Perry et al v. Schwarzenegger et al

Filing 224

Declaration of Christopher D. Dusseault in Support of #223 Memorandum in Opposition, TO DEFENDANT-INTERVENORS MOTION FOR A STAY PENDING APPEAL AND/OR PETITION FOR WRIT OF MANDAMUS filed byCity and County of San Francisco, Paul T. Katami, Kristin M. Perry, Sandra B. Stier, Jeffrey J. Zarrillo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Related document(s) #223 ) (Olson, Theodore) (Filed on 10/13/2009)

Perry et al v. Schwarzenegger et al

Doc. 224

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GIBSON, DUNN & CRUTCHER LLP Theodore B. Olson, SBN 38137 [e-mail] Matthew D. McGill, pro hac vice Amir C. Tayrani, SBN 229609 1050 Connecticut Avenue, N.W., Washington, D.C. 20036 Telephone: [phone], Facsimile: [phone] Theodore J. Boutrous, Jr., SBN 132009 [e-mail] Christopher D. Dusseault, SBN 177557 Ethan D. Dettmer, SBN 196046 Sarah E. Piepmeier, SBN 227094 Theane Evangelis Kapur, SBN 243570 Enrique A. Monagas, SBN 239087 333 S. Grand Avenue, Los Angeles, California 90071 Telephone: [phone], Facsimile: [phone] BOIES, SCHILLER & FLEXNER LLP David Boies, pro hac vice [e-mail] Theodore H. Uno, SBN 248603 333 Main Street, Armonk, New York 10504 Telephone: [phone], Facsimile: [phone] Attorneys for Plaintiffs KRISTIN M. PERRY, SANDRA B. STIER, PAUL T. KATAMI, and JEFFREY J. ZARRILLO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KRISTIN M. PERRY, SANDRA B. STIER, PAUL T. KATAMI, and JEFFREY J. ZARRILLO, Plaintiffs, v. ARNOLD SCHWARZENEGGER, in his official capacity as Governor of California; EDMUND G. BROWN, JR., in his official capacity as Attorney General of California; MARK B. HORTON, in his official capacity as Director of the California Department of Public Health and State Registrar of Vital Statistics; LINETTE SCOTT, in her official capacity as Deputy Director of Health Information & Strategic Planning for the California Department of Public Health; PATRICK O'CONNELL, in his official capacity as Clerk-Recorder for the County of Alameda; and DEAN C. LOGAN, in his official capacity as Registrar-Recorder/County Clerk for the County of Los Angeles, Defendants. CASE NO. 09-CV-2292 VRW

DECLARATION OF CHRISTOPHER D. DUSSEAULT IN SUPPORT OF PLAINTIFFS' AND PLAINTIFFINTERVENOR'S JOINT OPPOSITION TO DEFENDANT-INTERVENORS' MOTION FOR A STAY PENDING APPEAL AND/OR PETITION FOR WRIT OF MANDAMUS Date: January 7, 2010 Time: 10:00 a.m. Judge: Chief Judge Walker Location: Courtroom 6, 17th Floor

09-CV-2292 VRW DECLARATION OF CHRISTOPHER D. DUSSEAULT
Dockets.Justia.com

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I, Christopher D. Dusseault, declare as follows: 1. I am a partner at the law firm of Gibson, Dunn & Crutcher LLP, and I am one of the

attorneys of record for Plaintiffs Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo ("Plaintiffs") in this action. I make this declaration in support of Plaintiffs' and PlaintiffIntervenor's Joint Opposition to Defendant-Intervenors' Motion for a Stay Pending Appeal and/or Petition for Writ of Mandamus. I have personal knowledge of the facts set forth herein, and if called as a witness, I could and would competently testify hereto. 2. On October 8, 2009, counsel for Defendant-Intervenors, Jesse Panuccio, requested by

e-mail that Plaintiffs stipulate to an expedited briefing schedule for this Motion. Mr. Panuccio's original proposal was that Plaintiffs respond to the Motion by Tuesday, October 13, just two business days after filing of the Motion, and it made no mention of any reply brief. On that same day, I responded to Mr. Panuccio's e-mail and stated that, while Plaintiffs were amenable to such an expedited schedule, they wanted to be certain that the Court could, if desired, address the issues raised by the Motion in the October 14, 2009 hearing on Defendant-Intervenors' Motion for Summary Judgment. Accordingly, I sought to confirm that the briefing on Plaintiffs' Motion be limited to the Motion and Plaintiffs' opposition. 3. Defendant-Intervenors sought to reserve the right to file a reply after October 13, 2009

or, alternatively, to shorten even further Plaintiffs' already shortened time to reply to DefendantIntervenors' Motion. While the parties were not able to agree on a specific briefing schedule, both parties agreed that the matter should be resolved as promptly as possible. A true and correct copy of the October 8, 2009 e-mail exchange between Mr. Panuccio and I reflecting these negotiations is attached hereto as Exhibit A. 4. 5. Plaintiffs have submitted their Opposition to Plaintiffs' Motion as early as practicable. Defendant-Intervenors have not yet offered to Plaintiffs any draft language for any

protective order that could be applied to documents produced in this case. 6. Plaintiffs' efforts at obtaining information through third party discovery of

information related to the strategy underlying the Prop. 8 campaign have been blocked as a result of Defendant-Intervenors' appeal because third parties such as Schubert Flint Public Affairs have 1
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incorporated by reference Defendant-Intervenors' First Amendment privilege defense (and Defendant-Intervenors' interlocutory appeal of the order rejecting that defense as presented). A true

and correct copy of Schubert Flint's Responses and Objections to Plaintiffs' Subpoena to Produce Documents is attached as Exhibit B. 7. On September 1, 2009, Defendant-Intervenors served a subpoena seeking

communications substantially similar to those they seek to protect here from Fred Karger, founder of Californians Against Hate, as part of their discovery in ProtectMarriage.com v. Bowen (E.D. Cal. Case No. 2:09-cv-00058-MCE-DAD). A true and correct copy of this subpoena is attached hereto as Exhibit C. 8. Defendant-Intervenors have not disclosed the identities of three members of the ad hoc

executive committee who provided the executive direction to the campaign or whether such individuals have evidence relevant to this case. I declare, under penalty of perjury under the laws of the United States, that these facts are true and correct and that this Declaration is executed this 13th day of October 2009 at Los Angeles, California.

/s/ Christopher D. Dusseault Christopher D. Dusseault

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ATTESTATION PURSUANT TO GENERAL ORDER NO. 45 Pursuant to General Order No. 45 of the Northern District of California, I attest that concurrence in the filing of the document has been obtained from each of the other signatories to this document.

By: /s/ Theodore B. Olson Theodore B. Olson

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