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 OVERSIZED 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 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