________________________________________ MAJ SHANNON L. MCLAUGHLIN, et al. ))Plaintiffs, ))v. ) No. 1:11-cv-11905-RGS)LEON E. PANETTA, in his official capacity as )Secretary of Defense; et al., ))Defendants. ) ________________________________________ )
Plaintiffs filed this suit on October 27, 2011 (Dkt. 1) and sought summary judgment on November 21, 2011 (Dkts. 13-14), more than six months ago. They have agreed to multipleextensions of time for the government to respond, including the government's last request "
tocontinue the obligations to answer the Complaint and to respond to Plaintiffs’ motion for summary judgment to twenty-one (21) days after the Court of Appeals issues a decision in the consolidatedappeals of
Massachusetts v. HHS
, No. 10-2204, and
Gill v. OPM
, No. 10-2207." (Dkt. 31 at 1(granted on April 23, 2012)). The First Circuit issued its decision in those cases on March 31, 2012,making the government's response due on June 21, 2012 -- just as the government previouslyrequested. See Massachusetts v. HHS, 2012 WL 1948017 (1st Cir. May 31, 2012).It is not clear why the 21 days the government previously believed would be adequate torespond to the Plaintiffs' complaint and motion for summary judgment would no longer be adequate.Indeed, the First Circuit agreed with the government's contention that Section 3 of the Defense of Marriage Act ("DOMA") violates the equal protection component of the Fifth Amendment in thatcase, and the government has conceded that the statutes challenged by the Plaintiffs in this case are
Case 1:11-cv-11905-RGS Document 41 Filed 06/06/12 Page 1 of 5