Evenflow, Inc. v. Domains by Proxy, Inc.

Filing 333

Evenflow, Inc. v. Domains by Proxy, Inc.

Doc. 333

Exhibit A

Dockets.Justia.com

Cooper & Kirk
Lawyers Nicole J. Moss
[e-mail]

1523 New Hampshire Ave., N.W. Washington, D.C. 20036 November 9, 2009

A Professional Limited Liability Company

[phone] Fax [phone]

By Electronic Mail Ethan Dettmer Gibson, Dunn & Crutcher LLP 555 Mission Street, Suite 3000 San Francisco, CA 94105-2933 Re: Perry v. Schwarzenegger, et al., U.S.D.C., N.D. Cal., C-09-2292 VRW Dear Ethan: I am writing in response to the letter you filed with the Court on Friday in which you attached a letter from ProtectMarriage.com in which Edward Dolejsi was revealed as being a member of the ProtectMarriage.com Executive Committee. Neither I nor my colleagues at Cooper & Kirk were aware of this letter or the fact that Mr. Dolejesi's participation on the ad hoc Executive Committee of ProtectMarriage.com had been publicly disclosed. Likewise, Mr. Pugno did not recall the fact that Mr. Dolejsi's role as a member of the ad hoc Executive Committee had been publicly disclosed in this letter. Given that this case is proceeding on an expedited schedule, coupled with the fact that documents are not centrally located but rather spread out across multiple custodians located across the State of California, I am sure you can appreciate this oversight. If you had brought to our attention that Mr. Dolejesi's involvement in ProtectMarriage had been publicly disclosed, we of course would not have asserted any objection to revealing his identity, and we withdraw that objection herewith. We, however, stand by our other First Amendment objections, including but not limited to, (1) our objection to revealing the name of the other Executive Committee member whose identity we continue to believe remains anonymous, and (2) revealing the nonpublic communications of persons involved with the Prop. 8 campaign, whether or not they have previously been publicly identified with ProtectMarriage. If you have any information regarding the prior public disclosure of any person whose identity we have objected to revealing, please let us know and we will reconsider our objections accordingly. Sincerely,

Nicole J. Moss

Cc: Charles J. Cooper, Esq. David Thompson, Esq. Andrew Pugno, Esq.