UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE 

************************************* 

 * 

The Freedom From Religion * 

Foundation, et al. * 

 Plaintiffs * 

 * 

 v. * Civil Action No. 07-cv-356-SM 

 * 

The United States Congress, et al. * 

 Defendants * 

 * 

************************************* 

ASSENTED TO MOTION TO CLARIFY ORDER AND JUDGMENT BY 

STATE OF NEW HAMPSHIRE

NOW COMES the State of New Hampshire (hereinafter “State”), by and through 

counsel, New Hampshire Attorney General Michael A. Delaney, and move under Fed. R. Civ. P. 

60(a) for clarification of an oversight or omission in the September 30, 2009 order (Dkt. # 60) 

granting the defendants motions to dismiss and the judgment entered on October 1, 2009 as 

follows. 

1. The State of New Hampshire intervened in this matter as a matter of right to 

defend the constitutionality of a state statute. The State’s motion to dismiss was filed as 

Document 14 in the court’s electronic docket. Following the School District’s filing of a motion 

to dismiss which joined the arguments previously presented by the State and the Federal 

Defendants, the State also filed a supplement to its motion to dismiss to Plaintiffs’ Amended 

complaint, Docket # 53. 

2. The court’s order, Docket # 60, page 6 states that it is addressing all of the 

pending motions to dismiss. However, the order and judgment fail to identify the State’s Motion 

Case 1:07-cv-00356-SM Document 65 Filed 11/02/09 Page 1 of 3
to Dismiss, Docket # 14 and 53 as being granted for the same reasons as set forth in the granting 

of the other defendants motions. 

3. It is believed that this omission is merely an oversight, as there is no reason stated 

in the order that would explain any different ruling on the State’s motion. 

4. The court may correct a clerical mistake or a mistake arising from oversight or 

omission whenever one is found in a judgment, order, or other part of the record. The court may 

do so on motion or on its own, with or without notice. But after an appeal has been docketed in 

the appellate court and while it is pending, such a mistake may be corrected only with the 

appellate court's leave. Fed. R.Civ. P. 60(a). 

5. This motion is filed concurrently with the First Circuit in the Appeal, Dkt. 09-

2473, seeking leave of the First Circuit as required by Fed. R. Civ. P. 60(b). 

6. All parties assent to this motion. 

7. No memorandum of law is required as the applicable authority is contained 

herein. 

WHEREFORE, the State Defendant Intervenor respectfully requests that the Court 

clarify its order and judgment to indicate that the State’s motion to dismiss Dkt. 14 and 53 are 

granted to the same extent as the motions to dismiss by the other defendants. 

Respectfully submitted, 

STATE OF NEW HAMPSHIRE 

By its attorneys, 

MICHAEL A. DELANEY 

ATTORNEY GENERAL 

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Case 1:07-cv-00356-SM Document 65 Filed 11/02/09 Page 2 of 3
/s/ Nancy J. Smith 

Nancy J. Smith, Bar No. 9085 

Senior Assistant Attorney General 

Civil Bureau 

33 Capitol Street 

Concord, New Hampshire 03301-6397 

(603) 271-1227 

nancy.smith@doj.nh.gov

Certification

November 2, 2009 

 I hereby certify that a copy of the foregoing document was filed electronically and served 

electronically by operation of the Court’s electronic filing system to all counsel of record. 

/s/ Nancy J. Smith 

Nancy J. Smith 

411663.njs 

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