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

Filing 148

DECLARATION of John Doe #45 in SUPPORT OF #110 MOTION for SUMMARY JUDGMENT. (Bieniek, Scott)

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

Doc. 148

John Doe #45
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Declaration of REDACTED in Support of Plaintiffs' Motion for Summary Judgment

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 (Ariz. State 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 Sacramento Division

ProtectMarriage.com, et al., Plaintiffs, v. Debra Bowen, et al., Defendants.

Case No. 2:09-CV-00058-MCE-DAD DECLARATION OF REDACTED IN SUPPORT OF PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT Date: TBD Time: TBD. Judge England

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John Doe #45
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Declaration of REDACTED in Support of Plaintiffs' Motion for Summary Judgment

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 Proposition 8, I gave approximately $ XXX to National Organization

for Marriage California - Yes on 8, sponsored by National Organization for Marriage. 4. In support of Proposition 8, I also put out "Yes on 8" yard signs. Approximately two weeks before the November 2008 election, someone ripped down the "Yes on 8" sign in our front yard on a quiet street. I work the 3:00 p.m. to 11:30 p.m. shift, and I usually get home between midnight and 12:30 a.m. On the evening that this first sign was destroyed, I went into the garage to put my recyclables in the recycle can and heard male voices in my front yard. By the time I went back inside and out my front door, they had already pulled up the sign, and ripped it apart into several pieces. When I stepped outside, I saw two teenaged boys running away, and believe that a third ran the other way. 5. About a week later, the signs I had replaced the original in my yard with were also stolen. Other signs I had placed around the neighborhood were also stolen repeatedly, particularly in the two weeks leading up to the November 2008 election. 6. I was nervous to put out these signs in the first place, because the last thing that I want to do is offend anyone. However, because I want to support what I believe is right, I put out the signs. I thought it was very disrespectful for people to steal and vandalize my property. Although I would hope that I would support a good cause whatever the persecution that might happen to me, I will have to seriously consider my livelihood and the safety of my family in the future when deciding to support a cause similar to Proposition 8.

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John Doe #45
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Declaration of REDACTED in Support of Plaintiffs' Motion for Summary Judgment

I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

Executed on:

REDACTED

REDACTED
REDACTED

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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 #45 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

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Declaration of John Doe #45 in Support of Plaintiffs' Motion for Summary Judgment