Perry et al v. Schwarzenegger et al

Filing 417

Declaration of Rebecca Justice Lazarus in Support of 416 MOTION to Shorten Time for Plaintiffs' Administrative Motion to Seal Documents filed byKristin M. Perry. (Related document(s) 416 ) (Boutrous, Theodore) (Filed on 1/12/2010)

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Perry et al v. Schwarzenegger et al Doc. 417 Case3:09-cv-02292-VRW Document417 Filed01/12/10 Page1 of 6 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 Gibson, Dunn & Crutcher LLP GIBSON, DUNN & CRUTCHER LLP Theodore B. Olson, SBN 38137 tolson@gibsondunn.com Matthew D. McGill, pro hac vice Amir C. Tayrani, SBN 229609 1050 Connecticut Avenue, N.W., Washington, D.C. 20036 Telephone: (202) 955-8668, Facsimile: (202) 467-0539 Theodore J. Boutrous, Jr., SBN 132009 tboutrous@gibsondunn.com Christopher D. Dusseault, SBN 177557 Ethan D. Dettmer, SBN 196046 Sarah E. Piepmeier, SBN 227094 Theane Evangelis Kapur, SBN 243570 Enrique A. Monagas, SBN 239087 333 S. Grand Avenue, Los Angeles, California 90071 Telephone: (213) 229-7804, Facsimile: (213) 229-7520 BOIES, SCHILLER & FLEXNER LLP David Boies, pro hac vice dboies@bsfllp.com 333 Main Street, Armonk, New York 10504 Telephone: (914) 749-8200, Facsimile: (914) 749-8300 Jeremy M. Goldman, SBN 218888 jgoldman@bsfllp.com Theodore H. Uno, SBN 248603 1999 Harrison Street, Suite 900, Oakland, California 94612 Telephone: (510) 874-1000, Facsimile: (510) 874-1460 Attorneys for Plaintiffs KRISTIN M. PERRY, SANDRA B. STIER, PAUL T. KATAMI, and JEFFREY J. ZARRILLO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KRISTIN M. PERRY, et al., Plaintiffs, and CITY AND COUNTY OF SAN FRANCISCO, Plaintiff-Intervenor, v. ARNOLD SCHWARZENEGGER, et al., Defendants, and PROPOSITION 8 OFFICIAL PROPONENTS DENNIS HOLLINGSWORTH, et al., Defendant-Intervenors. CASE NO. 09-CV-2292 VRW DECLARATION OF REBECCA JUSTICE LAZARUS IN SUPPORT OF PLAINTIFFS' MOTION TO SHORTEN TIME FOR PLAINTIFFS' ADMINISTRATIVE MOTION TO SEAL DOCUMENTS PURSUANT TO CIVIL LOCAL RULE 6-3 Trial Date: January 11, 2010 Judge: Chief Judge Walker Location: Courtroom 6, 17th Floor 09-CV-2292 VRW DECLARATION OF REBECCA JUSTICE LAZARUS IN SUPPORT OF MOTION TO SHORTEN TIME Dockets.Justia.com Case3:09-cv-02292-VRW Document417 Filed01/12/10 Page2 of 6 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 Gibson, Dunn & Crutcher LLP I, Rebecca Justice Lazarus, declare as follows: 1. I, Rebecca Justice Lazarus, am an attorney at law, duly licensed to practice before all courts of the State of California and before the United States District Court for the Northern District of California. I am an associate with Gibson, Dunn & Crutcher LLP, counsel of record for Plaintiffs in the above-captioned matters. I have personal knowledge of the facts stated herein and could and would testify competently thereto if called upon to do so. 2. Pursuant to Northern District of California Civil Local Rules ("Civil Local Rules") 7- 11 and 79-5(d), and the Protective Order entered in this action on January 7, 2010, see Doc #361, Plaintiffs have concurrently filed a motion for administrative relief to file certain documents, or portions thereof, under seal ("Administrative Motion") because they have been designated "Highly Confidential" by Proponents: 3. Plaintiffs have concurrently submitted the Administrative Motion because they wish to introduce these documents received from Proponents as evidence at trial, which has already commenced. Plaintiffs received the documents on January 10, 2010, following this Court's January 8, 2010, order compelling production on a rolling basis. Doc #372 at 5. 4. Plaintiffs believe that it would be in all parties' interest to resolve this matter as soon as possible given the ongoing trial and Plaintiffs' desire to use the document at trial and have filed the Motion to Shorten Time for that reason. 5. On January 11, 2010, I sent an e-mail to Nicole J. Moss and David Thompason, counsel for Proponents, requesting that Proponents stipulate to a shortened schedule for resolving this question. Specifically, I requested that Proponents stipulate that they would file and serve a declaration with the Court establishing why all or part of the designated information is sealable or withdrawing their designation by no later than January 12, 2010 at 8:00 AM pursuant to Local Rules 6-2 and 79-5(d). A true and correct copy of the e-mail is attached hereto as Exhibit A. 1 09-CV-2292 VRW DECLARATION OF REBECCA JUSTICE LAZARUS IN SUPPORT OF PLAINTIFFS' MOTION TO SHORTEN TIME Case3:09-cv-02292-VRW Document417 Filed01/12/10 Page3 of 6 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 Gibson, Dunn & Crutcher LLP 6. 7. I did not receive a response from counsel for Proponents. I am aware of two previous time modifications in this case. A stipulation was granted to extend time for the Administration Defendants to serve and file their Answer to the Complaint in Intervention. Doc #170. The parties also entered into a joint stipulation to extend pretrial filing deadlines. Doc #266. 8. I do not believe that the requested time modification would have any effect on the schedule for this case. Indeed, given that Proponents produced these documents less than two days ago, and trial has already commenced, Plaintiffs would be prejudiced if the requested time modification was not granted. I declare under penalty of perjury that the foregoing is true and correct. Executed this 12th day of January, 2010. By: /s/ Rebecca Justice Lazarus 2 09-CV-2292 VRW DECLARATION OF REBECCA JUSTICE LAZARUS IN SUPPORT OF PLAINTIFFS' MOTION TO SHORTEN TIME Case3:09-cv-02292-VRW Document417 Filed01/12/10 Page4 of 6 Exhibit A Case3:09-cv-02292-VRW Document417 Filed01/12/10 Page5 of 6 Case3:09-cv-02292-VRW Document417 Filed01/12/10 Page6 of 6