Perry et al v. Schwarzenegger et al

Filing 340

Declaration of Ethan D. Dettmer in Support of #339 First MOTION to Compel filed byPaul T. Katami, Kristin M. Perry, Sandra B. Stier, Jeffrey J. Zarrillo. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Related document(s) #339 ) (Boutrous, Theodore) (Filed on 1/4/2010)

Perry et al v. Schwarzenegger et al

Doc. 340

Case3:09-cv-02292-VRW Document340

Filed01/04/10 Page1 of 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
Gibson, Dunn & Crutcher LLP

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] 333 Main Street, Armonk, New York 10504 Telephone: [phone], Facsimile: [phone] Jeremy M. Goldman, SBN 218888 [e-mail] Theodore H. Uno, SBN 248603 1999 Harrison Street, Suite 900, Oakland, California 94612 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, et al., Plaintiffs, and CITY AND COUNTY OF SAN FRANCISCO, Plaintiff-Intervenor, v. ARNOLD SCHWARZENEGGER, et al., Defendants, and PROPOSITION 8 OFFICIAL PROPONENTS DENNIS HOLLINGSWORTH, et al., Defendant-Intervenors. CASE NO. 09-CV-2292 VRW DECLARATION OF ETHAN D. DETTMER IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL COMPLIANCE WITH SUBPOENA BY FORMERLY "UNNAMED EXECUTIVE COMMITTEE MEMBER" DOUG SWARDSTROM

09-CV-2292 VRW DECLARATION OF ETHAN D.DETTMER IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL COMPLIANCE WITH SUBPOENA BY DOUG SWARDSTROM

Dockets.Justia.com

Case3:09-cv-02292-VRW Document340

Filed01/04/10 Page2 of 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
Gibson, Dunn & Crutcher LLP

I, Ethan D. Dettmer, declare as follows: 1. I am an attorney licensed to practice law in the State of California and in the Northern

District of California. I am an partner in the law firm of Gibson, Dunn & Crutcher LLP, counsel of record for Plaintiffs Kristin M. Perry, Sandra B. Stier, Paul T. Katami, and Jeffrey J. Zarrillo in the above-captioned matter. I make this declaration in support of Plaintiffs' Motion to Compel the Deposition of ProtectMarriage.com Executive Committee member Doug Swardstrom. The information below is stated on personal knowledge and if called as a witness, I could and would testify competently thereto. 2. Attached hereto as Exhibit A is a true and correct copy of a letter sent by

ProtectMarriage.com to Jim Abbott revealing the identity of ProtectMarriage.com Executive Committee Member Edward Dolejsi, dated October 22, 2008. 3. Attached hereto as Exhibit B is a true and correct copy of Defendant-Intervenors'

Response to Plaintiffs' Second Set of Interrogatories, dated November 9, 2009. 4. Attached hereto as Exhibit C is a true and correct copy of an email from Kaylan

Phillips, counsel for Doug Swardstrom, to Ethan D. Dettmer, dated December 29, 2009. 5. Attached hereto as Exhibit D is a true and correct copy of a letter from Nicole Jo Moss

to Matthew McGill and Ethan Dettmer, dated December 15, 2009. 6. Attached hereto as Exhibit E is a true and correct copy of an email message from

Andrew Pugno to the Editorial Board of The Wall Street Journal, attaching a letter to the editor signed by, inter alia, Doug Swardstrom as a member of the Executive Committee of ProtectMarriage.com. 7. Attached hereto as Exhibit F is a true and correct copy of the Subpoena to Testify at a

Deposition or to Produce Documents in a Civil Action, directed to the Unnamed "Yes on 8" Ad Hoc Committee Member, c/o James Bopp, Jr., dated October 26, 2009. 8. Attached hereto as Exhibit G is a true and correct copy of an email from Kaylan

Phillips to Ethan D. Dettmer, dated October 27, 2009. 9. Attached hereto as Exhibit H is a true and correct copy of a letter from James Bopp,

Jr. to Ethan D. Dettmer, dated November 9, 2009. 2
09-CV-2292 VRW DECLARATION OF ETHAN D.DETTMER IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL COMPLIANCE WITH SUBPOENA BY DOUG SWARDSTROM

Case3:09-cv-02292-VRW Document340

Filed01/04/10 Page3 of 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
Gibson, Dunn & Crutcher LLP

10.

Attached hereto as Exhibit I is a true and correct copy of excerpts from the transcript

of the deposition of Mark Jansson, taken on December 3, 2009. 11. Attached hereto as Exhibit J is a true and correct copy of excerpts from the transcript

of the deposition of Edward Dolejsi, taken on December 16, 2009. 12. Attached hereto as Exhibit K is a true and correct copy of excerpts from the transcript

of the deposition of Ronald Prentice, taken on December 17, 2009. 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 4th day of January, 2010, at San Francisco, California.

/s/ Ethan D. Dettmer Ethan D. Dettmer

3
09-CV-2292 VRW DECLARATION OF ETHAN D.DETTMER IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL COMPLIANCE WITH SUBPOENA BY DOUG SWARDSTROM

Case3:09-cv-02292-VRW Document340

Filed01/04/10 Page4 of 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
Gibson, Dunn & Crutcher LLP

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. /s/ Theodore Boutrous, Jr Theodore Boutrous, Jr.

4
09-CV-2292 VRW DECLARATION OF ETHAN D.DETTMER IN SUPPORT OF PLAINTIFFS' MOTION TO COMPEL COMPLIANCE WITH SUBPOENA BY DOUG SWARDSTROM