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Tuesday, March 08, 2005
Ind. Decisions - City talks on New Albany DVD end
"City talks on New Albany DVD end: Appeal of federal order to be pursued" is the headline to a story by Ben Zion Hershberg today in the Louisville Courier Journal. Some quotes:
New Albany has halted talks aimed at settling litigation between the city and an adult video store that opened last week.Access the ILB entry on Judge Barker's January 4th decision here. Access the ILB link to the judge's ruling in New Albany DVD v. City of New Albany here."The consensus is that settlement is not appropriate at this time," said City Attorney Shane Gibson.
He said he will file a motion with U.S. District Court to cancel the settlement conference scheduled for April 28.
The city will pursue its appeal of a federal court order issued in January requiring it to let the video store open, Gibson said.
No hearing date has been set for the appeal, to be heard by the 7th U.S. Circuit Court of Appeals. But the city has filed notice that it intends to appeal.
Steve Mason, the lawyer for New Albany DVD, had offered several settlement options to the city. But he said yesterday that he's not too disappointed the city has rejected the offers.
"We'll be making fees for years to come," Mason said, referring to himself and the other lawyers involved.
Posted by Marcia Oddi on March 8, 2005 11:19 AM
Posted to Ind Fed D.Ct. Decisions