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Mary E. McAlister California Bar Number 148570 Liberty Counsel P.O. Box 11108 Lynchburg, VA 24506 (434) 592-7000 (telephone) (434) 592-7700 (facsimile) court@lc.org Email Attorney for Plaintiffs

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION DAVID PICKUP, CHRISTOPHER H. ROSIK, PH.D., JOSEPH NICOLOSI, PH.D, ROBERT VAZZO, NATIONAL ASSOCIATION FOR RESEARCH AND THERAPY OF HOMOSEXUALITY (NARTH), AMERICAN ASSOCIATION OF CHRISTIAN COUNSELORS (AACC) JOHN DOE 1, by and through JACK AND JANE DOE 1, JACK DOE 1, individually, and JANE DOE 1, individually, JOHN DOE 2, by and through JACK AND JANE DOE 2, JACK DOE 2, individually, JANE DOE 2, individually; Case #2:12CV02497KJMEFB Plaintiffs v. EDMUND G. BROWN, Jr. Governor of the State of California, in his official capacity; ANNA M. CABALLERO, Secretary of the State and Consumer Services Agency of the State of California, in her official capacity, KIM MADSEN, Executive Officer of the California Board of Behavioral Sciences, in her official capacity; MICHAEL ERICKSON, PH.D, President of the California Board of Psychology, in his official capacity; SHARON LEVINE, President of the Medical Board of California, in her official capacity. Defendants. PLAINTIFFS APPLICATION FOR LEAVE TO FILE EXCESS PAGES

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Plaintiffs, by and through their counsel of record, apply for leave to file a Memorandum of Points and Authorities in excess of the 20-page limit in Judge Muellers Standing Order, based upon the following: INTRODUCTION On October 4, 2012, Plaintiffs filed their Complaint and Motion for Preliminary Injunction with accompanying Memorandum of Law and Declarations in support of the Motion. (Dkt. #s 1 to 3-11). Following the filing of the initial documents, Plaintiffs learned that the case had been assigned to the Honorable Kimberly J. Mueller and received a copy of Judge Muellers Standing Order, which imposes a 20-page limit on Memoranda in support of motions. (Standing Order, page 4, lines 1-4). Plaintiffs learned of the 20-page limit after submitting the Memorandum in support of its Motion for a Preliminary Injunction, which totals 58 pages. (Dkt # 3). The unprecedented nature of the statute being challenged, the number of Plaintiffs , and the different ways in which the three categories of Plaintiffs are affected (clients, parents, counselors, organizations) are extenuating circumstances that present good cause for exceeding the usual page limit. On that basis, Plaintiffs respectfully request that its application for leave to file excess pages be granted. Sen. Lieu, the author of SB 1172, the subject of Plaintiffs challenge, emphasized that the law prohibiting Sexual Orientation Change Efforts (SOCE) for minors is the first in the country. See Assembly Floor Analysis, SB 1172, 20112012SB1172_AssemblyFloorAnalysis.pdf, available at http://leginfo.legislature.ca.gov/faces/billHistoryClient.xhtml (last visited October 10, 2012). The legislation is not only precedential, but also far-reaching in its scope, as it intrudes into the psychotherapist-patient and parent-child relationship to prohibit a particular type of therapy regardless of whether the clients and their parents have consented and requested

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the treatment after receiving informed consent. The ramifications of this legislation are extraordinary, potentially affecting the lives and well-being of thousands of children and parents and the livelihood of thousands of mental health professionals in California and throughout the nation. The extraordinary nature of the legislation necessitates an extraordinary and complex challenge to prevent irreparable injuries to thousands of California citizens. REASONS FOR GRANTING LEAVE TO FILE EXCESS PAGES . Plaintiffs are among the thousands who face irreparable harm to their personal well-

being, familial relationships, therapist-client relationships and their livelihoods if SB 1172 is permitted to become law on January 1, 2013. See Declarations in Support of Preliminary Injunction (Dkt.#s 3-1 to 3-11). The legislation eviscerates fundamental constitutional rights in a number of contexts. In order to fully explain the extensive injuries wrought by this legislation and obtain judicial relief, it is necessary for Plaintiffs to set forth a detailed factual statement and legal analysis. Meeting that obligation for 11 Plaintiffs with different backgrounds, stories and circumstances requires more than the average of 2 pages per Plaintiff which would be permitted under the Standing Order. Plaintiffs Memorandum of Law in Support of Declaratory and Injunctive Relief (Memorandum) accomplishes those purposes in approximately 5 pages per Plaintiff. In addition, Plaintiffs Memorandum sets forth the factual background in a 15 page summary before the argument. These facts, set forth separately in the Complaint and Declarations in support of the Memorandum, are better understood and applied to the arguments in this helpful summary form than in their current discrete and disconnected form. Because the legislation will take effect on January 1, 2013 and will immediately affect ongoing therapy, therapist-client relationships and parental relationships, Plaintiffs are seeking immediate judicial relief. As this Court has held, preliminary injunctions are considered

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Case 2:12-cv-02497-KJM-EFB Document 18 Filed 10/11/12 Page 4 of 5 extraordinary remedies that should not be granted unless the moving party clearly establishes its entitlement to relief. Indep. Living Ctr. of S. California, Inc. v. Leavitt, 2006 WL 1409621 (E.D. Cal. May 19, 2006) (citing Mazurek v. Armstrong, 520 U.S. 968, 972 (1997) (emphasis added)). Therefore, Plaintiffs must clearly establish that they are likely to succeed on the merits, they are likely to suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in their favor, and that the injunction is in the public interest. Associated Press v. Otter, 682 F.3d 821, 823-24 (9th Cir. 2012). The far-reaching ramifications of SB 1172 are different for each of the 11 Plaintiffs, as some will be personally affected in their ongoing attempts to improve their well-being, their participation in therapy to improve familial relationships, their ongoing therapeutic relationships with clients and their ability to earn a living. In order for each Plaintiff to demonstrate that he is likely to prevail upon the merits, he must provide factual background and legal analysis relevant to his particular situation. Since there are 11 Plaintiffs, this requires more than two pages per person or association, and being limited to only a 2-page average for analysis would greatly impair the Plaintiffs ability to clearly establish that they are likely to prevail and that they have suffered and will continue to suffer irreparable injury. The nature of the rights affected by SB 1172 requires a thorough discussion to provide this Court with the information necessary to provide a reasoned analysis. Approving Plaintiffs application to file excess pages fosters judicial efficiency and economy. Plaintiffs have chosen to bring a single lawsuit instead of multiple individual actions to challenge the varying harms SB 1172 poses to their constitutional rights. Had Plaintiffs chosen to file individual lawsuits, then each Plaintiff would have been entitled to file a 20-page Memorandum to support motions for Preliminary Injunction. This would have resulted in multiple memoranda totaling more than 100 pages, instead of the single 58-page Memorandum

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submitted to the Court. Consequently, the parties and the Court can address the issues posed by SB 1172 in a more effective and streamlined manner, leading to one consistent ruling instead of possibly multiple conflicting rulings. The extraordinary nature of SB 1172, of the constitutional injuries inflicted upon Plaintiffs and thousands of other Californians, and the extraordinary nature of the injunctive relief sought by Plaintiffs militate in favor of granting Plaintiffs request to file a Memorandum in excess of the 20 pages permitted under the Standing Order. CONCLUSION Plaintiffs have established good cause for an exception to the 20-page limit in the Standing Order. Consequently, Plaintiffs respectfully request that the Application for leave to file excess pages be granted.

Dated this 11th day of October, 2012.

/s/ Mary E. McAlister Mary E, McAlister California Bar No. 148570 Mathew D. Staver* Rena M. Lindevaldsen* LIBERTY COUNSEL Attorneys for Plaintiffs P.O. Box 11108 Lynchburg, VA 24502 Tel. 434-592-7000 Fax: 434-592-7700 court@LC.org * Application to appear Pro Hac Vice pending

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Mary E. McAlister California Bar Number 148570 Liberty Counsel P.O. Box 11108 Lynchburg, VA 24506 (434) 592-7000 (telephone) (434) 592-7700 (facsimile) court@lc.org Email Attorney for Plaintiffs

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION DAVID PICKUP, CHRISTOPHER H. ROSIK, PH.D., JOSEPH NICOLOSI, PH.D, ROBERT VAZZO, NATIONAL ASSOCIATION FOR RESEARCH AND THERAPY OF HOMOSEXUALITY (NARTH), AMERICAN ASSOCIATION OF CHRISTIAN COUNSELORS (AACC) JOHN DOE 1, by and through JACK AND JANE DOE 1, JACK DOE 1, individually, and JANE DOE 1, individually, JOHN DOE 2, by and through JACK AND JANE DOE 2, JACK DOE 2, individually, JANE DOE 2, individually; Case #2:12CV02497KJMEFB Plaintiffs v. EDMUND G. BROWN, Jr. Governor of the State of California, in his official capacity; ANNA M. CABALLERO, Secretary of the State and Consumer Services Agency of the State of California, in her official capacity, KIM MADSEN, Executive Officer of the California Board of Behavioral Sciences, in her official capacity; MICHAEL ERICKSON, PH.D, President of the California Board of Psychology, in his official capacity; SHARON LEVINE, President of the Medical Board of California, in her official capacity. Defendants.

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[PROPOSED] ORDER GRANTING APPLICATION FOR LEAVE TO FILE EXCESS PAGES Before this Court is Plaintiffs Application for leave to file a Memorandum of Points and Authorities in excess of 20 pages. Upon review of the Application and the pleadings on file in this action, the Court finds good cause for granting the requested relief. Therefore, IT IS HEREBY ORDERED that Plaintiffs Application is granted and Plaintiffs are permitted to file a Memorandum of Points and Authorities in Support of their Motion for Preliminary Injunction in excess of 20 pages. IT IS SO ORDERED.

Dated this ____ day of October, 2012.

________________________________ Kimberly J. Mueller United States District Judge

ORDER GRANTING APPLICATION FOR LEAVE TO FILE EXCESS PAGES