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

Filing 202

STIPULATION and PROPOSED ORDER to Alter the Order Certifying the plf class of Major Donors. (Attachments: # 1 Exhibit A - Proposed Notice to Pl. Class of Major Donors, # 2 Exhibit B - Proposed Notice to Def. Class of District Attorneys, # 3 Exhibit C - Proposed Notice to Def. Class of Elected Attorneys, # 4 Exhibit D - Proposed Opt-Out Form, # 5 Certificate of Service)(Bieniek, Scott) Modified on 11/10/2009 (Benson, A.).

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 James Bopp, Jr. (Ind. State Bar No. 2838-84)* Richard E. Coleson (Ind. State Bar No. 11527-70)* Barry A. Bostrom (Ind. State Bar No.11912-84)* Sarah E. Troupis (Wis. State Bar No. 1061515)* Scott F. Bieniek (Ill. State Bar No. 6295901)* BOPP, COLESON & BOSTROM 1 South Sixth Street Terre Haute, IN 47807-3510 Telephone: (812) 232-2434 Facsimile: (812) 235-3685 Counsel for All Plaintiffs Benjamin W. Bull (AZ Bar No. 009940)* ALLIANCE DEFENSE FUND 15100 North 90th Street Scottsdale, Arizona 85260 Telephone: (480) 444-0020 Facsimile: (480) 444-0028 Counsel for All Plaintiffs Timothy D. Chandler (Cal. State Bar No. 234325)** ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, CA 95630 Telephone: (916) 932-2850 Facsimile: (916) 932-2851 Counsel for All Plaintiffs * Admitted Pro Hac Vice ** Designated Counsel for Service United States District Court Eastern District of California Sacramento Division PROTECTMARRIAGE.COM, et al., Plaintiffs, vs. DEBRA BOWEN, et al., Defendants. Case No. 2:09-CV-00058-MCE-DAD Stipulation to Alter the Order Certifying the Plaintiff Class of Major Donors and Request to Approve Class Notice Judge Morrison C. England, Jr. 1 Stipulation to Alter the Order Certifying the Pl. Class of Major Donors and Request to Approve Class Notice 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 I. Stipulation to Alter the Order Certifying the Plaintiff Class of Major Donors Plaintiffs ProtectMarriage.com--Yes on 8, a Project of California Renewal ("ProtectMarriage.com"), National Organization for Marriage ("NOM-California"), John Doe #1, as the representative of the Class of Major Donors, and National Organization for Marriage California PAC ("NOM-California PAC"), submit the following stipulation on behalf of the parties, whose consent is indicated below, to correct an oversight in the Court's order and memorandum granting Plaintiffs' Motion for Certification of Class Action. (Dkt. 199.) This stipulation is made pursuant to Federal Rule of Civil Procedure 23(c)(1)(C)1 and 60(a).2 On August 28, 2009, the Court granted Plaintiffs' Motion for Certification of Class Action, certifying a Plaintiff Class of Major Donors, a Defendant Class of District Attorneys, and a Defendant Class of Elected Attorneys. (Dkt. 199). The Court's order defined the Plaintiff Class of Major Donors as: All individuals and organizations that contributed ten thousand dollars ($10,000) or more to Plaintiffs ProtectMarriage.com or NOM-California. (Dkt. 199 at 2.) The language was taken directly from Plaintiffs' Motion for Certification of Class Action. (Dkt. 108 at 2.) Plaintiffs now recognize the definition is less than artfully drawn, as it leaves some ambiguity as to who may be included within the Class of Major Donors. To clear up any confusion, the parties propose that the Definition of the Class of Major Donors be defined as follows: All individuals and organizations that contributed ten thousand dollars ($10,000) or more to ProtectMarriage.com or NOM-California on or before December 31, 2008. The proposed change ensures that the Class of Major Donors is clearly defined and comports with the requirements of Federal Rule of Civil Procedure 23(c)(1)(B). "An order that grants or denies class certification may be altered or amended before final judgment." Fed. R. Civ. P. 23(c)(1)(C). "The court may correct a clerical mistake or a mistake arising from oversight or ommission whenever one is found in a judgment, order, or other part of the record. The court may do so on motion or on its own, with or without notice. . . ." Fed. R. Civ. P. 60(a). 2 Stipulation to Alter the Order Certifying the Pl. Class of Major Donors and Request to Approve Class Notice 2 1 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 II. Request to Approve Class Notice Attached hereto as Exhibit A, is Plaintiffs' proposed notice to members of the Plaintiff Class of Major Donors. Attached hereto as Exhibit B, is Plaintiffs' proposed notice to the Defendant Class of District Attorneys. Attached hereto as Exhibit C, is Plaintiffs' proposed notice to the Defendant Class of Elected Attorneys. Attached hereto as Exhibit D, is the Request for Exclusion ("Opt-Out") Form. Pursuant to Federal Rule of Civil 23(c)(2), "the court must direct notice that is practicable under the circumstances, including individual notice to all members who can be identified through reasonable effort." Plaintiffs have proposed an opt-out date of December 31, 2009. As indicated by their signatures below, the Defendants have consented to the form and content of each of the notices. Plaintiffs now respectfully request the Court's approval of the notices. If the Court approves the form and content of the notices, Plaintiffs shall send a copy of the relevant notice to each of the class members along with a copy of the request for exclusion form in sealed envelopes with postage thereon fully prepaid via United States mail. Dated this 9th day of November, 2009. Respectfully submitted, Benjamin W. Bull (Ariz. State Bar No. 009940) ALLIANCE DEFENSE FUND 15100 North 90th Street Scottsdale, Arizona 85260 Counsel for All Plaintiffs Timothy D. Chandler (Cal. Bar No. 234325) ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, CA 95630 Counsel for All Plaintiffs Designated Counsel for Service /s/ Scott F. Bieniek James Bopp, Jr. (Ind. Bar No. 2838-84) Barry A. Bostrom (Ind. Bar No.11912-84) Sarah E. Troupis (Wis. Bar No. 1061515) Scott F. Bieniek (Ill. Bar No. 6295901) BOPP, COLESON & BOSTROM 1 South Sixth Street Terre Haute, IN 47807-3510 Counsel for All Plaintiffs 3 Stipulation to Alter the Order Certifying the Pl. Class of Major Donors and Request to Approve Class Notice 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 So Stipulated: Date: October _____, 2009 Zackery P. Morazzini Counsel for Defendants Debra Bowen and Edmund G. Brown, Jr. Date: October _____, 2009 Judy W. Whitehurst Counsel for Defendant Dean C. Logan Date: October _____, 2009 Terence J. Cassidy Counsel for the Defendant Class of District Attorneys Date: October _____, 2009 Mollie M. Lee Counsel for the Defendant Class of Elected Attorneys and Department of Elections -- City and County of San Francisco Date: October _____, 2009 Lawrence T. Woodlock Counsel for Defendant Members of the Fair Political Practices Commission IT IS SO ORDERED. Date: November _____, 2009. MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 4 Stipulation to Alter the Order Certifying the Pl. Class of Major Donors and Request to Approve Class Notice 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 So Stipulated: Date: October _____, 2009 Zackery P. Morazzini Counsel for Defendants Debra Bowen and Edmund G. Brown, Jr. Date: October _____, 2009 Judy W. Whitehurst Counsel for Defendant Dean C. Logan Date: November 9, 2009 /s/ Terence J. Cassidy Terence J. Cassidy Counsel for the Defendant Class of District Attorneys As Authorized November 9, 2009 Date: October _____, 2009 Mollie M. Lee Counsel for the Defendant Class of Elected Attorneys and Department of Elections -- City and County of San Francisco Date: October _____, 2009 Lawrence T. Woodlock Counsel for Defendant Members of the Fair Political Practices Commission IT IS SO ORDERED. Date: November _____, 2009. MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 4 Stipulation to Alter the Order Certifying the Pl. Class of Major Donors and Request to Approve Class Notice