Perry et al v. Schwarzenegger et al

Filing 298

Letter from Ethan D. Dettmer. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Dettmer, Ethan) (Filed on 12/8/2009)

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Perry et al v. Schwarzenegger et al Doc. 298 Case3:09-cv-02292-VRW Document298 LAWYERS Filed12/08/09 Page1 of 1 GIBSON, DUNN & CRUTCHER LLP A REGISTERED LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS __________ 555 Mission Street, Suite 3000, San Francisco, California 94105-2933 (415) 393-8200 www.gibsondunn.com EDettmer@gibsondunn.com December 8, 2009 (415) 393-8292 (415) 374-8444 The Honorable Vaughn R. Walker Chief Judge of the United States District Court for the Northern District of California 450 Golden Gate Ave. San Francisco, California 94102 Re: Perry v. Schwarzenegger, Case No. C-09-2292 VRW Fax No. Direct Dial T 36330-00001 Client Matter No. Dear Chief Judge Walker: I write regarding Mr. Panuccio's letter of earlier today (Doc #297), in order to correct an apparent misunderstanding. Specifically, Plaintiffs' request to file an omnibus motion to compel is procedural in nature, and is based on the facts that 1) these disputes arose last week, and 2) the trial date is fast approaching. Doc #289. Mr. Panuccio's stated concern that Plaintiffs have "failed to comply with their meet-and-confer obligations" is wrong. Counsel have discussed Proponents' improper objections at length at deposition, to no avail. Our other communications with Proponents' counsel have not been fruitful, as calls have not been returned and written responses delayed. As reflected in my letter sent to Mr. Panuccio shortly after his letter to the Court, this dispute is ripe for resolution, and is not relitigation of decided issues. My December 3 & 8 letters are attached as Exhibits A and B, respectively. Plaintiffs submit that, under the circumstances, an omnibus motion is the most efficient way to resolve these issues and have responsive testimony and documents for use at trial. Respectfully submitted, /s/ Ethan D. Dettmer Ethan D. Dettmer Counsel for Plaintiffs cc: Counsel of Record Dockets.Justia.com