Perry et al v. Schwarzenegger et al

Filing 126

CASE MANAGEMENT STATEMENT Joint Case Management Statement filed by Dean C. Logan and Patrick O'Connell filed by Dean C. Logan. (Whitehurst, Judy) (Filed on 8/7/2009)

Perry et al v. Schwarzenegger et al

Doc. 126

Case3:09-cv-02292-VRW Document126

Filed08/07/09 Page1 of 5

1 OFFICE OF THE COUNTY COUNSEL ELIZABETH M. CORTEZ, Assistant County Counsel 2 JUDY W. WHITEHURST, Principal Deputy County Counsel (SBN 182855) - jwhitehurstiiicounsel.lacounty.gov 3 648 Kenneth Hahn Hall of Administration 500 West Temple Street 4 Los Angeles, California 90012-2713 Telephone: [phone]· Fax: [phone] Attorneys for DEAN C. LOGAN 6 REGISTRAR-RECORDER/COUNTY CLERK, COUNTY OF LOS ANGELES RICHARD E. WINNIE, County Counsel 8 BRIAN E. WASHINGTON (146807) Assistant County Counsel 9 CLAUDE F. KOLM (83517) D~Q!lty County Counsel- [e-mail] 10 LINDSEY G. STERN (233201) Associate County Counsel 11 1221 Oak Street, Suite 450 Oakland, California 94612
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Attorneys for PATRICK O'CONNELL 13 Clerk-Recorder of the County of Alameda 14 15 16 17 KRISTINM.PERRY,SANDRAB. 18 STIER, PAUL T. KATAMI, and JEFFREY J. ZARRILLO, 19 Plaintiffs, 20 CASE NO. 09-CV-2292 VRW JOINT CASE MANAGEMENT CONFERENCE STATEMENT FILED ON BEHALF OF DEFENDANTS DEAN C. LOGAN, LOS ANGELES COUNTY REGISTRAR-RECORDER! COUNTY AND PATRICK O'CONNELLA ALAMEDA COUNTY AUDITOR-CuNTROLLERCLERK-RECORDER Date: 08119/2009 Time: 10:00 a.m. Judge: Chief Judge VaughM R. Walker Location: Courtroom 6' 17 Floor Action Filed: May 22, 2009 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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v.

22 ARNOLD SCHW ARZENEGGER, in 23 his official capacity as Governor of 24 California; EDMUND G. BROWN, JR., in his official capacity as Attorney 25 General of California; MARK B. 26 HOR TON, in his official capacity as Director of the California Department 27 of Public Health and State Registrar of 28 Vital Statistics; LINETTE SCOTT, in
HOA.633779.1

09-CV-2292 JOINT CASE MANAGEMENT CONFERENCE

VRW

STATEMENT

OF DEAN C. LOGAN AND PATRICK O'CONNELL

Dockets.Justia.com

Case3:09-cv-02292-VRW Document126

Filed08/07/09 Page2 of 5

1 her official capacity as Deputy Director 2 of Health Information & Strategic Planning for the California Department 3 of Public Health; PATRICK 4 O'CONNELL, in his official capacity as Clerk-Recorder for the County of 5 Alameda; and DEAN C. LOGAN, in 6 his official capacity as RegistrarRecorder/County Clerk for the County 7 of Los Angeles,
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Defendants. This case management statement is filed on behalf of the Defendants Dean C.

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11 Logan, Los Angeles County Registrar Recorder/County Clerk, and Patrick 12 O'Connell, Alameda County Auditor-Controller-Clerk-Recorder. Having

13 participated in the meet and confer related to the filing of a joint case management 14 statement, and being aware that it appears that plaintiffs and defendant-intervenor 15 will be filing separate statements, for the reasons identified below, the County 16 Clerks file their own joint case management conference statement indicating no 17 preference in timing or format, as to how the case proceeds. 18 Without waiving any right to defend their interests, or to later join or oppose

19 any motions or arguments in this matter, as stated in their initial pleadings, the
20 County Clerks have a ministerial duty to carry out the marriage laws of the State of

21 California through issuance of marriage licenses according to this Court's 22 determination of the validity of those laws. In this regard, the County Clerks at
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present do not anticipate presenting evidence to the Court or making any motions.

24 As a result, they are amenable to any case management schedule and format for 25 motions or trial as the plaintiffs and defendant-intervenor have proposed, and that 26 the Court determines will best enable it to decide the questions presented by this
27 case.

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HOA.633779.1 JOINT CASE MANAGEMENT

09-CV-2292 CONFERENCE

VRW

STATEMENT

OF DEAN C. LOGAN AND PATRICK O'CONNELL

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1 DATEDAugust
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7,2009

Respectfully

submitted,

OFFICE OF THE COUNTY COUNSEL By /s/ Judy W. Whitehurst JUDY W. WHITEHURST Principal Deputy County Counsel

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6 7 8 9 DATEDAugust 7,2009

Attorneys for DEAN C. LOGAN REGISTRAR-RECORDER/COUNTY CLERK, COUNTY OF LOS ANGELES Respectfully submitted,

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HOA.633779.1

OFFICE OF THE COUNTY COUNSEL By /s/ Claude Kolm CLAUDE KOLM Deputy County Counsel

Attorneys for PATRICK O'CONNELL AUDITOR-CONTROLLER-CLERKRECORDER, COUNTY OF ALAMEDA

09-CV-2292 JOINT CASE MANAGEMENT CONFERENCE

VRW

STATEMENT

OF DEAN C. LOGAN AND PATRICK O'CONNELL

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Filed08/07/09 Page4 of 5

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DECLARA TION OF SERVICE USDC - Northern District Case No. 09-CV-2292 VRW Perry, et al. v. Schwarzenegger, et al. STATE OF CALIFORNIA, County of Los Angeles: Hazel T. Bataclan states: I am employed in the County of Los Angeles, State of

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5 California, over the age of eighteen years and not a party to the within action. My business 6 California 90012-2713.
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address is 648 Kenneth Hahn Hall of Administration, 500 West Temple Street, Los Angeles, That on August 7,2009, I served the attached

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8 JOINT CASE MANAGEMENT CONFERENCE STATEMENT FILED ON BEHALF OF DEFENDANTS DEAN C. LOGAN, LOS ANGELES COUNTY 9 REGISTRAR-RECORDER! COUNTY AND PATRICK O'CONNELL, ALAMEDA COUNTY AUDITOR-CONTROLLER-CLERK-RECORDER

Party(ies) by placing D the original D a true copy thereof enclosed in a sealed envelope addressed D as follows ~ as stated on the attached 12 mailing list:

11 upon the non-CMlECF participants/Interested

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(BY MAIL) by sealing and placing the envelope for collection and mailing on the date and at the place shown above following our ordinary business practices. I am readily familiar with this office's practice of collection and processing correspondence for mailing. Under that practice the correspondence would be deposited with the United States Postal Service that same day with postage thereon fully prepaid. I declare that I am employed in the offices of a member of this court at whose direction the service was made. Executed on August 13,2009, at Los Angeles, California.

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Hazel T. Bataclan Type or Print Name of Declarant and, for personal service by a Messenger Service, include the name of the Messenger Service

/s/ Hazel T. Bataclan Signature

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HOA.633779.1 JOINT CASE MANAGEMENT 09-CV-2292 CONFERENCE VRW STATEMENT OF DEAN C. LOGAN AND PATRICK O'CONNELL

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SERVICE LIST Tobias Barrington Wolff University of Pennsylvania Law School 3400 Chestnut Street Philadelphia, PA 19104-6204 Gordon Bruce Burns Attorney Generals Office, Dept. of Justice - Executive Unit 1300 I Street, 17th Floor Sacramento, CA 95814 United States

2 David Boies, Esquire 3 Boies Schiller & Flexner, LLP 333 Main Street Armonk, NY 10504 4 5 6 Theane Evangelis Kapur, Esquire Gibson Dunn & Crutcher LLP 7 333 South Grand Avenue 8 Los Angeles, CA 90071 9 10 11 12 13 14 15 16 17 18 19
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HOA.633779.1 JOINT CASE MANAGEMENT

09-CV-2292 CONFERENCE

VRW

STATEMENT

OF DEAN C. LOGAN AND PATRICK O'CONNELL

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