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Case3:09-cv-02292-VRW Document289 Filed12/07/09 Page1 of 2

GIBSON, DUNN & CRUTCHER LLP


LAWYERS
A REGISTERED LIMITED LIABILITY PARTNERSHIP
INCLUDING PROFESSIONAL CORPORATIONS
__________
555 Mission Street, Suite 3000, San Francisco, California 94105-2933
(415) 393-8200
www.gibsondunn.com
EDettmer@gibsondunn.com

December 7, 2009

Direct Dial Client Matter No.


(415) 393-8292 T 36330-00001
Fax No.
(415) 374-8444

The Honorable Vaughn R. Walker


Chief Judge of the United States District Court
for the Northern District of California
450 Golden Gate Ave.
San Francisco, California 94102

Re: Perry v. Schwarzenegger, Case No. C-09-2292 VRW

Dear Chief Judge Walker:

Plaintiffs respectfully request leave to file an omnibus motion to compel to resolve


various discovery disputes between Plaintiffs and Defendant-Intervenors, including Defendant-
Intervenors’ failure to produce documents responsive to Plaintiffs’ discovery requests that are
clearly outside their claim of privilege, and their refusal to answer questions during depositions
concerning those public documents and statements. These disputes arose just last week in
connection with the depositions of several of the individual Proponents.

As just one example, Plaintiffs have requested the immediate production of documents
constituting public communications between the Defendant-Intervenors and discrete voter
groups, such as a letter, entitled “What if We Lose,” drafted by Defendant-Intervenor William
Hak-Shing Tam and published on a publicly accessible website, attached hereto as Exhibit A.
At the December 1, 2009 oral argument before the Ninth Circuit on Defendant-Intervenors’
motion for stay, Mr. Cooper informed the panel that Dr. Tam’s document “is not within my
claim of privilege. Make no mistake about that . . . . it’s on its face a public document.” Yet
Defendant-Intervenors’ counsel have yet to produce that document, other similar documents
introduced as exhibits at Mr. Tam’s deposition, or other documents falling within that category
of documents sent to discrete sub-groups of voters and potential voters.

Given the pending Ninth Circuit decision on Defendant-Intervenors’ motion for stay, the
various discovery disputes between the parties, and the January 11 trial date, Plaintiffs
respectfully submit that the most efficient manner of proceeding with the existing discovery
Case3:09-cv-02292-VRW Document289 Filed12/07/09 Page2 of 2

The Honorable Vaughn R. Walker


December 7, 2009
Page 2

disputes between the parties is that Plaintiffs promptly submit an omnibus motion to compel that
the Court can then resolve in sufficient time for Plaintiffs to have all nonprivileged, responsive
testimony and documents available for use at trial. Plaintiffs respectfully request the Court’s
leave to file such a motion.

Respectfully submitted,

/s/ Ethan D. Dettmer


Ethan D. Dettmer
Counsel for Plaintiffs
cc: Counsel of Record
Case3:09-cv-02292-JW Document289-1 Filed12/07/09 Page1 of 2

Exhibit A
What if We Lose Page 1 of 1
Case3:09-cv-02292-JW Document289-1 Filed12/07/09 Page2 of 2

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What if We Lose
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Dear friends,
Speakers
 
 
Newsflash
This November, San Francisco voters will vote on a ballot to "legalize prostitution".  This is
Upcoming Events put forth by the SF city government, which is under the rule of homosexuals.  They lose no
time in pushing the gay agenda --- after legalizing same-sex marriage, they want to legalize
Support Us
Newsletters prostitution.  What will be next?  On their agenda list is: legalize having sex with children.

Friends of Presence  
I hope we all wake up now and really work to pass Prop 8.  We have only 48 days left.  Even
Email Updates if you have church building projects, mission projects, concert projects, etc, please
consider postponing them and put all the church man/woman power to work on Prop 8.  We Featured Products
Support Us can't lose this critical battle.  If we lose, this will very likely happen......
  Panel Discussion: "Protecting Our
  Children from the Moral Crisis
1.  Same-Sex marriage will be a permanent law in California.  One by one, other states
Family would fall into Satan's hand.
 
2.  Every child, when growing up, would fantasize marrying someone of the same sex.  More
Marriage
children would become homosexuals.  Even if our children is safe, our grandchildren may
Parenting not.  What about our children's grandchildren? $12.00
  Add to Cart
Age 6-12 3.  Gay activists would target the big churches and request to be married by their pastors. 
If the church refuse, they would sue the church.  Even if they know they may not win, they
Pastor's Legal Seminar
would still sue because they have a big army of lawyers from ACLU who would work for
free.  They know a prolonged law suit would cripple the church.  They had sued the
Faith California government many times before.  They sue until they win.  They would not be
afraid to sue a church.  The church would have to spend lots of money in defending the
case.  The court fight would be long and the congregation would be discouraged and leave -
Current News -- how long are they willing to shoulder the law suit costs.  The church may give in and
Prop. 8 Updates accept them, their membership would grow and take over the church.  Then a righteous $15.00
pastor would have to leave.  Such scenarios have happened in Scandinavian countries.  At Add to Cart
Apologetics that time, churches would keep quiet, hoping that they won't be picked as the next target. 
If your church is sued, don't expect others to help your church.  You would be in the battle 移風易俗的同性戀運動
Engaging the Culture alone, and chances are you would lose.  If that happens, whatever nice building your church
have built now would become meaningless.
Testimony
 
Education In order not to let this happen, we better team up at the current battle to defeat same-sex
marriage.  Collectively, we have a chance to win.  Right now, each church sacrifice a little. 
For 48 days, delay your projects, put your resources ($ and manpower) into Prop 8.  We'd $10.00
have great power if we pool our resources together.  Let's win this battle.  After Add to Cart
Other victory, your congregation would be energized and go back to the original projects with joy
and cheer.  They may want to give more and build a bigger building to thank God.  Our God
would be pleased and bless us more. 
Articles
 
Products But if we lose, our congregation would lose heart.  They might not want to work as hard. 
Our opponents would be overjoyed.  They would do more and change more laws so as to
Past Events persecute us easier.  Churchs would have a much much harder time to survive.  We would
be collecting offerings to fight law suits instead of building new buildings.  I pray that
day would not come.  The choice is yours.  Talk to the leaders of your church. Your actions
would change the history in either direction.
 
 
Thanks for your efforts,
Bill Tam
Traditional Family Coalition
Last Updated on Friday, 04 September 2009 09:50

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