ALEXANDER v. CAHILL

No. 5:07-CV-117 (FJS/GHL).

634 F.Supp.2d 239 (2009)

James L. ALEXANDER; Alexander & Catalano LLC; and Public Citizen, Inc., Plaintiffs, v. Thomas J. CAHILL, in his official capacity as Chief Counsel for the Departmental Disciplinary Committee for the Appellate Division of the New York State Court of Appeals, First Department; Diana Maxfield Kearse, in her official capacity as Chief Counsel for the Second and Eleventh Judicial District Grievance Committee; Gary L. Casella, in his official capacity as Chief Counsel for the Ninth Judicial District Grievance Committee; Rita E. Adler, in her official capacity as Chief Counsel for the Tenth Judicial District Grievance Committee; Mark S. Ochs, in his official capacity as Chief Attorney for the Committee on Professional Standards for the Appellate Division of the New York Court of Appeals, Third Department; Anthony J. Gigliotti, in his official capacity as acting Chief Counsel for the Fifth Judicial District Grievance Committee; Daniel A. Drake, in his official capacity as acting Chief Counsel for the Seventh Judicial District Grievance Committee; and Vincent L. Scarsella, in his official capacity as acting Chief Counsel for the Eighth Judicial District Grievance Committee, Defendants.

United States District Court, N.D. New York.

July 23, 2007.


Attorney(s) appearing for the Case

Public Citizen Litigation Group, Brian Wolfman, Esq., Gregory A. Beck, Esq., Scott Nelson, Esq., of Counsel, Washington, D.C., for Plaintiffs.

Office of the New York State Attorney General, Bridget E. Holohan, AAG, of Counsel, Albany, NY, for Defendants.


MEMORANDUM-DECISION AND ORDER

SCULLIN, Senior District Judge.

I. INTRODUCTION

Plaintiffs filed their Complaint on February 1, 2007, seeking a declaratory judgment that certain provisions of New York's amended rules on attorney advertising violate the First Amendment and requesting a permanent injunction prohibiting Defendants from enforcing those amendments. On February 14, 2007, Plaintiffs moved for a preliminary injunction. In response, on March...

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