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Kristin Perry, et al v. Dennis Hollingsworth, et al Doc. 9 Att. 3 NOS. 09-17241, 09-17551 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KRISTIN M. PERRY, et al., Plaintiffs-Appellees, v. DENNIS HOLLINGSWORTH, et al. Defendant-Intervenors-Appellees. Appeal from United States District Court for the Northern District of California Civil Case No. 09-CV-2292 VRW (Honorable Vaughn R. Walker) DEFENDANT-INTERVENORS-APPELLANTS’ RELEVANT PARTS OF THE RECORD VOLUME III OF IV Andrew P. Pugno Charles J. Cooper LAW OFFICES OF ANDREW P. PUGNO David H. Thompson 101 Parkshore Drive, Suite 100 Howard C. Nielson, Jr. Folsom, California 95630 Nicole J. Moss (916) 608-3065; (916) 608-3066 Fax Jesse Panuccio Peter A. Patterson Brian W. Raum COOPER AND KIRK, PLLC James A. Campbell 1523 New Hampshire Ave., N.W. ALLIANCE DEFENSE FUND Washington, D.C. 20036 15100 North 90th Street (202) 220-9600 Scottsdale, Arizona 85260 (202) 220-9601 Fax (480) 444-0020; (480) 444-0028 Fax Attorneys for Defendant-Intervenors-Appellants Dockets.Justia.com INDEX TO RELEVANT PARTS OF THE RECORD NAME OF DOCUMENT LOCATION PAGE Volume I Order re In Camera Discovery Review USDC Dkt # 252 RR 1-10 Order Denying Motion to Stay USCD Dkt # 237 RR 11-23 Order Denying in part Defendant-Intervenors’ Motion USDC Dkt # 214 RR 24-41 for Protective Order (October 1, 2009) Volume II Notice of Filing of Sealed Documents for In Camera USDC Dkt # 251 RR 42-44 Review Letter from Nicole J. Moss USDC Dkt # 249 RR 45-48 Minute Entry re Telephonic Discovery Hearing USDC Dkt # 247 RR 49 Transcript of Proceedings, November 2, 2009 USDC Dkt # 246 RR 50-96 Letter from Charles J. Cooper USDC Dkt # 238 RR 97-98 Exhibits to Defendant-Intervenors’ Motion in Support of USDC Dkt # 220-1 RR 99-104 Protective Order Transcript of Proceedings, September 25, 2009 USDC Dkt # 212 RR 105-178 Plaintiffs’ Subpoena to Schubert Flint Public Affairs USDC Dkt # 197-2 RR 179-185 Plaintiffs’ Subpoena to Connell Donatelli Holdings USDC Dkt # 197-3 RR 186-192 Letter from Defendant-Intervenors’ to CAEBR USDC Dkt # 197-4 RR 193-195 Documents Showing Plaintiff-Intervenor’s Attorney USDC Dkt # 197-7 RR 196-210 Dennis J. Herrara’s Involvement with anti-Prop. 8 Campaign Plaintiff and Plaintiff-Intervenor’s Joint Opposition to USDC Dkt # 191 RR 211-228 Defendant-Intervenors’ Motion for a Protective Order Reply Br. for Aplt., Citizens United v. FEC, No. 08-205, USDC Dkt # 187-1 RR 229-255 (U.S. Mar. 17, 2009) Prentice Declaration USDC Dkt # 187-2 RR 256-260 Plaintiffs’ First Set of Requests for Production USDC Dkt # 187-3 RR 261-267 Defendant-Intervenors’ Responses to Plaintiffs’ First Set USDC Dkt # 187-4 RR 268-289 of Requests for Production Letter of August 27, 2009 USDC Dkt # 187-5 RR 290-291 Letter of August 31, 2009 USDC Dkt # 187-6 RR 292-294 Volume III Moss Declaration USDC Dkt # 187-7 RR 295-301 Schubert Declaration. USDC Dkt # 187-9 RR 302-316 Jannson Declaration USDC Dkt # 187-10 RR 317-320 Articles Discussing Negative Effects of Public USDC Dkt # 187-11 RR 321-575 Disclosure Tam Declaration USDC Dkt # 187-12 RR 576-580 Troupis Declaration USDC Dkt # 187-13 RR 581-586 Volume IV Excerpt of Transcript of Proceedings, August 19, 2009 USDC Dkt # 162 RR 587-603 Defendant-Intervenors’ Supplemental Case Management USDC Dkt # 159 RR 604-618 Statement Plaintiffs’ Supplemental Case Management Statement USDC Dkt # 157 RR 619-637 Docket Sheet RR 638-661 Case3:09-cv-02292-VRW Document187-7 Filed09/15/09 Page1 of 7 Exhibit G RR 295 Case3:09-cv-02292-VRW Document187-7 Filed09/15/09 Page2 of 7 1 COOPER AND KIRK, PLLC Charles J. Cooper (DC Bar No. 248070)* 2 [email protected] David H. Thompson (DC Bar No. 450503)* 3 [email protected] Howard C. Nielson, Jr. (DC Bar No. 473018)* 4 [email protected] Nicole J. Moss 5 [email protected] (DC Bar No. 472424) Jesse Panuccio 6 [email protected] (DC Bar No. 981634) Peter A. Patterson (Ohio Bar No. 0080840)* 7 [email protected] 1523 New Hampshire Ave. N.W., Washington, D.C. 20036 8 Telephone: (202) 220-9600, Facsimile: (202) 220-9601 9 LAW OFFICES OF ANDREW P. PUGNO Andrew P. Pugno (CA Bar No. 206587) 10 [email protected] 101 Parkshore Drive, Suite 100, Folsom, California 95630 11 Telephone: (916) 608-3065, Facsimile: (916) 608-3066 12 ALLIANCE DEFENSE FUND Brian W. Raum (NY Bar No. 2856102)* 13 [email protected] James A. Campbell (OH Bar No. 0081501)* 14 [email protected] 15100 North 90th Street, Scottsdale, Arizona 85260 15 Telephone: (480) 444-0020, Facsimile: (480) 444-0028 16 ATTORNEYS FOR DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, HAK-SHING WILLIAM TAM, 17 MARK A. JANSSON, and PROTECTMARRIAGE.COM – YES ON 8, A PROJECT OF CALIFORNIA RENEWAL 18 * Admitted pro hac vice 19 UNITED STATES DISTRICT COURT 20 NORTHERN DISTRICT OF CALIFORNIA 21 KRISTIN M. PERRY, SANDRA B. STIER, PAUL T. KATAMI, and JEFFREY J. 22 ZARRILLO, CASE NO. 09-CV-2292 VRW 23 DECLARATION OF NICOLE JO Plaintiffs, MOSS IN SUPPORT OF DEFEN- 24 DANT-INTERVENORS’ MOTION v. FOR A PROTECTIVE ORDER 25 ARNOLD SCHWARZENEGGER, in his offi- Date: September 25, 2009 26 cial capacity as Governor of California; ED- Time: 10:00 a.m. Judge: Chief Judge Vaughn R. Walker 27 MUND G. BROWN, JR., in his official capacity Location: Courtroom 6, 17th Floor as Attorney General of California; MARK B. 28 1 DECLARATION OF NICOLE JO MOSS IN SUPPORT OF DEFENDANT-INTERVENORS’ MOTION FOR PROTECTIVE ORDER, CASE NO. 09-CV-2292 VRW RR 296 Case3:09-cv-02292-VRW Document187-7 Filed09/15/09 Page3 of 7 1 HORTON, in his official capacity as Director of the California Department of Public Health and 2 State Registrar of Vital Statistics; LINETTE SCOTT, in her official capacity as Deputy Di- 3 rector of Health Information & Strategic Plan- 4 ning for the California Department of Public Health; PATRICK O’CONNELL, in his official 5 capacity as Clerk-Recorder for the County of Alameda; and DEAN C. LOGAN, in his official 6 capacity as Registrar-Recorder/County Clerk for 7 the County of Los Angeles, 8 Defendants, 9 and 10 PROPOSITION 8 OFFICIAL PROPONENTS DENNIS HOLLINGSWORTH, GAIL J. 11 KNIGHT, MARTIN F. GUTIERREZ, HAK- SHING WILLIAM TAM, and MARK A. 12 JANSSON; and PROTECTMARRIAGE.COM – YES ON 8, A PROJECT OF CALIFORNIA 13 RENEWAL, 14 Defendant-Intervenors. 15 16 Additional Counsel for Defendant-Intervenors 17 ALLIANCE DEFENSE FUND 18 Timothy Chandler (CA Bar No. 234325) [email protected] 19 101 Parkshore Drive, Suite 100, Folsom, California 95630 Telephone: (916) 932-2850, Facsimile: (916) 932-2851 20 Jordan W. Lorence (DC Bar No. 385022)* 21 [email protected] Austin R. Nimocks (TX Bar No. 24002695)* 22 [email protected] 801 G Street NW, Suite 509, Washington, D.C. 20001 23 Telephone: (202) 393-8690, Facsimile: (202) 347-3622 24 * Admitted pro hac vice 25 I, Nicole J. Moss, make the following declaration pursuant to 28 U.S.C. § 1746: 26 1. I am a resident of North Carolina over 18 years of age, and my statements herein are 27 based on personal knowledge. 28 2 DECLARATION OF NICOLE JO MOSS IN SUPPORT OF DEFENDANT-INTERVENORS’ MOTION FOR PROTECTIVE ORDER, CASE NO. 09-CV-2292 VRW RR 297 Case3:09-cv-02292-VRW Document187-7 Filed09/15/09 Page4 of 7 1 2. This declaration is made in support of Defendant-Intervenors’ motion for a protective 2 order. 3 3. I am an attorney representing Defendant-Intervenors in this matter. I have been coor- 4 dinating Defendant-Intervenors’ discovery requests and responses and, in that capacity, have 5 communicated with Plaintiffs’ counsel regarding various discovery issues. 6 7 4. On August 21, 2009, Plaintiffs propounded to Defendant-Intervenors a First Set of Re- 8 quests for Production. Defendant Intervenors believe that, on their face, the Requests seek material 9 that is both irrelevant and privileged under the First Amendment. On August 27, 2009, Defendant 10 Intervenors transmitted to Plaintiffs a letter stating that we were reading the requests not to seek 11 such irrelevant and/or privileged material. On August 31, 2009, Plaintiffs responded with a letter 12 rejecting, for the most part, our reading of their requests. 13 5. In an attempt to resolve the dispute, counsel for Plaintiffs and Defendant-Intervenors 14 15 met and conferred by telephone on two occasions. Below, I describe, to the best of my recollec- 16 tion, the positions adopted by the parties on those calls. To the extent Defendant-Intervenors have 17 misunderstood or misremembered Plaintiffs’ position—or to the extent Plaintiffs’ position has 18 changed—Defendant-Intervenors welcome clarification. 19 6. The first meet and confer was on September 4, 2009. On that call, counsel for Defen- 20 dant-Intervenors explained: (i) that in the August 30 letter, Plaintiffs stated that they “do[] not seek 21 internal communications among and between [Defendant-Intervenors] regarding Proposition 8 and 22 23 the related political campaign, except to the extent that you deem such communications responsive 24 to Requests Nos. 9, 10, 13, 14, or 15”; (ii) that Requests Nos. 9, 10, 13, and 14 seek “[a]ll docu- 25 ments that tend to support or refute” the claims, denials, assertions, arguments, or responses made 26 in Defendant Intervenors Answer (Doc. # 9), Memorandum in Opposition to Motion for Prelimi- 27 28 3 DECLARATION OF NICOLE JO MOSS IN SUPPORT OF DEFENDANT-INTERVENORS’ MOTION FOR PROTECTIVE ORDER, CASE NO.
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