Case3:10-cv-00257-JSW Document140

Filed06/28/11 Page1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

JAMES R. McGUIRE (CA SBN 189275) JMcGuire@mofo.com GREGORY P. DRESSER (CA SBN 136532) GDresser@mofo.com RITA F. LIN (CA SBN 236220) RLin@mofo.com AARON D. JONES (CA SBN 248246) AJones@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 JON W. DAVIDSON (CA SBN 89301) JDavidson@lambdalegal.org SUSAN L. SOMMER (pro hac vice) Ssommer@lambdalegal.org TARA L. BORELLI (CA SBN 216961) TBorelli@lambdalegal.org LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. 3325 Wilshire Boulevard, Suite 1300 Los Angeles, California 90010-1729 Telephone: 213.382.7600 Facsimile: 213.351.6050 Attorneys for Plaintiff KAREN GOLINSKI UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

KAREN GOLINSKI, Plaintiff, v. UNITED STATES OFFICE OF PERSONNEL MANAGEMENT, and JOHN BERRY, Director of the United States Office of Personnel Management, in his official capacity, Defendants.

Case No.

3:10-cv-0257-JSW

PLAINTIFFS RESPONSE TO BIPARTISAN LEGAL ADVISORY GROUPS OPPOSITION TO DEFENDANTS ADMINISTRATIVE MOTION TO ENLARGE PERIOD TO FILE A BRIEF IN RESPONSE TO MOTIONS TO DISMISS AND TO EXCEED PAGE LIMITATIONS

26 27 28

sf-3013581

Case3:10-cv-00257-JSW Document140

Filed06/28/11 Page2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Defendants submitted an administrative motion on June 22, 2011 for leave to file a 30page brief regarding the pending motions to dismiss on or before July 1, 2011. (Dkt. 132.) As noted in defendants motion, plaintiff does not oppose that motion, so long as plaintiff is provided until at least July 15 to respond. (Id.) Bipartisan Legal Advisory Group (BLAG) submitted an opposition to defendants motion yesterday. (Dkt. 139.) Buried in a footnote on the last page of BLAGs opposition is a request that, if defendants motion is granted, the Court alter the briefing schedule and length of BLAGs reply to plaintiffs opposition to its motion to dismiss. (Dkt. 139 at 5 n.2.) Plaintiff respectfully submits this response to oppose that request. BLAGs reply to plaintiffs opposition to its motion to dismiss is otherwise due on July 8, 2011, pursuant to the agreement of the parties and this Courts June 15, 2011 order (Dkt. 128). Under Local Rule 7-4(b), BLAGs reply is limited to fifteen pages. If defendants motion to file a brief is granted, BLAG now requests leave to file a consolidated 30-page brief in response to both plaintiffs opposition and defendants requested brief and to extend its reply deadline to July 15, 2011. Plaintiff respectfully opposes that request. BLAG has not met and conferred with plaintiff regarding its request. As BLAG repeatedly notes in its submission, defendants and plaintiff are not the same party and have different positions and interests. It is inappropriate and confusing for BLAG to respond to both briefs in a consolidated brief. BLAG should file a response of no more than 15 pages to plaintiffs opposition to its motion to dismiss on July 8. That response should be separate from any response by BLAG to defendants brief. Plaintiff has no objection to BLAG responding to defendants brief on July 15, 2011. To the extent that issues overlap between BLAGs response to plaintiff and BLAGs response to defendants, BLAG should feel free to incorporate portions of its earlier filing by reference. However, plaintiff sees no basis or need for consolidation of briefing, which appears to be an ill-disguised attempt to garner more pages than otherwise allotted to BLAG on reply (e.g., using 25 pages to respond to plaintiffs and 5 to respond to defendants, or vice versa).

sf-3013581

Case3:10-cv-00257-JSW Document140

Filed06/28/11 Page3 of 3

1 Dated: June 28, 2011 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Attorneys for Plaintiff KAREN GOLINSKI By: /s/ Rita F. Lin RITA F. LIN LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC. MORRISON & FOERSTER LLP

sf-3013581