EFF Motion to File Exhibits

for Supl. Brief, in Corley v. Universal Appeal

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT


-------------------------------------------------------x
UNIVERSAL CITY STUDIOS, INC.,        :   00-9185
et al.                               : DECLARATION OF
                                     :    EDWARD
        Plaintiff - Appellees        :   HERNSTADT
                                     :        
    and                              :
                                     :
UNITED STATES OF AMERICA,            :
                                     :
        Intervenor                   :
                                     :
    v.                               :
                                     :
SHAWN C. REIMERDES, ROMAN KAZAN,     :
et al.                               :
                                     :
        Defendants.                  :
-------------------------------------------------------x

    I, EDWARD HERNSTADT, hereby declare under penalty of perjury that the following is true and correct.

    1. I am a member of the law firm of Frankfurt, Garbus, Kernit, Klein & Selz, P.C. and have personal knowledge of the matters set forth herein. I am one of the attorneys for Defendants/Appellants Eric Corley and 2600 Magazine.

    2. During oral argument of this matter on May 1, 2001 and in the list of questions provided to the parties on May 8, 2001, this Court raised several questions of the parties and invited answers in the form of a supplemental letter brief due May 30, 2001.

    3. In preparing the answers to those questions, it became apparent to Defendants that some information publicly available on the Internet could assist the Court in consideration the issues raised. We have cited that information using the relevant URLs in the letter brief

    4. However, in order to further assist the Court, Defendants have printed out the information contained on the relevant web pages and hereby seek to file them herein as Exhibits to the Letter Brief.

    5. In addition, again for the Court's convenience, we also provide a copy of the slip opinion of Supreme Court's recent decision in Bartnicki v. Vopper, 532 U.S. ___ (May 21, 2001), which we cite in our letter brief.

    7. Accordingly, Defendants respectfully request that they be granted leave to file the attached Exhibits in Support of Defendants' Supplemental Brief.

          ____________________________

          Edward W. Hernstadt

New York, New York
May 30, 2001

[end]