Christopher Hall@usdoj Gov
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Equality Case FilesCase3:10-cv-00257-JSW Document132
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MICHAEL F. HERTZ Deputy Assistant Attorney General MELINDA HAAG United States Attorney ARTHUR R. GOLDBERG Assistant Branch Director CHRISTOPHER R. HALL Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, D.C. 20044 Telephone: (202) 514-4778 Facsimile: (202) 616-8470 Email: [email protected] Attorneys for Defendants
10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 KAREN GOLINSKI 14 15 16 17 18 19 20 Defendants United States Office of Personnel Management (OPM) and John Berry, 21 Director of OPM, respectfully move the Court for an order: (1) enlarging, to the extent necessary, 22 the period to respond to the pending motion to dismiss, ECF No. 118, and the motion to dismiss 23 and supporting memorandum of the Intervenor, the Bipartisan Litigation Advisory Group of the 24 United States House of Representatives (BLAG), in support of its motion to dismiss, ECF No. 25 119, to July 1, 2011, to permit Defendants to file a brief in response to those submissions; and (2) 26 permitting Defendants to file a responsive brief of up to thirty (30) pages. 27 Pursuant to L.Civ.R. 6-1, Defendants conferred multiple times with counsel for Plaintiff 28
Defendants Administrative Motion to Enlarge Period to File a Brief in Response to Motions to Dismiss and to Exceed Page Limitations 3:10cv257-JSW
) ) 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
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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 this motion. 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 Period to File a Brief in Response to Motions to Dismiss and to Exceed Page Limitations 3:10cv257-JSW
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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 allow Defendants 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. HERTZ Deputy Assistant Attorney General MELINDA HAAG United States Attorney ARTHUR R. GOLDBERG Assistant Branch Director /s/ Christopher R. Hall CHRISTOPHER R. HALL D.C. Bar No. 468827 Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, D.C. 20044 (202) 514-4778 (telephone) (202) 616-8470 (fax) Attorneys for Defendants
Defendants Administrative Motion to Enlarge Period to File a Brief in Response to Motions to Dismiss and to Exceed Page Limitations 3:10cv257-JSW
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MICHAEL F. HERTZ Deputy Assistant Attorney General MELINDA HAAG United States Attorney ARTHUR R. GOLDBERG Assistant Branch Director CHRISTOPHER R. HALL Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch P.O. Box 883 Washington, D.C. 20044 Telephone: (202) 514-4778 Facsimile: (202) 616-8470 Email: [email protected] Attorneys for Defendants
10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 SAN FRANCISCO DIVISION 13 KAREN GOLINSKI 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ) ) Plaintiff, ) ) v. ) ) THE UNITED STATES OFFICE OF ) PERSONNEL MANAGEMENT and ) JOHN BERRY, Director of the Office of ) Personnel Management, in his official ) capacity ) ) Defendants. ) ) ____________________________________ ) No. C 3:10-00257-JSW [PROPOSED] ORDER
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Motions to Dismiss, as appropriate, is enlarged through and including July 15, 2011. IT IS SO ORDERED.
Dated: __________
