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)

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: [phone]
Email: [e-mail]
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