Perry et al v. Schwarzenegger et al

Filing 730

Declaration in Support of 729 MOTION for Extension of Time to File a Motion for Attorney's Fees and Related Expenses filed byCity and County of San Francisco, Paul 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)(Related document(s) 729 ) (Monagas, Enrique) (Filed on 8/17/2010)

Perry et al v. Schwarzenegger et al Doc. 730 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 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 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 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 Dennis J. Herrera, SBN 139669 Therese M. Stewart, SBN 104930 Danny Chou, SBN 180240 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, 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. 09-CV-2292 VRW DECLARATION OF ENRIQUE A. MONAGAS IN SUPPORT OF PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S MOTION TO ENLARGE TIME Dockets.Justia.com CASE NO. 09-CV-2292 VRW DECLARATION OF ENRIQUE A. MONAGAS IN SUPPORT OF PLAINTIFFS' AND PLAINTIFFINTERVENOR'S MOTION TO ENLARGE TIME 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, Enrique A. Monagas, declare as follows: 1. I am an attorney licensed to practice law in the State of California and in the United States District Court for the Northern District of California. I am an associate at 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 ("Plaintiffs"). I make this declaration in support of Plaintiffs' and Plaintiff-Intervenor's motion to enlarge time. I have personal knowledge of the facts set forth herein, and if called as a witness, I could and would competently testify hereto. 2. This Court entered its findings of fact and conclusions of law on August 4, Doc #708, and entered a permanent injunction on August 12, Doc #728. Since that time, the parties have been expeditiously briefing Defendant-Intervenors' motion to stay this Court's decision pending appeal. 3. Federal Rule of Civil Procedure 54(d)(2)(B)(i) provides prevailing parties with 14 days after the entry of judgment in which to file a motion for attorney's fees and related expenses. In a case such as this one, however, where the parties expended significant resources on pre-trial motions, discovery, a three-week trial, and post-trial briefing and argument, the preparation of a motion for attorney's fees and related expenses--and any opposition thereto--is likely to be unusually timeconsuming. 4. On August 16, 2010, the United States Court of Appeals for the Ninth Circuit ordered that Proponents' appeal from this Court's decision be expedited pursuant to Federal Rule of Appellate Procedure 2 and entered the following briefing schedule: the opening brief is due September 17, 2010; the answering brief is due October 18, 2010; and the reply brief is due November 1, 2010. Under the current schedule, any motion for attorney's fees and related expenses must be prepared and submitted at the same time that the expedited appeal on the merits is proceeding. 5. Enlarging the time to file a motion for attorney's fees and related expenses would enable the parties to commit their full litigation resources to the appeal at this time and would allow any motion for fees and related expenses to proceed only at such time as the prevailing party has been finally determined. In short, enlarging the time to file a motion for attorney's fees and related expenses will not prejudice any party and will indeed avoid unnecessary burden to the parties and the Court while the parties address the appeal on the merits and promote judicial economy. 2 09-CV-2292 VRW DECLARATION OF ENRIQUE A. MONAGAS IN SUPPORT OF PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S MOTION TO ENLARGE TIME 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. Plaintiffs' counsel contacted all parties involved in an attempt to obtain a stipulation to enlarge time. Defendants Arnold Schwarzenegger, Edmund G. Brown, Jr., Mark B. Horton, Linette Scott, Patrick O'Connell, and Dean C. Logan have all agreed to enlarging the time. Counsel for HakShing William Tam did not respond to Plaintiffs' counsel's inquiry. Only Defendant-Intervenors Proposition 8 Official Proponents Dennis Hollingsworth, Gail J. Knight, Martin F. Gutierrez, and Mark A. Jansson; and ProtectMarriage.com ≠ Yes on 8, A Project of California Renewal ("Defendant-Intervenors") have not agreed to the extension. 7. Attached hereto as Exhibit A is a true and correct copy of an e-mail from Andrew W. Stroud, counsel for Defendants Governor Arnold Schwarzenegger, Mark B. Horton, and Linette Scott, agreeing to a proposed stipulation extending the time to file a motion for attorney's fees and related expenses. 8. Attached hereto as Exhibit B is a true and correct copy of an e-mail from Tamar Pachter, counsel for Defendant Attorney General Edmund G. Brown, Jr., agreeing to a proposed stipulation extending the time to file a motion for attorney's fees and related expenses. 9. Attached hereto as Exhibit C is a true and correct copy of an e-mail from Claude Kolm, counsel for Defendant Patrick O'Connell, agreeing to a proposed stipulation extending the time to file a motion for attorney's fees and related expenses. 10. Attached hereto as Exhibit D is a true and correct copy of an e-mail from Judy Whitehurst, counsel for Defendant Dean C. Logan, agreeing to a proposed stipulation extending the time to file a motion for attorney's fees and related expenses. 11. Attached hereto as Exhibit E is a true and correct copy of an e-mail from David Thompson, counsel for Defendant-Intervenors, advising that "The proponents do not agree to the stipulation outlined below, nor do we agree to an extension of time for the filing of a motion for attorneys' fees." 12. I am aware of four previous time modifications in this case, two by Court order, see Doc #170, Doc #710, and two by stipulation, see Doc #266, Doc #615. 13. The requested time modification would not affect the schedule of this case. /// 3 09-CV-2292 VRW DECLARATION OF ENRIQUE A. MONAGAS IN SUPPORT OF PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S MOTION TO ENLARGE TIME 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 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 17th day of August 2010 at San Francisco, California. /s/ Enrique A. Monagas Enrique A. Monagas 4 09-CV-2292 VRW DECLARATION OF ENRIQUE A. MONAGAS IN SUPPORT OF PLAINTIFFS' AND PLAINTIFF-INTERVENOR'S MOTION TO ENLARGE TIME