Perry et al v. Schwarzenegger et al

Filing 661

Declaration of Therese M. Stewart in Support of 660 Memorandum in Opposition, filed byCity and County of San Francisco. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 660 ) (Flynn, Ronald) (Filed on 5/6/2010)

Download PDF
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 DENNIS J. HERRERA, State Bar #139669 City Attorney THERESE M. STEWART, State Bar #104930 Chief Deputy City Attorney DANNY CHOU, State Bar #180240 Chief of Complex and Special Litigation RONALD P. FLYNN, State Bar #1841867 VINCE CHHABRIA, State Bar #208557 ERIN BERNSTEIN, State Bar #231539 CHRISTINE VAN AKEN, State Bar #241755 MOLLIE M. LEE, State Bar #251404 Deputy City Attorneys City Hall, Room 234 One Dr. Carlton B. Goodlett Place San Francisco, California 94102-4682 Telephone: (415) 554-4708 Facsimile: (415) 554-4699 Attorneys for Plaintiff-Intervenor CITY AND COUNTY OF SAN FRANCISCO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KRISTIN M. PERRY, SANDRA B. STIER, PAUL T. KATAMI, and JEFFREY J. ZARRILLO, Plaintiffs, vs. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of California; EDMUND G. BROWN JR., in his official capacity as Attorney 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. DECL. OF THERESE M. STEWART CASE NO. 09-CV-2292 VRW Case No. 09-CV-2292 VRW DECLARATION OF THERESE M. STEWART IN SUPPORT OF PLAINTIFF-INTERVENOR CITY AND COUNTY OF SAN FRANCISCO'S OPPOSITION TO DEFENDANTINTERVENORS PROPONENTS AND DR. TAM'S MOTIONS TO STRIKE / RECONSIDER Trial: Jan. 11-27, 2010 Judge: Chief Judge Vaughn R. Walker Location: Courtroom 6, 17th Floor 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 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. 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. CITY AND COUNTY OF SAN FRANCISCO, Plaintiff-Intervenor vs. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of California; EDMUND G. BROWN JR., in his official capacity as Attorney 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; and LINETTE SCOTT, in her official capacity as Deputy Director of Health Information & Strategic Planning for the California Department of Public Health, Defendants. DECL. OF THERESE M. STEWART CASE NO. 09-CV-2292 VRW 1 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, Therese M. Stewart, declare as follows: 1. I am an attorney at law licensed to practice in the State of California and admitted to the bar of this Court. I serve as Chief Deputy City Attorney for the City and County of San Francisco and have served in that role since March 2002. I am counsel of record for Plaintiff-Intervenor City and County of San Francisco, and I have personal knowledge of the facts set forth in this declaration, and if called as a witness, I can and would testify competently thereto. 2. Attached as Exhibit A to this declaration is a true and correct copy of Plaintiffs' and Plaintiff-Intervenor's 30(b)(6) Amended Notice of Deposition of ProtectMarriage.com. ProtectMarriage.com designated Ronald Prentice of the 30(b)(6) deponent, and I took his deposition in his corporate and individual capacity on December 17 and December 18, 2009. 3. Attached as Exhibit B to this declaration is a true and correct copy of the relevant portions of the transcript of the deposition of Ronald Prentice taken in both his corporate and individual capacity on December 17, 2009. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that if called as a witness I could competently testify thereto. Executed this 6th day of May 2010, at San Francisco, California. By: /s/ THERESE M. STEWART DECL. OF THERESE M. STEWART CASE NO. 09-CV-2292 VRW 2