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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1 2 3 IN THE UNITED STATES DISTRICT COURT 4 FOR THE NORTHERN DISTRICT OF CALIFORNIA 5 6 7 8 9 United States District Court For the Northern District of California 10 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, 13 14 15 16 17 18 19 20 21 22 ORDER DENYING MOTION TO WITHDRAW (Docket No. 149) Plaintiffs, 11 12 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, 1 Defendants. ________________________________/ Defendant Bipartisan Legal Advisory Group (BLAG) moves to 23 withdraw as a party. 24 that the Court has yet to decide whether they may recover 25 attorneys’ fees and costs from BLAG. 26 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 27 1 28 The Court has substituted Defendants Jacob Lew and John Koskinen as Defendants pursuant to Federal Rule of Civil Procedure 25(d). 1 and the Equal Access to Justice Act (EAJA), 28 U.S.C. §§ 2412 et 2 seq., after the stay of attorneys’ fee litigation is lifted. 3 Although BLAG contends that Plaintiffs may not recover attorneys’ 4 fees under either of these statutes, this issue is not appropriate 5 for resolution on a motion to withdraw. 6 as a party (Docket No. 149) is therefore DENIED. 7 the exception of responding to Plaintiffs’ motion for attorneys’ 8 fees and costs, BLAG is excused from participating in all matters 9 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 10 fee litigation and solicit briefing on the matter after it has 11 resolved the remaining claims of domestic partner Plaintiffs. 12 previously stated, a hearing on the domestic partnership issues 13 will be held at 2:00 p.m. on April 3, 2014. 14 IT IS SO ORDERED. 15 16 17 Dated: 1/17/2014 CLAUDIA WILKEN United States District Judge 18 19 20 21 22 23 24 25 26 27 28 2 As

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