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

AMENDED DECLARATION OF MICHAEL NEWDOW

Pursuant to the Court's ORDER of January 12, 2009, Michael Newdow submits the following Amended Declaration.

I, Michael Newdow, declare as follows: (1) I am one of the individual plaintiffs as well as lead counsel in this case. (2) I am acquainted with DoeChild, who has provided the attached Declaration #1 of DoeChild (hereafter "DC Decl #1"). (3) I am also acquainted with DoeParent, who has provided the attached Declaration #1 of DoeParent (hereafter "DP Decl #1"). (4) DoeChild is the child of DoeParent. DP Decl #1, ¶ 1. (5) DoeParent is a member of AHA and FFRF. DP Decl #1, ¶ 4.

(6) On January 5, 2009, I received an unsolicited email from DoeChild, which read: Hello Mike this is [DoeChild] :) My mother just told me of your participation in Obama's inaugural speech, and I just want to let you know that i would sacrifice both of my legs to attend. Have any ideas? Please email me back at [DoeChild email address]. Thank you, [DoeChild]1 (7) DoeChild has written that she2 believes attending the inauguration "would be the most significant event in my life." DC Decl #1, ¶ 10. (8) I have worked with DoeParent so that DoeChild's desire to attend the inauguration will come to fruition. See also DC Decl #1, ¶ 9; DP Decl #1, ¶¶ 10-11. (9) With DoeParent's permission, I have arranged for DoeChild to fly unaccompanied from California to Washington, DC, on January 19, 2009. See also DP Decl #1, ¶¶ 11 & 13. (10) The airline industry standard is for children as young as eight years old to fly

unaccompanied with airline supervision. Children as young as twelve may travel unaccompanied without airline supervision. Declaration of Marilyn Pessin, ¶ 3. (11) A ticket for DoeChild to attend the actual swearing-in ceremony has been

secured.3 Declaration of Kirk Hornbeck, ¶¶ 2-3. (12) I plan to escort DoeChild to the entrance of the swearing-in ceremony, and ensure

that she is admitted with the ticket that has been secured for her.

1

The email printout is being provided among the sealed documents. I, Michael Newdow, hereby attest that this printout is a true and accurate copy of the email I received on January 5, 2009. 2 The female voice is used in reference to DoeChild throughout this Amended Declaration. 3 Apparently, as of the date of this Amended Declaration, the members of Congress and others who have the tickets have not yet distributed them. Thus, "secured" does not mean actually has in hand as yet.

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

REDACTED (Original filed under seal.)

DECLARATION #1 OF DOECHILD

I,

, declare as follows: (1) I am 15 years old. My birthday is (2) My residence address is with my mother essentially full-time. (3) I have known Michael Newdow for approximately five years. (4) During the last week of December, 2008, I learned that Michael Newdow was challenging the religious aspects of the upcoming presidential inaugural. (5) At about that time, my mother also told me that Michael Newdow had volunteered to work at the inauguration. (6) When I heard this, I thought it was incredible and I wanted to go, too. (7) On my own, I sent an email to Michael Newdow, stating "i would sacrifice both of my legs to attend." . I live

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

REDACTED (Original filed under seal.)

DECLARATION #1 OF DOEPARENT

I,

, declare as follows: (1) I am the mother of (2) My residence address is lives with me essentially full-time. (3) I have full shared legal custody of the planned activities related to this matter. (4) I am a member of AHA and FFRF. (5) I have known Michael Newdow for approximately six years. (6) On or about December 2, 2008, I learned that Michael Newdow was volunteering to work at the Barack Obama inauguration. (7) Later ­ during the last month of December ­ I learned that Michael Newdow was filing a lawsuit challenging the religious aspects of that presidential inaugural. father has no objections to any of , whose birthday is . .