Case: Windsor v. United States

1:10-cv-08435 | U.S. District Court for the Southern District of New York

Filed Date: Nov. 9, 2010

Closed Date: May 30, 2014

Clearinghouse coding complete

Case Summary

This is the case in which, on June 26, 2013, the Supreme Court held the Defense of Marriage Act unconstitutional, because it stigmatizes same sex couples and violates the Equal Protection Clause. On November 9, 2010, a woman serving as the executor of the estate of her late same-sex spouse filed a lawsuit under 42 U.S.C. § 1983 and 26 U.S.C. § 7422 against the United States in the U.S. District Court for the Southern District of New York. The plaintiff, represented by the national and state AC…

This is the case in which, on June 26, 2013, the Supreme Court held the Defense of Marriage Act unconstitutional, because it stigmatizes same sex couples and violates the Equal Protection Clause.

On November 9, 2010, a woman serving as the executor of the estate of her late same-sex spouse filed a lawsuit under 42 U.S.C. § 1983 and 26 U.S.C. § 7422 against the United States in the U.S. District Court for the Southern District of New York. The plaintiff, represented by the national and state ACLU and by private counsel, asked the court for injunctive and monetary relief, alleging a violation of equal protection. Specifically, the plaintiff claimed that operation of Section 3 of the Defense of Marriage Act (DOMA) to require her to pay federal estate tax, a tax from which opposite-sex spouses are exempt, on the estate of her same-sex spouse violated the equal protection component of the due process clause of the Fifth Amendment.

The plaintiff first met her late spouse in 1963, in New York City, and entered into a committed relationship with her shortly thereafter. On 1993, the couple registered as domestic partners in New York City, and in 2007, with the late spouse's health failing, the couple decided to marry in Canada, where same-sex marriage was legal. In 2009, plaintiff's late-spouse passed away, and plaintiff was forced to pay $363,053 in federal estate tax, because under DOMA she did not qualify for the unqualified marital deduction. Plaintiff decided to commence a suit seeking to enjoin DOMA and to receive a refund of the tax she had been made to pay under it.

On February 25, 2011, the Department of Justice, representing the defendant, notified the court that it had come to the conclusion that DOMA is unconstitutional and that it would thus cease defending it. In response, on April 18, 2011, the Bipartisan Legal Advisory Group of the House of Representatives (BLAG) moved to intervene in defense of the act, and the Court (Magistrate Judge James C. Francis) granted its motion on June 2, 2011.

On June 24, 2011, plaintiff moved for summary judgment, and on August 1, BLAG moved to dismiss plaintiff's complaint.

On June 6, 2012, the Court (Judge Barbara S. Jones) addressed both motions, denying BLAG's motion to dismiss and granting plaintiff's motion for summary judgment. Windsor v. United States, No. 1:10-cv-08435, 2012 WL 2019716 (S.D.N.Y. June 6, 2012). The Court found as a threshold matter that plaintiff had standing to pursue the suit because the State of New York recognized same-sex marriages legally conducted in other jurisdictions in 2009, and thus plaintiff's Canadian marriage was recognized under New York law. It went on to find that there was no rational basis for Section 3 of DOMA, and declared that section unconstitutional and awarded plaintiff the $363,053 refund she sought.

BLAG appealed the District Court's decision to the Court of Appeals for the Second Circuit on June 8, 2012, and the Department of Justice appealed on June 14. The plaintiff filed a motion to expedite the appeal, and on June 22, 2012 the Court of Appeals granted the motion and scheduled oral argument for the week of September 24, 2012.

On July 16, 2012, the plaintiff filed a petition for a writ of certiorari in the Supreme Court before judgment in the Court of Appeals, citing her age and failing health and the number of other petitions before the Court on the same issue (e.g. Bipartisan Legal Advisory Group of the U.S. House of Representatives v. Gill , No. 12-13 [PB-MA-0006], Department of Health & Human Services v. Massachusetts, No. 12-15 [PB-MA-0005], Office of Personnel Management v. Golinski, No. 12-16 [PB-CA-0031]) as considerations.

On October 18, 2012, a three-judge panel of the Second Circuit affirmed the District Court's judgment in a 2-to-1 decision. Windsor v. United States, No. 12-2335 (2d Cir. Oct. 18, 2012). The majority, in an opinion penned by Chief Judge Dennis G. Jacobs, held that classifications based on sexual orientation should be subject to intermediate scrutiny, and that Section 3 of DOMA could not withstand that standard of review. They declined to address whether Section 3 would pass muster under a lower standard. Judge Chester J. Straub, in dissent, would have held that rational basis review was the appropriate level of scrutiny and that DOMA passed it.

On December 7, 2012, the Supreme Court granted certiorari review, ordering briefing on the questions (1) whether DOMA was constitutional, under the Equal Protection Clause, (2) whether the Executive Branch's agreement with the court below that DOMA is unconstitutional deprives the Supreme Court of jurisdiction to decide this case; and (3) whether the Bipartisan Legal Advisory Group of the United States House of Representatives has Article III standing in this case. Argument is scheduled for March 27, 2013. On December 11, the Supreme Court appointed Vicki Jackson, a professor of constitutional law at Harvard Law School, as an amicus curiae to argue questions (2) and (3).

(On December 27, BLAG sought certiorari in its own right to ensure that the Supreme Court can still rule on Section 3 of DOMA in the event that the Supreme Court finds that it lacks jurisdiction to rule due to the DOJ's agreement with the 2nd Circuit.)

On June 26, 2013, the Supreme Court held that the case was justiciable, and struck down DOMA as an affront to the Equal Protection rights of same-sex couples. Justice Kennedy wrote for the 5-person majority, and explained:

"The Constitution's guarantee of equality 'must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot' justify disparate treatment of that group. Department of Agriculture v. Moreno, 413 U. S. 528, 534-535 (1973). In determining whether a law is motived by animproper animus or purpose, '[d]iscriminations of an unusual character'" especially require careful consideration. Supra, at 19 (quoting Romer, supra, at 633). DOMA cannot survive under these principles." "DOMA's principal effect is to identify a subset of state sanctioned marriages and make them unequal. The principal purpose is to impose inequality."

The Court emphasized that it was NOT holding that states had to allow same-sex marriages: "This opinion and its holding are confined to . . . lawful marriages," it said.

Chief Justice Roberts wrote separately to emphasize that the decision rested on federalism principles, and did not entail the unconstitutionality of state bans on same-sex marriage. Justice Scalia wrote separately (joined by Justice Thomas and by the Chief Justice in part) to opine that the Court lacked Article III jurisdiction over the case, and that DOMA was constitutional. Justice Alito wrote separately (joined on the merits by Justice Thomas), taking the position that "BLAG" (the House Republicans) had standing, and that DOMA was constitutional.

On May 30, 2014, the United States Court of Appeals for the Second Circuit issued an order affirming the District Court's judgment.

Summary Authors

Claire Lally (2/8/2015)

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PA Department of Health v. Hanes, Pennsylvania state trial court (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4348332/parties/windsor-v-united-states/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Francis, James C. IV (New York)

Jacobs, Dennis G. (New York)

Jones, Barbara S. (New York)

Kennedy, Anthony McLeod (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Alvare, Helen (Virginia)

Block, Joshua A (New York)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Francis, James C. IV (New York)

Jacobs, Dennis G. (New York)

Jones, Barbara S. (New York)

Kennedy, Anthony McLeod (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Straub, Chester J. (New York)

Attorneys(s) for Plaintiff

Alvare, Helen (Virginia)

Block, Joshua A (New York)

Cooper, Leslie (New York)

Delery, Stuart F. (District of Columbia)

Deutsch, Ruthanne M. (District of Columbia)

Ehrlich, A. Joshua (New York)

Eisenberg, Arthur (New York)

Esseks, James Dixon (New York)

Fink, Julie Eden (New York)

Fisher, Jeffrey L. (California)

Flentje, August E. (District of Columbia)

Gilbert, Helen L (District of Columbia)

Goodman, Melissa (New York)

Hirose, Mariko (New York)

Jackson, Vicki (District of Columbia)

Janghorbani, Jaren (New York)

Kaplan, Roberta Ann (New York)

Karlan, Pamela S. (New York)

Karteron, Alexis (New York)

Kelly, Colin S. (New York)

Millett, Patricia A. (District of Columbia)

Rieman, Walter (New York)

Saxe, Rose A. (New York)

Shah, Pratik A. (District of Columbia)

Shapiro, Steven R. (New York)

Singer, Michael Jay (District of Columbia)

Small, Michael C. (District of Columbia)

Srinivasan, Srikanth (District of Columbia)

Attorneys(s) for Defendant

Lin, Jean (District of Columbia)

Other Attorney(s)

Barbur, Peter T. (New York)

Bartolomucci, H. Christopher (District of Columbia)

Bellows, Laura G. (Illinois)

Berner, Nicole (District of Columbia)

Boccuzzi, Carmine Daniel (New York)

Boddie, Elise C. (New York)

Boyle, David C. (California)

Bradley, Gerard V. (Indiana)

Brenner, Anita Susan (California)

Broyles, Dean Robert (California)

Brunstad, G. Eric Jr. (Connecticut)

Burke, Paul C. (Utah)

Carmichael, Holly L. (California)

Cirillo, Richard A. (New York)

Clement, Paul D. (District of Columbia)

Codell, David C. (California)

Connors, Catherine (Maine)

Davenport, Christine (District of Columbia)

Davis, Nicholas Shea (New York)

Dellinger, Walter (District of Columbia)

Dewart, Deborah Jane (North Carolina)

Dugan, Conor Brendan (District of Columbia)

Duncan, William C. (Utah)

Durham, W. Cole (Utah)

Eastman, John C. (California)

Eidsmoe, John A. (Alabama)

Englert, Roy T. Jr. (District of Columbia)

Ferrara, Peter J. (Virginia)

Fitschen, Steven W. (Virginia)

Franklin, Jonathan S. (District of Columbia)

George, Robert P. (West Virginia)

Hallward-Driemeier, Douglas Harry (District of Columbia)

Heller, Simon (New York)

Hileman, Elizabeth L. (Maryland)

Hunter, Nan C. (District of Columbia)

Joseph, Lawrence J (District of Columbia)

Keating, Katherine (California)

Keetch, Von G. (Utah)

Kircher, Kerry W. (District of Columbia)

Laycock, Douglas (Virginia)

Lewis, R. Bradley (Louisiana)

Lewis [inactive], Robert Bradley (Louisiana)

LiMandri, Charles Salvatore (California)

Lindblom, Marjorie P. (New York)

Linton, Paul Benjamin (Illinois)

Long, Robert A. Jr. (District of Columbia)

Man, Christopher (District of Columbia)

Mauck, John W. (Illinois)

McGill, Lori Alvino (District of Columbia)

McGinley, Michael H. (District of Columbia)

McNamara, Robert J. (Virginia)

Moon, Jeffrey Hunter (District of Columbia)

Morrison, Alan B. (District of Columbia)

Moses, Michael F. (District of Columbia)

Nelles, Sharon L. (New York)

Nelson, Nicholas J. (District of Columbia)

Nemetz, Miriam R. (District of Columbia)

O'Donnell, Nicholas M. (Massachusetts)

Pafford, Abram J. (District of Columbia)

Phelps, Margie J. (Kansas)

Phillips, Carter G (District of Columbia)

Picarello, Anthony R Jr (District of Columbia)

Pincus, Andrew J. (District of Columbia)

Pittard, William (District of Columbia)

Potter, Trevor (District of Columbia)

Rassbach, Eric C (District of Columbia)

Rhee, Christopher S. (District of Columbia)

Rosen, Sanford Jay (California)

Roumel, Eleni M. (District of Columbia)

Russell, Kevin K. (District of Columbia)

Schwartz, Dovid Zechariah (New York)

Segroves, James Frederick (District of Columbia)

Sekulow, Jay Alan (District of Columbia)

Sheehan, William F. (District of Columbia)

Smith, Paul M. (District of Columbia)

Staver, Mathew D. (Florida)

Stern, Michael L. (Virginia)

Stetson, Catherine E. (District of Columbia)

Stewart, Monte N. (Idaho)

Tatelman, Todd B. (District of Columbia)

Taylor, A. Lavar (California)

Titus, Herbert W. (Virginia)

Trachtman, Jeffery S (New York)

Tringali, Joseph (New York)

Underwood, Barbara L. (New York)

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

Waggoner, Kristen Kellie (Washington)

Walker, Mary Beth (District of Columbia)

Wardle, Lynn Dennis (Utah)

Willett, Sabin (Massachusetts)

Wolfson, Paul R. Q. (Illinois)

Wolinsky, Marc (New York)

Wydra, Elizabeth B. (District of Columbia)

Zoeller, Gregory F. (Indiana)

Expert/Monitor/Master

Brown, John Robert (Louisiana)

Kaye, Joshua D. (New York)

Documents in the Clearinghouse

Document

Docket (PACER)

United States v. Windsor

Supreme Court of the United States

June 26, 2013 Docket

Docket [PACER]

May 30, 2014 Docket
9

Amended Complaint

Feb. 2, 2011 Complaint
93

Order [Denying Defendants' Motions to Dimiss and Granting Plaintiff's Motion for Summary Judgment]

833 F.Supp.2d 394, 2012 WL 2019716

June 6, 2012 Order/Opinion

[Plaintiff's] Petition for Writ of Certiorari Before Judgment

Supreme Court of the United States

July 16, 2012 Pleading / Motion / Brief

[BLAG's] Brief in Opposition [to Plaintiff's Petition for Writ of Certiorari Before Judgment]

U. S. Court of Appeals for the Second Circuit

Aug. 31, 2012 Pleading / Motion / Brief

[United States'] Petition for Writ of Certiorari Before Judgment

United States v. Windsor

U. S. Court of Appeals for the Second Circuit

Aug. 31, 2012 Pleading / Motion / Brief

[Plaintiff's] Reply in Support of Petition for Writ of Certiorari Before Judgment

New York state appellate court

Sept. 5, 2012 Pleading / Motion / Brief

[Plaintiff's] Response in Support of Writ of Certiorari Before Judgment

United States v. Windsor

Supreme Court of the United States

Oct. 10, 2012 Pleading / Motion / Brief

[Second Circuit] Opinion [Affirming the District Court's Judgment]

U. S. Court of Appeals for the Second Circuit

699 F.3d 169

Oct. 18, 2012 Order/Opinion

Resources

Title Description External URL

Stealth Advocacy Can (Sometimes) Change the World

Margo Schlanger

Part I of this Review addresses the parenting-equality case study. I summarize Gash’s account and add to it the cautionary tale of the 2002 failure of stealth parenting-equality advocacy in Michigan.… Jan. 1, 2015 https://michiganlawreview.org/stealth-advocacy/

Oyez: Windsor v. United States

Chicago Kent College of Law

Information about the Supreme Court oral argument and decision in Windsor v. United States, including a recording and transcript of the oral argument. This was the case in which the Court held that … http://www.oyez.org/cases/2010-2019/2012/2012_12_307

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4348332/windsor-v-united-states/

Last updated May 12, 2022

ECF Number Description Date Link
1

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)

Nov. 9, 2010 PACER
1

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)

Nov. 9, 2010
2

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)

Nov. 10, 2010 PACER

SUMMONS ISSUED as to The United States Of America, U.S. Attorney and U.S. Attorney General. (ama) (Entered: 11/09/2010)

Nov. 9, 2010
3

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)

Nov. 23, 2010 PACER

Magistrate Judge James C. Francis IV is so designated. (ama) (Entered: 11/09/2010)

Nov. 9, 2010
4

NOTICE OF APPEARANCE by Jean Lin on behalf of The United States Of America (Lin, Jean) (Entered: 12/02/2010)

Dec. 2, 2010 PACER

Case Designated ECF. (ama) (Entered: 11/09/2010)

Nov. 9, 2010
2

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)

Nov. 10, 2010
5

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)

Dec. 2, 2010 PACER
3

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)

Nov. 23, 2010
6

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)

Dec. 3, 2010 PACER
7

NOTICE OF APPEARANCE by Melissa Goodman on behalf of Edith Schlain Windsor (Goodman, Melissa) (Entered: 12/28/2010)

Dec. 28, 2010 RECAP
4

NOTICE OF APPEARANCE by Jean Lin on behalf of The United States Of America (Lin, Jean) (Entered: 12/02/2010)

Dec. 2, 2010
8

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)

Jan. 28, 2011 PACER
5

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)

Dec. 2, 2010
9

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)

Feb. 2, 2011 RECAP

Minute Entry for proceedings held before Magistrate Judge James C. Francis: Initial Pretrial Conference held on 12/3/2010. (mro) (Entered: 12/06/2010)

Dec. 3, 2010
7

NOTICE OF APPEARANCE by Melissa Goodman on behalf of Edith Schlain Windsor (Goodman, Melissa) (Entered: 12/28/2010)

Dec. 28, 2010
10

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)

Feb. 25, 2011 PACER
11

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)

March 15, 2011 RECAP
8

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)

Jan. 28, 2011
9

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)

Feb. 2, 2011
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.. 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)

April 18, 2011 RECAP
10

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)

Feb. 25, 2011
13

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)

April 18, 2011 RECAP
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. Return Date set for 5/25/2011 at 09:30 AM. (Attachments: # 1 Certificate of Service)(Cirillo, Richard) (Entered: 04/25/2011)

April 25, 2011 RECAP
11

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)

March 15, 2011

Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Discovery Conference held on 3/15/2011. (mro) (Entered: 03/17/2011)

March 15, 2011
15

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)

April 25, 2011 RECAP
16

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)

April 26, 2011 RECAP

Set Deadlines: Motions due by 4/18/2011. (lnl) (Entered: 03/21/2011)

March 15, 2011
17

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)

May 2, 2011 PACER
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. . 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)

April 18, 2011
13

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

April 18, 2011
18

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)

May 2, 2011 PACER
19

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)

May 2, 2011 PACER
15

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)

April 25, 2011
16

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)

April 26, 2011
20

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)

May 5, 2011 RECAP
17

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)

May 2, 2011
21

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)

May 5, 2011 PACER
22

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)

May 11, 2011 RECAP
18

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)

May 2, 2011
19

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)

May 2, 2011
23

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)

May 12, 2011 RECAP
20

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)

May 5, 2011
24

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)

May 12, 2011 PACER
21

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)

May 5, 2011
25

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)

May 27, 2011 RECAP

Minute Entry for proceedings held before Magistrate Judge James C. Francis: Initial Pretrial Conference held on 5/9/2011. (cd) (Entered: 05/12/2011)

May 9, 2011
26

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)

June 2, 2011 PACER
22

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)

May 11, 2011
27

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)

June 13, 2011 PACER
23

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)

May 12, 2011
28

MOTION for Summary Judgment. Document filed by Edith Schlain Windsor.(Ehrlich, Andrew) (Entered: 06/24/2011)

June 24, 2011 PACER
24

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)

May 12, 2011
29

MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) (Entered: 06/24/2011)

June 24, 2011 RECAP
25

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)

May 27, 2011
30

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)

June 24, 2011 PACER
31

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)

June 24, 2011 PACER
26

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)

June 2, 2011
32

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)

June 24, 2011 PACER
27

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)

June 13, 2011
28

MOTION for Summary Judgment. Document filed by Edith Schlain Windsor.(Ehrlich, Andrew) (Entered: 06/24/2011)

June 24, 2011
33

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)

June 24, 2011 PACER
29

MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) (Entered: 06/24/2011)

June 24, 2011
34

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)

June 24, 2011 PACER
35

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)

June 24, 2011 PACER
30

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)

June 24, 2011
31

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)

June 24, 2011
36

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)

June 24, 2011 PACER
32

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)

June 24, 2011
37

RULE 56.1 STATEMENT. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) (Entered: 06/24/2011)

June 24, 2011 RECAP
42

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)

July 26, 2011 PACER
33

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)

June 24, 2011
38

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)

July 26, 2011 PACER
34

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)

June 24, 2011
39

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)

July 26, 2011 RECAP
35

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)

June 24, 2011
40

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)

July 27, 2011 PACER
36

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)

June 24, 2011
41

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)

July 27, 2011 RECAP
37

RULE 56.1 STATEMENT. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) (Entered: 06/24/2011)

June 24, 2011
43

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)

July 28, 2011 RECAP
38

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

July 26, 2011
44

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)

July 29, 2011 PACER
39

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)

July 26, 2011
45

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)

July 29, 2011 PACER

***NOTE TO ATTORNEY TO RE−FILE DOCUMENT − DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Simon Heller to RE−FILE Document 39 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. ***REMINDER*** You must first re−file the Motion, then file the Memorandum of Law and link to that motion. (ldi) (Entered: 07/27/2011)

July 26, 2011
46

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)

July 29, 2011 PACER
42

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)

July 26, 2011
47

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)

July 29, 2011 PACER
40

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)

July 27, 2011
48

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)

Aug. 1, 2011 PACER
41

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)

July 27, 2011
43

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)

July 28, 2011
49

MOTION to Dismiss Amended Complaint. Document filed by The United States Of America.(Lin, Jean) (Entered: 08/01/2011)

Aug. 1, 2011 RECAP
44

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)

July 29, 2011
50

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)

Aug. 1, 2011 RECAP

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Nov. 9, 2010

Closing Date: May 30, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A woman serving as the executor of the estate of her late same-sex spouse

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The United States of America, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Damages

Source of Relief:

Litigation

Amount Defendant Pays: $363,053

Order Duration: 2012 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Gay/lesbian/transgender

Government Services

Marriage

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

Discrimination-basis:

Sexual orientatation