Kristin Perry, et al v. Campaign For California Famili, et al

Filing 22

Filed (ECF) - Edmund G. Brown, Jr. Correspondence: 9th Circuit Rule 31-2.3. Date of service: 10/02/2009 [7082737] (TP)

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Kristin Perry, et al v. Campaign For California Famili, et al Doc. 22 EDMUND G. BROWN JR. Attorney General State of California DEPARTMENT OF JUSTICE 455 GOLDEN GATE AVENUE, SUITE 11000 SAN FRANCISCO, CA 94102-7004 Public: (415) 703-5500 Telephone: (415) 703-5970 Facsimile: (415) 703-1234 E-Mail: October 2, 2009 BY HAND AND E-FILING Molly C. Dwyer Clerk of the Court Ninth Circuit Court of Appeals 95 Seventh Street San Francisco, CA 94103-1526 RE: Perry v. Schwarzenneger, Case No. 09-16959_____ Dear Ms. Dwyer: I write to inform the court that the Attorney General will not file a brief in opposition to the Campaign for California Families' (the Campaign) appeal of the decision denying its motion to intervene. See Ninth Circuit Rule 31-2.3. The Attorney General did not oppose the motion in the District Court and similarly will not oppose the appeal. For the record, however, the Attorney General objects to the Campaign's repeated mischaracterization of the record regarding his position in the case below, as set forth it the opening brief. The facts are these: the Attorney General admitted the material allegations of the complaint and nominally opposed the Defendant-Intervenors' motion for summary judgment. The Attorney General has not, however, asked the district court to grant relief of any kind, indicated that he will present any evidence, or advanced any particular argument. To the extent that the Attorney General's intentions in the case are an issue this Court considers material to the appeal, the Attorney General urges the Court to disregard the Molly C. Dwyer, Clerk of Court October 2, 2009 Page 2 Campaign's characterizations and to rely exclusively on the record of what the Attorney General has stated in filed documents or at hearing before the District Court. Sincerely, /s/Tamar Pachter TAMAR PACHTER Deputy Attorney General For EDMUND G. BROWN JR. Attorney General TP: cc: All counsel of record by e-filing SA2009102343 20225140.doc

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