Perry et al v. Schwarzenegger et al

Filing 444

Declaration of Kaiponanea T Matsumura in Support of 443 Memorandum in Opposition, to Motions to Quash filed byPaul T. Katami, Kristin M. Perry, Sandra B. Stier, Jeffrey J. Zarrillo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Related document(s) 443 ) (Boutrous, Theodore) (Filed on 1/12/2010)

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Perry et al v. Schwarzenegger et al Doc. 444 Case3:09-cv-02292-VRW Document444 Filed01/12/10 Page1 of 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 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 KAIPONANEA T. MATSUMURA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO MOTIONS OF BILL CRISWELL, JAMES L. GARLOW, AND MILES MCPHERSON TO QUASH SUBPOENAS TO APPEAR AND TESTIFY 09-CV-2292 VRW DECLARATION OF KAIPONANEA T. MATSUMURA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO MOTIONS TO QUASH Dockets.Justia.com Case3:09-cv-02292-VRW Document444 Filed01/12/10 Page2 of 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 Gibson, Dunn & Crutcher LLP I, Kaiponanea T. Matsumura, declare as follows: 1. I am an attorney licensed to practice law in the State of California and in the Northern District of California. I am an associate in the law firm of Gibson, Dunn & Crutcher LLP, counsel of record for Plaintiffs Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo in the above-captioned matter. I make this declaration in support of Plaintiffs' Opposition to Motions of Bill Criswell, James L. Garlow, and Miles McPherson to Quash Subpoenas to Appear and Testify. The information below is stated on personal knowledge and if called as a witness, I could and would testify competently thereto. 2. Attached hereto as Exhibit A is a true and correct copy of Jessica Garrison, "Churches Plan a Big Push Against Same-Sex Marriage," L.A. Times, Aug. 24, 2008, downloaded from http://articles.latimes.com/2008/aug/24/local/me-faith24 on January 12, 2010. 3. Attached hereto as Exhibit B is a true and correct copy of Blog Post, Pastors Defending Marriage, Ministry Today, July 14, 2008, downloaded from http://www.ministrytodaymag.com/blog/2008/07/pastors-defending-marriage.html on January 12, 2010. 4. Attached hereto as Exhibit C is a true and correct copy of Ashley Surdin, "Calif. Gay- Marriage Ban Appears to Lose Support," Washington Post, Oct. 2, 2008, downloaded from http://www.washingtonpost.com/wp-dyn/content/article/2008/10/01/AR2008100103037.html on January 12, 2010. 5. Attached hereto as Exhibit D is a true and correct copy of Jennifer Kearns, "iProtectMarriage.com Targets the Youth Vote with Facts about California's Proposition 8 Campaign," Christian Newswire, Sept. 2, 2008, downloaded from http://www.christianwire.com/news/401657717.html on January 12, 2010. 6. Attached hereto as Exhibit E is a true and correct copy of the cover letter, subpoena to appear and testify at a hearing or trial in a civil action, and check, sent by Enrique A. Monagas to Bill Criswell, dated December 23, 2009. 2 09-CV-2292 VRW DECLARATION OF KAIPONANEA T. MATSUMURA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO MOTIONS TO QUASH Case3:09-cv-02292-VRW Document444 Filed01/12/10 Page3 of 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 Gibson, Dunn & Crutcher LLP 7. Attached hereto as Exhibit F is a true and correct copy of an executed Acknowledgment of Service of Civil Subpoena and Agreement to Appear, signed by Bill Criswell and dated December 23, 2009. 8. Attached hereto as Exhibit G is a true and correct copy of the cover letter, subpoena to appear and testify at a hearing or trial in a civil action, and check, sent by Enrique A. Monagas to Miles McPherson, dated December 28, 2009. 9. Attached hereto as Exhibit H is a true and correct copy of a proof of service on Miles McPherson recording service of the subpoena on Thursday, December 31, 2009. 10. Attached hereto as Exhibit I is a true and correct copy of an executed Acknowledgment of Service of Civil Subpoena and Agreement to Appear, signed by Miles McPherson and dated January 7, 2010. 11. Attached hereto as Exhibit J is a true and correct copy of the cover letter, subpoena to appear and testify at a hearing or trial in a civil action, and check, sent by Enrique A. Monagas to Dr. Jim Garlow, dated December 28, 2009. 12. Attached hereto as Exhibit K is a true and correct copy of a proof of service on Dr. Jim Garlow recording service of the subpoena on Tuesday, January 5, 2010. I declare, under penalty of perjury under the laws of the United States, that these facts are true and correct and that this Declaration is executed this 12th day of January, 2010, at San Francisco, California. /s/ Kaiponanea T. Matsumura Kaiponanea T. Matsumura 3 09-CV-2292 VRW DECLARATION OF KAIPONANEA T. MATSUMURA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO MOTIONS TO QUASH Case3:09-cv-02292-VRW Document444 Filed01/12/10 Page4 of 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 Gibson, Dunn & Crutcher LLP ATTESTATION PURSUANT TO GENERAL ORDER NO. 45 Pursuant to General Order No. 45 of the Northern District of California, I attest that concurrence in the filing of the document has been obtained from each of the other signatories to this document. /s/ Theodore Boutrous, Jr Theodore Boutrous, Jr. 4 09-CV-2292 VRW DECLARATION OF KAIPONANEA T. MATSUMURA IN SUPPORT OF PLAINTIFFS' OPPOSITION TO MOTIONS TO QUASH