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

Filing 35

Filed (ECF) Appellants County of Imperial, The Board of Supervisors of the County of Imperial and Isabel Vargas Motion to file oversized brief. Date of service: 11/01/2010. [7530603] (JLM)

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

Doc. 35

Nos. 10-16751 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT ______________________________________________________ KRISTIN M. PERRY, et al. Plaintiffs-Appellees, v. ARNOLD SCHWARZENEGGER, et al. Defendants, and COUNTY OF IMPERIAL, et al. Movants-Appellants. ______________________________________________________ ON APPEAL FROM UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CIVIL CASE NO. 09-cv-2292 VRW (Honorable Vaughn R. Walker) ______________________________________________________ MOVANTS-APPELLANTS COUNTY OF IMPERIAL, THE BOARD OF SUPERVISORS OF THE COUNTY OF IMPERIAL, AND ISABEL VARGAS'S MOTION TO EXCEED PAGE LIMITATIONS ___________________________________________________________ ADVOCATES FOR FAITH AND FREEDOM Robert H. Tyler, CA Bar No. 179572 Jennifer L. Monk, CA Bar No. 245512 24910 Las Brisas Road, Suite 110 Murrieta, CA 92562 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] Attorneys for Movant-Appellants COUNTY OF IMPERIAL, THE BOARD OF SUPERVISORS OF THE COUNTY OF IMPERIAL, and ISABEL VARGAS

Dockets.Justia.com

Pursuant to Ninth Circuit Rule 32-2, Movants-Appellants respectfully seek the Court's leave to file a Reply Brief in excess of the fifteen pages allotted by rule for reply briefs. See Fed R. App. P. 32(a)(7)(A). Specifically, Movants-

Appellants request the Court's leave to file a reply brief of no more than 60 pages in length. This request is amply justified by the substantial need exhibited by several factors. First, the district court ruling contested in this appeal, and the related appeal, Perry v. Schwarzenegger, No. 10-16696 (9th Cir. filed Oct. 18, 2010), is itself 136-pages long, along with an 18-page order denying Movants-Appellants intervention. (See Doc. Nos. 708, 709.) This significant volume demonstrates the magnitude of the matters that must be addressed by Movants-Appellants. Second, the above-referenced judgments combine to enjoin enforcement of Proposition 8, a voter-initiated amendment to the California Constitution providing that "[o]nly marriage between a man and a woman is valid or recognized in California," and prohibit the County of Imperial, its Board of Supervisors, and one of the County's public servants from protecting their interests in this matter. Movants-Appellants submit that this case raises numerous momentous issues, both legal and factual, of overriding importance not only to the Movants-Appellants, but to the People of California and to the Nation at large.

2

Third, and perhaps most significantly, Appellees' opposition brief ("Appellees Br.") to which Movants-Appellants are now replying is itself 32 pages in length, and within Appellees' opposition they incorporate the arguments contained in their 107-page brief in the coordinated appeal, Perry v. Schwarzenegger, No. 10-16696 (9th Cir. filed Oct. 18, 2010). (Appellees Br. 31, n.6.) Thus, Movants-Appellants are not only replying to the 32 pages of

Appellees' opposition, but are in reality replying to arguments contained in a total of 139 pages of briefing. Movants-Appellants respectfully submit that a 60-page reply is warranted to address these matters fairly and efficiently. We therefore request leave to file a reply brief of no more than 60 pages in length. Respectfully submitted,
ADVOCATES FOR FAITH AND FREEDOM

Date: November 1, 2010

s/ Jennifer L. Monk Jennifer L. Monk, Esq. Counsel for Movant-Appellants COUNTY OF IMPERIAL, THE BOARD OF SUPERVISORS OF THE COUNTY OF IMPERIAL, and ISABEL VARGAS

3

CERTIFICATE OF SERVICE I am employed in the County of Riverside, State of California. I am over the age of 18 and not a party to the within action. My business address is 24910 Las Brisas Road, Suite 110, Murrieta, California 92562. 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 November 1, 2010. MOVANTS-APPELLANTS COUNTY OF IMPERIAL, THE BOARD OF SUPERVISORS OF THE COUNTY OF IMPERIAL, AND ISABEL VARGAS'S MOTION TO EXCEED PAGE LIMITATIONS Executed on November 1, 2010, at Murrieta, California. (Federal) I declare that I am a member of the Bar of this Court at whose direction the service was made.

s/ Jennifer L. Monk
Email: [e-mail]

4