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 OVERSIZED 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 amicus brief, which exceeds the type-volume limitations set forth in Federal Rule of Appellate Procedure 29(d). In support of this Motion, Movant states as follows: 1. Fed. R. App. P. 29(d) states “[e]xcept by the court’s permission, an amicus brief may be no more than one-half the maximum length authorized by these rules for a party’s principal brief.” Fed. R. App. P. 32(7)(B)(i) limits a principal brief to 14,000 words, and half of that total is 7,000. 2. Including headings, footnotes, and quotations, this brief contains 11,420 words, which is between the maximum length for a principal brief and the maximum length for an appellate brief. 3. Movant respectfully submits that an exemption from the word limit is appropriate in this circumstance because the brief presents entirely original facts and arguments, and thus requires more elucidation than would the typical amicus curiae which merely supplements facts and arguments provided by a principal brief. An exemption is also warranted in this situation because this is an unusually complex case, as shown by the fact that the principal brief was 30,315 words long. 4. Furthermore, fundamental rights review under the Due Process Clause is very evidence-intensive, requiring a court to delve deeply into historical records. This brief supplies important facts and historical sources that are not contained in either the trial record or the party briefs. An exemption from the type-volume limitation will allow this brief to include addition facts and authorities that will assist this Court in coming to an informed decision on the due process claim. 5. To date, Movant has used his best efforts to shorten the length of this brief, but believes that any further reductions would compromise the brief’s analysis of the issues, and also deprive the Court of valuable facts and authorities. WHEREFORE, Movant respectfully requests that this Court grant leave to file a amicus brief in excess of the 7,000 word limit provided by Rule 29(d). 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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