Case: Golinski v. U.S. Office of Personnel Management

3:10-cv-00257 | U.S. District Court for the Northern District of California

Filed Date: Jan. 20, 2010

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On January 20, 2010, an employee of the federal judiciary married to her same-sex partner under California law filed a lawsuit in the U.S. District Court for the Northern District of California, San Francisco Division, under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, and the Administrative Procedure Act, 5 U.S.C. §§ 701-706, against the federal Office of Personnel Management (OPM). The plaintiff, represented by private counsel and Lambda Legal, asked the court for declaratory and inj…

On January 20, 2010, an employee of the federal judiciary married to her same-sex partner under California law filed a lawsuit in the U.S. District Court for the Northern District of California, San Francisco Division, under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, and the Administrative Procedure Act, 5 U.S.C. §§ 701-706, against the federal Office of Personnel Management (OPM). The plaintiff, represented by private counsel and Lambda Legal, asked the court for declaratory and injunctive relief and a review of administrative action, alleging an equal protection violation. Specifically, the plaintiff claimed that the federal Defense of Marriage Act (DOMA) violates the Fifth Amendment by refusing to recognize lawful same-sex marriages for purposes of the laws governing spousal health benefits for federal employees, thereby denying her of a benefit that would be available to her if her spouse were of the opposite sex.

The plaintiff, a 19-year employee of the U.S. Court of Appeals for the Ninth Circuit, had applied for health benefits for her wife and been denied, and though the Ninth Circuit (Chief Judge Alex Kozinski) then issued an order as part of the employment dispute procedure finding that she was entitled to spousal health benefits, In re Golinski, 587 F.3d 901 (9th Cir. 2009), the OPM had refused to comply. As such, the plaintiff's initial complaint requested a writ of mandamus to enforce the Ninth Circuit order. On March 16, 2011, however, the District Court (Judge Jeffrey S. White) dismissed this claim, finding that it lacked jurisdiction to issue mandamus relief, Golinski v. U.S. Office of Pers. Mgmt., 781 F. Supp. 2d 967 (N.D. Cal. 2011), and the plaintiff was forced to amend her complaint to request injunctive relief.

Meanwhile, on February 23, 2011, the Department of Justice indicated that it had come to the conclusion that DOMA was unconstitutional and that it would no longer defend the act in court. In response to this, on May 4, 2011, the Bipartisan Legal Advisory Group of the House of Representatives (BLAG) moved to intervene to defend the act, and their motion was granted on June 3. On the same day, the defendants-intervenors moved to dismiss the complaint.

On July 1, the plaintiff moved for summary judgment, and the Department of Justice filed a brief supporting the plaintiff's claim.

On February 22, 2012, the District Court (Judge White) granted the plaintiff's motion and denied that of the defendant-intervenors. Golinski v. U.S. Office of Pers. Mgmt., 824 F. Supp. 2d 968 (N.D. Cal. 2012). The Court stated that classifications based on sexual orientation should be subjected to heightened scrutiny, but held that the application of DOMA to deny spousal health benefits in this case did not even have a rational basis and thus constituted a violation of the equal protection component of the due process clause of the Fifth Amendment. It entered a permanent injunction prohibiting the defendants from interfering with the enrollment of the plaintiff's wife in her family health benefits plan.

Defendants-intervenors appealed to the Ninth Circuit. On May 22, 2012, the Court of Appeals (Judge Sydney R. Thomas) denied the plaintiff's motion for an initial hearing en banc and scheduled arguments before a three-judge panel for the week of September 10-14. However, the Court vacated the September 10, 2012 oral argument date, pending the resolution of the petition for writ of certiorari submitted to the Supreme Court on July 3, 2012 by the U.S. Department of Justice.

On June 27, 2013, the Supreme Court of the United States entered an order denying the petition for a writ of certiorari before judgment.

On July 25, 2013, the United States Court of Appeals for the Ninth Circuit entered an order dismissing all appeals of the case, as stipulated by the parties following the Supreme Court's decision in United States v. Windsor (PB-NY-0017 in this clearinghouse) holding § 3 of the Defense of Marriage Act unconstitutional.

Summary Authors

Christopher Schad (12/7/2012)

Claire Lally (2/7/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4177537/parties/golinski-v-united-states-office-of-personnel-management/


Judge(s)

Alarcón, Arthur Lawrence (California)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Borelli, Tara Lynn (California)

Davidson, Jon Warren (California)

Day, Shelbi (California)

Dresser, Gregory P. (California)

Espinoza-Madrigal, Ivan E (Texas)

Jones, Aaron D. (California)

Lin, Rita (California)

McGuire, James R. (California)

Judge(s)

Alarcón, Arthur Lawrence (California)

White, Jeffrey Steven (California)

Attorneys(s) for Plaintiff

Borelli, Tara Lynn (California)

Davidson, Jon Warren (California)

Day, Shelbi (California)

Dresser, Gregory P. (California)

Espinoza-Madrigal, Ivan E (Texas)

Jones, Aaron D. (California)

Lin, Rita (California)

McGuire, James R. (California)

Park, Grace Y. (California)

Pizer, Jennifer Carol (California)

Sommer, Susan (New York)

Attorneys(s) for Defendant

Bartolomucci, H. Christopher (District of Columbia)

Bressler, Steven Y. (District of Columbia)

Clement, Paul D. (District of Columbia)

Davenport, Christine (District of Columbia)

Delery, Stuart F. (District of Columbia)

Dugan, Conor Brendan (District of Columbia)

Flentje, August E. (District of Columbia)

Gilbert, Helen L (District of Columbia)

Goldberg, Arthur Robert (District of Columbia)

Haag, Melinda (District of Columbia)

Hall, Christopher R. (District of Columbia)

Hertz, Michael F. (District of Columbia)

Kircher, Kerry W. (District of Columbia)

Kruger, Leondra R. (District of Columbia)

Nelson, Nicholas J. (District of Columbia)

Pittard, William (District of Columbia)

Shah, Pratik A. (District of Columbia)

Singer, Michael Jay (District of Columbia)

Srinivasan, Srikanth (District of Columbia)

Tatelman, Todd B. (District of Columbia)

Verrilli, Donald B. Jr. (District of Columbia)

Walker, Mary Beth (District of Columbia)

West, Tony (District of Columbia)

Documents in the Clearinghouse

Document

3:10-cv-00257

Docket [PACER]

July 29, 2013

July 29, 2013

Docket
102

3:10-cv-00257

Second Amended Complaint

April 14, 2011

April 14, 2011

Complaint
145

3:10-cv-00257

Defendants' Brief in Opposition to Motion to Dismiss

July 1, 2011

July 1, 2011

Pleading / Motion / Brief
186

3:10-cv-00257

Order (Granting Plaintiff's Motion for Summary Judgment)

824 F.Supp.2d 968

Feb. 22, 2012

Feb. 22, 2012

Order/Opinion

12-00016

PETITION FOR A WRIT OF CERTIORARI BEFORE JUDGMENT

Office of Personnel Management v. Golinski

U. S. Court of Appeals for the Ninth Circuit

Feb. 22, 2012

Feb. 22, 2012

Order/Opinion

12-00016

Petition for a Writ of Certiorari Before Judgment

Office of Personnel Management v. Golinski

Supreme Court of the United States

July 3, 2012

July 3, 2012

Pleading / Motion / Brief

12-00016

BRIEF OF THE RESPONDENT IN SUPPORT OF PETITION FOR CERTIORARI BEFORE JUDGMENT

Office of Personnel Management v. Golinski

U. S. Court of Appeals for the Ninth Circuit

July 23, 2012

July 23, 2012

Pleading / Motion / Brief

12-00016

On Petition for a Writ of Certiorari Before Judgment to the United States Court of Appeals for the Ninth Circuit Brief in Opposition

Office of Personnel Management v. Golinski

U. S. Court of Appeals for the Ninth Circuit

Aug. 31, 2012

Aug. 31, 2012

Pleading / Motion / Brief

12-00016

REPLY BRIEF FOR THE FEDERAL PETITIONERS

Office of Personnel Management v. Golinski

Supreme Court of the United States

Sept. 11, 2012

Sept. 11, 2012

Pleading / Motion / Brief
201

3:10-cv-00257

Order

Golinski v. United States Office of Personnel Management

U. S. Court of Appeals for the Ninth Circuit

724 F.3d 1048

July 23, 2013

July 23, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4177537/golinski-v-united-states-office-of-personnel-management/

Last updated July 23, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT - [Summons Issued] against United States Office of Personnel Management, [Filing Fee: $350.00, Receipt Number 34611041322]. Filed by Plaintiff Karen Golinski. (Attachments: #(1) Civil Cover Sheet). (tn, COURT STAFF) (Filed on 1/20/2010) (Entered: 01/20/2010)

1 Civil Cover Sheet

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Jan. 20, 2010

Jan. 20, 2010

RECAP
2

SUMMONS Issued as to Defendant United States Office of Personnel Management.(tn, COURT STAFF) (Filed on 1/20/2010) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

PACER
3

ADR SCHEDULING ORDER: Joint Case Management Statement due 4/27/2010 & Initial Case Management Conference set for 5/4/2010 at 10:00 AM. (tn, COURT STAFF) (Filed on 1/20/2010) Modified on 1/21/2010 (jlm, COURT STAFF). (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

PACER
4

Declination to Proceed Before a United States Magistrate Judge & Request for Reassignment to a United States District Court Judge Filed by Plaintiff Karen Golinski. (tn, COURT STAFF) (Filed on 1/20/2010) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

PACER
5

CLERK'S NOTICE of Impending Reassignment to a United States District Court Judge. (tn, COURT STAFF) (Filed on 1/20/2010) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

PACER
6

REASSIGNMENT ORDER. Case Reassigned to the Honorable Saundra Brown Armstrong for all further proceedings. Mag. Judge Elizabeth D. Laporte no longer assigned to the case. (tn, COURT STAFF) (Filed on 1/20/2010) (Entered: 01/20/2010)

Jan. 20, 2010

Jan. 20, 2010

PACER
7

NOTICE of Appearance of Attorney Steven Yale Bressler, filed by United States Office of Personnel Managment (Bressler, Steven) (Filed on 1/22/2010) Modified on 1/25/2010 (jlm, COURT STAFF). (Entered: 01/22/2010)

Jan. 22, 2010

Jan. 22, 2010

PACER
8

MOTION for Preliminary Injunction, filed by Karen Golinski. Motion Hearing set for 6/15/2010 01:00 PM in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Proposed Order)(McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). (Entered: 01/26/2010)

1 Proposed Order

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Jan. 26, 2010

Jan. 26, 2010

PACER
9

Declaration of Karen Golinski in Support of 8 Motion for Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Related document(s) 8 ) (McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). (Entered: 01/26/2010)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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Jan. 26, 2010

Jan. 26, 2010

PACER
10

Declaration of James R. McGuire in Support of 8 Motion for Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L)(Related document(s) 8 ) (McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). (Entered: 01/26/2010)

1 Exhibit I

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2 Exhibit J

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3 Exhibit K

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4 Exhibit L

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Jan. 26, 2010

Jan. 26, 2010

PACER
11

Request for Judicial Notice re 8 Motion for Preliminary Injunction filed by Karen Golinski. (Related document(s) 8 ) (McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). (Entered: 01/26/2010)

Jan. 26, 2010

Jan. 26, 2010

PACER
12

CERTIFICATE OF SERVICE by Karen Golinski re 8 Motion for Preliminary Injunction 9 Declaration of Karen Golinski in Support 10 Declaration of James R. McGuire in Support 11 Request for Judicial Notice (Related document(s) 8, 9, 10, 11 ) (McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). (McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). (Entered: 01/26/2010)

Jan. 26, 2010

Jan. 26, 2010

PACER
13

Ex Parte MOTION for Order Shortening Time re 8 Motion for Preliminary Injunction filed by Karen Golinski. Motion Hearing set for 6/15/2010 01:00 PM in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Proposed Order)(McGuire, James) (Filed on 1/27/2010) Modified on 1/28/2010 (jlm, COURT STAFF). (Entered: 01/27/2010)

1 Proposed Order

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Jan. 27, 2010

Jan. 27, 2010

PACER
14

Declaration of James R. McGuire in Support of 13 Ex Parte Motion for Order Shortening Time re Motion for Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 13 ) (McGuire, James) (Filed on 1/27/2010) Modified on 1/28/2010 (jlm, COURT STAFF). (Entered: 01/27/2010)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Jan. 27, 2010

Jan. 27, 2010

PACER
15

CERTIFICATE OF SERVICE by Karen Golinski re 14 Declaration James R. McGuire in Support, 13 Ex Parte Motion for Order Shortening Time on Hearing re Motion for Preliminary Injunction (McGuire, James) (Filed on 1/27/2010) Modified on 1/28/2010 (jlm, COURT STAFF). Modified on 3/9/2010 (jlm, COURT STAFF). (Entered: 01/27/2010)

Jan. 27, 2010

Jan. 27, 2010

PACER
16

CLERKS NOTICE Case Management Conference set for 4/28/2010 02:45 PM. VIA TELEPHONE. (lrc, COURT STAFF) (Filed on 1/28/2010) (Entered: 01/28/2010)

Jan. 28, 2010

Jan. 28, 2010

PACER
17

Memorandum in Opposition re 13 Ex Parte Motion for Order Shortening Time on Motion for Preliminary Injunction filed by United States Office of Personnel Management. (Bressler, Steven) (Filed on 2/2/2010) Modified on 2/3/2010 (jlm, COURT STAFF). (Entered: 02/02/2010)

Feb. 2, 2010

Feb. 2, 2010

PACER
18

Declaration of Steven Y. Bressler in Support of 17 Memorandum in Opposition, filed by United States Office of Personnel Management. (Related document(s) 17 ) (Bressler, Steven) (Filed on 2/2/2010) Modified on 2/3/2010 (jlm, COURT STAFF). (Entered: 02/02/2010)

Feb. 2, 2010

Feb. 2, 2010

PACER
19

Proposed Order re 13 Ex Parte Motion for Order Shortening Time re Motion for Preliminary Injunction filed, by United States Office of Personnel Management. (Bressler, Steven) (Filed on 2/2/2010) Modified on 2/3/2010 (jlm, COURT STAFF). (Entered: 02/02/2010)

Feb. 2, 2010

Feb. 2, 2010

PACER
20

Reply to Opposition re 13 Ex Parte Motion for Order Shortening Time for Notice and Hearing as to Motion for Preliminary Injunction filed by Karen Golinski. (McGuire, James) (Filed on 2/3/2010) Modified on 2/4/2010 (jlm, COURT STAFF). (Entered: 02/03/2010)

Feb. 3, 2010

Feb. 3, 2010

PACER
21

CERTIFICATE OF SERVICE by Karen Golinski re 20 Reply to Opposition, (McGuire, James) (Filed on 2/3/2010) Modified on 2/4/2010 (jlm, COURT STAFF). (Entered: 02/03/2010)

Feb. 3, 2010

Feb. 3, 2010

PACER
22

ORDER by Judge Saundra Brown Armstrong DENYING 13 Ex Parte Motion to Shorten Time for Notice and Hearing for Preliminary Injunction. Defendant is to respond to Plaintiff's Motion for Preliminary Injuncition on or before 03/09/10; Plaintiff may file reply by 03/09/10. (lrc, COURT STAFF) (Filed on 2/11/2010) Modified on 2/12/2010 (jlm, COURT STAFF). (Entered: 02/11/2010)

Feb. 11, 2010

Feb. 11, 2010

RECAP
23

MOTION for Leave to File Opposition Brief of 36 Pages, filed by United States Office of Personnel Management. (Attachments: # 1 Proposed Order)(Bressler, Steven) (Filed on 3/1/2010) Modified on 3/2/2010 (jlm, COURT STAFF). (Entered: 03/01/2010)

1 Proposed Order

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March 1, 2010

March 1, 2010

PACER
24

Declaration of Steven Y. Bressler in Support of 23 Motion for Leave to File Opposition Brief of 36 Pages filed by United States Office of Personnel Management. (Related document(s) 23 ) (Bressler, Steven) (Filed on 3/1/2010) Modified on 3/2/2010 (jlm, COURT STAFF). (Entered: 03/01/2010)

March 1, 2010

March 1, 2010

PACER
25

Memorandum in Opposition re 8 Motion for Preliminary Injunction filed by United States Office of Personnel Management. (Bressler, Steven) (Filed on 3/2/2010) Modified on 3/3/2010 (jlm, COURT STAFF). (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

RECAP
26

Memorandum in Opposition re 23 Motion for Leave to File Opposition Brief of 36 Pages filed by Karen Golinski. (McGuire, James) (Filed on 3/2/2010) Modified on 3/3/2010 (jlm, COURT STAFF). (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

PACER
27

Declaration of James R. McGuire in Support of 26 Memorandum in Opposition to Defendants Administrative Motion for Leave to File an Opposition Brief of 36 Pages filed by Karen Golinski. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Related document(s) 26 ) (McGuire, James) (Filed on 3/2/2010) Modified on 3/3/2010 (jlm, COURT STAFF). (Entered: 03/02/2010)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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March 2, 2010

March 2, 2010

PACER
28

Proposed Order re 23 Motion for Leave to File Opposition Brief of 36 Pages by Karen Golinski. (McGuire, James) (Filed on 3/2/2010) Modified on 3/3/2010 (jlm, COURT STAFF). (Entered: 03/02/2010)

March 2, 2010

March 2, 2010

PACER
29

Reply Brief in support of 23 MOTION for Leave to File Opposition Brief of 36 Pages filed byUnited States Office of Personnel Management. (Bressler, Steven) (Filed on 3/3/2010) Modified on 3/4/2010 (kc, COURT STAFF). (Entered: 03/03/2010)

March 3, 2010

March 3, 2010

RECAP
30

AMENDED COMPLAINT against United States Office of Personnel Management, John Berry. Filed by Karen Golinski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(McGuire, James) (Filed on 3/8/2010) Modified on 3/9/2010 (jlm, COURT STAFF). (Entered: 03/08/2010)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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March 8, 2010

March 8, 2010

RECAP
31

ORDER by Judge Saundra Brown Armstrong DENYING 23 Motion for Leave to File Excess Pages to Opposition Brief. Defendant shall file a response to Plaintiff's Motion for Preliminary Injunction by 03/12/10. Plaintiff may file reply by 03/19/10. Defendant's 25 Opposition to Motion for Preliminary Injunction is STRICKEN from the record. (lrc, COURT STAFF) (Filed on 3/9/2010) Modified on 3/10/2010 (jlm, COURT STAFF). (Entered: 03/09/2010)

March 9, 2010

March 9, 2010

PACER
32

***ERRONEOUS ENTRY, PLEASE REFER TO DOCUMENT 35 *** CERTIFICATE OF SERVICE by Karen Golinski re 30 Amended Complaint (McGuire, James) (Filed on 3/9/2010) Modified on 3/10/2010 (jlm, COURT STAFF). Modified on 3/10/2010 (jlm, COURT STAFF). Modified on 3/15/2010 (jlm, COURT STAFF). (Entered: 03/09/2010)

March 9, 2010

March 9, 2010

PACER
33

Summons Issued as to John Berry. (jlm, COURT STAFF) (Filed on 3/9/2010) (Entered: 03/10/2010)

March 9, 2010

March 9, 2010

PACER
34

Amended MOTION for Preliminary Injunction, filed by Karen Golinski. Motion Hearing set for 6/15/2010 01:00 PM in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Proposed Order)(McGuire, James) (Filed on 3/10/2010) Modified on 3/11/2010 (jlm, COURT STAFF). (Entered: 03/10/2010)

1 Proposed Order

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March 10, 2010

March 10, 2010

RECAP
35

CERTIFICATE OF SERVICE by Karen Golinski re 30 Amended Complaint, (McGuire, James) (Filed on 3/10/2010) (Entered: 03/10/2010)

March 10, 2010

March 10, 2010

PACER
36

CERTIFICATE OF SERVICE by Karen Golinski re 34 Amended Motion for Preliminary Injunction (McGuire, James) (Filed on 3/10/2010) Modified on 3/11/2010 (jlm, COURT STAFF). (Entered: 03/10/2010)

March 10, 2010

March 10, 2010

PACER
37

Memorandum in Opposition re 34 Amended MOTION for Preliminary Injunction, 8 MOTION for Preliminary Injunction filed byJohn Berry, United States Office of Personnel Management. (Bressler, Steven) (Filed on 3/12/2010) (Entered: 03/12/2010)

March 12, 2010

March 12, 2010

RECAP
38

STIPULATION Extending Time for Defendant OPM to Respond to 30 Amended Complaint filed by John Berry, United States Office of Personnel Management. (Bressler, Steven) (Filed on 3/18/2010) Modified on 3/19/2010 (jlm, COURT STAFF). (Entered: 03/18/2010)

March 18, 2010

March 18, 2010

RECAP
39

Reply Memorandum re 34 Amended Motion for Preliminary Injunction filed by Karen Golinski. (McGuire, James) (Filed on 3/19/2010) Modified on 3/22/2010 (jlm, COURT STAFF). (Entered: 03/19/2010)

March 19, 2010

March 19, 2010

RECAP
40

Request for Judicial Notice re 39 Reply Memorandum filed by Karen Golinski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 39 ) (McGuire, James) (Filed on 3/19/2010) Modified on 3/22/2010 (jlm, COURT STAFF). (Entered: 03/19/2010)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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March 19, 2010

March 19, 2010

PACER
41

Declaration of James R. McGuire in Support of 39 Reply Memorandum filed by Karen Golinski. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H)(Related document(s) 39 ) (McGuire, James) (Filed on 3/19/2010) Modified on 3/22/2010 (jlm, COURT STAFF). (Entered: 03/19/2010)

1 Exhibit E

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2 Exhibit F

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3 Exhibit G

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4 Exhibit H

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March 19, 2010

March 19, 2010

PACER
42

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Karen Golinski (Lin, Rita) (Filed on 4/7/2010) Modified on 4/8/2010 (jlm, COURT STAFF). (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

PACER
43

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d), filed by Karen Golinski (Lin, Rita) (Filed on 4/7/2010) Modified on 4/8/2010 (jlm, COURT STAFF). (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

PACER
44

***ERRONEOUS ENTRY, PLEASE REFER TO DOCUMENT 45 *** Certificate of Interested Entities by Karen Golinski (Lin, Rita) (Filed on 4/9/2010) Modified on 4/13/2010 (jlm, COURT STAFF). (Entered: 04/09/2010)

April 9, 2010

April 9, 2010

PACER
45

Certificate of Interested Entities by Karen Golinski identifying Other Affiliate Amy Cunninghis for Karen Golinski. (Lin, Rita) (Filed on 4/12/2010) (Entered: 04/12/2010)

April 12, 2010

April 12, 2010

PACER
46

ADR Clerks Notice Setting ADR Phone Conference on 4/26/10 at 2:30 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (sgd, COURT STAFF) (Filed on 4/13/2010) (Entered: 04/13/2010)

April 13, 2010

April 13, 2010

PACER
47

CLERKS NOTICE Case Management Conference set for 6/15/2010 01:00 PM in Courtroom 1, 4th Floor, Oakland. (lrc, COURT STAFF) (Filed on 4/15/2010) (Entered: 04/15/2010)

April 15, 2010

April 15, 2010

PACER
48

NOTICE of Substitution of Counsel and Appearance for Christopher R Hall, filed by John Berry, United States Office of Personnel Management (Hall, Christopher) (Filed on 5/5/2010) Modified on 5/6/2010 (jlm, COURT STAFF). (Entered: 05/05/2010)

May 5, 2010

May 5, 2010

PACER
49

MOTION to Dismiss with Memorandum in Support, filed by John Berry, United States Office of Personnel Management. Motion Hearing set for 9/14/2010 01:00 PM in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Hall, Christopher) (Filed on 5/10/2010) Modified on 5/11/2010 (jlm, COURT STAFF). (Entered: 05/10/2010)

1 Memorandum in Support

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2 Proposed Order

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May 10, 2010

May 10, 2010

RECAP
50

JOINT CASE MANAGEMENT STATEMENT filed by Karen Golinski, John Berry, United States Office of Personnel Management. (Lin, Rita) (Filed on 6/4/2010) Modified on 6/8/2010 (jlm, COURT STAFF). (Entered: 06/04/2010)

June 4, 2010

June 4, 2010

PACER
51

NOTICE of Withdrawal of Grace Y. Park as Counsel, filed by Karen Golinski (Park, Grace) (Filed on 7/6/2010) Modified on 7/7/2010 (jlm, COURT STAFF). (Entered: 07/06/2010)

July 6, 2010

July 6, 2010

PACER
52

Administrative Motion to File Under Seal Supplemental Declaration In Support Of Motion For Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Proposed Order)(Lin, Rita) (Filed on 7/9/2010) (Entered: 07/09/2010)

1 Proposed Order

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July 9, 2010

July 9, 2010

PACER
53

Declaration of Rita F. Lin in Support of 52 Administrative Motion to File Under Seal Supplemental Declaration In Support Of Motion For Preliminary Injunction filed byKaren Golinski. (Related document(s) 52 ) (Lin, Rita) (Filed on 7/9/2010) (Entered: 07/09/2010)

July 9, 2010

July 9, 2010

PACER
54

EXHIBITS re 52 Administrative Motion to File Under Seal Supplemental Declaration In Support Of Motion For Preliminary Injunction filed byKaren Golinski. (Related document(s) 52 ) (Lin, Rita) (Filed on 7/12/2010) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

PACER
55

NOTICE by John Berry, United States Office of Personnel Management re 53 Declaration in Support Defendants' Certification of Position under Paragraph 5 of the Standing Order of This Court in Response to Declaration of Rita F. Lin (Hall, Christopher) (Filed on 7/12/2010) (Entered: 07/12/2010)

July 12, 2010

July 12, 2010

PACER
56

ORDER by Judge Saundra Brown Armstrong GRANTING 52 Administrative Motion to File Under Seal Plaintiff's Supplemental Declaration in Support of Motion for Preliminary Injunction. Signed by Judge Saundra Brown Armstrong, on 07/22/10 (lrc, COURT STAFF) (Filed on 7/23/2010) Modified on 7/26/2010 (jlm, COURT STAFF). (Entered: 07/23/2010)

July 23, 2010

July 23, 2010

RECAP
57

DOCUMENT E-FILED UNDER SEAL re 56 Order on Administrative Motion to File Under Seal Supplemental Declaration Of Plaintiff Karen Golinski In Support Of Motion For Preliminary Injunction by Karen Golinski. (Lin, Rita) (Filed on 7/23/2010) (Entered: 07/23/2010)

July 23, 2010

July 23, 2010

PACER
58

Statement of Recent Decision re 8 Motion for Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Exhibit A)(Lin, Rita) (Filed on 7/26/2010) Modified on 7/27/2010 (jlm, COURT STAFF). (Entered: 07/26/2010)

1 Exhibit A

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July 26, 2010

July 26, 2010

PACER
59

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d In Support Of Her Motion For Preliminary Injunction filed byKaren Golinski. (Attachments: # 1 Exhibit A)(Related document(s) 8 ) (Lin, Rita) (Filed on 8/3/2010) (Entered: 08/03/2010)

1 Exhibit A

View on PACER

Aug. 3, 2010

Aug. 3, 2010

PACER
60

STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d In Support Of 8 Motion For Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Exhibit A)(Related document(s) 8 ) (Lin, Rita) (Filed on 8/16/2010) Modified on 8/17/2010 (kc, COURT STAFF). (Entered: 08/16/2010)

1 Exhibit A

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Aug. 16, 2010

Aug. 16, 2010

PACER
61

MEMORANDUM in Opposition re 49 Motion to Dismiss Amended Complaint filed by Karen Golinski. (Lin, Rita) (Filed on 8/24/2010) Modified on 8/25/2010 (jlm, COURT STAFF). (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

RECAP
62

CLERKS NOTICE Continuing Motion Hearing to 10/26/2010 at 01:00 PM in Courtroom 1, 4th Floor, Oakland. (lrc, COURT STAFF) (Filed on 8/25/2010) Modified on 8/26/2010 (jlm, COURT STAFF). (Entered: 08/25/2010)

Aug. 25, 2010

Aug. 25, 2010

PACER
63

ORDER by Chief Judge Vaughn R. Walker on 9/20/10 that due to the unavailability of Judge Saundra Brown Armstrong, the Executive Committee directs the clerk to re-assign this action. (gba, COURT STAFF) (Filed on 9/20/2010) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

RECAP
64

ORDER REASSIGNING CASE. Case reassigned to Hon. Susan Illston for all further proceedings. Hon. Saundra Brown Armstrong no longer assigned to the case. Signed by Executive Committee on 9/20/10. (ha, COURT STAFF) (Filed on 9/20/2010) (Entered: 09/20/2010)

Sept. 20, 2010

Sept. 20, 2010

PACER
65

ERRONEOUSLY E-FILED NOTICE by Karen Golinski Of Motion For Preliminary Injunction (Lin, Rita) (Filed on 9/22/2010) Modified on 9/23/2010 (aaa, COURT STAFF). (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

PACER
66

ORDER OF RECUSAL (tf, COURT STAFF) (Filed on 9/22/2010) (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

PACER
67

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Charles R. Breyer for all further proceedings. Judge Hon. Susan Illston no longer assigned to the case. Signed by Executive Committee on 9/22/10. (mab, COURT STAFF) (Filed on 9/22/2010) (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

PACER
68

ERRONEOUSLY E-FILED: COUNSEL TO E-FILE ATTACHMENT AS A MOTION NOTICE by Karen Golinski Amended Notice Of Motion For Preliminary Injunction (McGuire, James) (Filed on 9/22/2010) Modified on 9/23/2010 (aaa, COURT STAFF). (Entered: 09/22/2010)

Sept. 22, 2010

Sept. 22, 2010

PACER
69

MOTION for Preliminary Injunction Notice of Motion filed by Karen Golinski. Motion Hearing set for 10/29/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (McGuire, James) (Filed on 9/23/2010) (Entered: 09/23/2010)

Sept. 23, 2010

Sept. 23, 2010

PACER
70

NOTICE by Karen Golinski That Matter Remains Under Submission (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lin, Rita) (Filed on 9/28/2010) (Entered: 09/28/2010)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Sept. 28, 2010

Sept. 28, 2010

PACER
71

ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 9/28/2010. (crblc1, COURT STAFF) (Filed on 9/28/2010) (Entered: 09/28/2010)

Sept. 28, 2010

Sept. 28, 2010

RECAP
72

ORDER REASSIGNING CASE. Case reassigned to Hon. Jeffrey S. White for all further proceedings. Hon. Charles R. Breyer no longer assigned to the case. Signed by Executive Committee on 9/28/10. (ha, COURT STAFF) (Filed on 9/28/2010) (Entered: 09/28/2010)

Sept. 28, 2010

Sept. 28, 2010

PACER
73

ORDER re 70 Notice of Matter Under Submission, Setting Hearing and Briefing Schedule on Pending Motions. Signed by Judge Jeffrey S. White on September 29, 2010. (jswlc2, COURT STAFF) (Filed on 9/29/2010) (Entered: 09/29/2010)

Sept. 29, 2010

Sept. 29, 2010

RECAP
74

INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 12/17/2010 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Case Management Statement due by 12/10/2010.. Signed by Judge Jeffrey S. White on 10/4/10. (jjoS, COURT STAFF) (Filed on 10/4/2010) (Entered: 10/04/2010)

Oct. 4, 2010

Oct. 4, 2010

PACER
75

REPLY to Response to Motion 49 to Dismiss Plaintiff's First Amended Complaint filed byJohn Berry, United States Office of Personnel Management. (Hall, Christopher) (Filed on 10/6/2010) Modified on 10/7/2010 (hdj, COURT STAFF). (Entered: 10/06/2010)

Oct. 6, 2010

Oct. 6, 2010

RECAP
76

ORDER Requiring Further Briefing and Continuing Hearing on Pending Motions. Signed by Judge Jeffrey S. White on October 15, 2010. (jswlc2, COURT STAFF) (Filed on 10/15/2010) (Entered: 10/15/2010)

Oct. 15, 2010

Oct. 15, 2010

RECAP
77

NOTICE by Karen Golinski Request For Alteration Of Briefing Schedule And Hearing Date (McGuire, James) (Filed on 10/15/2010) (Entered: 10/15/2010)

Oct. 15, 2010

Oct. 15, 2010

RECAP
78

Proposed Order re 77 Notice (Other) For Alteration Of Briefing Schedule And Hearing Date by Karen Golinski. (McGuire, James) (Filed on 10/18/2010) (Entered: 10/18/2010)

Oct. 18, 2010

Oct. 18, 2010

PACER
79

Statement re 78 Proposed Order, 77 Notice (Other) Statement of Nonopposition to Plaintiff's Request for Alteration of Briefing Schedule and Hearing Date by John Berry, United States Office of Personnel Management. (Hall, Christopher) (Filed on 10/21/2010) (Entered: 10/21/2010)

Oct. 21, 2010

Oct. 21, 2010

PACER
80

ORDER GRANTING REQUEST FOR ALTERATION OF BRIEFING SCHEDULE AND HEARING DATE AND SETTING CASE MANAGEMENT TO FOLLOWING HEARING : Motion Hearing set for 12/17/2010 10:00 AM in Courtroom 11, 19th Floor, San Francisco. Case Management Statement due by 12/10/2010. Initial Case Management Conference set for 12/17/2010 10:00 AM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 10/22/10. (jjoS, COURT STAFF) (Filed on 10/22/2010) (Entered: 10/22/2010)

Oct. 22, 2010

Oct. 22, 2010

PACER
81

Brief re 76 Order Supplemental Brief Pursuant To October 15 Order filed byKaren Golinski. (Related document(s) 76 ) (Lin, Rita) (Filed on 11/8/2010) (Entered: 11/08/2010)

Nov. 8, 2010

Nov. 8, 2010

PACER
82

Request for Judicial Notice re 81 Brief In Support Of Plaintiff Karen Golinski's Supplemental Brief Pursuant To October 15 Order filed byKaren Golinski. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 81 ) (Lin, Rita) (Filed on 11/8/2010) (Entered: 11/08/2010)

1 Exhibit 1

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2 Exhibit 2

View on PACER

Nov. 8, 2010

Nov. 8, 2010

PACER
83

Brief re 76 Order Defendants' Supplemental Brief in Response to Court's Order of October 15, 2010 filed byJohn Berry, United States Office of Personnel Management. (Related document(s) 76 ) (Hall, Christopher) (Filed on 11/19/2010) (Entered: 11/19/2010)

Nov. 19, 2010

Nov. 19, 2010

RECAP
84

Brief re 81 Brief Reply In Support Of Supplemental Brief Pursuant To The October 15 Order filed byKaren Golinski. (Related document(s) 81 ) (Lin, Rita) (Filed on 11/29/2010) (Entered: 11/29/2010)

Nov. 29, 2010

Nov. 29, 2010

PACER
85

JOINT CASE MANAGEMENT STATEMENT filed by Karen Golinski. (Lin, Rita) (Filed on 12/10/2010) (Entered: 12/10/2010)

Dec. 10, 2010

Dec. 10, 2010

RECAP
86

NOTICE OF QUESTIONS FOR HEARING. Signed by Judge Jeffrey S. White on December 16, 2010. (jswlc2, COURT STAFF) (Filed on 12/16/2010) (Entered: 12/16/2010)

Dec. 16, 2010

Dec. 16, 2010

RECAP
87

Minute Entry: Motion Hearing held on 12/17/2010 before Judge Jeffrey S. White (Date Filed: 12/17/2010). (Court Reporter Lydia Zinn.) (jjoS, COURT STAFF) (Date Filed: 12/17/2010) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER
88

NOTICE by Karen Golinski re 86 Order Of Further Authority Pursuant To December 16 Order (Lin, Rita) (Filed on 12/17/2010) (Entered: 12/17/2010)

Dec. 17, 2010

Dec. 17, 2010

PACER
89

Transcript of Proceedings held on 12/17/2010, before Judge Jeffrey S. White. Court Reporter/Transcriber Lydia Zinn, Telephone number (415) 531-6587. 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. Release of Transcript Restriction set for 3/30/2011. (Zinn, Lydia) (Filed on 12/30/2010) (Entered: 12/30/2010)

Dec. 30, 2010

Dec. 30, 2010

PACER
90

MOTION for Leave to File Notice Of Supplemental Authority Pursuant To Local Rule 7-3(d) filed by Karen Golinski. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Lin, Rita) (Filed on 1/25/2011) (Entered: 01/25/2011)

1 Exhibit A

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2 Proposed Order

View on PACER

Jan. 25, 2011

Jan. 25, 2011

PACER
91

ORDER by Judge Jeffrey S. White granting 90 Motion for Leave to File Notice of Supplemental Authority (jjoS, COURT STAFF) (Filed on 1/25/2011) (Entered: 01/25/2011)

Jan. 25, 2011

Jan. 25, 2011

PACER
92

NOTICE of Supplemental Authority filed by Karen Golinski per Order 91 (hdj, COURT STAFF) (Filed on 1/25/2011) (Entered: 01/26/2011)

Jan. 25, 2011

Jan. 25, 2011

RECAP
93

MOTION for Leave to File Plaintiff's Administrative Motion for Leave to File Notice of Supplemental Authority Pursuant to Local Rule 7-3(D) filed by Karen Golinski. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Dresser, Gregory) (Filed on 2/23/2011) (Entered: 02/23/2011)

1 Exhibit A

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2 Proposed Order

View on PACER

Feb. 23, 2011

Feb. 23, 2011

PACER
94

ORDER to Show Cause. Signed by Judge Jeffrey S. White on February 23, 2011. (jswlc2, COURT STAFF) (Filed on 2/23/2011) (Entered: 02/23/2011)

Feb. 23, 2011

Feb. 23, 2011

RECAP
95

ORDER by Judge Jeffrey S. White GRANTING 93 Motion for Leave to File Notice of Supplemental Authority. (jswlc2, COURT STAFF) (Filed on 2/23/2011) (Entered: 02/23/2011)

Feb. 23, 2011

Feb. 23, 2011

RECAP
96

RESPONSE TO 94 ORDER TO SHOW CAUSE by John Berry, United States Office of Personnel Management. (Attachments: # 1 Exhibit 1)(Hall, Christopher) (Filed on 2/28/2011) Modified on 3/1/2011 (mjj2, COURT STAFF). (Entered: 02/28/2011)

1 Exhibit 1

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Feb. 28, 2011

Feb. 28, 2011

PACER
97

Response re 96 Response to Order to Show Cause To February 23, 2011 Order byKaren Golinski. (Lin, Rita) (Filed on 3/3/2011) (Entered: 03/03/2011)

March 3, 2011

March 3, 2011

PACER
98

ORDER by Judge Jeffrey S. White GRANTING 49 Motion to Dismiss with Leave to Amend and DENYING 69 Motion for Preliminary Injunction. (jswlc2, COURT STAFF) (Filed on 3/16/2011) (Entered: 03/16/2011)

March 16, 2011

March 16, 2011

RECAP
99

NOTICE of Appearance by Tara Lynn Borelli (Borelli, Tara) (Filed on 3/21/2011) (Entered: 03/21/2011)

March 21, 2011

March 21, 2011

RECAP
100

NOTICE of Appearance by Jon Warren Davidson (Davidson, Jon) (Filed on 3/25/2011) (Entered: 03/25/2011)

March 25, 2011

March 25, 2011

RECAP

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: Jan. 20, 2010

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

an employee of the federal judiciary married to her same-sex partner under California law

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of Personnel Management, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General:

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Sexual orientatation