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2:14-cv-00518 #65

2:14-cv-00518 #65

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Published by Equality Case Files
Doc 65 - Declaration of Jennifer C. Pizer in Support of motion for Temporary Restraining Order and Preliminary Injunction
Doc 65 - Declaration of Jennifer C. Pizer in Support of motion for Temporary Restraining Order and Preliminary Injunction

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Published by: Equality Case Files on Sep 03, 2014
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Jennifer C. Pizer (Admitted
 pro hacvice
)Carmina Ocampo (Admitted
 pro hac
 
vice
)
LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.
4221 Wilshire Blvd., Suite 280 Los Angeles, California 90010 Telephone: 213.382.7600 Facsimile: 213.351.6050 Email: jpizer@lambdalegal.org cocampo@lambdalegal.org Paul F. Eckstein (Bar No. 001822) Daniel C. Barr (Bar No. 010149) Kirstin T. Eidenbach (Bar No. 027341) Barry G. Stratford (Bar No. 029923) Alexis E. Danneman (Bar No. 030478)
PERKINS COIE LLP
2901 North Central Avenue, Suite 2000 Phoenix, Arizona 85012-2788 Telephone: 602.351.8000 Facsimile: 602.648.7000 Email: PEckstein@perkinscoie.com DBarr@perkinscoie.com KEidenbach@perkinscoie.com BStratford@perkinscoie.com ADanneman@perkinscoie.com DocketPHX@perkinscoie.com
 Attorneys for Plaintiffs Nelda Majors, Karen  Bailey, David Larance, Kevin Patterson,  Michelle Teichner, Barbara Morrissey, Kathy Young, Jessica Young, Kelli Olson, Jennifer  Hoefle Olson, Kent Burbank, Vicente Talanquer, C.J. Castro-Byrd, Jesús Castro-Byrd, Patrick  Ral  ph, Josefina Ahumada, and Equality Arizona
UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA  Nelda Majors; Karen Bailey; David Larance; Kevin Patterson; George Martinez; Fred McQuire; Michelle Teichner; Barbara Morrissey; Kathy Young; Jessica Young; Kelli Olson; Jennifer Hoefle Olson; Kent Burbank; Vicente Talanquer; C.J. Castro-Byrd; Jesús Castro-Byrd; Patrick Ralph; Josefina Ahumada; and Equality Arizona, Plaintiffs, v. Michael K. Jeanes, in his official capacity as Clerk of the Superior Court of Maricopa  No: 2:14-cv-00518-JWS
DECLARATION OF JENNIFER C. PIZER IN SUPPORT OF MOTIONS FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION OF PLAINTIFF FRED MCQUIRE
Case 2:14-cv-00518-JWS Document 65 Filed 09/02/14 Page 1 of 5
 
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-1-
 
County, Arizona; Will Humble, in his official capacity as Director of the Department of Health Services; and David Raber, in his official capacity as Director of the Department of Revenue, Defendants. Jennifer C. Pizer declares and states as follows: 1.
 
I am licensed to practice law in the State of California and the State of New York and have been admitted
 pro hac vice
 to serve as one of the counsel of record for Plaintiffs in this action. I have personal knowledge of the matters stated in this declaration and could and would so testify if called as a witness. 2.
 
On Monday morning, August 25, 2014, my co-counsel, Carmina Ocampo, told me that Plaintiff George Martinez had telephoned her the prior evening. She said he had seemed in fairly good spirits and his health condition did not seem appreciably changed from prior weeks. On Tuesday, August 26, 2014, we were alerted that George had been taken to the hospital and was determined to be dehydrated, malnourished and in  pain. We were advised that he appeared to be responding well to treatment. On Wednesday afternoon, August 27, 2014, we were informed that George’s condition had worsened suddenly and it appeared he had little remaining time to live. 3.
 
On Wednesday at approximately 6:00 pm, I left a telephone voice message for defense counsel, Special Assistant Attorney General Jim Campbell, asking that he call me or co-counsel at his earliest convenience. I followed that voice message with an email conveying the same request, on which I also copied Assistant Attorney General Kathleen Sweeney. 4.
 
After 1:00 am on Thursday, August 28, 2014, I received an email from Mr. Campbell saying he would telephone in the morning. I responded with an email, copying Ms. Sweeney, explaining the sudden decline in Mr. Martinez’s condition and that we had decided to seek a temporary restraining order seeking the relief requested in the motion of Plaintiffs George Martinez and Fred McQuire for a preliminary injunction, filed
Case 2:14-cv-00518-JWS Document 65 Filed 09/02/14 Page 2 of 5
 
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-2-
 
August 14, 2014, including that the marriage of George and Fred be declared valid for all  purposes under Arizona law including preparation and issuance of a death certificate. I asked if the State would agree not to oppose the limited requested relief. 5.
 
Mr. Campbell responded that he would discuss our request with co-counsel and respond in the morning. 6.
 
I emailed Ms. Sweeney and Mr. Campbell at approximately 8:00 am Thursday morning to inquire as to the State’s position on our anticipated motion and to renew our request that the State not oppose it. 7.
 
Approximately one hour later, I received word that George had already  passed away at approximately 1:30 am that morning. 8.
 
I received an email from Ms. Sweeney shortly thereafter requesting an explanation of what the effects would be for Fred if George were to die without a temporary restraining order in place, and whether survivor benefits for Fred could not be addressed retroactively following eventual success on the merits. 9.
 
I responded by email and informed Ms. Sweeney and Mr. Campbell that George had already died and that we were revising our TRO motion papers accordingly. I also explained that Fred now needed the TRO to prevent the irreparable dignitary harm and practical issues related to the preparation and issuance of George’s death certificate as required by Arizona law, which would inaccurately identify George as having “never married,” and would omit Fred as George’s surviving spouse. Omission of Fred from the death certificate would thwart Fred’s ability to apply for survivor benefits as George’s surviving spouse, which would leave Fred unable to afford to remain in the couple’s home. I pointed out that the loss of one’s home is irreparable and noted that these issues, which had become more urgent with George’s passing, were explained in detail in the August 14, 2014 preliminary injunction motion. I again asked whether the State would agree not to oppose our request for a TRO limited to preparation and issuance of the death certificate.
Case 2:14-cv-00518-JWS Document 65 Filed 09/02/14 Page 3 of 5

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