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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW MEXICO




CHARLES CHED MACQUIGG,

Plaintiff,

vs. Civ. No. 12-1137 MCA/SCY

THE ALBUQUERQUE PUBLIC
SCHOOLS BOARD OF EDUCATION,
et al.,
Defendants.

ORDER

This case comes before the Court sua sponte. Pending before the Court is Certain
Defendants First Motion for Summary Judgment Relating to Plaintiffs Federal Claims
(Including Request for Qualified Immunity) [Doc. 76]. The parties completed briefing of
this motion prior to the Courts March 31, 2014 Order granting Plaintiffs request for a
preliminary injunction. In its Order, the Court ruled that the public comment segments of
APS Board of Education meetings are limited public fora. This ruling is now the law of
the case. Restrictions on speech in limited public fora are governed by less stringent
standards than those that govern restrictions on speech in designated fora. In particular,
content-based restrictions are permitted in limited public fora.
The Court concludes that the appropriate course is to deny without prejudice
Defendants pending motion for summary judgment [Doc. 76] and to permit the parties to
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re-brief the motion. In re-briefing the motion, the parties should comply with the
following directives:
1. Defendants may join in an argument only if they are identically situated
with respect to a given issue. Otherwise, the Court requires a separate discussion for
each Defendant, with statements of material fact and legal argument tailored to the
particular Defendants situation.
2. The parties should follow the law of the case as established by the Courts
March 31, 2014 Order.
3. Each side will prepare a notebook containing all the exhibits tendered by
that side, with separate tabs for each exhibit. The Court will not consider evidence that
is not contained in these notebooks.
4. Memoranda should be self-contained, without references to, or attempts to
incorporate by reference, other papers (other than pleadings as defined by Fed. Civ. P.
Rule 7(a)).
5. In complying with D.N.M. LR-Civ. 56.1 (b), each material fact shall be
separately numbered. Arguments offered as statements of material fact may be stricken
by the Court sua sponte.
6. To the extent that qualified immunity is at issue, the parties shall clearly
identify each proposition of law at the appropriate level of specificity and identify
the specific authorities that bear on whether a the proposition of law was or was not
clearly established within the Tenth Circuit.
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7. The parties shall pay close attention to the allocation of the burdens of
persuasion at trial as to particular issues and the interaction of these burdens of
persuasion with summary judgment standards.
8. To facilitate adequate briefing, the Court waives the page limits of D.N.M.
LR-Civ. 7.5. Given this waiver, the Court expects closely reasoned, claim-by-claim and
defendant-by-defendant analysis of the issues.
9. The parties shall consult with each other in a good faith effort to stipulate to
which portions of Plaintiffs Amended Complaint apply (or do not apply) to a given
Defendant.

IT IS HEREBY ORDERED that the Motion [Doc. 76] be and hereby is denied
without prejudice.
IT IS FURTHER ORDERED that Defendants re-submitted Motion(s) shall be
due no later than fifteen (15) working days from the date of this Order. Briefing
thereafter will be governed by D.N.M. LR-Civ. 7.4(a).
So ordered this 29
th
day of September, 2014.

________________________________
M. CHRISTINA ARMIJ O
Chief United States District J udge



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