NEWDOW et al v. ROBERTS et al

Filing 30

MOTION for Protective Order to Put Individual Addresses and Pseudonyms Under Seal by ROBERT SHERMAN, MARGARET DOWNEY, AUGUST BERKSHIRE, MARIE CASTLE, STUART BECHMAN, MICHAEL NEWDOW, HERB SILVERMAN, JASON TORPY, HARRY GREENBERGER, KIRK HORNBECK, JIM CORBETT, CATHERINE LAMM, RICHARD WINGROVE, CHRISTOPHER ARNTZEN, JOHN STOLTENBERG, KATHERINE LACLAIR, ELLERY SCHEMPP, LOUIS ALTMAN, PAUL CASE, JERRY SCHIFFELBEIN, ANNE PHILIP, JAY RICHARDSON, DAN DUGAN, ANNA MAE ANDREWS, ELIZA SUTTON, RICHARD RESSMAN, AMERICAN HUMANIST ASSOCIATION, MEL LIPMAN, FREEDOM FROM RELIGION FOUNDATION, MILITARY ASSOICAITON OF ATHEISTS & FREETHINKERS, MINESOTA ATHEISTS, ATHEISTS FOR HUMAN RIGHTS, ATHEIST ALLIANCE INTERNATIONAL, ATHEISTS UNITED, NEW ORLEANS SECULAR HUMANIST ASSN, UNIVERSITY OF WASHINGTON SECULAR STUDENT UNION, SEATTLE ATHEISTS, ATHEISTS OF FLORIDA, DAN BARKER, ANNIE-LAURIE GAYLOR (Attachments: # 1 Appendix Memoradum, # 2 Appendix Proposed Protective Order, # 3 Appendix Declaration of Michael Newdow and Redacted Declarations)(Ritter, Robert)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA

MICHAEL NEWDOW, et al., Plaintiffs, v. HON. JOHN ROBERTS, JR., et al., Defendants. Civil Action No. 1:08-cv-02248-RBW

PLAINTIFFS' MOTION FOR PROTECTIVE ORDER ALLOWING PSEUDONYMS, DECLARATIONS AND ADDRESSES TO BE FILED UNDER SEAL

MICHAEL NEWDOW In pro per and pro hac vice PO BOX 233345 SACRAMENTO, CA 95823 [phone] [e-mail]

ROBERT V. RITTER DC BAR #414030 AHA ­ 1777 T STREET, NW WASHINGTON, DC 20009 [phone] [e-mail]

Plaintiffs respectfully move for permission to use pseudonyms and to submit the Declarations of the key child plaintiff in this action (henceforth "DoeChild") and of that child's parent (henceforth "DoeParent") under seal. Additionally, permission is sought to submit the private residence addresses of all parties under seal. Submitted herewith in support of this Motion are a proposed Order and a Memorandum in support of this Motion. Pursuant to LCvR 7(k) and (m): (a) Consultation was obtained with Brad Rosenberg, opposing counsel for Defendants Hon. John Roberts, Jr., JCCIC, Senator Dianne Feinstein, AFIC, and Major General Richard Rowe. Mr. Rosenberg's address is: Brad Rosenberg USDOJ, Civil Division Federal Programs Branch PO Box 883 Washington, DC 20044 Mr. Rosenberg has informed the Plaintiffs that the Federal Defendants consent to the filing of addresses under seal, but do not consent to any of the other relief requested in the motion and reserve their right to oppose the motion. (b) Consultation was obtained with E. Desmond Hogan, opposing counsel for Defendants PIC and Emmett Beliveau. Mr. Hogan's address is: E. Desmond Hogan Hogan & Hartson, LLP 555 Thirteenth St., NW Washington, DC 20004 Mr. Hogan takes the same position as the Federal Defendants, that is, PIC Defendants consent to the filing of addresses under seal, but do not consent to any of the other relief requested in the motion and reserve their right to oppose the motion. (c) Plaintiff's attorney Ritter spoke by telephone this date with Defendant Rev. Joseph Lowery, who is apparently representing himself. Rev. Lowery's address is provided in the accompanying listing of addressed being provided to the Court under seal. Defendant Rev. Lower does not object to Plaintiffs' motion for a protective order.

(d) Consultation was attempted multiple times with Defendant Rev. Rick Warren, who is apparently representing himself. Rev. Warren's address is provided in the accompanying listing of addressed being provided to the Court under seal. As of this filing, Plaintiffs have been unable to contact Rev. Warren.

Respectfully submitted this 14th day of January, 2009, /s/ - Michael Newdow Michael Newdow In pro per and pro hac vice PO Box 233345 Sacramento, CA 95823 (916) 4 27-6669 [e-mail] /s/ - Robert V. Ritter Robert V. Ritter DC Bar #414030 AHA ­ 1777 T Street, NW Washington, DC 20009 [phone] [e-mail]

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA Civil Action No. 1:08-cv-02248-RBW Newdow v. Roberts CERTIFICATE OF SERVICE I hereby certify that on January 14, 2009, I served copies of: (1) PLAINTIFFS' MOTION FOR PROTECTIVE ORDER ALLOWING PSEUDONYMS, DECLARATIONS AND ADDRESSES TO BE FILED UNDER SEAL; (2) MEMORANDUM IN SUPPORT OF PLAINTIFFS' MOTION FOR PROTECTIVE ORDER ALLOWING PSEUDONYMS, DECLARATIONS AND ADDRESSES TO BE FILED UNDER SEAL (3) PROPOSED ORDER REGARDING PLAINTIFFS' MOTION FOR PROTECTIVE ORDER ALLOWING PSEUDONYMS, DECLARATIONS AND ADDRESSES TO BE FILED UNDER SEAL; and upon the following individuals by placing them in the United States mail. Rev. Richard Warren (Home address under seal) Rev. Joseph Lowery (Home address under seal)

Additionally, these documents were electronically filed with the Clerk of the United States District Court for the District of Columbia by using the CM/ECF system. I am at least 18 years of age and not a party to the cause. Signature: Printed Name: Street Address: City, State & Zip: Phone: /s/ Robert V. Ritter Robert V. Ritter 1777 T Street, N.W. Washington, D.C. 20009 202-238-9088 January 14, 2009