Case: 09-16959 10/02/2009 Page: 1 of 2 ID: 7082737 DktEntry: 22-1

EDMUND G. BROWN JR. State of California

Attorney General DEPARTMENT OF JUSTICE
455 GOLDEN GATE AVENUE, SUITE 11000
SAN FRANCISCO, CA 94102-7004

Public: (415) 703-5500

Telephone: (415) 703-5970
Facsimile: (415) 703-1234
E-Mail: Tamar.Pachter@doj.ca.gov

October 2, 2009

BY HAND AND E-FILING

Molly C. Dwyer
Clerk of the Court
Ninth Circuit Court of Appeals
95 Seventh Street
San Francisco, CA 94103-1526

RE: Perry v. Schwarzenneger,

Case No. 09-16959_____

Dear Ms. Dwyer:

I write to inform the court that the Attorney General will not file a brief in opposition to
the Campaign for California Families’ (the Campaign) appeal of the decision denying its motion
to intervene. See Ninth Circuit Rule 31-2.3. The Attorney General did not oppose the motion in
the District Court and similarly will not oppose the appeal.

For the record, however, the Attorney General objects to the Campaign’s repeated
mischaracterization of the record regarding his position in the case below, as set forth it the
opening brief. The facts are these: the Attorney General admitted the material allegations of the
complaint and nominally opposed the Defendant-Intervenors’ motion for summary judgment.
The Attorney General has not, however, asked the district court to grant relief of any kind,
indicated that he will present any evidence, or advanced any particular argument.

To the extent that the Attorney General’s intentions in the case are an issue this Court
considers material to the appeal, the Attorney General urges the Court to disregard the
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Molly C. Dwyer, Clerk of Court

October 2, 2009
Page 2

Campaign’s characterizations and to rely exclusively on the record of what the Attorney General
has stated in filed documents or at hearing before the District Court.

Sincerely,

/s/Tamar Pachter

TAMAR PACHTER
Deputy Attorney General

For EDMUND G. BROWN JR.

Attorney General

TP:

cc: All counsel of record by e-filing

SA2009102343
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CERTIFICATE OF SERVICE
Case Name: Kristin M. Perry, et al. v. No. 09-16959
Arnold Schwarzenegger, et al.

I hereby certify that on October 2, 2009, I electronically filed the following documents with the
Clerk of the Court by using the CM/ECF system:
Letter Dated October 2, 2009
Participants in the case who are registered CM/ECF users will be served by the CM/ECF system.
I further certify that some of the participants in the case are not registered CM/ECF users. On
October 2, 2009, I have mailed the foregoing document(s) by First-Class Mail, postage prepaid,
or have dispatched it to a third party commercial carrier for delivery within three (3) calendar
days to the following non-CM/ECF participants:

SEE ATTACHED "SERVICE LIST"

I declare under penalty of perjury under the laws of the State of California the foregoing is true
and correct and that this declaration was executed on October 2, 2009, at San Francisco,
California.

Pearl Lim /s/ Pearl Lim

Declarant Signature

20225350.doc
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Perry Service List

Thoedore H. Uno
Boies, Schiller & Flexner
333 Main Street
Armonk, NY 10504

Rena M. Lindevaldsen
Liberty Counsel
Suite 2775
P. O. Box 11108
Lynchburg, VA 24502-2272

SA2009310603
20223548.doc