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

Filing 66

STIPULATION and ORDER granting #51 Motion to Amend the Complaint signed by Judge Morrison C. England, Jr on 1/21/09. (Duong, D)

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

Doc. 66

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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) BO P P , COLESON & BOSTROM 1 South Sixth Street Terre Haute, IN 47807-3510 Telephone: [phone] Facsimile: [phone] Counsel for All Plaintiffs Timothy D. Chandler (Cal. State Bar No. 234325)* ALLIA N C E DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, CA 95630 Telephone: [phone] Facsimile: [phone] Counsel for All Plaintiffs * Designated Counsel for Service

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs ProtectMarriage.com - Yes on 8, a Project of California Renewal ("ProtectMarriage.com") and National Organization for Marriage California - Yes on 8, Sponsored by National Organization for Marriage ("NOM-California"), pursuant to Fed. R. Civ. P. 15(a)(2) submit the following stipulation for the Court's approval. Plaintiffs filed their complaint in this mater on Wednesday, January 7, 2009. On Friday, January 9, 2009, pursuant to Fed. R. Civ. P. 15(a), Plaintiffs filed their First Amended Complaint, adding Plaintiff John Doe #1, an individual, and as a representative of the Class of Major Donors. 1 v. Debra Bowen, et al., Defendants. ProtectMarriage.com, et al., Plaintiffs, Case No. 2:09-CV-00058-MCE-DAD STIPULATION TO AMEND COMPLAINT; ORDER REGARDING THE SAME Judge Morrison C. England, Jr. United States District Court Eastern District of California

Dockets.Justia.com

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Plaintiffs, after conferring with Defendant Eileen Teichert, have determined that she is not a proper Defendant in this action because she lacks enforcement authority under the Political Reform Act of 1974 (the "Act"), Cal. Gov't Code § 81000 et seq., because she is not an "elected city attorney." CGC § 91001.5 (granting enforcement authority to elected city attorneys). Therefore, her inclusion constitutes misjoinder. Proposed Defendant Dennis J. Herrera, the city attorney for the City and County of San Francisco, California, is an elected city attorney and therefore does, or would have if authorized by the Charter for the City and County of San Francisco, the authority to enforce provisions of the Act pursuant to CGC § 91001.5.1 Therefore, Plaintiffs ProtectMarriage.com, NOM-California, and the Class of Major Donors have determined that the First Amended Complaint should be amended. Defendants have consented to Plaintiffs amending their First Amended Complaint. Defendants stipulate to the filing of the Second Amended Complaint attached as Exhibit A.2 So Stipulated: Date: January 20, 2009 /s/ Timothy D. Chandler Timothy D. Chandler (Cal. State Bar No. 234325) ALLIA N C E DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, CA 95630 Telephone: [phone] Facsimile: [phone] Counsel for All Plaintiffs

Proposed Defendant Herrera specifically reserves the right to challenge his appointment as the representative of the Class of Elected City Attorneys if Plaintiffs make a motion under Fed. R. Civ. P. 23(c)(1) to certify the Class of Elected City Attorneys. Proposed Defendant Herrera, as the City Attorney for the City and County of San Francisco, has been involved in these proceedings as counsel for the Department of Elections for the City and County of San Francisco; adding him as a Defendant to this suit at this stage of the litigation will not prejudice his preparation for the hearing on Plaintiffs' Motion for Preliminary Injunction. 2
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Date: January 15, 2009

___________________________________________ Zackery P. Morazzini, State Bar No. 204237 Attorney for Defendant Edmund G. Brown Jr. California Attorney General ___________________________________________ Zackery P. Morazzini, State Bar No. 204237 Attorney for Defendant Debra Bowen California Secretary of State ___________________________________________ Judy Whitehurst Attorney for Defendant Dean C. Logan Los Angeles County Reistrar-Recorder ___________________________________________ Wayne Snodgrass Attorney for Defendant Department of Elections - City and County of San Francisco ___________________________________________ Albert Locher Attorney for Defendant Jan Scully Sacramento County District Attorney ___________________________________________ Brett Witter Attorney for Defendant Eileen Teichert City Attorney for the City of Sacramento ___________________________________________ Heather M. Rowan, State Bar No. 232415 Attorney for Defendant Members of the Fair Political Practices Commission 428 J Street, Suite 800 Sacramento, CA 95814 Telephone: [phone] Fax: [phone]

Date: January 15, 2009

Date: January 15, 2009 7 8 9 10 11 12 Date: January 15, 2009 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IT IS SO ORDERED. Dated: January 21, 2009 Date: January 15, 2009 Date: January 15, 2009 Date: January 15, 2009

________________________________ MORRISON C. ENGLAND, JR. UNITED STATES DISTRICT JUDGE 3