Windsor v. The United States Of America

Filing 87

MOTION for Leave to File Sur-Reply. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives.(Kircher, Kerry)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
____________________________________
)
EDITH SCHLAIN WINDSOR, in her
)
capacity as executor of the estate of
)
THEA CLARA SPYER,
)
)
Plaintiff,
)
)
v.
)
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THE UNITED STATES OF AMERICA,
)
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Defendant.
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____________________________________)

Civil Action No. 10-CV-8435 (BSJ)(JCF)

INTERVENOR-DEFENDANT’S RENEWED MOTION FOR
LEAVE TO FILE SUR-REPLY
Pursuant to Local Civil Rule 7.1, Intervenor-Defendant, the Bipartisan Legal Advisory
Group of the United States House of Representatives (the “House”), through its undersigned
counsel, hereby renews its motion for leave to file a sur-reply in opposition to Plaintiff’s motion
for summary judgment. The reasons for this motion are stated in a memorandum in support, also
filed today. A proposed order will be submitted by electronic mail.
Plaintiff does not consent to the relief requested by this motion. The United States
Department of Justice takes no position on the requested relief.

Respectfully submitted,
/s/ Paul D. Clement
Paul D. Clement
H. Christopher Bartolomucci
Conor B. Dugan
Nicholas J. Nelson
BANCROFT PLLC
1919 M Street, Northwest, Suite 470
Washington, District of Columbia 20036
Telephone:
[phone]
Facsimile:
[phone]
Counsel for the Bipartisan Legal Advisory
Group of the U.S. House of Representatives1
OF COUNSEL:
Kerry W. Kircher, General Counsel
Christine Davenport, Senior Assistant Counsel
Katherine E. McCarron, Assistant Counsel
William Pittard, Assistant Counsel
Kirsten W. Konar, Assistant Counsel
OFFICE OF GENERAL COUNSEL
U.S. House of Representatives
219 Cannon House Office Building
Washington, District of Columbia 20515
Telephone:
[phone]
Facsimile:
[phone]
September 20, 2011

1

The Bipartisan Legal Advisory Group currently is comprised of the Honorable John A.
Boehner, Speaker of the House; the Honorable Eric Cantor, Majority Leader; the Honorable
Kevin McCarthy, Majority Whip; the Honorable Nancy Pelosi, Democratic Leader; and the
Honorable Steny H. Hoyer, Democratic Whip. The Democratic Leader and the Democratic
Whip decline to support the House’s motion.

CERTIFICATE OF SERVICE
I certify that on September 20, 2011, I served one copy of Intervenor-Defendant’s
Renewed Motion for Leave To File Sur-Reply by CM/ECF and by electronic mail (.pdf format)
on the following:
Roberta A. Kaplan, Esquire, & Andrew J. Ehrlich, Esquire
PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
1285 Avenue of the Americas
New York City, New York 10019-6064
[e-mail]
[e-mail]
Alexis B. Karteron, Esquire, & Arthur N. Eisenberg, Esquire
NEW YORK CIVIL LIBERTIES UNION FOUNDATION
125 Broad Street, 19th Floor
New York City, New York 10004
[e-mail]
[e-mail]
James D. Esseks, Esquire, Melissa Goodman, Esquire, & Rose A. Saxe, Esquire
AMERICAN CIVIL LIBERTIES UNION FOUNDATION
125 Broad Street
New York City, New York 10004
[e-mail]
[e-mail]
[e-mail]
Jean Lin, Esquire
UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION
20 Massachusetts Avenue, Northwest, Seventh Floor
Washington, District of Columbia 20530
[e-mail]
Simon Heller, Esquire
STATE OF NEW YORK OFFICE OF THE ATTORNEY GENERAL
120 Broadway
New York City, New York 10271
[e-mail]

/s/ Kerry W. Kircher
Kerry W. Kircher