Perry

Perry v. Schwarzenegger

Good Law
302 F. Supp. 3d 1047
United States District Court, Northern District of CaliforniaJanuary 17, 2018Case No. 09–cv–02292–JW (WHO)California4,860 words

Opinion

Lead Opinion

Perry v. Brown , 667 F.3d at 1082 .

In May 2010, Judge Walker offered to make copies of the video recordings available to any party that intended to use excerpts during their closing arguments. That offer was made contingent on the recipient maintaining the recordings under "a strict protective order." Plaintiffs and CCSF obtained copies. After closing arguments, Proponents moved to require the return of the copies. Perry v. Brown , 667 F.3d at 1082 . In an August 4, 2010 Order, Judge Walker held:

*1051 Perry v. Schwarzenegger , 704 F.Supp.2d 921 , 929 (N.D. Cal. 2010).

The Proponents appealed Judge Walker's judgment striking down Proposition 8; they did not challenge either the denial of their motion to compel the return of the copies or the district court's entry of the recording in the record. Perry v. Brown , 667 F.3d at 1083 .

In 2011, Judge Walker retired. Both before and after that retirement, Judge Walker "displayed" excerpts from the video recordings during public appearances. Id. The Proponents once again returned to court, asking the Ninth Circuit to order Judge Walker to return the video recordings to the Court's possession. The plaintiffs filed a cross-motion…

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