Case3:09-cv-02292-VRW Document364 Filed01/07/10 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
Jesse Panuccio (DC Bar No. 981634)*
6 jpanuccio@cooperkirk.com
Peter A. Patterson (Ohio Bar No. 0080840)*
7 ppatterson@cooperkirk.com
1523 New Hampshire Ave. N.W., Washington, D.C. 20036
8 Telephone: (202) 220-9600, Facsimile: (202) 220-9601

9 LAW OFFICES OF ANDREW P. PUGNO

Andrew P. Pugno (CA Bar No. 206587)
10 andrew@pugnolaw.com
101 Parkshore Drive, Suite 100, Folsom, California 95630
11 Telephone: (916) 608-3065, Facsimile: (916) 608-3066

12 ALLIANCE DEFENSE FUND

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
15 Telephone: (480) 444-0020, Facsimile: (480) 444-0028

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

18 * Admitted pro hac vice

19 UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
20
KRISTIN M. PERRY, SANDRA B. STIER,
21 PAUL T. KATAMI, and JEFFREY J.
ZARRILLO, CASE NO. 09-CV-2292 VRW
22 Chief Judge Vaughn R. Walker

23 Plaintiffs, DEFENDANT-INTERVENORS’ DEN-

NIS HOLLINGSWORTH, GAIL J.
24 v. KNIGHT, MARTIN F. GUTIERREZ,
MARK A. JANSSON,
25 ARNOLD SCHWARZENEGGER, in his official AND PROTECTMARRIAGE.COM’S
capacity as Governor of California; EDMUND NOTICE OF FILING OF REDACTED
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 California Department of Public Health and State
1
DEFENDANT-INTERVENORS’ NOTICE OF FILING OF REDACTED DECLARATION OF RONALD PRENTICE
CASE NO. 09-CV-2292 VRW
 Case3:09-cv-02292-VRW Document364 Filed01/07/10 Page2 of 3

1 Registrar of Vital Statistics; LINETTE SCOTT,

in her official capacity as Deputy Director of
2 Health Information & Strategic Planning for the
California Department of Public Health; PAT-
3
RICK O’CONNELL, in his official capacity as
4 Clerk-Recorder for the County of Alameda; and
DEAN C. LOGAN, in his official capacity as
5 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. JANS-
SON; and PROTECTMARRIAGE.COM – YES
11 ON 8, A PROJECT OF CALIFORNIA RE-
NEWAL,
12
Defendant-Intervenors.
13

14
Additional Counsel for Defendant-Intervenors
15

16 ALLIANCE DEFENSE FUND

Timothy Chandler (CA Bar No. 234325)
17 tchandler@telladf.org
101 Parkshore Drive, Suite 100, Folsom, California 95630
18 Telephone: (916) 932-2850, Facsimile: (916) 932-2851
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
Telephone: (202) 393-8690, Facsimile: (202) 347-3622
22
* Admitted pro hac vice
23

24

25

26

27

28
2
DEFENDANT-INTERVENORS’ NOTICE OF FILING OF REDACTED DECLARATION OF RONALD PRENTICE
CASE NO. 09-CV-2292 VRW
 Case3:09-cv-02292-VRW Document364 Filed01/07/10 Page3 of 3

1 At a hearing before Magistrate Judge Spero on January 6, 2010, the Court ruled that Defendant-
2 Intervenors may submit under seal for in camera review a declaration relating to “the core group of
3
person engaged in the formulation of campaign strategy and messages” for ProtectMarriage.com.
4
Perry v. Schwarzenegger, No. 09-17241, slip op. at 36 n.12. See Hr’g of Jan. 6, 2010, Tr. (rough) at
5
103:7-9.
6

7 The Court also noted, however, that it preferred that Plaintiffs have access to the declaration.

8 See id. at 103:13-21. Accordingly, Defendant-Intervenors, pursuant to an agreement with Plaintiffs’

9 counsel, have provided the enclosed declaration to Plaintiffs’ counsel on an attorneys’ eyes only
10 basis. Also pursuant to an agreement with Plaintiffs’ counsel, Defendant-Intervenors are hereby
11
filing a redacted version of the attached declaration on the Court’s electronic docket.
12
There was a question at the hearing regarding whether a particular name that the Court deemed
13
within the “core group” was already public, and Proponents have confirmed that that name—
14

15 Michael Spence—was already disclosed on the privilege log previously filed on the Court’s public

16 docket. This information was disclosed to Plaintiffs’ counsel following the hearing.

17 Following the January 6 hearing, Defendant-Intervenors assessed the production schedule the
18 Court has ordered. Defendant-Intervenors continue to believe it is not possible to meet that sched-
19
ule. Defendant-Intervenors will, however, review, produce, and log documents as quickly as
20
possible with the resources available.
21
Defendant-Intervenors thus respectfully submit the attached, redacted declaration.
22

23 Dated: January 7, 2010

24 COOPER AND KIRK, PLLC

ATTORNEYS FOR DEFENDANTS-INTERVENORS
25 DENNIS HOLLINGSWORTH, GAIL J. KNIGHT,
MARTIN F. GUTIERREZ, MARK A. JANSSON, and
26 PROTECTMARRIAGE.COM – YES ON 8, A PROJECT
OF CALIFORNIA RENEWAL
27
By: /s/Charles J. Cooper
28 Charles J. Cooper
3
DEFENDANT-INTERVENORS’ NOTICE OF FILING OF REDACTED DECLARATION OF RONALD PRENTICE
CASE NO. 09-CV-2292 VRW
 Case3:09-cv-02292-JW Document364-1 Filed01/07/10 Page1 of 7

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
Jesse Panuccio (DC Bar No. 981634)*
6 jpanuccio@cooperkirk.com
Peter A. Patterson (Ohio Bar No. 0080840)*
7 ppatterson@cooperkirk.com
1523 New Hampshire Ave. N.W., Washington, D.C. 20036
8 Telephone: (202) 220-9600, Facsimile: (202) 220-9601

9 LAW OFFICES OF ANDREW P. PUGNO

Andrew P. Pugno (CA Bar No. 206587)
10 andrew@pugnolaw.com
101 Parkshore Drive, Suite 100, Folsom, California 95630
11 Telephone: (916) 608-3065, Facsimile: (916) 608-3066

12 ALLIANCE DEFENSE FUND

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
15 Telephone: (480) 444-0020, Facsimile: (480) 444-0028

16 ATTORNEYS FOR DEFENDANT-INTERVENORS DENNIS HOLLINGSWORTH,

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

18 * Admitted pro hac vice

19 UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
20
KRISTIN M. PERRY, SANDRA B. STIER,
21 PAUL T. KATAMI, and JEFFREY J.
ZARRILLO, CASE NO. 09-CV-2292 VRW
22
DECLARATION OF
23 Plaintiffs, RONALD PRENTICE

24 v.

25 ARNOLD SCHWARZENEGGER, in his official

capacity as Governor of California; EDMUND
26
G. BROWN, JR., in his official capacity as At-
27 torney General of California; MARK B. HOR-
TON, in his official capacity as Director of the
28
1
DECLARATION OF RONALD PRENTICE
CASE NO. 09-CV-2292 VRW
 Case3:09-cv-02292-JW Document364-1 Filed01/07/10 Page2 of 7

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

17 ALLIANCE DEFENSE FUND

Timothy Chandler (CA Bar No. 234325)
18 tchandler@telladf.org
101 Parkshore Drive, Suite 100, Folsom, California 95630
19 Telephone: (916) 932-2850, Facsimile: (916) 932-2851

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
Telephone: (202) 393-8690, Facsimile: (202) 347-3622
23
* Admitted pro hac vice
24

25

26

27

28
2
DECLARATION OF RONALD PRENTICE
CASE NO. 09-CV-2292 VRW
 Case3:09-cv-02292-JW Document364-1 Filed01/07/10 Page3 of 7

1 I, Ronald Prentice, make the following declaration pursuant to 28 U.S.C. § 1746:

2 1. I am a resident of California over 18 years of age, and my statements herein are based
3
on personal knowledge.
4
2. I submit this declaration pursuant to the Court’s order at the January 6, 2010 hearing
5
that Defendant-Intervenors may submit a declaration regarding who may be defined as a “core
6

7 group” within ProtectMarriage.com for purposes of formulation of campaign strategy and messag-

8 ing.

9 3. As explained therein, my declaration of November 5, 2009, sought to inform the

10 Court—at its request—of “‘the identity of those who were in a position of management responsibil-
11
ity’” for Proposition 8. At the hearing on January 6, 2010, the Court held that the Ninth Circuit’s
12
amended opinion of January 4, 2010, in Perry v. Schwarzenegger, No. 09-17241, limited First
13
Amendment privileges to “the core group of persons engaged in the formulation of strategy and
14

15 messages.” Those persons who had core responsibilities in the formulation of messages and

16 strategies are not synonymous with those persons who had overall managerial responsibility for the

17 campaign. Accordingly, I submit this declaration to further explain those persons who could be
18 said to be a part of the “core group” of those involved in the formulation of ProtectMarriage.com’s
19
messages and strategy.
20
4. As I explained in my declaration of November 5, 2009, Protect Marriage was and is
21
supported by many volunteers with varying levels of involvement and input, many of whom had
22

23 regular roles in formulating campaign strategy and messaging—some with general input and some

24 with input regarding particular areas. Given the fluid nature and timeframe of a major campaign,

25 the set of persons who had this responsibility was not fixed throughout the campaign. Some of the
26
roles the individuals listed herein played in ProtectMarriage.com are not publicly known and
27
remain confidential information of ProtectMarriage.com.
28
3
DECLARATION OF RONALD PRENTICE
CASE NO. 09-CV-2292 VRW
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1 5. Aside from the persons and vendors listed in my declaration of November 5, 2009, the
2 following individuals played a very significant role—probably best defined as a general, long-term
3
role—in the formulation of campaign strategy and messaging:
4
i. ProtectMarriage.com employed several spokespersons who, by nature of their roles,
5
had daily responsibilities relating to formulation of strategy and messaging. These
6

7 persons were:

8 a. Sonja Eddings Brown

9 b. Chip White
10 c. Jennifer Kerns (and her firm K Street Communications, a public relations
11
firm hired by ProtectMarriage.com as media director)
12
6. In addition to the above, some persons and volunteers had significant and critical roles in
13
formulating specific strategy or messaging. These include:
14

15 i. [REDACTED], who was an advisor to ProtectMarriage.com and played a significant

16 role in the development of messaging for ethnic minority communities;

17 ii. [REDACTED], who was an advisor to ProtectMarriage.com and played a significant

18 role in the development of messaging for ethnic minority communities;
19
iii. [REDACTED], who was an advisor to ProtectMarriage.com and played a significant
20
role in devising grassroots campaign strategy;
21
iv. Meg Waters, who was a public relations specialist retained by ProtectMarriage.com to
22

23 assist with public relations in southern California, and who assisted spokesperson

24 Sonja Eddings Brown;

25 v. [REDACTED] advised the ad hoc executive committee and made recommendations

26
regarding proposed messaging strategy and coordinated supporting efforts by LDS
27
Church members;
28
4
DECLARATION OF RONALD PRENTICE
CASE NO. 09-CV-2292 VRW
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1 vi. [REDACTED] advised the ad hoc executive committee and made recommendations
2 regarding proposed messaging strategy and coordinated supporting efforts by LDS
3
Church members;
4
vii. [REDACTED] advised the ad hoc executive committee and made recommendations
5
regarding proposed messaging strategy and coordinated supporting efforts by LDS
6

7 Church members.

8 7. As I stated in my November 5, 2009 declaration, ProtectMarriage.com worked with nu-

9 merous vendors and/or independent consultants who had varying roles from ministerial to strategic
10 and managerial. In addition to Schubert Flint Public Affairs, Lawrence Research, and Sterling
11
Corporation, several other vendors had a significant role in the formulation of strategy and messag-
12
ing or, for purposes of carrying out their responsibilities, were provided with internal draft messag-
13
ing and strategy material. These vendors and/or independent contractors include:
14

15 i. Bieber Communications, which assisted ProtectMarriage.com in designing direct mail

16 and voter advocacy pieces;

17 ii. Candidates Outdoor Graphics, which assisted ProtectMarriage.com in the creation and
18 distribution of yard signs and thus possesses highly confidential information such as
19
the list of persons who posted yard signs;
20
iii. The Monaco Group, which assisted ProtectMarriage.com in designing and printing of
21
campaign materials (such as “walking packets”);
22

23 iv. Infusion PR, which is a public relations firm that assisted ProtectMarriage.com with

24 the development of messaging and public relations in the Hispanic community;

25 v. Connell Donatelli, which is a marketing firm that assisted ProtectMarriage.com in de-

26
veloping Internet strategy and advertising and messaging;
27

28
5
DECLARATION OF RONALD PRENTICE
CASE NO. 09-CV-2292 VRW
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1 vi. JRM Enterprises, which assisted ProtectMarriage.com in formulating message and

2 strategy in relation to presentations to newspaper editorial boards;
3
vii. Marketing Communications Services, Inc. (Bill Criswell), which assisted ProtectMar-
4
riage.com in the production and distribution of television advertisements. Although
5
MCSI did not have a key role in the substantive development of messaging strategy, in
6

7 this capacity as a vendor, MCSI was often provided with confidential draft scripts and

8 messages that were never publicly distributed beyond the core group of ProtectMar-

9 riage.com and its vendors.

10 8. As I stated in paragraph 7 of my opening November 5, 2009 declaration, Mr. Pugno—
11
counsel to ProtectMarriage.com, “would associate with and seek legal advice from other at-
12
torneys including attorneys with the Alliance Defense Fund (“ADF”), primarily Joe Infranco
13
and Glen Lavy, who also served as counsel for Protect Marriage.” Accordingly, these attor-
14

15 neys also had roles in the formulation of strategy and messaging, often on an attorney-client

16 basis.

17 ///
18 ///
19
///
20
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21
///
22

23 ///

24 ///

25 ///
26

27

28
6
DECLARATION OF RONALD PRENTICE
CASE NO. 09-CV-2292 VRW
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