IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF INDIANA

SOUTH BEND DIVISION

FREEDOM FROM RELIGION

FOUNDATION, et al.,

Plaintiffs,

v.

CONCORD COMMUNITY SCHOOLS,

Defendant.

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Cause No. 3:15-CV-00463-JD-CAN

MOTION FOR LEAVE TO FILE

BRIEF IN EXCESS OF FIFTEEN PAGES

Comes now the Defendant, the Concord Community Schools, by counsel, and pursuant to

Rule 7.1(e) of the Local Rules for the United States District Court for the Northern District of

Indiana, move the Court for leave to file a brief in excess of fifteen (15) pages. In support of this

Motion the Defendant would show the Court as follows:

1. The disposition of cases such as this depend on a review of the context in which

the alleged Establishment Clause violation has taken place. In the present case the Freedom

From Religion Foundation’s (“FFRF”) recitation of the facts erroneously relies on what was

performed during the 2014 Christmas Spectacular, and not on the program for the 2015

Christmas Spectacular. This error has required the School to provide and discuss the correct

facts for the Court in its reply brief which requires additional pages beyond the fifteen page limit

imposed under Local Rule 7.1(e)(1).

2. This case involves fairly complex Establishment Clause issues that require

discussion and analysis under multiple legal theories: “Throughout the turbid history of

Establishment Clause jurisprudence, the Supreme Court has announced no less than four

USDC IN/ND case 3:15-cv-00463-JD document 25 filed 11/05/15 page 1 of 3
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judicially crafted “tests” to analyze whether governmental action violates the Constitution.”

Freedom from Religion Found., Inc. v. New Kensington-Arnold Sch. Dist., 919 F. Supp. 2d 648,

653 (W.D.Pa. 2013). An appropriate discussion of these theories, and those raised in the

FFRF’s initial brief require additional pages beyond the fifteen page limit imposed under Local

Rule 7.1(e)(1).

3. The proposed brief complies with the requirements of Local Rule 7.1(e)(2).

WHEREFORE, the Defendant, the Concord Community Schools, respectfully requests

that the Court grant them leave to file a brief in excess of fifteen (15) pages and for all other just

and proper relief in the premises.

FROST BROWN TODD LLC

By: /s/Thomas E. Wheeler

Thomas E. Wheeler, II, #13800-49

Anthony W. Overholt, #16481-49

Attorneys for Defendant

USDC IN/ND case 3:15-cv-00463-JD document 25 filed 11/05/15 page 2 of 3
CERTIFICATE OF SERVICE

The undersigned hereby certifies that on this 5th day of November, 2015, a copy of the

foregoing was filed electronically. Notice of this filing will be sent to the following parties by

operation of the Court’s electronic filing system. Parties may access this filing through the

Court’s system:

Daniel I. Mach

Heather L. Weaver

American Civil Liberties Union

915 15th Street, NW, 6th Floor

Washington, DC 20005

Gavin M. Rose

ACLU of Indiana

1031 E. Washington Street

Indianapolis, IN 46202

Ryan D. Jayne

Samuel T. Grover

Freedom From Religion Foundation

10 N. Henry Street

Madison, WI 53701

/s/Thomas E. Wheeler

Thomas E. Wheeler, II

FROST BROWN TODD LLC

201 North Illinois Street, Suite 1900

P.O. Box 44961

Indianapolis, IN 46244-0961

317-237-3800

Fax: 317-237-3900

twheeler@fbtlaw.com

aoverholt@fbtlaw.com

LR00264.0631345 4842-7380-1514v1

USDC IN/ND case 3:15-cv-00463-JD document 25 filed 11/05/15 page 3 of 3