Case: 12-15409

08/13/2012

ID: 8285849

DktEntry: 147

Page: 1 of 2

VIA ECF FILING August 13, 2012 Ms. Molly C. Dwyer Clerk, United States Court of Appeals for the Ninth Circuit P. O. Box 193939 San Francisco, CA 94119-3939 Re: Golinski v. Office of Personnel Management, et al., Nos. 12-15388 & 12-15409

Dear Ms. Dwyer: On July 27, 2012 this Court issued an order directing that this case be held in abeyance until resolution of the petition for a writ of certiorari before judgment pending before the United States Supreme Court in Office of Personnel Management, et al., v. Golinski, No. 12-16. (Dkt. 147.) On July 31, 2012, the Department of Justice (DOJ) filed a reply brief pursuant to this Courts previously issued scheduling order, and moved for permission to respond in its brief to Ms. Golinskis alternative arguments for affirming the District Courts decision below. (Dkt. 148.) This Court granted DOJs motion on August 8, 2012. (Dkt. 151.) Recognizing that this matter is stayed, Ms. Golinski respectfully requests that she be provided an opportunity to respond to DOJs arguments if and when the stay is lifted. Because DOJ has not briefed these theories prior to its reply in this Court, Ms. Golinski has not otherwise been able to respond to DOJs arguments. I would appreciate your distributing a copy of this letter to the members of the panel assigned to these consolidated appeals. Sincerely, /s/ Tara L. Borelli Tara L. Borelli Staff Attorney Counsel for Plaintiff-Appellee Karen Golinski cc: Service completed via ECF filing

Lambda Legal Defense and Education Fund Western Regional Office 3325 Wilshire Blvd, Suite 1300 Los Angeles, CA 90010-1729 t. 213/382-7600 f. 213/351-6050

Case: 12-15409

08/13/2012

ID: 8285849

DktEntry: 147

Page: 2 of 2