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

Filing 157

ORDER by Judge Claudia Wilken DENYING 149 MOTION TO WITHDRAW. (ndr, COURT STAFF) (Filed on 1/17/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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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,

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ORDER DENYING
MOTION TO WITHDRAW
(Docket No. 149)

Plaintiffs,

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No. C 10-1564 CW

v.
UNITED STATES DEPARTMENT OF THE
TREASURY; JACOB LEW, in his
official capacity as Secretary of
the U.S. Treasury Department;
INTERNAL REVENUE SERVICE; JOHN
KOSKINEN, in his official
capacity as Commissioner of the
Internal Revenue Service; BOARD
OF ADMINISTRATION OF CALIFORNIA
PUBLIC EMPLOYEES’ RETIREMENT
SYSTEM; and ANNE STAUSBOLL, in
her official capacity as Chief
Executive Officer, CalPERS; and
BIPARTISAN LEGAL ADVISORY GROUP,
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Defendants.
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Defendant Bipartisan Legal Advisory Group (BLAG) moves to

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withdraw as a party.

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that the Court has yet to decide whether they may recover

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attorneys’ fees and costs from BLAG.

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file a motion for attorneys’ fees and costs under 42 U.S.C. § 1988

Plaintiffs oppose the motion on the grounds

They note that they plan to

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The Court has substituted Defendants Jacob Lew and John Koskinen
as Defendants pursuant to Federal Rule of Civil Procedure 25(d).

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and the Equal Access to Justice Act (EAJA), 28 U.S.C. §§ 2412 et

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seq., after the stay of attorneys’ fee litigation is lifted.

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Although BLAG contends that Plaintiffs may not recover attorneys’

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fees under either of these statutes, this issue is not appropriate

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for resolution on a motion to withdraw.

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as a party (Docket No. 149) is therefore DENIED.

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the exception of responding to Plaintiffs’ motion for attorneys’

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fees and costs, BLAG is excused from participating in all matters

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in this litigation.

BLAG’s motion to withdraw
However, with

The Court will lift the stay of attorneys’

United States District Court
For the Northern District of California

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fee litigation and solicit briefing on the matter after it has

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resolved the remaining claims of domestic partner Plaintiffs.

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previously stated, a hearing on the domestic partnership issues

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will be held at 2:00 p.m. on April 3, 2014.

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IT IS SO ORDERED.

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Dated:

1/17/2014

CLAUDIA WILKEN
United States District Judge

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As