Perry et al v. Schwarzenegger et al

Filing 673

Administrative Motion to File Under Seal 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 Attachment 1 -- List of Exhibits, #2 Attachment 2 -- Unrestricted Documents, #3 Attachment 3 -- Redacted Documents, #4 Attachmnet 4 -- Amended Motion to Supplement the Record, #5 Declaration, #6 Proposed Order)(Cooper, Charles) (Filed on 6/2/2010)

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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
DECLARATION OF PETER A. PATTERSON IN SUPPORT OF DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR A SEALING ORDER CASE NO. 09-CV-2292 VRW

DECLARATION OF PETER A. PATTERSON IN SUPPOPRT OF DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH, GAIL J. KNIGHT, MARTIN F. GUTIERREZ, MARK A. JANSSON, AND PROTECTMARRIAGE.COM'S ADMINISTRATIVE MOTION FOR A SEALING ORDER

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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, 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

DECLARATION OF PETER A. PATTERSON IN SUPPORT OF DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR A SEALING ORDER CASE NO. 09-CV-2292 VRW

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I, Peter A. Patterson, declare as follows: 1. I am an attorney licensed to practice law in the State of Ohio and am admitted pro hac vice in this case. I am an associate at the law firm of Cooper & Kirk, PLLC, counsel of record for Defendant-Intervenors Dennis Hollingsworth, Gail Knight, Martin Gutierrez, Mark Jansson, and ProtectMarriage.com ("Proponents"). I make this declaration in support of Defendant-Intervenors' Administrative Motion for a Sealing Order. 2. On May 5, 2010, Proponents lodged under seal exhibits consisting of documents that No on Proposition 8, Campaign for Marriage Equality: A Project of the American Civil Liberties Union of Northern California ("ACLU") and Equality California had designated "Confidential" or "Highly Confidential ­ Attorneys' Eyes Only" under the terms of the protective order governing this case. 3. We have now reached agreements with the ACLU and Equality California that the exhibits we continue to offer may be placed on the public record in some form. The exhibits fall into two categories: those that may be placed on the public record without restriction (including seven whose substitutes may be placed on the public record without restriction) and those that may be placed on the public record in redacted form. 4. Attachment 2 to Proponents' motion lists the exhibits that the ACLU and Equality California agree may be placed on the public record without restriction. Included in this category are substitute exhibits to replace the exhibits we have lodged as DIX3123, DIX3136, DIX3162, DIX3163, DIX3167, DIX3168, and DIX3185. The substitute exhibits are substantively equivalent to the exhibits they replace, and consist of documents that Equality California previously produced to us without confidentiality designations. We are lodging with the Court copies of all exhibits in this category. 5. Attachment 3 to Proponents' motion lists exhibits that the ACLU and Equality California agree may be placed on the public record in redacted form. We are lodging with the Court sealed copies of those exhibits with the agreed-upon redactions highlighted as well as redacted versions of the exhibits that may be filed in the public record.

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DECLARATION OF PETER A. PATTERSON IN SUPPORT OF DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR A SEALING ORDER CASE NO. 09-CV-2292 VRW

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6. Also attached to our motion is an amended motion to supplement the evidentiary record that may be placed on the public record without restriction. For the convenience of the Court and the parties, we are including with our sealed submission a document tracking the changes we have made in our amended motion. We have lodged this document under seal because it contains information that remains subject to confidentiality designations. 7. We are serving copies of the materials we are lodging with the Court on Plaintiffs and Plaintiff-Intervenor. We will provide a copy of the sealed submission to any other party that represents that it desires a copy and that it will adhere to the provisions of the protective order governing this case, see Doc # 425, and we will provide a copies of public documents to any other party that represents that it desires them. 8. A stipulation could not be obtained because Civil Local Rule 79-5(a) prohibits the sealing of documents or information by agreement of the parties, and therefore the parties are unable to enter into such a stipulation.

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DECLARATION OF PETER A. PATTERSON IN SUPPORT OF DEFENDANT-INTERVENORS' ADMINISTRATIVE MOTION FOR A SEALING ORDER CASE NO. 09-CV-2292 VRW

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that these facts are true I declare, under penalty of perjury under the laws of the United States, at Cincinnati' Ohio' and that this Declaration is executed this 2nd day of June,2010,

Dated: June2,2010
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perrnnsoN IN SUPPoRT oF DEFENDANT-INTERVENoRS' DECLARATIoN oF ADMINISTRATIVE MOTION FOR A SEALING ORDER
CASENO. O9-CV-2292 VRW

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