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.
Date Filed
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#
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Docket Text
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| June 16, 2006 |
1
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COMPLAINT against Charles C. Foti, Jr, Doug Moreau ( Filing fee $ 350.00 receipt number 4699003227.), filed by Entertainment Software Association, Entertainment Merchants Association.(NLT,
) (Entered: June 16, 2006)
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| June 16, 2006 |
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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, ) (Entered: June 16, 2006)
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| June 16, 2006 |
2
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Corporate Disclosure Statement by Entertainment Software Association, Entertainment Merchants Association identifying No Corporate Parent (NLT, ) (Entered: June 16, 2006)
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| June 16, 2006 |
3
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Local Rule 65.1 Certificate of Furnishing Notice of Filing to Defendant's Counsel by Entertainment Software Association, Entertainment Merchants Association (NLT, ) (Entered: June 16, 2006)
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| June 16, 2006 |
4
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MOTION for Temporary Restraining Order by Entertainment Software Association, Entertainment Merchants Association. (NLT, ) (Entered: June 16, 2006)
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| June 16, 2006 |
5
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MEMORANDUM in Support of 4 MOTION for Temporary Restraining Order filed by
Entertainment Software Association, Entertainment Merchants Association. (NLT, ) (Entered: June 16, 2006)
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| June 16, 2006 |
6
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ORDER granting 4 Motion for Temporary Restraining Order . Signed by Judge
James J. Brady on 6/16/2006. (NLT, ) (Entered: June 16, 2006)
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| June 16, 2006 |
10
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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, ) (Entered: June 20, 2006)
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| June 16, 2006 |
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MOTION for Preliminary Injunction by Entertainment Software Association, Entertainment Merchants Association. (NLT, )... MOTION ORIGINALLY FILED WITHIN THE COMPLAINT - FOR IMAGE SEE DOC. #1
(Entered: August 9, 2006)
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| June 19, 2006 |
7
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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) (Entered:
06/19/2006)
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| June 19, 2006 |
8
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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) (Entered:
06/19/2006)
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| June 19, 2006 |
9
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Unopposed MOTION to Continue Preliminary Injunction Hearing by all plaintiffs. (Attachments: # 1 Proposed Pleading; Order)(Denegre, George) (Entered: June 19, 2006)
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| June 20, 2006 |
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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) (Entered: June 20, 2006)
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| June 20, 2006 |
11
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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, ). (Entered: June 20, 2006)
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| June 20, 2006 |
12
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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, ) (Entered: June 20, 2006)
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| June 20, 2006 |
13
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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, ) (Entered: June 21, 2006)
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| June 20, 2006 |
14
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ORDER granting 8 Motion for Paul M. Smith to Appear Pro Hac Vice . Signed by
Judge Christine Noland on 6/20/2006. (NLT, ) (Entered: June 21, 2006)
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| June 20, 2006 |
15
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ORDER granting 7 Motion for Katherine A. Fallow to Appear Pro Hac Vice .
Signed by Judge Christine Noland on 6/20/2006. (NLT, ) (Entered: June 21, 2006)
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| June 23, 2006 |
16
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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)
(Entered: June 23, 2006)
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| June 23, 2006 |
17
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SUMMONS Returned Executed by Entertainment Software Association, Entertainment Merchants Association. Doug Moreau served on 6/20/2006, answer due 7/10/2006. (Denegre, George) (Entered:
06/23/2006)
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| June 27, 2006 |
18
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ANSWER to Complaint (Opposition to Request for Injunctive Relief) by Charles C. Foti, Jr.(Wilton, Patricia) (Entered: June 27, 2006)
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| June 27, 2006 |
19
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MOTION to Dismiss Pursuant to FRCP Rules 12(b) (1) and (6) by Charles C. Foti, Jr. (Wilton, Patricia) (Entered: June 27, 2006)
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| June 27, 2006 |
20
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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) (Entered: June 27, 2006)
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| June 28, 2006 |
21
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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, ) (Entered: June 28, 2006)
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| June 29, 2006 |
22
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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) (Entered: June 29, 2006)
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| June 30, 2006 |
23
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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, ) (Entered: June 30, 2006)
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| June 30, 2006 |
24
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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, ) (Entered: July 5, 2006)
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| June 30, 2006 |
25
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Reply MEMORANDUM in Support of 4 MOTION for Preliminary Injunction/Temporary
Restraining Order filed by Entertainment Software Association, Entertainment Merchants Association. (NLT, ) (Entered: July 10, 2006)
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| July 17, 2006 |
26
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MOTION for Leave to Amicus Curie Brief Which is Opposed by Plaintiffs by John B. Thompson. (NLT, ) (Entered: July 17, 2006)
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| July 18, 2006 |
27
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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, ). (Entered: July 18, 2006)
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| July 18, 2006 |
28
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MEMORANDUM in Support of 27 MOTION to Strike 26 MOTION for Leave to Amicus Curie Brief filed by all plaintiffs. (Denegre,
George) (Entered: July 18, 2006)
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| July 18, 2006 |
29
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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, ) (Entered: July 19, 2006)
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| July 19, 2006 |
30
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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, ) (Entered: July 19, 2006)
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| July 25, 2006 |
31
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TRANSCRIPT of Oral Argument Proceedings held on 6/30/06 before Judge JJB. Court Reporter: SLT. (HCJ, ) (Entered: July 26, 2006)
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| August 1, 2006 |
32
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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) (Entered: August 1, 2006)
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| August 9, 2006 |
33
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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, )
(Entered: August 9, 2006)
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| August 9, 2006 |
34
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Supplemental MEMORANDUM in Support of MOTION for Preliminary Injunction filed by Entertainment Software Association, Entertainment Merchants Association. (NLT, ) (Entered: August 9, 2006)
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| August 10, 2006 |
35
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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, ) (Entered: August 14, 2006)
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| August 15, 2006 |
36
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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, ). (Entered: August 16, 2006)
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| August 17, 2006 |
37
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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) (Entered: August 17, 2006)
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| August 22, 2006 |
39
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RESPONSE to 37 Supplemental Memorandum in Support of Memo On Dft Class
Issue... filed by Charles C. Foti, Jr. (SAH, ) (Entered: August 23, 2006)
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| August 23, 2006 |
38
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Exhibit List of hearing held on 6/30/2006. (HCJ, ) (Entered: August 23, 2006)
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| August 24, 2006 |
40
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RULING granting19 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, ) (Entered: August 24, 2006)
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| August 30, 2006 |
41
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MOTION for Summary Judgment by all plaintiffs. (Denegre, George) (Entered: August 30, 2006)
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| August 30, 2006 |
42
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MEMORANDUM in Support of 41 MOTION for Summary Judgment filed by all
plaintiffs. (Denegre, George) (Entered: August 30, 2006)
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| August 30, 2006 |
43
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Statement of Material Facts filed by all plaintiffs. (Denegre, George) (Entered: August 30, 2006)
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| August 30, 2006 |
44
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MOTION to Certify Class by all plaintiffs. (Denegre, George) (Entered: August 30, 2006)
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| August 30, 2006 |
45
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MEMORANDUM in Support of 44 MOTION to Certify Class filed by all
plaintiffs. (Attachments: # 1 Exhibit)(Denegre, George) (Entered:
08/30/2006)
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| August 30, 2006 |
46
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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, ) (Entered: August 30, 2006)
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| August 31, 2006 |
47
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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, ) (Entered: August 31, 2006)
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| August 31, 2006 |
48
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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... (Entered: August 31, 2006)
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| September 5, 2006 |
49
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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, ) (Entered: September 5, 2006)
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| September 28, 2006 |
50
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STATUS REPORT by all parties. (Denegre, George) (Entered: September 28, 2006)
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| October 5, 2006 |
51
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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, ) (Entered: October 5, 2006)
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| November 29, 2006 |
52
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Minute Entry for proceedings held before Judge James J. Brady : Motion Hearing held on 11/29/2006 re 44 MOTION to Certify Class and41 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, ) (Entered: November 30, 2006)
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| December 4, 2006 |
53
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FINAL JUDGMENT . Signed by Judge James J. Brady on 12/01/06.(PAH, ) (Entered: December 5, 2006)
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| December 18, 2006 |
54
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MOTION for Attorney Fees and Costs by all plaintiffs. (Brown, James) (Entered: December 18, 2006)
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| December 18, 2006 |
55
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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, ). (Entered: December 18, 2006)
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| December 18, 2006 |
56
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Notice of Docket Entry Modification by Deputy Clerk regarding 55 Memorandum
in Support of Motion - Correct Document attached. (NLT, ) (Entered: December 18, 2006)
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| December 19, 2006 |
57
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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, ).
(Entered: December 19, 2006)
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| January 4, 2007 |
58
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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) (Entered:
01/04/2007)
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| January 5, 2007 |
59
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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, ) (Entered: January 5, 2007)
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| January 5, 2007 |
60
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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, ). (Entered: January 5, 2007)
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| January 8, 2007 |
61
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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, ) (Entered: January 8, 2007)
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| January 8, 2007 |
62
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Supplemental MEMORANDUM in Support of 54 MOTION for Attorney Fees and
Costs filed by Entertainment Software Association, Entertainment Merchants Association. (BP, ) (Entered: January 8, 2007)
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| January 12, 2007 |
63
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MOTION to Substitute Scott G. Vincent in place of David G. Sanders as Attorney by Charles C. Foti, Jr. (Vincent, Scott) (Entered: January 12, 2007)
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| January 12, 2007 |
64
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MOTION for Extension of Time to File Response to 54 MOTION for Attorney
Fees and Costs by Charles C. Foti, Jr. (Vincent, Scott) (Entered: January 12, 2007)
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| January 16, 2007 |
65
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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, ) (Entered: January 16, 2007)
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| January 16, 2007 |
66
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MEMORANDUM in Opposition to 54 MOTION for Attorney Fees and Costs
filed by Charles C. Foti, Jr. (Vincent, Scott) (Entered: January 16, 2007)
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| January 16, 2007 |
68
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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, ) (Entered: January 17, 2007)
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| January 17, 2007 |
67
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MOTION for Oral Argument on 54 MOTION for Attorney Fees and Costs by
Charles C. Foti, Jr. (Vincent, Scott) (Entered: January 17, 2007)
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| January 31, 2007 |
69
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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) (Entered: January 31, 2007)
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| February 9, 2007 |
70
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MOTION for Leave to File Supplemental Opposition Memorandum by Charles C. Foti, Jr. (Attachments: # 1 Proposed Pleading; Supplemental Opposition Memorandum)(Vincent, Scott) (Entered:
02/09/2007)
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| February 9, 2007 |
71
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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, ) (Entered: February 9, 2007)
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| February 9, 2007 |
72
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SUPPLEMENTAL MEMORANDUM in Opposition to 54 MOTION for Attorney Fees and
Costs filed by Charles C. Foti, Jr. (PAH, ) (Entered: February 9, 2007)
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| February 12, 2007 |
73
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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) (Entered: February 12, 2007)
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| February 13, 2007 |
74
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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, ) (Entered: February 14, 2007)
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| February 13, 2007 |
75
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RESPONSE to 72 Memorandum in Opposition to Motion filed by Entertainment
Software Association, Entertainment Merchants Association. (PAH, ) (Entered: February 14, 2007)
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| April 10, 2007 |
76
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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,
) (Entered: April 10, 2007)
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| August 3, 2007 |
77
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Costs Taxed in amount of $ 2,621.53 against defendants (DGG, ) (Entered: August 3, 2007)
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| August 6, 2007 |
78
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AMENDED Taxation of Costs in amount of $ 2,621.53 against defendants. Previous Taxation of Costs filed 8/3/07 vacated. (DGG, ) (Entered: August 6, 2007)
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