Court Filing
CASE
GLRK
MAY
NO
. OF 9
0829-22-2805 2023
DIST
DEPUTY CT AM10
.
LATAH: 48
Wendy J. Olson, Bar No. 7634 wendy.olson@stoel.com Cory M. Carone, Bar No. 11422 cory.carone@stoel.com
STOEL RIVES LLP
101 S. Capitol Boulevard, Suite 1900 Boise, ID 83702
Telephone: 208.389.9000
Facsimile: 208.389.9040 Attorneys for Intervenors
IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT OF THE
STATE OF IDAHO, IN AND FOR THE COUNTY OF LATAH
STATE OF IDAHO,
Plaintiff, Case No. CR29-22-2805 V. Motion to Reconsider Order Dated May 4, 2023
BRYAN C. KOHBERGER,
Defendant.
THE ASSOCIATED PRESS; RADIO
TELEVISION DIGITAL NEWS
ASSOCIATION; SINCLAIR MEDIA OF
BOISE, LLC / KBOI-TV (BOISE); STATES
NEWSROOM DBA IDAHO CAPITAL SUN;
TEGNA INC./KREM (SPOKANE), KTVB
(BOISE) AND KING (SEATTLE);
EASTIDAHONEWS.COM; THE LEWISTON
TRIBUNE; WASHINGTON STATE
ASSOCIATION OF BROADCASTERS;
IDAHO PRESS CLUB; IDAHO EDUCATION
NEWS; KXLY-TV / 4 NEWS NOW AND
KAPP / KVEW-TV-MORGAN MURPHY
MEDIA KXLY-TV / 4 NEWS NOW; SCRIPPS
MEDIA, INC., DBA KIVI-TV, A DELAWARE
Motion to Reconsider Order Dated May 4, 2023-1
CORPORATION; THE SPOKESMAN-
REVIEW / COWLES COMPANY; THE NEW
YORK TIMES COMPANY; LAWNEWZ,
INC.; ABC, INC.; WP COMPANY LLC, DBA
THE WASHINGTON POST; SOCIETY OF
PROFESSIONAL JOURNALISTS; THE
MCCLATCHY COMPANY, LLC; and THE
SEATTLE TIMES,
Intervenors.
With each passing day, the Amended Nondissemnation Order dated January 18, 2023 (" Gag Order ") causes irreparable harm. At every step, Intervenors have acted quickly to vindicate their constitutional rights and to stop that irreparable harm: they formed a nearly 30-person coalition, retained counsel, and filed a challenge in the Idaho Supreme Court in 19 day from when the Gag Order was issued and they filed a motion to vacate in 7 days from when the Idaho Supreme Court directed them to seek a plain, speedy, and adequate remedy in this Court. The Idaho Supreme Court similarly acted quickly, setting an expedited briefing schedule 3 days after Intervenors filed an amended petition and granting two motions to intervene, without full briefing, while maintaining the expedited merits briefing schedule. Respectfully, this Court's decision to wait 3 weeks to hold a scheduling conference to then set the briefing schedule-instead of providing the next available hearing date to trigger the briefing schedule set in Idaho Rule of Civil Procedure 7 (b) (3) and Idaho Criminal Rule 45 (c) -prolongs the irreparable harm caused by the Gag Order.
Accordingly, Intervenors move the Court to reconsider its order dated May 4, 2023 and either (1) stay enforcement of the Gag Order pending a decision on Intervenors ' Motion to Intervene and Motion to Vacate the Amended Nondissemniation Order to avoid any additional irreparable harm while the motions are briefed, or (2) set a hearing on Intervenors ' Motion to Intervene and Motion to Vacate the Amended Nondissemniation Order on the next available date Motion to Reconsider Order Dated May 4, 2023-2
on the Court's calendar to trigger the briefing schedule in Idaho Rule of Civil Procedure 7 (b) (3) and Idaho Criminal Rule 45 (c).
DATED: May 9, 2023. STOEL RIVES LLP / s / Wendy J. Olson Wendy J. Olson Cory M. Carone Attorneys for Intervenors Motion to Reconsider Order Dated May 4, 2023-3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 9th day of May 2023, I served a true and correct copy of the foregoing upon the following named parties by the method indicated below, and addressed to the following:
Latah County Prosecutor's Office Hand Delivered William W. Thompson, Jr. Mailed Postage Prepaid Prosecuting Attorney Via Facsimile Latah County Courthouse U.S. Mail P.O. Box 8068 Via email Moscow, ID 83843 ✗ Via iCourt efile & serve at:
paservice@latahcounty.id.gov Anne Taylor Hand Delivered Attorney at Law Mailed Postage Prepaid P.O. Box 9000 Via Facsimile Coeur d'Alene, ID 83816 U.S. Mail ✗ Via email at ataylor@kcgov.us Via iCourt efile & serve at:
pdfax@kcgov.us Jeff Nye Hand Delivered Deputy Attorney General Mailed Postage Prepaid P.O. Box 83720 Via Facsimile Boise, ID 83720 U.S. Mail ✗ Via email at jeff.nye@ag.idaho.gov Via iCourt efile & serve at:
Shanon Gray Hand Delivered 2175 N. Mountain View Road Mailed Postage Prepaid Moscow, ID 83843 Via Facsimile U.S. Mail Via email X Via iCourt efile & serve at:
shanon@graylaw.org / s / Wendy J. Olson Wendy J. Olson Motion to Reconsider Order Dated May 4, 2023-4