Log Cabin Republicans v. United States of America et al

Filing 71

STATUS REPORT AND REQUEST FOR STATUS CONFERENCE filed by Plaintiff Log Cabin Republicans. (Hunnius, Patrick)

Log Cabin Republicans v. United States of America et al

Doc. 71

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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] E-mail: [e-mail] Attorneys for Plaintiff Log Cabin Republicans UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Case No. CV04-8425 VAP (Ex) REQUEST FOR STATUS CONFERENCE Complaint Filed: October 12, 2004 Trial Date: None scheduled

LOG CABIN REPUBLICANS, a nonprofit corporation, 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.

LOSANGELES 799441 (2K)

REQUEST FOR STATUS CONFERENCE
Dockets.Justia.com

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TO ALL PARTIES AND THEIR ATTORNEYS: PLEASE TAKE NOTICE that plaintiff, the Log Cabin Republicans, respectfully requests that this Court schedule a status conference to determine how to proceed with this case in light of the Ninth Circuit's decision in Witt v. Air Force, No. 06-35644, and its recent denial of rehearing and rehearing en banc therein. Log Cabin Republicans initially filed this case in 2004. The action presents a constitutional challenge to the United States Military's "Don't Ask, Don't Tell, Don't Pursue" policy. The case was initially assigned to Judge Schiavelli, who dismissed Log Cabin Republicans' initial complaint in early 2006 on standing grounds with leave to amend. Log Cabin Republicans filed its first amended complaint in April 2006. Currently pending before the court is the United States' motion to dismiss the first amended complaint, filed in June 2006 and argued in June 2007, and then taken under submission. In May 2008, while this motion was under submission, the Ninth Circuit held that the "Don't Ask, Don't Tell, Don't Pursue" policy must be analyzed under a new intermediate level of scrutiny. Witt v. Air Force, 527 F. 3d 806 (9th Cir. 2008). As a result of that decision, Judge Schiavelli stayed all further proceedings in this action and vacated the submission of the motion to dismiss. The stay was to remain in effect until the final disposition in Witt. While the stay was in effect, Judge Schiavelli retired from the bench and the case was reassigned to this Court.1 Last week, the Ninth Circuit denied rehearing and denied rehearing en banc in Witt, No. 06-35644, slip op. (9th Cir. Dec. 4, 2008). In light of this decision, Log Cabin Republicans respectfully submits that this case should resume. For this
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This Request represents the parties' first submission to this Court. If the Court has had any difficulty retrieving the file in this case from Judge Schiavelli's chambers or if the Court desires courtesy copies of any or all papers filed herein, Log Cabin Republicans can provide the needed documents. -1REQUEST FOR STATUS CONFERENCE

LOSANGELES 799441 (2K)

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reason, and because the parties have yet to appear before this Court, Log Cabin Republicans requests that the Court set a status conference to: 1. 2. Schedule further briefing on the pending motion to dismiss to address the Ninth Circuit's holding in Witt; and Discuss how best to proceed with this case in general. Respectfully submitted, Dated: December 11, 2008 WHITE & CASE LLP By: /s/ Patrick Hunnius Attorneys for Plaintiff Log Cabin Republicans

-2LOSANGELES 799441 (2K)

REQUEST FOR STATUS CONFERENCE