Log Cabin Republicans v. United States of America et al

Filing 56

MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli: re: EX PARTE APPLICATION to Vacate Minutes of In Chambers Order/Directive - no proceeding held, Case Stayed,, #52 EX PARTE APPLICATION to Vacate Minutes of In Chambers Order/Directive - no proceeding held, Case Stayed,, #52 #53 . (tad)

Log Cabin Republicans v. United States of America et al

Doc. 56

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION CIVIL MINUTES - GENERAL Case No. CV 04-8425 GPS(Ex) Date: July 1, 2008

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Title: Log Cabin Republicans v. United States et al. ========================================================================PRE SENT: THE HONORABLE GEORGE P. SCHIAVELLI, JUDGE Jacob Yerke Courtroom Clerk ATTORNEYS PRESENT FOR PLAINTIFFS: Not Present PROCEEDINGS: Not Present Court Reporter ATTORNEYS PRESENT FOR DEFENDANTS: Not Present Order Denying Ex Parte Application (In Chambers)

On May 23, 2008, the Court issued a stay of this action in light of the Ninth Circuit's holding in Witt v. Department of Air Force, 527 F.3d 806 (9th Cir. May 21, 2008). Because the Witt opinion undermines the precedential impact of prior Ninth Circuit decisions applicable to the case at hand, the Court anticipated that en banc relief will be requested and certiorari possibly sought. Accordingly, the Court vacated Defendants' motion to dismiss and stayed the action pending the final disposition in Witt. Plaintiff Log Cabin Republicans filed an Ex Parte Application on May 30, 2008, seeking an order to vacate the stay. Defendants opposed this application. Having reviewed the argument, the Court DENIES the Application for lack of sufficient showing to grant ex parte relief.

IT IS SO ORDERED.

MINUTES FORM 11 CIVIL - GEN

Initials of Deputy Clerk JY

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