Powell's Books, Inc. et al v. Myers et al
| Powell's Books, Inc., Old Multnomah Book Store, Ltd., Dark Horse Comics, Inc., Colette's: Good Food + Hungry Minds, LLC, Bluejay, Inc., St. Johns Booksellers, LLC, Twenty-Third Avenue Books, American Booksellers Foundation for Free Expression, Association of American Publishers, Inc., Freedom to Read Foundation Inc., Comic Book Legal Defense Fund, Candace Morgan, Planned Parenthood of the Columbia/Willamette, Inc., Cascade AIDS Project and American Civil Liberties Union of Oregon, Inc. |
| Hardy Myers, Matt Shirtcliff, John Haroldson, John Foote, Joshua Marquis, Steve Atchison, Paul Frasier, Gary Williams, Everett Dial, Michael Dugan, Jack Banta, Marion Weatherford, Ryan Joslin, Tim Colahan, John Sewell, Mark Huddleston, Peter L. Deuel, Stephen D. Campbell, Edwin I. Caleb, David A. Schutt, Douglass Harcleroad, Bernice Barnett, Jason Carlile, Dan Norris, Walter M. Beglau, Elizabeth Ballard, Michael D. Schrunk, John Fisher, Wade D. McLeod, William Bryan Porter, Dean Gushwa, Tim Thompson, Daniel Ousley, Eric J. Nisley, Robert Hermann, Thomas W. Cutsforth and Brad Berry |
| 3:2008cv00501 |
| April 25, 2008 |
| US District Court for the District of Oregon |
| Portland Office |
| Multnomah |
| Michael W. Mosman |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Constitutionality of State Statute(s) |
| None |
Docket Report
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| Filing 65 Order from USCA for the 9th Circuit. USCA Case 09-35153. Plaintiffs are awarded attorneys fees on appeal. We leave for the district court the issue of fees in that court. The determination of the amount of the attorneys fees is transferred to the district court. (sd) |
| Filing 64 Motion for Stay Attorney Fee and Cost Proceedings. Filed by All Plaintiffs. (Runkles-Pearson, P.K.) |
| Filing 63 MANDATE of USCA for the 9th Circuit re Notice of Appeal (# 52 ), Notice of Appeal (# 54 ), USCA #09-35153 and 09-35154. The judgment of this Court, entered September 20, 2010, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. Costs are awarded to the appellant in the amount of $90.01. The decision of the District Court is REVERSED. (eo) |
| Filing 62 Opinion from the USCA regarding Notice of Appeal 52 and Notice of Appeal 54 . (din) |
| Filing 61 Record on Appeal sent to the 9th Circuit Court of Appeals regarding Notice of Appeal (# 54 ), Notice of Appeal (# 52 ), Court of Appeals case number 09-35153. (eo) |
| Filing 60 Certificate of Record transmitted to USCA for the 9th Circuit re Notice of Appeal 54 filed by Candace Morgan, et al on 2/4/09. (tomg) |
| Filing 59 Certificate of Record transmitted to USCA for the 9th Circuit re Notice of Appeal 52 filed by Powell's Books on 2/3/09. (tomg) |
| Filing 58 Transcript of Proceedings Preliminary Injunction Hearing held on 6/23/08 before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) |
| Filing 57 Transcript of Proceedings Oral Argument held on 10/3/08 before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway.. (cib) |
| Filing 56 Transcript Designation and Order Form for the hearing held on June 23, 2008 and October 3, 2008 before Judge Mosman. Court Reporter: Bonita Shumway.. Filed by Candace Morgan, Planned Parenthood of the Columbia/Willamette, Inc., Cascade AIDS Project, American Civil Liberties Union of Oregon, Inc.. (Runkles-Pearson, P.K.) |
| Filing 55 Transcript Designation and Order Form for the hearing held on 10/3/08 before Judge Michael W. Mosman. Court Reporter: Bonita J. Shumway. Filed by all plaintiffs. (cib) |
| Notification of Appeal (Plaintiffs') 52 sent to USCA for the 9th Circuit and to counsel along with a copy of the docket sheet. (CADS mailed to Court of Appeals). (tomg) |
| Notification of (Candace Morgan, Planned Parenthood, et al) Notice of Appeal 54 sent to USCA for the 9th Circuit and to counsel along with a copy of the docket sheet. CADS mailed to Court of Appeals. (tomg) |
| USCA Appeal Fees re (Candace Morgan, Planned Parenthood, et al) Notice of Appeal 54 : Received Fee in amount of $ 455.00. Receipt number 25200 issued. (tomg) |
| USCA Appeal Fees re (Plaintiffs') Notice of Appeal 52 : Received Fee in amount of $ 455.00. Receipt number 25199 issued. (tomg) |
| Filing 54 Notice of Appeal to the 9th Circuit from Judgment,, 51 . Filed by Candace Morgan, Planned Parenthood of the Columbia/Willamette, Inc., Cascade AIDS Project, American Civil Liberties Union of Oregon, Inc.. (Runkles-Pearson, P.K.) |
| Filing 53 Order. Plaintiff's books as exhibits for the motion for preliminary injunction and the motion for permanent injunction, returned to counsel. Ordered by Judge Michael W. Mosman. (dls) |
| Filing 52 Notice of Appeal to the 9th Circuit of Plaintiffs Powells Books, Inc.; Old Multnomah Book Store, Ltd. d/b/a Annie Blooms Books; Dark Horse Comics, Inc.; Colettes: Good Food + Hungry Minds LLC; Bluejay, Inc. d/b/a Paulina Springs Books; St. Johns Booksellers LLC; American Booksellers Foundation for Free Expression; Association of American Publishers, Inc.; Freedom to Read Foundation Inc.; and Comic Book Legal Defense Fund. Filed by American Booksellers Foundation for Free Expression. (Bamberger, Michael) |
| Filing 51 Judgment. NOW, THEREFORE, IT IS HEREBY ADJUDGED as follows:(1) ORS 167.054 and 167.057, as interpreted by the court in its Opinion and Order, are not substantially overbroad under the First and Fourteenth Amendments to the United States Constitution; (2) ORS 167.054 and 167.057, as interpreted by the court in its Opinion and Order, are not unconstitutionally vague under the Fifth and Fourteenth Amendments to the United StatesConstitution; (3) ORS 167.054 and 167.057, as interpreted by the court in its Opinion and Order, are not facially invalid; (4) Plaintiffs' complaint is dismissed with prejudice, plaintiffs taking nothing thereby. Signed on 1/6/09 by Judge Michael W. Mosman. (dls) |
| Filing 50 Proposed Form of Order Submitted (titled Judgment). Filed by all defendants. (Casper, Michael) |
| Filing 49 Record of Order by Michael W. Mosman. Defendant's to prepare the judgment for signature by 12/19/2008. Ordered by Judge Michael W. Mosman. (dls) |
Filing 48
OPINION AND ORDER: Based on the foregoing, Powell's Books's Motion for Permanent Injunction and Declaration of Unconstitutionality 36 is DENIED. Signed on 12/12/08 by Judge Michael W. Mosman. (dls)
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| Filing 47 Record Order by Michael W. Mosman. On the court's motion order extending pretrial deadlines. Discovery is to be completed by 1/22/2009. Joint Alternate Dispute Resolution Report is due by 2/23/2009. Pretrial Order is due by 2/23/2009. Ordered by Judge Michael W. Mosman. (dls) |
| Filing 46 MINUTES of Proceedings: Motion Hearing regarding Plaintiff's Motion for Permanent Injunction and Declaration of Unconstitutionality, # 36 . Motion is taken under advisement as of 10/3/2008. P.K. Runkles-Pearson, Michael Bamberger present as counsel for plaintiff(s). Michael Casper, Katherine Geoges present as counsel for defendant(s). Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (Related document(s): Motion for Permanent Injunction 36 .) (da) |
| Filing 45 Reply in Support of to Motion for Permanent Injunction and Declaration of Unconstitutionality 36 Oral Argument requested. Filed by all plaintiffs. (Runkles-Pearson, P.K.) |
| Filing 44 Memorandum in Opposition to Plaintiffs' Motion for a Permanent Injunction to Motion for Permanent Injunction and Declaration of Unconstitutionality 36 . Filed by all defendants. (Casper, Michael) |
| Filing 43 Supplemental Declaration of Christopher Finan. Filed by all plaintiffs. (Related document(s): Motion for Permanent Injunction 36 .) (Attachments: # 1 Attachment A# 2 Attachment B) (Runkles-Pearson, P.K.) |
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Filing 42
ORDER: GRATNING Motion for Extension of Time 41 . Supplemental Brief is due by 8/8/2008. Ordered by Judge Michael W. Mosman. (dls)
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| Filing 41 Unopposed Motion for Extension of Time to File Supporting Material. Filed by all plaintiffs. (Runkles-Pearson, P.K.) |
| Filing 40 Declaration of DR. MARK NICHOLS in Support of Plaintiffs' Request for Declaration of Unconstitutionality and Permanent Injunction. Filed by all plaintiffs. (Related document(s): Motion for Permanent Injunction 36 .) (Runkles-Pearson, P.K.) |
| Filing 39 Declaration of CAMELIA HISON in Support of Plaintiffs' Request for Declaration of Unconstitutionality and Permanent Injunction. Filed by all plaintiffs. (Related document(s): Motion for Permanent Injunction 36 .) (Runkles-Pearson, P.K.) |
| Filing 38 Declaration of DR. RICHARD S. COLMAN in Support of Plaintiff's Request for Declaration of Unconstitutionality and Permanent Injunction. Filed by all plaintiffs. (Related document(s): Motion for Permanent Injunction 36 .) (Runkles-Pearson, P.K.) |
| Filing 37 Memorandum in Support of Request for Declaration of Unconstitutionality and Permanent Injunction. Filed by all plaintiffs. (Related document(s): Motion for Permanent Injunction 36 .) (Attachments: # 1 Appendix A# 2 Appendix B) (Runkles-Pearson, P.K.) |
| Filing 36 Motion for Permanent Injunction and Declaration of Unconstitutionality. ORAL ARGUMENT requested. Filed by all plaintiffs. (Runkles-Pearson, P.K.) |
| Filing 35 Answer to Amended Complaint. Filed by Hardy Myers, Matt Shirtcliff, John Haroldson, John Foote, Joshua Marquis, Steve Atchison, Paul Frasier, Gary Williams, Everett Dial, Michael Dugan, Jack Banta, Marion Weatherford, Ryan Joslin, Tim Colahan, John Sewell, Mark Huddleston, Peter L. Deuel, Stephen D. Campbell, Edwin I. Caleb, David A. Schutt, Douglass Harcleroad, Bernice Barnett, Jason Carlile, Dan Norris, Walter M. Beglau, Elizabeth Ballard, Michael D. Schrunk, John Fisher, Wade D. McLeod, William Bryan Porter, Dean Gushwa, Tim Thompson, Daniel Ousley, Eric J. Nisley, Robert Hermann, Thomas W. Cutsforth, Brad Berry. (Georges, Katherine) |
| Filing 34 MINUTES of Proceedings: Preliminary Injunction Hearing. Order DENYING Motion for Preliminary Injunction 2 as stated on the record. Order SETTING Permanent Injunction Hearing for 10/3/2008 at 10:00AM in Portland before Judge Michael W. Mosman. Plaintiffs' brief is due 7/31/2008. Defendants' response is due 8/29/2008. Plaintiffs' reply is due 9/12/2008. Michael Bamberger and P.K. Runkles-Pearson present as counsel for plaintiffs. Katherine Georges and Michael Casper present as counsel for defendants. Court Reporter: Bonita Shumway. Michael W. Mosman presiding. (mjp) |
| Filing 33 Declaration of Andrea Meyer in Support of Plaintiffs' Reply in Support of Motion for Preliminary Injunction. Filed by all plaintiffs. (Related document(s): Reply to Motion 32 .) (Attachments: # 1 Exhibit A and B) (Runkles-Pearson, P.K.) |
| Filing 32 Reply in Support to Motion for Preliminary Injunction 2 . Filed by all plaintiffs. (Runkles-Pearson, P.K.) |
| Filing 31 Amended Declaration of Allan R. Adler (amended to add missing page 3 only). Filed by all plaintiffs. (Related document(s): Motion for Preliminary Injunction 2 .) (Runkles-Pearson, P.K.) |
| Filing 30 Declaration of Michael A. Casper. Filed by all defendants. (Related document(s): Memorandum in Opposition 29 .) (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6) (Casper, Michael) |
| Filing 29 Memorandum in Opposition to Motion for Preliminary Injunction 2 . Filed by all defendants. (Casper, Michael) |
| Filing 28 Acknowledgement of Service of Amended Complaint,, 27 (titled Acceptance of Service) Filed by all defendants. (Casper, Michael) |
| Filing 27 Amended Complaint for Declaratory and Injunctive Relief.Filed by Bluejay, Inc., St. Johns Booksellers, LLC, Twenty-Third Avenue Books, American Booksellers Foundation for Free Expression, Association of American Publishers, Inc., Freedom to Read Foundation Inc., Comic Book Legal Defense Fund, Candace Morgan, Planned Parenthood of the Columbia/Willamette, Inc., Powell's Books, Inc., Cascade AIDS Project, American Civil Liberties Union of Oregon, Inc., Old Multnomah Book Store, Ltd., Dark Horse Comics, Inc., Colette's: Good Food + Hungry Minds, LLC against all defendants. (Runkles-Pearson, P.K.) |
| Filing 26 Scheduling Order by Michael W. Mosman. Oral Argument is set for 6/23/2008 at 10:00AM in Portland before Judge Michael W. Mosman, for Plaintiffs' Motion for Preliminary Injunction (#2). Ordered by Judge Michael W. Mosman. (dls) |
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Filing 25
ORDER: GRANTING Motion for Extension of Time 22 . Response is due by 6/2/2008; Reply is due by 6/16/2008, for Plaintiffs' Motion for Preliminary Injunction. Ordered by Judge Michael W. Mosman. (dls)
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| Filing 24 Notice of Association of Attorney.Filed by all defendants. (Georges, Katherine) |
| Filing 23 Affidavit of Michael A. Casper in Support of Motion. Filed by all defendants. (Related document(s): Motion for Extension of Time 22 .) (Casper, Michael) |
| Filing 22 Unopposed Motion for Extension of Time (titled Unopposed Motion to Extend and Adopt Briefing Schedule). Filed by all defendants. (Casper, Michael) |
| Filing 21 Order Granting Application for Special Admission Pro Hac Vice of Michael A. Bamberger for St. Johns Booksellers, LLC and Twenty-Third Avenue Books. Application Fee in amount of $100 collected. Receipt No. 20946 issued. Signed on 4/29/08 by Judge Michael W. Mosman. (cib) |
| Filing 20 Order Granting Application for Special Admission Pro Hac Vice of Rachel G. Balaban for St. Johns Booksellers, LLC and Twenty-Third Avenue Books. Application Fee in amount of $100 collected. Receipt No. 20947 issued. Signed on 4/29/08 by Judge Michael W. Mosman. (cib) |
| Filing 19 Discovery and Pretrial Scheduling Order and Notice of Case Assignment to the Honorable Michael W. Mosman. Discovery is to be completed by 8/25/2008. Joint Alternate Dispute Resolution Report is due by 9/22/2008. Pretrial Order is due by 9/22/2008. Ordered by Judge Michael W. Mosman. (eo) |
| Filing 18 Declaration of Brad Smith. Filed by all plaintiffs. (eo) |
| Filing 17 Declaration of Solena Rawdah. Filed by all plaintiffs. (eo) |
| Filing 16 Declaration of Stephanie Griffin. Filed by all plaintiffs. (eo) |
| Filing 15 Declaration of Christopher Finan. Filed by all plaintiffs. (eo) |
| Filing 14 Declaration of Allan R. Adler. Filed by all plaintiffs. (eo) |
| Filing 13 Declaration of Judith Krug. Filed by all plaintiffs. (eo) |
| Filing 12 Declaration of Charles Brownstein. Filed by all plaintiffs. (eo) |
| Filing 11 Declaration of Candace Morgan. Filed by all plaintiffs. (eo) |
| Filing 10 Declaration of David Greenberg. Filed by all plaintiffs. (eo) |
| Filing 9 Declaration of Rebecca Harmon. Filed by all plaintiffs. (eo) |
| Filing 8 Declaration of David Findanque. Filed by all plaintiffs. (eo) |
| Filing 7 Declaration of Michael Powell. Filed by all plaintiffs. (eo) |
| Filing 6 Declaration of William Peters. Filed by all plaintiffs. (eo) |
| Filing 5 Declaration of Ken Lizzi. Filed by all plaintiffs. (eo) |
| Filing 4 Declaration of Jessica L. Lloyd-Rogers. Filed by all plaintiffs. (eo) |
| Filing 3 Plaintiffs' Memorandum of Law in Support of Motion for a Preliminary Injunction. Filed by all plaintiffs. (eo) |
| Filing 2 Plaintiffs' Motion for Preliminary Injunction. Filed by all plaintiffs. (eo) |
| Filing 1 Complaint for Declaratory and Injunctive Relief. Filing Fee in amount of $350 collected. Receipt No. 20943 issued. Summons issued as to Robert Hermann, Brad Berry, Thomas W. Cutsforth, Eric J. Nisley, Daniel Ousley, William Bryan Porter, Wade M. McLeod, John Fisher, Michael D. Schrunk, Elizabeth Ballard, Walter M. Beglau, Dan Norris, Bernice Barnett, F. Douglass Harcleroad, David A. Schutt, John Haroldson, John Foote, Joshua Marquis, Steve Atchison, Paul Frasier, Gary Williams, Everett Dial, Michael Dugan, Jack Banta, Marion Weatherford, Ryan Joslin, Tim Colahan, John Sewell, Mark Huddleston, Peter L. Deuel, Stephen D. Campbell, Edwin I. Caleb, Matt Shirtcliff, and Hardy Myers. Jury Trial Requested: No. Filed by St. Johns Booksellers, LLC, Twenty-Third Avenue Books, American Booksellers Foundation for Free Expression, Association of American Publishers, Inc., Freedom to Read Foundation Inc., Comic Book Legal Defense Fund, Planned Parenthood of the Columbia/Willamette, Inc., Powell's Books, Inc., Cascade AIDS Project, American Civil Liberties Union of Oregon, Inc., Old Multnomah Book Store, Ltd., Dark Horse Comics, Inc., Colette's: Good Food + Hungry Minds, LLC against all defendants. (eo) |
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