April 28, 2010
by Paul Hogarth
I’m here in Judge Vaughn Walker’s federal courtroom in downtown San Francisco for a hearing on the Perry v. Schwarzenegger Prop 8 trial. LGBT POV has some useful background on today’s hearing, which may see Judge Walker finally set a date for closing arguments in the trial.
And here we go!
Steven Bonsey for ACLU
Bassenhau for EQCA
Defense intervenors present (Fennuchio, i believe)
Other lawyers on plaintiff’s side
Judge: in view of yesterday’s communication from No on 8 groups, have they complied with the orders?
A: They were sent overnight, but I haven’t read them yet. They are in my office.
Fennuchio: although the file seems thin based on what they were ordered to file.
Judge: Any explanation?
ACLU: we reviewed thousands of documents, and produced what we were required to do under March 5th order
Judge: how long does defense need to review these docs to say they’ve been in compliance?
Other defense lawyer: how about a week?
Fennuchio: a week would be okay. But EQCA, how many docs did you send us?
EQCA: about 4500
ACLU: also thousands of emails
Judge: let me lay out a schedule. I was thinking about giving defense until May 3 to determine if … Uh, actually both sides should have until Friday 4/30 to conform or deny they have complied. If there’s an allegation there was no compliance, there will be a hearing on May 3 at 10am.
If no allegation, defense have until May 5 to submit a supplement to the evidentiary record, and May 7 for plaintiffs to object to the submission of evidentiary record.
Also schedule motion for reconsideration, but before that … Is what I outlined for No on 8 practical?
Fennuchio: yes, but make it end of the day May 5th … And what about our chance to respond to their objections they fule on May 7?
Judge: ok, May 12 .., at which point, there will be no additional evidence
Judge: I’m hopeful that there will be an agreement that compliance has been made.
Well, can the proponents file their objections by noon on Friday the 30th?
Defense counsels: yes
Judge: I’d like to set a schedule for remainder of case. I am inclined to grant the defense motion for Dr. Tam’s reconsideration, and want their submission by May 6 and have plaintiffs objection by May 10.
Closing arguments set for June 16 at 10am.
All lawyers agree.
I’ll be posting an analysis of today’s hearing shortly. Stay tuned!