Dragovich et al v. United States Department of the Treasury et al

Filing 148

ORDER SETTING BRIEFING SCHEDULE: Motions due by 1/2/2014; Responses due by 1/16/2014; Replies due by 1/23/2014; Motion Hearing set for 2/6/2014 02:00 PM before Hon. Claudia Wilken. Signed by Judge Claudia Wilken on 11/26/2013. (ndr, COURT STAFF) (Filed on 11/26/2013)

1

IN THE UNITED STATES DISTRICT COURT

2

FOR THE NORTHERN DISTRICT OF CALIFORNIA

3
4
5
6
7
8

MICHAEL DRAGOVICH; MICHAEL
GAITLEY; ELIZABETH LITTERAL;
PATRICIA FITZSIMMONS; CAROLYN
LIGHT; CHERYL LIGHT; DAVID BEERS;
CHARLES COLE; RAFAEL V.
DOMINGUEZ; and JOSE G.
HERMOSILLO, on behalf of
themselves and all others
similarly situated,

v.

United States District Court
For the Northern District of California

10

12
13

ORDER SETTING
BRIEFING SCHEDULE

Plaintiffs,

9

11

No. C 10-1564 CW

UNITED STATES DEPARTMENT OF THE
TREASURY, et al.,
Defendants.
________________________________/

14

Federal Defendants and the Bipartisan Legal Advisory Group

15

(BLAG) timely appealed this Court’s May 2012 order granting

16

summary judgment to Plaintiffs on all claims.

17

136.

18

light of the then-pending petitions for certiorari in Windsor v.

19

United States, 133 S. Ct. 2675 (2013), and Hollingsworth v. Perry,

20

133 S. Ct. 2652 (2013).

21

certiorari and issued its decisions in those cases, the Ninth

22

Circuit lifted its stay in the present case.

23

Docket Nos. 132,

In September 2012, the Ninth Circuit stayed the appeal in

After the Supreme Court granted

Docket No. 146.

On October 28, 2013, the Ninth Circuit vacated the portion of

24

this Court’s May 2012 judgment “concerning the domestic

25

partner plaintiffs” and remanded for “further proceedings in light

26

of subsequent legal developments,” including the Supreme Court’s

27

decisions in Windsor and Hollingsworth.

28

Accordingly, the parties are directed to submit briefs addressing

Docket No. 147.

1

the import of subsequent legal developments on this Court’s

2

judgment concerning domestic partnership Plaintiffs.

3

Defendants and BLAG shall file a joint brief, not to exceed

4

fifteen pages, on January 2, 2014.

5

responsive brief, also not to exceed fifteen pages, on January 16,

6

2014.

7

not to exceed ten pages, on January 23, 2014.

8

hear oral argument and set future dates, as necessary, at

9

2:00 p.m. on February 6, 2014.

United States District Court
For the Northern District of California

10

Federal

Plaintiffs shall file a

Federal Defendants and BLAG shall file their reply brief,
The Court shall

IT IS SO ORDERED.

11
12
13

Dated:

11/26/2013

CLAUDIA WILKEN
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2