Golinski v. United States Office of Personnel Management

Filing 10

Declaration of James R. McGuire in Support of 8 Motion for Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L)(Related document(s) 8 ) (McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF).

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JAMES R. McGUIRE (CA SBN 189275)
[e-mail]
GREGORY P. DRESSER (CA SBN 136532)
[e-mail]
RITA F. LIN (CA SBN 236220)
[e-mail]
GRACE Y. PARK (CA SBN 239928)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
JENNIFER C. PIZER (CA SBN 152327)
[e-mail]
LAMBDA LEGAL, Western Regional Office
3325 Wilshire Boulevard, Suite 1300
Los Angeles, CA 90010-1729
Telephone: [phone]
Facsimile: 213.351.6050
Attorneys for Plaintiff
KAREN GOLINSKI

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KAREN GOLINSKI,
Plaintiff,

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Case No.

v.
UNITED STATES OFFICE OF PERSONNEL
MANAGEMENT,

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Defendant.
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4:10-cv-00257 (SBA)

DECLARATION OF JAMES R.
McGUIRE IN SUPPORT OF
PLAINTIFF KAREN
GOLINSKI’S MOTION FOR
PRELIMINARY INJUNCTION
Date: June 15, 2010
Time: 1:00 p.m.
Place: Courtroom 1, 4th Floor
United States Courthouse
1301 Clay Street
Oakland, California 94612

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DECLARATION OF JAMES R. MCGUIRE IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION
pa-1382098

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I, James R. McGuire, hereby declare and state as follows:

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1.

I am a partner of the law firm of Morrison & Foerster LLP, which is co-counsel of

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record for plaintiff Karen Golinski. I am licensed to practice law in the State of California and

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am admitted to practice before this Court. I make this declaration of my own personal

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knowledge, and, if called as a witness, could and would testify competently to the matters stated

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herein.

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2.

Attached as Exhibit I is a true and correct copy of an amended order in In re

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Employee Dispute Resolution Plan (9th Cir.), issued by the Chief Judge of the United States

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Court of Appeals for the Ninth Circuit on November 24, 2008.

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3.

Attached as Exhibit J is a true and correct copy of the Statement from Elaine

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Kaplan, OPM General Counsel, regarding the Chief Judge’s prior orders in In the Matter of

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Karen Golinski et ux, No. 09-80173 (9th Cir.), which is also available at http://

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www.washingtonpost.com/wp-srv/nation/documents/statement_from_elaine_kaplan_opm.pdf.

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4.

Attached as Exhibit K is a true and correct copy of an order in In the Matter of

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Karen Golinski et ux, No. 09-80173 (9th Cir.), issued by the Chief Judge of the United States

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Court of Appeals for the Ninth Circuit on December 22, 2009.

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5.

Ms. Golinski and OPM have complied with the Court’s meet and confer

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requirement. On January 20, 2010, I left a voicemail for Steven Bressler, Assistant United States

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Attorney informing him that Ms. Golinski had filed her complaint that day and anticipated filing a

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motion for preliminary injunction on a shortened time schedule. I did not immediately hear back

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from opposing counsel, and on January 25, 2010, I sent an e-mail reiterating Ms. Golinski’s

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decision to file a preliminary injunction on shortened time. That same day, opposing counsel

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responded that OPM needed to review the motion for preliminary injunction and the request to

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shorten time. Approximately one hour later, I replied to opposing counsel’s email, and set forth

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in detail Ms. Golinski’s primary arguments in support of her motion for preliminary injunction.

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A true and correct copy of the January 25, 2010 e-mail exchanges between Mr. Bressler and me is

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attached hereto as Exhibit L. On January 26, 2010, during a telephone conversation, opposing

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counsel for OPM stated it would not stipulate to entry of Ms. Golinski’s preliminary injunction.
DECLARATION OF JAMES R. MCGUIRE IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION
pa-1382098

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Opposing counsel stated that it was OPM’s position that it is not subject to a mandamus because

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Chief Judge Kozinski’s November 19, and December 22, 2009 Orders in In the Matter of Karen

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Golinski et ux, No. 09-80173 (9th Cir.), are not binding on OPM.

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct. Executed on January 26, 2010, at San Francisco, California.

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Dated: January 26, 2010

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MORRISON & FOERSTER LLP
LAMBDA LEGAL

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By:

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/s/ James R. McGuire
JAMES R. McGUIRE
Attorneys for Plaintiff
KAREN GOLINSKI

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DECLARATION OF JAMES R. MCGUIRE IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION
pa-1382098

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