Perry et al v. Schwarzenegger et al

Filing 398

Witness List by Dennis Hollingsworth, Gail J. Knight, Mark A. Jansson, Martin F. Gutierrez, ProtectMarriage.com - Yes on 8, A Project of California Renewal. (Cooper, Charles) (Filed on 1/11/2010)

Perry et al v. Schwarzenegger et al

Doc. 398

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COOPER AND KIRK, PLLC Charles J. Cooper (DC Bar No. 248070)* [e-mail] David H. Thompson (DC Bar No. 450503)* [e-mail] Howard C. Nielson, Jr. (DC Bar No. 473018)* [e-mail] Nicole J. Moss (DC Bar No. 472424)* [e-mail] Peter A. Patterson (OH Bar No. 0080840)* [e-mail] 1523 New Hampshire Ave. N.W., Washington, D.C. 20036 Telephone: [phone], Facsimile: [phone] LAW OFFICES OF ANDREW P. PUGNO Andrew P. Pugno (CA Bar No. 206587) [e-mail] 101 Parkshore Drive, Suite 100, Folsom, California 95630 Telephone: [phone], Facsimile: [phone] ALLIANCE DEFENSE FUND Brian W. Raum (NY Bar No. 2856102)* [e-mail] James A. Campbell (OH Bar No. 0081501)* [e-mail] 15100 North 90th Street, Scottsdale, Arizona 85260 Telephone: [phone], Facsimile: [phone] ATTORNEYS FOR DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, MARK A. JANSSON, and PROTECTMARRIAGE.COM ­ YES ON 8, A PROJECT OF CALIFORNIA RENEWAL * Admitted pro hac vice UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA KRISTIN M. PERRY, SANDRA B. STIER, PAUL CASE NO. 09-CV-2292 VRW T. KATAMI, and JEFFREY J. ZARRILLO, Plaintiffs, CITY AND COUNTY OF SAN FRANCISCO, Plaintiff-Intervenor, 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
DEFENDANT-INTERVENORS' SUPPLEMENTAL WITNESS STATEMENT CASE NO. 09-CV-2292 VRW

DEFENDANT-INTERVENORS' SUPPLEMENTAL WITNESS STATEMENT Trial Date: January 11, 2010

Dockets.Justia.com

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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, and PROPOSITION 8 OFFICIAL PROPONENTS DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, HAKSHING WILLIAM TAM, and MARK A. JANSSON; and PROTECTMARRIAGE.COM ­ YES ON 8, A PROJECT OF CALIFORNIA RENEWAL, Defendant-Intervenors.

Additional Counsel for Defendant-Intervenors ALLIANCE DEFENSE FUND Timothy Chandler (CA Bar No. 234325) [e-mail] 101 Parkshore Drive, Suite 100, Folsom, California 95630 Telephone: [phone], Facsimile: [phone] Jordan W. Lorence (DC Bar No. 385022)* [e-mail] Austin R. Nimocks (TX Bar No. 24002695)* [e-mail] 801 G Street NW, Suite 509, Washington, D.C. 20001 Telephone: [phone], Facsimile: [phone] * Admitted pro hac vice

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Defendant-Intervenors' Witness Statement Defendant-Intervenors Dennis Hollingsworth, Gail J. Knight, Martin F. Gutierrez, Mark A. Jansson, and ProtectMarriage.com ­ Yes on 8, A Project of California Renewal ("Proponents") respectfully submit this statement identifying the persons they may call as witnesses and summarizing their testimony, supplemented to reflect the withdrawal of Loren Marks, Paul Nathanson, Daniel N. Robinson, and Katherine Young. 1 Proponents reserve the right to omit witnesses at trial or to call any witness necessary to lay the foundation for the admissibility of trial exhibits, and to call as their own witness any witness identified on the Plaintiffs' and/or PlaintiffIntervenor's (collectively, "Plaintiffs") witness statements on the subjects identified by Plaintiffs. 2 In addition to the topics listed below, each witness may additionally testify as to any topics regarding any exhibit presented by any party at trial, in rebuttal of evidence and testimony submitted by Plaintiffs, or impeachment of Plaintiffs' witnesses. 3 Witness Name Address David Blankenhorn* Institute for American Values 1841 Broadway, Suite 211 New York, NY 10023 [phone] Kenneth P. Miller* Associate Professor Department of Government Claremont McKenna College Claremont, CA 91711 [phone] Plaintiff Perry claims to reside in Alameda County, California Summary of Testimony Mr. Blankenhorn's testimony will relate to the matters addressed in his expert report. Professor Miller's testimony will relate to the matters addressed in his expert rebuttal report.

Kristin M. Perry

Proponents may elicit testimony from Plaintiff Perry related to her role as a Plaintiff in this matter, her knowledge about sexual orientation, and the topics

Witnesses Proponents expect to present are identified with an asterisk (*). Proponents may call the remaining witnesses if the need arises. 2 Proponents reserve the right to object to any witness designated on the Plaintiffs' witness statement, or any exhibit on Plaintiffs' exhibit list. Proponents also reserve the right to rely upon Plaintiffs' designated witnesses or exhibits, and this reservation should not be construed as a waiver of any objection to specific witnesses or exhibits. 3 It is Proponents' understanding that the Defendants in this case do not plan to present evidence at trial. Should Defendants seek to do so, Proponents adopt the same reservations with respect to such evidence, be it witness testimony, documentary, or other evidence, as they have with respect to Plaintiffs' evidence. 1
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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 Gregory M. Herek Daniel S. Hamermesh University of Texas Department of Economics 1 University Station Austin, TX 78712-1173 [phone] Department of Psychology University of California 1 Shields Avenue Davis, CA 95616-8686 [phone] 2 George Chauncey Nancy F. Cott M.V. Lee Badgett Jeffrey J. Zarrillo Paul T. Katami Sandra B. Stier Plaintiff Stier claims to reside in Alameda County, California

addressed in her deposition. Proponents may elicit testimony from Plaintiff Stier related to her role as a Plaintiff in this matter, her knowledge about sexual orientation, and the topics addressed in her deposition. Plaintiff Katami claims to reside Proponents may elicit testimony from in Los Angeles County, Plaintiff Katami related to his role as a California Plaintiff in this matter, his knowledge about sexual orientation, and the topics to be addressed in his deposition. Plaintiff Zarrillo claims to Proponents may elicit testimony from reside in Los Angeles County, Plaintiff Zarrillo related to his role as a California Plaintiff in this matter, his knowledge about sexual orientation, and the topics to be addressed in his deposition. Center for Public Policy & Proponents may elicit testimony from Administration Professor Badgett on topics addressed in University of Massachusetts her expert report, expert rebuttal report, 416 Thompson Hall her writings and deposition testimony. 200 Hicks Way Proponents may also elicit testimony from Amherst, MA 01003 Professor Badgett related to her role with [phone] the Williams Institute. Department of History 35 Quincy St. Harvard University Cambridge, MA 02138 [phone] P.O. Box 208324 New Haven, CT 06520-8324 [phone] Proponents may elicit testimony from Professor Cott on topics addressed in her expert report, expert rebuttal report, her writings, and deposition testimony. Proponents may elicit testimony from Professor Chauncey on topics related to his expert report, his writings, and deposition testimony.

Proponents may elicit testimony from Professor Hamermesh on topics addressed in his expert report, expert rebuttal report, his writings, and deposition testimony. Proponents may elicit testimony from Professor Herek on topics related to his expert report, his writings, and deposition testimony.

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Michael Lamb

Ilan H. Meyer

Letitia Anne Peplau

Gregory M. Segura

Edmund A. Egan

University of Cambridge Free School Lane Cambridge CB2 3RQ United Kingdom (44) 01223-334523 Columbia University Mailman School of Public Health 722 West 168 Street New York, New York 10032 [phone] University of California, Los Angeles Department of Psychology 1285 Franz Hall, Box 951563 Los Angeles, CA 90095-1563 [phone] Department of Political Science, Stanford University 100 Encina Hall West Stanford, CA 94305-6044 [phone] 135 Carl St. #4 San Francisco, CA 94117 [phone] Office of the County Clerk City and County of San Francisco City Hall, Room 168 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102 [phone] California Secretary of State Domestic Partners Registry 1500 11th Street, 2nd Floor Sacramento, CA 95814 [phone]

Proponents may elicit testimony from Professor Lamb on topics addressed in his expert report, expert rebuttal report, his writings, and deposition testimony. Proponents may elicit testimony from Professor Meyer on topics addressed in his expert report, his writing, and deposition testimony. Proponents may elicit testimony from Professor Peplau on topics addressed in her expert report, expert rebuttal report, her writings, and deposition testimony. Proponents may elicit testimony from Professor Segura on topics addressed in his expert report, expert rebuttal report, his writing, and deposition testimony. Proponents may elicit testimony from Dr. Egan on topics addressed in his expert report and deposition testimony. If necessary, Proponents may call a representative from the City and County of San Francisco's Office of the County Clerk to testify to marriage records produced in connection with Dr. Egan's expert report. If necessary, Proponents may call a representative from the office of the California Secretary of State to testify to domestic partnership records produced by the State.

City and County of San Francisco County Clerk

California Secretary of State

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Dated:

January 11, 2010

COOPER AND KIRK, PLLC ATTORNEYS FOR DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, MARK A. JANSSON, AND PROTECTMARRIAGE.COM ­ YES ON 8, A PROJECT OF CALIFORNIA RENEWAL By: /s/Charles J. Cooper Charles J. Cooper

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DEFENDANT-INTERVENORS' SUPPLEMENTAL WITNESS STATEMENT CASE NO. 09-CV-2292 VRW