Filing 38 Exhibit List of hearing held on 6/30/2006. (HCJ, )
August 22, 2006 Filing 39 RESPONSE to 37 Supplemental Memorandum in Support of Memo On Dft Class Issue... filed by Charles C. Foti, Jr. (SAH, )
August 17, 2006 Filing 37 Supplemental MEMORANDUM in Support of MOTION for Preliminary Injunction On Defendant Class Issue As Ordered By The Court At August 15, 2006 Status Conference filed by all plaintiffs. (Denegre, George)
August 15, 2006 Filing 36 Minute Entry/Notice to Counsel for proceedings held before Judge James J. Brady: Status Conference held on 8/15/2006... The court instructed the parties to file any motions they deem necessary within 15 days... The Clerk's office is instructed to send a copy of this notice and all future pleadings to District Attorney Doug Moreau, 222 St. Louis Street, 5th Floor, Baton Rouge, Louisiana,70801. (NLT, )... Doug Moreau's addressed added ... Modified on 8/24/2006 to edit text (NLT, ).
August 10, 2006 Filing 35 Notice and Order: Status Conference set for 8/15/2006 at 11:00 AM in chambers before Judge James J. Brady. Paul Smith may participate by telephone and is directed to call chambers at that time.(PAH, )
August 9, 2006 Filing 34 Supplemental MEMORANDUM in Support of MOTION for Preliminary Injunction filed by Entertainment Software Association, Entertainment Merchants Association. (NLT, )
August 9, 2006 Opinion or Order Filing 33 ORDER granting 32 MOTION for Leave to File Supplemental Memorandum In Support of Motion for a Preliminary Injunction filed by Entertainment Software Association,, Entertainment Merchants Association, . Signed by Judge James J. Brady on 8/9/2006. (NLT, )
August 1, 2006 Filing 32 MOTION for Leave to File Supplemental Memorandum In Support of Motion for a Preliminary Injunction by all plaintiffs. (Attachments: # 1 Attachment Supplemental Memorandum)(Brown, James)
July 25, 2006 Filing 31 TRANSCRIPT of Oral Argument Proceedings held on 6/30/06 before Judge JJB. Court Reporter: SLT. (HCJ, )
July 19, 2006 Opinion or Order Filing 30 NOTICE AND ORDER... IT IS ORDERED that the 26 MOTION for Leave to Amicus Curie Brief be and is hereby DENIED. Signed by Judge James J. Brady on 7/19/2006.(NLT, )
July 18, 2006 Filing 29 Notice of Docket Entry Modification by Deputy Clerk regarding 27 MOTION to Strike 26 MOTION for Leave to Amicus Curie Brief...corrected document attached. (DMC, )
July 18, 2006 Filing 28 MEMORANDUM in Support of 27 MOTION to Strike 26 MOTION for Leave to Amicus Curie Brief filed by all plaintiffs. (Denegre, George)
July 18, 2006 Filing 27 MOTION to Strike 26 MOTION for Leave to Amicus Curie Brief by all plaintiffs. (Denegre, George) Additional attachment(s) added on 7/18/2006 (DMC, ). Modified on 7/18/2006 (DMC, )...corrected document attached. (DMC, ).
July 17, 2006 Filing 26 MOTION for Leave to Amicus Curie Brief Which is Opposed by Plaintiffs by John B. Thompson. (NLT, )
June 30, 2006 Filing 25 Reply MEMORANDUM in Support of 4 MOTION for Preliminary Injunction/Temporary Restraining Order filed by Entertainment Software Association, Entertainment Merchants Association. (NLT, )
June 30, 2006 Filing 24 Minute Entry for proceedings held before Judge James J. Brady : Motion Hearing held on 6/30/2006 re 4 MOTION for Preliminary Injunction filed by Entertainment Software Association,, Entertainment Merchants Association,, 19 MOTION to Dismiss Pursuant to FRCP Rules 12(b) (1) and (6) filed by Charles C. Foti, Jr., 19 MOTION to Dismiss Pursuant to FRCP Rules 12(b) (1) and (6) filed by Charles C. Foti, Jr.. is DENIED in all aspects except as to whether dft Charles c. Foti, Jr. is a proper dft in this matter. That portion of the mtn to dismiss is taken under advisement. The TRO previously issued herein shall remain in full force and effect until the court issues a written ruling on the motion for preliminary injunction. (Court Reporter S. Thompson.) (PAH, )
June 30, 2006 Opinion or Order Filing 23 ORDER granting 22 MOTION for Leave to File Reply Memorandum filed by Entertainment Software Association,, Entertainment Merchants Association, . Signed by Judge James J. Brady on 6/29/2006. (NLT, )
June 29, 2006 Filing 22 MOTION for Leave to File Reply Memorandum by all plaintiffs. (Attachments: # 1 Proposed Pleading; Reply Memo In Support of Plaintiffs' Motion for a Preliminary Injunction)(Denegre, George)
June 28, 2006 Opinion or Order Filing 21 90 DAY CONFERENCE ORDER: Scheduling Conference set for 10/12/2006 at 10:30 AM in chambers before Magistrate Judge Christine Noland. Status Report due by 10/2/2006.. Signed by Judge Christine Noland on 6/28/2006.(NLT, )
June 27, 2006 Filing 20 MEMORANDUM in Support of 19 MOTION to Dismiss Pursuant to FRCP Rules 12(b) (1) and (6) filed by Charles C. Foti, Jr. (Wilton, Patricia)
June 27, 2006 Filing 19 MOTION to Dismiss Pursuant to FRCP Rules 12(b) (1) and (6) by Charles C. Foti, Jr. (Wilton, Patricia)
June 27, 2006 Filing 18 ANSWER to Complaint (Opposition to Request for Injunctive Relief) by Charles C. Foti, Jr.(Wilton, Patricia)
June 23, 2006 Filing 17 SUMMONS Returned Executed by Entertainment Software Association, Entertainment Merchants Association. Doug Moreau served on 6/20/2006, answer due 7/10/2006. (Denegre, George)
June 23, 2006 Filing 16 SUMMONS Returned Executed by Entertainment Software Association, Entertainment Merchants Association. Charles C. Foti, Jr served on 6/20/2006, answer due 7/10/2006. (Denegre, George)
June 20, 2006 Opinion or Order Filing 15 ORDER granting 7 Motion for Katherine A. Fallow to Appear Pro Hac Vice . Signed by Judge Christine Noland on 6/20/2006. (NLT, )
June 20, 2006 Opinion or Order Filing 14 ORDER granting 8 Motion for Paul M. Smith to Appear Pro Hac Vice . Signed by Judge Christine Noland on 6/20/2006. (NLT, )
June 20, 2006 Opinion or Order Filing 13 ORDER granting 9 Motion to Continue. Hearing on Pla's Request for a Preliminary Injunction set for 6/30/2006 at 09:00 AM before Judge James J. Brady.. Signed by Judge James J. Brady on 6/20/06. (DCB, )
June 20, 2006 Opinion or Order Filing 12 ORDER RE: 1 Motion for Preliminary Injunction...Dfts shall file a written response on or before 6/27/06 . Signed by Judge James J. Brady on 6/20/06.(DCB, )
June 20, 2006 Filing 11 MEMORANDUM in Support of 1 Complaint, 10 Status Conference, Plaintiff's Motion for Preliminary Injunction filed by all plaintiffs. (Attachments: # 1 Exhibit Declaration of Lowenstein# 2 Exhibit Declaration of Andersen# 3 Exhibit Declaration of Price# 4 Attachment Declaration of Hellman with Notice of Manual Attachment# 5 Attachment Order)(Denegre, George) Additional attachment(s) added on 6/22/2006 (JDL, ).
June 20, 2006 PRO HAC VICE FEE PAID on 6/20/2006 for attorney George Denegre Jr regarding: 7 MOTION for Katherine A. Fallow to Appear Pro Hac Vice (Fee not paid at time of filing), 8 MOTION for Paul M. Smith to Appear Pro Hac Vice (Fee not paid at time of filing). Fee of $50.00, Receipt Number 4699003255. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (jdl)
June 19, 2006 Filing 9 Unopposed MOTION to Continue Preliminary Injunction Hearing by all plaintiffs. (Attachments: # 1 Proposed Pleading; Order)(Denegre, George)
June 19, 2006 Filing 8 MOTION for Paul M. Smith to Appear Pro Hac Vice (Fee not paid at time of filing) by all plaintiffs. (Attachments: # 1 Affidavit of Paul Smith/Certificate of Good Standing)(Denegre, George)
June 19, 2006 Filing 7 MOTION for Katherine A. Fallow to Appear Pro Hac Vice (Fee not paid at time of filing) by all plaintiffs. (Attachments: # 1 Exhibit Affidavit/Certificate of Good Standing)(Denegre, George)
June 16, 2006 MOTION for Preliminary Injunction by Entertainment Software Association, Entertainment Merchants Association. (NLT, )... MOTION ORIGINALLY FILED WITHIN THE COMPLAINT - FOR IMAGE SEE DOC. #1
June 16, 2006 Filing 10 Minute Entry/Notice to Counsel for proceedings held before Judge James J. Brady : Unscheduled Status Conference held on 6/16/2006... The court entered a temporary restraining order and set a hearing on the preliminary injunction for Tuesday, June 27, 2006, at 9:00 a.m. (NLT, )
June 16, 2006 Opinion or Order Filing 6 ORDER granting 4 Motion for Temporary Restraining Order . Signed by Judge James J. Brady on 6/16/2006. (NLT, )
June 16, 2006 Filing 5 MEMORANDUM in Support of 4 MOTION for Temporary Restraining Order filed by Entertainment Software Association, Entertainment Merchants Association. (NLT, )
June 16, 2006 Filing 4 MOTION for Temporary Restraining Order by Entertainment Software Association, Entertainment Merchants Association. (NLT, )
June 16, 2006 Filing 3 Local Rule 65.1 Certificate of Furnishing Notice of Filing to Defendant's Counsel by Entertainment Software Association, Entertainment Merchants Association (NLT, )
June 16, 2006 Filing 2 Corporate Disclosure Statement by Entertainment Software Association, Entertainment Merchants Association identifying No Corporate Parent (NLT, )
June 16, 2006 Filing 1 COMPLAINT against Charles C. Foti, Jr, Doug Moreau ( Filing fee $ 350.00 receipt number 4699003227.), filed by Entertainment Software Association, Entertainment Merchants Association.(NLT, )
June 16, 2006 Summons Issued as to Charles C. Foti, Jr, Doug Moreau. (This is a TEXT ENTRY ONLY. There is no hyperlink or PDF document associated with this entry.) (NLT, )

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Plaintiff: Entertainment Software Association
Represented By: Paul M. Smith
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Plaintiff: Entertainment Merchants Association
Represented By: Paul M. Smith
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Defendant: Doug Moreau
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