ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al

Filing 166

MOTION to SHORTEN TIME for Hearing on Rule 56(f) Motion by Timothy Hodson, Eugene Huguenin, Jr, Robert Leidigh, Ray Remy, Debra Bowen, Edmund G. Brown, Jr, Ross Johnson. (Attachments: # 1 Declaration Morazzini)(Morazzini, Zackery)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EDMUND G. BROWN JR., State Bar No. 37100 Attorney General of California DOUGLAS J. WOODS, State Bar No. 161531 Supervising Deputy Attorney General ZACKERY P. MORAZZINI, State Bar No. 204237 Deputy Attorney General 1300 I Street, Suite 125 P.O. Box 944255 Sacramento, CA 94244-2550 Telephone: (916) 445-8226 Fax: (916) 324-5567 E-mail: Zackery.Morazzini@doj.ca.gov Attorneys for Defendants Debra Bowen, California Secretary of State; Edmund G. Brown Jr., California Attorney General SCOTT HALLABRIN, General Counsel, SBN: 076662 LAWRENCE T. WOODLOCK, SBN: 137676 Fair Political Practices Commission 428 J Street, Suite 800 Sacramento, CA 95814 Telephone: (916) 322-5660 Fax: (916) 327-2026 E-mail: lwoodlock@fppc.ca.gov Attorneys for Defendants Members of the Fair Political Practices Commission IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA PROTECTMARRIAGE.COM, et al., 2:09-cv-00058-MCE-DAD v. Plaintiff, EX PARTE APPLICATION TO SHORTEN TIME FOR HEARING ON STATE DEFENDANTS' RULE 56(f) MOTION Date: TBD Time: TBD Courtroom: 7, 14th Floor The Honorable Morrison C. England, Jr. Defendants. Trial Date: March 14, 2011 Action Filed: January 7, 2009 DEBRA BOWEN, SECRETARY OF STATE FOR THE STATE OF CALIFORNIA, et al., Defendants Debra Bowen, in her official capacity as the Secretary of State for the State of California, Edmund G. Brown Jr., in his official capacity as Attorney General of the State of California, and the individual members of the California Fair Political Practices Commission in 1 Ex Parte Application to Shorten Time (2:09-cv-00058-MCE-DAD) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 their official capacities ("State Defendants") will and hereby do apply ex parte to shorten the time to be heard on their Motion to Deny Plaintiffs' Motion for Summary Judgment or, in the Alternative, Continue the Hearing Date of Plaintiffs' Motion, pursuant to rule 56(f) of the Federal Rules of Civil Procedure. This ex parte application is brought pursuant to Local Rule 6-144(e), and is supported by the declaration of Zackery P. Morazzini, counsel of record in this matter. This ex parte application is made on the grounds, as set forth in detail in the Morazzini Declaration, that given the hearing date of August 13, 2009, as noticed by Plaintiffs for their Motion for Summary Judgment, the State Defendants do not have sufficient time under existing rules of court to be heard on their rule 56(f) motion prior to the hearing on Plaintiffs' Summary Judgment motion without being prejudiced with regard to opposing Plaintiffs' Motion. Therefore, the State Defendants respectfully request that a hearing on their rule 56(f) motion, if deemed necessary by the Court, be set for no later than June 19, 2009, with a briefing schedule adjusted accordingly as deemed appropriate by the Court. Such a hearing date would provide sufficient time for Plaintiffs to oppose, should they so desire, the State Defendants' rule 56(f) motion. Dated: June 5, 2009 Respectfully submitted, EDMUND G. BROWN JR. Attorney General of California DOUGLAS J. WOODS Supervising Deputy Attorney General /s/ Zackery P. Morazzini ZACKERY P. MORAZZINI Deputy Attorney General Attorneys for Defendants Debra Bowen, California Secretary of State; Edmund G. Brown Jr., California Attorney General Fair Political Practices Commission SCOTT HALLABRIN, General Counsel LAWRENCE T. WOODLOCK /s/ Lawrence T. Woodlock LAWRENCE T. WOODLOCK Attorneys for Defendants Members of the Fair Political Practices Commission 2 Ex Parte Application to Shorten Time (2:09-cv-00058-MCE-DAD)