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

Filing 67

Filed (ECF) Chuck Storey Motion to intervene. Date of service: 02/25/2011. [7659627] --[COURT UPDATE: Edited docket text to reflect the content of the filing. Resent NDA. 02/25/2011 by DB] (RHT)

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Kristin Perry, et al v. Arnold Schwarzenegger, et al Doc. 67 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. ______________________________________________________ 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 CHUCK STOREY IN SUPPORT OF MOTION TO INTERVENE AS DEFENDANT-APPELLANT ___________________________________________________________ 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: (951) 304-7583 Facsimile: (951) 600-4996 Attorneys for Movant-Appallents and Proposed Defendant-Appellant PROPOSED DEFENDANT-APPELLANT, CHUCK STOREY and COUNTY OF IMPERIAL, THE BOARD OF SUPERVISORS OF THE COUNTY OF IMPERIAL, ISABEL VARGAS I, Chuck Storey, the County Clerk of the County of Imperial ("County"), have personal knowledge of the facts in this declaration, and if called as a witness, I could and would competently testify to these facts under oath: 1. I was elected County Clerk of the County of Imperial in November, 2010, and subsequently took the oath of office on January 3, 2011. By statute, my position and official responsibilities include all the duties of a County Clerk with respect to marriage under California law. Specifically, my duties include performing marriage ceremonies and issuing marriage licenses. 2. I have been informed that the Governor, Attorney General, and other elected officials are not actively defending Proposition 8 in the above-captioned litigation. I have also been informed that due to their failure to file an appeal there is a possibility that the district court's ruling declaring Proposition 8 unconstitutional might not be appealable to either this Court or the United States Supreme Court. 3. I am concerned that an unappealable ruling by a single district court striking down Proposition 8 would create significant confusion for me and other Imperial County Deputy clerks and officials in the performance of our legal duties regarding marriage. It is unclear to me whether, in such a situation, Imperial County Deputy Clerks and other county officials would have a duty to follow Proposition 8 as now enshrined in the California Constitution or to follow the 2 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 February 25, 2011. I further certify that some of the participants in the case are not registered CM/ECF users. I have mailed the above-referenced documents by FirstClass Mail, postage prepaid, or have dispatched it to a third party commercial carrier for delivery within 3 calendar days to the following nonCM/ECF participants. See Attached List Executed on February 25, 2011, 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/ Robert H. Tyler Email: 4

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