D. Action for Declaratory Relief Pursuant to 28 U.S.C. 2201
23. This is an action for declaratory relief with respect to the loyalty of City Paper readers in toto. The paper and its principals request that the court, using its powers under 11 U.S.C. 105(a) through 106(zz), assist the City Paper in the following manner, via a contract sub modo:
24. Protection from readers. The Debtors hereby request that the court, using its powers under 28 U.S.C. 2201, enjoin readers from doing anything that could damage the standing of the City Paper. In addition:
• An injunction barring any retail outlet in the Greater Washington region from turning down a rack of City Papers for distribution.
• An injunction barring further comments from “monkeyrotica.” If the Court should decide not to order an outright ban on such postings, Debtors would request an interlocutory order requiring “monkeyrotica” to limit his/her postings to washingtoncitypaper.com. If the Court should decide not to issue such an interlocutory motion, Debtors would request that the Court certify “monkeyrotica” as non compos mentis.
• A nunc pro tunc order exempting City Paper from all areas of libel and privacy law. Publishers and editors of City Paper, arguendo, state that their editorial content would be more lively and interesting under such order.
• A Court order, pro bono publico, committing at least one Court clerk to a regimen of 20 hours per week providing assistance to City Paper in updating its database of local events listings.
WHEREFORE, the Debtors respectfully request that this Court enter judgment (i) enjoining the Readers preliminarily and then permanently from exercising any rights pursuant to any competing Web content, including the Sheriff Peanut Craftiest Bastard announcement, the “You Sing the Who” contest, or anything that seems more enticing than a 10,000-word profile of someone they’ve never heard of; and (ii) for attorneys’ fees and costs and further any other relief as this Court deems necessary and just.
Erik C. Wemple (DCBN 0450086)
C. Andrew Beaujon (DCBN 0465103)
Jule A. Banville (DCBN 0456222)
Washington City Paper
2390 Champlain St. NW
Washington, DC 20009-2736
Proposed Special Counsel for the Debtors
and Debtors in Possession