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8:12-cv-01137 #97

8:12-cv-01137 #97

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Published by Equality Case Files
Doc #97 - DOJ Reply in support of application to postpone hearing
Doc #97 - DOJ Reply in support of application to postpone hearing

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Categories:Business/Law
Published by: Equality Case Files on Nov 12, 2012
Copyright:Attribution Non-commercial

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11/14/2012

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STUART F. DELERYActing Assistant Attorney General, Civil DivisionAUGUST E. FLENTJEActing Deputy Assistant Attorney GeneralDAVID J. KLINEDirector, Office of Immigration LitigationDistrict Court SectionJEFFREY S. ROBINSAssistant DirectorAARON S. GOLDSMITH (VSB No. 45405)Senior Litigation CounselP.O. Box 868, Ben Franklin StationWashington, D.C. 20044Telephone: (202) 532-4107Facsimile: (202) 305-7000Email: aaron.goldsmith@usdoj.govTIMOTHY M. BELSANTrial AttorneyAttorneys for DefendantsUNITED STATES DISTRICT COURTFOR THE CENTRAL DISTRICT OF CALIFORNIAMARTIN ARANAS, et al., ) No. 8:12-cv-1137-CBM (AJWx))Plaintiffs, )
DEFENDANTS’ REPLY IN
 
)
IN SUPPORT OF THEIR
 
EX
v. )
PARTE APPLICATION TO
 )
POSTPONE HEARING
JANET NAPOLITANO, Secretary, )Department of Homeland Security, )et al., )Defendants. )______________________________ ) Before the Hon. Consuelo B. Marshall
Case 8:12-cv-01137-CBM-AJW Document 97 Filed 11/09/12 Page 1 of 3 Page ID #:2309
 
 
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In Plaintiffs’ Opposition to Defendants’ Ex Parte Application to Postpone
Hearing (Dkt. No. 94), Plaintiffs contend that the Court should bifurcate therequested relief, postponing hearing on the two pending motions to dismiss but
retaining the November 20, 2012 hearing with regard to Plaintiffs’ motions for 
class certification and for a preliminary injunction.
See
Dkt. No. 94 at 1
(“[D]efendants’ ex parte application should be granted only with regards todefendants’ and intervenor’s dispositive motions to dismiss.”).
This Court shouldreject such an approach.The issues presented by each motion substantially overlap, in particular withregard to
the two motions to dismiss and Plaintiffs’ motion for a preliminaryinjunction. For example, Plaintiffs’
motion for preliminary injunction depends ontheir ability to show a strong likelihood of success on the merits of their claim thatSection 3 of DOMA discriminates on the basis of sexual orientation in violation of the equal protection component of the Fifth Amendment,
see
 
Winter v. Natural Res. Def. Council
, 555 U.S. 7, 20, 129 S. Ct. 365, 172 L. Ed. 2d 249 (2008), thepredominant question raised in the motions to dismiss. To hold separate hearingson the issue would be duplicative and would result in an unnecessary expenditureof judicial and governmental time and resources. Indeed, Plai
ntiffs’ acknowledged
this much in the Stipulation re Briefing and Hearing Dates (Dkt. No. 40), whichthey drafted and filed. In that Stipulation, Plaintiffs acknowledged that it would be
more efficient
” to hold the “
hearing(s) on the proposed intervenor-
defendant’s
motion to dismiss (filed Sept. 14, 2012), a planned partial motion to dismiss to be
filed by defendants, and plaintiffs’ motions for class
certification and a preliminaryinjunction (both filed August 23, 2012)
” all
on the same date and at the same time.Dkt. No. 40 at 5.As Plaintiffs have failed to show any harm that would result frompostponing by two weeks the hearing scheduled for November 20, 2012, the Courtshould
grant Defendants’ motion to
postpone the hearing. In the event that the
Case 8:12-cv-01137-CBM-AJW Document 97 Filed 11/09/12 Page 2 of 3 Page ID #:2310

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