Perry et al v. Schwarzenegger et al

Filing 673

Administrative Motion to File Under Seal filed by Martin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight, ProtectMarriage.com - Yes on 8, A Project of California Renewal. (Attachments: # 1 Attachment 1 -- List of Exhibits, # 2 Attachment 2 -- Unrestricted Documents, # 3 Attachment 3 -- Redacted Documents, # 4 Attachmnet 4 -- Amended Motion to Supplement the Record, # 5 Declaration, # 6 Proposed Order)(Cooper, Charles) (Filed on 6/2/2010)

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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 General of California; MARK B. HORTON, in his DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR A SEALING ORDER CASE NO. 09-CV-2292 VRW DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, MARK A. JANSSON, AND PROTECTMARRIAGE.COM'S ADMINISTRATIVE MOTION FOR A SEALING ORDER 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 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 DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR A 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 NOTICE OF MOTION AND MOTION Pursuant to Northern District of California Civil Local Rules 7-11 and 79-5, DefendantIntervenors Hollingsworth, Knight, Gutierrez, Jansson, and ProtectMarriage.com ("Proponents") hereby move for an administrative order sealing: (1) portions of exhibits consisting of documents produced by No on Proposition 8, Campaign for Marriage Equality: A Project of the American Civil Liberties Union of Northern California ("ACLU") and Equality California, and (2) a version of our amended motion to supplement the record tracking changes made to our initial motion. Background. On May 5, we sought leave of court to submit under seal our motion to supplement the evidentiary record and the exhibits to which that motion refers. The exhibits consist of documents that the ACLU and Equality California designated "Confidential" or "Highly Confidential Attorneys' Eyes Only" under the terms of the protective order governing this case. See Doc # 655.1 At the time we filed our motion to seal, we were "in the midst of ... conferring with the ACLU and Equality California regarding their designations." Id. at 4. We have now reached agreements with the ACLU and Equality California that the exhibits we continue to offer may be placed on the public record in the form described in this motion.2 The exhibits fall into two categories: those that may be placed on the public record without restriction and those that may be placed on the public record in redacted form. Attachment 1 to this motion contains a complete list of the exhibits we seek to have admitted to supplement the evidentiary record. This list reflects the exhibits we are no longer proffering, certain substitute exhibits, and corrections to certain of the exhibit numbers we misidentified in our original motion. In addition, as described below, we are lodging with the Court a copy of each of these exhibits in the form in which it may be placed on the public record. On May 7, we lodged five corrected exhibits with the Court. See Doc # 663. There are two exhibits that are not part of our agreements, and we hereby withdraw our proffer of them: DIX3156 and DIX3506. We also lodged three exhibits with the Court that were not part of our proffer: DIX3104, DIX3111, and DIX3130. We hereby withdraw our submission of those exhibits. In addition, there are nine exhibits described in our initial proffer that we neglected to lodge with the Court. The exhibits are labeled DIX3189, DIX3508, DIX3513, DIX3518, DIX3544, DIX3553, DIX3601, DIX3602, and DIX3603, and they are included in the agreements and the submission of exhibits to the Court described in this motion. 2 1 1 DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR A 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 Agreements. First, the ACLU and Equality California have agreed that certain exhibits may be placed on the public record without restriction. Attachment 2 lists the exhibits that fall into this category. Included in this category are seven exhibits for which we have agreed to use substitutes that Equality California produced to us without a confidentiality designation. The substitute exhibits are substantively equivalent to the exhibits they replace.3 Proponents are sending copies of the exhibits described in this category--consisting of twenty in the form currently lodged with the Court and seven substitutes--overnight via Federal Express to the clerk for lodging tomorrow. Second, for exhibits that the ACLU and Equality California have agreed may be placed on the public record only in redacted form, we must ask this Court for an order sealing the redacted portions of those exhibits as those portions remain subject to the groups' confidentiality designations. See Doc # 425 at 12; Civ. L.R. 79-5(c); cf. Civ. L.R. 79-5(d). The exhibits that fall into this category are listed in Attachment 3. Pursuant to the local rules, we are lodging with the clerk under seal copies of those exhibits with the agreed-upon redactions highlighted as well as redacted versions of the exhibits that may be placed on the public record if the Court grants the sealing order. See Civ. L.R. 79-5(c)(3)-(5).4 All copies of these exhibits just referenced are being sent overnight via Federal Express to the clerk for lodging tomorrow. Amended motion to supplement the record. We have also attached to this motion an amended motion to supplement the evidentiary record that may be placed on the public record without restriction. We have amended our initial motion by removing information (for example, names of third-party individuals) that remains subject to confidentiality designations. We also have corrected clerical errors in our initial submission that we discovered while preparing this motion.5 The Following the agreement to use substitute documents produced without a confidentiality designation, Proponents are withdrawing their request to move DIX3156 in evidence as the substitute document for this exhibit is identical to the substitute document that is now DIX3167. 4 We are serving copies of the materials we are lodging with the Court on Plaintiffs and Plaintiff-Intervenor. We will provide a copy of the sealed submission to any other party that represents that it desires a copy and that it will adhere to the provisions of the protective order governing this case, see Doc # 425, and we will provide copies of the public documents to any other party that represents that it desires them. 5 In addition to correcting information such as page citations and dates, our amended motion also correctly refers to the following exhibits that we identified by the wrong exhibit number in our original motion: DIX3502, DIX3503, DIX3519, DIX3601, (Continued) 2 DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR A SEALING ORDER CASE NO. 09-CV-2292 VRW 3 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 substance of our proffer has not changed. For the convenience of the Court and the parties, we are including with our sealed submission a document tracking the changes we have made in our amended motion. We have lodged this document under seal because it contains information that remains subject to confidentiality designations. For these reasons, Proponents respectfully request an order sealing (1) the redacted portions of the exhibits ACLU and Equality California have agreed may be placed on the public record with redactions, as indicated in Attachment 3, and (2) a version of our amended motion to supplement the record tracking changes made to our initial motion. The remaining exhibits, listed in Attachment 2, may be placed on the public record without restriction as detailed in this motion. Dated: June 2, 2010 COOPER AND KIRK, PLLC 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 By: /s/Charles J. Cooper Charles J. Cooper (Cont'd) DIX3602, and DIX3603. It also conforms to our withdrawal of DIX3156 and DIX3506. 3 DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR A SEALING ORDER CASE NO. 09-CV-2292 VRW