ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al

Filing 131

DECLARATION of John Doe #28 in SUPPORT OF #110 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit B)(Bieniek, Scott) Modified on 6/4/2009 (Matson, R).

ProtectMarriage.com - Yes on 8, a Project of California Renewal et al v. Bowen et al

Doc. 131

John Doe #28
James Bopp, Jr. (Ind. State Bar No. 2838-84)* Richard E. Coleson (Ind. State Bar No. 11527-70)* Barry A. Bostrom (Ind. State Bar No.11912-84)* Sarah E. Troupis (Wis. State Bar No. 1061515)* Scott F. Bieniek (Ill. State Bar No. 6295901)* BOPP, COLESON & BOSTROM 1 South Sixth Street Terre Haute, IN 47807-3510 Telephone: [phone] Facsimile: [phone] Counsel for All Plaintiffs Benjamin W. Bull (AZ Bar No. 009940)* ALLIANCE DEFENSE FUND 15100 North 90th Street Scottsdale, Arizona 85260 Telephone: [phone] Facsimile: [phone] Counsel for All Plaintiffs Timothy D. Chandler (Cal. State Bar No. 234325)** ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, CA 95630 Telephone: [phone] Facsimile: [phone] Counsel for All Plaintiffs * Admitted Pro Hac Vice ** Designated Counsel for Service United States District Court Eastern District of California

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Case No. 2:09-CV-00058-MCE-DAD ProtectMarriage.com, et al., Plaintiffs, v. Debra Bowen, et al., Defendants. Date: TBD Time: TBD Judge England DECLARATION OF REDACTED IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT

Decl. of REDACTED in Support of Plaintiffs' Motion for Summary Judgment 1
Dockets.Justia.com

John Doe #28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, REDACTED , make the following declaration pursuant to 28 U.S.C. § 1746: 1. I am a resident of the state of California over 18 years of age, and my statements herein are based on personal knowledge. 2. I supported the passage of Proposition 8. 3. In support of the passage of Proposition 8, I made two separate donations to ProtectMarriage.com ­ Yes on 8, each in the amount of $X,XXX.XX . 4. I did not engage in any other public support of Proposition 8, such as putting up a yard-sign or placing a bumper-sticker on my vehicle. The only way I could be publicly identified as supporting Proposition 8 was through the public disclosure of my personal information as a result of my donations to ProtectMarriage.com ­ Yes on 8. 5. On November 11, 2008, at 11:55 a.m., I received a voice mail from an unknown male at my workplace that said: "Hey, it's really disheartening to know that one of my neighbors supported Proposition 8 so heavily. What a scum-fuck!" A true and correct recording of this voice mail is attached as Exhibit A. 6. The phone number the unknown male called from was blocked, so I was unable to obtain the number from my caller-identification system. 7. I filed a report of this harassing phone call with the REDACTED Police Department. A true and correct copy of that report is attached as Exhibit B. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Executed on:
REDACTED

REDACTED
REDACTED

Decl. of REDACTED in Support of Plaintiffs' Motion for Summary Judgment 2

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CERTIFICATE OF SERVICE
I, Scott F. Bieniek, am over the age of 18 years and not a party to the within action. My business address is 1 South Sixth Street, Terre Haute, Indiana 47807. On June 3, 2009, I electronically filed the foregoing document described as Declaration of John Doe #28 in Support of Plaintiffs' Motion for Summary Judgment, with the Clerk of Court using the CM/ECF system which will send notification of such filing to: Zackery P. Morazzini [e-mail] Attorney for Defendants Debra Bowen and Edmund G. Brown, Jr. Judy W. Whitehurst [e-mail] Attorney for Defendant Dean C. Logan Terence J. Cassidy [e-mail] Attorney for Defendant Jan Scully Mollie M. Lee [e-mail] Attorney for Defendants Dennis J. Herrera and Department of Elections - City and Count of San Francisco Lawrence T. Woodlock [e-mail] Attorney for Defendant Members of the Fair Political Practices Commission I declare under the penalty of perjury under the laws of the State of Indiana that the above is true and correct. Executed this 3rd day of June, 2009.

/s/ Scott F. Bieniek Scott F. Bieniek (Ill. State Bar No. 6295901) Counsel for All Plaintiffs

1

Declaration of John Doe #28 in Support of Plaintiffs' Motion for Summary Judgment