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)

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Perry et al v. Schwarzenegger et al Doc. 340 Att. 9 Case3:09-cv-02292-VRW Document340-10 Filed01/04/10 Page1 of 4 Exhibit J Dockets.Justia.com Case3:09-cv-02292-VRW Document340-10 Edward Dolejsi Elk Grove, CA Filed01/04/10 Page2 of 4 December 16, 2009 Page 1 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 and vs. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KRISTIN M. PERRY, et al., Plaintiffs, and ) ) )No. 09-CV-2292 VRW ) CITY AND COUNTY OF SAN FRANCISCO,) Plaintiff-Intervenor ) ) ) ) ) ARNOLD SCHWARZENEGGER, et al. Defendants, PROPOSITION 8 OFFICIAL PROPONENTS) DENNIS HOLLINGSWORTH, et al. Defendant-Intervenors. ) ) Videotaped Deposition of EDWARD DOLEJSI Wednesday, December 16, 2009 --o0o-Reported by: CATHERINE D. LAPLANTE CSR License No. 10140 Alderson Reporting Company 1-800-FOR-DEPO Case3:09-cv-02292-VRW Document340-10 Edward Dolejsi Elk Grove, CA Page 74 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 Filed01/04/10 Page3 of 4 December 16, 2009 Page 76 A. I don't recall the exact dates. My own recollection is that there was ProtectMarriage.com prior to California Renewal, et cetera, et cetera, et cetera. Q. Okay. Were you a member or were you on the Executive Committee of ProtectMarriage.com prior to the time it was ProtectMarriage.com, Yes on 8, a Project of California Renewal? A. No. Q. Maybe for simplicity sake in this deposition we can just refer to ProtectMarriage.com to mean ProtectMarriage.com, Yes on 8, a Project of California Renewal so we don't have to say the whole title each time; is that fair? A. That's fair as long as we distinguish between the latter description, which was a formal gathering of the committee. I mean, we gathered as the Protect Marriage Committee on Proposition 8. Prior to that time, there was a ProtectMarriage.com of which I was not a participant on the Executive Committee. Q. Okay. So I guess with -A. As long as we are referring to the organization called ProtectMarriage.com, as you've described it, subsequent to Proposition 8, I'm in agreement with describing it that way, ProtectMarriage.com. Q. Okay. Maybe let me ask you just a background question. 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 Q. How did it come to be? Were you invited? Did you call somebody? How did you become a participant? A. I -- hard to recollect whether I was -- I was interested as the initiative moved towards qualification to be more directly involved in the ProtectMarriage.com effort. I think it was at my instigation to ask the others if I could attend their meetings at that point and be part of the Executive Committee. Q. Okay. A. I was aware of their ongoing meetings prior to that. Q. Okay. Now, in this litigation what we have learned, just to give you some background of what's been happening in our case, is that there are four members, four identified members of the Executive Committee and one unidentified member of the Executive Committee, if I'm remembering correctly. Yourself, Mr. Hollingsworth -Sorry. That's not correct. MS. MOSS: That's not correct. MR. DETTMER: I'm getting the proponents and the Executive Committee members -Q. Well, let me ask you this: What's your understanding of the -- of who was on the Executive Committee of ProtectMarriage.com during the time you were on it? MS. MOSS: And in answering that, I'm going to instruct you not to reveal the name of the anonymous Executive Page 75 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 Page 77 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 Do you remember when you became -- when you joined the Executive Committee of this organization, when in time? A. Roughly, yes. May or June of 2008. Q. Okay. A. Yeah. Q. So at that point obviously Proposition 8 had been placed on the ballot if it qualified for the ballot? A. I think it was subsequent to its qualifying for the ballot. I think shortly before it qualified for the ballot because the indications were it was going to qualify, and I wanted to be a participant in the Executive Committee at that point. Q. Okay. A. I don't know the exact date. Q. That's fair. Best of your recollection is it was approximately the time it was qualified? A. Late spring of '08. Q. Okay. And obviously before it qualified for the ballot, it couldn't have been known as Yes on 8 because nobody knew it was named 8? A. Correct. Q. How did you become a member, or how did you become a participant in the Executive Committee of ProtectMarriage.com? A. What do you mean by how? Committee member. THE WITNESS: Understood. It was Ron Prentice, Andy Pugno and Mark Jansson, and Andy Pugno was the General Counsel. Q. BY MR. DETTMER: Okay. And it was your understanding that he wasn't a part of the Executive Committee? A. Correct. He was our General Counsel. Q. And then -- an individual who hasn't been publicly identified, as far as you know? A. That's correct. Q. So four members plus Mr. Pugno as General Counsel? A. Correct. Q. Okay. A. Four participants. Q. Fair enough. A. Again, I don't think we deliberated membership criteria. Q. And I think you're also aware that there are official proponents of Proposition 8; is that correct? A. It is. Q. And who do you understand those people to be? A. I should probably know them all intimately. I don't. Q. Okay. A. Dennis Hollingsworth, a gentleman by the name of Mr. Tam. I can't remember whether -- I think Gayle Knight 20 (Pages 74 to 77) Alderson Reporting Company 1-800-FOR-DEPO Case3:09-cv-02292-VRW Document340-10 Edward Dolejsi Elk Grove, CA Page 166 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 Filed01/04/10 Page4 of 4 December 16, 2009 Page 168 let's close the deposition for now. We'll see what happens with the 9th Circuit or any other rulings that occur, and we may or may not see you again at least before trial, so thank you. THE WITNESS: Thank you. MR. SWEENEY: Thank you again. MR. DETTMER: Any questions? MS. MOSS: I have no questions. MR. DETTMER: We're off the record. 1 2 3 4 5 6 7 8 9 REPORTER'S CERTIFICATE I, CATHERINE D. LAPLANTE, a Certified Shorthand Reporter for the State of California, do hereby certify: That I am a disinterested person herein; that the witness, EDWARD DOLEJSI, in the foregoing deposition, was by me duly sworn to testify the truth, the whole truth and nothing but the truth; that the deposition was reported in shorthand by me, CATHERINE D. LAPLANTE, a Certified Shorthand Reporter of the State of California, and thereafter transcribed into typewriting; that the foregoing is a true and correct record of the testimony given by the witness. IN WITNESS WHEREOF, I hereby certify this transcript at my office in the County of Placer, State of California, this 23rd day of December, 2009. VIDEO OPERATOR: This ends tape three, Volume I, of the 10 11 deposition of Edward Dolejsi. This also ends his deposition we are off the record at 3:19 p.m. THE REPORTER: Will you be ordering? MR. DETTMER: Yes. THE REPORTER: Mr. Sweeney, are you ordering a copy? MR. SWEENEY: I don't think so. THE REPORTER: Will you be ordering? MS. MOSS: Yes. Absolutely. I'd like a rough as soon as possible. Also, we just need the witness to have two weeks to read and sign so we can get the transcript and exhibits for trial. If we can get a rough draft as soon as possible and final on the 28th of December with exhibits scanned. The witness -- after we get the transcript on the 28th, he'll have two weeks to read and sign, and you can release 12 13 14 15 16 17 18 19 20 21 22 23 24 25 __________________________________ CATHERINE D. LAPLANTE, CSR #10140 Page 167 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 the original for us to use in court. THE REPORTER: What will you be ordering? MS. MOSS: Rough and E-tran is fine. Well, go ahead and give me the hard copy. I'll have exhibits scanned and attached to the hard copy. THE REPORTER: Do you want exhibits scanned and sent to you? MR. DETTMER: I want a hard copy, hard copy exhibits. And E-tran of the transcript. (Today's proceedings concluded at 3:26 p.m.) ____________________________ Edward Dolejsi Subscribed and Sworn to before me this ________________ of ________________, 200______. ___________________________ Notary Public My Commission Expires: 43 (Pages 166 to 168) Alderson Reporting Company 1-800-FOR-DEPO

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