1
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COMPLAINT against The United States Of America. (Filing Fee $ 350.00, Receipt Number 920552)Document filed by Edith Schlain Windsor.(ama) (Entered: 11/09/2010)
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Nov. 9, 2010
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Nov. 9, 2010
PACER
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2
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SUMMONS RETURNED EXECUTED Summons and Complaint served. The United States Of America served on 11/9/2010, answer due 1/8/2011. Service was accepted by Calvin Coleman, Legal Technician. Service was made by Certified Mail. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) (Entered: 11/10/2010)
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Nov. 10, 2010
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Nov. 10, 2010
PACER
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3
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Barbara S. Jones on 11/23/10) (djc) (Entered: 11/23/2010)
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Nov. 23, 2010
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Nov. 23, 2010
PACER
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4
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NOTICE OF APPEARANCE by Jean Lin on behalf of The United States Of America (Lin, Jean) (Entered: 12/02/2010)
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Dec. 2, 2010
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Dec. 2, 2010
PACER
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5
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NOTICE OF CHANGE OF ADDRESS by Alexis Brie Karteron on behalf of Edith Schlain Windsor. New Address: New York Civil Liberties Union, 125 Broad Street, 19th Floor, New York, NY, US 10004, 212-607-3300. (Karteron, Alexis) (Entered: 12/02/2010)
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Dec. 2, 2010
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Dec. 2, 2010
PACER
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6
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ORDER: By February 9, 2011 the defendant shall serve and file its motion to dismiss. Plaintiff shall answer the motion by March 11, 2011 and shall make any cross-motion for summary judgment. By March 25, 2011, defendant shall submit its reply on its motion to dismiss and submit any application to stay plaintiff's cross-motion for summary judgment. If defendant does not apply for a stay, it shall answer plaintiff's motion for summary judgment by April 8, 2011. (Signed by Magistrate Judge James C. Francis on 12/3/2010) Copies Mailed By Chambers. (jpo) Modified on 1/5/2011 (jpo). (Entered: 12/03/2010)
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Dec. 3, 2010
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Dec. 3, 2010
PACER
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7
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NOTICE OF APPEARANCE by Melissa Goodman on behalf of Edith Schlain Windsor (Goodman, Melissa) (Entered: 12/28/2010)
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Dec. 28, 2010
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Dec. 28, 2010
RECAP
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8
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SCHEDULING ORDER: This Court's December 3, 2010 Order is revised as follow: By March 11, 2011, the defendant shall serve and file its motion to dismiss. Plaintiff Sha11 answer the motion by April 11, 2011 and shall make any cross-motion for summary judgment. By April 25, 2011, defendant shall submit its reply on its motion to dismiss and submit any application to stay plaintiff's cross-motion for summary judgment. If defendant does not apply for a stay, it shall answer plaintiff's motion for summary judgment by May 9, 2011. (Motions due by 3/11/2011. Cross Motions due by 4/11/2011. Responses due by 4/11/2011)(Signed by Magistrate Judge James C. Francis on 1/26/11) (djc) (Entered: 01/28/2011)
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Jan. 28, 2011
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Jan. 28, 2011
PACER
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9
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AMENDED COMPLAINT amending 1 Complaint against The United States Of America.Document filed by Edith Schlain Windsor. Related document: 1 Complaint filed by Edith Schlain Windsor.(mbe) (Entered: 02/03/2011)
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Feb. 2, 2011
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Feb. 2, 2011
Clearinghouse
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10
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NOTICE of Notice to the Court by Defendant the United States of America (with attachments). Document filed by The United States Of America. (Attachments: # 1 Attachment, # 2 Attachment)(Lin, Jean) (Entered: 02/25/2011)
1 Attachment
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2 Attachment
View on PACER
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Feb. 25, 2011
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Feb. 25, 2011
PACER
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11
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ORDER that: 1) Congress, should it wish to intervene in this matter, shall do so by April 18, 2011 by motion pursuant to Fed. R. Civ. Pro. 24(a), consistent with 28 U.S.C. §530D; and 2) Counsel for the plaintiff, the Department of Justice, and any Congressional intervenor shall appear on May 9, 2011 at 9:30 am for a conference with the Court to discuss how this case should proceed in light of the President's decision, as announced by the Attorney General on February 23, 2011, that Section 3 of the Defense of Marriage Act ("DOMA"), 1 U.S.C. § 7 as applied to same-sex couples who are legally married under state law, violates the equal protection component of the Fifth Amendment. SO ORDERED. (Status Conference set for 5/9/2011 at 09:30 AM before Magistrate Judge James C. Francis) (Signed by Magistrate Judge James C. Francis on 3/15/2011) (lnl) (Entered: 03/15/2011)
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March 15, 2011
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March 15, 2011
RECAP
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12
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MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 proposed order, # 2 Certificate of Service)(Clement, Paul) (Entered: 04/18/2011)
1 proposed order
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2 Certificate of Service
View on PACER
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April 18, 2011
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April 18, 2011
RECAP
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13
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MEMORANDUM OF LAW in Support re: 12 MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7. MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Clement, Paul) (Entered: 04/18/2011)
1 Exhibit 1
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2 Certificate of Service
View on PACER
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April 18, 2011
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April 18, 2011
RECAP
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14
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MOTION for Paul D. Clement, Richard A. Cirillo and the law firm of King & Spalding LLP to Withdraw as Attorney. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. Return Date set for 5/25/2011 at 09:30 AM. (Attachments: # 1 Certificate of Service)(Cirillo, Richard) (Entered: 04/25/2011)
1 Certificate of Service
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April 25, 2011
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April 25, 2011
RECAP
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15
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DECLARATION of Richard A. Cirillo in Support re: 14 MOTION for Paul D. Clement, Richard A. Cirillo and the law firm of King & Spalding LLP to Withdraw as Attorney.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Cirillo, Richard) (Entered: 04/25/2011)
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April 25, 2011
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April 25, 2011
RECAP
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16
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STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL: that Bancroft PLLC is hereby substituted for King & Spalding LLP as counsel in this action for intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives. Motions terminated: 14 MOTION for Paul D. Clement, Richard A. Cirillo and the law firm of King & Spalding LLP to Withdraw as Attorney filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Signed by Magistrate Judge James C. Francis on 4/26/2011) (tro) (Entered: 04/29/2011)
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April 26, 2011
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April 26, 2011
RECAP
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17
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NOTICE OF APPEARANCE by Conor Dugan on behalf of Bipartisan Legal Advisory Group of the U.S. House of Representatives (Dugan, Conor) (Entered: 05/02/2011)
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May 2, 2011
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May 2, 2011
PACER
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18
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NOTICE OF APPEARANCE by Conor Dugan on behalf of Bipartisan Legal Advisory Group of the U.S. House of Representatives (Dugan, Conor) (Entered: 05/02/2011)
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May 2, 2011
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May 2, 2011
PACER
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19
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NOTICE OF APPEARANCE by H Christopher Bartolomucci on behalf of Bipartisan Legal Advisory Group of the U.S. House of Representatives (Bartolomucci, H) (Entered: 05/02/2011)
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May 2, 2011
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May 2, 2011
PACER
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20
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RESPONSE to Motion re: 12 MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7. MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7.. Document filed by The United States Of America. (Attachments: # 1 Text of Proposed Order)(Lin, Jean) (Entered: 05/05/2011)
1 Text of Proposed Order
View on PACER
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May 5, 2011
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May 5, 2011
RECAP
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21
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NOTICE of Notice of Intent to File Reply re: 20 Response to Motion,, 12 MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7. MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) (Entered: 05/05/2011)
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May 5, 2011
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May 5, 2011
PACER
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22
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REVISED SCHEDULING ORDER: Plaintiff's summary judgment Motions due by 7/15/2011 (unless the House has not identified any experts pursuant to paragraphs 5 and 6 above, in which case plaintiff's motion for summary judgment shall be filed on or before June 24, 2011); Responses due by 8/15/2011; Replies due by 9/2/2011. All fact and Expert Discovery due by 7/11/2011. (Signed by Magistrate Judge James C. Francis on 5/11/11). (djc) (Entered: 05/11/2011)
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May 11, 2011
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May 11, 2011
RECAP
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23
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REPLY to Response to Motion re: 12 MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7. MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) (Entered: 05/12/2011)
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May 12, 2011
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May 12, 2011
RECAP
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24
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NOTICE OF CHANGE OF ADDRESS by Melissa Goodman on behalf of Edith Schlain Windsor. New Address: NYCLU, 125 Broad St, 19th Floor, New York, NY, USA 10004, 212.607.3300. (Goodman, Melissa) (Entered: 05/12/2011)
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May 12, 2011
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May 12, 2011
PACER
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25
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STIPULATION AND ORDER GOVERNING PROTECTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...This order may be modified by further order of the Court. (Signed by Magistrate Judge James C. Francis on 5/26/11) (cd) (Entered: 05/27/2011)
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May 27, 2011
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May 27, 2011
RECAP
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26
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MEMORANDUM AND ORDER granting 12 Motion to Intervene as a party defendant. (Signed by Magistrate Judge James C. Francis on 6/2/11); Copies mailed by Chambers. (djc) (Entered: 06/02/2011)
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June 2, 2011
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June 2, 2011
PACER
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27
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ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Roberta A. Kaplan dated 6/9/2011 re: Counsel for the Plaintiff writes to provide the Court with an update concerning the schedule in the above-captioned matter and to request permission to file an initial moving brief of up to 45 pages. ENDORSEMENT: Application granted. (Signed by Judge Barbara S. Jones on 6/13/2011) (ab) (Entered: 06/13/2011)
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June 13, 2011
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June 13, 2011
PACER
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28
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MOTION for Summary Judgment. Document filed by Edith Schlain Windsor.(Ehrlich, Andrew) (Entered: 06/24/2011)
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June 24, 2011
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June 24, 2011
PACER
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29
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MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) (Entered: 06/24/2011)
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June 24, 2011
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June 24, 2011
RECAP
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30
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AFFIDAVIT of Andrew J. Ehrlich in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Ehrlich, Andrew) (Entered: 06/24/2011)
1 Exhibit 1
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2 Exhibit 2
View on PACER
3 Exhibit 3
View on PACER
4 Exhibit 4
View on PACER
5 Exhibit 5
View on PACER
6 Exhibit 6
View on PACER
7 Exhibit 7
View on PACER
8 Exhibit 8
View on PACER
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June 24, 2011
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June 24, 2011
PACER
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31
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AFFIDAVIT of Edith Schlain Windsor in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Ehrlich, Andrew) (Entered: 06/24/2011)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
4 Exhibit D
View on PACER
5 Exhibit E
View on PACER
6 Exhibit F
View on PACER
7 Exhibit G
View on PACER
8 Exhibit H
View on PACER
9 Exhibit I
View on PACER
10 Exhibit J
View on PACER
11 Exhibit K
View on PACER
12 Exhibit L
View on PACER
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June 24, 2011
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June 24, 2011
PACER
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32
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AFFIDAVIT of Letitia Anne Peplau, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) (Entered: 06/24/2011)
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June 24, 2011
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June 24, 2011
PACER
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33
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AFFIDAVIT of Nancy F. Cott, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) (Entered: 06/24/2011)
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June 24, 2011
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June 24, 2011
PACER
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34
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AFFIDAVIT of Michael Lamb, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) (Entered: 06/24/2011)
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June 24, 2011
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June 24, 2011
PACER
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35
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AFFIDAVIT of George Chauncey, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) (Entered: 06/24/2011)
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June 24, 2011
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June 24, 2011
PACER
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36
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AFFIDAVIT of Gary Segura, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) (Entered: 06/24/2011)
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June 24, 2011
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June 24, 2011
PACER
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37
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RULE 56.1 STATEMENT. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) (Entered: 06/24/2011)
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June 24, 2011
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June 24, 2011
RECAP
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42
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ENDORSED LETTER addressed to Judge Barbara S. Jones and Magistrate Judge James C. Francis from Conor B. Dugan dated 7/26/11 re: counsel for Defendant-Intervenor the Bipartisan Legal Advisory Group of the U.S. House of Representatives respectfully writes to request permission to file briefs totaling 70 pages for our opposition to plaintiff's motion for summary judgment and in support of our separate motion to dismiss, to be apportioned as necessary. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge Barbara S. Jones on 7/26/11) (pl) Modified on 7/27/2011 (pl). (Entered: 07/27/2011)
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July 26, 2011
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July 26, 2011
PACER
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38
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FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File Brief Amicus Curiae of New York State in Support of Plaintiff. Document filed by New York State. (Attachments: # 1 Memorandum of Law in Support, # 2 Proposed Brief)(Heller, Simon) Modified on 7/26/2011 (ldi). (Entered: 07/26/2011)
1 Memorandum of Law in Support
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2 Proposed Brief
View on PACER
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July 26, 2011
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July 26, 2011
PACER
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39
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FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 38 MOTION for Leave to File Brief Amicus Curiae of New York State in Support of Plaintiff. Document filed by New York State. (Heller, Simon) Modified on 7/27/2011 (ldi). (Entered: 07/26/2011)
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July 26, 2011
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July 26, 2011
RECAP
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40
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CONSENT MOTION for Leave to File amicus curiae brief in support of the Plaintiff. Document filed by New York State. (Attachments: # 1 Proposed Brief)(Heller, Simon) (Entered: 07/27/2011)
1 Proposed Brief
View on RECAP
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July 27, 2011
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July 27, 2011
PACER
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41
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MEMORANDUM OF LAW in Support re: 40 CONSENT MOTION for Leave to File amicus curiae brief in support of the Plaintiff.. Document filed by New York State. (Heller, Simon) (Entered: 07/27/2011)
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July 27, 2011
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July 27, 2011
RECAP
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43
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MEMORANDUM AND ORDER: For the reasons listed herein, the plaintiff's letter motion to compel is granted to the extent that BLAG shall answer Interrogatories 1 and 3 and RFA no. 1 by August 1, 2011. In all other respects, the motion is denied. (Signed by Magistrate Judge James C. Francis on 7/28/2011) Copies Mailed By Chambers. (mro) (Entered: 07/28/2011)
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July 28, 2011
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July 28, 2011
RECAP
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44
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Letter addressed to Magistrate Judge James C. Francis IV from Julie E. Fink dated 7/19/2011 re: It has come to our attention that the incorrect documents were inadvertently included as Exhibits A and B to plaintiff's July 18 letter motion to compel. Document filed by Edith Schlain Windsor.(lmb) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
PACER
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45
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Letter addressed to Magistrate Judge James C. Francis IV from Roberta A. Kaplan dated 7/18/2011 re: We respectfully submit this letter in accordance with Fed. R. Civ. P. 37 to compel responses to certain of the interrogatories and requests for admission that we propounded on party-defendant, the Bipartisan Legal Advisory Group of the House of Representatives ("BLAG"). Document filed by Edith Schlain Windsor.(lmb) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
PACER
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46
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Letter addressed to Magistrate Judge James C. Francis IV from Paul D. Clement dated 7/25/2011 re: The House respectfully requests that the Court deny Plaintiff's motion to compel further discovery responses. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives.(lmb) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
PACER
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47
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Letter addressed to Magistrate Judge James C. Francis IV from Roberta A. Kaplan dated 7/25/2011 re: Because, in their letter dated July 25, 2011 (the "July 25 letter"), the Bipartisan Legal Advisory Group of the House of Representatives ("BLAG") adds little to their initial objections refusing to respond in substance to Mr. Windsor's discovery requests, this reply will be brief. Plaintiff respectfully requests that the Court grant her motion to compel. Document filed by Edith Schlain Windsor.(lmb) (Entered: 07/29/2011)
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July 29, 2011
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July 29, 2011
PACER
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48
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NOTICE OF APPEARANCE by Kerry William Kircher on behalf of Bipartisan Legal Advisory Group of the U.S. House of Representatives (Kircher, Kerry) (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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49
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MOTION to Dismiss Amended Complaint. Document filed by The United States Of America.(Lin, Jean) (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
RECAP
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50
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MEMORANDUM OF LAW in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
RECAP
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51
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RULE 56.1 STATEMENT. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
RECAP
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52
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MOTION to Dismiss. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives.(Kircher, Kerry) (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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53
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MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kircher, Kerry) (Entered: 08/01/2011)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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54
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DECLARATION of Conor B. Dugan in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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55
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit A in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db). (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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56
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit B in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db). (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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57
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit C in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db). (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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58
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit D in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db). (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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59
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit E-1 in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db). (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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60
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit E-2 in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db). (Entered: 08/01/2011)
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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61
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FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit F in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/3/2011 (db). (Entered: 08/02/2011)
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Aug. 1, 2011
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Aug. 1, 2011
PACER
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62
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DECLARATION of Conor B. Dugan in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E (part 1), # 6 Exhibit E (part 2), # 7 Exhibit F)(Kircher, Kerry) (Entered: 08/02/2011)
1 Exhibit A
View on PACER
2 Exhibit B
View on PACER
3 Exhibit C
View on PACER
4 Exhibit D
View on PACER
5 Exhibit E (part 1)
View on PACER
6 Exhibit E (part 2)
View on PACER
7 Exhibit F
View on PACER
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Aug. 2, 2011
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Aug. 2, 2011
PACER
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63
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MEMO ENDORSED: granting 40 Motion for Leave to File Brief for the state of New York as Amicus Curiae in Support of the Plaintiff. ENDORSEMENT: Motion granted. (Signed by Magistrate Judge James C. Francis on 8/3/2011) (mbe) (Entered: 08/03/2011)
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Aug. 3, 2011
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Aug. 3, 2011
RECAP
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64
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ENDORSED LETTER addressed to Judge Barbara S. Jones and Magistrate Judge James C. Francis IV from Jean Lin dated 8/5/2011 re: Counsel for the Defendant writes to request that they be permitted to file a brief of up to 35 pages. ENDORSEMENT: Application granted. (Signed by Judge Barbara S. Jones on 8/5/2011) (ab) (Entered: 08/05/2011)
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Aug. 5, 2011
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Aug. 5, 2011
PACER
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65
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MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment. Document filed by Edith Schlain Windsor.(Kaplan, Roberta) (Entered: 08/10/2011)
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Aug. 10, 2011
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Aug. 10, 2011
PACER
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66
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MEMORANDUM OF LAW in Support re: 65 MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) (Entered: 08/10/2011)
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Aug. 10, 2011
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Aug. 10, 2011
PACER
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67
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AFFIDAVIT of Roberta A. Kaplan in Support re: 65 MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment.. Document filed by Edith Schlain Windsor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kaplan, Roberta) (Entered: 08/10/2011)
1 Exhibit A
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2 Exhibit B
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3 Exhibit C
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Aug. 10, 2011
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Aug. 10, 2011
PACER
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68
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ORDER: BLAG is directed to file its opposition to Plaintiff's motion to strike on or before August 19, 2011. Plaintiff's reply, if any, is due no later than August 23, 2011. Pending resolution of the motion to strike, Plaintiff's deadline for filing a reply brief in support of her motion for summary judgment is adjourned. The Court will decide the motion to strike promptly and will issue a date for submission of Plaintiff's reply in accordance with that decision. Plaintiff may file an opposition to BLAG's motion to dismiss of up to 35 pages; the deadline for submission of this opposition remains August 19, 2011. Plaintiff's request to file a reply in support of her motion for summary judgment of up to 25 pages will be decided along with the Court's resolution of the motion to strike. Set Deadlines/Hearing as to 65 MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment:( Responses due by 8/19/2011, Replies due by 8/23/2011.) (Signed by Judge Barbara S. Jones on 8/15/2011) (mro) Modified on 8/16/2011 (mro). (Entered: 08/15/2011)
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Aug. 15, 2011
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Aug. 15, 2011
PACER
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69
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RESPONSE in Opposition re: 65 MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kircher, Kerry) (Entered: 08/19/2011)
1 Exhibit A
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2 Exhibit B
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Aug. 19, 2011
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Aug. 19, 2011
PACER
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70
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MEMORANDUM OF LAW in Opposition re: 52 MOTION to Dismiss.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) (Entered: 08/19/2011)
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Aug. 19, 2011
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Aug. 19, 2011
PACER
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71
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RESPONSE to Motion re: 28 MOTION for Summary Judgment.. Document filed by The United States Of America. (Lin, Jean) (Entered: 08/19/2011)
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Aug. 19, 2011
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Aug. 19, 2011
PACER
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72
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RESPONSE to Motion re: 52 MOTION to Dismiss. (Same Filing As ECF No. 71). Document filed by The United States Of America. (Lin, Jean) (Entered: 08/19/2011)
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Aug. 19, 2011
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Aug. 19, 2011
RECAP
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73
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REPLY MEMORANDUM OF LAW in Support re: 65 MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) (Entered: 08/22/2011)
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Aug. 22, 2011
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Aug. 22, 2011
PACER
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74
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DECLARATION of Lisa M. Diamond in Support re: 65 MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) (Entered: 08/22/2011)
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Aug. 22, 2011
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Aug. 22, 2011
PACER
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75
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ORDER denying 65 Motion to Strike. Before the Court is Plaintiff's Motion to Strike filed August 10, 2011. After review of the submissions of both parties, Plaintiff's Motion is DENIED. However, the Court finds that the submission of additional evidence by Plaintiff regarding the topics discussed in the motion to strike would be helpful in deciding the pending motion for summary judgment. Therefore, Plaintiff's alternative request to submit "additional affidavits and rebuttal evidence" is GRANTED. Plaintiff's request to file a reply brief of up to 30 pages is GRANTED. Plaintiff's reply is due on or before September 16, 2011. (Signed by Judge Barbara S. Jones on 8/29/2011) (js) (Entered: 08/30/2011)
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Aug. 29, 2011
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Aug. 29, 2011
PACER
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76
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MOTION for Clarification., MOTION for Leave to File Excess Pages., MOTION for Leave to File Sur-Reply. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives.(Kircher, Kerry) (Entered: 09/02/2011)
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Sept. 2, 2011
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Sept. 2, 2011
PACER
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77
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MEMORANDUM OF LAW in Support re: 76 MOTION for Clarification. MOTION for Leave to File Excess Pages. MOTION for Leave to File Sur-Reply.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) (Entered: 09/02/2011)
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Sept. 2, 2011
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Sept. 2, 2011
RECAP
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78
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MEMORANDUM OF LAW in Opposition re: 76 MOTION for Clarification. MOTION for Leave to File Excess Pages. MOTION for Leave to File Sur-Reply.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) (Entered: 09/06/2011)
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Sept. 6, 2011
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Sept. 6, 2011
PACER
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79
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ORDER terminating 76 Motion ; granting 76 Motion for Leave to File Excess Pages; denying 76 Motion for Leave to File Document. The Court considers Defendant's filing of a motion to address this issue unnecessary; in the future, a simple letter by mail or fax requesting clarification would suffice. Defendant's motion in the alternative to extend the deadline is DENIED. The deadline for Defendant's reply remains 9/9/2011. Defendant's request for an extension of the page limit for its reply in support of their motion to dismiss is GRANTED. Defendant may file a reply brief of up to seventeen pages. As to Defendant's request for leave to file a surreply, the Court denies the request as premature. As the Plaintiff's reply has not yet been filed, the Court cannot now determine whether any "new or unexpected" arguments or issues will be raised that would necessitate a surreply. Defendant may renew its request after the reply brief is submitted if new issues are raised in Plaintiff's reply. (Signed by Judge Barbara S. Jones on 9/6/2011) (tro) (Entered: 09/07/2011)
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Sept. 6, 2011
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Sept. 6, 2011
PACER
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80
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REPLY MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) (Entered: 09/09/2011)
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Sept. 9, 2011
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Sept. 9, 2011
RECAP
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81
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REPLY MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) (Entered: 09/15/2011)
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Sept. 15, 2011
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Sept. 15, 2011
PACER
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82
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DECLARATION of Roberta A. Kaplan in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kaplan, Roberta) (Entered: 09/15/2011)
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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Sept. 15, 2011
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Sept. 15, 2011
PACER
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83
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REPLY AFFIDAVIT of Edith Schlain Windsor in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) (Entered: 09/15/2011)
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Sept. 15, 2011
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Sept. 15, 2011
RECAP
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84
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REPLY AFFIDAVIT of Anne Peplau, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) (Entered: 09/15/2011)
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Sept. 15, 2011
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Sept. 15, 2011
PACER
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85
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REPLY AFFIDAVIT of Michael Lamb, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) (Entered: 09/15/2011)
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Sept. 15, 2011
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Sept. 15, 2011
PACER
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86
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DECLARATION of Lisa M. Diamond in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) (Entered: 09/15/2011)
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Sept. 15, 2011
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Sept. 15, 2011
PACER
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87
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MOTION for Leave to File Sur-Reply. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives.(Kircher, Kerry) (Entered: 09/20/2011)
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Sept. 20, 2011
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Sept. 20, 2011
RECAP
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88
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MEMORANDUM OF LAW in Support re: 87 MOTION for Leave to File Sur-Reply.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) (Entered: 09/20/2011)
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Sept. 20, 2011
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Sept. 20, 2011
PACER
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89
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ORDER: Any response to Defendant's motion for leave to file a sur-reply in opposition to Plaintiff's motion for summary judgment may be submitted by letter brief. (Signed by Judge Barbara S. Jones on 9/21/2011) (jfe) (Entered: 09/21/2011)
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Sept. 21, 2011
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Sept. 21, 2011
PACER
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90
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ORDER denying 87 Motion for Leave to File Document. After review of both parties' submissions, Intervenor-Defendant's Motion is DENIED. (Signed by Judge Barbara S. Jones on 10/18/2011) (ft) (Entered: 10/18/2011)
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Oct. 18, 2011
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Oct. 18, 2011
PACER
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91
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NOTICE of Recent Decisions re: 50 Memorandum of Law in Opposition to Motion, 53 Memorandum of Law in Support of Motion. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kircher, Kerry) (Entered: 10/20/2011)
1 Exhibit A
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2 Exhibit B
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Oct. 20, 2011
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Oct. 20, 2011
PACER
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92
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RESPONSE re: 91 Notice (Other), Notice (Other). Document filed by Edith Schlain Windsor. (Kaplan, Roberta) (Entered: 10/21/2011)
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Oct. 21, 2011
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Oct. 21, 2011
PACER
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93
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ORDER granting 28 Motion for Summary Judgment; denying 49 Motion to Dismiss; denying 52 Motion to Dismiss. CONCLUSION: For the foregoing reasons, Plaintiff's motion for summary judgment is GRANTED and Defendant-Intervenor's motion to dismiss is DENIED. The Court delcares that section 3 of the Defense of Marriage Act, 1 U.S.C. Section 7, is unconstitutional as applied to Plaintiff. Plaintiff is awarded judgment in the amount of $363,053.00, plus interest and costs allowed by law. Each party shall bear their own costs and fees. This case is CLOSED. The clerk of the court is directed to terminate the motions at docket numbers 28, 49, and 52. (Signed by Judge Barbara S. Jones on 6/6/2012) (bw) Modified on 6/7/2012 (ml). (Entered: 06/06/2012)
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June 6, 2012
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June 6, 2012
Clearinghouse
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94
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CLERK'S JUDGMENT # 12,0973 That for the reasons stated in the Court's Order dated June 6, 2012, Plaintiff's motion for summary judgment is granted and Defendant-Intervenor's motion to dismiss is denied; the Court declares that section 3 of the Defense of Marriage Act, 1 U.S.C. § 7, is unconstitutional as applied to Plaintiff; Plaintiff is awarded judgment in the amount of $363,053.00, plus interest and costs allowed by law; each party shall bear their own costs and fees; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 6/7/12) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml) (Entered: 06/07/2012)
1 NOTICE OF RIGHT TO APPEAL
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June 7, 2012
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June 7, 2012
RECAP
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95
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NOTICE OF APPEAL from 93 Order on Motion for Summary Judgment, Order on Motion to Dismiss,,,,,,, 94 Clerk's Judgment,,. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kircher, Kerry) (Entered: 06/08/2012)
1 Exhibit A
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2 Exhibit B
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June 8, 2012
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June 8, 2012
RECAP
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96
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FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by The United States Of America. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Lin, Jean) Modified on 6/14/2012 (tp). (Entered: 06/14/2012)
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June 14, 2012
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June 14, 2012
RECAP
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97
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CORRECTED NOTICE OF APPEAL re: 96 Notice of Appeal, 93 Order on Motion for Summary Judgment, Order on Motion to Dismiss,,,,,,, 94 Clerk's Judgment,,. Document filed by The United States Of America. (Attachments: # 1 Exhibit Judgment, # 2 Exhibit Order)(Lin, Jean) (Entered: 06/14/2012)
1 Exhibit Judgment
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2 Exhibit Order
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June 14, 2012
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June 14, 2012
RECAP
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98
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Letter addressed to Judge Barbara S. Jones from Roberta A. Kaplan dated 5/31/2012 re: We write on behalf of plaintiff Edie Windsor to bring to the Court's attention the decision issued earlier today by the Unites States Court of Appeals for the First Circuit holding that Section 3 of the Defense of Marriage Act ("DOMA") is unconstitutional in a case that presents substantially similar facts and raises overlapping legal issues as the above-captioned matter Document filed by Edith Schlain Windsor.(ama) (Entered: 08/07/2012)
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Aug. 7, 2012
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Aug. 7, 2012
PACER
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99
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Letter addressed to Judge Barbara S. Jones from Roberta A. Kaplan dated 5/29/2012 re: We write on behalf of plaintiff Edie Windsor to bring to the Court's attention a decision issued last week by Judge Claudia Wilken of the Northern District of California holding that Section 3 of the Defense of Marriage Act ("DOMA") is unconstitutional in a case that presents substantially similar facts and raises similar legal issues as the above-captioned matter currently pending before Your Honor. Document filed by Edith Schlain Windsor.(ama) (Entered: 08/07/2012)
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Aug. 7, 2012
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Aug. 7, 2012
PACER
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100
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Letter addressed to Judge Barbara S. Jones from Roberta A. Kaplan dated 5/29/2012 re: We write to follow up on our March 28 letter, in which we enclosed the Motion to Consolidate and Expedite Appeals filed by the United States Department of Justice in the United States Court of Appeals for the Ninth Circuit in the Golinski case (the "DOJ Br."). For many of the same reasons stated in the DOJ's motion to expedite in Golinski, Ms. Windsor respectfully requests that this Court issue a decision on her pending motion for summary judgment (and defendant-intervenor's motion to dismiss) as promptly as possible. Document filed by Edith Schlain Windsor.(ama) (Entered: 08/07/2012)
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Aug. 7, 2012
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Aug. 7, 2012
PACER
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