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

Filing 155

DECLARATION of John Doe #52 in SUPPORT OF #110 MOTION for SUMMARY JUDGMENT. (Attachments: #1 Exhibit D)(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. 155

John Doe #52
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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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Dockets.Justia.com

John Doe #52
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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. Our
REDACTED

was retained in mid-October 2008 by the
REDACTED

REDACTED

campaign. I handled the public relations, to assist Communications Director for interest in this case.
REDACTED

, the Deputy

, with the overwhelming international news

3. During the campaign leading up to the November 2008 election, my public relations firm received approximately one to three telephone calls per day from angry callers who swore or threatened us because of our representation of the REDACTED campaign. 4. The day after Proposition 8 passed, the amount of telephone calls and emails we received of this nature increased, and became significantly more threatening.. 5. Early on November 5, 2008, we received a telephone call from a man who wanted the address of REDACTED , so that he could send her a "gift." I referred the caller to the REDACTED website, but he wanted her home or office address. I refused to give him her address, and he became very angry. He made numerous threats to me personally and my business. 6. He continued calling, and immediately re-calling, my REDACTED firm all day. Three of the many voice mail messages that he left are attached as Exhibits A, B, and C. 7. The man began calling my office so often that we could not use the telephone to conduct business. At this point, we called the sheriff's office to report his behavior. The Sheriff identified the man because he had caller i.d. The sheriff called this man, and said that if he continued this behavior, he would be arrested. 8. I also received a number of emails. True and correct copies of the text of some of these emails are attached as Exhibit D.

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John Doe #52
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Declaration of REDACTED in Support of Plaintiffs' Motion for Summary Judgment

9. I regularly handle REDACTED for controversial issues. For example, several years ago, REDACTED County retained me to help handle media pertaining to the Catholic priest molestation issues. The harassment I personally endured as a result of my work on the REDACTED campaign was much worse than during the molestation issues or any other issue I have dealt with. 10. Because of these incidents, I was afraid for my own safety and the safety of my daughters. The internet has a large amount of information about people, and it would be easy for a person to find my business and home addresses. 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 #52 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 #52 in Support of Plaintiffs' Motion for Summary Judgment