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

Filing 50

MOTION for Leave to Drop and Add Party (FRCP 21) re 10 Amended Complaint by pltfs (Attachments: # 1 Proposed Order Granting Plaintiffs' Ex Parte Rule 21 Motion)(Bieniek, Scott) Modified on 1/20/2009 (Manzer, C).

ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al Doc. 50 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) 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 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 * Designated Counsel for Service United States District Court Eastern District of California Sacramento Division ProtectMarriage.com, et al., v. Debra Bowen, et al., Defendants. Plaintiffs, Case No. 2:09-CV-00058-MCE-DAD PLAINTIFFS' EX PARTE RULE 21 MOTION TO DISMISS DEFENDANT TEICHERT AND JOIN DEFENDANT DENNIS J. HERRERA. Judge Morrison C. England, Jr. Plaintiffs' Ex Parte Motion to Dismiss Defendant Teichert and Join Defendant Dennis J. Herrera 1 Dockets.Justia.com 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 Plaintiffs ProtectMarriage.com - Yes on 8, a Project of California Renewal ("ProtectMarriage.com"), National Organization for Marriage California - Yes on 8, Sponsored by National Organization for Marriage ("NOM-California"), and Plaintiff John Doe #1, an individual, and as a representative of the Class of Major Donors, hereby apply to the Court, ex parte, pursuant to Fed. R.Civ. P. 21, for leave to dismiss Defendant Eileen Teichert, both in her official capacity as the City Attorney for the City of Sacramento, and as representative of the Class of City Attorneys, from this action as improperly joined, and for leave to join Dennis J. Herrera, the elected city attorney of the City and County of San Francisco, California, in his official capacity and as a representative of the Class of Elected City Attorneys in the State of California. Defendant Eileen Teichert, the city attorney for Sacramento, California, is not an elected city attorney and does not have the authority, pursuant to Cal. Gov't Code ("CGC") 91001.5, to enforce provisions of the Political Reform Act of 1974, Cal. Gov't Code 81000 et seq. (the "Act"). Plaintiffs originally named Defendant Eileen Teichert with the understanding that she had authority to pursue actions under Cal. Gov. Code 91001.5. Proposed Defendant Dennis J. Herrera, the city attorney for the City and County of San Francisco, California, is an elected city attorney and therefore does have enforcement authority, pursuant to CGC 91001.5, to enforce provisions of the Political Reform Act of 1974. Furthermore, Proposed Defendant Herrera would not be prejudiced by this change, as his office is already defending the Department of Elections for the City and County of San Francisco. Therefore, Plaintiffs ProtectMarriage.com, NOM-California, and the Class of Major Donors respectfully move this Court for leave to: Plaintiffs' Ex Parte Motion to Dismiss Defendant Teichert and Join Defendant Dennis J. Herrera 2 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 (1) Dismiss Defendant Eileen Teichert from this action, both in her official capacity and as a representative of the Class of City Attorneys in the State of California; and (2) Join Dennis J. Herrera, the elected city attorney of San Francisco, California, in his official capacity and as a representative of the Class of Elected City Attorneys in the State of California. Plaintiffs have filed a Stipulation to Amend with this motion, signed by all parties, consenting to filing of Plaintiffs' Second Amended Complaint. Dated this 20th day of January, 2009. Respectfully submitted, 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/ James Bopp, Jr.__________________ 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 Plaintiffs' Ex Parte Motion to Dismiss Defendant Teichert and Join Defendant Dennis J. Herrera 3 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 CERTIFICATE OF SERVICE I, Scott F. Bieniek, am over the age of 18 years and not a party to the within action. My business address is 1 South Sixth Street, Terre Haute, Indiana 47807. On January 20, 2009, I electronically filed the foregoing document described as Plaintiffs' Ex Parte Motion to Dismiss Defendant Teichert and Join Defendant Dennis J. Herrera, with the Clerk of Court using the CM/ECF system which will send notification of such filing to: Zackary Paul Morazzini Zackary.Morazzini @doj.ca.gov Attorney for Defendants Debra Bowen and Edmund C. Brown, Jr. And, pursuant to Rule 5-135(f), on January 20, 2009, I served the foregoing document described as Plaintiffs' Ex Parte Motion to Dismiss Defendant Teichert and Join Defendant Dennis J. Herrera by placing true and correct copies of the documents in sealed envelopes with postage thereon fully prepaid, in the United States mail at Terre Haute, Indiana, addressed to the following non-CM/ECF participants: Dean C. Logan Office of the Registrar-Recorder 12400 Imperial Highway Norwalk, California 90650 Department of Elections, City and County of San Francisco c/o Office of the Mayor Gavin Newsom 1 Dr. Carlton B. Goodlett Place San Francisco, California 94102 Jan Scully Office of the District Attorney 901 G Street Sacramento, California 95814 Eileen Teichert Office of the City Attorney New City Hall Building 915 I Street, 4th Floor Sacramento, California 95814 Plaintiffs' Ex Parte Motion to Dismiss Defendant Teichert and Join Defendant Dennis J. Herrera 4 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 Ross Johnson California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Timothy Hodson California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Eugene Huguenin, Jr. California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Robert Leidigh California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 and Ray Remy California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Defendants I declare under the penalty of perjury under the laws of the State of Indiana that the above is true and correct. Executed on January 20, 2009. /s/ Scott F. Bieniek Scott F. Bieniek (Ill. State Bar No. 6295901) Counsel for All Plaintiffs Plaintiffs' Ex Parte Motion to Dismiss Defendant Teichert and Join Defendant Dennis J. Herrera 5