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

Filing 208

DECLARATION of Mollie Lee in Support of #207 MOTION to SHORTEN TIME for Hearing on Defendants' Motion to Modify Scheduling Order to Extend Deadlines. (Attachments: #1 Exhibits A - C)(Givner, Jonathan)

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

DENNIS J. HERRERA, State Bar # 139669 City Attorney WAYNE SNODGRASS, State Bar # 148137 JON GIVNER, State Bar # 208000 ANDREW SHEN, State Bar # 232499 MOLLIE LEE, State Bar # 251404 Deputy City Attorneys One Dr. Carlton B. Goodlett Place City Hall, Room 234 San Francisco, California 94102-4682 Telephone: [phone] Facsimile: [phone] E-Mail: [e-mail] Attorneys for Defendants Department of Elections - City and County of San Francisco and Dennis J. Herrera, City Attorney for the City and County of San Francisco (Additional Counsel on next page)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION ProtectMarriage.com, et al., Plaintiffs, vs. Debra Bowen, et al., Defendants. DECLARATION OF MOLLIE M. LEE IN SUPPORT OF APPLICATION TO SHORTEN TIME TO HEAR DEFENDANTS' MOTION TO MODIFY SCHEDULING ORDER TO EXTEND DEADLINES Case No. 2:09-CV-00058-MCE-DAD

Declaration of Mollie M. Lee CASE NO. 2:09-CV-00058-MCE-DAD

1

n:\govlit\li2010\090774\00625080.doc

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

EDMUND G. BROWN JR., State Bar # 37100 Attorney General of California ZACKERY P. MORAZZINI, State Bar # 204237 Supervising Deputy Attorney General 1300 I Street, Suite 125 P. O. Box 944255 Sacramento, CA 94244-2550 Telephone: [phone] Facsimile: [phone] [e-mail] Counsel for Defendants Debra Bowen, California Secretary of State, and Edmund G. Brown, Jr., California Attorney General SCOTT HALLABRIN, State Bar # 76662 General Counsel LAWRENCE T. WOODLOCK, State Bar # 137676 Fair Political Practices Commission 428 J Street, Suite 620 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] [e-mail] Counsel for Defendants Members of the Fair Political Practices Commission

Declaration of Mollie M. Lee CASE NO. 2:09-CV-00058-MCE-DAD

2

n:\govlit\li2010\090774\00625080.doc

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, Mollie M. Lee, declare as follows: 1. I am an attorney at law licensed to practice in the State of California. I am an attorney

at the Office of the San Francisco City Attorney, which represents Defendants City and County of San Francisco and San Francisco City Attorney Dennis J. Herrera in this matter. I have personal knowledge of the facts set forth in this declaration, and if called as a witness, I can and would testify competently thereto. 2. On or about March 23, 2010, my office received Plaintiffs' final responses to the

discovery requests propounded by the Attorney General on October 30, 2009 in this matter. After reviewing the documents produced by Plaintiffs, I spoke with Plaintiffs' counsel Sarah Troupis on April 12, 2010. During that conversation, I indicated that Defendants intended to depose Brian Brown and Ron Prentice, and I requested dates that those witnesses would be available for deposition. Ms. Troupis informed me that she would speak with her clients and contact me with possible dates. On April 13, 2010, I sent a follow-up e-mail confirming this request, a true and correct copy of which is attached hereto as Exhibit A. On April 19 and 20, 2010, I received e-mails from Ms. Troupis stating that Plaintiffs' witnesses will not be available for depositions on any day before the close of fact discovery on May 14, 2010. A true and correct copy of these e-mails is attached as Exhibit B. Ms. Troupis proposed that the witnesses could be available on May 27 and 28, but she offered these dates only "on the condition that there be no requests to change the deadlines set forth in the scheduling order because these depositions would fall outside the set time for discovery." 3. On April 22, I contacted Ms. Troupis to discuss Plaintiffs' position on extending

discovery deadlines. Ms. Troupis informed me that Plaintiffs were not open to any extension of discovery deadlines and would not consent to a motion to shorten time on a hearing on Defendants' request to extend discovery deadlines. A true and correct copy of an e-mail documenting this correspondence is attached hereto as Exhibit C. 4. On April 22, 2010, Supervising Deputy Attorney General Zackery Morazzini circulated

a Joint Statement re Discovery Disagreement for Plaintiffs' review and response, with a request that ///

Declaration of Mollie M. Lee CASE NO. 2:09-CV-00058-MCE-DAD

3

n:\govlit\li2010\090774\00625080.doc

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

Plaintiffs respond by April 29, 2010. On information and belief, I expect that the Attorney General will file this Joint Statement with the assigned magistrate judge within the next several days. I declare under penalty of perjury pursuant to the laws of the State of California that the foregoing is true and correct. Executed April 27, 2010, at San Francisco, California. s/Mollie Lee Mollie M. Lee

Declaration of Mollie M. Lee CASE NO. 2:09-CV-00058-MCE-DAD

4

n:\govlit\li2010\090774\00625080.doc