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

Filing 98

EX PARTE MOTION to Add Plaintiff National Organization for Marriage California PAC re #97 MOTION to AMEND (Attachments: #1 Proposed Order (Bieniek, Scott) Modified on 5/21/2009 (Kaminski, H).

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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 (AZ 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, vs. DEBRA BOWEN, et al., Defendants.

Case No. 2:09-CV-00058-MCE-DAD PLAINTIFFS' EX PARTE MOTION TO ADD PLAINTIFF NATIONAL ORGANIZATION FOR MARRIAGE CALIFORNIA PAC Judge Morrison C. England, Jr.

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Plaintiffs' Ex Parte Motion to Add Plaintiff National Organization for Marriage California PAC

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Plaintiffs ProtectMarriage.com--Yes on 8, a Project of California Renewal ("ProtectMarriage.com"), National Organization for Marriage--Yes on 8, Sponsored by National Organization for Marriage ("NOM-California"), and John Doe #1, an individual, and as a representative of the proposed Class of Major Donors ("Major Donors") hereby apply to the Court, ex parte, pursuant to Fed. R. Civ. P. 20 for leave to join NOM-California PAC as a Plaintiff in this lawsuit, and in support thereof state as follows: 1. Pursuant to Fed. R. Civ. P. 20(a)(1), "Persons may join in one action as plaintiffs if: (A) they assert any right to relief jointly, severally, or in the alternative with respect to or arising out of the same transaction, occurrence, or series of transactions or occurrences; and (B) any question of law or fact common to all plaintiffs will arise in the action." 2. 3. 4. Proposed Plaintiff NOM-California PAC was formed on February 6, 2009. NOM-California PAC has its principle place of business in Santa Ana, California. NOM-California PAC is a general purpose committee pursuant to Cal. Gov't Code §§ 82013 and 82027.5. 5. As a general purpose committee, NOM-California PAC intends to support and/or oppose candidates and/or ballot measures in future elections and is subject to registration and reporting requirements under the Political Reform Act of 1974, Cal. Gov't Code § 81000 et seq. 6. Specifically, NOM-California PAC intends to support candidates that share its view of marriage as between one man and one woman. NOM-California PAC also intends to support any ballot measure similar to Proposition 8 and oppose any measure that would overturn Proposition 8. 7. The constitutionality of the statutes challenged in this action will have a direct bearing on the activities of NOM-California PAC, making joinder appropriate in this case. 8. Furthermore, there are common questions of law and fact, namely, whether Plaintiffs are entitled to an as-applied exemption from the Political Reform Act of 1974, Cal. Gov't Code § 81000 et seq., and whether portions of the Political Reform Act are
Plaintiffs' Ex Parte Motion to Add Plaintiff National Organization for Marriage California PAC

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unconstitutional because they violate the First Amendment to the United States Constitution, as incorporated to the states by the Fourteenth Amendment. Defendants would not be prejudiced by this change because the claims asserted in the Complaint would not change as a result of the joinder of NOM-California PAC. 10. Plaintiffs have filed a Stipulation to Amend Complaint concurrently with this motion, signed by all parties, consenting to the filing of Plaintiffs' Third Amended Complaint, which reflects the joinder of proposed Plaintiff NOM-California PAC. WHEREFORE, Plaintiffs, pursuant to Fed. R. Civ. P. 20(a)(1), respectfully request leave to join Proposed Plaintiff NOM-California PAC.

Dated this 20th day of May, 2009. Respectfully submitted,

Benjamin W. Bull (Ariz. State Bar No. 009940) ALLIANCE DEFENSE FUND 15100 North 90th Street Scottsdale, Arizona 85260 Counsel for All Plaintiffs Timothy D. Chandler (Cal. Bar No. 234325) ALLIANCE DEFENSE FUND 101 Parkshore Drive, Suite 100 Folsom, CA 95630 Counsel for All Plaintiffs Designated Counsel for Service

/s/ Scott F. Bieniek James Bopp, Jr. (Ind. Bar No. 2838-84) Barry A. Bostrom (Ind. Bar No.11912-84) Sarah E. Troupis (Wis. Bar No. 1061515) Scott F. Bieniek (Ill. Bar No. 6295901) BOPP, COLESON & BOSTROM 1 South Sixth Street Terre Haute, IN 47807-3510 Counsel for All Plaintiffs

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Plaintiffs' Ex Parte Motion to Add Plaintiff National Organization for Marriage California PAC

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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 May 20, 2009, I electronically filed the foregoing document described as Plaintiffs' Request to Exceed Page Limit, with the Clerk of Court using the CM/ECF system which will send notification of such filing to: Zackery P. Morazzini zackery.morazzini @doj.ca.gov 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 on May 20, 2009.

/s/ Scott F. Bieniek Scott F. Bieniek (Ill. State Bar No. 6295901) Counsel for All Plaintiffs

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Plaintiffs' Ex Parte Motion to Add Plaintiff National Organization for Marriage California PAC