Professional Documents
Culture Documents
2 1. I am an attorney licensed to practice law in the State of California and in the United States
3 District Court for the Northern District of California. I am an associate at the law firm of Gibson,
4 Dunn & Crutcher LLP, counsel of record for Plaintiffs Kristin M. Perry, Sandra B. Stier, Paul T.
5 Katami, and Jeffrey J. Zarrillo (“Plaintiffs”). I make this declaration in support of Plaintiffs’ and
6 Plaintiff-Intervenor’s motion to enlarge time. I have personal knowledge of the facts set forth herein,
8 2. This Court entered its findings of fact and conclusions of law on August 4, Doc #708, and
9 entered a permanent injunction on August 12, Doc #728. Since that time, the parties have been
10 expeditiously briefing Defendant-Intervenors’ motion to stay this Court’s decision pending appeal.
11 3. Federal Rule of Civil Procedure 54(d)(2)(B)(i) provides prevailing parties with 14 days
12 after the entry of judgment in which to file a motion for attorney’s fees and related expenses. In a
13 case such as this one, however, where the parties expended significant resources on pre-trial motions,
14 discovery, a three-week trial, and post-trial briefing and argument, the preparation of a motion for
15 attorney’s fees and related expenses—and any opposition thereto—is likely to be unusually time-
16 consuming.
17 4. On August 16, 2010, the United States Court of Appeals for the Ninth Circuit ordered that
18 Proponents’ appeal from this Court’s decision be expedited pursuant to Federal Rule of Appellate
19 Procedure 2 and entered the following briefing schedule: the opening brief is due September 17,
20 2010; the answering brief is due October 18, 2010; and the reply brief is due November 1, 2010.
21 Under the current schedule, any motion for attorney’s fees and related expenses must be prepared and
22 submitted at the same time that the expedited appeal on the merits is proceeding.
23 5. Enlarging the time to file a motion for attorney’s fees and related expenses would enable
24 the parties to commit their full litigation resources to the appeal at this time and would allow any
25 motion for fees and related expenses to proceed only at such time as the prevailing party has been
26 finally determined. In short, enlarging the time to file a motion for attorney’s fees and related
27 expenses will not prejudice any party and will indeed avoid unnecessary burden to the parties and the
28 Court while the parties address the appeal on the merits and promote judicial economy.
2 enlarge time. Defendants Arnold Schwarzenegger, Edmund G. Brown, Jr., Mark B. Horton, Linette
3 Scott, Patrick O’Connell, and Dean C. Logan have all agreed to enlarging the time. Counsel for Hak-
4 Shing William Tam did not respond to Plaintiffs’ counsel’s inquiry. Only Defendant-Intervenors
5 Proposition 8 Official Proponents Dennis Hollingsworth, Gail J. Knight, Martin F. Gutierrez, and
8 7. Attached hereto as Exhibit A is a true and correct copy of an e-mail from Andrew W.
9 Stroud, counsel for Defendants Governor Arnold Schwarzenegger, Mark B. Horton, and Linette
10 Scott, agreeing to a proposed stipulation extending the time to file a motion for attorney’s fees and
11 related expenses.
12 8. Attached hereto as Exhibit B is a true and correct copy of an e-mail from Tamar Pachter,
13 counsel for Defendant Attorney General Edmund G. Brown, Jr., agreeing to a proposed stipulation
14 extending the time to file a motion for attorney’s fees and related expenses.
15 9. Attached hereto as Exhibit C is a true and correct copy of an e-mail from Claude Kolm,
16 counsel for Defendant Patrick O’Connell, agreeing to a proposed stipulation extending the time to file
18 10. Attached hereto as Exhibit D is a true and correct copy of an e-mail from Judy Whitehurst,
19 counsel for Defendant Dean C. Logan, agreeing to a proposed stipulation extending the time to file a
21 11. Attached hereto as Exhibit E is a true and correct copy of an e-mail from David
22 Thompson, counsel for Defendant-Intervenors, advising that “The proponents do not agree to the
23 stipulation outlined below, nor do we agree to an extension of time for the filing of a motion for
24 attorneys’ fees.”
25 12. I am aware of four previous time modifications in this case, two by Court order, see
26 Doc #170, Doc #710, and two by stipulation, see Doc #266, Doc #615.
27 13. The requested time modification would not affect the schedule of this case.
28 ///
1 I declare, under penalty of perjury under the laws of the United States, that these facts are true
2 and correct and that this Declaration is executed this 17th day of August 2010 at San Francisco,
3 California.
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Exhibit A
Case3:09-cv-02292-VRW Document730-1 Filed08/17/10 Page2 of 3
Monagas, Enrique A.
From: Andy Stroud [stroud@mgslaw.com]
Sent: Monday, August 16, 2010 3:21 PM
To: Monagas, Enrique A.
Cc: Landon Bailey; Bernstein, Erin; Bettan, Richard; Boutrous Jr., Theodore J.; Burns, Gordon;
Campbell, J; Chhabria,Vince; Chou, Danny; Cooper, Chuck; Daly, Catheryn; Dettmer, Ethan
D.; Dusseault, Christopher D.; Flynn, Ronald; Goldman, Jeremy; Kelcie Gosling; Janky, Mary;
Justice Lazarus, Rebecca; Kapur, Theane Evangelis; Angela Knight; Kolm, Claude; Lee,
Mollie; Malzahn, Scott; Martinez, Judith; Martinez, Manuel; McGill, Matthew D.; Ken
Mennemeier; Monagas, Enrique A.; Moss,Nicole; Nielson, Howard; Olson, Theodore B.;
Pachter, Tamar; Panuccio, Jessie; Patterson, Pete; Piepmeier, Sarah E.; Raum, Brian;
Richardson,Beko; Schiller, Josh; Stewart, Therese; Tayrani, Amir C.; Thompson, David; Uno,
Theodore; Van Aken, Christine; Washington, Brian; Whitehurst, Judy; Gold, Russell; Terry L.
Thompson; Daniel Powell
Subject: Re: Perry v. Schwarzenegger: Stipulation
Andy Stroud
On Aug 16, 2010, at 5:59 PM, "Monagas, Enrique A." <EMonagas@gibsondunn.com> wrote:
Counsel,
As the prevailing party, Plaintiffs are entitled to seek attorney's fees and related expenses.
Federal Rule of Civil Procedure 54(d)(2)(B)(i) provides that unless a court order provides
otherwise, a motion for attorney’s fees and related expenses must be "filed no later than 14 days
after the entry of judgment." In light of Defendant-Intervenors' notice of appeal and related
motion practice, Plaintiffs would like to enter into a stipulation with all parties extending the
time by which a motion for attorney’s fees must be filed to 30 days after all appeals become
final.
Additionally, if the Court is reluctant to enter our stipulation, in the alternative we would like to
stipulate to an extended briefing schedule: movant's motion would be due 45 days after the court
rules on the fees/costs briefing issue; those seeking to oppose the motion for attorney’s fees and
costs would have 45 days after the motion is filed to do so; and movant would then have 30 days
to reply to the opposition.
Given the 14-day filing deadline imposed by FRCP 54, we would like to get a stipulation on file
tomorrow. Please confirm either today or tomorrow morning whether or not you would agree to
a stipulation. If the parties agree, Plaintiffs will circulate a proposed stipulation and order.
1
Case3:09-cv-02292-VRW Document730-1 Filed08/17/10 Page3 of 3
Please be advised that in the event we cannot reach an agreement among the parties, Plaintiffs
may seek to extend time by motion practice. Thank you.
Enrique A. Monagas
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
555 Mission Street, San Francisco, CA 94105-2933
Tel +1 415.393.8353 • Fax +1 415.374.8403
EMonagas@gibsondunn.com • www.gibsondunn.com
=============================================================================
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2
Case3:09-cv-02292-VRW Document730-2 Filed08/17/10 Page1 of 3
Exhibit B
Case3:09-cv-02292-VRW Document730-2 Filed08/17/10 Page2 of 3
Monagas, Enrique A.
From: Tamar Pachter [Tamar.Pachter@doj.ca.gov]
Sent: Monday, August 16, 2010 3:51 PM
To: Brian Washington; Claude Kolm; Judith Martinez; Manuel Martinez; Beko Richardson;
Jeremy Goldman; Josh Schiller; Richard Bettan; Theodore Uno; Chuck Cooper; David
Thompson; Howard Nielson; Jessie Panuccio; Nicole Moss; Pete Patterson; Judy Whitehurst;
Daniel Powell; Gordon Burns; Terry L. Thompson; Tayrani, Amir C.; Dusseault, Christopher
D.; Dettmer, Ethan D.; Monagas, Enrique A.; Janky, Mary; McGill, Matthew D.; Gold, Russell;
Justice Lazarus, Rebecca; Malzahn, Scott; Piepmeier, Sarah E.; Boutrous Jr., Theodore J.;
Kapur, Theane Evangelis; Olson, Theodore B.; A Knight; Kelcie M. Gosling; Kenneth C.
Mennemeier; Landon Bailey; Andy Stroud; Catheryn Daly; Christine Van Aken; Danny Chou;
Erin Bernstein; Mollie Lee; Ronald Flynn; Therese Stewart; Vince Chhabria; Brian Raum; J
Campbell
Subject: Re: Perry v. Schwarzenegger: Stipulation
Enrique:
Best,
Tamar
Tamar Pachter
Deputy Attorney General
Government Law Section
California Department of Justice
455 Golden Gate Avenue, Suite 11000
San Francisco, CA 94102-7004
Direct Dial: 415.703.5970
Enrique A. Monagas
GIBSON DUNN
1
Case3:09-cv-02292-VRW Document730-2 Filed08/17/10 Page3 of 3
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2
Case3:09-cv-02292-VRW Document730-3 Filed08/17/10 Page1 of 3
Exhibit C
Case3:09-cv-02292-VRW Document730-3 Filed08/17/10 Page2 of 3
Monagas, Enrique A.
From: Kolm, Claude, County Counsel [claude.kolm@acgov.org]
Sent: Monday, August 16, 2010 4:50 PM
To: Monagas, Enrique A.; Bailey, Landon; Bernstein, Erin; Bettan, Richard; Boutrous Jr.,
Theodore J.; Burns, Gordon; Campbell, J; Chhabria, Vince; Chou, Danny; Cooper, Chuck;
Daly, Catheryn; Dettmer, Ethan D.; Dusseault, Christopher D.; Flynn, Ronald; Goldman,
Jeremy; Gosling, Kelcie M.; Janky, Mary; Justice Lazarus, Rebecca; Kapur, Theane
Evangelis; Knight, A; Lee, Mollie; Malzahn, Scott; Martinez, Judith, County Counsel; Martinez,
Manuel F., County Counsel; McGill, Matthew D.; Mennemeier, Kenneth C.; Moss, Nicole;
Nielson, Howard; Olson, Theodore B.; Pachter, Tamar; Panuccio, Jessie; Patterson, Pete;
Piepmeier, Sarah E.; Raum, Brian; Richardson, Beko; Schiller, Josh; Stewart, Therese;
Stroud, Andy; Tayrani, Amir C.; Thompson, David; Uno, Theodore; Van Aken, Christine;
Washington, Brian, County Counsel; Whitehurst, Judy; Gold, Russell; Terry L. Thompson;
Daniel Powell
Subject: RE: Perry v. Schwarzenegger: Stipulation
The Alameda Clerk‐Recorder is willing to stipulate.
NOTICE: If you are not the intended recipient of this e-mail, you are prohibited from sharing, copying, or other otherwise using or disclosing its contents. This e-
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From: Monagas, Enrique A. [mailto:EMonagas@gibsondunn.com]
Sent: Monday, August 16, 2010 3:00 PM
To: Bailey, Landon; Bernstein, Erin; Bettan, Richard; Boutrous Jr., Theodore J.; Burns, Gordon; Campbell, J; Chhabria,
Vince; Chou, Danny; Cooper, Chuck; Daly, Catheryn; Dettmer, Ethan D.; Dusseault, Christopher D.; Flynn, Ronald;
Goldman, Jeremy; Gosling, Kelcie M.; Janky, Mary; Justice Lazarus, Rebecca; Kapur, Theane Evangelis; Knight, A; Kolm,
Claude, County Counsel; Lee, Mollie; Malzahn, Scott; Martinez, Judith, County Counsel; Martinez, Manuel F., County
Counsel; McGill, Matthew D.; Mennemeier, Kenneth C.; Monagas, Enrique A.; Moss, Nicole; Nielson, Howard; Olson,
Theodore B.; Pachter, Tamar; Panuccio, Jessie; Patterson, Pete; Piepmeier, Sarah E.; Raum, Brian; Richardson, Beko;
Schiller, Josh; Stewart, Therese; Stroud, Andy; Tayrani, Amir C.; Thompson, David; Uno, Theodore; Van Aken, Christine;
Washington, Brian, County Counsel; Whitehurst, Judy; Gold, Russell; Terry L. Thompson; Daniel Powell
Subject: Perry v. Schwarzenegger: Stipulation
Counsel,
As the prevailing party, Plaintiffs are entitled to seek attorney's fees and related expenses. Federal Rule of Civil
Procedure 54(d)(2)(B)(i) provides that unless a court order provides otherwise, a motion for attorney’s fees and related
expenses must be "filed no later than 14 days after the entry of judgment." In light of Defendant‐Intervenors' notice of
appeal and related motion practice, Plaintiffs would like to enter into a stipulation with all parties extending the time by
which a motion for attorney’s fees must be filed to 30 days after all appeals become final.
Additionally, if the Court is reluctant to enter our stipulation, in the alternative we would like to stipulate to an extended
briefing schedule: movant's motion would be due 45 days after the court rules on the fees/costs briefing issue; those
seeking to oppose the motion for attorney’s fees and costs would have 45 days after the motion is filed to do so; and
movant would then have 30 days to reply to the opposition.
1
Case3:09-cv-02292-VRW Document730-3 Filed08/17/10 Page3 of 3
Given the 14‐day filing deadline imposed by FRCP 54, we would like to get a stipulation on file tomorrow. Please
confirm either today or tomorrow morning whether or not you would agree to a stipulation. If the parties agree,
Plaintiffs will circulate a proposed stipulation and order. Please be advised that in the event we cannot reach an
agreement among the parties, Plaintiffs may seek to extend time by motion practice. Thank you.
Enrique A. Monagas
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
555 Mission Street, San Francisco, CA 94105-2933
Tel +1 415.393.8353 • Fax +1 415.374.8403
EMonagas@gibsondunn.com • www.gibsondunn.com
==============================================================================
This message may contain confidential and privileged information. If it has
been sent to you in error, please reply to advise the sender of the error and
then immediately delete this message.
==============================================================================
2
Case3:09-cv-02292-VRW Document730-4 Filed08/17/10 Page1 of 3
Exhibit D
Case3:09-cv-02292-VRW Document730-4 Filed08/17/10 Page2 of 3
Monagas, Enrique A.
From: Whitehurst, Judy [Jwhitehurst@counsel.lacounty.gov]
Sent: Monday, August 16, 2010 3:03 PM
To: Monagas, Enrique A.; Bailey, Landon; Bernstein, Erin; Bettan, Richard; Boutrous Jr.,
Theodore J.; Burns, Gordon; Campbell, J; Chhabria, Vince; Chou, Danny; Cooper, Chuck;
Daly, Catheryn; Dettmer, Ethan D.; Dusseault, Christopher D.; Flynn, Ronald; Goldman,
Jeremy; Gosling, Kelcie M.; Janky, Mary; Justice Lazarus, Rebecca; Kapur, Theane
Evangelis; Knight, A; Kolm, Claude; Lee, Mollie; Malzahn, Scott; Martinez, Judith; Martinez,
Manuel; McGill, Matthew D.; Mennemeier, Kenneth C.; Moss, Nicole; Nielson, Howard;
Olson, Theodore B.; Pachter, Tamar; Panuccio, Jessie; Patterson, Pete; Piepmeier, Sarah E.;
Raum, Brian; Richardson, Beko; Schiller, Josh; Stewart, Therese; Stroud, Andy; Tayrani,
Amir C.; Thompson, David; Uno, Theodore; Van Aken, Christine; Washington, Brian; Gold,
Russell; Terry L. Thompson; Daniel Powell
Subject: RE: Perry v. Schwarzenegger: Stipulation
Judy Whitehurst
Principal Deputy County Counsel
Office of the Los Angeles County Counsel
500 West Temple Street, Rm. 652
Los Angeles, CA 90012
ph. 213-974-1845
fax 213-617-7182
CONFIDENTIALITY NOTICE: This email message, including any attachments, from the Office of the County Counsel is intended for the official and confidential
use of the recipients to whom it is addressed. It contains information that may be confidential, privileged, attorney work product, or otherwise exempted from
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of this message or its contents is strictly prohibited. Please notify us immediately by reply email that you have received this message in error, and destroy this
message, including any attachments.
Counsel,
As the prevailing party, Plaintiffs are entitled to seek attorney's fees and related expenses. Federal Rule of Civil
Procedure 54(d)(2)(B)(i) provides that unless a court order provides otherwise, a motion for attorney’s fees and related
expenses must be "filed no later than 14 days after the entry of judgment." In light of Defendant‐Intervenors' notice of
appeal and related motion practice, Plaintiffs would like to enter into a stipulation with all parties extending the time by
which a motion for attorney’s fees must be filed to 30 days after all appeals become final.
Additionally, if the Court is reluctant to enter our stipulation, in the alternative we would like to stipulate to an extended
briefing schedule: movant's motion would be due 45 days after the court rules on the fees/costs briefing issue; those
1
Case3:09-cv-02292-VRW Document730-4 Filed08/17/10 Page3 of 3
seeking to oppose the motion for attorney’s fees and costs would have 45 days after the motion is filed to do so; and
movant would then have 30 days to reply to the opposition.
Given the 14‐day filing deadline imposed by FRCP 54, we would like to get a stipulation on file tomorrow. Please
confirm either today or tomorrow morning whether or not you would agree to a stipulation. If the parties agree,
Plaintiffs will circulate a proposed stipulation and order. Please be advised that in the event we cannot reach an
agreement among the parties, Plaintiffs may seek to extend time by motion practice. Thank you.
Enrique A. Monagas
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
555 Mission Street, San Francisco, CA 94105-2933
Tel +1 415.393.8353 • Fax +1 415.374.8403
EMonagas@gibsondunn.com • www.gibsondunn.com
==============================================================================
This message may contain confidential and privileged information. If it has
been sent to you in error, please reply to advise the sender of the error and
then immediately delete this message.
==============================================================================
2
Case3:09-cv-02292-VRW Document730-5 Filed08/17/10 Page1 of 3
Exhibit E
Case3:09-cv-02292-VRW Document730-5 Filed08/17/10 Page2 of 3
Monagas, Enrique A.
From: David Thompson [dthompson@cooperkirk.com]
Sent: Tuesday, August 17, 2010 7:43 AM
To: Monagas, Enrique A.; Bailey, Landon; Bernstein, Erin; Bettan, Richard; Boutrous Jr.,
Theodore J.; Burns, Gordon; Campbell, J; Chhabria, Vince; Chou, Danny; Chuck Cooper;
Daly, Catheryn; Dettmer, Ethan D.; Dusseault, Christopher D.; Flynn, Ronald; Goldman,
Jeremy; Gosling, Kelcie M.; Janky, Mary; Justice Lazarus, Rebecca; Kapur, Theane
Evangelis; Knight, A; Kolm, Claude; Lee, Mollie; Malzahn, Scott; Martinez, Judith; Martinez,
Manuel; McGill, Matthew D.; Mennemeier, Kenneth C.; Nicole Moss; Howard Nielson; Olson,
Theodore B.; Pachter, Tamar; Jesse Panuccio; Pete Patterson; Piepmeier, Sarah E.; Raum,
Brian; Richardson, Beko; Schiller, Josh; Stewart, Therese; Stroud, Andy; Tayrani, Amir C.;
Uno, Theodore; Van Aken, Christine; Washington, Brian; Whitehurst, Judy; Gold, Russell;
Terry L. Thompson; Daniel Powell
Subject: RE: Perry v. Schwarzenegger: Stipulation
The proponents do not agree to the stipulation outlined below, nor do we agree to an
extension of time for the filing of a motion for attorneys' fees.
David Thompson
From: Monagas, Enrique A. [EMonagas@gibsondunn.com]
Sent: Monday, August 16, 2010 5:59 PM
To: Bailey, Landon; Bernstein, Erin; Bettan, Richard; Boutrous Jr., Theodore J.; Burns, Gordon; Campbell, J; Chhabria,
Vince; Chou, Danny; Chuck Cooper; Daly, Catheryn; Dettmer, Ethan D.; Dusseault, Christopher D.; Flynn, Ronald;
Goldman, Jeremy; Gosling, Kelcie M.; Janky, Mary; Justice Lazarus, Rebecca; Kapur, Theane Evangelis; Knight, A; Kolm,
Claude; Lee, Mollie; Malzahn, Scott; Martinez, Judith; Martinez, Manuel; McGill, Matthew D.; Mennemeier, Kenneth C.;
Monagas, Enrique A.; Nicole Moss; Howard Nielson; Olson, Theodore B.; Pachter, Tamar; Jesse Panuccio; Pete Patterson;
Piepmeier, Sarah E.; Raum, Brian; Richardson, Beko; Schiller, Josh; Stewart, Therese; Stroud, Andy; Tayrani, Amir C.;
David Thompson; Uno, Theodore; Van Aken, Christine; Washington, Brian; Whitehurst, Judy; Gold, Russell; Terry L.
Thompson; Daniel Powell
Subject: Perry v. Schwarzenegger: Stipulation
Counsel,
As the prevailing party, Plaintiffs are entitled to seek attorney's fees and related expenses. Federal Rule of Civil
Procedure 54(d)(2)(B)(i) provides that unless a court order provides otherwise, a motion for attorney’s fees and related
expenses must be "filed no later than 14 days after the entry of judgment." In light of Defendant‐Intervenors' notice of
appeal and related motion practice, Plaintiffs would like to enter into a stipulation with all parties extending the time by
which a motion for attorney’s fees must be filed to 30 days after all appeals become final.
Additionally, if the Court is reluctant to enter our stipulation, in the alternative we would like to stipulate to an extended
briefing schedule: movant's motion would be due 45 days after the court rules on the fees/costs briefing issue; those
seeking to oppose the motion for attorney’s fees and costs would have 45 days after the motion is filed to do so; and
movant would then have 30 days to reply to the opposition.
Given the 14‐day filing deadline imposed by FRCP 54, we would like to get a stipulation on file tomorrow. Please
confirm either today or tomorrow morning whether or not you would agree to a stipulation. If the parties agree,
Plaintiffs will circulate a proposed stipulation and order. Please be advised that in the event we cannot reach an
agreement among the parties, Plaintiffs may seek to extend time by motion practice. Thank you.
Enrique A. Monagas
1
Case3:09-cv-02292-VRW Document730-5 Filed08/17/10 Page3 of 3
GIBSON DUNN
Gibson, Dunn & Crutcher LLP
555 Mission Street, San Francisco, CA 94105-2933
Tel +1 415.393.8353 • Fax +1 415.374.8403
EMonagas@gibsondunn.com • www.gibsondunn.com
==============================================================================
This message may contain confidential and privileged information. If it has
been sent to you in error, please reply to advise the sender of the error and
then immediately delete this message.
==============================================================================