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UNITED STATES COURT OF APPEAL FOR THE SECOND CIRCUIT ____________________ No. 12-2335 ____________________ EDITH SCHLAIN WINDSOR, Plaintiff-Appellee, v. UNITED STATES, Defendant, BIPARTISAN LEGAL ADVISORY GROUP OF THE U.S. HOUSE OF REPRESENTATIVES, Intervenor-Defendant-Appellant. ____________________ On Appeal from a Final Order of the U.S. District Court for the Southern District of New York _________ INTERVENOR-DEFENDANT-APPELLANT’S NOTICE OF INTENT TO FILE RESPONSE TO APPELLEE’S MOTION FOR EXPEDITED REVIEW This appeal concerns a June 6, 2012 ruling by the district court that Section 3 of the Defense of Marriage Act (“DOMA”), 1 U.S.C. § 7, is unconstitutional. See Order, Windsor v. United States (S.D.N.Y. June 6, 2012) (ECF No. 93), and Judgment, Windsor v. United States (S.D.N.Y. June 7, 2012) (ECF No. 94). Intervenor-Defendant-Appellant the Bipartisan Legal Advisory Group of the U.S.
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House of Representatives (“House”) noticed its appeal from that ruling on June 8, 2012. See Notice of Appeal [ . . . ] (June 8, 2012) (ECF No. 95). On June 11, 2012, Plaintiff-Appellee Edith Windsor – even though she prevailed fully below – moved for a radically expedited briefing schedule for this appeal. See Mot. for Expedited Review (June 11, 2012) (ECF No. 8-1); Memorandum of Law in Support [. . .] at 2 (June 11, 2012) (ECF No. 8-2) (asking Court to require House to file its opening brief by July 6, 2012); cf. id. at 12 (asking Court to require House to file its opening brief by June 29, 2012). The Motion indicates that Ms. Windsor’s counsel – aside from not knowing which of two radically expedited briefing schedules she actually wishes to propose to this Court – also does not know whether the House intends to file a response. That is surprising since counsel for the House expressly advised Ms. Windsor’s counsel on June 11, a few hours before the Motion was filed, that the radically expedited scheduled she was proposing was not acceptable to the House.1 And even if Ms. Windsor’s counsel really did not know whether the House intended to file a response, she could have asked us – but did not – before filing the Motion. In any event, the House now respectfully advises the Court that it does intend to respond to the Motion to Expedite. The House will file its response as

Ms. Windsor’s counsel proposed to counsel for the House that the House file its opening brief by June 29, 2012.
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promptly as possible, but in any event no later than June 21, 2012, in accordance with Federal Rule of Appellate Procedure 27(a)(3)(A). Respectfully submitted, BANCROFT PLLC By: /s/ Paul D. Clement Paul D. Clement H. Christopher Bartolomucci Conor B. Dugan Nicholas J. Nelson Bancroft PLLC 1919 M Street, N.W., Suite 470 Washington, D.C. 20036 (202) 234-0090 Counsel for Intervenor-Defendant-Appellant 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 Office of General Counsel U.S. House of Representatives 219 Cannon House Office Building Washington, D.C. 20515 (202) 225-9700 June 13, 2012

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CERTIFICATE OF SERVICE

I certify that on June 13, 2012, I served one copy of the foregoing Intervenor-Defendant-Appellant’s Notice of Intent to File Response to Appellee’s Motion for Expedited Review by CM/ECF, by electronic mail (.pdf format), and by first-class mail, postage prepaid, on the following: Roberta A. Kaplan, Esq. Andrew J. Ehrlich, Esq. Jaren Janghorbani PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, NY 10019-6064 Melissa Goodman, Esq. Arthur Eisenberg, Esq. Mariko Hirose, Esq. NEW YORK CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street, 19th Floor New York, New York 10004 James D. Esseks, Esq. Rose A. Saxe, Esq. AMERICAN CIVIL LIBERTIES UNION FOUNDATION 125 Broad Street New York, NY 10004 Jean Lin, Esq. UNITED STATES DEPARTMENT OF JUSTICE, CIVIL DIVISION 20 Massachusetts Ave., N.W., 7th Floor Washington, DC 20530

/s/ Kerry W. Kircher Kerry W. Kircher
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