APPLICATION FOR PRO HAC VICE ADMISSION OF PROFESSOR EUGENE VOLOKH
Pursuant to this Courts Rule 4(h), the undersigned respectfully ask that the Court grant pro hac vice admission in this matter to Professor Eugene Volokh, who will represent (in conjunction with the Summerville Moore, P.C. firm), amici The Electronic Frontier Foundation and Professor Aaron Caplan. I. Rule 4(h) Requirements Professor Volokh is a member in good standing with the State of California, as evidenced by a current Certificate of the Clerk of the Supreme Court of the State of California (attached as Exhibit A). Professor Volokhs business address, and contact information, is Eugene Volokh CA State Bar No.: 194464 UCLA School of Law First Amendment Amicus Brief Clinic 405 Hilgard Ave. Los Angeles, CA 90095 (310) 206-3926 volokh@law.ucla.edu
Professor Volokh wishes to appear in this matter to represent amici The Electronic Frontier Foundation and Professor Aaron Caplan; those friends of the court side with the Appellant here, Matthew Chan. As a final requirement under Rule 4(h), a Certification regarding payment of the IOLTA/Georgia Bar Foundation fee is attached as Exhibit B. II. Justifications for Admission This Court has long been gracious in allowing out-of-state attorneys to participate in appeals, and there is ample reason to continue that practice as to Professor Volokh. He is the Gary T. Schwartz Professor of Law at the University of California-Los Angeles School of Law, focusing his teaching and extensive writing on the First Amendment in the electronic age. This case involves free speech challenges to O.C.G.A. 16-5-90, one of Georgias criminal statutes regarding cyberstalking; Professor Volokh is the author of One-to-One Speech vs. One-to-Many Speech, Criminal Harassment Laws, and Cyberstalking, 107 Northwestern Univ. L. Rev. 731 (2013), one of the two most comprehensive law review articles on this subject. If Professor Volokh is granted leave to participate in this appeal, he will assist in the oral argument of the matter, if argument is to be had. 1
Accordingly, counsel for amici ask that the Court grant Professor Volokh pro hac vice status, such that he be allowed to appear in this matter. Respectfully submitted, this 5th day of September, 2014. /s/ Darren Summerville Darren Summerville GA Bar No. 691978
SUMMERVILLE MOORE, P.C. 400 Colony Square, Suite 2000 1201 Peachtree Street, NE Atlanta, GA 30361 (770) 635-0030 darren@summervillemoore.com
1 Appellant Chan and his current counsel consented to Professors Volokhs participation in any argument.
EXHIBIT A CERTIFICATE OF GOOD STANDING FOR EUGENE VOLOKH FROM THE STATE OF CALIFORNIA
EXHIBIT B CERTIFICATION REGARDING PAYMENT OF IOLTA/GEORGIA BAR FOUNDATION FEE
CERTIFICATION
My name is James Darren Summerville; I am a member of the Bar of this Court. I hereby certify that I have submitted a check for $200 to the Georgia Bar Foundation on behalf of the pro hac vice Application of Professor Eugene Volokh. The check was made to IOLTA/Georgia Bar Foundation and mailed to The Georgia Bar Foundation 104 Marietta Street, Suite 610 Atlanta, GA 30303
This 5th day of September, 2014. /s/ Darren Summerville Darren Summerville GA Bar No. 691978
SUMMERVILLE MOORE, P.C. 400 Colony Square, Suite 2000 1201 Peachtree Street, NE Atlanta, GA 30361 (770) 635-0030 darren@summervillemoore.com
CERTIFICATE OF SERVICE I hereby certify that I have delivered the attached Application for Pro Hac Vice Admission of Professor Eugene Volokh to all counsel either by first class mail or by email service in PDF format, if a written agreement between counsel regarding such service. Service was made to: William J. McKenny McKenny & Froelich 50 Polk Street, NW Marietta, GA 30064
Oscar Michelen Cuomo LLC 200 Old Country Road Suite 2 South Mineola, NY 11501
Elizabeth Wagner McBride Page, Scranton, Sprouse, Tucker & Ford, P.C. P.O. Box 1199 Columbus, GA 31902
Timothy B. McCormack McCormack Intellectual Property Business Law P.S. 617 Lee Street Seattle, WA 98109
I have also filed the foregoing document with the Supreme Courts e-file system, which will cause an electronic copy of the attached to be delivered to all counsel. This 5th day of September, 2014. /s/ Darren Summerville Darren Summerville GA Bar No. 691978
Flava Works vs. Myvidster, Marques Rondale Gunter, Salsa Indy, LLC. Filed Non-Party Motion to File Amicus Brief in Support of Defendants-Appellants Marques Rondale Gunter by Amici Electronic Frontier Foundation and Public Knowledge