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1:11-cv-11905 #46

1:11-cv-11905 #46

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Published by Equality Case Files
Doc #46
Doc #46

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Published by: Equality Case Files on Nov 19, 2013
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MASSACHUSETTS
 __________________________________________ ) SHANNON L. MCLAUGHLIN, et al., ) ) Plaintiffs, ) ) v. ) No. 1:11-cv-11905 ) LEON PANETTA, et al., ) ) Defendants. )  __________________________________________)
UNOPPOSED MOTION OF THE BIPARTISAN LEGAL ADVISORY GROUP OF THE U.S. HOUSE OF REPRESENTATIVES TO WITHDRAW AS INTERVENOR-DEFENDANT
The Bipartisan Legal Advisory Group of the U.S. House of Representatives (“House”) sought, and was granted, to intervene in this case for the purpose of defending Section 3 of the Defense of Marriage Act (“DOMA”), Pub. L. No. 104-199, 110 Stat. 2419 (1996), codified at 1 U.S.C. § 7, and 38 U.S.C. § 101(3), (31).
See
Mot. of the [House] to Intervene (May 1, 2012) (ECF No. 32); Electronic Order [Granting Mot. to Intervene] (May 16, 2012). The Supreme Court recently resolved the issue of DOMA Section 3’s constitutionality.
See United States v. Windsor 
, 570 U.S. __ (2013), 2013 WL 3196928 (U.S. June 26, 2013). The
Windsor 
 decision necessarily resolves the issue of DOMA Section 3’s constitutionality in this case. While the question of whether 38 U.S.C. § 101(3), (31) is constitutional remains open, the House has determined, in light of the Supreme Court’s opinion in
Windsor 
, that it no longer will defend that statute. Accordingly, the House now seeks leave to withdraw as a party defendant. In light of this motion, the House takes no position on whether “judgment should . . . enter for plaintiffs in this case.” Electronic Order (June 27, 2013) (ECF No. 44). A proposed order is submitted herewith and oral argument is not requested.
Case 1:11-cv-11905-RGS Document 46 Filed 07/18/13 Page 1 of 3
 
2
LOCAL RULE 7.1(A)(2) STATEMENT
On July 18, 2013, counsel for the House conferred with Christopher Man, counsel for  plaintiffs, and Jean Lin, Senior Trial Counsel with the Department of Justice, counsel for the Executive Branch defendants, both of whom advised that their clients do not oppose the House’s Motion to Withdraw. Respectfully submitted, Paul D. Clement
 /s/ H. Christopher Bartolomucci
H. Christopher Bartolomucci
 
BANCROFT PLLC 1919 M Street, N.W., Suite 470 Washington, D.C. 20036 (202) 234-0090 (phone); (202) 234-2806 (fax) cbartolomucci@bancroftpllc.com
Counsel for the Bipartisan Legal Advisory Group of the U.S. House of Representatives Of Counsel
Kerry W. Kircher, General Counsel William Pittard, Deputy General Counsel Christine Davenport, Senior Assistant Counsel Todd B. Tatelman, Assistant Counsel Mary Beth Walker, Assistant Counsel Eleni M. Roumel, Assistant Counsel Office of General Counsel U.S. House of Representatives
 
219 Cannon House Office Building Washington, D.C. 20515 (202) 225-9700 (phone) (202) 226-1360 (fax) July 18, 2013
Case 1:11-cv-11905-RGS Document 46 Filed 07/18/13 Page 2 of 3
 
CERTIFICATE OF SERVICE
 I certify that on July 18, 2013, I electronically filed the foregoing Unopposed Motion of the Bipartisan Legal Advisory Group of the U.S. House of Representatives to Withdraw as Intervenor-Defendant with the Clerk of the Court for the U.S. District Court for Massachusetts using the appellate CM/ECF system. I further certify that counsel for all parties in this case are registered CM/ECF users and will be served by the appellate CM/ECF system.
 /s/ Kerry W. Kircher
Kerry W. Kircher
Case 1:11-cv-11905-RGS Document 46 Filed 07/18/13 Page 3 of 3

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