Perry et al v. Schwarzenegger et al

Filing 472

MOTION to Compel filed by Martin F. Gutierrez, Dennis Hollingsworth, Mark A. Jansson, Gail J. Knight, ProtectMarriage.com - Yes on 8, A Project of California Renewal. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Cooper, Charles) (Filed on 1/15/2010)

Perry et al v. Schwarzenegger et al

Doc. 472 Att. 1

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page1 of 32

EXHIBIT 2

Dockets.Justia.com

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page2 of 32

ACLU Subpoena

Case3:09-cv-02292-VRW Document472-2

ALLù\CE DEFENSE FUND
Defending Our FirM Liberty

lfJ

Filed01/15/10 Page3 of 32

November i 6, 2009

Via United States First-Class Mail and Electronic Mail
No on Proposition 8 Campaign for Marriage Equality
A Project of the American Civil Liberties Union of

Northern California

c/o Steve Bomse Orrick, Herrington & Sutcliffe LLP The Orrick Building 405 Howard Street
San Francisco, California 94 i 05

Re: Perry v. Schwarzenegger, U.S.D.C., N.D. CaL., C-09-2292 VRW
Dear Mr. Bomse:
Please find enclosed a new subpoena to produce documents and electronically stored information issued by the Proposition 8 Proponents and ProtectMarriage.com (collectively
referred to as the "Proposition 8 Proponents") in connection with the above-captioned case,

Perry v. Schwarzenegger. Throughout this litigation, the Proposition 8 Proponents have tried to

conform their document requests to your organization to mirror the requests that the Perry Plaintiffs have presented to them. Initially, the Proposition 8 Proponents sought to achieve this goal by imposing narrowing constructions on the requests in the original subpoena. While we
continue to believe that imposing (and later removing) the narrowing constructions was

reasonable and appropriate, for clarity's sake we have decided to reissue this subpoena and thus remove any doubt about the scope of our document requests.

In accord with the suggestion in your email dated November 5, 2009, the Proposition 8 Proponents request that you accept service of this new subpoena by your email receipt of this letter and attached subpoena.
Should you have any questions or concerns, please feel free to contact me at (480) 4440020 or jcampbell(itelladf.org.
Thank you for your assistance in this matter.

cc: All counsel of record Encl.

~

Sincerely,

15100 N. 90TH STREET' SCOTTSDALE, ARIZONA 85260 . PHONE [phone] FAX [phone] WEB WW.TELLAF.ORG

Case3:09-cv-02292-VRW Document472-2
AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of

Filed01/15/10 Page4 of 32
Premises

UNITED STATES DISTRICT COURT
for the Northern District of California
Kristin M. Perry, et al. Plaintif
v.
) ) ) )

Civil Action No. 09-cv-2292 VRW
(lfthe action is pending in another district, state where:

Arnold Schwarzenegger, et al.
Defendant

)
)

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES
To: No on Proposition 8, Campaign for Marriage Equality, A Project of the American Civil Liberties Union of Northern California, 39 Drumm Street, San Francisco, California 94111

M Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of

the

material: See attached Exhibit A for list of requested documents and electronically stored information.

Place: The Law Firm of J. Hector Moreno, Jr. and Associates

Date and Time:

51 E. Campbell Ave., Suite 128
Campbell, California 95008

11/23/200912:00 pm

o Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

I Plac

I Date and Time:

The provisions of

45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of

Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule not doing so, are

attached.
Date: 11/16/2009

CLERK OF COURT

OR
Signature of

Clerk or Deputy Clerk

~
party) The Proposition 8

The name, address, e-mail, and telephone number of

the attorney representing (name of

Proponents and ProtectMarriage.com , who issues or requests this subpoena, are:
James A. Campbell, 15100 N. 90th Street, Scottsdale, Arizona 85260, jcampbell(Qtelladf.org, [phone].

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page5 of 32
Premises (Page 2)

AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of

Civil Action No. 09-cv-2292 VRW
PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
This subpoena for (name of

individual and title, ifany)

was received by me on (date)

o I personally served the subpoena on the individual at (place)
on (date)
o i left the subpoena at the individual's residence or usual place of abode with (name)

; or

, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual's last known address; or

o I served the subpoena to (name ofindividua/)
designated by law to accept service of process on behalf of (name of organization)

, who is

on (date)
o I returned the subpoena unexecuted because

; or ; or

o other (specif):

the United States, or one of its offcers or agents, I have also Unless the subpoena was issued on behalf of tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of
$

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of

perjury that this information is true.

Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page6 of 32

AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises (Page 3)

Federal Rule of

Civil Procedure 45 (c), (d), and (e) (Effective 12/1/07)
(d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information.
These procedures apply to producing documents or electronically
stored information:

(c) Protecting a Person Subject to a Subpoena.
(1) Avoiding Undue Burden or Expense; Sanctions. A party or

attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction - which may include lost
earnings and reasonable attorney's fees - on a party or attorney

(A) Documents. A person responding to a subpoena to produce
documents must produce them as they are kept in the ordinary course of business or must organize and label them to correspond to

who fails to comply.

(2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or premises, need not appear in person at the to permit the inspection of place of production or inspection unless also commanded to appear
for a deposition, hearing, or triaL.

the categories in the demand. (B) Formfor Producing Electronically Stored Information Not
Specifed. If a subpoena does not specifY a form for producing

(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to
inspecting, copying, testing or sampling any or all of

the materials or

to inspecting the premises - or to producing electronically stored information in the form or forms requested. The objection must be the time specified for compliance or 14 served before the earlier of days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compellng production
or inspection.

(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's offcer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the issuing court must quash or modifY a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a party nor a party's offcer to travel more than 100 miles from where that person resides, is
employed, or regularly transacts business in person - except that,

su~iect to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; privileged or other protected matter, if (iii) requires disclosure of no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permited. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modifY the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or (ii) a person who is neither a party nor a party's offcer to incur
substantial expense to travel more than 100 miles to attend triaL.

electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms. (C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored infonnation in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show that the information is not reasonably accessible because of undue that showing is made, the court may nonetheless burden or cost. If the requesting party shows order discovery from such sources if Rule 26(b)(2)(C). The good cause, considering the limitations of court may specify conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or su~iect to protection as trial-preparation material must: (i) expressly make the claim; and the withheld documents, (ii) describe the nature of communications, or tangible things in a manner that, without privileged or protected, wil enable the revealing information itself parties to assess the claim. (B) Information Produced. If information produced in response to a subpoena is subject to a claim of privilege or of protection as trialpreparation material, the person making the claim may notify any the claim and the basis for it. party that received the information of After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take
reasonable steps to retrieve the information if

the party disclosed it

before being notified; and may promptly present the information to the claim. The person the court under seal for a determination of
who produced the information must preserve the information until

the claim is resolved.

(e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the
subpoena. A nonparty's failure to obey must be excused if

(C) Specifing Conditons as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or modifying a subpoena, order appearance or production under
specified conditions if

the subpoena purports to require the nonparty to attend or produce at a Rule 45(c)(3)(A)(ii). place outside the limits of

the serving party:

(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person wil be reasonably compensated.

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page7 of 32

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 Instructions 1.

EXHIBIT A

Your organization is required to furnish all documents, electronically stored

information, or things in your possession, custody, or control, or known or available to you, regardless of whether such documents, electronically stored information, or things are possessed directly by you or your employees, agents, representatives, accountants, attorneys, investigators, or consultants. 2. All documents should be produced in the same manner as they are kept in the

ordinary course of business, or the documents should be organized and labeled to correspond to the categories in this Request. 3. All electronically stored information should be produced in the same manner as it is

kept in the ordinary course of business, or that information should be organized and labeled to correspond to the categories in this Request. 4. If any portion of a document is included within this Request, the entire document

should be produced. 5. If any document cannot be produced in full, you should produce that document to

the fullest extent possible, specifying the reasons for your inability to produce the remainder, and stating whatever information, knowledge, or belief you have concerning the portion of the document that is not produced. 6. Unless otherwise indicated, this Request applies to the period of time from January

1, 2006, through and including the date of production of the requested documents. Definitions 1. "You" and "your" mean the organization identified in the Subpoena to which this

Exhibit is attached. It includes all predecessor or successor organizations regardless of their names. It also includes all employees, agents, or representatives of that organization. 2. "Proposition 8" means the proposition that was placed on the November 2008 ballot

in the State of California and became known as "Proposition 8" for purposes of that election. No reference to "Proposition 8" shall be construed as limited by the date on which Proposition 8 1

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page8 of 32

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

received its official name, number, or ballot title. 3. "Document" includes, but is not limited to, hard copies, electronic documents,

electronic or computerized data compilations, software, software images, or downloads. This term applies to all documents, whether in hard copy or electronic form, on your computers or the computers of your employees, agents, or representatives, whether provided by you to such individual or otherwise. 4. "Communication" means the transmittal of information in the form of facts, ideas,

inquiries, thoughts, or otherwise, and without limitation as to means or method. 5. "No on 8, Equality for All" means the No on 8, Equality for All campaign that

opposed Proposition 8 on the November 2008 ballot in California. 6. "Reflecting," "relating," "supporting," "concerning," "evidencing," "referring," or

"showing" includes the common meaning of those words as well as the indirect and direct references to the subject matter set forth in this Request. Requested Documents and Electronically Stored Information 1. Produce all documents constituting literature, pamphlets, flyers, direct mail,

advertisements, emails, text messages, press releases, or other materials that you distributed to voters, donors, potential donors, or members of the media regarding Proposition 8. 2. Produce all versions of any internet advertisement relating to Proposition 8 that you

had any involvement producing, creating, or distributing. 3. Produce all versions of any television advertisement relating to Proposition 8 that

you had any involvement producing, creating, or distributing. 4. Produce all versions of any radio advertisement relating to Proposition 8 that you

had any involvement producing, creating, or distributing. 5. Produce all plans, schematics, and versions of websites relating to Proposition 8 that

you hosted, paid for, or sponsored. 6. Produce all documents constituting communications that you prepared for public

distribution relating to Proposition 8, including but not limited to speeches, scripts, talking points, articles, notes, and automated telemarketing phone calls. 2

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page9 of 32

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

7.

Produce all documents reflecting your postings related to Proposition 8 on social

networking websites, including but not limited to Facebook, MySpace, and Twitter. 8. Produce all versions of any documents within your possession, custody, or control

that reflect communications related to (1) campaign strategy in connection with Proposition 8, or (2) messages to be conveyed to voters regarding Proposition 8 (without regard to whether the voters or voter groups were viewed as likely supporters or opponents or undecided about Proposition 8 and without regard to whether the messages were actually disseminated or merely contemplated), between or among (1) those who had any role in managing or directing No on 8, Equality for All or the No on 8 campaign, or (2) those who provided advice, counseling, information, or services with respect to the efforts to encourage persons to vote for or against Proposition 8, or otherwise to educate persons about Proposition 8, including its meaning, intent, effects if enacted, or effects if rejected; persons or entities falling within these descriptions include, but are not limited to, persons who served on the executive committee of No on 8, Equality for All, Patrick Guerriero, Steve Smith, Geoff Kors, Kate Kendall, Julie Davis, Armour Griffin Media Group, LLC, Dewey Square Group, LLC, AC Public Affairs, Inc., Lake Research Partners, Inc., David Binder Research, Inc., Storefront Political Media, Skyy Consulting Inc. (d.b.a. CallFire), and Meringcarson. 9. Produce documents showing the name and title of every employee of your

organization since January 2008 who was involved in your campaign against Proposition 8, including but not limited to organizational charts. 10. Produce all documents reflecting public media coverage of Proposition 8 referring or

related to your organization.

3

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page10 of 32

CAEBR Subpoena

Case3:09-cv-02292-VRW Document472-2

ALLIACE DEFENSE FUND
Defending Our FirM Liberty

til

Filed01/15/10 Page11 of 32

November 16, 2009

Via United States First-Class Mail and Electronic Mail
Californians Against Eliminating Basic Rights c/o Kari Krogseng Remcho, Johansen & Purcell, LLP 201 Dolores Avenue San Leandro, California 94577

Re: Perry v. Schwarzenegger, U.S.D.C., N.D. CaL., C-09-2292 VRW
Dear Ms. Krogseng:
Please find enclosed a new subpoena to produce documents and electronically stored information issued by the Proposition 8 Proponents and ProtectMarriage.com (collectively
referred to as the "Proposition 8 Proponents") in connection with the above-captioned case,

Perry v. Schwarzenegger. Throughout this litigation, the Proposition 8 Proponents have tried to

conform their document requests to your organization to mirror the requests that the Perry Plaintiffs have presented to them. Initially, the Proposition 8 Proponents sought to achieve this goal by imposing narrowing constructions on the requests in the original subpoena. While we
continue to believe that imposing (and later removing) the narrowing constructions was

reasonable and appropriate, for clarity's sake we have decided to reissue this subpoena and thus remove any doubt about the scope of our document requests.

In accord with the suggestion in your letter dated November 5, 2009, the Proposition 8 Proponents request that you accept service of this new subpoena by your email receipt of this letter and attached subpoena.
Should you have any questions or concerns, please feel free to contact me at (480) 4440020 or jcampbell~telladf.org.

Than you for your assistance in this matter.

~
cc: All counsel of record Encl.

Sincerely,

James A. Campbell

15100 N. 90TH STREET. SCOTTSDALE, ARIZONA 85260 . PHONE [phone] FAX [phone] WEB WW.TELLAF.ORG

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page12 of 32

AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises

UNITED STATES DISTRICT COURT
for the Northern District of California
Kristin M. Perry, et al.
) )

Plaintif
v. Arnold Schwarzenegger, et al.
Defendant

) )
) )

Civil Action No. 09-cv-2292 VRW
(Ifthe action is pending in another district, state where:

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES
To: Californians Against Eliminating Basic Rights c/o James Harrison

201 Dolores Avenue, San Leandro, California 94577

~ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of

the

material: See attached Exhibit A for list of requested documents and electronically stored information.

Place: The Law Firm of J. Hector Moreno, Jr. and Associates

Date and Time:

51 E. Campbell Ave., Suite 128
Campbell, California 95008

11/23/2009 12:00 pm

o Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the propert or any designated object or operation on it.

I Plac

I Date and Time:

Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule The provisions of 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached.
Date: 11/16/2009

CLERK OF COURT

OR
Signature of

Clerk or Deputy Clerk

~

The name, address, e-mail, and telephone number of

the attorney representing (name afparty) The Proposition 8

Proponents and ProtectMarriage.com , who issues or requests this subpoena, are:
James A. Campbell, 15100 N. 90th Street, Scottsdale, Arizona 85260, jcampbell(gtelladf.org, [phone].

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page13 of 32
Premises (Page 2)

AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of

Civil Action No. 09-cv-2292 VRW
PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
This subpoena for (name of individual and title, if any)

was received by me on (date)

o I personally served the subpoena on the individual at (place)
on (date)
o i left the subpoena at the individual's residence or usual place of abode with (name)

; or

, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual's last known address; or

o I served the subpoena to (name afindividual)
designated by law to accept service of process on behalf of (name of organization)

, who is

on (date)
o I returned the subpoena unexecuted because

; or
; or

o other (specif):

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of
$

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of

perjury that this information is true.

Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page14 of 32

AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises (Page 3)

Federal Rule of Civil Procedure 45 (C), (d), and ( e) (Effective 12/1/07)
(c) Protecting a Person Subject to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or
attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction - which may include lost
earnings and reasonable attorney's fees - on a party or attorney

(d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information.
These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary business or must organize and label them to correspond to course of the categories in the demand. (B) Farmfar Producing Electronically Stored Information Not Specifed. If a subpoena does not specifY a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or
in a reasonably usable form or forms.

who fails to comply.

(2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or premises, need not appear in person at the to permit the inspection of place of production or inspection unless also commanded to appear
for a deposition, hearing, or triaL.

(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to
inspecting, copying, testing or sampling any or all of

the materials or

to inspecting the premises - or to producing electronically stored

information in the form or forms requested. The objection must be the time specified for compliance or 14 served before the earlier of days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production
or inspection.

(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show
that the information is not reasonably accessible because of

undue

(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's offcer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the issuing court must quash or modifY a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a party nor a party's offcer to travel more than i 00 miles from where that person resides, is
employed, or regularly transacts business in person - except that,

burden or cost. Ifthat showing is made, the court may nonetheless order discovery from such sources itthe requesting party shows Rule 26(b)(2)(C). The good cause, considering the limitations of court may specifY conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to
protection as trial-preparation material must:

subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; privileged or other protected matter, if (ii) requires disclosure of no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modifY the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or (ii) a person who is neither a party nor a party's offcer to incur
substantial expense to travel more than i 00 miles to attend triaL.

(i) expressly make the claim; and the withheld documents, (ii) describe the nature of communications, or tangible things in a manner that, without privileged or protected, will enable the revealing information itself parties to assess the claim. information produced in response to a (B) Information Produced. If protection as trialprivilege or of subpoena is subject to a claim of preparation material, the person making the claim may notify any
party that received the information of

the claim and the basis for it.

After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take the par disclosed it reasonable steps to retrieve the infonnation if before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the
the subpoena purports to require the nonparty to attend or produce at a Rule 45(c)(3)(A)(ii). place outside the limits of
subpoena. A nonparty's failure to obey must be excused if

(C) Specifing Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or
modifYing a subpoena, order appearance or production under
specified conditions if

the serving party:

(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person wil be reasonably compensated.

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page15 of 32

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 Instructions 1.

EXHIBIT A

Your organization is required to furnish all documents, electronically stored

information, or things in your possession, custody, or control, or known or available to you, regardless of whether such documents, electronically stored information, or things are possessed directly by you or your employees, agents, representatives, accountants, attorneys, investigators, or consultants. 2. All documents should be produced in the same manner as they are kept in the

ordinary course of business, or the documents should be organized and labeled to correspond to the categories in this Request. 3. All electronically stored information should be produced in the same manner as it is

kept in the ordinary course of business, or that information should be organized and labeled to correspond to the categories in this Request. 4. If any portion of a document is included within this Request, the entire document

should be produced. 5. If any document cannot be produced in full, you should produce that document to

the fullest extent possible, specifying the reasons for your inability to produce the remainder, and stating whatever information, knowledge, or belief you have concerning the portion of the document that is not produced. 6. Unless otherwise indicated, this Request applies to the period of time from January

1, 2006, through and including the date of production of the requested documents. Definitions 1. "You" and "your" mean the organization identified in the Subpoena to which this

Exhibit is attached. It includes all predecessor or successor organizations regardless of their names. It also includes all employees, agents, or representatives of that organization. 2. "Proposition 8" means the proposition that was placed on the November 2008 ballot

in the State of California and became known as "Proposition 8" for purposes of that election. No reference to "Proposition 8" shall be construed as limited by the date on which Proposition 8 1

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page16 of 32

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

received its official name, number, or ballot title. 3. "Document" includes, but is not limited to, hard copies, electronic documents,

electronic or computerized data compilations, software, software images, or downloads. This term applies to all documents, whether in hard copy or electronic form, on your computers or the computers of your employees, agents, or representatives, whether provided by you to such individual or otherwise. 4. "Communication" means the transmittal of information in the form of facts, ideas,

inquiries, thoughts, or otherwise, and without limitation as to means or method. 5. "No on 8, Equality for All" means the No on 8, Equality for All campaign that

opposed Proposition 8 on the November 2008 ballot in California. 6. "Reflecting," "relating," "supporting," "concerning," "evidencing," "referring," or

"showing" includes the common meaning of those words as well as the indirect and direct references to the subject matter set forth in this Request. Requested Documents and Electronically Stored Information 1. Produce all documents constituting literature, pamphlets, flyers, direct mail,

advertisements, emails, text messages, press releases, or other materials that you distributed to voters, donors, potential donors, or members of the media regarding Proposition 8. 2. Produce all versions of any internet advertisement relating to Proposition 8 that you

had any involvement producing, creating, or distributing. 3. Produce all versions of any television advertisement relating to Proposition 8 that

you had any involvement producing, creating, or distributing. 4. Produce all versions of any radio advertisement relating to Proposition 8 that you

had any involvement producing, creating, or distributing. 5. Produce all plans, schematics, and versions of websites relating to Proposition 8 that

you hosted, paid for, or sponsored. 6. Produce all documents constituting communications that you prepared for public

distribution relating to Proposition 8, including but not limited to speeches, scripts, talking points, articles, notes, and automated telemarketing phone calls. 2

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page17 of 32

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

7.

Produce all documents reflecting your postings related to Proposition 8 on social

networking websites, including but not limited to Facebook, MySpace, and Twitter. 8. Produce all versions of any documents within your possession, custody, or control

that reflect communications related to (1) campaign strategy in connection with Proposition 8, or (2) messages to be conveyed to voters regarding Proposition 8 (without regard to whether the voters or voter groups were viewed as likely supporters or opponents or undecided about Proposition 8 and without regard to whether the messages were actually disseminated or merely contemplated), between or among (1) those who had any role in managing or directing No on 8, Equality for All or the No on 8 campaign, or (2) those who provided advice, counseling, information, or services with respect to the efforts to encourage persons to vote for or against Proposition 8, or otherwise to educate persons about Proposition 8, including its meaning, intent, effects if enacted, or effects if rejected; persons or entities falling within these descriptions include, but are not limited to, persons who served on the executive committee of No on 8, Equality for All, Patrick Guerriero, Steve Smith, Geoff Kors, Kate Kendall, Julie Davis, Armour Griffin Media Group, LLC, Dewey Square Group, LLC, AC Public Affairs, Inc., Lake Research Partners, Inc., David Binder Research, Inc., Storefront Political Media, Skyy Consulting Inc. (d.b.a. CallFire), and Meringcarson. 9. Produce documents showing the name and title of every employee of your

organization since January 2008 who was involved in your campaign against Proposition 8, including but not limited to organizational charts. 10. Produce all documents reflecting public media coverage of Proposition 8 referring or

related to your organization.

3

Case3:09-cv-02292-VRW Document472-2

ALLIACE DEFENSE FUND
Defending Our FirM Liberty

til

Filed01/15/10 Page18 of 32

November 16, 2009

Via United States First-Class Mail and Electronic Mail
Californians Against Eliminating Basic Rights c/o Kari Krogseng Remcho, Johansen & Purcell, LLP 201 Dolores Avenue San Leandro, California 94577

Re: Perry v. Schwarzenegger, U.S.D.C., N.D. CaL., C-09-2292 VRW
Dear Ms. Krogseng:
Please find enclosed a new subpoena to produce documents and electronically stored information issued by the Proposition 8 Proponents and ProtectMarriage.com (collectively
referred to as the "Proposition 8 Proponents") in connection with the above-captioned case,

Perry v. Schwarzenegger. Throughout this litigation, the Proposition 8 Proponents have tried to

conform their document requests to your organization to mirror the requests that the Perry Plaintiffs have presented to them. Initially, the Proposition 8 Proponents sought to achieve this goal by imposing narrowing constructions on the requests in the original subpoena. While we
continue to believe that imposing (and later removing) the narrowing constructions was

reasonable and appropriate, for clarity's sake we have decided to reissue this subpoena and thus remove any doubt about the scope of our document requests.

In accord with the suggestion in your letter dated November 5, 2009, the Proposition 8 Proponents request that you accept service of this new subpoena by your email receipt of this letter and attached subpoena.
Should you have any questions or concerns, please feel free to contact me at (480) 4440020 or jcampbell~telladf.org.

Than you for your assistance in this matter.

~
cc: All counsel of record Encl.

Sincerely,

James A. Campbell

15100 N. 90TH STREET. SCOTTSDALE, ARIZONA 85260 . PHONE [phone] FAX [phone] WEB WW.TELLAF.ORG

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page19 of 32

AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises

UNITED STATES DISTRICT COURT
for the Northern District of California
Kristin M. Perry, et al.
) )

Plaintif
v. Arnold Schwarzenegger, et al.
Defendant

) )
) )

Civil Action No. 09-cv-2292 VRW
(Ifthe action is pending in another district, state where:

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES
To: Californians Against Eliminating Basic Rights c/o James Harrison

201 Dolores Avenue, San Leandro, California 94577

~ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of

the

material: See attached Exhibit A for list of requested documents and electronically stored information.

Place: The Law Firm of J. Hector Moreno, Jr. and Associates

Date and Time:

51 E. Campbell Ave., Suite 128
Campbell, California 95008

11/23/2009 12:00 pm

o Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party may inspect, measure, survey, photograph, test, or sample the propert or any designated object or operation on it.

I Plac

I Date and Time:

Fed. R. Civ. P. 45(c), relating to your protection as a person subject to a subpoena, and Rule The provisions of 45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of not doing so, are attached.
Date: 11/16/2009

CLERK OF COURT

OR
Signature of

Clerk or Deputy Clerk

~

The name, address, e-mail, and telephone number of

the attorney representing (name afparty) The Proposition 8

Proponents and ProtectMarriage.com , who issues or requests this subpoena, are:
James A. Campbell, 15100 N. 90th Street, Scottsdale, Arizona 85260, jcampbell(gtelladf.org, [phone].

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page20 of 32
Premises (Page 2)

AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of

Civil Action No. 09-cv-2292 VRW
PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
This subpoena for (name of individual and title, if any)

was received by me on (date)

o I personally served the subpoena on the individual at (place)
on (date)
o i left the subpoena at the individual's residence or usual place of abode with (name)

; or

, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual's last known address; or

o I served the subpoena to (name afindividual)
designated by law to accept service of process on behalf of (name of organization)

, who is

on (date)
o I returned the subpoena unexecuted because

; or
; or

o other (specif):

Unless the subpoena was issued on behalf of the United States, or one of its officers or agents, I have also tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of
$

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of

perjury that this information is true.

Date:
Server's signature

Printed name and title

Server's address

Additional information regarding attempted service, etc:

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page21 of 32

AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises (Page 3)

Federal Rule of Civil Procedure 45 (C), (d), and ( e) (Effective 12/1/07)
(c) Protecting a Person Subject to a Subpoena. (1) Avoiding Undue Burden or Expense; Sanctions. A party or
attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction - which may include lost
earnings and reasonable attorney's fees - on a party or attorney

(d) Duties in Responding to a Subpoena. (1) Producing Documents or Electronically Stored Information.
These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary business or must organize and label them to correspond to course of the categories in the demand. (B) Farmfar Producing Electronically Stored Information Not Specifed. If a subpoena does not specifY a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or
in a reasonably usable form or forms.

who fails to comply.

(2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or premises, need not appear in person at the to permit the inspection of place of production or inspection unless also commanded to appear
for a deposition, hearing, or triaL.

(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to
inspecting, copying, testing or sampling any or all of

the materials or

to inspecting the premises - or to producing electronically stored

information in the form or forms requested. The objection must be the time specified for compliance or 14 served before the earlier of days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production
or inspection.

(C) Electronically Stored Information Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show
that the information is not reasonably accessible because of

undue

(ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's offcer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the issuing court must quash or modifY a subpoena that: (i) fails to allow a reasonable time to comply; (ii) requires a person who is neither a party nor a party's offcer to travel more than i 00 miles from where that person resides, is
employed, or regularly transacts business in person - except that,

burden or cost. Ifthat showing is made, the court may nonetheless order discovery from such sources itthe requesting party shows Rule 26(b)(2)(C). The good cause, considering the limitations of court may specifY conditions for the discovery. (2) Claiming Privilege or Protection. (A) Information Withheld. A person withholding subpoenaed information under a claim that it is privileged or subject to
protection as trial-preparation material must:

subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held; privileged or other protected matter, if (ii) requires disclosure of no exception or waiver applies; or (iv) subjects a person to undue burden. (B) When Permitted. To protect a person subject to or affected by a subpoena, the issuing court may, on motion, quash or modifY the subpoena if it requires: (i) disclosing a trade secret or other confidential research, development, or commercial information; (ii) disclosing an unretained expert's opinion or information that does not describe specific occurrences in dispute and results from the expert's study that was not requested by a party; or (ii) a person who is neither a party nor a party's offcer to incur
substantial expense to travel more than i 00 miles to attend triaL.

(i) expressly make the claim; and the withheld documents, (ii) describe the nature of communications, or tangible things in a manner that, without privileged or protected, will enable the revealing information itself parties to assess the claim. information produced in response to a (B) Information Produced. If protection as trialprivilege or of subpoena is subject to a claim of preparation material, the person making the claim may notify any
party that received the information of

the claim and the basis for it.

After being notified, a party must promptly return, sequester, or destroy the specified information and any copies it has; must not use or disclose the information until the claim is resolved; must take the par disclosed it reasonable steps to retrieve the infonnation if before being notified; and may promptly present the information to the court under seal for a determination of the claim. The person who produced the information must preserve the information until the claim is resolved.

(e) Contempt. The issuing court may hold in contempt a person who, having been served, fails without adequate excuse to obey the
the subpoena purports to require the nonparty to attend or produce at a Rule 45(c)(3)(A)(ii). place outside the limits of
subpoena. A nonparty's failure to obey must be excused if

(C) Specifing Conditions as an Alternative. In the circumstances described in Rule 45(c)(3)(B), the court may, instead of quashing or
modifYing a subpoena, order appearance or production under
specified conditions if

the serving party:

(i) shows a substantial need for the testimony or material that cannot be otherwise met without undue hardship; and (ii) ensures that the subpoenaed person wil be reasonably compensated.

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page22 of 32

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 Instructions 1.

EXHIBIT A

Your organization is required to furnish all documents, electronically stored

information, or things in your possession, custody, or control, or known or available to you, regardless of whether such documents, electronically stored information, or things are possessed directly by you or your employees, agents, representatives, accountants, attorneys, investigators, or consultants. 2. All documents should be produced in the same manner as they are kept in the

ordinary course of business, or the documents should be organized and labeled to correspond to the categories in this Request. 3. All electronically stored information should be produced in the same manner as it is

kept in the ordinary course of business, or that information should be organized and labeled to correspond to the categories in this Request. 4. If any portion of a document is included within this Request, the entire document

should be produced. 5. If any document cannot be produced in full, you should produce that document to

the fullest extent possible, specifying the reasons for your inability to produce the remainder, and stating whatever information, knowledge, or belief you have concerning the portion of the document that is not produced. 6. Unless otherwise indicated, this Request applies to the period of time from January

1, 2006, through and including the date of production of the requested documents. Definitions 1. "You" and "your" mean the organization identified in the Subpoena to which this

Exhibit is attached. It includes all predecessor or successor organizations regardless of their names. It also includes all employees, agents, or representatives of that organization. 2. "Proposition 8" means the proposition that was placed on the November 2008 ballot

in the State of California and became known as "Proposition 8" for purposes of that election. No reference to "Proposition 8" shall be construed as limited by the date on which Proposition 8 1

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page23 of 32

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

received its official name, number, or ballot title. 3. "Document" includes, but is not limited to, hard copies, electronic documents,

electronic or computerized data compilations, software, software images, or downloads. This term applies to all documents, whether in hard copy or electronic form, on your computers or the computers of your employees, agents, or representatives, whether provided by you to such individual or otherwise. 4. "Communication" means the transmittal of information in the form of facts, ideas,

inquiries, thoughts, or otherwise, and without limitation as to means or method. 5. "No on 8, Equality for All" means the No on 8, Equality for All campaign that

opposed Proposition 8 on the November 2008 ballot in California. 6. "Reflecting," "relating," "supporting," "concerning," "evidencing," "referring," or

"showing" includes the common meaning of those words as well as the indirect and direct references to the subject matter set forth in this Request. Requested Documents and Electronically Stored Information 1. Produce all documents constituting literature, pamphlets, flyers, direct mail,

advertisements, emails, text messages, press releases, or other materials that you distributed to voters, donors, potential donors, or members of the media regarding Proposition 8. 2. Produce all versions of any internet advertisement relating to Proposition 8 that you

had any involvement producing, creating, or distributing. 3. Produce all versions of any television advertisement relating to Proposition 8 that

you had any involvement producing, creating, or distributing. 4. Produce all versions of any radio advertisement relating to Proposition 8 that you

had any involvement producing, creating, or distributing. 5. Produce all plans, schematics, and versions of websites relating to Proposition 8 that

you hosted, paid for, or sponsored. 6. Produce all documents constituting communications that you prepared for public

distribution relating to Proposition 8, including but not limited to speeches, scripts, talking points, articles, notes, and automated telemarketing phone calls. 2

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page24 of 32

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

7.

Produce all documents reflecting your postings related to Proposition 8 on social

networking websites, including but not limited to Facebook, MySpace, and Twitter. 8. Produce all versions of any documents within your possession, custody, or control

that reflect communications related to (1) campaign strategy in connection with Proposition 8, or (2) messages to be conveyed to voters regarding Proposition 8 (without regard to whether the voters or voter groups were viewed as likely supporters or opponents or undecided about Proposition 8 and without regard to whether the messages were actually disseminated or merely contemplated), between or among (1) those who had any role in managing or directing No on 8, Equality for All or the No on 8 campaign, or (2) those who provided advice, counseling, information, or services with respect to the efforts to encourage persons to vote for or against Proposition 8, or otherwise to educate persons about Proposition 8, including its meaning, intent, effects if enacted, or effects if rejected; persons or entities falling within these descriptions include, but are not limited to, persons who served on the executive committee of No on 8, Equality for All, Patrick Guerriero, Steve Smith, Geoff Kors, Kate Kendall, Julie Davis, Armour Griffin Media Group, LLC, Dewey Square Group, LLC, AC Public Affairs, Inc., Lake Research Partners, Inc., David Binder Research, Inc., Storefront Political Media, Skyy Consulting Inc. (d.b.a. CallFire), and Meringcarson. 9. Produce documents showing the name and title of every employee of your

organization since January 2008 who was involved in your campaign against Proposition 8, including but not limited to organizational charts. 10. Produce all documents reflecting public media coverage of Proposition 8 referring or

related to your organization.

3

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page25 of 32

Equality California Subpoena

Case3:09-cv-02292-VRW Document472-2

ALLIACE DEFENSE FUND
Defending Our FirAt Liberty

lff

Filed01/15/10 Page26 of 32

November 16,2009
Via United States First-Class Mail and Electronic Mail
Win Marriage Back, A Project of

Equality California

(formerly known as No on 8 - Equality California) c/o Carolyn Chang Fenwick & West, LLP 801 California Street Mountain View, CA 94041
Re: Perry v. Schwarzenegger, U.S.D.C., N.D. CaL., C-09-2292 VRW
Dear Ms. Chang:
Please find enclosed a new subpoena to produce documents and electronically stored information issued by the Proposition 8 Proponents and ProtectMarriage.com (collectively
referred to as the "Proposition 8 Proponents") in connection with the above-captioned case,

Perry v. Schwarzenegger. Throughout this litigation, the Proposition 8 Proponents have tried to

conform their document requests to your organization to mirror the requests that the Perry Plaintiffs have presented to them. Initially, the Proposition 8 Proponents sought to achieve this goal by imposing narrowing constructions on the requests in the original subpoena. While we
continue to believe that imposing (and later removing) the narrowing constructions was

reasonable and appropriate, for clarity's sake we have decided to reissue this subpoena and thus remove any doubt about the scope of our document requests.

To expedite this matter, the Proposition 8 Proponents request that you accept service of this new subpoena by your email receipt of this letter and attached subpoena. Please let me
know if this is acceptable to you.

Should you have any questions or concerns, please feel free to contact me at (480) 4440020 or jcampbellêtelladf.org.

Than you for your assistance in this matter.

cc: All counsel of record Encl.

:;~
Sincerely,

James . ampbell

15100 N. 90TH STREET' SCOTTSDALE, ARIZONA 85260 . PHONE [phone] FAX [phone] WEB WW.TELLAF.ORG

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page27 of 32

AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of Premises

UNITED STATES DISTRICT COURT
for the Northern District of California
Kristin M. Perry, et al.
)

Plaintif
v.

) )
) ) )

Civil Action No. 09-cv-2292 VRW
(If the action is pending in another district, state where:

Arnold Schwarzenegger, et al.
Defendant

SUBPOENA TO PRODUCE DOCUMENTS, INFORMATION, OR OBJECTS OR TO PERMIT INSPECTION OF PREMISES
To: Win Marriage Back, A Project of Equality California (formerly known as No on 8 - Equality California), 2370
Market Street, 2nd Floor, San Francisco, California 94114

~ Production: YOU ARE COMMANDED to produce at the time, date, and place set forth below the following
documents, electronically stored information, or objects, and permit their inspection, copying, testing, or sampling of

the

material: See attached Exhibit A for list of requested documents and electronically stored information.

Place: The Law Firm of J. Hector Moreno, Jr. and Associates

Date and Time:

51 E. Campbell Ave., Suite 128
Campbell, California 95008

11/23/200912:00 pm

o Inspection of Premises: YOU ARE COMMANDED to permit entry onto the designated premises, land, or other property possessed or controlled by you at the time, date, and location set forth below, so that the requesting party
may inspect, measure, survey, photograph, test, or sample the property or any designated object or operation on it.

I Place:

I Date and Time:

The provisions of Fed. R. Civ. P. 45( c), relating to your protection as a person subject to a subpoena, and Rule not doing so, are attached.
45 (d) and (e), relating to your duty to respond to this subpoena and the potential consequences of

Date: 11/16/2009

CLERK OF COURT

OR~
y's signature

Signature of

Clerk or Deputy Clerk

The name, address, e-mail, and telephone number of

the attorney representing (name afparty) The Proposition 8

Proponents and ProtectMarriage.com , who issues or requests this subpoena, are:
James A. Campbell, 15100 N. 90th Street, Scottsdale, Arizona 85260, jcampbell~telladf.org, [phone].

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page28 of 32
Premises (Page 2)

AO 88B (Rev. 01109) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of

Civil Action No. 09-cv-2292 VRW
PROOF OF SERVICE

(This section should not be filed with the court unless required by Fed. R. Civ. P. 45.)
This subpoena for (name of individual and title, if any)

was received by me on (date)

o I personally served the subpoena on the individual at (place)
on (date)
o i left the subpoena at the individual's residence or usual place of abode with (name)

; or

, a person of suitable age and discretion who resides there,
on (date) , and mailed a copy to the individual's last known address; or
o I served the subpoena to (name afindividuaO
designated by law to accept service of process on behalf of (name of organization)

, who is

on (date)
o I returned the subpoena unexecuted because

; or ; or

o other (specif):

the United States, or one of its offcers or agents, I have also Unless the subpoena was issued on behalf of tendered to the witness fees for one day's attendance, and the mileage allowed by law, in the amount of
$

My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of

perjury that this information is true.

Date:
Server's signature

Printed name and tite

Server's address

Additional information regarding attempted service, etc:

Case3:09-cv-02292-VRW Document472-2

Filed01/15/10 Page29 of 32
Premises (Page 3)

AO 88B (Rev. 01/09) Subpoena to Produce Documents, Information, or Objects or to Permit Inspection of

Federal Rule of Civil Procedure 45 (c ), (d), and ( e) (Effective 12/1107)
(c) Protecting a Person Subject to a Subpoena. (l)Avoiding Undue Burden or Expense; Sanctions. A party or
attorney responsible for issuing and serving a subpoena must take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena. The issuing court must enforce this duty and impose an appropriate sanction - which may include lost
earnings and reasonable attorney's fees - on a party or attorney

(d) Duties in Responding to a Subpoena.
(1) Producing Documents or Electronically Stored Information. These procedures apply to producing documents or electronically stored information: (A) Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the ordinary
course of business or must organize and label them to correspond to

who fails to comply.

(2) Command to Produce Materials or Permit Inspection. (A) Appearance Not Required. A person commanded to produce documents, electronically stored information, or tangible things, or premises, need not appear in person at the to permit the inspection of place of production or inspection unless also commanded to appear
for a deposition, hearing, or triaL.

the categories in the demand. (B) Formfar Producing Electronically Stored Information Not Specifed. If a subpoena does not specifY a form for producing electronically stored information, the person responding must produce it in a form or forms in which it is ordinarily maintained or
in a reasonably usable form or forms.

(B) Objections. A person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to
inspecting, copying, testing or sampling any or all of

the materials or

to inspecting the premises - or to producing electronically stored

information in the form or forms requested. The objection must be the time specified for compliance or 14 served before the earlier of days after the subpoena is served. If an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the issuing court for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's offcer from significant expense resulting from compliance. (3) Quashing or Modifying a Subpoena. (A) When Required. On timely motion, the issuing court must quash or modifY a subpoena that: (i) fails to allow a reasonable time to comply;
(ii) requires a person who is neither a part nor a part's offcer

to travel more than 100 miles from where that person resides, is
employed, or regularly transacts business in person - except that,

subject to Rule 45(c)(3)(B)(iii), the person may be commanded to attend a trial by traveling from any such place within the state where the trial is held;
(ii) requires disclosure of privileged or other protected matter, if

(C) Electronically Stored Ir¡armatian Produced in Only One Form. The person responding need not produce the same electronically stored information in more than one form. (D) Inaccessible Electronically Stored Information. The person responding need not provide discovery of electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost. On motion to compel discovery or for a protective order, the person responding must show undue that the information is not reasonably accessible because of that showing is made, the court may nonetheless burden or cost. If the requesting party shows order discovery from such sources if Rule 2