UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
Three Angels Broadcasting Network, Inc.,
an Illinois non-profit corporation, and
Danny Lee Shelton, individually,
Gailon Arthur Joy and Robert Pickle,
Case No. ______________________
EX PARTE MOTION FOR PRELIMINARY IMPOUNDMENT AND
REQUEST FOR A HEARING ON THE ISSUE OF PERMANENT IMPOUNDMENT
Pursuant to Local Rule 7.2, Plaintiffs Three Angels
Broadcasting Network, Inc. and Danny Lee Shelton move this Court
ex parte for a preliminary order impounding the attached Complaint
as well as Defendants' Answers or other responsive pleadings
and request a subsequent hearing with all parties present on
the issue of whether these materials should be permanently impounded
Plaintiffs' Complaint alleges various causes of
action, including defamation, as described in greater detail
in the attached Memorandum.
With their Complaint, Plaintiffs file this Ex Parte
Motion, the purpose of which is to preserve the issue of whether
these materials should be permanently impounded in order to prevent
this litigation from resulting in the republication of the defamatory
statements about Plaintiffs as detailed in their Complaint, as
well as the publication of additional defamatory statements about
Plaintiffs in Defendants' responsive pleadings, until such time
as the Court has
an opportunity to examine the pleadings and conduct
a hearing on the issue of permanent impoundment.
Plaintiffs seek this preliminary order of impoundment
in advance of serving the Complaint on Defendants.
If this preliminary relief is granted, Plaintiffs
will serve the Complaint, this Motion and the supporting Memorandum
on Defendants, along with a copy of the Preliminary Order of
Impoundment, a draft of which is attached.
At the hearing, Plaintiffs will seek an order permanently
impounding these materials until the conclusion of this litigation,
whereupon the materials may be retrieved by the parties or their
As grounds for this Motion, Plaintiffs submit the attached Memorandum.
Undersigned counsel are available to appear on an
ex parte basis before the Court at its convenience if the Court
should deem such an appearance necessary.
WHEREFORE, Plaintiffs move this Court ex parte
to order that the Complaint and Defendants' Answers or other
responsive pleadings be preliminarily impounded until such time
as the Court has an opportunity to conduct a hearing with all
parties present on the issue of permanent impoundment and that
the Court, following said hearing, order that these materials
be permanently impounded until the conclusion of this litigation.
For the Plaintiffs Three Angels Broadcasting
Network, Inc. and Danny Shelton,
By their attorneys,
|Dated: April 5 , 2007
|| [signed] J.P.P.
John P. Pucci, BBO#000000
J. Lizette Richards, BBO#000000
Fierst, Pucci & Kane, LLP
64 Gothic Street
Northampton, MA 01060