Windsor v. The United States Of America 
Plaintiff seeks a refund of the estate tax levied on a married same-sex couple, which would not have applied to a married straight couple.
| Plaintiff: | Edith Schlain Windsor |
|---|---|
| Defendant: | The United States Of America |
| Case Number: | 1:2010cv08435 |
| Filed: | November 9, 2010 |
| Court: | New York Southern District Court |
| Office: | Foley Square Office |
| County: | NewYork |
| Presiding Judge: | Barbara S. Jones |
| Nature of Suit: | Federal Tax Suits - Taxes (US Plaintiff or Defendant) |
| Cause: | 26:7422 |
| Jurisdiction: | U.S. Government Defendant |
| Jury Demanded By: | None |
Follow this docket report by RSSDocket Report
We have record of the following docket entries for this case.
| Date Filed | # | Document Text |
|---|---|---|
| October 21, 2011 | 92 | RESPONSE re: 91 Notice (Other), Notice (Other). Document filed by Edith Schlain Windsor. (Kaplan, Roberta) |
| October 20, 2011 | 91 | NOTICE of Recent Decisions re: 50 Memorandum of Law in Opposition to Motion, 53 Memorandum of Law in Support of Motion. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kircher, Kerry) |
| October 18, 2011 | 90 |  ORDER denying 87 Motion for Leave to File Document. After review of both parties' submissions, Intervenor-Defendant's Motion is DENIED. (Signed by Judge Barbara S. Jones on 10/18/2011) (ft) |
| September 21, 2011 | 89 | ORDER: Any response to Defendant's motion for leave to file a sur-reply in opposition to Plaintiff's motion for summary judgment may be submitted by letter brief. (Signed by Judge Barbara S. Jones on 9/21/2011) (jfe) |
| September 20, 2011 | 88 | MEMORANDUM OF LAW in Support re: 87 MOTION for Leave to File Sur-Reply.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) |
| September 20, 2011 | 87 | MOTION for Leave to File Sur-Reply. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives.(Kircher, Kerry) |
| September 15, 2011 | 86 | DECLARATION of Lisa M. Diamond in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) |
| September 15, 2011 | 85 | REPLY AFFIDAVIT of Michael Lamb, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) |
| September 15, 2011 | 84 | REPLY AFFIDAVIT of Anne Peplau, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) |
| September 15, 2011 | 83 | REPLY AFFIDAVIT of Edith Schlain Windsor in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) |
| September 15, 2011 | 82 | DECLARATION of Roberta A. Kaplan in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Kaplan, Roberta) |
| September 15, 2011 | 81 | REPLY MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) |
| September 9, 2011 | 80 | REPLY MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) |
| September 6, 2011 | 79 | ORDER terminating 76 Motion ; granting 76 Motion for Leave to File Excess Pages; denying 76 Motion for Leave to File Document. The Court considers Defendant's filing of a motion to address this issue unnecessary; in the future, a simple letter by mail or fax requesting clarification would suffice. Defendant's motion in the alternative to extend the deadline is DENIED. The deadline for Defendant's reply remains 9/9/2011. Defendant's request for an extension of the page limit for its reply in support of their motion to dismiss is GRANTED. Defendant may file a reply brief of up to seventeen pages. As to Defendant's request for leave to file a surreply, the Court denies the request as premature. As the Plaintiff's reply has not yet been filed, the Court cannot now determine whether any "new or unexpected" arguments or issues will be raised that would necessitate a surreply. Defendant may renew its request after the reply brief is submitted if new issues are raised in Plaintiff's reply. (Signed by Judge Barbara S. Jones on 9/6/2011) (tro) |
| September 6, 2011 | 78 | MEMORANDUM OF LAW in Opposition re: 76 MOTION for Clarification. MOTION for Leave to File Excess Pages. MOTION for Leave to File Sur-Reply.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) |
| September 2, 2011 | 77 | MEMORANDUM OF LAW in Support re: 76 MOTION for Clarification. MOTION for Leave to File Excess Pages. MOTION for Leave to File Sur-Reply.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) |
| September 2, 2011 | 76 | MOTION for Clarification., MOTION for Leave to File Excess Pages., MOTION for Leave to File Sur-Reply. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives.(Kircher, Kerry) |
| August 29, 2011 | Set/Reset Deadlines: Replies due by 9/16/2011. (js) | |
| August 29, 2011 | 75 | ORDER denying 65 Motion to Strike. Before the Court is Plaintiff's Motion to Strike filed August 10, 2011. After review of the submissions of both parties, Plaintiff's Motion is DENIED. However, the Court finds that the submission of additional evidence by Plaintiff regarding the topics discussed in the motion to strike would be helpful in deciding the pending motion for summary judgment. Therefore, Plaintiff's alternative request to submit "additional affidavits and rebuttal evidence" is GRANTED. Plaintiff's request to file a reply brief of up to 30 pages is GRANTED. Plaintiff's reply is due on or before September 16, 2011. (Signed by Judge Barbara S. Jones on 8/29/2011) (js) |
| August 22, 2011 | 74 | DECLARATION of Lisa M. Diamond in Support re: 65 MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) |
| August 22, 2011 | 73 | REPLY MEMORANDUM OF LAW in Support re: 65 MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) |
| August 19, 2011 | 72 | RESPONSE to Motion re: 52 MOTION to Dismiss. (Same Filing As ECF No. 71). Document filed by The United States Of America. (Lin, Jean) |
| August 19, 2011 | 71 | RESPONSE to Motion re: 28 MOTION for Summary Judgment.. Document filed by The United States Of America. (Lin, Jean) |
| August 19, 2011 | 70 | MEMORANDUM OF LAW in Opposition re: 52 MOTION to Dismiss.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) |
| August 19, 2011 | 69 | RESPONSE in Opposition re: 65 MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kircher, Kerry) |
| August 15, 2011 | 68 | ORDER: BLAG is directed to file its opposition to Plaintiff's motion to strike on or before August 19, 2011. Plaintiff's reply, if any, is due no later than August 23, 2011. Pending resolution of the motion to strike, Plaintiff's deadline for filing a reply brief in support of her motion for summary judgment is adjourned. The Court will decide the motion to strike promptly and will issue a date for submission of Plaintiff's reply in accordance with that decision. Plaintiff may file an opposition to BLAG's motion to dismiss of up to 35 pages; the deadline for submission of this opposition remains August 19, 2011. Plaintiff's request to file a reply in support of her motion for summary judgment of up to 25 pages will be decided along with the Court's resolution of the motion to strike. Set Deadlines/Hearing as to 65 MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment:( Responses due by 8/19/2011, Replies due by 8/23/2011.) (Signed by Judge Barbara S. Jones on 8/15/2011) (mro) Modified on 8/16/2011 (mro). |
| August 10, 2011 | 67 | AFFIDAVIT of Roberta A. Kaplan in Support re: 65 MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment.. Document filed by Edith Schlain Windsor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Kaplan, Roberta) |
| August 10, 2011 | 66 | MEMORANDUM OF LAW in Support re: 65 MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment.. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) |
| August 10, 2011 | 65 | MOTION to Strike Documents Referenced by Defendant-Intervenor in Opposition to Plaintiff's Motion for Summary Judgment. Document filed by Edith Schlain Windsor.(Kaplan, Roberta) |
| August 5, 2011 | 64 | ENDORSED LETTER addressed to Judge Barbara S. Jones and Magistrate Judge James C. Francis IV from Jean Lin dated 8/5/2011 re: Counsel for the Defendant writes to request that they be permitted to file a brief of up to 35 pages. ENDORSEMENT: Application granted. (Signed by Judge Barbara S. Jones on 8/5/2011) (ab) |
| August 3, 2011 | 63 | MEMO ENDORSED: granting 40 Motion for Leave to File Brief for the state of New York as Amicus Curiae in Support of the Plaintiff. ENDORSEMENT: Motion granted. (Signed by Magistrate Judge James C. Francis on 8/3/2011) (mbe) |
| August 2, 2011 | 62 | DECLARATION of Conor B. Dugan in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E (part 1), # 6 Exhibit E (part 2), # 7 Exhibit F)(Kircher, Kerry) |
| August 1, 2011 | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Kerry William Kircher. Document Nos. [55-60] Exhibits are not filed, they may only be added as ATTACHMENTS to documents that are permitted to be filed via ECF. This document is not filed via ECF. (db) | |
| August 1, 2011 | 61 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit F in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/3/2011 (db). |
| August 1, 2011 | 60 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit E-2 in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db). |
| August 1, 2011 | 59 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit E-1 in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db). |
| August 1, 2011 | 58 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit D in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db). |
| August 1, 2011 | 57 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit C in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db). |
| August 1, 2011 | 56 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit B in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db). |
| August 1, 2011 | 55 | FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - DECLARATION of Dugan Exhibit A in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) Modified on 8/2/2011 (db). |
| August 1, 2011 | 54 | DECLARATION of Conor B. Dugan in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) |
| August 1, 2011 | 53 | MEMORANDUM OF LAW in Support re: 52 MOTION to Dismiss.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kircher, Kerry) |
| August 1, 2011 | 52 | MOTION to Dismiss. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives.(Kircher, Kerry) |
| August 1, 2011 | 51 | RULE 56.1 STATEMENT. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) |
| August 1, 2011 | 50 | MEMORANDUM OF LAW in Opposition re: 28 MOTION for Summary Judgment.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) |
| August 1, 2011 | 49 | MOTION to Dismiss Amended Complaint. Document filed by The United States Of America.(Lin, Jean) |
| August 1, 2011 | 48 | NOTICE OF APPEARANCE by Kerry William Kircher on behalf of Bipartisan Legal Advisory Group of the U.S. House of Representatives (Kircher, Kerry) |
| July 29, 2011 | 47 | Letter addressed to Magistrate Judge James C. Francis IV from Roberta A. Kaplan dated 7/25/2011 re: Because, in their letter dated July 25, 2011 (the "July 25 letter"), the Bipartisan Legal Advisory Group of the House of Representatives ("BLAG") adds little to their initial objections refusing to respond in substance to Mr. Windsor's discovery requests, this reply will be brief. Plaintiff respectfully requests that the Court grant her motion to compel. Document filed by Edith Schlain Windsor.(lmb) |
| July 29, 2011 | 46 | Letter addressed to Magistrate Judge James C. Francis IV from Paul D. Clement dated 7/25/2011 re: The House respectfully requests that the Court deny Plaintiff's motion to compel further discovery responses. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives.(lmb) |
| July 29, 2011 | 45 | Letter addressed to Magistrate Judge James C. Francis IV from Roberta A. Kaplan dated 7/18/2011 re: We respectfully submit this letter in accordance with Fed. R. Civ. P. 37 to compel responses to certain of the interrogatories and requests for admission that we propounded on party-defendant, the Bipartisan Legal Advisory Group of the House of Representatives ("BLAG"). Document filed by Edith Schlain Windsor.(lmb) |
| July 29, 2011 | 44 | Letter addressed to Magistrate Judge James C. Francis IV from Julie E. Fink dated 7/19/2011 re: It has come to our attention that the incorrect documents were inadvertently included as Exhibits A and B to plaintiff's July 18 letter motion to compel. Document filed by Edith Schlain Windsor.(lmb) |
| July 28, 2011 | 43 | MEMORANDUM AND ORDER: For the reasons listed herein, the plaintiff's letter motion to compel is granted to the extent that BLAG shall answer Interrogatories 1 and 3 and RFA no. 1 by August 1, 2011. In all other respects, the motion is denied. (Signed by Magistrate Judge James C. Francis on 7/28/2011) Copies Mailed By Chambers. (mro) |
| July 27, 2011 | 41 | MEMORANDUM OF LAW in Support re: 40 CONSENT MOTION for Leave to File amicus curiae brief in support of the Plaintiff.. Document filed by New York State. (Heller, Simon) |
| July 27, 2011 | 40 | CONSENT MOTION for Leave to File amicus curiae brief in support of the Plaintiff. Document filed by New York State. (Attachments: # 1 Proposed Brief)(Heller, Simon) |
| July 26, 2011 | 42 | ENDORSED LETTER addressed to Judge Barbara S. Jones and Magistrate Judge James C. Francis from Conor B. Dugan dated 7/26/11 re: counsel for Defendant-Intervenor the Bipartisan Legal Advisory Group of the U.S. House of Representatives respectfully writes to request permission to file briefs totaling 70 pages for our opposition to plaintiff's motion for summary judgment and in support of our separate motion to dismiss, to be apportioned as necessary. ENDORSEMENT: Application granted. So Ordered. (Signed by Judge Barbara S. Jones on 7/26/11) (pl) Modified on 7/27/2011 (pl). |
| July 26, 2011 | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Simon Heller to RE-FILE Document 39 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. ***REMINDER*** You must first re-file the Motion, then file the Memorandum of Law and link to that motion. (ldi) | |
| July 26, 2011 | 39 | FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 38 MOTION for Leave to File Brief Amicus Curiae of New York State in Support of Plaintiff. Document filed by New York State. (Heller, Simon) Modified on 7/27/2011 (ldi). |
| July 26, 2011 | ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Simon Heller to RE-FILE Document 38 MOTION for Leave to File Brief Amicus Curiae of New York State in Support of Plaintiff. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi) | |
| July 26, 2011 | 38 | FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Leave to File Brief Amicus Curiae of New York State in Support of Plaintiff. Document filed by New York State. (Attachments: # 1 Memorandum of Law in Support, # 2 Proposed Brief)(Heller, Simon) Modified on 7/26/2011 (ldi). |
| June 24, 2011 | 37 | RULE 56.1 STATEMENT. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) |
| June 24, 2011 | 36 | AFFIDAVIT of Gary Segura, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) |
| June 24, 2011 | 35 | AFFIDAVIT of George Chauncey, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) |
| June 24, 2011 | 34 | AFFIDAVIT of Michael Lamb, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) |
| June 24, 2011 | 33 | AFFIDAVIT of Nancy F. Cott, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) |
| June 24, 2011 | 32 | AFFIDAVIT of Letitia Anne Peplau, Ph.D. in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) |
| June 24, 2011 | 31 | AFFIDAVIT of Edith Schlain Windsor in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Ehrlich, Andrew) |
| June 24, 2011 | 30 | AFFIDAVIT of Andrew J. Ehrlich in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Ehrlich, Andrew) |
| June 24, 2011 | 29 | MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment.. Document filed by Edith Schlain Windsor. (Ehrlich, Andrew) |
| June 24, 2011 | 28 | MOTION for Summary Judgment. Document filed by Edith Schlain Windsor.(Ehrlich, Andrew) |
| June 13, 2011 | 27 | ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Roberta A. Kaplan dated 6/9/2011 re: Counsel for the Plaintiff writes to provide the Court with an update concerning the schedule in the above-captioned matter and to request permission to file an initial moving brief of up to 45 pages. ENDORSEMENT: Application granted. (Signed by Judge Barbara S. Jones on 6/13/2011) (ab) |
| June 2, 2011 | 26 | MEMORANDUM AND ORDER granting 12 Motion to Intervene as a party defendant. (Signed by Magistrate Judge James C. Francis on 6/2/11); Copies mailed by Chambers. (djc) |
| May 27, 2011 | 25 | STIPULATION AND ORDER GOVERNING PROTECTION AND EXCHANGE OF CONFIDENTIAL INFORMATION...regarding procedures to be followed that shall govern the handling of confidential material...This order may be modified by further order of the Court. (Signed by Magistrate Judge James C. Francis on 5/26/11) (cd) |
| May 12, 2011 | 24 | NOTICE OF CHANGE OF ADDRESS by Melissa Goodman on behalf of Edith Schlain Windsor. New Address: NYCLU, 125 Broad St, 19th Floor, New York, NY, USA 10004, 212.607.3300. (Goodman, Melissa) |
| May 12, 2011 | 23 | REPLY to Response to Motion re: 12 MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7. MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) |
| May 11, 2011 | 22 | REVISED SCHEDULING ORDER: Plaintiff's summary judgment Motions due by 7/15/2011 (unless the House has not identified any experts pursuant to paragraphs 5 and 6 above, in which case plaintiff's motion for summary judgment shall be filed on or before June 24, 2011); Responses due by 8/15/2011; Replies due by 9/2/2011. All fact and Expert Discovery due by 7/11/2011. (Signed by Magistrate Judge James C. Francis on 5/11/11). (djc) |
| May 9, 2011 | Minute Entry for proceedings held before Magistrate Judge James C. Francis: Initial Pretrial Conference held on 5/9/2011. (cd) | |
| May 5, 2011 | 21 | NOTICE of Notice of Intent to File Reply re: 20 Response to Motion,, 12 MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7. MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Kircher, Kerry) |
| May 5, 2011 | 20 | RESPONSE to Motion re: 12 MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7. MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7.. Document filed by The United States Of America. (Attachments: # 1 Text of Proposed Order)(Lin, Jean) |
| May 2, 2011 | 19 | NOTICE OF APPEARANCE by H Christopher Bartolomucci on behalf of Bipartisan Legal Advisory Group of the U.S. House of Representatives (Bartolomucci, H) |
| May 2, 2011 | 18 | NOTICE OF APPEARANCE by Conor Dugan on behalf of Bipartisan Legal Advisory Group of the U.S. House of Representatives (Dugan, Conor) |
| May 2, 2011 | 17 | NOTICE OF APPEARANCE by Conor Dugan on behalf of Bipartisan Legal Advisory Group of the U.S. House of Representatives (Dugan, Conor) |
| April 26, 2011 | 16 | STIPULATION AND ORDER FOR SUBSTITUTION OF COUNSEL: that Bancroft PLLC is hereby substituted for King & Spalding LLP as counsel in this action for intervenor Bipartisan Legal Advisory Group of the U.S. House of Representatives. Motions terminated: 14 MOTION for Paul D. Clement, Richard A. Cirillo and the law firm of King & Spalding LLP to Withdraw as Attorney filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Signed by Magistrate Judge James C. Francis on 4/26/2011) (tro) |
| April 25, 2011 | 15 | DECLARATION of Richard A. Cirillo in Support re: 14 MOTION for Paul D. Clement, Richard A. Cirillo and the law firm of King & Spalding LLP to Withdraw as Attorney.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Cirillo, Richard) |
| April 25, 2011 | 14 | MOTION for Paul D. Clement, Richard A. Cirillo and the law firm of King & Spalding LLP to Withdraw as Attorney. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. Return Date set for 5/25/2011 at 09:30 AM. (Attachments: # 1 Certificate of Service)(Cirillo, Richard) |
| April 18, 2011 | 13 | MEMORANDUM OF LAW in Support re: 12 MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7. MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit 1, # 2 Certificate of Service)(Clement, Paul) |
| April 18, 2011 | 12 | MOTION to Intervene a party defendant in this matter for the limited purpose of litigating the constitutionality of Section III of the Defense of Marriage Act, Pub. L. No. 104-199, 110 Stat. 2419 (Sept. 21, 1996), codified at 1 U.S.C. § 7.. Document filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 proposed order, # 2 Certificate of Service)(Clement, Paul) |
| March 15, 2011 | Set Deadlines: Motions due by 4/18/2011. (lnl) | |
| March 15, 2011 | Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Discovery Conference held on 3/15/2011. (mro) | |
| March 15, 2011 | 11 | ORDER that: 1) Congress, should it wish to intervene in this matter, shall do so by April 18, 2011 by motion pursuant to Fed. R. Civ. Pro. 24(a), consistent with 28 U.S.C. §530D; and 2) Counsel for the plaintiff, the Department of Justice, and any Congressional intervenor shall appear on May 9, 2011 at 9:30 am for a conference with the Court to discuss how this case should proceed in light of the President's decision, as announced by the Attorney General on February 23, 2011, that Section 3 of the Defense of Marriage Act ("DOMA"), 1 U.S.C. § 7 as applied to same-sex couples who are legally married under state law, violates the equal protection component of the Fifth Amendment. SO ORDERED. (Status Conference set for 5/9/2011 at 09:30 AM before Magistrate Judge James C. Francis) (Signed by Magistrate Judge James C. Francis on 3/15/2011) (lnl) |
| February 25, 2011 | 10 | NOTICE of Notice to the Court by Defendant the United States of America (with attachments). Document filed by The United States Of America. (Attachments: # 1 Attachment, # 2 Attachment)(Lin, Jean) |
| February 2, 2011 | 9 | AMENDED COMPLAINT amending 1 Complaint against The United States Of America.Document filed by Edith Schlain Windsor. Related document: 1 Complaint filed by Edith Schlain Windsor.(mbe) |
| January 28, 2011 | 8 | SCHEDULING ORDER: This Court's December 3, 2010 Order is revised as follow: By March 11, 2011, the defendant shall serve and file its motion to dismiss. Plaintiff Sha11 answer the motion by April 11, 2011 and shall make any cross-motion for summary judgment. By April 25, 2011, defendant shall submit its reply on its motion to dismiss and submit any application to stay plaintiff's cross-motion for summary judgment. If defendant does not apply for a stay, it shall answer plaintiff's motion for summary judgment by May 9, 2011. (Motions due by 3/11/2011. Cross Motions due by 4/11/2011. Responses due by 4/11/2011)(Signed by Magistrate Judge James C. Francis on 1/26/11) (djc) |
| December 28, 2010 | 7 | NOTICE OF APPEARANCE by Melissa Goodman on behalf of Edith Schlain Windsor (Goodman, Melissa) |
| December 3, 2010 | Minute Entry for proceedings held before Magistrate Judge James C. Francis: Initial Pretrial Conference held on 12/3/2010. (mro) | |
| December 3, 2010 | 6 | ORDER: By February 9, 2011 the defendant shall serve and file its motion to dismiss. Plaintiff shall answer the motion by March 11, 2011 and shall make any cross-motion for summary judgment. By March 25, 2011, defendant shall submit its reply on its motion to dismiss and submit any application to stay plaintiff's cross-motion for summary judgment. If defendant does not apply for a stay, it shall answer plaintiff's motion for summary judgment by April 8, 2011. (Signed by Magistrate Judge James C. Francis on 12/3/2010) Copies Mailed By Chambers. (jpo) Modified on 1/5/2011 (jpo). |
| December 2, 2010 | 5 | NOTICE OF CHANGE OF ADDRESS by Alexis Brie Karteron on behalf of Edith Schlain Windsor. New Address: New York Civil Liberties Union, 125 Broad Street, 19th Floor, New York, NY, US 10004, 212-607-3300. (Karteron, Alexis) |
| December 2, 2010 | 4 | NOTICE OF APPEARANCE by Jean Lin on behalf of The United States Of America (Lin, Jean) |
| November 23, 2010 | 3 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Barbara S. Jones on 11/23/10) (djc) |
| November 10, 2010 | 2 | SUMMONS RETURNED EXECUTED Summons and Complaint served. The United States Of America served on 11/9/2010, answer due 1/8/2011. Service was accepted by Calvin Coleman, Legal Technician. Service was made by Certified Mail. Document filed by Edith Schlain Windsor. (Kaplan, Roberta) |
| November 9, 2010 | Case Designated ECF. (ama) | |
| November 9, 2010 | Magistrate Judge James C. Francis IV is so designated. (ama) | |
| November 9, 2010 | SUMMONS ISSUED as to The United States Of America, U.S. Attorney and U.S. Attorney General. (ama) | |
| November 9, 2010 | 1 | COMPLAINT against The United States Of America. (Filing Fee $ 350.00, Receipt Number 920552)Document filed by Edith Schlain Windsor.(ama) |
Docket Report Last Updated: January 19, 2012 01:37:24 PST
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| Plaintiff: Edith Schlain Windsor | |
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| Represented By: Andrew James Ehrlich | |
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| Defendant: The United States Of America | |
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