NOM
S
TIPULATED
T
RIAL
R
ECORD
D
EADLINE
M
OTION
1
In the United States District Court for the District of Maine The National Organization for Marriage,
and American Principles In Action,
Plaintiffs v.
Walter F. McKee,
Andre G. Duchette, Michael P. Friedman, Francis C. Marsano, and Edward M. Youngblood, all in their official capacity as members of the Commission on Governmental Ethics and Election Practices; Mark Lawrence, Stephanie Anderson, Norman Croteau, Evert Fowle, R. Christopher Almy, Geoffrey Rushlau, Michael E. Povich, and Neal T. Adams, all in their official capacity as Maine district attorneys; and William J. Schneider, in his official capacity as Maine attorney general,
Defendants
Civil Action No. 1:09-cv-538
Plaintiff NOM’s Motion Regarding Filing the Stipulated Trial Record
On March 1, 2012, the Court ordered the parties to file jointly the stipulated trial record (Doc. 157) by March 19, 2011. The parties have discussed how best to comply with the order, and Plaintiff National Organization for Marriage, Inc. (“NOM”), continues to appreciate Defendants’ offer to handle the paper filing.
1
Exh. 1 at 1.
Case 1:09-cv-00538-DBH Document 240 Filed 03/16/12 Page 1 of 4 PageID #: 3934
NOM
S
TIPULATED
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RIAL
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ECORD
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EADLINE
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OTION
2 NOM advised Defendants on March 7 that it wants to file only file-stamped documents.
NOM re-iterated its preference for file-stamped documents on March 14 and 15.
The file stamp will make it clear that these were the documents that were filed. It will also be clear to the public which publicly released documents were and were not filed under seal. NOM does not want to give anyone the (mis)impression that it produced the sealed documents other than with an agreement with Defendants that they be filed under seal.
While NOM appreciates that the Court’s CM/ECF system itself makes file-stamped versions of sealed documents available only internally to Court personnel, Melody of the clerk’s office helpfully offered to e-mail Defendants file-stamped copies of documents they filed under seal.
Today Defendants raised their disagreement over filing only file-stamped copies.
NOM submits their reasons are not persuasive.
In any event, they do not outweigh the advantages of filing only file-stamped copies.
2
Exh. 2 at 2.
3
Exh. 1 at 1; Exh. 3 at 4-5.
4
Exh. 3 at 1, 3.
5
Exh. 3 at 4.
6
Exh. 3 at 1-3.
7
See
Exh. 3 at 1-3.
Case 1:09-cv-00538-DBH Document 240 Filed 03/16/12 Page 2 of 4 PageID #: 3935
NOM
S
TIPULATED
T
RIAL
R
ECORD
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EADLINE
M
OTION
3 Therefore, NOM moves that the direct that the parties file only file-stamped copies of the stipulated trial record, and that the Court extend the deadline to March 26, 2012, to allow the parties to accomplish this. If Defendants need additional time beyond March 26, NOM has no objection. NOM sought to file a joint motion requesting an extension. Defendants do not agree.
Respectfully submitted, Stephen C. Whiting, Maine No. 559 T
HE
W
HITING
L
AW
F
IRM
75 Pearl Street, Suite 207 Portland, Maine 04101 Telephone (207) 780-0681 Facsimile (207) 780-0682
Local Counsel for Plaintiffs
March 16, 2012 James Bopp, Jr., Ind. No. 2838-84 /s/ Randy Elf Randy Elf, N. Y. No. 2863553 Jeffrey Gallant, Va. No. 46876 J
AMES
M
ADISON
C
ENTER
FOR
F
REE
S
PEECH
1 South Sixth Street Terre Haute, Ind. 47807 Telephone (812) 232-2434 Facsimile (812) 234-3685
Lead Counsel for Plaintiffs
8
See
Exh. 3 at 1-3.
9
Exh. 3 at 1.
Case 1:09-cv-00538-DBH Document 240 Filed 03/16/12 Page 3 of 4 PageID #: 3936