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