IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLORADO

 

FREE SPEECH COALITION, et al., :

Plaintiffs, :

 

v.                                                                     Case No. 05-CV-1126-WDM-BNB

Honorable Walker Miller

ALBERTO GONZALES,                                 

 

Defendant. :

STIPULATION REGARDING

MOTION FOR TEMPORARY RESTRAINING ORDER

 

The parties, by through the their respective counsel, hereby enter into the following stipulation regarding the Plaintiffs’ motion for temporary restraining order. The parties agree as follows:

 

1. The Court will forego ruling on the pending motion for temporary restraining order, treat the motion as a motion for preliminary injunction, and will take up scheduling matters at the time of hearing for temporary restraining order on June 23, 2005, 1:30 P.M.

2. From the date of this agreement until no later than 30 days after the date of the hearing on the motion for preliminary injunction or the date of a decision on the motion, whichever comes first, unless otherwise extended by the Court, the Government agrees: (1) not to conduct any inspections, with regard to the Plaintiffs and their members, under 18 U.S.C. section 2257 and the Attorney General’s new implementing regulations; and (2) not to pursue any claim against Plaintiffs and their members under 18 U.S.C. section 2257 and the Attorney General’s new implementing regulations.

 

3. The Government takes the position that the regulations codified at 28 CFR, part 75, et seq., are in effect as of June 23, 2005, and reserves the right, after the expiration of this agreement or the denial of a preliminary injunction, to prosecute or otherwise commence enforcement proceedings with respect to any violation that occurs on or after June 23, 2005 (including any violation that may occur during the period of this agreement).

 

4. The parties mutually propose that the hearing on preliminary injunction occur as close as practicable to one month from the date of this agreement, subject to the Court’s schedule and as convenience permits.

 

5. By June 29, 2005, Plaintiff Free Speech Coalition, Inc., agrees to provide to a Special Master appointed by the Court a list of the names of those persons or entities who were members of Plaintiff Free Speech Coalition, Inc., as of June 25, 2005, at 2 p.m. The Government shall not be provided with the names of such persons, but shall instead consult with the Special Master before conducting any inspections under 18 U.S.C. 2257 and its implementing regulations, in order to ensure that such inspection would not involve a member of the Free Speech Coalition, Inc. Plaintiff Free Speech Coalition, Inc., shall bear all costs associated with this Special Master. For purposes of paragraph 2, “the Plaintiffs” shall mean persons or entities on the list, Plaintiff Free Speech Coalition, Inc., as an organization, Plaintiff Free Speech Coalition of Colorado as an organization, David Connors, and Lenjo, Inc. D/B/A New Beginnings Ltd.

Dated: June 24, 2005

/s/ Michael W. Gross

ARTHUR M. SCHWARTZ

MICHAEL W. GROSS

 

 

Schwartz & Goldberg, P.C.

1225 17th Street, Suite 1600

Denver, Colorado 80202

(303) 893-2500

 

PAUL J. CAMBRIA, JR.

ROGER W. WILCOX, JR.

Lipsitz, Green, Fahringer, Roll, Salisbury & Cambria

42 Delaware Avenue

Buffalo, New York 14202

(716) 849-1333

H. LOUIS SIRKIN

JENNIFER M. KINSLEY

Sirkin Pinales & Schwartz LLP

105 West Fourth Street, Suite 920

Cincinnati, Ohio 45202

(513) 721-4876

 

Counsel for Plaintiffs

PETER D. KEISLER

Assistant Attorney General

CARL J. NICHOLS

Deputy Assistant Attorney General

 

WILLIAM J. LEONE

Acting United States Attorney

 

/s/ Kurt J. Bohn

KURT J. BOHN, Assistant United States Attorney

 

VINCENT M. GARVEY

Deputy Branch Director

 

SAMUEL C. KAPLAN,

Trial Attorney

United States Department of Justice, Civil Division

Federal Programs Branch

P.O. Box 883

Washington D.C. 20044

20 Massachusetts Avenue

Room 7302

Washington, D.C. 20001

(202) 514- 4686

(202) 616-8202 fax

Counsel for Defendant

 

APPROVED BY THE COURT

Walker D. Miller

United States District Court Judge

District of Colorado