Log Cabin Republicans v. United States of America et al

Filing 51

Joint REQUEST for Ruling To Chief Judge re Motion to Dismiss filed by Plaintiff Log Cabin Republicans. (Hunnius, Patrick)

Log Cabin Republicans v. United States of America et al

Doc. 51

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DAN WOODS (State Bar No. 78638) PATRICK HUNNIUS (State Bar No. 174633) WHITE & CASE LLP 633 West Fifth Street, Suite 1900 Los Angeles, CA 90071-2007 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Plaintiff Log Cabin Republicans JEFFREY BUCHOLTZ PAUL G. FREEBORNE U.S. DEPARTMENT OF JUSTICE CIVIL DIVISION, P.O. Box 883 Washington, D.C. 20044 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants United States of America and Robert Gates, Secretary of Defense UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) Plaintiff, ) ) vs. ) UNITED STATES OF AMERICA and ) ROBERT M. GATES (substituted for ) Donald H. Rumsfeld pursuant to FRCP ) 25(d)), SECRETARY OF DEFENSE, in ) his official capacity, ) ) Defendants. ) ) LOG CABIN REPUBLICANS, a nonprofit corporation, Case No. CV04-8425 GPS (ex) JOINT REQUEST TO CHIEF JUDGE FOR DECISION IN ACCORDANCE WITH LOCAL RULE 83-9.4; MEMORANDUM OF POINTS AND AUTHORITIES Filed: October 12, 2004 Trial Date: None scheduled

LOSANGELES 741361 (2K)

JOINT REQUEST FOR DECISION TO CHIEF JUDGE
Dockets.Justia.com

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WHEREAS, plaintiff Log Cabin Republicans ("Plaintiff") filed its complaint in the above captioned action on October 12, 2004; WHEREAS, defendants United States of America and Donald H. Rumsfeld, Secretary of Defense ("Defendants") filed a motion to dismiss on December 14, 2004; 1 WHEREAS, following completion of the parties' briefing on the motion, the parties filed two joint requests for decision in accordance with L.R. 83-9.2 before the Court dismissed the action on standing grounds on March 21, 2006; WHEREAS, Plaintiff filed a first amended complaint in the above captioned action on April 28, 2006; WHEREAS, Defendants filed a motion to dismiss the first amended complaint on June 12, 2006; WHEREAS, following completion of the parties' briefing, a hearing was held on the motion on June 18, 2007 at the conclusion of which the Court stated that the matter was submitted for decision; WHEREAS, the Court did not make a decision within 120 days of the hearing on the motion as required by L.R. 83-9.1; WHEREAS, the parties filed a joint request for decision in accordance with L.R. 83-9.2 on October 24, 2007; WHEREAS, on October 30, 2007, the Court denied the parties' joint request for decision as moot in light of Plaintiff's concurrently filed memorandum of supplemental authority; WHEREAS, in accordance with L.R. 83-9.1.2(a)(ii), the matter was again submitted for decision when, on November 13, 2007, the parties completed briefing in connection with the submitted supplemental authority; WHEREAS, the Court did not make a decision within 120 days of the matter being submitted for decision;
1

Pursuant to FRCP 25(d), Secretary of Defense Robert M. Gates is substituted for Donald H. Rumsfeld.

-1LOSANGELES 741361 (2K)

JOINT REQUEST FOR DECISION TO CHIEF JUDGE