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

Filing 8

Filed (ECF) Appellant Campaign for California Families Motion to expedite case. Date of service: 09/15/2009. [7062728] (MEM)

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

Doc. 8 Att. 1

Case No. 09-16959 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KRISTIN M . PERRY, SANDRA B. STIER, PAUL T. KATAMI, and JEFFREY J. ZARRILLO, Plaintiffs/Appellees 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 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. CAMPAIGN FOR CALIFORNIA FAMILIES, Proposed Intervenor-Defendant/Appellant PROPOSITION 8 OFFICIAL PROPONENTS DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, HAK-SHING WILLIAM TAM, and MARK A. JANSSON; andPROTECTMARRIAGE.COM-YES ON 8, A PROJECT OF CALIFORNIA RENEWAL, Intervenor-Defendants/Appellees ________________________________________________________________________ Appeal from the United States District Court for the Northern District of California Honorable Vaughn R. Walker, U.S. District Judge Case No. CV-09-02292 VRW ________________________________________________________________________ DECLARATION OF M ARY E. M CALISTER IN SUPPORT OF APPELLANT'S M OTION TO EXPEDITE ORAL ARGUM ENT _________________________________________________________________________ MARY E. MCALISTER MATHEW D. STAVER STEPHEN M. CRAMPTON ANITA L. STAVER RENA M. LINDEVALDSEN L IBERTY C OUNSEL L IBERTY C OUNSEL P.O. Box 540774 P.O. Box 11108 Orlando, FL 32854 Lynchburg, VA 24506 [phone] Telephone [phone] Telephone [phone] Facsimile [phone] Facsimile [e-mail] Email [e-mail] Email
Attorneys for Appellant Campaign for California Families

Dockets.Justia.com

I, Mary E. McAlister, declare as follows: 1. I am an attorney duly licensed to practice law in the State of California and a member

of the bar of this Court. I work for Liberty Counsel, attorney of record for Appellant Campaign for California Families ("the Campaign"). I have actual knowledge of the following facts and if called upon to testify to them could and would do so competently. This Declaration is being offered in support of the Campaign's Motion to Expedite Oral Argument. 2. On September 15, 2009, I contacted counsel for the other parties in this action and

requested that they inform me of their position regarding this Motion to Expedite. As of the time of the filing of this Motion, I have heard from the County of Los Angeles and County of Alameda, who have no position on the motion, and from the Attorney General and Intervenor-Plaintiff City and County of San Francisco, who indicated that they do not object to the motion. As of the date of filing of this motion I have not received a response from the Plaintiffs/Appellees, Defendant-Intervenors/Appellees or the Administration Defendants. 3. Attached to this Declaration, marked as Exhibit A and incorporated by reference is a true

and correct copy of the Civil Minute Order issued by Chief Judge Vaughn Walker following the August 19, 2009 hearing and listed as Dkt. # 160 on the Northern District of California's electronic docket. 4. Attached to this Declaration, marked as Exhibit B and incorporated by reference is a true

and correct copy of the Pretrial Scheduling Order issued by Chief Judge Walker on August 26, 2009 and filed as Dkt #164 on the Northern District of California's electronic docket.

Executed on September 15, 2009, at Lynchburg, Virginia. I declare under penalty of perjury under the laws of the United States of America and State of

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California that the above is true and correct. /s/ Mary E. McAlister Mary E. McAlister

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PROOF OF SERVICE

I am employed at the law firm of Liberty Counsel. I am over the age of 18

and not a party to the within action. My business address is 100 Mountain View

Road, Suite 2775, Lynchburg Virginia 24502.

On September 15, 2009 I electronically filed this document through the

ECF system, which will send a notice of electronic filing to the parties as shown on

the attached SERVICE LIST.

On September 15, 2009, I also sent a copy via electronic mail to all of the

parties listed on the attached SERVICE LIST.

Executed on September 15, 2009, at Lynchburg, Virginia.

I declare under penalty of perjury under the laws of the United States of

America and State of California that the above is true and correct.

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/s/ Mary E. McAlister Mary E. McAlister

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SERVICE LIST Charles J. Cooper David H. Thompson Howard C. Nielson, Jr. Peter A. Patterson 1523 New Hampshire Ave., N.W., Washington, D.C. 20036 [phone] FAX [phone] [e-mail] Timothy Chandler ALLIANCE DEFENSE FUND 101 Parkshore Dr, Suite 100 Folsom, CA 95630 [phone] [e-mail] Andrew P. Pugno LAW OFFICES OF ANDREW P. PUGNO 101 Parkshore Dr, Suite 100 Folsom, CA 95630 [phone] [e-mail] Benjamin W. Bull Brian W. Raum James A. Campbell ALLIANCE DEFENSE FUND 15100 N. 90th St. Scottsdale, AZ 85260 [phone] [e-mail] [e-mail] [e-mail]
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Theodore B. Olson Matthew C. McGill Amir C. Tayranit GIBSON, DUNN & CRUTCHER, LLP 1050 Connecticut Avenue, NW Washington, D.C. 20036 [phone] [e-mail] Theodore J. Boutrous, Jr. Christopher D. Dusseault Ethan D. Dettmer Theane Evangelis Kapur Enrique A. Monagas GIBSON, DUNN & CRUTCHER, LLP 333 S. Grand Avenue Los Angeles, CA 90071 [phone] [e-mail] David Boies Theodore H. Uno BOIES, SCHILLER & FLEXNER, LLP 333 Main St Armonk, NY 10504 [phone] [e-mail] Attorneys for Plaintiffs Kenneth C. Mennemeier Kelcie M. Gosling Landon D. Bailey MENNEMEIER, GLASSMAN & STROUD, LLP 980 9TH St, Suite 1700 Sacramento, CA 95814-2736 [phone] [e-mail] Attorneys for Administration Defendants

Attorneys for Proposition 8 Official Proponent Intervenor Defendants Edmund G. Brown, Jr. Attorney General of California Jonathan K. Renner Senior Assistant Attorney General Tamar Pachter Deputy Attorney General 455 Golden Gate Ave, Suite 11000 San Francisco, CA 94102-7004 [phone] [e-mail] Attorneys for Defendant Attorney General Edmund G. Brown Jr. Dennis J. Herrera City Attorney Therese Stewart Chief Deputy City Attorney Danny Chou Chief of Complex and Special Litigation Vince Chhabria Erin Bernstein Christine Van Aken Mollie M. Lee Deputy City Attorneys City and County of San Francisco Office of the City Attorney 1 Dr. Carlton B. Goodlett Place Room 234 San Francisco, CA 94102-4682 [phone] FAX [phone] [e-mail] Attorneys for Intervenor- Plaintiff City and County of San Francisco
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Richard E. Winnie County Counsel Claude F. Kolm Deputy County Counsel Brian E. Washington Assistant County Counsel Lindsey G. Stern Associate County Counsel OFFICE OF THE COUNTY COUNSEL County of Alameda 1221 Oak St. Suite 450 Oakland , CA 94612 [phone] [e-mail] Attorneys for Defendant Patrick O'Connell Elizabeth M. Cortez Assistant County Counsel Judy W. Whitehurst Principal Deputy County Counsel OFFICE OF THE COUNTY COUNSEL 648 Kenneth Hahn Hall of Administration 500 W. Temple St. Los Angeles, CA 90012-2713 [phone] [e-mail] Attorneys for Defendant Dean C. Logan