Case 3:10-cv-01750-VLB Document 53 Filed 05/25/11 Page 1 of 3

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. )
_____________________________________ )

ASSENTED-TO MOTION FOR ENTRY OF SCHEDULING ORDER

Pursuant to Fed. R. Civ. P. 16(b) and D. Conn. L. Civ. R. 16(b),

plaintiffs respectfully move for entry of a scheduling order in the above-

captioned matter, attached as Exhibit 1. All parties assent to this motion,

namely, counsel for the plaintiffs, for the Department of Justice, and for the

Bipartisan Legal Advisory Group of the United States House of

Representatives.

WHEREFORE, plaintiffs, with the assent of all parties, respectfully

request that the Court enter the proposed scheduling order.

Dated: May 25, 2011

Case 3:10-cv-01750-VLB Document 53 Filed 05/25/11 Page 2 of 3

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, (admission ceremony
pending)
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 motion to be
filed)
psmith@jenner.com
1099 New York Avenue, NW
Suite 900
Washington, DC 20001-4412
(202) 639-6060

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 Case 3:10-cv-01750-VLB Document 53 Filed 05/25/11 Page 3 of 3

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

CERTIFICATE OF SERVICE

I hereby certify that on May 25, 2011, a copy of the foregoing

Assented-To Motion for Entry of A Scheduling Order was filed

electronically and served by mail on anyone unable to accept electronic

filing. Notice of this filing will be sent by e-mail to all parties by operation of

the court’s electronic filing system or by mail to anyone unable to accept

electronic filing as indicated on the Notice of Electronic Filing. Parties may

access this filing through the court’s CM/ECF System.

/s/ Janson Wu_

Janson Wu
 

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 Case 3:10-cv-01750-VLB Document 53-1 Filed 05/25/11 Page 1 of 5

UNITED STATES DISTRICT COURT

FOR THE
DISTRICT OF CONNECTICUT

CIVIL ACTION
NO. 310 CV 1750 (VLB)

__________________________________________
JOANNE PEDERSEN & ANN MEITZEN, et al. , )
)
Plaintiffs, )
)
v. )
)
OFFICE OF PERSONNEL MANAGEMENT, et al., )
)
Defendants. )
___________________________________________)

PROPOSED SCHEDULING ORDER

After consideration of the submissions by the parties, the Court

orders as follows:

1. The Plaintiffs, the Defendants and the proposed Defendant-

Intervenor, the Bipartisan Legal Advisory Group of the United States House

of Representatives (“the House”) (collectively “the parties”), shall

exchange initial disclosures pursuant to Fed. R. Civ. P. 26(a) on or before

May 27, 2011.

2. As the parties have advised the court that they have agreed to

coordinate expert discovery and depositions (if any) in this case and in the

case of Windsor v. United States of America, 10 Civ. 8435

(S.D.N.Y.)(BSJ)(JCF) so that any expert reports and any expert depositions

may be used in both cases, the parties shall follow Paragraphs 2-3 and 5-7
 Case 3:10-cv-01750-VLB Document 53-1 Filed 05/25/11 Page 2 of 5

of the Revised Scheduling Order of May 11, 2011, entered in Windsor

(attached as Exhibit A).

3. The parties shall exchange all written requests for discovery

(including document requests, interrogatories and requests for admissions

pursuant to Fed. R. Civ. P. 26, 33 and 36) on or before June 8, 2011.

4. All fact and expert discovery shall be complete by July 11, 2011.

5. Plaintiffs shall file a motion for summary judgment on or before July

15, 2011.

6. The House shall file its opposition to Plaintiffs’ motion for summary

judgment and a motion to dismiss (if any) on or before August 15, 2011.

7. Plaintiffs shall file a reply in support of their motion for summary

judgment (including expert rebuttal declarations) (if any) and an opposition

to the House’s motion to dismiss (if any) and DOJ shall file a brief, if any,

on or before September 14, 2011.

8. The House shall file its reply in support of its motion to dismiss (if

any) on or before October 5, 2011.

SO ORDERED.

____________________________
Vanessa L. Bryant
UNITED STATES DISTRICT JUDGE

DATED: May ____, 2011

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Case 3:10-cv-01750-VLB Document 53-1 Filed 05/25/11 Page 3 of 5

EXHIBIT A

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REVISED SCHEDULING ORDER

After a conference with the parties on May 9, 2011, and consideration of the

arguments of counsel, the Court hereby orders as fo]Jows:

1. Plaintiff Edith Schlain Windsor ("plaintiff"), defendant, the United

States of America represented by the Department of Justice (the "DOr'), and proposed
Defendant-Intervenor, the Bipartisan Legal Advisory Group of the U.S. House of
Representatives ("the House") (collectively, "the parties"), shall exchange initial
disclosures pursuant to Fed. R. Civ. P. 26(a) on or before May 13,2011;

2. Plaintiff shall serve her expert reports and provide dates for the
depositions of her experts on or before May 20,2011;

3. If the House chooses, it may take the depositions of plaintiff's

experts beginning on May 23,2011;

4, The parties shall exchange all 'Written requests for discovery

(including document requests, interrogatories and requests for admission pursuant to Fed.
R. eiv. P. 26, 33, 36) on or before June 3, 2011~

5. The House shall identify its experts (if any) on or before June 7,
2011;

6. The House shall serve its expert reports (if any) on or before June
17,2011;

7. Plaintiff may take depositions of the House's experts (if any)

beginning on June 20, 2011;

8. All fact and expert discovery shall be completed by July 11, 20 f 1;

 Case
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9. Plaintiff shall file a motion for summary judgment on or before

July 15, 2011 (unless the House has not identified any experts pursuant to paragraphs 5
and 6 above, in which case plaintiff's motion for summary judgment shall be filed on or
before June 24,2011);

10. The House shall file its opposition to plaintiff's motion for
summary judgment and a motion to dismiss (if any) on or before August 15,2011 (unless
the House has not identified experts pursuant to paragraphs 5 and 6 above, in which case
the House shall file its opposition to plaintiffs motion for summary judgment and a
motion to dismiss (if any) on or before August 1,2011);

11. Plaintiff shall file a reply in support of her motion for summary
judgment (including expert rebuttal declarations) (if any) and an opposition to the
House's motion to dismiss (if any) and DOJ shall file a brief, if any, on or before
September 2, 2011 (unless the House has not identified experts pursuant to paragraphs 5
and 6 above, in which case plaintiff shall file a reply in support of her motion for
summary judgment (including expert rebuttal declarations) (if any) and an opposition to
the House's motion to dismiss (if any) and DO] shall file a brief, if any, on or before
August 19,2011); and

12. The House shall file its reply in support of its motion to dismiss (if
any) on or before September 23, 2011 (unless the House has not identified experts
pursuant to paragraphs 5 and 6 above, in which case the House shall file its reply in
support of its motion to dismiss (if any) on or before September 9,2011).

SO ORDERED.

S C. FRANCIS IV
ED STATES MAGISTRATE JUDGE

Dated: New York, New York

May Jl,
2011