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

Filing 35

DECLARATION of John Doe #4 in SUPPORT OF #16 MOTION for PRELIMINARY INJUNCTION. (Attachments: #1 Exhibit A, #2 Exhibit B)(Chandler, Timothy)

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

Doc. 35

John Doe #4
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 v. Debra Bowen, et al., Defendants. Case No. 2:09-CV-00058-MCE-DAD ProtectMarriage.com, et al., Plaintiffs, DECLARATION OF REDACTED IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION Date: TBD Time: TBD Judge England United States District Court Eastern District of California James Bopp, Jr. (Ind. State Bar No. 2838-84)* 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, Indiana 47807-3510 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, California 95630 Telephone: [phone] Facsimile: [phone] Counsel for All Plaintiffs * Pro Hac Vice Application Pending ** Designated Counsel for Service

Decl. of REDACTED in Support of Plaintiffs' Motion for Preliminary Injunction 1
Dockets.Justia.com

John Doe #4
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 Decl. of REDACTED in Support of Plaintiffs' Motion for Preliminary Injunction 2 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 donated $XX,XXX to National Organization for Marriage California - Yes on 8. 4. I am unsure if this donation to National Organization for Marriage California ­ Yes on 8 was made in my name, or in the name of my business, the Law Offices of I am the full shareholder of the Law Offices of

REDACTED

. However, as

REDACTED

, this donation was made at my

direction, out of my personal funds, and can be attributed to me. 5. In support of the passage of Proposition 8, I served as REDACTED for ProtectMarriage.com - Yes on 8, wrote articles supporting Proposition 8, and gave talks to local groups in support of Proposition 8. 6. On August XX , 2008, I held a fundraiser at my home to raise money for the ProtectMarriage.com - Yes on 8 campaign. 7. At this fundraiser, a group of protestors demonstrated at the entrance to my community. They attempted to pass out fliers to the guests of the fundraiser as they passed through the gate to my community, criticized support of Proposition 8 in general, and criticized me personally for my support of Proposition 8. True and correct accounts of this demonstration are contained in the news articles attached as Exhibit A. 8. On my law firm's website, clients use to contact us. 9. From November 13-16, I received approximately 15-20 e-mails, containing threats and/or harassment, sent through the form located my firm's website. For example, one e-mail states: "hello propogators & litigators burn in hell." Another e-mail states: "Congratulations. for your support of prop 8, you have won our tampon of the year award. Please contact us is you would like to pick up your prize." True and correct copies of these e-mails and several others sent through the form on our website

REDACTED

, we provide a form for potential

John Doe #4
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 Decl. of REDACTE in Support of Plaintiffs' Motion for Preliminary Injunction 3 are attached as Exhibit B. I did not retain copies of all of the harassing and threatening e-mails that I received. 10. At least one e-mail I received via the form on my firm's website referenced the amount I had donated in support of Proposition 8. The amount referenced in the e-mail also included a short-term loan that I made to ProtectMarriage.com ­ Yes on 8, which was reported by the California Secretary of State's office. 11. My name, business, and the amount I donated were posted on the website www.californiansagainsthate.org. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Executed on:

SIGNATURE REDACTE
REDACTED REDACTE

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PROOF OF SERVICE I, Timothy D. Chandler, am over the age of 18 years and not a party to the within action. My business address is 101 Parkshore Drive, Suite 100; Folsom, California 95630. On January 15, 2009, I electronically filed the foregoing document described as Declaration of John Doe #4 in Support of Plaintiffs' Motion for Preliminary Injunction, with the Clerk of Court using the CM/ECF system which will send notification of such filing to: Zackery Paul Morazzini [e-mail] Attorney for Defendants Debra Bowen and Edmund C. Brown, Jr. And, pursuant to Rule 5-135(f), on January 15, 2009, I served the foregoing document described as Declaration of John Doe #4 in Support of Plaintiffs' Motion for Preliminary Injunction by placing true and correct copies of the documents in sealed envelopes with postage thereon fully prepaid, in the United States mail at Folsom, California, addressed to the following non-CM/ECF participants: Dean C. Logan Office of the Registrar-Recorder 12400 Imperial Highway Norwalk, California 90650 Department of Elections, City and County of San Francisco c/o Office of the Mayor Gavin Newsom 1 Dr. Carlton B. Goodlett Place San Francisco, California 94102 Jan Scully Office of the District Attorney 901 G Street Sacramento, California 95814 Eileen Teichert Office of the City Attorney New City Hall Building 915 I Street, 4th Floor Sacramento, California 95814 Ross Johnson California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814

Decl. of John Doe #4 in Support of Plaintiffs' Motion for Preliminary Injunction 4

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Timothy Hodson California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Eugene Huguenin, Jr. California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Robert Leidigh California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 and Ray Remy California Fair Political Practices Commission 428 J. Street, Suite 620 Sacramento, California 95814 Defendants

I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on January 15, 2009 at Folsom, California. s/Timothy D. Chandler Timothy D. Chandler (CA Bar No. 234325) Attorney for Plaintiff

Decl. of John Doe #4 in Support of Plaintiffs' Motion for Preliminary Injunction 5