Kristin Perry, et al v. Arnold Schwarzenegger, et al

Filing 372

COURT ENTERED FILING: Submitted (ECF) Amicus brief for review by government or with consent per FRAP 29(a) and filed Motion to file a late brief, Motion to file oversized brief. Submitted by Gage Raley. Date of service: 11/01/2011. [7950290] (DB)

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No. 10-16696 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT KRISTIN PERRY, et al., Plaintiffs-Appellees, v. ARNOLD SCHWARZENEGGER, et al., Defendants, and DENNIS HOLLINGSWORTH, et al., Defendant-Intervenors-Appellants. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, CASE NO. 3:09-CV-02292 (HONORABLE VAUGHN R. WALKER) MOTION FOR LEAVE TO FILE OUT OF TIME AMICUS CURIAE BRIEF Gage Raley 4-5-5-E505 Kashiihama, Higashi-ku Fukuoka-shi 813-0016, Japan Phone: (202) 695-2415 Email: In Pro Se as Amicus Curiae Dated: October 27, 2011 Gage Raley (“Movant”) respectfully requests that this Court grant permission to file the accompanying brief as amicus curiae out of time. In support of this Motion, Movant states as follows: 1. Both parties have granted their consent to the filing of this amicus 2. Fed. R. App. P. 29(e) provides that an amicus brief must be filed “no brief. later than 7 days after the principal brief of the party being supported is filed,” but also provides that “a court may grant leave for later filing.” 3. The principal brief in the above-captioned case was filed on September 17, 2010, and the 7-day deadline for filing an amicus brief has passed. 4. Movant recently authored a student note, scheduled to published in December, titled The Paternity Establishment Theory of Marriage and Its Ramifications for Same-Sex Marriage Constitutional Cases.1 The accompanying brief is largely based upon the contents of that note. The brief supplies important facts and historical sources that are not contained in either the trial record or the party briefs, and will assist this Court in coming to an informed decision in this case. 5. Movant respectfully submits that a waiver of the deadline is appropriate in this circumstance because Movant’s research of the issues in the 

 1 19 VA. J. SOC. POL’Y & L. __ (2011) (forthcoming). case was initially done for the purpose of writing the note, not an amicus brief, and the deadline had long passed before Movant discovered that the facts and authorities presented in this brief might be of assistance to this Court. Accordingly, Movant could not file an amicus brief within 7 days of the filing of the principal brief. WHEREFORE, Movant respectfully requests that this Court grant leave to file the accompanying amicus brief out of time. Respectfully submitted, In Pro Se as Amicus Curiae Dated: October 27, 2011 CERTIFICATE OF SERVICE I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on October 27, 2011. Participants in the case who are registered CM/ECF users will be served by the appellate CM/ECF system. I further certify that some of the participants in the case are not registered CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it to a third party commercial carrier for delivery within 3 calendar days to the following non-CM/ECF participants: Anita L. Staver Liberty Counsel P.O. Box 540774 Orlando, FL 32854 Anthony R. Picarello Jr. United States Catholic Conference 202-541-3300 3211 Fourth Street, N.E. Washington, DC 20017 Arthur Bailey Jr. HAUSFELD LLP 44 Montgomery Street Suite 3400 San Francisco, CA 94104 Lincoln C. Oliphant Columbus School of Law The Catholic University of America Washington, DC 20064 Mathew D. Staver LIBERTY COUNSEL 2nd Floor 1055 Maitland Center Commons Maitland, FL 32751 Michael F. Moses United States Catholic Conference 3211 Fourth Street, N.E. Washington, DC 20017 Thomas Brejcha Thomas More Society Suite 440 29 S. La Salle Street Chicago, IL 60603 In Pro Se as Amicus Curiae Date: October 27, 2011

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