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09-1238 #1

09-1238 #1

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Published by Equality Case Files
EqCF Doc #1
EqCF Doc #1

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Published by: Equality Case Files on Nov 04, 2011
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-----+-----
DENNIS
HOLLINGSWORTH,
et
aI.,
Petitioners,
v.
KRISTIN
M. PERRY,
et
aI.,
Respondents.
------+----
On
Petition For
A Writ
Of
Certiorari
To
The
United States
Court Of
AppealsForThe
Ninth
Circuit
------+----
PETITION
FOR
A WRIT OF CERTIORARI
April
8,
2010
------+------
CHARLES
J.
COOPER
Counsel
of
Record
MICHAEL
W.
KIRK
JESSE M.
PANUCCIO
COOPER
&
KIRK,
PLLC
1523
NewHampshire
Avenue,
NWWashington,
D.C.
20036
(202) 220-9600ccooper@cooperkirk.com
Counsel for Petitioners
COCKLE
LAW
BRIEF PRINTING CO. (800) 225·6964OR CALL COLLECT (402) 342-2831
09-1238 1
 
1
QUESTION PRESENTED
AfterthisCourtstayed
the
district
court's
order
allowing
the
video
recording
and
public
broadcast
of
the trial
proceedings
in
this
case,
the
district court
withdrew
its
order
and
assured
the
parties
that
its
continued
recording of
the
trial
proceedings
was
solely for
use
in
chambers
and
not
for
the
purpose of
public
dissemination.
In
light
of
the apparent
mootness of
the
controversy,
the
question
presented
,
IS:
Should
theNinth
Circuit's decision
denying
a pe-
tition
for a
writ
of
mandamus
to
halt
the
district
court's
enforcement of
its
order be vacated
and the
case be
remanded
to
the
court
of
appeals
with
in-
structions
to dismiss
in
accordance
with
United
States
v.
Munsingwear, Inc.,
340
U.S.
36
(1950)?
 
11
PARTIES TO THE PROCEEDING BELOW
Petitioners
in
this
Court,
Dennis
Hollingsworth,
Gail
J.
Knight,
Martin
F.
Gutierrez,
MarkA.Jansson,
and
ProtectMarriage.com
-Yes
on
8, A
Project
of Cal
ifornia
Renewal
are
Defendant-Intervenors
in
the
dis
trict
court
and
were petitioners
in the
Court ofAppeals
for
the Ninth
Circuit.
The United
States
District
Court
for
the Northern
District
of California (Walker, C.J.)
was
the
nominal
respondent
to
the
proceedings
in
the
Ninth
Circuit.
See
9th
Cir.
R.
21-2.Respondent William Tam is a Defendant-Intervenor
in
the
district
court
and
was
a
respondent
intheNinth
Circuit.
Respondents
Kristen
M. Perry,
Sandra
B.
Stier,
Paul
T.
Katami,
and
Jeffrey
J.
Zarrillo,
are
Plaintiffs
in
the
district
court
and
were respondents
in theNinth
Circuit.
Respondent
City
and
County
of
San
Francisco
is
Plaintiff-Intervenor
in the
district court
and
was
a
respondent
intheNinth
Circuit.
Other parties
to
the
proceedings
in
the
districtcourt
and
Ninth
Circuit,
and
thus
Respondents
in
this
Court,
are
Defendants
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

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