Case: 11-17255

11/01/2011

ID: 7950485

DktEntry: 17

Page: 1 of 2

Theodore J. Boutrous Jr. Direct: +1 213.229.7804 Fax: +1 213.229.6804 TBoutrous@gibsondunn.com Client: 36330-00002

November 1, 2011 VIA ECF FILING Ms. Molly C. Dwyer Clerk of the Court United States Court of Appeals for the Ninth Circuit P.O. Box 193939 San Francisco, CA 94119-3939 Re: Perry v. Brown, No. 11-17255 (Reinhardt, Hawkins, N.R. Smith)

Dear Ms. Dwyer: On October 24, 2011, the Court notified the parties that it would hear oral argument in the above-entitled appeal during the week of December 5, 2011, in San Francisco, on a date to be determined subsequently. On behalf of Plaintiffs-Appellees, I write to inform the Court that it appears likely that I will be arguing a motion before the federal district court in Los Angeles on Monday, December 5. If convenient for the Court, I respectfully request that the Court schedule oral argument for any other day during the week of December 5. Thank you for your consideration. Sincerely, /s/ Theodore J. Boutrous Jr. Theodore J. Boutrous Jr. Attorneys for Plaintiffs-Appellees cc: All Counsel

101175044.1

Case: 11-17255

11/01/2011

ID: 7950485

DktEntry: 17

Page: 2 of 2

9th Circuit Case Number(s) 11-17255

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CERTIFICATE OF SERVICE When All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on (date) . Nov 1, 2011 I certify that all participants in the case are registered CM/ECF users and that service will be accomplished by the appellate CM/ECF system. Signature (use "s/" format) /s/Theodore J. Boutrous, Jr.

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CERTIFICATE OF SERVICE When Not All Case Participants are Registered for the Appellate CM/ECF System
I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the United States Court of Appeals for the Ninth Circuit by using the appellate CM/ECF system on (date) . Participants in the case who are registered CM/ECF users will be served by the appellate CM/ECF system. I further certify that some of the participants in the case are not registered CM/ECF users. I have mailed the foregoing document by First-Class Mail, postage prepaid, or have dispatched it to a third party commercial carrier for delivery within 3 calendar days to the following non-CM/ECF participants:

Signature (use "s/" format)