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Case 3:10-cv-01750-VLB Document 42 Filed 03/08/11 Page 1 of 4

UNITED STATES DISTRICT COURT


DISTRICT OF CONNECTICUT

_____________________________________
JOANNE PEDERSEN, et al., )
)
Plaintiffs, )
)
v. ) No. 3:10-cv-01750-VLB
)
OFFICE OF )
PERSONNEL MANAGEMENT, et al., )
)
Defendants. )
_____________________________________ )

PLAINTIFFS’ RESPONSE TO
DEFENDANTS’ MOTION FOR EXTENSION OF TIME

The Defendants have asked for a 90-day extension of the time to file

a responsive pleading or, in the alternative, a suspension of the current

Scheduling Order with the Defendants filing a status report no later than

March 25, 2011.

Without more information and justification, the Plaintiffs simply

cannot agree to a 90-day delay in this case which was filed almost exactly 4

months ago on November 9, 2010. With the Defendants’ proposed date of

June 9, 2011, there would be no first responsive pleading until this case is

a full 7 months old. Defendants’ only rationale is that “it appears that

additional time is needed.” (Motion, p. 2).

Similarly, the Plaintiffs cannot assent to a suspension of the agreed-

upon scheduling order with nothing more than a promise of a status report

on March 25, 2011.


Case 3:10-cv-01750-VLB Document 42 Filed 03/08/11 Page 2 of 4

At the same time, the Plaintiffs understand that the Department of

Justice (DOJ) is in a position where it wants to accommodate and facilitate

the entry of the House of Representatives in some capacity in this

litigation; and it is now clear, as the Defendants note, from Speaker John

Boehner’s March 4, 2011 announcement that the House of Representatives

will, in fact, act to defend Section 3 of DOMA in this court. DOJ also has

indicated that it expects to meet with the House General Counsel’s Office

this week to discuss the litigation. At the least then, House General

Counsel’s Office should be prepared to speak to this court on preliminary

matters within a few days.

Moreover, DOJ has represented to the Plaintiffs that it will remain as

counsel for the Defendants throughout the litigation; and DOJ certainly

remains capable of filing a responsive pleading on behalf of the Defendants

– and one that does not prejudice any interests of the House of

Representatives.

Given this information, the Plaintiffs respectfully submit that the next

appropriate step is a Status Conference with the court no later than Friday,

March 18, 2011 where counsel for the House of Representatives, DOJ and

the Plaintiffs are present to confer as to how to proceed expeditiously and

efficiently. Most important, the House of Representatives can then speak

for itself as to its needs in the litigation.

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Case 3:10-cv-01750-VLB Document 42 Filed 03/08/11 Page 3 of 4

Ultimately, the Plaintiffs desire the least disruption possible as to the

existing Scheduling Order and hope to continue to abide by that schedule

and file a motion for summary judgment by March 31, 2011.

WHEREFORE, the Plaintiffs respectfully request that the Court deny

the Defendants’ Motion For Extension of Time and, in the alternative, order

a Status Conference prior to March 18, 2011.

Respectfully submitted,

JOANNE PEDERSEN & ANN MEITZEN


GERALD V. PASSARO, II
RAQUEL ARDIN & LYNDA DEFORGE
JANET GELLER & JOANNE MARQUIS
SUZANNE & GERALDINE ARTIS
BRADLEY KLEINERMAN & JAMES GEHRE
and
DAMON SAVOY & JOHN WEISS

By their attorneys,

GAY & LESBIAN ADVOCATES &


DEFENDERS

/s/ Gary D. Buseck


Gary D. Buseck, #ct28461
gbuseck@glad.org
Mary L. Bonauto, #ct28455
mbonauto@glad.org
Janson Wu, #ct28462
jwu@glad.org
Vickie L. Henry, (pro hac vice to be filed)
vhenry@glad.org
30 Winter Street, Suite 800
Boston, MA 02108
(617) 426-1350
JENNER & BLOCK

/s/ Paul M. Smith


Paul M. Smith, (pro hac vice to be filed)
psmith@jenner.com

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Case 3:10-cv-01750-VLB Document 42 Filed 03/08/11 Page 4 of 4

1099 New York Avenue, NW


Suite 900
Washington, DC 20001-4412
(202) 639-6060

HORTON, SHIELDS & KNOX

/s/ Kenneth J. Bartschi_____________


Kenneth J. Bartschi, #ct17225
kbartschi@hortonshieldsknox.com
Karen Dowd, #ct09857
kdowd@hortonshieldsknox.com
90 Gillett St.
Hartford, CT 06105
(860) 522-8338

AS TO PLAINTIFFS
SUZANNE & GERALDINE ARTIS
BRADLEY KLEINERMAN & JAMES GEHRE

SULLIVAN & WORCESTER LLP

/s/ David J. Nagle


David J. Nagle, #ct28508
dnagle@sandw.com
Richard L. Jones, #ct28506
rjones@sandw.com
One Post Office Square
Boston, MA 02109
(617) 338-2800

DATED: March 8, 2011

CERTIFICATE OF SERVICE

I hereby certify that on March 8, 2011, a copy of the foregoing Plaintiffs’


Response to Defendants’ Motion for Extension of Time was filed
electronically. Notice of this filing will be sent by e-mail to all parties by
operation of the Court’s electronic filing system. Parties may access this
filing through the Court’s CM/ECF System.

/s/ Gary D. Buseck______________


Gary D. Buseck

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