3:10-cv-00257 #132

Upload: equality-case-files

Post on 07-Apr-2018

220 views

Category:

Documents


0 download

TRANSCRIPT

  • 8/6/2019 3:10-cv-00257 #132

    1/9

    1

    2

    3

    45

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    26

    27

    28

    MICHAEL F. HERTZDeputy Assistant Attorney GeneralMELINDA HAAGUnited States AttorneyARTHUR R. GOLDBERGAssistant Branch Director

    CHRISTOPHER R. HALLTrial AttorneyUnited States Department of JusticeCivil Division, Federal Programs Branch

    P.O. Box 883Washington, D.C. 20044Telephone: (202) 514-4778Facsimile: (202) 616-8470Email: [email protected]

    Attorneys for Defendants

    UNITED STATES DISTRICT COURT

    NORTHERN DISTRICT OF CALIFORNIA

    SAN FRANCISCO DIVISION

    KAREN GOLINSKI

    Plaintiff,

    v.

    THE UNITED STATES OFFICE OF

    PERSONNEL MANAGEMENT, et al.

    Defendants.

    ____________________________________

    )))))))

    )))))

    No. C 3:10-00257-JSW

    DEFENDANTS ADMINISTRATIVE

    MOTION TO ENLARGE PERIOD TO

    FILE A BRIEF IN RESPONSE TO

    MOTIONS TO DISMISS AND TO

    EXCEED PAGE LIMITATIONS

    Defendants United States Office of Personnel Management (OPM) and John Berry,

    Director of OPM, respectfully move the Court for an order: (1) enlarging, to the extent necessary,

    the period to respond to the pending motion to dismiss, ECF No. 118, and the motion to dismiss

    and supporting memorandum of the Intervenor, the Bipartisan Litigation Advisory Group of the

    United States House of Representatives (BLAG), in support of its motion to dismiss, ECF No.

    119, to July 1, 2011, to permit Defendants to file a brief in response to those submissions; and (2)

    permitting Defendants to file a responsive brief of up to thirty (30) pages.

    Pursuant to L.Civ.R. 6-1, Defendants conferred multiple times with counsel for Plaintiff

    Defendants Administrative Motion to Enlarge P eriod to File a Brief in Response to M otions to Dismiss and to

    Exceed Page Limitations

    3:10cv257-JSW

    Case3:10-cv-00257-JSW Document132 Filed06/22/11 Page1 of 3

    mailto:[email protected]:[email protected]:[email protected]
  • 8/6/2019 3:10-cv-00257 #132

    2/9

    1

    2

    3

    45

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    26

    27

    28

    and BLAG in an effort to reach agreement on the concept of a stipulated order permitting this or

    similar relief. Counsel for Plaintiff agreed to the relief requested herein subject to the condition

    that Plaintiff be provided until July 15, 2011, to file a response or reply to Defendants brief, as

    appropriate. However, counsel for BLAG ultimately represented that BLAG would oppose thismotion.

    As good cause for this motion, Defendants state as follows:

    As set forth in previous submissions to the Court, the Executive Branch believes that

    Section 3 of DOMA is subject to heightened constitutional scrutiny and is unconstitutional under

    that standard. ECF Nos. 96, 112. On that basis, the Department of Justice will no longer defend

    the constitutionality of Section 3, although the Executive departments and agencies will continue

    to comply with Section 3, pursuant to the Presidents direction, unless and until Section 3 is

    repealed by Congress or there is a definitive ruling by the Judicial Branch that Section 3 is

    unconstitutional. In view of that position, BLAG has moved to intervene for the limited purpose

    of defending the constitutionality of Section 3, ECF No. 103, and has moved pursuant to Fed. R.

    Civ. P. 12(b)(6) to dismiss Plaintiffs claim challenging the constitutionality of Section 3. ECF

    No. 119. As previously explained, the Department of Justice has likewise submitted a motion to

    dismiss to ensure that this Court can consider arguments on both sides of the constitutional issue

    and to ensure that this Court has jurisdiction to enter judgment on the basis of those arguments.

    ECF No. 118.

    As the Department of Justice previously indicated, it also intends to file a brief that

    presents the governments position on Plaintiffs equal protection challenge and intends to do

    so at the appropriate procedural stage of this action, pursuant to any scheduling order entered by

    this Court or otherwise. Id. The Department of Justice is preparing such a brief to be filed in

    response to the pending motions to dismiss, and anticipates that it will be prepared to submit

    such a brief to the Court by July 1, 2011. Thus, to the extent that the time for filing such a brief

    by Defendants is or may be subject to the schedule governing briefing on the pending motions to

    dismiss entered by the Courts Order of June 15, 2011, ECF No. 128, Defendants respectfully

    Defendants Administrative Motion to Enlarge P eriod to File a Brief in Response to M otions to Dismiss and to

    Exceed Page Limitations

    3:10cv257-JSW 2

    Case3:10-cv-00257-JSW Document132 Filed06/22/11 Page2 of 3

  • 8/6/2019 3:10-cv-00257 #132

    3/9

    1

    2

    3

    45

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    26

    27

    28

    request that the Court extend such time by one week from June 24, 2011, through and including

    July 1, 2011.

    Likewise, Defendants respectfully request that the Court enlarge the page limitations

    applicable to any such brief pursuant to 6 of the Courts Standing Order and thereby allowDefendants to submit a brief of up to thirty (30) pages. Such an enlargement is necessary to

    permit the Department of Justice to fully and adequately present the governments position on

    Plaintiffs equal protection challenge, and would be consistent with the enlargement previously

    granted to BLAG for its memorandum in support of its motion to dismiss, ECF No. 115, and to

    Plaintiff for her opposition to the motion to dismiss. ECF No. 128.

    Dated: June 22, 2011

    Respectfully Submitted,

    MICHAEL F. HERTZDeputy Assistant Attorney General

    MELINDA HAAGUnited States Attorney

    ARTHUR R. GOLDBERGAssistant Branch Director

    /s/ Christopher R. Hall

    CHRISTOPHER R. HALLD.C. Bar No. 468827Trial AttorneyU.S. Department of JusticeCivil Division, Federal Programs BranchP.O. Box 883Washington, D.C. 20044(202) 514-4778 (telephone)(202) 616-8470 (fax)

    Attorneys for Defendants

    Defendants Administrative Motion to Enlarge P eriod to File a Brief in Response to M otions to Dismiss and to

    Exceed Page Limitations

    3:10cv257-JSW 3

    Case3:10-cv-00257-JSW Document132 Filed06/22/11 Page3 of 3

  • 8/6/2019 3:10-cv-00257 #132

    4/9

    Case3:10-cv-00257-JSW Document132-1 Filed06/22/11 Page1 of 4

  • 8/6/2019 3:10-cv-00257 #132

    5/9

    Case3:10-cv-00257-JSW Document132-1 Filed06/22/11 Page2 of 4

  • 8/6/2019 3:10-cv-00257 #132

    6/9

    Case3:10-cv-00257-JSW Document132-1 Filed06/22/11 Page3 of 4

  • 8/6/2019 3:10-cv-00257 #132

    7/9

    Case3:10-cv-00257-JSW Document132-1 Filed06/22/11 Page4 of 4

  • 8/6/2019 3:10-cv-00257 #132

    8/9

    1

    2

    3

    45

    6

    7

    8

    9

    10

    11

    12

    13

    14

    15

    16

    17

    18

    19

    20

    21

    22

    23

    24

    25

    26

    27

    28

    MICHAEL F. HERTZDeputy Assistant Attorney GeneralMELINDA HAAGUnited States AttorneyARTHUR R. GOLDBERGAssistant Branch Director

    CHRISTOPHER R. HALLTrial AttorneyUnited States Department of JusticeCivil Division, Federal Programs Branch

    P.O. Box 883Washington, D.C. 20044Telephone: (202) 514-4778Facsimile: (202) 616-8470Email: [email protected]

    Attorneys for Defendants

    UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIA

    SAN FRANCISCO DIVISION

    KAREN GOLINSKI

    Plaintiff,

    v.

    THE UNITED STATES OFFICE OF

    PERSONNEL MANAGEMENT andJOHN BERRY, Director of the Office ofPersonnel Management, in his officialcapacity

    Defendants.

    ____________________________________

    )))))))

    ))))))))

    No. C 3:10-00257-JSW

    [PROPOSED] ORDER

    Upon consideration of Defendants Administrative Motion to Enlarge Period to

    File a Brief in Response to Motions to Dismiss and to Exceed Page Limitations, and any

    opposition thereto, the Court hereby GRANTS Defendants motion and orders as follows:

    The period for Defendants to file a brief in response to the Motions to Dismiss is

    enlarged through and including July 1, 2011;

    Defendants are permitted to file a brief in response to the Motions to Dismiss of

    up to thirty (30) pages in length; and

    Plaintiffs period to file a response or reply to Defendants brief in response to the

    Case3:10-cv-00257-JSW Document132-2 Filed06/22/11 Page1 of 2

    mailto:[email protected]:[email protected]:[email protected]
  • 8/6/2019 3:10-cv-00257 #132

    9/9