United States v. 2009-12-11 | 09-17241 | PERRY VSCHWARZENEGGER | precedential | opinion |

FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
 KRISTIN M. PERRY; SANDRA B.
STIER; PAUL T. KATAMI; JEFFREY J.
ZARRILLO,
Plaintiffs-Appellees,
and
CITY AND COUNTY OF SAN
FRANCISCO,
Plaintiff-intervenor,
v.
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 his official capacity as
Director of the California
Department of Public Health &
State Registrar of Vital Statistics;
LINETTE SCOTT, in her official
capacity as Deputy Director of
Health Information & Strategic
Planning for the California
Department of Public Health;
PATRICK O’CONNELL, in his official
capacity as Clerk-Recorder for the
County of Alameda; DEAN C.
LOGAN, in his official capacity as
Registrar-Recorder/County Clerk
for the County of Los Angeles,
Defendants, 
16727

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 and
DENNIS HOLLINGSWORTH; GAIL J. No. 09-17241KNIGHT; MARTIN F. GUTIERREZ;
HAK-SHING WILLIAM TAM; MARK D.C. No.A. JANSSON; PROTECTMARRIAGE. 3:09-cv-02292-
COM-YES ON 8, A PROJECT OF VRW
CALIFORNIA RENEWAL,
Defendant-intervenors-Appellants. 
 KRISTIN M. PERRY; SANDRA B.
STIER; PAUL T. KATAMI; JEFFREY J.
ZARRILLO,
Plaintiffs-Appellees,
and
OUR FAMILY COALITION; LAVENDER
SENIORS OF THE EAST BAY;
PARENTS, FAMILIES, AND FRIENDS OF
LESBIANS AND GAYS, CITY AND
 COUNTY OF SAN FRANCISCO,
Plaintiff-intervenors-Appellees,
v.
ARNOLD SCHWARZENEGGER; EDMUND
G. BROWN, JR.; MARK B. HORTON;
LINETTE SCOTT; PATRICK
O’CONNELL; DEAN C. LOGAN,
Defendants,
and 
16728 PERRY v. SCHWARZENEGGER

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 DENNIS HOLLINGSWORTH; GAIL J. No. 09-17551KNIGHT; MARTIN F. GUTIERREZ;
HAK-SHING WILLIAM TAM; MARK D.C. No.
A. JANSSON; PROTECTMARRIAGE. 3:09-cv-02292- 
COM-YES ON 8, A PROJECT OF VRW
CALIFORNIA RENEWAL, ORDER
Defendant-intervenors-Appellants. 
Filed December 16, 2009
Before: Kim McLane Wardlaw, Raymond C. Fisher and
Marsha S. Berzon, Circuit Judges.
ORDER
A judge of this court has called for a vote to determine
whether this case will be reheard en banc under Federal Rule
of Appellate Procedure 35(a). The parties are requested to file
simultaneous briefs setting forth their respective positions on
whether this case should be reheard en banc, including
whether rehearing en banc is warranted in light of Mohawk
Industries, Inc. v. Carpenter, 558 U.S. ___, No. 08-678 (Dec.
8, 2009).
The briefs shall be filed on or before December 24, 2009.
Parties who are registered for ECF must file the brief elec-
tronically without submission of paper copies. Parties who are
not registered ECF filers must file the original brief plus 50
paper copies.
IT IS SO ORDERED.
16729 PERRY v. SCHWARZENEGGER

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