Kristin Perry, et al v. Arnold Schwarzenegger, et al

Filing 406

Filed order (STEPHEN R. REINHARDT, MICHAEL DALY HAWKINS and N. RANDY SMITH) We deny as untimely the motion of Chuck Storey, County Clerk of Imperial County, to intervene as a Defendant-Appellant in these appeals. As a result, Storey is not entitled to petition for rehearing. See Day v. Apoliona, 505 F.3d 963, 964 (9th Cir. 2007) (“Under Federal Rule of Appellate Procedure 35(b), only a party to a matter before this court may petition for rehearing or rehearing en banc.”). We therefore dismiss his petition for rehearing en banc. [8077667] [10-16696, 11-16577] (KKW)

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FILED UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KRISTIN M. PERRY; et al., Plaintiffs - Appellees, CITY AND COUNTY OF SAN FRANCISCO, Intervenor-Plaintiff - FEB 22 2012 MOLLY C. DWYER, CLERK U .S. C O U R T OF APPE ALS No. 10-16696 D.C. No. 3:09-cv-02292-VRW Northern District of California, San Francisco ORDER Appellee, v. EDMUND G. BROWN, Jr., in his official capacity as Governor of California; et al., Defendants, HAK-SHING WILLIAM TAM, Intervenor-Defendant, and DENNIS HOLLINGSWORTH; et al., Intervenor-Defendants Appellants. KRISTIN M. PERRY; et al., Plaintiffs - Appellees, No. 11-16577 D.C. No. 3:09-cv-02292-JW Northern District of California, CITY AND COUNTY OF SAN FRANCISCO, San Francisco Intervenor-Plaintiff Appellee, v. EDMUND G. BROWN, Jr., in his official capacity as Governor of California; et al., Defendants, HAK-SHING WILLIAM TAM, Intervenor-Defendant, and DENNIS HOLLINGSWORTH; et al., Intervenor-Defendants Appellants. Before: REINHARDT, HAWKINS, and N.R. SMITH, Circuit Judges. We deny as untimely the motion of Chuck Storey, County Clerk of Imperial County, to intervene as a Defendant-Appellant in these appeals. As a result, Storey is not entitled to petition for rehearing. See Day v. Apoliona, 505 F.3d 963, 964 (9th Cir. 2007) (“Under Federal Rule of Appellate Procedure 35(b), only a party to a matter before this court may petition for rehearing or rehearing en banc.”). We therefore dismiss his petition for rehearing en banc.