Case 2:12-cv-00887-CBM-AJW Document 37

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1 Paul D. Clement (DC Bar 433215) pclement@bancroftpllc.com 2 H. Christopher Bartolomucci (DC Bar 453423) 3 cbartolomucci@bancroftpllc.com Conor B. Dugan (DC Bar 1006458) 4 cdugan@bancroftpllc.com 5 Nicholas J. Nelson (DC Bar 1001696) nnelson@bancroftpllc.com 6 7 BANCROFT PLLC 1919 M Street, N.W. 8 Suite 470 9 Washington, D.C. 20036 10 202-234-0090 (telephone) 202-234-2806 (facsimile) 11 12 Of Counsel: Kerry W. Kircher, General Counsel (DC Bar 386816) 13 Kerry.Kircher@mail.house.gov 14 William Pittard, Deputy General Counsel (DC Bar 482949) William.Pittard@mail.house.gov 15 Christine Davenport, Senior Assistant Counsel (NJ Bar 043682000) 16 Christine.Davenport@mail.house.gov Kirsten W. Konar, Assistant Counsel (DC Bar 979176) 17 Kirsten.Konar@mail.house.gov 18 Todd B. Tatelman, Assistant Counsel (VA Bar 66008) Todd.Tatelman@mail.house.gov 19 Mary Beth Walker, Assistant Counsel (DC Bar 501033) 20 MaryBeth.Walker@mail.house.gov 21 OFFICE OF GENERAL COUNSEL, 22 U.S. HOUSE OF REPRESENTATIVES 219 Cannon House Office Building 23 Washington, D.C. 20515 24 202-225-9700 (telephone) 202-226-1360 (facsimile) 25 26 Counsel for Proposed Intervenor-Defendant the Bipartisan Legal Advisory Group of the U.S. House of Representatives 27 28
PROPOSED INTERVENOR’S NOTICE OF SUPPLEMENTAL AUTHORITY Case No. CV 12-877 CBM (AJWx)

Case 2:12-cv-00887-CBM-AJW Document 37

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UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA Western Division ) No. 2:12-cv-00887-CBM (AJWx) ) ) PROPOSED ) INTERVENOR’S NOTICE ) OF SUPPLEMENTAL ) AUTHORITY ) ) ) ) ) )

4 TRACEY COOPER-HARRIS and 5 MAGGIE COOPER-HARRIS, 6 7 8 v. Plaintiffs,

9 UNITED STATES OF AMERICA, et al., 10 11 12 Defendants.

Proposed Intervenor the Bipartisan Legal Advisory Group of the U.S. House

13 of Representatives (the “House”) respectfully submits this Notice of Supplemental 14 Authority in order to bring to the Court’s attention two recent rulings – Electronic 15 Order, McLaughlin v. Panetta, No. 1:11-cv-11905 (D. Mass. May 16, 2012), 16 attached as Exhibit A; and Order, Torres-Barragan v. Holder, No. 10-55768 (9th 17 Cir. Apr. 10, 2012) (ECF No. 56), attached as Exhibit B – which are pertinent to the 18 Unopposed Motion of the [House] for Leave to Intervene (Apr. 2, 2012) (ECF No. 19 17). 20 1. In its Memorandum of Points and Authorities in Support of Unopposed 21 Motion of the [House] for Leave to Intervene (Apr. 2, 2012) (ECF No. 19) (“House 22 Mem.”), the House pointed out that “[o]ver the past ten months, the House has 23 moved to intervene in ten other cases that present the issue of . . . [the] 24 constitutionality [of Section 3 of the Defense of Marriage Act (“DOMA”), 1 25 U.S.C. § 7]. To date, all nine federal courts that have ruled on such House motions 26 to intervene . . . have permitted House intervention.” House Mem. at 7; see also 27 id. at 7 n.3 (listing rulings). 28
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2. Since April 2, 2012, the House has moved to intervene in three additional

2 cases, which makes a total of 14 such House intervention motions. See Unopposed 3 Mot. of the [House] for Leave to Intervene, Cardona v. Shinseki, No. 11-3083 4 (Vet. App. May 21, 2012); Mot. of the [House] for Leave to Intervene, Blesch v. 5 Holder, No. 1:12-cv-01578 (E.D.N.Y. May 15, 2012) (ECF No. 9); Mot. of the 6 [House] for Leave to Intervene, McLaughlin v. Panetta, No.1:11-cv-11905 (D. 7 Mass. May 1, 2012) (ECF No. 32). The McLaughlin case is similar to this case in 8 that it involves challenges to 38 U.S.C. § 101(3), (31), in addition to challenges to 9 DOMA Section 3, and the Cardona case is similar to this case in that it involves 10 challenges to 38 U.S.C. § 101(31), in addition to challenges to DOMA Section 3. 11 3. In addition, as noted above, since April 2, 2012, the House has been 12 granted permission to intervene in both the McLaughlin and Torres-Barragan 13 cases. As a result, to date, all 11 federal courts that have ruled on a House 14 intervention motion in cases involving DOMA Section 3 and/or 38 U.S.C. § 15 101(3), (31), have permitted the House to intervene, and two such motions remain 16 pending in other courts as of this time: the motions in the Cardona and Blesch 17 cases (both of which are unopposed). 18 19 20 21 22 23 24 25 26 27 28
Kerry W. Kircher, as ECF filer of this document, attests that concurrence in the filing of the document has been obtained from signatory Paul D. Clement. 2
PROPOSED INTERVENOR’S NOTICE OF SUPPLEMENTAL AUTHORITY Case No. CV 12-877 CBM (AJWx)
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Respectfully submitted, By: /s/ Paul D. Clement Paul D. Clement BANCROFT PLLC1 Counsel for Proposed Intervenor-Defendant the Bipartisan Legal Advisory Group of the U.S. House of Representatives May 21, 2012

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CERTIFICATE OF SERVICE I hereby certify that on May 21, 2012, I electronically filed the foregoing

3 Proposed Intervenor’s Notice of Supplemental Authority with the Clerk of the 4 Court for the U.S. District Court for the Central District of California using the 5 Court’s CM/ECF system. I further certify that all parties in this case are registered 6 CM/ECF users and will be served by the CM/ECF system. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
PROPOSED INTERVENOR’S NOTICE OF SUPPLEMENTAL AUTHORITY Case No. CV 12-877 CBM (AJWx)

/s/ Kerry W. Kircher Kerry W. Kircher

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EXHIBIT A

CM/ECF - USDC Massachusetts - Version 5.1.1 as of 12/5/2011

https://ecf.mad.uscourts.gov/cgi-bin/DktRpt.pl?625403768776048-L_1_0-1

Case 2:12-cv-00887-CBM-AJW Document 37-1

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United States District Court District of Massachusetts (Boston) CIVIL DOCKET FOR CASE #: 1:11-cv-11905-RGS

McLaughlin, et al. v Panetta, et al Assigned to: Judge Richard G. Stearns Cause: 28:1331 Federal Question: Other Civil Rights

Date Filed: 10/27/2011 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Defendant

Date Filed 10/27/2011

#

Docket Text

1 COMPLAINT against All Plaintiffs Filing fee: $ 350, receipt number 0101-3645994 (Fee Status: Filing Fee paid), filed by Shannon L. McLaughlin. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet)(McClatchey, Ian) (Entered: 10/27/2011) 2 MOTION for Leave to Appear Pro Hac Vice for admission of Abbe David Lowell Filing fee: $ 200, receipt number 0101-3646028 by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of A. D. Lowell)(McClatchey, Ian) Modified to add filers on 10/27/2011 (Anderson, Jennifer). (Entered: 10/27/2011) 3 MOTION for Leave to Appear Pro Hac Vice for admission of Christopher Man by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of C. Man)(McClatchey, Ian) Modified to add filers on 10/27/2011 (Anderson, Jennifer). (Entered: 10/27/2011) 4 MOTION for Leave to Appear Pro Hac Vice for admission of John M. Goodman by All Plaintiffs. (Attachments: # 1 Exhibit John Goodman)(McClatchey, Ian) Modified to add filers on 10/27/2011 (Anderson, Jennifer). (Entered: 10/27/2011) 5 MOTION for Leave to Appear Pro Hac Vice for admission of David McKean by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of D. McKean)(McClatchey, Ian) Modified to add filers on 10/27/2011 (Anderson, Jennifer). (Entered: 10/27/2011) ELECTRONIC NOTICE of Case Assignment. Judge Joseph L. Tauro assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Robert B. Collings. (Folan, Karen) (Entered: 10/27/2011) 6 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Anderson, Jennifer) (Entered: 10/27/2011) 7 AFFIDAVIT OF SERVICE Executed by Jacqueline Kennedy, Monika Poxon, Joan Darrah, Steve M. Hill, Casey McLauglin, Gary C. Ross, Shannon L. McLaughlin, Joshua Snyder, Stewart Bornhoft, Charlie Morgan, Daniel Henderson, Jerret

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Case 2:12-cv-00887-CBM-AJW Document 37-1 04/20/2012

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31 Consent MOTION to Stay Obligations to Answer the Complaint and to Respond to Plaintiffs' Summary Judgment Motion by Eric H. Holder, Jr., Leon E. Panetta, Eric K. Shinseki, United States of America.(Lin, Jean) (Entered: 04/20/2012) Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 31 Motion to Stay response to summary judgment to twenty-one(21) days after the Court of Appeals issues a decision in 10-2204 and 10-2207. (Flaherty, Elaine) (Entered: 04/23/2012) 32 MOTION to Intervene by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Text of Proposed Order)(Bartolomucci, H.) (Entered: 05/01/2012) 33 MEMORANDUM in Support re 32 MOTION to Intervene filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J)(Bartolomucci, H.) (Entered: 05/01/2012) 34 Opposition re 32 MOTION to Intervene filed by Shannon L. McLaughlin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McClatchey, Ian) (Entered: 05/09/2012) 35 MOTION for Leave to File Excess Pages for Opposition to Motion to Intervene by Shannon L. McLaughlin. (Attachments: # 1 Memorandum In Support of Motion to File Oversized Opposition, # 2 Proposed Order)(McClatchey, Ian) (Entered: 05/09/2012) Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 35 Motion for Leave to File Excess Pages ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Flaherty, Elaine) (Entered: 05/10/2012) 36 Opposition re 32 MOTION to Intervene filed by Shannon L. McLaughlin. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McClatchey, Ian) (Entered: 05/10/2012) 37 RESPONSE to Motion re 32 MOTION to Intervene filed by Eric H. Holder, Jr., Leon E. Panetta, Eric K. Shinseki, United States of America. (Attachments: # 1 Text of Proposed Order)(Lin, Jean) (Entered: 05/15/2012) 38 MOTION for Leave to File Consolidated Reply Memorandum in Support of Motion to Intervene by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Text of Proposed Order)(Bartolomucci, H.) (Entered: 05/15/2012) 39 MEMORANDUM in Support re 38 MOTION for Leave to File Consolidated Reply Memorandum in Support of Motion to Intervene filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Bartolomucci, H.) (Entered: 05/15/2012) Judge Richard G. Stearns: ELECTRONIC ORDER entered granting 32 Motion to Intervene "ALLOWED, every court of appeals that has addressed the issue has found standing. "Finding as Moot 38 Motion for Leave to File Document. (Flaherty, Elaine) Modified text on 5/17/2012 (Seelye, Terri). (Entered: 05/16/2012)

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EXHIBIT B

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FILED
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
APR 10 2012
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS

LUIS FRANCISCO TORRESBARRAGAN; et al., Plaintiffs - Appellants, v. BIPARTISAN LEGAL ADVISORY GROUP OF THE U.S. HOUSE OF REPRESENTATIVES, Intervenor, and ERIC H. HOLDER, Jr., Attorney General, Department of Justice; et al., Defendants - Appellees.

No. 10-55768 D.C. No. 2:09-cv-08564-RGK Central District of California, Los Angeles

ORDER

Before: PREGERSON, CANBY, and FISHER, Circuit Judges. The unopposed motion of the Bipartisan Legal Advisory Group of the United States House of Representatives to intervene on behalf of appellees is granted. The motion for voluntary dismissal of this appeal is granted. This appeal is dismissed. See Fed. R. App. P. 42(b).
AT/MOATT

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All other pending motions are denied as moot. DISMISSED.

AT/MOATT

2

10-55768

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