This is the third discovery issued to parties in Perry v. Schwarzenneger. (See my last post about the discovery dispute here.) [November 20th: A reader has helpfully corrected my oversight. Judge Joseph Spero issued the order on behalf of Judge Vaugn Walker.] Thanks to California attorney Rick Xiao for alerting me to today's order and for commenting about it:
Today Judge [Spero] dropped the hammer on Prop. 8 proponents and ordered immediate production of internal communications concerning their campaign strategies and messages to voters. Among other things, Judge [Spero] admonished Prop. 8 proponents that his previous discovery orders, while being appealed to the Ninth Circuit, remain in effect because the appellate court has not issued a stay. Thus, Prop. 8 proponents risk contempt of the court if they continue to withhold production. According to today’s order, Prop. 8 proponents are ordered to produce additional responsive documents on a rolling basis to conclude not later than the close of fact discovery on November 30, 2009.