Case: Dragovich v. U.S. Department of Treasury

4:10-cv-01564 | U.S. District Court for the Northern District of California

Filed Date: April 13, 2010

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On April 13, 2010, several employees of the State of California with same-sex domestic partners or spouses recognized under California law filed a class action lawsuit in the U.S. District Court for the Northern District of California, Oakland Division, under 42 U.S.C. § 1983, the Declaratory Judgment Act, 28 U.S.C. § 2201, and the Administrative Procedure Act, 5 U.S.C. § 702, against the U.S. Department of the Treasury and the Board of Administrators of the California Public Employees' Retirem…

On April 13, 2010, several employees of the State of California with same-sex domestic partners or spouses recognized under California law filed a class action lawsuit in the U.S. District Court for the Northern District of California, Oakland Division, under 42 U.S.C. § 1983, the Declaratory Judgment Act, 28 U.S.C. § 2201, and the Administrative Procedure Act, 5 U.S.C. § 702, against the U.S. Department of the Treasury and the Board of Administrators of the California Public Employees' Retirement System (CalPERS). The plaintiffs, represented by private and public interest counsel, asked the court for declaratory and injunctive relief, alleging violations of the Fifth and Fourteenth Amendments. Specifically, the plaintiff claimed that the federal Defense of Marriage Act (DOMA) and a provision of the federal tax code violate the Constitution's guarantees of equal protection and substantive due process by barring the same-sex legal spouses and registered domestic partners of California public employees from enrollment in the CalPERS long-term care plan, even though opposite-sex legal spouses are permitted to enroll.

The plaintiffs' initial complaint included only claims by same-sex married couples and none by same-sex domestic partners. On January 18, 2011, the Court (Judge Claudia A. Wilken) denied a defense motion to dismiss these claims, finding that the plaintiffs had "sufficiently stated a claim that the laws at issue...do not bear a rational relationship to a legitimate government interest." Dragovich v. U.S. Dep't of the Treasury, 764 F. Supp. 2d 1178 (N.D. Cal. 2011).

Shortly after this, on February 25, 2011, the Department of Justice, representing the federal defendants, notified the court that it had come to the conclusion that § 3 of DOMA is unconstitutional and that it would thus cease to defend that provision. In response, the House Bipartisan Legal Advisory Group intervened to provide a defense.

On September 17, 2011, plaintiffs submitted an amended complaint including claims by same-sex domestic partners. The Department of Justice, while no longer opposing the claims of the same-sex married couples, moved to dismiss these new claims. On January 26, 2012, however, the Court (Judge Wilken) denied this motion, finding plaintiffs had sufficiently stated a claim for domestic partners as well. Dragovich v. U.S. Dep't of the Treasury, No. C 10-01564 CW, 2012 WL 253325 (N.D. Cal. Jan. 26, 2012).

Meanwhile, on January 19, 2012, the plaintiffs moved for summary judgment, and the Department of Justice submitted a brief supporting the motion as it pertained to same-sex married couples. It made a cross-motion for summary judgment as to the domestic partnership claims, and defendant-intervenors cross-moved for summary judgment as to all claims.

On May 24, 2012, the District Court (Judge Wilken) granted the plaintiffs' motion for summary judgment and denied the cross-motions of defendants and defendant-intervenors. It held that Section 3 of DOMA violates the equal protection rights of same-sex spouses and that Section 7702B9(f)(C) of the Internal Revenue Code violates the equal protection rights of registered domestic partners, and issued an injunction prohibiting CalPERS from denying enrollment to same-sex spouses or registered domestic partners based on those provisions. It also enjoined the Treasury from disqualifying CalPERS's plan from beneficial tax treatment for following its order. The order was stayed pending appeal.

On October 28, 2013, the 9th Circuit granted appellants motion to vacate in part and remanded the case for further processing consistent with United States v. Windsor and Hollingsworth v. Perry. On November 26, 2013, Judge Wilken ordered briefing regarding subsequent legal developments, including the Windsor and Perry cases, and their implication on this case. On August 28, 2014, plaintiffs moved for additional remedies in the case, for leave to file a supplemental complaint, and for summary judgment. The defendants replied in opposition and filed cross motions for summary judgment. The court heard the proceedings on November 20, 2014.

The court issued its order on December 4, 2014, maintaining the judgment in favor of the plaintiffs as to same-sex spouse class members and granting the defendants' request for summary judgment as to same-sex registered domestic partner class members. The court found that there was insufficient evidence of ongoing discrimination against the latter group in light of the and Perry decisions, because such couples were now free to get marriage licenses and enroll in the CalPERS long-term care plan. 2014 U.S. Dist. LEXIS 168539.

The court awarded plaintiffs $95,000 in attorneys' fees and costs on October 20, 2015.

The case is now closed.

Summary Authors

Christopher Schad (5/29/2012)

Chris MacColl (3/17/2014)

Alex Wharton (12/3/2014)

Virginia Weeks (2/22/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4177174/parties/dragovich-v-united-states-department-of-the-treasury/


Judge(s)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Center, Claudia B. (California)

Clayton, Patrick Bradford (California)

Gregory, Shelley Ann (California)

Kristen, Elizabeth (California)

Mason, Daniel Simon (California)

McNeill, William Clarence III (California)

Rankie, Heather T. (California)

Rifkin, Lori Ellen (California)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Judge(s)

Wilken, Claudia Ann (California)

Attorneys(s) for Plaintiff

Center, Claudia B. (California)

Clayton, Patrick Bradford (California)

Gregory, Shelley Ann (California)

Kristen, Elizabeth (California)

Mason, Daniel Simon (California)

McNeill, William Clarence III (California)

Rankie, Heather T. (California)

Rifkin, Lori Ellen (California)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Goldberg, Arthur Robert (District of Columbia)

Hartnett, Kathleen R. (District of Columbia)

Lin, Jean (District of Columbia)

Morrow, Jennifer Lynn (California)

West, Tony (District of Columbia)

Other Attorney(s)

Bartolomucci, H. Christopher (District of Columbia)

Clement, Paul D. (District of Columbia)

Dugan, Conor Brendan (District of Columbia)

Kircher, Kerry W. (District of Columbia)

Documents in the Clearinghouse

Document

4:10-cv-01564

Docket [PACER]

Dragovich v. U.S. Department of the Treasury

Nov. 9, 2015

Nov. 9, 2015

Docket
56

4:10-cv-01564

Order Denying Federal Defendants' Motion to Dismiss

Dragovich v. U.S. Department of the Treasury

764 F.Supp.2d 1178

Jan. 18, 2011

Jan. 18, 2011

Order/Opinion
64

4:10-cv-01564

Notice to the Court by Federal Defendants

Dragovich v. U.S. Department of the Treasury

Feb. 25, 2011

Feb. 25, 2011

Notice Letter
95

4:10-cv-01564

Second Amended Complaint for Injunctive and Declaratory Relief

Dragovich v. U.S. Department of the Treasury

Sept. 7, 2011

Sept. 7, 2011

Complaint
112

4:10-cv-01564

Order Denying Federal Defendants' Motion to Dismiss Certain Claims

Dragovich v. U.S. Department of the Treasury

2012 WL 253325

Jan. 26, 2012

Jan. 26, 2012

Order/Opinion
124

4:10-cv-01564

Order Granting Plaintiffs' Motion for Summary Judgment and Denying the BLAG's and Federal Defendants' Crossmotions for Summary Judgment

Dragovich v. U.S. Department of the Treasury

872 F.Supp.2d 944, 2012 WL 1909603

May 24, 2012

May 24, 2012

Order/Opinion
147

4:10-cv-01564

Order Vacating in Part

Dragovich v. United States Department of the Treasury

U. S. Court of Appeals for the Ninth Circuit

Oct. 28, 2013

Oct. 28, 2013

Order/Opinion
157

4:10-cv-01564

Order Denying Motion to Withdraw

Dragovich v. United States Department of the Treasury

Jan. 17, 2014

Jan. 17, 2014

Order/Opinion
192

4:10-cv-01564

Order Denying Plaintiffs' Motions (1) for Class Notice; (2) for Additional Remedies; (3) for Leave to Supplement the Complaint; (4) for Summary Adjudication; and (5) to Compel Discovery, and Granting Defendants' Cross-Motions for Summary Judgment

Dragovich v. United States Department of the Treasury

2014 WL 6844926

Dec. 4, 2014

Dec. 4, 2014

Order/Opinion
218

4:10-cv-01564

Plaintiffs' and Federal Defendants' Stipulation Regarding Attorneys' Fees and Costs and Order

Dragovich v. United States Department of the Treasury

Oct. 20, 2015

Oct. 20, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4177174/dragovich-v-united-states-department-of-the-treasury/

Last updated July 24, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT for Injunctive and Declaratory Relief against Board of Administration of California Public Employees' Retirement System, Timothy Geithner, Internal Revenue Service, Douglas Shulman, Anne Stausboll, United States Department of the Treasury (Filing fee $ 350.00, receipt number 34611044628). Filed by Michael Gaitley, Elizabeth Litteral, Carolyn Light, Cheryl Light, Michael Dragovich, Patricia Fitzsimmons. (Attachments: # 1 Civil Cover Sheet) (gba, COURT STAFF) (Filed on 4/13/2010) (Entered: 04/13/2010)

1 Civil Cover Sheet

View on PACER

April 13, 2010

April 13, 2010

RECAP
2

Summons Issued as to Board of Administration of California Public Employees' Retirement System, Timothy Geithner, Internal Revenue Service, Douglas Shulman, Anne Stausboll, United States Department of the Treasury. (gba, COURT STAFF) (Filed on 4/13/2010) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

PACER
3

ADR SCHEDULING ORDER: Case Management Statement due by 7/16/2010. Case Management Conference set for 7/23/2010 01:30 PM in Courtroom A, 15th Floor, San Francisco. (gba, COURT STAFF) (Filed on 4/13/2010) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

PACER
4

CLERKS NOTICE to Plaintiffs re: Consent or Declination to Proceed before a U.S. Magistrate Judge. Form due by 5/5/10. (klh, COURT STAFF) (Filed on 4/21/2010) (Entered: 04/21/2010)

April 21, 2010

April 21, 2010

PACER
5

NOTICE of Appearance by Jean Lin for Federal Defendants (Lin, Jean) (Filed on 4/29/2010) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

PACER
6

Declination to Proceed Before a U.S. Magistrate Judge by Timothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. (Lin, Jean) (Filed on 4/29/2010) (Entered: 04/29/2010)

April 29, 2010

April 29, 2010

PACER
7

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (klh, COURT STAFF) (Filed on 4/30/2010) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
8

AFFIDAVIT of Service for Summons served on Anne Stausboll on 4/19/2010, filed by Michael Dragovich. (Center, Claudia) (Filed on 4/30/2010) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
9

AFFIDAVIT of Service for Summons served on Board of Administration, CalPERS on 4/19/2010, filed by Michael Dragovich. (Center, Claudia) (Filed on 4/30/2010) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
10

CERTIFICATE OF SERVICE by Michael Dragovich re Douglas Shulman (Center, Claudia) (Filed on 4/30/2010) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
11

CERTIFICATE OF SERVICE by Michael Dragovich re IRS (Center, Claudia) (Filed on 4/30/2010) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
12

CERTIFICATE OF SERVICE by Michael Dragovich re Timothy Geithner (Center, Claudia) (Filed on 4/30/2010) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
13

CERTIFICATE OF SERVICE by Michael Dragovich re U.S. Dept of the Treasury (Center, Claudia) (Filed on 4/30/2010) (Entered: 04/30/2010)

April 30, 2010

April 30, 2010

PACER
14

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Claudia Wilken for all further proceedings. Judge Magistrate Judge Joseph C. Spero no longer assigned to the case. Signed by Executive Committee on 4/30/10. (mab, COURT STAFF) (Filed on 5/3/2010) (Entered: 05/03/2010)

May 3, 2010

May 3, 2010

PACER
15

CASE MANAGEMENT SCHEDULING ORDER FOR REASSIGNED CIVIL CASE: Case Management Statement due by 7/20/2010. Case Management Conference set for 7/27/2010 02:00 PM. Signed by Judge Claudia Wilken on 5/6/2010. (ndr, COURT STAFF) (Filed on 5/6/2010) Modified on 5/6/2010 (ndr, COURT STAFF). (Entered: 05/06/2010)

May 6, 2010

May 6, 2010

PACER
16

STIPULATION to Extend Time for Response to Complaint by Board of Administration of California Public Employees' Retirement System, Anne Stausboll. Michael Dragovich, Patricia Fitzsimmons, Michael Gaitley, Carolyn Light, Cheryl Light, Elizabeth Litteral. (Gregory, Edward) (Filed on 5/6/2010) Modified on 5/7/2010 (cp, COURT STAFF). (Entered: 05/06/2010)

May 6, 2010

May 6, 2010

PACER
17

NOTICE of Appearance by Edward George Gregory for Defendants CalPERS and Anne Stausboll (Gregory, Edward) (Filed on 5/6/2010) (Entered: 05/06/2010)

May 6, 2010

May 6, 2010

PACER
18

CERTIFICATE OF SERVICE by Michael Dragovich, Patricia Fitzsimmons, Michael Gaitley, Carolyn Light, Cheryl Light, Elizabeth Litteral re 15 Case Management Scheduling Order, (Gregory, Shelley) (Filed on 5/7/2010) (Entered: 05/07/2010)

May 7, 2010

May 7, 2010

PACER
19

ORDER re 16 Granting Stipulation to Extend Time for Response to Complaint. Signed by Judge Claudia Wilken on 5/12/2010. (ndr, COURT STAFF) (Filed on 5/12/2010) (Entered: 05/12/2010)

May 12, 2010

May 12, 2010

RECAP
20

STIPULATION to Extend Time for Federal Defendants to Respond to Complaint by Timothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury, Michael Dragovich, Patricia Fitzsimmons, Michael Gaitley, Carolyn Light, Cheryl Light, Elizabeth Litteral. (Lin, Jean) (Filed on 5/26/2010) Modified on 5/27/2010 (cp, COURT STAFF). (Entered: 05/26/2010)

May 26, 2010

May 26, 2010

PACER
21

ORDER re 20 Granting Stipulation to Extend Time for Federal Defendants to Respond to Complaint. Signed by Judge Claudia Wilken on 6/1/2010. (ndr, COURT STAFF) (Filed on 6/1/2010) (Entered: 06/01/2010)

June 1, 2010

June 1, 2010

RECAP
22

STIPULATION TO EXTEND TIME for Federal Defendants to Respond to Complaint by Board of Administration of California Public Employees' Retirement System, Anne Stausboll. (Gregory, Edward) (Filed on 6/2/2010) Modified on 6/3/2010 (vlk, COURT STAFF). (Entered: 06/02/2010)

June 2, 2010

June 2, 2010

PACER
23

STIPULATION AND ORDER: Allowing Defendants CalPERS and Stausboll an Extension of Time to file Answer to Complaint to 07/02/10. Signed by Judge Claudia Wilken on 6/4/2010. (ndr, COURT STAFF) (Filed on 6/4/2010) Modified on 6/7/2010 (jlm, COURT STAFF). (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

RECAP
24

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Gregory, Shelley) (Filed on 7/1/2010) (Entered: 07/01/2010)

July 1, 2010

July 1, 2010

PACER
25

MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted filed by Timothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. Motion Hearing set for 9/2/2010 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Attachments: # 1 Proposed Order)(Lin, Jean) (Filed on 7/2/2010) (Entered: 07/02/2010)

1

View on PACER

July 2, 2010

July 2, 2010

PACER
26

ANSWER to Complaint FOR INJUNCTIVE AND DECLARATORY RELIEF byBoard of Administration of California Public Employees' Retirement System, Anne Stausboll. (Attachments: # 1 ANSWER (PAGE 6-10 ), # 2 ANSWER (PAGE 11-15), # 3 ANSWER (PAGE 16-19))(Gregory, Edward) (Filed on 7/2/2010) (Entered: 07/02/2010)

July 2, 2010

July 2, 2010

PACER
27

ADR Clerks Notice Setting ADR Phone Conference on 7/21/10 at 11:30 a.m. Pacific time. Please take note that at the appointed time, all parties shall call 218-339-2500 and use access code 1057593. (sgd, COURT STAFF) (Filed on 7/6/2010) (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

PACER
28

Certificate of Interested Entities by Michael Dragovich (Gregory, Shelley) (Filed on 7/6/2010) Modified on 7/7/2010 (cp, COURT STAFF). (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

PACER
29

STIPULATION to Continue Case Management Conference and Proposed Order by Michael Dragovich, Board of Administration of California Public Employees' Retirement System, Timothy Geithner, Douglas Shulman, Anne Stausboll, United States of Department of Treasury, . (Attachments: # 1 Affidavit Declaration of Shelley A. Gregory in Support of Stipulation to Continue Case Management Conference)(Gregory, Shelley) (Filed on 7/6/2010) Modified on 7/7/2010 (cp, COURT STAFF). (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

PACER
30

Amended Notice of re 25 MOTION to Dismiss filed by Timothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. Motion Hearing set for 9/9/2010 02:00 PM in Courtroom 2, 4th Floor, Oakland. (Lin, Jean) (Filed on 7/8/2010) Modified on 7/9/2010 (cp, COURT STAFF). (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
31

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel-Michael Dragovich (Center, Claudia) (Filed on 7/8/2010) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
32

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel-Michael Gaitley (Center, Claudia) (Filed on 7/8/2010) (Entered: 07/08/2010)

July 8, 2010

July 8, 2010

PACER
33

ORDER re 29 Granting Stipulation to Continue Case Management Conference. Case Management Conference set for 8/3/2010 02:00 PM. Signed by Judge Claudia Wilken on 7/12/2010. (ndr, COURT STAFF) (Filed on 7/12/2010) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

RECAP
34

*** FILED IN ERROR. PLEASE SEE DOCKET # 38 . *** NOTICE by Michael Dragovich Notice of Constitutional Question (Gregory, Shelley) (Filed on 7/20/2010) Modified on 7/20/2010 (ewn, COURT STAFF). (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
35

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification By Parties and Counsel-Cheryl Light (Gregory, Shelley) (Filed on 7/20/2010) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
36

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel-Carolyn Light (Gregory, Shelley) (Filed on 7/20/2010) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
37

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Federal Defendants (Lin, Jean) (Filed on 7/20/2010) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
38

NOTICE by Michael Dragovich Notice of Constitutional Question (Gregory, Shelley) (Filed on 7/20/2010) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
39

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options BY PARTIES AND COUNSEL (Gregory, Edward) (Filed on 7/20/2010) (Entered: 07/20/2010)

July 20, 2010

July 20, 2010

PACER
40

CLERKS NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 9/2/2010. Case Management Conference set for 9/9/2010 02:00 PM. (ndr, COURT STAFF) (Filed on 7/26/2010) (Entered: 07/26/2010)

July 26, 2010

July 26, 2010

PACER
41

STIPULATION AND [PROPOSED] PROTECTIVE ORDER by Board of Administration of California Public Employees' Retirement System, Anne Stausboll. (Attachments: # 1 Part 2 0f 4, # 2 Part 3 of 4, # 3 Part 4 of 4)(Gregory, Edward) (Filed on 8/2/2010) (Entered: 08/02/2010)

Aug. 2, 2010

Aug. 2, 2010

PACER
42

ORDER re 41 Granting Stipulation and PROTECTIVE ORDER. Signed by Judge Claudia Wilken on 8/3/2010. (ndr, COURT STAFF) (Filed on 8/3/2010) (Entered: 08/03/2010)

Aug. 3, 2010

Aug. 3, 2010

RECAP
43

Memorandum in Opposition re 25 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted filed byMichael Dragovich, Michael Gaitley, Elizabeth Litteral, Patricia Fitzsimmons, Carolyn Light. (Center, Claudia) (Filed on 8/12/2010) Modified on 8/13/2010 (cp, COURT STAFF). Modified on 8/13/2010 (cp, COURT STAFF). (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

RECAP
44

DECLARATION of Patricia Fitzsimmons in support of 43 Memorandum in Opposition filed byMichael Dragovich, Michael Gaitley, Elizabeth Litteral, Patricia Fitzsimmons, Carolyn Light. (Related document(s) 43 ) (Center, Claudia) (Filed on 8/12/2010) Modified on 8/13/2010 (cp, COURT STAFF). (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

PACER
45

DECLARATION of Carolyn Light in support of 43 Memorandum in Opposition filed byMichael Dragovich, Michael Gaitley, Elizabeth Litteral, Patricia Fitzsimmons, Carolyn Light. (Related document(s) 43 ) (Center, Claudia) (Filed on 8/12/2010) Modified on 8/13/2010 (cp, COURT STAFF). (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

PACER
46

DECLARATION of Michael Dragovich in support of 43 Memorandum in Opposition filed byMichael Dragovich, Michael Gaitley, Elizabeth Litteral, Patricia Fitzsimmons, Carolyn Light. (Related document(s) 43 ) (Center, Claudia) (Filed on 8/12/2010) Modified on 8/13/2010 (cp, COURT STAFF). (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

PACER
47

DECLARATION of Claudia Center in support of 43 Memorandum in Opposition filed byMichael Dragovich, Michael Gaitley, Elizabeth Litteral, Patricia Fitzsimmons, Carolyn Light. (Attachments: # 1 Exhibit Exhibit A to Center Declaration, # 2 Exhibit Exhibit B to Center Declaration, # 3 Exhibit Exhibit C to Center Declaration, # 4 Exhibit Exhibit D and E to Center Declaration)(Related document(s) 43 ) (Center, Claudia) (Filed on 8/12/2010) Modified on 8/13/2010 (cp, COURT STAFF). (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

PACER
48

NOTICE by Michael Dragovich, Michael Gaitley, Elizabeth Litteral, Patricia Fitzsimmons, Carolyn Light of Association of Counsel (Center, Claudia) (Filed on 8/12/2010) Modified on 8/13/2010 (cp, COURT STAFF). (Entered: 08/12/2010)

Aug. 12, 2010

Aug. 12, 2010

PACER
49

REPLY in support re 25 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and for Failure to State a Claim Upon Which Relief Can Be Granted filed byTimothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. (Lin, Jean) (Filed on 8/26/2010) Modified on 8/27/2010 (cp, COURT STAFF). (Entered: 08/26/2010)

Aug. 26, 2010

Aug. 26, 2010

RECAP
50

CLERKS NOTICE CONTINUING MOTION TO DISMISS AND CASE MANAGEMENT CONFERENCE. Case Management Statement due by 9/30/2010. Case Management Conference set for 10/7/2010 02:00 PM. Motion Hearing set for 10/7/2010 02:00 PM. (ndr, COURT STAFF) (Filed on 9/2/2010) (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
51

JOINT CASE MANAGEMENT STATEMENT filed by Timothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury, Board of Administration of California Public Employees' Retirement System, Anne Stausboll, Michael Dragovich, Michael Gaitley, Elizabeth Litteral, Patricia Fitzsimmons, Carolyn Light, Cheryl Light. (Lin, Jean) (Filed on 9/2/2010) Modified on 9/3/2010 (kc, COURT STAFF). (Entered: 09/02/2010)

Sept. 2, 2010

Sept. 2, 2010

PACER
52

STIPULATION and Proposed Order to Continue Case Management Conference and Hearing of the Federal Defendants' Motion to Dismiss by Michael Dragovich, Board of Administration of California Public Employees' Retirement System, Timothy Geithner, Internal Revenue Service, Douglas Shulman, Anne Stausboll, United States of Department of the Treasury. (Center, Claudia) (Filed on 9/13/2010) Modified on 9/14/2010 (cp, COURT STAFF). (Entered: 09/13/2010)

Sept. 13, 2010

Sept. 13, 2010

PACER
53

ORDER re 52 Granting Stipulation to Continue Case Management Conference and Hearing of the Federal Defendants' Motion to Dismiss. Case Management Conference set for 10/14/2010 02:00 PM. Motion Hearing set for 10/14/2010 02:00 PM. Signed by Judge Claudia Wilken on 9/14/2010. (ndr, COURT STAFF) (Filed on 9/14/2010) (Entered: 09/14/2010)

Sept. 14, 2010

Sept. 14, 2010

RECAP
54

Minute Entry: Initial Case Management Conference held on 10/14/2010 before Claudia Wilken (Date Filed: 10/14/2010). to be filed) Dispositive Motion Hearing set for 2/24/2011 02:00 PM. (Court Reporter Diane Skillman.) (ndr, COURT STAFF) (Date Filed: 10/14/2010) (Entered: 10/29/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
55

Minute Entry: Motion Hearing held on 10/14/2010 before Claudia Wilken (Date Filed: 10/14/2010). (Court Reporter Diane Skillman.) (ndr, COURT STAFF) (Date Filed: 10/14/2010) (Entered: 10/29/2010)

Oct. 14, 2010

Oct. 14, 2010

PACER
56

ORDER by Judge Claudia Wilken DENYING FEDERAL DEFENDANTS 25 MOTION TO DISMISS. (ndr, COURT STAFF) (Filed on 1/18/2011) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

RECAP
57

STIPULATION and Proposed Order Re Plaintiffs' Motion for Class Certification by Michael Dragovich, Board of Administration of California Public Employees' Retirement System, Douglas Shulman, United States Department of the Treasury, et al. (Center, Claudia) (Filed on 1/19/2011) Modified on 1/21/2011 (cp, COURT STAFF). (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

RECAP
58

ORDER Granting 57 Stipulation Re Plaintiffs' Motion for Class Certification. Motion Hearing set for 6/9/2011 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 1/19/2011. (ndr, COURT STAFF) (Filed on 1/19/2011) (Entered: 01/19/2011)

Jan. 19, 2011

Jan. 19, 2011

RECAP
59

MOTION for Clarification of January 18, 2011 Order Denying Motion to Dismiss re 56 Order on Motion to Dismiss filed by Timothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. (Attachments: # 1 Proposed Order)(Lin, Jean) (Filed on 1/26/2011) Modified on 1/27/2011 (cp, COURT STAFF). (Entered: 01/26/2011)

Jan. 26, 2011

Jan. 26, 2011

PACER
60

ORDER by Judge Claudia Wilken REGARDING FEDERAL DEFENDANTS 59 MOTION FOR CLARIFICATION.(ndr, COURT STAFF) (Filed on 2/9/2011) (Entered: 02/09/2011)

Feb. 9, 2011

Feb. 9, 2011

RECAP
61

NOTICE of Change of Address by Claudia Center (Center, Claudia) (Filed on 2/18/2011) (Entered: 02/18/2011)

Feb. 18, 2011

Feb. 18, 2011

PACER
62

STIPULATION and Proposed Order Granting Plaintiffs Leave to File First Amended Complaint for Injunctive and Declaratory Relief by Michael Dragovich, United States Department of the Treasury, et al. (Attachments: # 1 Affidavit Declaration of Claudia Center, # 2 Exhibit Proposed First Amended Complaint for Injunctive and Declaratory Relief)(Center, Claudia) (Filed on 2/24/2011) Modified on 2/25/2011 (cp, COURT STAFF). (Entered: 02/24/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER
63

Transcript of Proceedings held on October 14, 2010, before Judge Claudia Wilken. Court Reporter Diane E. Skillman, Telephone number 510-451-2930, Diane_Skillman@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Redaction Request due 3/17/2011. Redacted Transcript Deadline set for 3/28/2011. Release of Transcript Restriction set for 5/25/2011. (Skillman, Diane) (Filed on 2/24/2011) (Entered: 02/24/2011)

Feb. 24, 2011

Feb. 24, 2011

PACER
64

NOTICE by Timothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury (Attachments: # 1 Attachment, # 2 Attachment)(Lin, Jean) (Filed on 2/25/2011) (Entered: 02/25/2011)

Feb. 25, 2011

Feb. 25, 2011

PACER
65

ORDER Granting 62 Plaintiffs Leave to File First Amended Complaint for Injunctive and Declaratory Relief. Signed by Judge Claudia Wilken on 3/1/2011. (ndr, COURT STAFF) (Filed on 3/1/2011) Modified on 3/2/2011 (cp, COURT STAFF). (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

RECAP
66

AMENDED COMPLAINT First Amended Complaint for Injunctive and Declaratory Relief against United States Department of the Treasury. Filed byMichael Dragovich. (Center, Claudia) (Filed on 3/1/2011) (Entered: 03/01/2011)

March 1, 2011

March 1, 2011

RECAP
67

MOTION to Stay Proceedings for Sixty Days; (Proposed) Order filed by Timothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. (Attachments: # 1 Proposed Order)(Lin, Jean) (Filed on 3/9/2011) Modified on 3/10/2011 (cp, COURT STAFF). (Entered: 03/09/2011)

March 9, 2011

March 9, 2011

PACER
68

RESPONSE (re 67 MOTION to Stay Proceedings for Sixty Days ) Plaintiffs' Opposition to the Federal Defendants' Motion For Stay filed byMichael Dragovich. (Attachments: # 1 Affidavit Declaration of Elizabeth Kristen, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B)(Kristen, Elizabeth) (Filed on 3/11/2011) (Entered: 03/11/2011)

March 11, 2011

March 11, 2011

PACER
69

ORDER by Judge Claudia Wilken Denying Federal Defendants' 67 Motion to Stay. (ndr, COURT STAFF) (Filed on 3/17/2011) (Entered: 03/17/2011)

March 17, 2011

March 17, 2011

RECAP
70

MOTION to Certify Class filed by Michael Dragovich. Motion Hearing set for 6/9/2011 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Affidavit Declaration of Patrick B. Clayton, # 3 Exhibit Exhibit A to the Declaration of Patrick B. Clayton, # 4 Affidavit Declaration of William C. McNeill, # 5 Affidavit Declaration of Claudia Center, # 6 Affidavit Declaration of Elizabeth Kristen, # 7 Exhibit Exhibits A-C to the Declaration of Elizabeth Kristen, # 8 Affidavit Declaration of Michael Dragovich, # 9 Exhibit Exhibits A-D to the Declaration of Michael Dragovich, # 10 Affidavit Declaration of Patricia Fitzsimmons, # 11 Affidavit Declaration of Joanne Schmidt, # 12 Affidavit Declaration of Leslie Cooley, # 13 Affidavit Declaration of Charles Cole, # 14 Proposed Order Proposed Order)(Kristen, Elizabeth) (Filed on 4/14/2011) (Entered: 04/14/2011)

April 14, 2011

April 14, 2011

PACER
71

MOTION to Dismiss First Amended Complaint filed by Timothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. Motion Hearing set for 6/23/2011 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. (Attachments: # 1 Attachments, # 2 Proposed Order)(Lin, Jean) (Filed on 5/2/2011) (Entered: 05/02/2011)

May 2, 2011

May 2, 2011

PACER
72

MOTION to Intervene; (Proposed) Order filed by Bipartisan Legal Advisory Group. Motion Hearing set for 6/16/2011 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. (Kircher, Kerry) (Filed on 5/2/2011) Modified on 5/3/2011 (cp, COURT STAFF). (Entered: 05/02/2011)

May 2, 2011

May 2, 2011

PACER
73

ORDER EXPEDITING BRIEFING ON BIPARTISAN LEGAL ADVISORY GROUP OF THE U.S. HOUSE OF REPRESENTATIVES 72 MOTION TO INTERVENE FOR A LIMITED PURPOSE. Signed by Judge Claudia Wilken on 5/3/2011. (ndr, COURT STAFF) (Filed on 5/3/2011) (Entered: 05/03/2011)

May 3, 2011

May 3, 2011

RECAP
74

CLERKS NOTICE Continuing Motion Hearing as to 70 MOTION to Certify Class. Motion Hearing set for 6/23/2011 02:00 PM before Hon. Claudia Wilken. (ndr, COURT STAFF) (Filed on 5/6/2011) (Entered: 05/06/2011)

May 6, 2011

May 6, 2011

PACER
75

RESPONSE (re 72 MOTION to Intervene ) filed byTimothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. (Attachments: # 1 Proposed Order)(Lin, Jean) (Filed on 5/10/2011) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
76

RESPONSE (re 70 MOTION to Certify Class ) filed byTimothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. (Lin, Jean) (Filed on 5/10/2011) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
77

RESPONSE (re 72 MOTION to Intervene ) Plaintiffs' Opposition to the Bipartisan Legal Advisory Group's Motion to Intervene filed byMichael Dragovich. (Kristen, Elizabeth) (Filed on 5/10/2011) (Entered: 05/10/2011)

May 10, 2011

May 10, 2011

PACER
78

Stipulation and Proposed Order to Alter Briefing Schedule on the Federal Defendants' Motion to Dismiss by Michael Dragovich, Patricia Fitzsimmons, Michael Gaitley, Carolyn LIght, Cheryl Light, Elizabeth Litteral, Board of Administration of California Public Employees' Retirment Systesm, Timothy Geithner, Internal Revenue Service, Douglas Shulman, Anne Stausbool, United States Department of the Treasury, . (Center, Claudia) (Filed on 5/12/2011) Modified on 5/13/2011 (cp, COURT STAFF). (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

PACER
79

ORDER granting Stipulation. Signed by Judge Claudia Wilken on May 12, 2011. (cwlc3, COURT STAFF) (Filed on 5/12/2011) Modified on 5/12/2011 (cwlc3, COURT STAFF). (Entered: 05/12/2011)

May 12, 2011

May 12, 2011

RECAP
80

REPLY (re 72 MOTION to Intervene ) filed byBipartisan Legal Advisory Group. (Kircher, Kerry) (Filed on 5/17/2011) (Entered: 05/17/2011)

May 17, 2011

May 17, 2011

PACER
81

RESPONSE (re 71 MOTION to Dismiss First Amended Complaint ) filed byMichael Dragovich. (Kristen, Elizabeth) (Filed on 5/26/2011) (Entered: 05/26/2011)

May 26, 2011

May 26, 2011

PACER
82

CLERKS NOTICE TAKING MOTION UNDER SUBMISSION. (ndr, COURT STAFF) (Filed on 6/3/2011) (Entered: 06/03/2011)

June 3, 2011

June 3, 2011

PACER
83

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d filed byBipartisan Legal Advisory Group. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kircher, Kerry) (Filed on 6/7/2011) (Entered: 06/07/2011)

1 Exhibit A

View on RECAP

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

June 7, 2011

June 7, 2011

PACER
84

REPLY (re 71 MOTION to Dismiss First Amended Complaint ) filed byTimothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. (Lin, Jean) (Filed on 6/9/2011) (Entered: 06/09/2011)

June 9, 2011

June 9, 2011

PACER
85

NOTICE of Appearance by Conor Brendan Dugan (Dugan, Conor) (Filed on 6/10/2011) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
86

NOTICE of Appearance by Paul D. Clement (Clement, Paul) (Filed on 6/10/2011) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
87

NOTICE of Appearance by H. Christopher Bartolomucci (Bartolomucci, H. Christopher) (Filed on 6/10/2011) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
88

ORDER by Judge Claudia Wilken Granting 72 Motion of the Bipartisan Legal Advisory Group of the U.S. House of Representatives to Intervene for a Limited Purpose. (ndr, COURT STAFF) (Filed on 6/10/2011) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

RECAP
89

NOTICE of Change In Counsel by Elizabeth Kristen (Kristen, Elizabeth) (Filed on 6/10/2011) (Entered: 06/10/2011)

June 10, 2011

June 10, 2011

PACER
90

STIPULATION and Proposed Order to Postpone Hearing on the Federal Defendants' Motion to Dismiss and the Plaintiffs' Motion for Class Certification by Michael Dragovich. (Center, Claudia) (Filed on 6/21/2011) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

PACER
91

ORDER Granting 90 Stipulation to Postpone Hearing on the Federal Defendants' Motion to Dismiss and the Plaintiffs' Motion for Class Certification. 70, 71 Motion Hearings Noticed for 6/23/2011 are Vacated Pursuant to this Order. Signed by Judge Claudia Wilken on 6/21/2011. (ndr, COURT STAFF) (Filed on 6/21/2011) (Entered: 06/21/2011)

June 21, 2011

June 21, 2011

RECAP
92

ORDER by Judge Claudia Wilken granting 70 Motion to Certify Class; denying without prejudice to refiling 71 Motion to Dismiss (cwlc3, COURT STAFF) (Filed on 7/15/2011) (Entered: 07/15/2011)

July 15, 2011

July 15, 2011

PACER
93

STIPULATION and Proposed Order Granting Plaintiff's' Leave to File Second Amended Complaint and Setting Schedule on Motion to Dismiss by Michael Dragovich, United States Department of the Treasury, Board of Administration of California Public Employees' Retirement System, et al. (Attachments: # 1 Declaration Declaration of Claudia Center, # 2 Exhibit Exhibit A)(Center, Claudia) (Filed on 8/15/2011) Modified on 8/16/2011 (cp, COURT STAFF). (Entered: 08/15/2011)

Aug. 15, 2011

Aug. 15, 2011

PACER
94

ORDER Granting 93 Stipulation Plaintiff's' Leave to File Second Amended Complaint and Setting Schedule on Motion to Dismiss. Motion to Dismiss due by 9/15/2011. Replies due by 9/29/2011. Responses due by 10/13/2011. Motion Hearing set for 10/27/2011 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 8/19/2011. (ndr, COURT STAFF) (Filed on 8/19/2011) . (Entered: 08/19/2011)

Aug. 19, 2011

Aug. 19, 2011

RECAP
95

AMENDED COMPLAINT Second Amended Complaint against United States Department of the Treasury. Filed byMichael Dragovich. (Kristen, Elizabeth) (Filed on 9/7/2011) (Entered: 09/07/2011)

Sept. 7, 2011

Sept. 7, 2011

RECAP
96

MOTION to Dismiss Second Amended Complaint (Regarding Domestic Partner Issue) filed by Timothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. Motion Hearing set for 10/20/2011 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 9/29/2011. Replies due by 10/13/2011. (Attachments: # 1 Attachments)(Lin, Jean) (Filed on 9/15/2011) (Entered: 09/15/2011)

1 Attachments

View on PACER

Sept. 15, 2011

Sept. 15, 2011

PACER
97

MOTION to Dismiss Second Amended Complaint (Regarding Domestic Partner Issue) (same filing as Docket No. 96 with corrected hearing date) filed by Timothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. Motion Hearing set for 10/27/2011 02:00 PM in Courtroom 2, 4th Floor, Oakland before Hon. Claudia Wilken. Responses due by 9/29/2011. Replies due by 10/13/2011. (Attachments: # 1 Attachments)(Lin, Jean) (Filed on 9/16/2011) Modified on 9/30/2011 (cp, COURT STAFF). (Entered: 09/16/2011)

1 Attachments

View on PACER

Sept. 16, 2011

Sept. 16, 2011

PACER
98

RESPONSE (re 97 MOTION to Dismiss Second Amended Complaint (Regarding Domestic Partner Issue) (same filing as Docket No. 96 with corrected hearing date) filed byMichael Dragovich. (Center, Claudia) (Filed on 9/29/2011) Modified on 9/30/2011 (cp, COURT STAFF). (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

RECAP
99

REPLY (re 97 MOTION to Dismiss Second Amended Complaint (Regarding Domestic Partner Issue) filed byTimothy Geithner, Internal Revenue Service, Douglas Shulman, United States Department of the Treasury. (Lin, Jean) (Filed on 10/12/2011) Modified on 10/13/2011 (cp, COURT STAFF). (Entered: 10/12/2011)

Oct. 12, 2011

Oct. 12, 2011

RECAP
101

Minute Entry: Motion Hearing held on 10/27/2011 before Claudia Wilken (Date Filed: 10/27/2011). (Court Reporter Jennifer Macato.) (ndr, COURT STAFF) (Date Filed: 10/27/2011) (Entered: 11/07/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER

Case Details

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: April 13, 2010

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

employees of the state of California whose same-sex spouses or domestic partners were denied enrollment in the California Public Employees’ Retirement System

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Department of Treasury, Federal

The State of California, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: 95000

Issues

General:

Gay/lesbian/transgender

Government Services

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sexual orientatation