Log Cabin Republicans v. United States of America et al

Filing 93

NOTICE OF MOTION AND MOTION to Certify Order for Interlocutory Appeal filed by Defendants United States of America, Donald H Rumsfeld. Motion set for hearing on 11/16/2009 at 01:30 PM before Judge Virginia A. Phillips. (Attachments: #1 Proposed Order, #2 Exhibit)(Freeborne, Paul)

Log Cabin Republicans v. United States of America et al

Doc. 93 Att. 1

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UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION ) ) ) ) Plaintiff, ) ) v. ) ) UNITED STATES OF AMERICA AND ) ROBERT M. GATES, Secretary of ) Defense, in his official capacity, ) ) Defendants. ) ) ) ) LOG CABIN REPUBLICANS, Case No. CV 04-8425 VAP (Ex) ORDER GRANTING DEFENDANTS' MOTION TO CERTIFY ORDER FOR INTERLOCUTORY APPEAL AND REQUEST FOR STAY OF PROCEEDINGS PENDING RESOLUTION OF MOTION AND APPEAL

The Court amends its June 9, 2009 Order denying the Defendants' motion to dismiss and certifies the order for interlocutory appeal. Interlocutory appeal is warranted because the Court's order "involves a controlling question of law as to which there is substantial ground for difference of opinion" and because "an immediate appeal from the order may materially advance the ultimate termination of the litigation." 28 U.S.C. § 1292(b). All proceedings, including discovery, are stayed pending resolution of this motion and appeal.

It is so Ordered this ____________________ day of ______________ 2009.

______________________________ Hon. Virginia A. Phillips United States District Judge

Order Granting Defendants' Motion to Certify Order for Interlocutory Appeal and Request for Stay of Proceedings Pending Resolution of Motion and Appeal

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