Professional Documents
Culture Documents
Pages 1 - 46
KRISTIN M. PERRY, )
SANDRA B. STIER, PAUL T. KATAMI, )
and JEFFREY J. ZARRILLO, )
)
Plaintiffs, )
)
VS. ) NO. C 09-2292-VRW
)
ARNOLD SCHWARZENEGGER, in his )
official capacity as Governor of )
California; EDMUND G. BROWN, JR., )
in his official capacity as )
Attorney General of California; )
MARK B. HORTON, in his official )
capacity as Director of the )
California Department of Public )
Health and State Registrar of )
Vital Statistics; LINETTE SCOTT, )
in her official capacity as Deputy )
Director of Health Information & )
Strategic Plainning for the )
California Department of Public )
Health; PATRICK O'CONNELL, in his )
official capacity as )
Clerk-Recorder for the County of )
Alameda; and DEAN C. LOGAN, in his )
official capacity as )
Registrar-Recorder/County Clerk )
for the County of Los Angeles, )
) San Francisco, California
Defendants. ) Monday
) November 2, 2009
___________________________________) 2:30 p.m.
TRANSCRIPT OF PROCEEDINGS
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2 Judge Walker. I'm here with a court reporter; Ms. Delfin, the
7 plaintiffs.
11 San Francisco.
15 Defendant-Intervenors.
24 defendants.
10 County Registrar-Recorder.
15 Defendant-Intervenors.
25 Defendant-Intervenors.
4 plaintiffs.
9 think I might be the last one. Enrique Monagas, Gibson, Dunn &
12 Plaintiff-Intervenor.
13 (Reporter interruption.)
17 San Francisco.
6 the plaintiffs.
8 cases, the Ninth Circuit, the Supreme Court, and other district
20 assertion.
7 appropriate.
20 documents.
24 documents; but let's put that issue to one side for the moment.
20 Mr. Cooper, and then I'll come back to you. Is that okay?
23 mind?
10 process.
12 I said, let's put the burdensome issue to one side, and come
17 two; but those are the two that ought to be on the table for
1 for discussion?
3 Ethan Dettmer.
8 the same time address the concerns that Mr. Cooper and his
10 concerns as I've read them in the papers and heard them in the
15 Proposition 8 supporters.
17 that the Court has already held that they have not made a
7 be considering?
16 believe, on October 14th, but they have thus far not agreed to,
21 and that at that point, they may then go back and designate the
8 appealing to me.
20 And the case that the Court cited is the Kerr case,
2 put it.
7 it's the only course really that now is left available for
21 privilege.
7 and to use and introduce at trial; but beyond that, your Honor,
21 political expression.
24 this campaign got under way that everything that they said in
9 political speech.
13 who these -- who the proponents and the members of the ad hoc
18 modify the alternative that Mr. Dettmer has advanced. And that
2 used for any purpose in the litigation; but the idea which I am
6 so that we can -- well, so that the Court can have two sides of
8 to these materials.
12 privilege assertion?
6 just for the sake of our discussion, the limited sampling that
16 kind of objection --
7 our discussion on, and see if there might not be some other
12 can consult with your client about this" -- and I must say my
18 privilege log.
23 that you think are a fair sample, what's wrong with the
14 that it logs.
20 of a log that could -- would allow the Court or even our -- our
3 I guess Mr. Dettmer used the term "architects"; that is, the
5 itself. And they are -- you know. And they are those types of
21 ability to, you know, deal with the pace and the demands of the
10 seems to me.
12 privilege log per se. And, indeed, you point out that that is
20 other.
6 us permission to do so.
13 expressly make the claim, and then describe the nature of the
19 That doesn't seem old to me, but I'm sure to some of the
23 then.
5 our context.
18 assumption?
18 the campaign.
20 There were -- but the campaign was -- was really, apart from
25 compensated.
3 stamps.
8 in the campaign.
13 but that is not the case, we would submit, with respect to the
13 is concerned?
16 branch of the NAACP was not an issue, but I would submit that
21 not in any way seeking to protect, or, for whatever reason, the
4 disclose?
8 disclosed, and who we have not disclosed before, and over whom
12 people in the position of, say, a Mrs. MacIntyre, who I'm sure
13 you remember from that case that reached the Supreme Court;
17 Proposition 8 campaign?
22 of this kind.
10 responsibilities as well.
14 your Honor.
16 lot of ground. And I've held you off, Mr. Dettmer. And I'm
20 appreciate it.
4 time that we have left before trial and, thus, these documents
6 process.
9 concern and, indeed, I share your concern; but put that to one
10 side, and address these other topics that I've discussed and
14 first.
15 comment on them.
17 is the fundamental issue here which both you and Mr. Cooper
18 spoke about, your Honor, which is the point that this is not
7 attenuated way.
9 that are the basis for all of this case law that protects these
15 far-fetched.
25 at them and analyze them and move forward. And, at the same
5 your Honor -- is the notion that at some point -- and these are
8 Court's local rules about how that happens once we get to the
11 your Honor.
16 point, we can bring them to your Honor and get them resolved in
20 aspect of this?
5 disclosure.
16 processes.
4 records.
9 management position?
12 Rules of Evidence.
20 strategy.
23 strategy, and the actual content of ads, and how those ads
12 here.
15 about membership lists of, you know, rank and file volunteers
20 You know, we're deep into the culling process, but the kinds of
21 things are along the lines of what I've just -- what I've just
22 described.
5 That's Nielson, Moss. I think there was one other name that I
11 described?
17 say that there are not volunteers' and members' names revealed
9 helpful indeed.
15 Hearing nothing --
17 your Honor.
23 And I have some empathy for you all on the other end
1 forgotten what it's like to be on the other side, and know what
6 and one that the nature of the case warrants; but I'm going to
7 try to work with you so that we can get the discovery completed
11 presented.
23 claiming.
1 way to proceed.
13 may not cover all categories of the kinds of documents that the
6 would be for -- and I'll throw this out for your reaction --
15 that is drawn between those who are running the campaign, and
19 disclosure, given all of the case law and all of the other law
2 propose.
10 the log and the other disclosures that I've mentioned not later
23 for us to perhaps enlarge the sampling a bit; but it's been our
4 identify discretely.
10 the hope that this may be the last time that we'll have a
12 the last time; but I do appreciate the good work on both sides
16 go.
23 you.
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CERTIFICATE OF REPORTER
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