Case: 1:10-cv-05135 Document #: 94 Filed: 12/15/10 Page 1 of 3 PageID #:1602 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION RHONDA EZELL, JOSEPH I. BROWN, ) WILLIAM HESPEN, ACTION TARGET, INC., ) SECOND AMENDMENT FOUNDATION, INC., ) and ILLINOIS STATE RIFLE ASSOCIATION, ) ) Plaintiffs, ) ) No. 10 CV 5135 v. ) ) JUDGE VIRGNIA M. KENDALL CITY OF CHICAGO, a municipal corporation, ) ) Defendant. ) AGREED MOTION TO SUPPLEMENT THE RECORD ON APPEAL Defendant City of Chicago ( City ), by its attorney, Mara S. Georges, Corporation Counsel of the City of Chicago, hereby moves this Honorable Court, pursuant to Fed. R. App. P. 10(e), to supplement the record on appeal now before the United States Court of Appeals for the Seventh Circuit. In support of this motion, the City states as follows: 1. This matter is currently pending on appeal before the Seventh Circuit. 2. This case involves an appeal from the district court s denial of Plaintiffs motion for a preliminary injunction. There were 39 exhibits and transcript designations entered into evidence at the hearing on that motion. See Exhibit A hereto (lists of Plaintiffs Exhibits and Transcript Designations and Defendant s Exhibits and Transcript Designations). 3. The record on appeal was filed on December 1, 2010. The exhibits and transcript designations from the preliminary injunction hearing are not in the record on appeal. 4. Because these documents were entered into evidence in the hearing that is the subject of this appeal, they should be included in the record on appeal. The City will deliver
Case: 1:10-cv-05135 Document #: 94 Filed: 12/15/10 Page 2 of 3 PageID #:1603 these exhibits to the clerk s office immediately upon receipt of this court s ruling. 5. The plaintiffs, by their attorney, have expressed that they have no objection to this motion. CONCLUSION WHEREFORE, the City respectfully requests that this Honorable Court enter an order that the record on appeal be supplemented with the exhibits and transcript designations listed at Exhibit A hereto, and that the Clerk of the United States District Court for the Northern District of Illinois, Eastern Division, prepare the documents in the form required for transmission to the Seventh Circuit. Respectfully submitted, Michael A. Forti Mardell Nereim Andrew W. Worseck William Macy Aguiar Rebecca Hirsch City of Chicago Department of Law Constitutional and Commercial Litigation Division 30 N. LaSalle Street, Suite 1230 Chicago, IL 60602 312-744-9010 Dated: December 15, 2010. Mara S. Georges, Corporation Counsel for the City of Chicago By: /s/ Andrew Worseck Assistant Corporation Counsel 2
Case: 1:10-cv-05135 Document #: 94 Filed: 12/15/10 Page 3 of 3 PageID #:1604 CERTIFICATE OF SERVICE The undersigned, an attorney of record for the City of Chicago, hereby certifies that on December 15, 2010, he served a copy of the Defendant City of Chicago s Agreed Motion to Supplement the Record on Appeal, along with this certificate of service, on: David G. Sigale Law Firm of David G. Sigale, P.C. Corporate West 1 4300 Commerce Court, Suite 300-3 Lisle, IL 60532 Alan Gura Gura & Possessky, PLLC 101 N. Columbus Street, Suite 405 Alexandria, VA 22314 by electronic means pursuant to Electronic Case Filing (ECF). /s/ Andrew Worseck
Case: 1:10-cv-05135 Document #: 94-1 Filed: 12/15/10 Page 1 of 7 PageID #:1605 EXHIBIT A
Case: 1:10-cv-05135 Document #: 94-1 Filed: 12/15/10 Page 2 of 7 PageID #:1606 Ezell, et al., v. City of Chicago No. 10 C 5135 Plaintiffs Exhibits and Transcript Designations
Case: 1:10-cv-05135 Document #: 94-1 Filed: 12/15/10 Page 3 of 7 PageID #:1607 Ezell, et al., v. City of Chicago No. 10 C 5135 Plaintiffs Exhibits and Transcript Designations Exhibit No. Description 1 Contract between Blue Line and Second Amendment Foundation dated 7/26/10 2 Industrial Building Lease between Accurate Perforating Corporation and Second Amendment Foundation dated August 12, 2010 3 Memo from Accurate Perforating Corporation to Second Amendment Foundation dated September 8, 2010 terminating Industrial Building Lease dated August 12, 2010 4 Land Lease between Gillespie Properties, LLC and Second Amendment Foundation, dated September 11, 2010 5 Satellite images of 3333 W. 36th Street property (Versnel 3, Cohen 4, Cohen 5.) 6 Declaration of Rhonda Ezell, dated August 5, 2010 7 Declaration of William Hespen, dated August 7, 2010 8 Declaration of Joseph Brown, dated August 12, 2010 9 Declaration of Jerry Tilor, dated September 12, 2010 10 Declaration of Andre Queen, dated September 12, 2010 TRANSCRIPT DESIGNATIONS 11 Police and Fire Committee Hearing, June 29, 2010, pages 47-49, 81, 85-87, 94-95 12 Designated Deposition Testimony of Rhonda Ezell 13 Designated Deposition Testimony of Joseph Brown
Case: 1:10-cv-05135 Document #: 94-1 Filed: 12/15/10 Page 4 of 7 PageID #:1608 14 Designated Deposition Testimony of William Hespen 15 Designated Deposition Testimony of Henry Rush 16 Designated Deposition Testimony of Larry Cohen 17 Designated Deposition Testimony of Jerry Tilbor 2
Case: 1:10-cv-05135 Document #: 94-1 Filed: 12/15/10 Page 5 of 7 PageID #:1609 Ezell, et al., v. City of Chicago No. 10 C 5135 Defendant s Exhibits and Transcript Designations
Case: 1:10-cv-05135 Document #: 94-1 Filed: 12/15/10 Page 6 of 7 PageID #:1610 Ezell, et al., v. City of Chicago No. 10 C 5135 Defendant s Exhibits and Transcript Designations Exhibit No. Description 1 The City s Responsible Gun Owners Ordinance 2 The Chicago Department of Police Rules and Regulations, Firearms, Chapter 8-20 3 List of gun ranges near Chicago 4 Findings of the City Council s Committee on Police and Fire dated July 1, 2010, related to the City s Responsible Gun Owsners Ordinance 5 Zoning map of area surrounding 6300-6400 S. Bell Street 6 Photographs of 6300-6400 S. Bell Street and the surrounding neighborhood 7 Selected excerpts from the Testimony before the Committee on Police and Fire on June 29, and July 1, 2010 15 Versnel notes re conversation with Solarte re Bell property 16 Cohen deposition exhibit 3, satellite photo of 3333 W 36th with uses as drawn by Cohen 18 Handwritten notes of Richard Pearson 19 Section 17-1-0500 of the City s Zoning Ordinance 20 Stipulation as to Rhonda Ezell 21 Map showing gun ranges near Chicago 23 Declaration of Norma I. Reyes, Commissioner of the City of Chicago Department of Business Affairs and Consumer Protection, dated September 29,
Case: 1:10-cv-05135 Document #: 94-1 Filed: 12/15/10 Page 7 of 7 PageID #:1611 2010 24 Affidavit of Kevin Schnoes, Deputy Commissioner of the City of Chicago Department of Environment, dated September 30, 2010 25 Declaration of Carl Byrd, First Deputy Commissioner of the City of Chicago Department of Buildings, dated September 30, 2010 26 Designations from the deposition of Joseph Brown 27 Designations from the deposition of Larry Cohen 28 Designations from the deposition of Rhonda Ezell 29 Designations from the deposition of William Hespen 30 Designations from the deposition of Henry Rush 31 Designations from the deposition of Jerrold Tilbor 2