3:09-cv-02292 #475

Case3:09-cv-02292-VRW Document475 Filed01/18/10 Page1 of 3
1 COOPER AND KIRK, PLLC

Charles J. Cooper (DC Bar No. 248070)*
2 ccooper@cooperkirk.com
David H. Thompson (DC Bar No. 450503)*
3 dthompson@cooperkirk.com
Howard C. Nielson, Jr. (DC Bar No. 473018)*
4 hnielson@cooperkirk.com
Nicole J. Moss (DC Bar No. 472424)*
5 nmoss@cooperkirk.com
Peter A. Patterson (Ohio Bar No. 0080840)*
6 ppatterson@cooperkirk.com
1523 New Hampshire Ave. N.W., Washington, D.C. 20036
7 Telephone: (202) 220-9600, Facsimile: (202) 220-9601
8 LAW OFFICES OF ANDREW P. PUGNO

Andrew P. Pugno (CA Bar No. 206587)
9 andrew@pugnolaw.com
101 Parkshore Drive, Suite 100, Folsom, California 95630
11 ALLIANCE DEFENSE FUND

Brian W. Raum (NY Bar No. 2856102)*
12 braum@telladf.org
James A. Campbell (OH Bar No. 0081501)*
13 jcampbell@telladf.org
15100 North 90th Street, Scottsdale, Arizona 85260
15 ATTORNEYS FOR DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH,

GAIL J. KNIGHT, MARTIN F. GUTIERREZ, MARK A. JANSSON,
16 and PROTECTMARRIAGE.COM – YES ON 8, A PROJECT OF CALIFORNIA RENEWAL
17 * Admitted pro hac vice
18 UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
19
KRISTIN M. PERRY, SANDRA B. STIER,
20 PAUL T. KATAMI, and JEFFREY J.
ZARRILLO, CASE NO. 09-CV-2292 VRW
21 Chief Judge Vaughn R. Walker
Magistrate Judge Joseph C. Spero
22 Plaintiffs,
DEFENDANT-INTERVENORS’ DEN-
23 v. NIS HOLLINGSWORTH, GAIL J.
KNIGHT, MARTIN F. GUTIERREZ,
24 ARNOLD SCHWARZENEGGER, in his official MARK A. JANSSON,
capacity as Governor of California; EDMUND AND PROTECTMARRIAGE.COM’S
25 ADMINISTRATIVE MOTION FOR
G. BROWN, JR., in his official capacity as At- SEALING ORDER PURSUANT TO
26 torney General of California; MARK B. HOR- LOCAL RULES 7-11 AND 79-5(C)
TON, in his official capacity as Director of the
27 California Department of Public Health and State
Registrar of Vital Statistics; LINETTE SCOTT,
28
1
DEFENDANT-INTERVENORS’ ADMINISTRATIVE MOTION TO SEAL
PORTIONS OF DECLARATION OF RONALD PRENTICE
CASE NO. 09-CV-2292 VRW
1 in her official capacity as Deputy Director of

Health Information & Strategic Planning for the
2 California Department of Public Health; PAT-
RICK O’CONNELL, in his official capacity as
3
Clerk-Recorder for the County of Alameda; and
4 DEAN C. LOGAN, in his official capacity as
Registrar-Recorder/County Clerk for
5 the County of Los Angeles,
6 Defendants,
7 and
8 PROPOSITION 8 OFFICIAL PROPONENTS
DENNIS HOLLINGSWORTH, GAIL J.
9 KNIGHT, MARTIN F. GUTIERREZ, HAK-
SHING WILLIAM TAM, and MARK A. JANS-
10 SON; and PROTECTMARRIAGE.COM – YES
ON 8, A PROJECT OF CALIFORNIA RE-
11 NEWAL,
12 Defendant-Intervenors.
13
14 Additional Counsel for Defendant-Intervenors

15
ALLIANCE DEFENSE FUND
16 Timothy Chandler (CA Bar No. 234325)
tchandler@telladf.org
17 101 Parkshore Drive, Suite 100, Folsom, California 95630
Telephone: (916) 932-2850, Facsimile: (916) 932-2851
18
Jordan W. Lorence (DC Bar No. 385022)*
19 jlorence@telladf.org
Austin R. Nimocks (TX Bar No. 24002695)*
20 animocks@telladf.org
801 G Street NW, Suite 509, Washington, D.C. 20001
23
24
25
26
27
28
2
1 NOTICE OF MOTION AND MOTION

2 Pursuant to Northern District of California Civil Local Rules 7-11 and 79-5(c), Defendant-
3
Intervenors Dennis Hollingsworth, Gail Knight, Martin Gutierrez, Mark Jansson, and Protectmar-
4
riage.com (“Proponents”) hereby move for an administrative order sealing portions of the Declara-
5
tion of Ronald Prentice (dated January 16, 2010).
6
7 At a hearing before Magistrate Judge Spero on January 6, 2010, the Court ruled that Proponents
8 may submit under seal for in camera review a declaration relating to the “core group” of persons
9 engaged in the formulation of campaign strategy and messages for ProtectMarriage.com. See Hr’g
10 of Jan. 6, 2010, Tr. 108:2-4. Proponents submitted such a declaration and the Court ordered that
11
portions of that declaration sealed. On January 18, 2010, Proponents filed a motion to amend the
12
Court’s order defining the “core group.” In support of that motion, and as soon as the Clerk of the
13
Court is open to receive such a filing, Proponents will submit two copies of the declaration of
14
15 Ronald Prentice (dated January 16, 2010) to the Court in a sealed envelope. See N.D. Cal. L.R. 79-
16 5(c)(3)-(4); Declaration of Jesse Panuccio (Jan. 18, 2010). Proponents also filed on the electronic
17 docket a copy of the declaration that redacts one name and excludes the exhibit to the declaration.
18
See N.D. Cal. L.R. 79-5(c)(5).
19
Proponents respectfully request that the Court enter an order sealing the (i) portion of the decla-
20
ration of Ronald Prentice (dated Jan. 16, 2010) that is redacted and (ii) the exhibit to the declaration.
21
Dated: January 18, 2010
22

ATTORNEYS FOR DEFENDANTS-INTERVENORS
24 DENNIS HOLLINGSWORTH, GAIL J. KNIGHT,
MARTIN F. GUTIERREZ, MARK A. JANSSON, and
25 PROTECTMARRIAGE.COM – YES ON 8, A PROJECT
OF CALIFORNIA RENEWAL
26
By: /s/Charles J. Cooper
27 Charles J. Cooper
28
3
Case3:09-cv-02292-JW Document475-1 Filed01/18/10 Page1 of 3

Jesse Panuccio (DC Bar No. 981634)*
6 jpanuccio@cooperkirk.com
9 LAW OFFICES OF ANDREW P. PUGNO

Andrew P. Pugno (CA Bar No. 206587)
10 andrew@pugnolaw.com

Brian W. Raum (NY Bar No. 2856102)*
13 braum@telladf.org
James A. Campbell (OH Bar No. 0081501)*
14 jcampbell@telladf.org
15100 North 90th Street, Scottsdale, Arizona 85260
16 ATTORNEYS FOR DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH,

GAIL J. KNIGHT, MARTIN F. GUTIERREZ, MARK A. JANSSON,
17 and PROTECTMARRIAGE.COM – YES ON 8, A PROJECT OF CALIFORNIA RENEWAL

20
22 Chief Judge Vaughn R. Walker
Magistrate Judge Joseph C. Spero
23 Plaintiffs,
DECLARATION OF
24 v. JESSE PANUCCIO IN SUPPORT OF
DEFENDANT-INTERVENORS’
25 ARNOLD SCHWARZENEGGER, in his official ADMINISTRATIVE MOTION TO
capacity as Governor of California; EDMUND SEAL PORTIONS OF THE
26 DECLARATION OF RONALD
G. BROWN, JR., in his official capacity as At- PRENTICE
27 torney General of California; MARK B. HOR-
TON, in his official capacity as Director of the
28
1
DECLARATION OF JESSE PANUCCIO IN SUPPORT OF DEFENDANT-INTERVENORS’
ADMINISTRATIVE MOTION TO SEAL PORTIONS OF DECLARATION OF RONALD PRENTICE
1 California Department of Public Health and State

Registrar of Vital Statistics; LINETTE SCOTT,
2 in her official capacity as Deputy Director of
Health Information & Strategic Planning for the
3
California Department of Public Health; PAT-
4 RICK O’CONNELL, in his official capacity as
Clerk-Recorder for the County of Alameda; and
5 DEAN C. LOGAN, in his official capacity as
Registrar-Recorder/County Clerk for
6 the County of Los Angeles,
7
Defendants,
8
and
9
PROPOSITION 8 OFFICIAL PROPONENTS
10 DENNIS HOLLINGSWORTH, GAIL J.
KNIGHT, MARTIN F. GUTIERREZ, HAK-
11 SHING WILLIAM TAM, and MARK A. JANS-
SON; and PROTECTMARRIAGE.COM – YES
12 ON 8, A PROJECT OF CALIFORNIA RE-
NEWAL,
13
Defendant-Intervenors.
14
15
Additional Counsel for Defendant-Intervenors
16

Timothy Chandler (CA Bar No. 234325)
18 tchandler@telladf.org
20 Jordan W. Lorence (DC Bar No. 385022)*

jlorence@telladf.org
21 Austin R. Nimocks (TX Bar No. 24002695)*
animocks@telladf.org
22 801 G Street NW, Suite 509, Washington, D.C. 20001
23
* Admitted pro hac vice
24
25
26
27
28
2
1 I, Jesse Panuccio, declare as follows:

2 1. I am an attorney licensed to practice law in the State of Florida and the District of Co-
3
lumbia and am admitted pro hac vice in this case. I am an associate at the law firm of Cooper
4
& Kirk, PLLC, counsel of record for Defendant-Intervenors Dennis Hollingsworth, Gail
5
Knight, Martin Gutierrez, Mark Jansson, and ProtectMarriage.com. I make this declaration in
6
7 support of Defendant-Intervenors’ Administrative Motion to Seal Portions of the Declaration of
8 Ronald Prentice.
9 2. Defendant-Intervenors will submit to the Clerk of the Court two copies of Mr. Prentice’s
10 declaration (dated January 16, 2010) and exhibit in sealed envelopes on January 19, 2010. De-
11
fendant-Intervenors also have filed on the electronic docket a redacted copy of the declaration.
12
The redacted portion of the declaration consists of the name of one individual. The redacted
13
declaration also does not include the exhibit, which consists of internal, nonpublic documents
14
15 relating to campaign strategy and messaging.
16 3. A stipulation could not be obtained in this matter because Civil Local Rule 79-(5)(a)
17 prohibits the sealing of documents or information by agreement of the parties, and therefore the
18 parties are unable to enter into such a stipulation.
19
20
I declare, under penalty of perjury under the laws of the United States, that these facts
21
are true and correct and that this Declaration is executed this 18th day of January, 2010, at
22
23 Washington, D.C.
24
/s/ Jesse Panuccio
25 Jesse Panuccio
26
27
28
3
Case3:09-cv-02292-VRW Document475-2 Filed01/18/10 Page1 of 3

8
LAW OFFICES OF ANDREW P. PUGNO
9 Andrew P. Pugno (CA Bar No. 206587)
andrew@pugnolaw.com
10 101 Parkshore Drive, Suite 100, Folsom, California 95630
11
ALLIANCE DEFENSE FUND
12 Brian W. Raum (NY Bar No. 2856102)*
braum@telladf.org
13 James A. Campbell (OH Bar No. 0081501)*
jcampbell@telladf.org
14 15100 North 90th Street, Scottsdale, Arizona 85260
15
ATTORNEYS FOR DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH,
16 GAIL J. KNIGHT, MARTIN F. GUTIERREZ, MARK A. JANSSON,
and PROTECTMARRIAGE.COM – YES ON 8, A
17 PROJECT OF CALIFORNIA RENEWAL

20
22
[PROPOSED] ORDER GRANTING
23 Plaintiffs, DEFENDANT-INTERVENORS’
MOTION TO SEAL PORTIONS OF
24 v. THE DECLARATION OF RONALD
PRENTICE
25 ARNOLD SCHWARZENEGGER, in his official
capacity as Governor of California; EDMUND
26
G. BROWN, JR., in his official capacity as
27 Attorney General of California; MARK B.
HORTON, in his official capacity as Director of
28 the California Department of Public Health and
[PROPOSED] ORDER GRANTING DEFENDANT-INTERVENORS’ MOTION TO SEAL

1 State Registrar of Vital Statistics; LINETTE

SCOTT, in her official capacity as Deputy
2 Director of Health Information & Strategic
Planning for the California Department of Public
3
Health; PATRICK O’CONNELL, in his official
4 capacity as Clerk-Recorder for the County of
Alameda; and DEAN C. LOGAN, in his official
5 capacity as Registrar-Recorder/County Clerk for
the County of Los Angeles,
6
Defendants,
7
and
8
PROPOSITION 8 OFFICIAL PROPONENTS
9 DENNIS HOLLINGSWORTH, GAIL J.
KNIGHT, MARTIN F. GUTIERREZ, HAK-
10 SHING WILLIAM TAM, and MARK A.
JANSSON; and PROTECTMARRIAGE.COM –
11 YES ON 8, A PROJECT OF CALIFORNIA
RENEWAL,
12
Defendant-Intervenors.
13
14
Additional Counsel for Defendant-Intervenors
15

Timothy Chandler (CA Bar No. 234325)
17 tchandler@telladf.org
19 Jordan W. Lorence (DC Bar No. 385022)*
jlorence@telladf.org
20 Austin R. Nimocks (TX Bar No. 24002695)*
animocks@telladf.org
21 801 G Street NW, Suite 509, Washington, D.C. 20001
22
* Admitted pro hac vice
23
24
25
26
27
28

1 Defendant-Intervenors have filed an administrative motion to seal portions of, and the
2 attachment to, the declaration of Ronald Prentice, dated January 16, 2010. After full consideration
3
of all moving and opposing documents, the Court’s record and file in this matter, and the
4
arguments of counsel, IT IS HEREBY ORDERED that the portions of the declaration identified
5
as redacted in Doc # 364-1 are placed and shall remain under seal in this Court.
6
7 IT IS SO ORDERED.
8
Dated the ________ of _______, 2010 ____________________________
9
The Honorable Joseph C. Spero
10 Magistrate Judge
11
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1

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Case3:09-cv-02292-VRW Document475 Filed01/18/10 Page1 of 3

1 COOPER AND KIRK, PLLC

8 LAW OFFICES OF ANDREW P. PUGNO

11 ALLIANCE DEFENSE FUND

15 ATTORNEYS FOR DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH,

17 * Admitted pro hac vice

18 UNITED STATES DISTRICT COURT

1 in her official capacity as Deputy Director of

14 Additional Counsel for Defendant-Intervenors

1 NOTICE OF MOTION AND MOTION

23 COOPER AND KIRK, PLLC

1 COOPER AND KIRK, PLLC

9 LAW OFFICES OF ANDREW P. PUGNO

12 ALLIANCE DEFENSE FUND

16 ATTORNEYS FOR DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH,

18 * Admitted pro hac vice

19 UNITED STATES DISTRICT COURT

1 California Department of Public Health and State

17 ALLIANCE DEFENSE FUND

20 Jordan W. Lorence (DC Bar No. 385022)*

1 I, Jesse Panuccio, declare as follows:

7 support of Defendant-Intervenors’ Administrative Motion to Seal Portions of the Declaration of

15 relating to campaign strategy and messaging.

1 COOPER AND KIRK, PLLC

18 * Admitted pro hac vice

19 UNITED STATES DISTRICT COURT

[PROPOSED] ORDER GRANTING DEFENDANT-INTERVENORS’ MOTION TO SEAL

1 State Registrar of Vital Statistics; LINETTE

16 ALLIANCE DEFENSE FUND

[PROPOSED] ORDER GRANTING DEFENDANT-INTERVENORS’ MOTION TO SEAL

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