Perry et al v. Schwarzenegger et al

Filing 656

Declaration of Peter A. Patterson in Support of 655 MOTION to Seal filed byMartin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight, ProtectMarriage.com - Yes on 8, A Project of California Renewal. (Related document(s) 655 ) (Cooper, Charles) (Filed on 5/5/2010)

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 COOPER AND KIRK, PLLC Charles J. Cooper (DC Bar No. 248070)* ccooper@cooperkirk.com David H. Thompson (DC Bar No. 450503)* dthompson@cooperkirk.com Howard C. Nielson, Jr. (DC Bar No. 473018)* hnielson@cooperkirk.com Nicole J. Moss (DC Bar No. 472424)* nmoss@cooperkirk.com Peter A. Patterson (OH Bar No. 0080840)* ppatterson@cooperkirk.com 1523 New Hampshire Ave. N.W., Washington, D.C. 20036 Telephone: (202) 220-9600, Facsimile: (202) 220-9601 LAW OFFICES OF ANDREW P. PUGNO Andrew P. Pugno (CA Bar No. 206587) andrew@pugnolaw.com 101 Parkshore Drive, Suite 100, Folsom, California 95630 Telephone: (916) 608-3065, Facsimile: (916) 608-3066 ALLIANCE DEFENSE FUND Brian W. Raum (NY Bar No. 2856102)* braum@telladf.org James A. Campbell (OH Bar No. 0081501)* jcampbell@telladf.org 15100 North 90th Street, Scottsdale, Arizona 85260 Telephone: (480) 444-0020, Facsimile: (480) 444-0028 ATTORNEYS FOR DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, MARK A. JANSSON, and PROTECTMARRIAGE.COM ≠ YES ON 8, A PROJECT OF CALIFORNIA RENEWAL * Admitted pro hac vice UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KRISTIN M. PERRY, SANDRA B. STIER, PAUL CASE NO. 09-CV-2292 VRW T. KATAMI, and JEFFREY J. ZARRILLO, Plaintiffs, CITY AND COUNTY OF SAN FRANCISCO, Plaintiff-Intervenor, v. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of California; EDMUND G. BROWN, JR., in his official capacity as Attorney DECLARATION OF PETER A PATTERSON IN SUPPOPRT OF DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, MARK A. JANSSON, AND PROTECTMARRIAGE.COM'S ADMINISTRATIVE MOTION FOR SEALING ORDER PURSUANT TO LOCAL RULES 7-11 AND 79-5 DECLARATION OF PETER A. PATTERSON IN SUPPORT OF DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR SEALING ORDER CASE NO. 09-CV-2292 VRW 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 General of California; MARK B. HORTON, in his official capacity as Director of the California Department of Public Health and State Registrar of Vital Statistics; LINETTE SCOTT, in her official capacity as Deputy Director of Health Information & Strategic Planning for the California Department of Public Health; PATRICK O'CONNELL, in his official capacity as Clerk-Recorder for the County of Alameda; and DEAN C. LOGAN, in his official capacity as Registrar-Recorder/County Clerk for the County of Los Angeles, Defendants, and PROPOSITION 8 OFFICIAL PROPONENTS DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, HAKSHING WILLIAM TAM, and MARK A. JANSSON; and PROTECTMARRIAGE.COM ≠ YES ON 8, A PROJECT OF CALIFORNIA RENEWAL, Defendant-Intervenors. Additional Counsel for Defendant-Intervenors ALLIANCE DEFENSE FUND Timothy Chandler (CA Bar No. 234325) tchandler@telladf.org 101 Parkshore Drive, Suite 100, Folsom, California 95630 Telephone: (916) 932-2850, Facsimile: (916) 932-2851 Jordan W. Lorence (DC Bar No. 385022)* jlorence@telladf.org Austin R. Nimocks (TX Bar No. 24002695)* animocks@telladf.org 801 G Street NW, Suite 509, Washington, D.C. 20001 Telephone: (202) 393-8690, Facsimile: (202) 347-3622 * Admitted pro hac vice DECLARATION OF PETER A. PATTERSON IN SUPPORT OF DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR SEALING ORDER CASE NO. 09-CV-2292 VRW 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, Peter A. Patterson, declare as follows: 1. I am an attorney licensed to practice law in the State of Ohio and am admitted pro hac vice in this case. I am an associate at the law firm of Cooper & Kirk, PLLC, counsel of record for Defendant-Intervenors Dennis Hollingsworth, Gail Knight, Martin Gutierrez, Mark Jansson, and ProtectMarriage.com ("Proponents"). I make this declaration in support of Defendant-Intervenors' Administrative Motion for Sealing Order Pursuant to Local Rules 7-11 and 79-5. 2. On April 27, 2010, No on Proposition 8, Campaign for Marriage Equality, A Project of the American Civil Liberties Union ("ACLU") and Equality California produced documents to Proponents pursuant to Magistrate Judge Spero's Order of March 5, 2010. See Doc # 610. 3. Proponents have prepared a motion to supplement the record with exhibits consisting of records produced by the ACLU and Equality California. It is Proponents' understanding that the ACLU and Equality California have designated the exhibits "Confidential" or "Highly Confidential ≠ Attorneys' Eyes Only" under the protective order governing this case. 4. To date, Proponents have not received written permission from the ACLU or Equality California granting permission to file the exhibits in the public record, nor has the Court entered an order to that effect. 5. Proponents' Motion to Supplement the Record consists chiefly of references to and quotations from the exhibits designated for protection. 6. Proponents do not concede that the ACLU and Equality California have properly designated exhibits as protected under the terms of the protective order. Proponents are in the midst of reviewing the documents for the purpose of making that determination, as well as conferring with the ACLU and Equality California regarding their designations. 7. Proponents have notified the ACLU and Equality California of their intention to file this motion. 8. Proponents are today lodging with the Clerk a proposed order sealing the documents and the documents themselves, along with a second copy of the documents for the Court's chambers. Proponents are also today serving these items on Plaintiffs and Plaintiff-Intervenor. Proponents will 1 DECLARATION OF PETER A. PATTERSON IN SUPPORT OF DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR SEALING ORDER CASE NO. 09-CV-2292 VRW 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 serve any other party that represents that it desires service and that it will adhere to the provisions of the protective order governing this case. 9. A stipulation could not be obtained in this matter because Civil Local Rule 79-5(a) prohibits the sealing of documents or information by agreement of the parties, and therefore the parties are unable to enter into such a stipulation. 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 5th day of May, 2010, at Cincinnati, Ohio. Dated: May 5, 2010 /s/Peter A. Patterson Peter A. Patterson 2 DECLARATION OF PETER A. PATTERSON IN SUPPORT OF DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR SEALING ORDER CASE NO. 09-CV-2292 VRW