PERRY v. SCHWARZENEGGER

No. 10-15649.

602 F.3d 976 (2010)

Kristin M. PERRY; Sandra B. Stier; Paul T. Katami; Jeffrey J. Zarrillo, Plaintiffs-Appellees, and City and County of San Francisco, Intervenor-Plaintiff, v. 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 planning for the California Department of Public Health; Patrick O'Connell, in his official capacity as clerk-recorder of the County of Alameda; Dean C. Logan, in his official capacity as registrar-recorder/county-clerk for the County of Los Angeles, Defendants, and Dennis Hollingsworth; Gail J. Knight; Martin F. Gutierrez; Hak-Shing William Tam; Mark A. Jansson; Protectmarriage.Com-Yes on 8, A Project of California Renewal, as official proponents of Proposition 8, Intervenor-Defendants-Appellees, Equality California; No on Northern Proposition 8, Campaign for California, Marriage Equality, A Project of the American Civil Liberties Union of Northern California, Third parties-Appellants, and Californians Against Eliminating Basic Rights, Third party.

United States Court of Appeals, Ninth Circuit.

April 12, 2010.


Attorney(s) appearing for the Case

David Boies, Thoedore H. Uno, Boies, Schiller & Flexner, Armonk, NY, Ethan Douglas Dettmer, Esquire, Rebecca Justice Lazarus, Enrique Antonio Monagas, Gibson, Dunn & Crutcher LLP, San Francisco, CA, Theodore J. Boutrous, Jr., Esquire, Christopher D. Dusseault, Theane Evangelis Kapur, Gibson Dunn & Crutcher, LLP, Los Angeles, CA, Matthew McGill, Theodore Olson, Amir C. Tayrani, Gibson Dunn & Crutcher, LLP, Washington, DC, for Plaintiffs-Appellees.

Erin Bernstein, Deputy City, Vince Chhabria, Esquire, Danny Chou, Therese Stewart, Chief Deputy City, Christine Van Aken, Deputy City, San Francisco City Attorney's Office, San Francisco, CA, for Intervenor-Plaintiff.

Kenneth C. Mennemeier, Jr., Andrew W. Stroud, Mennemeier, Glassman & Stroud LLP, Gordon Bruce Burns, Deputy Solicitor, AGCA-Office of the California Attorney General, Sacramento, CA, Claude Franklin Kolm, Esquire, Office of County Counsel, Oakland, CA, Judy Whitehurst, Esquire, Kenneth Hahn Hall of Administration, Los Angeles, CA, for Defendants.

Charles J. Cooper, Nicole Moss, Howard C. Neilson, Jr., Jesse Panuccio, Peter A. Patterson, David H. Thompson, Cooper & Kirk, PLLC, Washington, DC, James Andrew Campbell, Litigation Staff Counsel, Brian William Raum, Senior Counsel, Alliance Defense Fund, Scottsdale, AZ, Andrew P. Pugno, Esquire, Law Offices, Folsom, CA, for Intervenor-Defendants-Appellees.

Stephen Victor Bomse, Esquire, Orrick Herrington & Sutcliffe LLP, Elizabeth Gill, Alan L. Schlosser, Esquire, ACLU Foundation of Northern California, Leslie Kramer, Lynn Pasahow, Esquire, Lauren Whittemore, Fenwick & West, LLP, San Francisco, CA, Carolyn Chang, Esquire, Fenwick & West, LLP, Mountain View, CA, for Third parties-Appellants.

James Harrison, Kari Krogseng, Remcho, Johansen & Purcell LLP, San Leandro, CA, for Third party.

Before: KIM McLANE WARDLAW, RAYMOND C. FISHER and MARSHA S. BERZON, Circuit Judges.


ORDER

Third party appellants Equality California and No on Proposition 8, Campaign for Marriage Equality, a Project of the American Civil Liberties Union of Northern California ("appellants") appeal from the district court's March 5, 2010 (Doc. #610) and March 22, 2010 (Doc. #623) orders compelling them to produce documents they contend are protected under the First Amendment privilege against the compelled disclosure of internal campaign communications. Appellants...

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