Kristin Perry, et al v. Dennis Hollingsworth, et al

Filing 7

Filed order (KIM MCLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON) Upon review of the record and the moving papers, we have determined that oral argument is necessary to fully consider the range of issues presented by the pending emergency stay motion. Oral argument shall be held on Tuesday, December 1, 2009 at 11:00 a.m. at The Richard H. Chambers Courthouse in Pasadena, California. Each side will have twenty minutes to present its arguments. The parties shall be prepared to address the question of jurisdiction under the collateral order doctrine, the merits of the First Amendment privilege issue, and whether a temporary stay pending a resolution of the merits should be granted under Nken v. Holder, 129 S. Ct. 1749, 1760-61 (2009). In addition, the parties shall be prepared to address the propriety of the issuance of a writ of mandate. The stay issued on November 20, 2009 remains in effect. Appellants are relieved of the November 30, 2009 deadline for producing discovery. The parties, however, must comply with Magistrate Judge Spero’s remaining orders, including that they meet and confer to determine the terms of an appropriate protective order. On or before Friday, November 27, 2009, appellants shall submit under seal five copies of the twenty-one documents Chief Judge Walker deemed responsive in his November 11, 2009 order. Appellants shall submit the copies as follows: one copy to each Judge’s resident chambers, one copy to Judge Berzon’s visiting chambers in Pasadena, and one copy to the Clerk of Court. IT IS SO ORDERED. [7143028] [09-17241, 09-17551] (DAF)

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K r i s t i n Perry, et al v. Dennis Hollingsworth, et al Doc. 7 F IL E D UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NOV 25 2009 MOLLY C. DWYER, CLERK U . S . C O U R T OF APPE A L S K R IS T IN M. PERRY; et al., Plaintiffs - Appellees, P R O P O S IT IO N 8 OFFICIAL PROPONENTS, Defendant-intervenor A p p e lla n t, v. A R N O L D SCHWARZENEGGER, in his o f f ic ia l capacity as Governor of California; et al., Defendants, and D E N N IS HOLLINGSWORTH; et al., Defendant-intervenors A p p e lla n ts , v. C IT Y AND COUNTY OF SAN F R A N C IS C O , Plaintiff-intervenor. N o . 09-17241 D .C . No. 3:09-cv-02292-VRW N o rth ern District of California, San Francisco ORDER Dockets.Justia.com K R IS T IN M. PERRY; et al., Plaintiffs - Appellees, v. ARNOLD SCHWARZENEGGER; et al., Defendants, an d D E N N IS HOLLINGSWORTH; et al., Defendant-intervenors A p p e lla n ts , v. O U R FAMILY COALITION; et al., Plaintiff-intervenors A p p e lle e s . N o . 09-17551 D .C . No. 3:09-cv-02292-VRW N o rth ern District of California, San Francisco B efo re: WARDLAW, FISHER and BERZON, Circuit Judges. U p o n review of the record and the moving papers, we have determined that o ral argument is necessary to fully consider the range of issues presented by the p en d in g emergency stay motion. Oral argument shall be held on Tuesday, D ecem b er 1, 2009 at 11:00 a.m. at The Richard H. Chambers Courthouse in P asad en a, California. Each side will have twenty minutes to present its arguments. 2 09-17241, 09-17551 T h e parties shall be prepared to address the question of jurisdiction under the co llateral order doctrine, the merits of the First Amendment privilege issue, and w h e th e r a temporary stay pending a resolution of the merits should be granted u n d e r Nken v. Holder, 129 S. Ct. 1749, 1760-61 (2009). In addition, the parties s h a ll be prepared to address the propriety of the issuance of a writ of mandate. T h e stay issued on November 20, 2009 remains in effect. Appellants are reliev ed of the November 30, 2009 deadline for producing discovery. The parties, h o w ev er, must comply with Magistrate Judge Spero's remaining orders, including th a t they meet and confer to determine the terms of an appropriate protective order. O n or before Friday, November 27, 2009, appellants shall submit under seal fiv e copies of the twenty-one documents Chief Judge Walker deemed responsive in h is November 11, 2009 order. Appellants shall submit the copies as follows: one co p y to each Judge's resident chambers, one copy to Judge Berzon's visiting ch am b ers in Pasadena, and one copy to the Clerk of Court. IT IS SO ORDERED. 3 09-17241, 09-17551