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 Att. 1

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) ______________________________________________________ DECLARATION OF JENNIFER L. MONK ___________________________________________________________ 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

I, Jennifer L. Monk, declare as follows: 1. I am an attorney at the law office of Advocates for Faith & Freedom,

and I am one of the attorneys for Movants-Appellants County of Imperial, the Board of Supervisors of the County of Imperial, and Isabel Vargas. I make this declaration in support of Movants-Appellants' Motion to Exceed Page Limitations for their Reply Brief. I have personal knowledge of the facts set forth herein. 2. Movants-Appellants request an expanded page limit of 60 pages.

This request is amply justified by: (a) The fact 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.) (b) The fact 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. 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. (c) Appellees' opposition brief ("Appellees Br.") to which MovantsAppellants are now replying is itself 32 pages in length, and within Appellees' 2

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. 3. Movants-Appellants respectfully submit that a 60-page reply is

warranted to address these matters fairly and efficiently. I declare under the penalty of perjury under the laws of the United States, that these facts are true and correct and that this Declaration is executed this 1st day of November 2010 in Murrieta, California.

s/ Jennifer L. Monk Jennifer L. Monk, Esq.

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. DECLARATION OF JENNIFER L. MONK 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