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).

EXHIBIT K

NOT FOR PUBLICATION

F I LED
DEC, 22 2009

UNITED STATES COURT OF APPEALS

MOLLY C. DWYER, CLERK'
U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

IN THE MATTER OF KAREN
GOLINSKI et ux.

No. 09-80173
ORDER

The time for appeal from my orders in this matter, dated January 13, 2009,
and November 19,2009, has expired. Only the Blue Cross and Blue Shield
Association ("Blue Cross") has filed a timely notice of appeal; it petitioned the
Judicial Council for review of my November 19,2009, order on December 17,

2009. My prior orders in this matter are therefore final and preclusive on all issues
decided therein as to others who could have, but did not appeal, such as the Office
of Personnel Management ("OPM") and the Administrative Office of the United
States Courts. Federated Dep't Stores, Inc. v. Moitie, 452 U.S. 394, 398-402 &
n.4 (1981); see also Travelers Indem. Co. v. Bailey, 129 S. Ct. 2195, 2205-07

(2009).
As the jurisdictional issues presented in Blue Cross's petition for review are
separate and distinct from those concerning my now conclusively-determined

page 2
jurisdiction over governmental entities such as OPM, I authorize Ms. Golinski to
take what further action she deems fit against any entity other than Blue Cross,
without waiting for the Judicial Council's disposition of Blue Cross's appeal.

December 22, 2009