Parties' Stipulation and Proposed Order Regarding Briefing Schedule for Motion for Summary Judgment

CLAUDIA WILKEN, District Judge.

WHEREAS, plaintiffs filed this action as a putative class on April 13, 2010, alleging constitutional claims on behalf of three gay and lesbian couples, all three of whom were married in 2008. and two of whom were registered as domestic partners;

WHEREAS, following extensions granted by the plaintiffs, the defendants Board of Administration of CalPERS and Anne Stausboll ("the state defendants") answered the complaint on July 2, 2010;

WHEREAS, following an extension granted by the plaintiffs, the defendants United States Department of the Treasury, Timothy Geithner, the Internal Revenue Service, and Douglas Shulman ("the federal defendants") filed a motion to dismiss on July 2, 2010;

WHEREAS, on January 18, 2011, the Court issued an order denying the federal defendants' motion to dismiss;

WHEREAS, on March 1. 2011, the Court entered a stipulated order granting plaintiffs leave to file their First Amended Complaint, adding plaintiffs Joanne Schmidt, Reide Garnett, Charles Cole, and David Beers and plaintiffs filed their First Amended Complaint on March 1, 2011;

WHEREAS, on May 2, 2011, counsel for the federal defendants filed a motion to dismiss Plaintiffs' First Amended Complaint with respect to its claims on behalf of registered domestic partners under California law;

WHEREAS, on July 15, 2011, this Court denied defendants' motion to dismiss Plaintiffs' First Amended Complaint without prejudice.

WHEREAS, on June 10, 2011, the Court entered an order granting the Bipartisan Legal Advisory Group of the House of Representatives (BLAG) leave to intervene as follows: "The group may intervene for the limited purpose of litigating—in the context of a motion or cross-motions for summary judgment—the constitutionality of Section III of DOMA under the equal protection component of the Fifth Amendment's Due Process Clause, and/or noticing an appeal from any final judgment of this Court holding that DOMA is not constitutional under the equal protection component of the Fifth Amendment's Due Process Clause.";

WHEREAS, on July 15, 2011, this Court granted Plaintiffs Motion for Class Certification, certifying the class as follows: Present and future CalPERS members who are in legally recognized same-sex marriages and registered domestic partnerships together with their spouses and partners, who as couples and families are denied access to the CalPERS Long-Term Care Program on the same basis as similarly situated present and future CalPERS members who are in opposite-sex marriages, and their spouses.

WHEREAS, on August 19. 2011. this Court entered a stipulated order granting plaintiffs leave to file their Second Amended Complaint, replacing Plaintiffs Schmidt and Garnett with Plaintiffs Rafael V. Dominguez and Jose G. Hermosillo;

WHEREAS, plaintiffs filed their Second Amended Complaint on September 7, 2011;

WHEREAS, on September 16. 2011. counsel for the federal defendants filed a motion to dismiss Plaintiffs' Second Amended Complaint with respect to its claims on behalf of registered domestic partners under California law;

WHEREAS, on October 27, 2011, this Court held a hearing regarding Defendants' Motion to Dismiss Plaintiffs Second Amended Complaint with respect to the domestic partner claim;

WHEREAS, during the hearing the parties discussed the briefing schedule for Plaintiffs' Motion for Summary Judgment;

WHEREAS, this Court's Order of October 27, 2011, directed the parties to meet and confer regarding a briefing schedule and hearing date for the Plaintiffs' Motion for Summary Judgment and file a stipulation;

WHEREAS, the parties have met and conferred

THEREFORE, IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS:

January 19, 2012: Plaintiffs file Motion for Summary Judgment and the federal defendants file any supporting brief

February 21, 2012: Federal defendants and BLAG file any opposition and cross motion;

March 22, 2012: Plaintiffs file reply and opposition to cross motion and federal defendants file any supporting brief;

April 12, 2012: Federal defendants and BLAG file any reply to opposition to cross motion;

April 26, 2012: hearing on Motions for Summary Judgment

So stipulated,

ORDER

It is so ordered.