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District Court Trial Transcript Perry v. Schwarzenegger(MOBILE) Trial-Day 04 (Egan-Meyer) 1/14/2010 Printed : 1/15/2010 Perry v. Schwarzenegger(MOBILE) Trial-Day 04 (Egan-Meyer) 1/14/2010 8:30:00 AM - - Volume 4 672 Pages 670 - 990 APPEARANCES (CONTINUED): UNITED STATES DISTRICT COURT For Defendant MENNEMEIER, GLASSMAN & STROUD NORTHERN DISTRICT OF CALIFORNIA BEFORE THE HONORABLE VAUGHN R. WALKER Gov. Schwarzenegger: 980 9th Street, Suite 1700 KRISTIN M. PERRY, ) Sacramento, California 95814-2736 SANDRA B. STIER, PAUL T. KATAMI, ) BY: ANDREW WALTER STROUD, ESQUIRE and JEFFREY J. ZARRILLO, ) For Defendant STATE ATTORNEY GENERAL'S OFFICE ) Edmund G. Brown Jr.: 455 Golden Gate Avenue, Suite 11000 Plaintiffs, ) San Francisco, California 94102-7004 ) BY: TAMAR PACHTER, DEPUTY ATTORNEY GENERAL VS. ) NO. C 09-2292-VRW STATE OF CALIFORNIA ) Department of Justice ARNOLD SCHWARZENEGGER, in his ) Office of the Attorney General official capacity as Governor of ) California; EDMUND G. BROWN, JR., ) 1300 I Street, 17th Floor in his official capacity as ) Sacramento, California 95814 Attorney General of California; ) BY: GORDON BURNS, DEPUTY SOLICITOR GENERAL MARK B. HORTON, in his official ) For Defendant- COOPER & KIRK capacity as Director of the ) Intervenors: 1523 New Hampshire Avenue, N.W. California Department of Public ) Washington, D.C. 20036 Health and State Registrar of ) BY: CHARLES J. COOPER, ESQUIRE Vital Statistics; LINETTE SCOTT, ) DAVID H. THOMPSON, ESQUIRE in her official capacity as Deputy ) HOWARD C. NIELSON, JR., ESQUIRE Director of Health Information & ) NICOLE MOSS, ESQUIRE Strategic Planning for the ) California Department of Public ) PETER A. PATTERSON, ESQUIRE Health; PATRICK O'CONNELL, in his ) ALLIANCE DEFENSE FUND official capacity as ) 15100 North 90th Street Clerk-Recorder for the County of ) Scottsdale, Arizona 85260 Alameda; and DEAN C. LOGAN, in his ) BY: BRIAN W. RAUM, SENIOR COUNSEL official capacity as ) ALLIANCE DEFENSE FUND Registrar-Recorder/County Clerk ) 801 G Street NW, Suite 509 for the County of Los Angeles, ) Washington, D.C. 20001 ) San Francisco, California BY: JORDAN W. LORENCE, ESQUIRE Defendants. ) Thursday For Defendant OFFICE OF LOS ANGELES COUNTY COUNSEL ___________________________________) January 14, 2010 TRANSCRIPT OF PROCEEDINGS Dean C. Logan: 500 West Temple Street, Room 652 Reported By: Katherine Powell Sullivan, CRR, CSR 5812 Los Angeles, California 90012 Debra L. Pas, CRR, CSR 11916 BY: JUDY WHITEHURST, DEPUTY COUNTY COUNSEL Official Reporters - U S District Court (APPEARANCES CONTINUED ON FOLLOWING PAGE) - - 671 673 APPEARANCES: For Plaintiffs: GIBSON, DUNN & CRUTCHER LLP 1050 Connecticut Avenue, N.W. APPEARANCES (CONTINUED): Washington, D.C. 20036-5306 BY: THEODORE B. OLSON, ESQUIRE MATTHEW D. MCGILL, ESQUIRE GIBSON, DUNN & CRUTCHER LLP For Defendant 333 South Grand Avenue Los Angeles, California 90071-3197 BY: THEODORE J. BOUTROUS, JR., ESQUIRE Patrick O'Connell: OFFICE OF ALAMEDA COUNTY COUNSEL CHRISTOPHER D. DUSSEAULT, ESQUIRE GIBSON, DUNN & CRUTCHER LLP 555 Mission Street, Suite 3000 1221 Oak Street, Suite 450 San Francisco, California 94105-2933 BY: ETHAN D. DETTMER, JR., ESQUIRE ENRIQUE A. MONAGAS, ESQUIRE Oakland, California 94612 SARAH E. PIEPMEIER, ESQUIRE BOIES, SCHILLER & FLEXNER LLP 333 Main Street Armonk, New York 10504 BY: CLAUDE F. KOLM, DEPUTY COUNTY COUNSEL BY: DAVID BOIES, ESQUIRE BOIES, SCHILLER & FLEXNER LLP 575 Lexington Avenue, 7th Floor MANUEL MARTINEZ, DEPUTY COUNTY COUNSEL New York, New York 10022 BY: JOSHUA I. SCHILLER, ESQUIRE BOIES, SCHILLER & FLEXNER LLP For Mr. Garlow, AMERICAN CENTER FOR LAW & JUSTICE 1999 Harrison Street, Suite 900 Oakland, California 94612 BY: JEREMY MICHAEL GOLDMAN, ESQUIRE Mr. McPherson: 11 West Chestnut Hill Road STEVEN C. HOLTZMAN, ESQUIRE For Plaintiff- CITY AND COUNTY OF SAN FRANCISCO Intervenor: OFFICE OF THE CITY ATTORNEY One Drive Carlton B. Goodlett Place Litchfield, Connecticut 06759 San Francisco, California 94102-4682 BY: THERESE STEWART, DEPUTY CITY ATTORNEY DANNY CHOU BY: VINCENT P. MCCARTHY, ESQUIRE CHRISTINE VAN AKEN RONALD P. FLYNN MOLLIE M. LEE _ _ _ _ DEPUTY CITY ATTORNEYS (APPEARANCES CONTINUED ON FOLLOWING PAGE) Trial-Day 04 (Egan-Meyer) Unsigned Page - - - Perry v. Schwarzenegger(MOBILE) Trial-Day 04 (Egan-Meyer) 1/14/2010 8:30:00 AM - - PROCEEDINGS 674 PROCEEDINGS 676 1 P R O C E E D I N G S 1 filed motions to quash. And what I propose is, we look at the 2 JANUARY 14, 2010 8:42 A.M. 2 documents, we'd figure it out, talk to the proponents' counsel, 3 3 see if we could work out an arrangement that would allow us 4 THE COURT: Very well. Good morning, Counsel. 4 simply to move them into evidence without the -- these 5 (Counsel greet the Court.) 5 individuals having to come and testify. 6 THE COURT: Let's see. First order of business, I 6 THE COURT: As a consequence, you may be able to 7 have communicated to judge -- Chief Judge Kozinski, in light of 7 handle this matter between yourselves. 8 the Supreme Court's decision yesterday, that I'm requesting 8 MR. BOUTROUS: In short, yes. 9 that this case be withdrawn from the Ninth Circuit pilot 9 THE COURT: All right. 10 project. And he indicated that he would approve that request. 10 MR. BOUTROUS: Thank you, Your Honor. 11 And so that should take care of the broadcasting matter. 11 So we will be in touch, and then if we need to come 12 And we have motions that have been filed on behalf of 12 back, we'll do it Tuesday. 13 Mr. Garlow and Mr. McPherson. And the clerk informs me counsel 13 THE COURT: If you need to come back, alert Counsel. 14 for those parties are here present. 14 And let the clerk know when you need to see us, and we will 15 MR. MCCARTHY: Correct, Your Honor. 15 take care of the matter. 16 THE COURT: All right. Fine. 16 MR. BOUTROUS: Thank you, Your Honor. 17 MR. MCCARTHY: Vincent McCarthy, Your Honor. I was 17 THE COURT: I appreciate it. 18 admitted pro hac vice into this court very recently. 18 MR. MCCARTHY: Thank you very much, Your Honor. 19 THE COURT: Yes. I believe I signed that yesterday, 19 THE COURT: All right. Let's see. We are ready, I 20 or the day before. 20 believe, with the next witness. And you indicated who that 21 MR. MCCARTHY: I understand. 21 witness is. 22 THE COURT: Well, welcome. 22 MS. VAN AKEN: Yes. 23 MR. MCCARTHY: Thank you. 23 THE COURT: And who is going to be presenting him? 24 THE COURT: You've got quite a lineup of lawyers 24 MS. VAN AKEN: Dr. Edmund Egan, Your Honor. 25 here. 25 And my name is Christine Van Aken. - - PROCEEDINGS 675 PROCEEDINGS 677 1 MR. MCCARTHY: I understand, yes. 1 THE COURT: Ms. Rediken? 2 THE CLERK: Can you use the microphone, please. 2 MS. VAN AKEN: Van Aken. V-a-n A-k-e-n. 3 MR. MCCARTHY: Sorry. 3 THE COURT: All right. Please, call your witness. 4 I wanted to ask for Your Honor's guidance as to -- I 4 MS. VAN AKEN: Plaintiffs and plaintiff-intervenors 5 spoke to counsel for the plaintiffs, and they said they 5 call -- plaintiff-intervenor calls Dr. Edmund A. Egan to 6 wouldn't be calling my clients until at least next week. And I 6 testify. 7 wanted to know if Your Honor knew when he was going to make the 7 THE CLERK: Raise your right hand, please. 8 decision on our motion to quash, because I wanted to remain for 8 EDMUND EGAN, 9 that if it's going to be made now. 9 called as a witness for the Plaintiffs herein, having been 10 If Your Honor is going to wait until the witnesses 10 first duly sworn, was examined and testified as follows: 11 are called, I'll just go back to my office and then return at 11 THE WITNESS: I do. 12 that time. 12 THE CLERK: Thank you. State your name, please. 13 THE COURT: Mr. Boutrous, are you handling this for 13 THE WITNESS: My name is Edmund A. Egan. 14 the plaintiffs? 14 THE CLERK: And spell your last name. 15 MR. BOUTROUS: Yes, Your Honor. 15 THE WITNESS: E-g-a-n. 16 Your Honor, in discussions with counsel I suggested 16 THE CLERK: Thank you. 17 that once we have had a chance to review the documents being 17 DIRECT EXAMINATION 18 produced in this rolling production by the proponents, we would 18 BY MS. VAN AKEN: 19 have the universe of documents relating to his clients. 19 Q. Good morning, Dr. Egan. 20 We would try to work out with the proponents an 20 A. Good morning. 21 agreement that would allow us not to have to call Counsel's 21 Q. I'm going to publish a slide that summarizes -- it's a 22 clients to testify and authenticate the documents. That's the 22 simple demonstrative slide of some of your credentials. And 23 main reason that we would need them. 23 then we'll talk about those. 24 And we have several documents that we have now found 24 (Document displayed) 25 in this new production that relate to those individuals who 25 Dr. Egan, what is your current position? Trial-Day 04 (Egan-Meyer) Unsigned Page - - - Perry v. Schwarzenegger(MOBILE) Trial-Day 04 (Egan-Meyer) 1/14/2010 8:30:00 AM - - EGAN - DIRECT EXAMINATION / VAN AKEN 678 EGAN - DIRECT EXAMINATION / VAN AKEN 680 1 A. I'm the chief economist in the Controller's Office in 1 A. From the University of California at Berkeley. 2 San Francisco. 2 Q. Okay. Dr. Egan, there is no binder in front of you, but 3 (Document displayed.) 3 there should be.
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