Case 1:04-cv-00086-LY Document 93 Filed 11/13/08 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
-------------------------------------------------------------:
RELIABLE CONSULTANTS, INC.
d/b/a DREAMERS and LE ROUGE BOUTIQUE, :
Case No. A04-CA-086-LY
Plaintiff,

PHE, INC. d/b/a ADAM & EVE, INC.,

Plaintiff-Intervenor,

:
:

v.

RONNIE EARLE,
In His Official Capacity Only,
Travis County District Attorney,

:
:

Defendant,

STATE OF TEXAS,

Defendant-Intervenor.

--------------------------------------------------------------

JOINT STATUS REPORT

Pursuant to the Courts October 29, 2008 Order, the parties hereby jointly submit this
status report regarding what actions the parties believe remain to be taken in the above-captioned
case. The parties agree that the only remaning issues in the case are (1) entry of final judgment,
and (2) resolution of motions for attorneys fees. The parties advise as follows:
1.

The parties have discussed the proposed form of judgment in this case, and have

attached a Proposed Judgment hereto as Exhibit A.

Case 1:04-cv-00086-LY Document 93 Filed 11/13/08 Page 2 of 4

2.

The current status of motions for attorneys fees is as follows: Plaintiff Reliable

Consultants, Inc. has filed a motion for attorneys fees, but expects to supplement that motion
following entry of judgment; the Defendants have filed preliminary responses to that motion; and
Plaintiff PHE, Inc. intends to file its motion for attorneys fees following entry of judgment. To
streamline resolution of issues related to attorneys fees, the parties have agreed to the following.
Within 14 days of the entry of final judgment, per Fed. R. Civ. P. 54(d)(2)(B), Reliable
Consultants will file a revised motion for attorneys fees with supplemental information, and
PHE will file its motion for attorneys fees. Responses and reply briefs will be filed consistent
with the corresponding times set forth in the Local Rules. To the extent that Defendants request
additional time for response, Plaintiffs will agree in good faith to permitting any such additional
reasonable time. If the Court is amenable to this schedule, no further action on the Courts part,
other than entry of final judgment, will be necessary at this time.
Respectfully submitted,
___/s/ _____________________________________
H. Louis Sirkin (pro hac vice)
Jennifer M. Kinsley (pro hac vice)
Sirkin Pinales & Schwartz LLP
105 West Fourth Street, Suite 920
Cincinnati, OH 45202
Phone: (513) 721-4876
Attorneys for Plaintiff Reliable Consultants, Inc.

___/s/ _____________________________________
Julie M. Carpenter (pro hac vice)
Duane C. Pozza (pro hac vice)
Jenner & Block LLP
1099 New York Avenue, N.W.
Suite 900
Washington, DC 20001
Phone: (202) 639-6000
Fax: (202) 639-6066
Attorneys for Plaintiff-Intervenor PHE, Inc.
2

Case 1:04-cv-00086-LY Document 93 Filed 11/13/08 Page 3 of 4

___/s/ _____________________________________
Elaine A. Casas (State Bar #00785750)
Travis County Attorneys Office
P.O. Box 1748
Austin, TX 78767
Phone: (512) 854-9415
Fax: (512) 854-4808
Attorney for Defendant Ronnie Earle

___/s/ _____________________________________
James C. Todd
Assistant Attorney General
Office of the Attorney General
General Litigation Division
P.O. Box 12548
Austin, TX 78711-2548
Phone: (512) 463-2120
Fax: (512) 320-0677
Attorney for Defendant-Intervenor State of Texas

Dated: Nov. 13, 2008

Case 1:04-cv-00086-LY Document 93 Filed 11/13/08 Page 4 of 4

CERTIFICATE OF SERVICE
I hereby certify that, this 13th day of November, 2008, a copy of the foregoing Joint Status
Report was electronically submitted for filing in accordance with the ECF system for the
Western District of Texas, which will send notification to the following:
Elaine A. Casas
Marion A. Damen
Travis County Attorneys Office
P.O. Box 1748
Austin, TX 78767
James C. Todd
Office of Attorney General of Texas
General Litigation Division
P.O. Box 12548, Capitol Station
Austin, TX 78711-2548
Tim Poteet
Chamberlain & McHaney
301 Congress Avenue, Suite 1800
Austin, TX 78701
H. Louis Sirkin
Jennifer M. Kinsley
Sirkin Pinales & Schwartz LLP
105 West Fourth Street, Suite 920
Cincinnati, OH 45202
Gretchen A. Benolken
Benolken & Everett, P.C.
513 West Oak Street
Denton, TX 76201
I hereby certify that, this 13th day of November, 2008, a copy of the Joint Status Report was
served by first class mail, postage prepaid, on the following non-ECF participants:
Candace C. Crouse
Sirkin Pinales & Schwartz LLP
105 West Fourth Street, Suite 920
Cincinnati, OH 45202

__/s/_Duane C. Pozza_____________________
Duane C. Pozza

Case 1:04-cv-00086-LY Document 93-1 Filed 11/13/08 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
-------------------------------------------------------------:
RELIABLE CONSULTANTS, INC.
Case No. A04-CA-086-LY
d/b/a DREAMERS and LE ROUGE BOUTIQUE, :
:

Plaintiff,
PHE, INC. d/b/a ADAM & EVE, INC.,
Plaintiff-Intervenor,

:
:

v.

RONNIE EARLE,
In His Official Capacity Only,
Travis County District Attorney,

:
:
:

Defendant,

STATE OF TEXAS,
Defendant-Intervenor.

--------------------------------------------------------------

[PROPOSED] FINAL JUDGMENT

The Court now renders final judgment as to all claims of Plaintiffs Reliable Consultants,
Inc. and PHE, Inc. against Defendant Ronnie Earle, in his official capacity as the Travis County
District Attorney, and the Defendant-Intervenor State of Texas. For the reasons given in the
decision of the United States Court of Appeals for the Fifth Circuit in this case, it is hereby:
ORDERED, ADJUDGED and DECREED that Texas Penal Code 43.23, to the extent
that it applies to obscene devices as defined in Texas Penal Code 43.21(a)(7), is declared to
be facially unconstitutional and unenforceable throughout the State of Texas.

Case 1:04-cv-00086-LY Document 93-1 Filed 11/13/08 Page 2 of 2

It is SO ORDERED.

Dated: ______________, 2008

________________________________
Judge Lee Yeakel
UNITED STATES DISTRICT COURT