Perry et al v. Schwarzenegger et al

Filing 767

ORDER of USCA (far, COURT STAFF) (Filed on 4/6/2011)

Case: 10-16696 03/23/2011 Page: 1 of 2

ID: 7691622 DktEntry: 329

FILED
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

KRISTIN M. PERRY; SANDRA B.
STIER; PAUL T. KATAMI; JEFFREY J.
ZARRILLO,
Plaintiffs - Appellees,
CITY AND COUNTY OF SAN
FRANCISCO,
Intervenor-Plaintiff Appellee,
v.
EDMUND G. BROWN, Jr., in his official
capacity as Governor of California;
KAMALA D. HARRIS, in her official
capacity as Attorney General of California;
MARK B. HORTON, in his official
capacity as Director of the California
Department of Public Health & 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; DEAN C.
LOGAN, in his official capacity as
Registrar-Recorder/County Clerk for the
County of Los Angeles,
Defendants,

MAR 23 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

No. 10-16696
D.C. No. 3:09-cv-02292-VRW
Northern District of California,
San Francisco

ORDER

Case: 10-16696 03/23/2011 Page: 2 of 2

ID: 7691622 DktEntry: 329

and
DENNIS HOLLINGSWORTH; GAIL J.
KNIGHT; MARTIN F. GUTIERREZ;
HAK-SHING WILLIAM TAM; MARK
A. JANSSON;
PROTECTMARRIAGE.COM - YES ON
8, A PROJECT OF CALIFORNIA
RENEWAL, as official proponents of
Proposition 8,
Intervenor-Defendants Appellants.

Before: REINHARDT, HAWKINS, and N.R. SMITH, Circuit Judges.
Having considered all of the factors set forth in Nken v. Holder, 129 S. Ct.
1749, 1756 (2009), and all of the facts and circumstances surrounding Plaintiffs’
motion to vacate the stay pending appeal, as well as the standard for vacatur set
forth in Southeast Alaska Conservation Council v. U.S. Army Corps of Engineers,
472 F.3d 1097, 1101 (9th Cir. 2006), we deny Plaintiffs’ motion at this time.