Case: Golinski v. U.S. Office of Personnel Management

3:10-cv-00257 | U.S. District Court for the Northern District of California

Filed Date: Jan. 20, 2010

Closed Date: 2013

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Case Summary

On January 20, 2010, an employee of the federal judiciary married to her same-sex partner under California law filed a lawsuit in the U.S. District Court for the Northern District of California, San Francisco Division, under the Declaratory Judgment Act, 28 U.S.C. §§ 2201-2202, and the Administrative Procedure Act, 5 U.S.C. §§ 701-706, against the federal Office of Personnel Management (OPM). The plaintiff, represented by private counsel and Lambda Legal, asked the court for declaratory and injunctive relief and a review of administrative action, alleging an equal protection violation. Specifically, the plaintiff claimed that the federal Defense of Marriage Act (DOMA) violates the Fifth Amendment by refusing to recognize lawful same-sex marriages for purposes of the laws governing spousal health benefits for federal employees, thereby denying her of a benefit that would be available to her if her spouse were of the opposite sex.

The plaintiff, a 19-year employee of the U.S. Court of Appeals for the Ninth Circuit, had applied for health benefits for her wife and been denied, and though the Ninth Circuit (Chief Judge Alex Kozinski) then issued an order as part of the employment dispute procedure finding that she was entitled to spousal health benefits, In re Golinski, 587 F.3d 901 (9th Cir. 2009), the OPM had refused to comply. As such, the plaintiff's initial complaint requested a writ of mandamus to enforce the Ninth Circuit order. On March 16, 2011, however, the District Court (Judge Jeffrey S. White) dismissed this claim, finding that it lacked jurisdiction to issue mandamus relief, Golinski v. U.S. Office of Pers. Mgmt., 781 F. Supp. 2d 967 (N.D. Cal. 2011), and the plaintiff was forced to amend her complaint to request injunctive relief.

Meanwhile, on February 23, 2011, the Department of Justice indicated that it had come to the conclusion that DOMA was unconstitutional and that it would no longer defend the act in court. In response to this, on May 4, 2011, the Bipartisan Legal Advisory Group of the House of Representatives (BLAG) moved to intervene to defend the act, and their motion was granted on June 3. On the same day, the defendants-intervenors moved to dismiss the complaint.

On July 1, the plaintiff moved for summary judgment, and the Department of Justice filed a brief supporting the plaintiff's claim.

On February 22, 2012, the District Court (Judge White) granted the plaintiff's motion and denied that of the defendant-intervenors. Golinski v. U.S. Office of Pers. Mgmt., 824 F. Supp. 2d 968 (N.D. Cal. 2012). The Court stated that classifications based on sexual orientation should be subjected to heightened scrutiny, but held that the application of DOMA to deny spousal health benefits in this case did not even have a rational basis and thus constituted a violation of the equal protection component of the due process clause of the Fifth Amendment. It entered a permanent injunction prohibiting the defendants from interfering with the enrollment of the plaintiff's wife in her family health benefits plan.

Defendants-intervenors appealed to the Ninth Circuit. On May 22, 2012, the Court of Appeals (Judge Sydney R. Thomas) denied the plaintiff's motion for an initial hearing en banc and scheduled arguments before a three-judge panel for the week of September 10-14. However, the Court vacated the September 10, 2012 oral argument date, pending the resolution of the petition for writ of certiorari submitted to the Supreme Court on July 3, 2012 by the U.S. Department of Justice.

On June 27, 2013, the Supreme Court of the United States entered an order denying the petition for a writ of certiorari before judgment.

On July 25, 2013, the United States Court of Appeals for the Ninth Circuit entered an order dismissing all appeals of the case, as stipulated by the parties following the Supreme Court's decision in United States v. Windsor holding § 3 of the Defense of Marriage Act unconstitutional.

Summary Authors

Christopher Schad (12/7/2012)

Claire Lally (2/7/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4177537/parties/golinski-v-united-states-office-of-personnel-management/

Judge(s)

Alarcón, Arthur Lawrence (California)

Attorney for Plaintiff

Borelli, Tara Lynn (California)

Attorney for Defendant

Bartolomucci, H. Christopher (District of Columbia)

Bressler, Steven Y. (District of Columbia)

Clement, Paul D. (District of Columbia)

Judge(s)

Alarcón, Arthur Lawrence (California)

White, Jeffrey Steven (California)

Attorney for Plaintiff

Borelli, Tara Lynn (California)

Davidson, Jon Warren (California)

Day, Shelbi (California)

Dresser, Gregory P. (California)

Espinoza-Madrigal, Ivan E (Texas)

Jones, Aaron D. (California)

Lin, Rita (California)

McGuire, James R. (California)

Park, Grace Y. (California)

Pizer, Jennifer Carol (California)

Sommer, Susan (New York)

Attorney for Defendant

Bartolomucci, H. Christopher (District of Columbia)

Bressler, Steven Y. (District of Columbia)

Clement, Paul D. (District of Columbia)

Davenport, Christine (District of Columbia)

Delery, Stuart F. (District of Columbia)

Dugan, Conor Brendan (District of Columbia)

Flentje, August E. (District of Columbia)

Gilbert, Helen L (District of Columbia)

Goldberg, Arthur Robert (District of Columbia)

Haag, Melinda (District of Columbia)

Hall, Christopher R. (District of Columbia)

Hertz, Michael F. (District of Columbia)

Kircher, Kerry W. (District of Columbia)

Kruger, Leondra R. (District of Columbia)

Nelson, Nicholas J. (District of Columbia)

Pittard, William (District of Columbia)

Shah, Pratik A. (District of Columbia)

Singer, Michael Jay (District of Columbia)

Srinivasan, Srikanth (District of Columbia)

Tatelman, Todd B. (District of Columbia)

Verrilli, Donald B. Jr. (District of Columbia)

Walker, Mary Beth (District of Columbia)

West, Tony (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

3:10-cv-00257	Docket [PACER]	July 29, 2013	July 29, 2013 Docket
102 3:10-cv-00257	Second Amended Complaint	April 14, 2011	April 14, 2011 Complaint
145 3:10-cv-00257	Defendants' Brief in Opposition to Motion to Dismiss	July 1, 2011	July 1, 2011 Pleading / Motion / Brief
186 3:10-cv-00257	Order (Granting Plaintiff's Motion for Summary Judgment)	Feb. 22, 2012	Feb. 22, 2012 Order/Opinion 824 F.Supp.2d 968
12-00016	PETITION FOR A WRIT OF CERTIORARI BEFORE JUDGMENT Office of Personnel Management v. Golinski U.S. Court of Appeals for the Ninth Circuit	Feb. 22, 2012	Feb. 22, 2012 Order/Opinion
12-00016	Petition for a Writ of Certiorari Before Judgment Office of Personnel Management v. Golinski Supreme Court of the United States	July 3, 2012	July 3, 2012 Pleading / Motion / Brief
12-00016	BRIEF OF THE RESPONDENT IN SUPPORT OF PETITION FOR CERTIORARI BEFORE JUDGMENT Office of Personnel Management v. Golinski U.S. Court of Appeals for the Ninth Circuit	July 23, 2012	July 23, 2012 Pleading / Motion / Brief
12-00016	On Petition for a Writ of Certiorari Before Judgment to the United States Court of Appeals for the Ninth Circuit Brief in Opposition Office of Personnel Management v. Golinski U.S. Court of Appeals for the Ninth Circuit	Aug. 31, 2012	Aug. 31, 2012 Pleading / Motion / Brief
12-00016	REPLY BRIEF FOR THE FEDERAL PETITIONERS Office of Personnel Management v. Golinski Supreme Court of the United States	Sept. 11, 2012	Sept. 11, 2012 Pleading / Motion / Brief
201 3:10-cv-00257	Order Golinski v. United States Office of Personnel Management U.S. Court of Appeals for the Ninth Circuit	July 23, 2013	July 23, 2013 Order/Opinion 724 F.3d 1048

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4177537/golinski-v-united-states-office-of-personnel-management/

Last updated March 26, 2026, 4:56 a.m.

ECF Number	Date	Description	Link
	Jan. 20, 2010	Case Referred to ECF
	Jan. 20, 2010	Terminate Deadlines
1	Jan. 20, 2010	COMPLAINT - [Summons Issued] against United States Office of Personnel Management, [Filing Fee: $350.00, Receipt Number 34611041322]. Filed by Plaintiff Karen Golinski. (Attachments: #(1) Civil Cover Sheet). (tn, COURT STAFF) (Filed on 1/20/2010) (Entered: 01/20/2010) 1 Civil Cover Sheet View on PACER	RECAP
2	Jan. 20, 2010	SUMMONS Issued as to Defendant United States Office of Personnel Management.(tn, COURT STAFF) (Filed on 1/20/2010) (Entered: 01/20/2010)	RECAP
3	Jan. 20, 2010	ADR SCHEDULING ORDER: Joint Case Management Statement due 4/27/2010 & Initial Case Management Conference set for 5/4/2010 at 10:00 AM. (tn, COURT STAFF) (Filed on 1/20/2010) Modified on 1/21/2010 (jlm, COURT STAFF). (Entered: 01/20/2010)	RECAP
4	Jan. 20, 2010	Declination to Proceed Before a United States Magistrate Judge & Request for Reassignment to a United States District Court Judge Filed by Plaintiff Karen Golinski. (tn, COURT STAFF) (Filed on 1/20/2010) (Entered: 01/20/2010)	RECAP
5	Jan. 20, 2010	CLERK'S NOTICE of Impending Reassignment to a United States District Court Judge. (tn, COURT STAFF) (Filed on 1/20/2010) (Entered: 01/20/2010)	RECAP
6	Jan. 20, 2010	REASSIGNMENT ORDER. Case Reassigned to the Honorable Saundra Brown Armstrong for all further proceedings. Mag. Judge Elizabeth D. Laporte no longer assigned to the case. (tn, COURT STAFF) (Filed on 1/20/2010) (Entered: 01/20/2010)	RECAP
7	Jan. 22, 2010	NOTICE of Appearance of Attorney Steven Yale Bressler, filed by United States Office of Personnel Managment (Bressler, Steven) (Filed on 1/22/2010) Modified on 1/25/2010 (jlm, COURT STAFF). (Entered: 01/22/2010)	RECAP
8	Jan. 26, 2010	MOTION for Preliminary Injunction, filed by Karen Golinski. Motion Hearing set for 6/15/2010 01:00 PM in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Proposed Order)(McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). (Entered: 01/26/2010) 1 Proposed Order View on PACER	RECAP
9	Jan. 26, 2010	Declaration of Karen Golinski in Support of 8 Motion for Preliminary Injunction filed by Karen Golinski. (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)(Related document(s) 8 ) (McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). (Entered: 01/26/2010) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER	RECAP
10	Jan. 26, 2010	Declaration of James R. McGuire in Support of 8 Motion for Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Exhibit I, # 2 Exhibit J, # 3 Exhibit K, # 4 Exhibit L)(Related document(s) 8 ) (McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). (Entered: 01/26/2010) 1 Exhibit I View on PACER 2 Exhibit J View on PACER 3 Exhibit K View on PACER 4 Exhibit L View on PACER	RECAP
11	Jan. 26, 2010	Request for Judicial Notice re 8 Motion for Preliminary Injunction filed by Karen Golinski. (Related document(s) 8 ) (McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). (Entered: 01/26/2010)	RECAP
12	Jan. 26, 2010	CERTIFICATE OF SERVICE by Karen Golinski re 8 Motion for Preliminary Injunction 9 Declaration of Karen Golinski in Support 10 Declaration of James R. McGuire in Support 11 Request for Judicial Notice (Related document(s) 8, 9, 10, 11 ) (McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). (McGuire, James) (Filed on 1/26/2010) Modified on 1/27/2010 (jlm, COURT STAFF). (Entered: 01/26/2010)	RECAP
13	Jan. 27, 2010	Ex Parte MOTION for Order Shortening Time re 8 Motion for Preliminary Injunction filed by Karen Golinski. Motion Hearing set for 6/15/2010 01:00 PM in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Proposed Order)(McGuire, James) (Filed on 1/27/2010) Modified on 1/28/2010 (jlm, COURT STAFF). (Entered: 01/27/2010) 1 Proposed Order View on PACER	RECAP
14	Jan. 27, 2010	Declaration of James R. McGuire in Support of 13 Ex Parte Motion for Order Shortening Time re Motion for Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 13 ) (McGuire, James) (Filed on 1/27/2010) Modified on 1/28/2010 (jlm, COURT STAFF). (Entered: 01/27/2010) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	RECAP
15	Jan. 27, 2010	CERTIFICATE OF SERVICE by Karen Golinski re 14 Declaration James R. McGuire in Support, 13 Ex Parte Motion for Order Shortening Time on Hearing re Motion for Preliminary Injunction (McGuire, James) (Filed on 1/27/2010) Modified on 1/28/2010 (jlm, COURT STAFF). Modified on 3/9/2010 (jlm, COURT STAFF). (Entered: 01/27/2010)	RECAP
16	Jan. 28, 2010	CLERKS NOTICE Case Management Conference set for 4/28/2010 02:45 PM. VIA TELEPHONE. (lrc, COURT STAFF) (Filed on 1/28/2010) (Entered: 01/28/2010)	RECAP
17	Feb. 2, 2010	Memorandum in Opposition re 13 Ex Parte Motion for Order Shortening Time on Motion for Preliminary Injunction filed by United States Office of Personnel Management. (Bressler, Steven) (Filed on 2/2/2010) Modified on 2/3/2010 (jlm, COURT STAFF). (Entered: 02/02/2010)	RECAP
18	Feb. 2, 2010	Declaration of Steven Y. Bressler in Support of 17 Memorandum in Opposition, filed by United States Office of Personnel Management. (Related document(s) 17 ) (Bressler, Steven) (Filed on 2/2/2010) Modified on 2/3/2010 (jlm, COURT STAFF). (Entered: 02/02/2010)	RECAP
19	Feb. 2, 2010	Proposed Order re 13 Ex Parte Motion for Order Shortening Time re Motion for Preliminary Injunction filed, by United States Office of Personnel Management. (Bressler, Steven) (Filed on 2/2/2010) Modified on 2/3/2010 (jlm, COURT STAFF). (Entered: 02/02/2010)	RECAP
20	Feb. 3, 2010	Reply to Opposition re 13 Ex Parte Motion for Order Shortening Time for Notice and Hearing as to Motion for Preliminary Injunction filed by Karen Golinski. (McGuire, James) (Filed on 2/3/2010) Modified on 2/4/2010 (jlm, COURT STAFF). (Entered: 02/03/2010)	RECAP
21	Feb. 3, 2010	CERTIFICATE OF SERVICE by Karen Golinski re 20 Reply to Opposition, (McGuire, James) (Filed on 2/3/2010) Modified on 2/4/2010 (jlm, COURT STAFF). (Entered: 02/03/2010)	RECAP
22	Feb. 11, 2010	ORDER by Judge Saundra Brown Armstrong DENYING 13 Ex Parte Motion to Shorten Time for Notice and Hearing for Preliminary Injunction. Defendant is to respond to Plaintiff's Motion for Preliminary Injuncition on or before 03/09/10; Plaintiff may file reply by 03/09/10. (lrc, COURT STAFF) (Filed on 2/11/2010) Modified on 2/12/2010 (jlm, COURT STAFF). (Entered: 02/11/2010)	RECAP
23	March 1, 2010	MOTION for Leave to File Opposition Brief of 36 Pages, filed by United States Office of Personnel Management. (Attachments: # 1 Proposed Order)(Bressler, Steven) (Filed on 3/1/2010) Modified on 3/2/2010 (jlm, COURT STAFF). (Entered: 03/01/2010) 1 Proposed Order View on PACER	RECAP
24	March 1, 2010	Declaration of Steven Y. Bressler in Support of 23 Motion for Leave to File Opposition Brief of 36 Pages filed by United States Office of Personnel Management. (Related document(s) 23 ) (Bressler, Steven) (Filed on 3/1/2010) Modified on 3/2/2010 (jlm, COURT STAFF). (Entered: 03/01/2010)	RECAP
25	March 2, 2010	Memorandum in Opposition re 8 Motion for Preliminary Injunction filed by United States Office of Personnel Management. (Bressler, Steven) (Filed on 3/2/2010) Modified on 3/3/2010 (jlm, COURT STAFF). (Entered: 03/02/2010)	RECAP
26	March 2, 2010	Memorandum in Opposition re 23 Motion for Leave to File Opposition Brief of 36 Pages filed by Karen Golinski. (McGuire, James) (Filed on 3/2/2010) Modified on 3/3/2010 (jlm, COURT STAFF). (Entered: 03/02/2010)	RECAP
27	March 2, 2010	Declaration of James R. McGuire in Support of 26 Memorandum in Opposition to Defendants Administrative Motion for Leave to File an Opposition Brief of 36 Pages filed by Karen Golinski. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Related document(s) 26 ) (McGuire, James) (Filed on 3/2/2010) Modified on 3/3/2010 (jlm, COURT STAFF). (Entered: 03/02/2010) 1 Exhibit Exhibit A View on PACER 2 Exhibit Exhibit B View on PACER 3 Exhibit Exhibit C View on PACER	RECAP
28	March 2, 2010	Proposed Order re 23 Motion for Leave to File Opposition Brief of 36 Pages by Karen Golinski. (McGuire, James) (Filed on 3/2/2010) Modified on 3/3/2010 (jlm, COURT STAFF). (Entered: 03/02/2010)	RECAP
29	March 3, 2010	Reply Brief in support of 23 MOTION for Leave to File Opposition Brief of 36 Pages filed byUnited States Office of Personnel Management. (Bressler, Steven) (Filed on 3/3/2010) Modified on 3/4/2010 (kc, COURT STAFF). (Entered: 03/03/2010)	RECAP
30	March 8, 2010	AMENDED COMPLAINT against United States Office of Personnel Management, John Berry. Filed by Karen Golinski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(McGuire, James) (Filed on 3/8/2010) Modified on 3/9/2010 (jlm, COURT STAFF). (Entered: 03/08/2010) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Exhibit C View on RECAP 4 Exhibit D View on RECAP 5 Exhibit E View on RECAP	RECAP
31	March 9, 2010	ORDER by Judge Saundra Brown Armstrong DENYING 23 Motion for Leave to File Excess Pages to Opposition Brief. Defendant shall file a response to Plaintiff's Motion for Preliminary Injunction by 03/12/10. Plaintiff may file reply by 03/19/10. Defendant's 25 Opposition to Motion for Preliminary Injunction is STRICKEN from the record. (lrc, COURT STAFF) (Filed on 3/9/2010) Modified on 3/10/2010 (jlm, COURT STAFF). (Entered: 03/09/2010)	RECAP
32	March 9, 2010	*ERRONEOUS ENTRY, PLEASE REFER TO DOCUMENT 35 * CERTIFICATE OF SERVICE by Karen Golinski re 30 Amended Complaint (McGuire, James) (Filed on 3/9/2010) Modified on 3/10/2010 (jlm, COURT STAFF). Modified on 3/10/2010 (jlm, COURT STAFF). Modified on 3/15/2010 (jlm, COURT STAFF). (Entered: 03/09/2010)	RECAP
33	March 9, 2010	Summons Issued as to John Berry. (jlm, COURT STAFF) (Filed on 3/9/2010) (Entered: 03/10/2010)	RECAP
34	March 10, 2010	Amended MOTION for Preliminary Injunction, filed by Karen Golinski. Motion Hearing set for 6/15/2010 01:00 PM in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Proposed Order)(McGuire, James) (Filed on 3/10/2010) Modified on 3/11/2010 (jlm, COURT STAFF). (Entered: 03/10/2010) 1 Proposed Order View on PACER	RECAP
35	March 10, 2010	CERTIFICATE OF SERVICE by Karen Golinski re 30 Amended Complaint, (McGuire, James) (Filed on 3/10/2010) (Entered: 03/10/2010)	RECAP
36	March 10, 2010	CERTIFICATE OF SERVICE by Karen Golinski re 34 Amended Motion for Preliminary Injunction (McGuire, James) (Filed on 3/10/2010) Modified on 3/11/2010 (jlm, COURT STAFF). (Entered: 03/10/2010)	RECAP
37	March 12, 2010	Memorandum in Opposition re 34 Amended MOTION for Preliminary Injunction, 8 MOTION for Preliminary Injunction filed byJohn Berry, United States Office of Personnel Management. (Bressler, Steven) (Filed on 3/12/2010) (Entered: 03/12/2010)	RECAP
38	March 18, 2010	STIPULATION Extending Time for Defendant OPM to Respond to 30 Amended Complaint filed by John Berry, United States Office of Personnel Management. (Bressler, Steven) (Filed on 3/18/2010) Modified on 3/19/2010 (jlm, COURT STAFF). (Entered: 03/18/2010)	RECAP
39	March 19, 2010	Reply Memorandum re 34 Amended Motion for Preliminary Injunction filed by Karen Golinski. (McGuire, James) (Filed on 3/19/2010) Modified on 3/22/2010 (jlm, COURT STAFF). (Entered: 03/19/2010)	RECAP
40	March 19, 2010	Request for Judicial Notice re 39 Reply Memorandum filed by Karen Golinski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Related document(s) 39 ) (McGuire, James) (Filed on 3/19/2010) Modified on 3/22/2010 (jlm, COURT STAFF). (Entered: 03/19/2010) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	RECAP
41	March 19, 2010	Declaration of James R. McGuire in Support of 39 Reply Memorandum filed by Karen Golinski. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H)(Related document(s) 39 ) (McGuire, James) (Filed on 3/19/2010) Modified on 3/22/2010 (jlm, COURT STAFF). (Entered: 03/19/2010) 1 Exhibit E View on PACER 2 Exhibit F View on PACER 3 Exhibit G View on PACER 4 Exhibit H View on PACER	RECAP
42	April 7, 2010	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options, filed by Karen Golinski (Lin, Rita) (Filed on 4/7/2010) Modified on 4/8/2010 (jlm, COURT STAFF). (Entered: 04/07/2010)	RECAP
43	April 7, 2010	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d), filed by Karen Golinski (Lin, Rita) (Filed on 4/7/2010) Modified on 4/8/2010 (jlm, COURT STAFF). (Entered: 04/07/2010)	RECAP
44	April 9, 2010	*ERRONEOUS ENTRY, PLEASE REFER TO DOCUMENT 45 * Certificate of Interested Entities by Karen Golinski (Lin, Rita) (Filed on 4/9/2010) Modified on 4/13/2010 (jlm, COURT STAFF). (Entered: 04/09/2010)	RECAP
45	April 12, 2010	Certificate of Interested Entities by Karen Golinski identifying Other Affiliate Amy Cunninghis for Karen Golinski. (Lin, Rita) (Filed on 4/12/2010) (Entered: 04/12/2010)	RECAP
46	April 13, 2010	ADR Clerks Notice Setting ADR Phone Conference on 4/26/10 at 2:30 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (sgd, COURT STAFF) (Filed on 4/13/2010) (Entered: 04/13/2010)	RECAP
47	April 15, 2010	CLERKS NOTICE Case Management Conference set for 6/15/2010 01:00 PM in Courtroom 1, 4th Floor, Oakland. (lrc, COURT STAFF) (Filed on 4/15/2010) (Entered: 04/15/2010)	RECAP
48	May 5, 2010	NOTICE of Substitution of Counsel and Appearance for Christopher R Hall, filed by John Berry, United States Office of Personnel Management (Hall, Christopher) (Filed on 5/5/2010) Modified on 5/6/2010 (jlm, COURT STAFF). (Entered: 05/05/2010)	RECAP
49	May 10, 2010	MOTION to Dismiss with Memorandum in Support, filed by John Berry, United States Office of Personnel Management. Motion Hearing set for 9/14/2010 01:00 PM in Courtroom 1, 4th Floor, Oakland. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Hall, Christopher) (Filed on 5/10/2010) Modified on 5/11/2010 (jlm, COURT STAFF). (Entered: 05/10/2010) 1 Memorandum in Support View on RECAP 2 Proposed Order View on PACER	RECAP
	May 14, 2010	ADR Phone Conference held
50	June 4, 2010	JOINT CASE MANAGEMENT STATEMENT filed by Karen Golinski, John Berry, United States Office of Personnel Management. (Lin, Rita) (Filed on 6/4/2010) Modified on 6/8/2010 (jlm, COURT STAFF). (Entered: 06/04/2010)	RECAP
	June 15, 2010	Terminate Deadlines
51	July 6, 2010	NOTICE of Withdrawal of Grace Y. Park as Counsel, filed by Karen Golinski (Park, Grace) (Filed on 7/6/2010) Modified on 7/7/2010 (jlm, COURT STAFF). (Entered: 07/06/2010)	RECAP
52	July 9, 2010	Administrative Motion to File Under Seal Supplemental Declaration In Support Of Motion For Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Proposed Order)(Lin, Rita) (Filed on 7/9/2010) (Entered: 07/09/2010) 1 Proposed Order View on PACER	RECAP
53	July 9, 2010	Declaration of Rita F. Lin in Support of 52 Administrative Motion to File Under Seal Supplemental Declaration In Support Of Motion For Preliminary Injunction filed byKaren Golinski. (Related document(s) 52 ) (Lin, Rita) (Filed on 7/9/2010) (Entered: 07/09/2010)	RECAP
54	July 12, 2010	EXHIBITS re 52 Administrative Motion to File Under Seal Supplemental Declaration In Support Of Motion For Preliminary Injunction filed byKaren Golinski. (Related document(s) 52 ) (Lin, Rita) (Filed on 7/12/2010) (Entered: 07/12/2010)	RECAP
55	July 12, 2010	NOTICE by John Berry, United States Office of Personnel Management re 53 Declaration in Support Defendants' Certification of Position under Paragraph 5 of the Standing Order of This Court in Response to Declaration of Rita F. Lin (Hall, Christopher) (Filed on 7/12/2010) (Entered: 07/12/2010)	RECAP
56	July 23, 2010	ORDER by Judge Saundra Brown Armstrong GRANTING 52 Administrative Motion to File Under Seal Plaintiff's Supplemental Declaration in Support of Motion for Preliminary Injunction. Signed by Judge Saundra Brown Armstrong, on 07/22/10 (lrc, COURT STAFF) (Filed on 7/23/2010) Modified on 7/26/2010 (jlm, COURT STAFF). (Entered: 07/23/2010)	RECAP
57	July 23, 2010	DOCUMENT E-FILED UNDER SEAL re 56 Order on Administrative Motion to File Under Seal Supplemental Declaration Of Plaintiff Karen Golinski In Support Of Motion For Preliminary Injunction by Karen Golinski. (Lin, Rita) (Filed on 7/23/2010) (Entered: 07/23/2010)	RECAP
58	July 26, 2010	Statement of Recent Decision re 8 Motion for Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Exhibit A)(Lin, Rita) (Filed on 7/26/2010) Modified on 7/27/2010 (jlm, COURT STAFF). (Entered: 07/26/2010) 1 Exhibit A View on PACER	RECAP
59	Aug. 3, 2010	STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d In Support Of Her Motion For Preliminary Injunction filed byKaren Golinski. (Attachments: # 1 Exhibit A)(Related document(s) 8 ) (Lin, Rita) (Filed on 8/3/2010) (Entered: 08/03/2010) 1 Exhibit A View on PACER	RECAP
60	Aug. 16, 2010	STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d In Support Of 8 Motion For Preliminary Injunction filed by Karen Golinski. (Attachments: # 1 Exhibit A)(Related document(s) 8 ) (Lin, Rita) (Filed on 8/16/2010) Modified on 8/17/2010 (kc, COURT STAFF). (Entered: 08/16/2010) 1 Exhibit A View on PACER	RECAP
61	Aug. 24, 2010	MEMORANDUM in Opposition re 49 Motion to Dismiss Amended Complaint filed by Karen Golinski. (Lin, Rita) (Filed on 8/24/2010) Modified on 8/25/2010 (jlm, COURT STAFF). (Entered: 08/24/2010)	RECAP
62	Aug. 25, 2010	CLERKS NOTICE Continuing Motion Hearing to 10/26/2010 at 01:00 PM in Courtroom 1, 4th Floor, Oakland. (lrc, COURT STAFF) (Filed on 8/25/2010) Modified on 8/26/2010 (jlm, COURT STAFF). (Entered: 08/25/2010)	RECAP
63	Sept. 20, 2010	ORDER by Chief Judge Vaughn R. Walker on 9/20/10 that due to the unavailability of Judge Saundra Brown Armstrong, the Executive Committee directs the clerk to re-assign this action. (gba, COURT STAFF) (Filed on 9/20/2010) (Entered: 09/20/2010)	RECAP
64	Sept. 20, 2010	ORDER REASSIGNING CASE. Case reassigned to Hon. Susan Illston for all further proceedings. Hon. Saundra Brown Armstrong no longer assigned to the case. Signed by Executive Committee on 9/20/10. (ha, COURT STAFF) (Filed on 9/20/2010) (Entered: 09/20/2010)	RECAP
65	Sept. 22, 2010	ERRONEOUSLY E-FILED NOTICE by Karen Golinski Of Motion For Preliminary Injunction (Lin, Rita) (Filed on 9/22/2010) Modified on 9/23/2010 (aaa, COURT STAFF). (Entered: 09/22/2010)	RECAP
66	Sept. 22, 2010	ORDER OF RECUSAL (tf, COURT STAFF) (Filed on 9/22/2010) (Entered: 09/22/2010)	RECAP
67	Sept. 22, 2010	ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Charles R. Breyer for all further proceedings. Judge Hon. Susan Illston no longer assigned to the case. Signed by Executive Committee on 9/22/10. (mab, COURT STAFF) (Filed on 9/22/2010) (Entered: 09/22/2010)	RECAP
68	Sept. 22, 2010	ERRONEOUSLY E-FILED: COUNSEL TO E-FILE ATTACHMENT AS A MOTION NOTICE by Karen Golinski Amended Notice Of Motion For Preliminary Injunction (McGuire, James) (Filed on 9/22/2010) Modified on 9/23/2010 (aaa, COURT STAFF). (Entered: 09/22/2010)	RECAP
69	Sept. 23, 2010	MOTION for Preliminary Injunction Notice of Motion filed by Karen Golinski. Motion Hearing set for 10/29/2010 10:00 AM in Courtroom 8, 19th Floor, San Francisco. (McGuire, James) (Filed on 9/23/2010) (Entered: 09/23/2010)	RECAP
70	Sept. 28, 2010	NOTICE by Karen Golinski That Matter Remains Under Submission (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lin, Rita) (Filed on 9/28/2010) (Entered: 09/28/2010) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER	RECAP
71	Sept. 28, 2010	ORDER OF RECUSAL. Signed by Judge Charles R. Breyer on 9/28/2010. (crblc1, COURT STAFF) (Filed on 9/28/2010) (Entered: 09/28/2010)	RECAP
72	Sept. 28, 2010	ORDER REASSIGNING CASE. Case reassigned to Hon. Jeffrey S. White for all further proceedings. Hon. Charles R. Breyer no longer assigned to the case. Signed by Executive Committee on 9/28/10. (ha, COURT STAFF) (Filed on 9/28/2010) (Entered: 09/28/2010)	RECAP
	Sept. 29, 2010	Set Motion and Deadlines/Hearings
73	Sept. 29, 2010	ORDER re 70 Notice of Matter Under Submission, Setting Hearing and Briefing Schedule on Pending Motions. Signed by Judge Jeffrey S. White on September 29, 2010. (jswlc2, COURT STAFF) (Filed on 9/29/2010) (Entered: 09/29/2010)	RECAP
74	Oct. 4, 2010	INITIAL SCHEDULING CONFERENCE ORDER: Case Management Conference set for 12/17/2010 01:30 PM in Courtroom 11, 19th Floor, San Francisco. Case Management Statement due by 12/10/2010.. Signed by Judge Jeffrey S. White on 10/4/10. (jjoS, COURT STAFF) (Filed on 10/4/2010) (Entered: 10/04/2010)	RECAP
75	Oct. 6, 2010	REPLY to Response to Motion 49 to Dismiss Plaintiff's First Amended Complaint filed byJohn Berry, United States Office of Personnel Management. (Hall, Christopher) (Filed on 10/6/2010) Modified on 10/7/2010 (hdj, COURT STAFF). (Entered: 10/06/2010)	RECAP
	Oct. 15, 2010	Set Motion and Deadlines/Hearings
76	Oct. 15, 2010	ORDER Requiring Further Briefing and Continuing Hearing on Pending Motions. Signed by Judge Jeffrey S. White on October 15, 2010. (jswlc2, COURT STAFF) (Filed on 10/15/2010) (Entered: 10/15/2010)	RECAP
77	Oct. 15, 2010	NOTICE by Karen Golinski Request For Alteration Of Briefing Schedule And Hearing Date (McGuire, James) (Filed on 10/15/2010) (Entered: 10/15/2010)	RECAP
78	Oct. 18, 2010	Proposed Order re 77 Notice (Other) For Alteration Of Briefing Schedule And Hearing Date by Karen Golinski. (McGuire, James) (Filed on 10/18/2010) (Entered: 10/18/2010)	RECAP
79	Oct. 21, 2010	Statement re 78 Proposed Order, 77 Notice (Other) Statement of Nonopposition to Plaintiff's Request for Alteration of Briefing Schedule and Hearing Date by John Berry, United States Office of Personnel Management. (Hall, Christopher) (Filed on 10/21/2010) (Entered: 10/21/2010)	RECAP
80	Oct. 22, 2010	ORDER GRANTING REQUEST FOR ALTERATION OF BRIEFING SCHEDULE AND HEARING DATE AND SETTING CASE MANAGEMENT TO FOLLOWING HEARING : Motion Hearing set for 12/17/2010 10:00 AM in Courtroom 11, 19th Floor, San Francisco. Case Management Statement due by 12/10/2010. Initial Case Management Conference set for 12/17/2010 10:00 AM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 10/22/10. (jjoS, COURT STAFF) (Filed on 10/22/2010) (Entered: 10/22/2010)	RECAP
81	Nov. 8, 2010	Brief re 76 Order Supplemental Brief Pursuant To October 15 Order filed byKaren Golinski. (Related document(s) 76 ) (Lin, Rita) (Filed on 11/8/2010) (Entered: 11/08/2010)	RECAP
82	Nov. 8, 2010	Request for Judicial Notice re 81 Brief In Support Of Plaintiff Karen Golinski's Supplemental Brief Pursuant To October 15 Order filed byKaren Golinski. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Related document(s) 81 ) (Lin, Rita) (Filed on 11/8/2010) (Entered: 11/08/2010) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER	RECAP
83	Nov. 19, 2010	Brief re 76 Order Defendants' Supplemental Brief in Response to Court's Order of October 15, 2010 filed byJohn Berry, United States Office of Personnel Management. (Related document(s) 76 ) (Hall, Christopher) (Filed on 11/19/2010) (Entered: 11/19/2010)	RECAP
84	Nov. 29, 2010	Brief re 81 Brief Reply In Support Of Supplemental Brief Pursuant To The October 15 Order filed byKaren Golinski. (Related document(s) 81 ) (Lin, Rita) (Filed on 11/29/2010) (Entered: 11/29/2010)	RECAP
85	Dec. 10, 2010	JOINT CASE MANAGEMENT STATEMENT filed by Karen Golinski. (Lin, Rita) (Filed on 12/10/2010) (Entered: 12/10/2010)	RECAP
86	Dec. 16, 2010	NOTICE OF QUESTIONS FOR HEARING. Signed by Judge Jeffrey S. White on December 16, 2010. (jswlc2, COURT STAFF) (Filed on 12/16/2010) (Entered: 12/16/2010)	RECAP
	Dec. 17, 2010	Terminate Deadlines
87	Dec. 17, 2010	Minute Entry: Motion Hearing held on 12/17/2010 before Judge Jeffrey S. White (Date Filed: 12/17/2010). (Court Reporter Lydia Zinn.) (jjoS, COURT STAFF) (Date Filed: 12/17/2010) (Entered: 12/17/2010)	RECAP
88	Dec. 17, 2010	NOTICE by Karen Golinski re 86 Order Of Further Authority Pursuant To December 16 Order (Lin, Rita) (Filed on 12/17/2010) (Entered: 12/17/2010)	RECAP
89	Dec. 30, 2010	Transcript of Proceedings held on 12/17/2010, before Judge Jeffrey S. White. Court Reporter/Transcriber Lydia Zinn, Telephone number (415) 531-6587. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerks Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction.After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. Release of Transcript Restriction set for 3/30/2011. (Zinn, Lydia) (Filed on 12/30/2010) (Entered: 12/30/2010)	RECAP
90	Jan. 25, 2011	MOTION for Leave to File Notice Of Supplemental Authority Pursuant To Local Rule 7-3(d) filed by Karen Golinski. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Lin, Rita) (Filed on 1/25/2011) (Entered: 01/25/2011) 1 Exhibit A View on PACER 2 Proposed Order View on PACER	RECAP
91	Jan. 25, 2011	ORDER by Judge Jeffrey S. White granting 90 Motion for Leave to File Notice of Supplemental Authority (jjoS, COURT STAFF) (Filed on 1/25/2011) (Entered: 01/25/2011)	RECAP
92	Jan. 25, 2011	NOTICE of Supplemental Authority filed by Karen Golinski per Order 91 (hdj, COURT STAFF) (Filed on 1/25/2011) (Entered: 01/26/2011)	RECAP
93	Feb. 23, 2011	MOTION for Leave to File Plaintiff's Administrative Motion for Leave to File Notice of Supplemental Authority Pursuant to Local Rule 7-3(D) filed by Karen Golinski. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Dresser, Gregory) (Filed on 2/23/2011) (Entered: 02/23/2011) 1 Exhibit A View on PACER 2 Proposed Order View on PACER	RECAP

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Case Details

State / Territory:

California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Same-Sex Marriage

Key Dates

Filing Date: Jan. 20, 2010

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

an employee of the federal judiciary married to her same-sex partner under California law

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Office of Personnel Management

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Other Dockets:

Northern District of California 3:10-cv-00257

Supreme Court of the United States 12-16

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General/Misc.:

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination Basis:

Sexual orientation

LGBTQ+:

LGBTQ+

Recommended Citation

Case Summary of Golinski v. U.S. Office of Personnel Management, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/12064/ (last updated 2/7/2015).