Windsor v. The United States Of America
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)
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
EDITH SCHLAIN WINDSOR, in her capacity as )
executor of the estate of THEA CLARA SPYER, )
THE UNITED STATES OF AMERICA,
No. 10-CV-8435 (BSJ)(JCF)
NOTICE OF APPEAL OF INTERVENOR-DEFENDANT
THE BIPARTISAN LEGAL ADVISORY GROUP
OF THE U.S. HOUSE OF REPRESENTATIVES
Intervenor-Defendant the Bipartisan Legal Advisory Group of the U.S. House of
Representatives (“House”) hereby appeals to the U.S. Court of Appeals for the Second Circuit
the District Court’s Order (June 6, 2012) (ECF No. 93), and Judgment (June 7, 2012) (ECF No.
94), both insofar as they grant plaintiff’s [ . . . ] Motion for Summary Judgment (June 24, 2011)
(ECF No. 28) and deny the [House]’s Motion to Dismiss (Aug. 1, 2011) (ECF No. 52). Copies
of the Order and Judgment are attached as Exhibits A and B, respectively.
The statutory basis for this appeal is 28 U.S.C. § 1291. The House is exempt from the
filing fee requirement for this appeal. See 28 U.S.C. § 1913; Judicial Conference of the United
States, Court of Appeals Miscellaneous Fee Schedule, available at
/s/ Paul D. Clement
Paul D. Clement1
H. Christopher Bartolomucci
Conor B. Dugan
Nicholas J. Nelson
1919 M Street, N.W., Suite 470
Washington, D.C. 20036
Counsel for Intervenor-Defendant the Bipartisan
Legal Advisory Group of the U.S. House of
Kerry W. Kircher, General Counsel
William Pittard, Deputy General Counsel
Christine Davenport, Senior Assistant Counsel
Todd B. Tatelman, Assistant Counsel
Mary Beth Walker, Assistant Counsel
OFFICE OF GENERAL COUNSEL
U.S. HOUSE OF REPRESENTATIVES
219 Cannon House Office Building
Washington, D.C. 20515
June 8, 2012
Kerry W. Kircher, as the ECF filer of this document, attests that concurrence in the
filing of the document has been obtained from signatory Paul D. Clement.
The Bipartisan Legal Advisory Group, which speaks for the House in litigation matters,
is currently comprised of the Honorable John A. Boehner, Speaker of the House, the Honorable
Eric Cantor, Majority Leader, the Honorable Kevin McCarthy, Majority Whip, the Honorable
Nancy Pelosi, Democratic Leader, and the Honorable Steny H. Hoyer, Democratic Whip. The
Democratic Leader and Democratic Whip decline to support the filing of this Notice of Appeal.
CERTIFICATE OF SERVICE
I certify that on June 8, 2011, I served one copy of the foregoing Notice of Appeal of
Intervenor-Defendant the Bipartisan Legal Advisory Group of the U.S. House of Representatives
by CM/ECF and by electronic mail (.pdf format) on the following:
Roberta A. Kaplan, Esq.
Andrew J. Ehrlich, Esq.
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
1285 Avenue of the Americas
New York City, NY 10019-6064
Alexis B. Karteron, Esq.
Arthur N. Eisenberg, Esq.
NEW YORK CIVIL LIBERTIES UNION FOUNDATION
125 Broad Street, Nineteenth Floor
New York City, NY 10004
James D. Esseks, Esq,
Melissa Goodman, Esq.
Rose A. Saxe, Esq.
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
125 Broad Street
New York City, NY 10004
email@example.com; firstname.lastname@example.org; email@example.com
Jean Lin, Esq.
UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
20 Massachusetts Avenue, N.W., Seventh Floor
Washington, DC 20530
Simon Heller, Esq.
STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL
New York City, NY 10271
/s/ Kerry W. Kircher
Kerry W. Kircher