Case3:10-cv-00257-JSW Document13 Filed01/27/10 Page1 of 3

1 JAMES R. McGUIRE (CA SBN 189275)

JMcGuire@mofo.com
2 GREGORY P. DRESSER (CA SBN 136532)
GDresser@mofo.com
3 RITA F. LIN (CA SBN 236220)
RLin@mofo.com
4 GRACE Y. PARK (CA SBN 239928)
GracePark@mofo.com
5 MORRISON & FOERSTER LLP
425 Market Street
6 San Francisco, California 94105-2482
Telephone: 415.268.7000
7 Facsimile: 415.268.7522
8 JENNIFER C. PIZER (CA SBN 152327)
JPizer@lambdalegal.org
9 LAMBDA LEGAL, Western Regional Office
3325 Wilshire Boulevard, Suite 1300
10 Los Angeles, CA 90010-1729
Telephone: 213.382.7600
11 Facsimile: 213.351.6050
12 Attorneys for Plaintiff
KAREN GOLINSKI
13

14 UNITED STATES DISTRICT COURT

15 NORTHERN DISTRICT OF CALIFORNIA

16

17 KAREN GOLINSKI, Case No. 4:10-cv-00257 (SBA)

18 Plaintiff, PLAINTIFF KAREN

GOLINSKI’S EX PARTE
19 v. APPLICATION FOR ORDER
SHORTENING TIME FOR
20 UNITED STATES OFFICE OF PERSONNEL NOTICE AND HEARING
MANAGEMENT, MOTION FOR PRELIMINARY
21 INJUNCTION (FED. R. CIV. P.
Defendant. 6(c)(1)(C))
22
Date: June 15, 2010
23 Time: 1:00 p.m.
Place: Courtroom 1, 4th Floor
24 United States Courthouse
1301 Clay Street
25 Oakland, California 94612

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EX PARTE APP. FOR ORDER SHORTENING TIME FOR NOTICE & HEARING MOT. FOR PRELIM. INJUNCTION
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 Case3:10-cv-00257-JSW Document13 Filed01/27/10 Page2 of 3

1 Plaintiff Karen Golinski hereby applies for an order shortening time for notice and hearing
2 of her motion for preliminary injunction, which was filed on January 26, 2010. If the time for
3 notice and hearing is not advanced for good cause as set forth below, Ms. Golinski’s motion is set
4 to be heard on June 15, 2010, or as soon thereafter as may be scheduled by the Court.
5 (Declaration of James R. McGuire in Support of Application for Order Shortening Time
6 (“McGuire Decl.”), ¶ 2.)
7 Ms. Golinski’s complaint, filed on January 20, 2010, alleges a single claim for relief in the
8 form of mandamus under 28 U.S.C. § 1361. (Id. ¶ 3.) Ms. Golinski seeks to preliminarily and
9 permanently enjoin defendant United States Office of Personnel Management (“OPM”) from
10 violating Orders duly issued by the Chief Judge of the United States Court of Appeals for the
11 Ninth Circuit. (Id.) The Chief Judge, in a November 19, 2009 Order in In the Matter of Karen
12 Golinski et ux., 587 F.3d 956, 958 (9th Cir. 2009), directed OPM to rescind its directive to
13 Ms. Golinski’s insurance carrier and to refrain from any further interference with Ms. Golinski’s
14 enrollment of her spouse in her family health care plan. (Id.) OPM has not complied with those
15 Orders. (Id.) OPM, further, did not appeal those Orders, which are now final and preclusive as to
16 OPM. (Id.)
17 A hearing before this Court on shortened time is necessary because the Chief Judge
18 held — more than a year ago — that Ms. Golinski suffers from ongoing discrimination on
19 account of her sex and sexual orientation. (Id. ¶ 4.) See, e.g., In the Matter of Karen Golinski,
20 587 F.3d 901 (9th Cir. 2009); Golinski, 587 F.3d 956. Her inability to enroll her spouse in her
21 family health insurance plan, the Chief Judge further ruled, has caused, and continues to cause,
22 irreparable harm that cannot be compensated with monetary damages. (McGuire Decl. ¶ 4.)
23 Golinski, 587 F.3d at 902; Golinski, 587 F.3d at 960. Despite the Chief Judge’s prior Orders,
24 OPM has refused, and continues to refuse, to comply with the Chief Judge’s Orders, and the
25 deadline for OPM to appeal those prior Orders has also passed. (McGuire Decl. ¶ 4.)
26 Ms. Golinski will continue to face irreparable harm until the Court hears her motion,
27 which seeks to enjoin OPM from violating the Chief Judge’s Orders. More specifically,
28 Ms. Golinski continues to suffer, on a daily basis, unlawful discrimination in the terms of her
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EX PARTE APP. FOR ORDER SHORTENING TIME FOR NOTICE & HEARING MOT. FOR PRELIM. INJUNCTION
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 Case3:10-cv-00257-JSW Document13 Filed01/27/10 Page3 of 3

1 employment. That discrimination cannot be remedied by an award of damages, as OPM will

2 likely assert, because money cannot quantify the emotional harm and loss of dignity that
3 discrimination visits upon its victims and, even if it could, there is no comparable health
4 insurance plan available on the open market. The best individual health insurance policy Ms.
5 Golinski’s family has been able to purchase for her spouse has limited coverage for prescription
6 drugs and other limitations not contained in Ms. Golinski’s family health insurance plan. This
7 means Ms. Golinski’s family lives daily with the risk and related anxiety that her spouse will
8 become ill or suffer an injury for which necessary treatment will not be fully insured or which
9 will incur devastating costs. Ms. Golinski therefore requests that the Court shorten the time for
10 noticing and hearing her motion well in advance of the next available date before the Court,
11 which is June 15, 2010.
12 For the foregoing reasons, Ms. Golinski respectfully requests the Court to set the
13 following briefing and hearing schedule, which is also set forth in the accompanying proposed
14 order:
15 Hearing February 23, 2010 at 1:00 p.m.
16 Reply February 16, 2010
17 Opposition February 9, 2010
18

19 Dated: January 27, 2010 MORRISON & FOERSTER LLP

20 LAMBDA LEGAL
21

22 By: /s/ James R. McGuire

JAMES R. McGUIRE
23
Attorneys for Plaintiff
24 KAREN GOLINSKI
25

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1 JAMES R. McGUIRE (CA SBN 189275)

JMcGuire@mofo.com
2 GREGORY P. DRESSER (CA SBN 136532)
GDresser@mofo.com
3 RITA F. LIN (CA SBN 236220)
RLin@mofo.com
4 GRACE Y. PARK (CA SBN 239928)
GracePark@mofo.com
5 MORRISON & FOERSTER LLP
425 Market Street
6 San Francisco, California 94105-2482
Telephone: 415.268.7000
7 Facsimile: 415.268.7522
8 JENNIFER C. PIZER (CA SBN 152327)
JPizer@lambdalegal.org
9 LAMBDA LEGAL, Western Regional Office
3325 Wilshire Boulevard, Suite 1300
10 Los Angeles, CA 90010-1729
Telephone: 213.382.7600
11 Facsimile: 213.351.6050
12 Attorneys for Plaintiff
KAREN GOLINSKI
13

14 UNITED STATES DISTRICT COURT

15 NORTHERN DISTRICT OF CALIFORNIA

16

17 KAREN GOLINSKI, Case No. 4:10-cv-00257 (SBA)

18 Plaintiff, [PROPOSED] ORDER

SHORTENING TIME FOR
19 v. NOTICE AND HEARING
MOTION FOR PRELIMINARY
20 UNITED STATES OFFICE OF PERSONNEL INJUNCTION (FED. R. CIV. P.
MANAGEMENT, 6(c)(1)(C))
21
Defendant. Date: June 15, 2010
22 Time: 1:00 p.m.
Place: Courtroom 1, 4th Floor
23 United States Courthouse
1301 Clay Street
24 Oakland, California 94612

25

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27

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1 The Court, having reviewed and considered Plaintiff Karen Golinski’s ex parte
2 application for an order shortening time and supporting documents, and for good cause appearing:
3 The hearing on the motion for preliminary injunction, currently set for June 15, 2010 at
4 1:00 p.m., or as soon thereafter as may be scheduled by the Court, shall take place on February
5 23, 2010 at 1:00 p.m., in the courtroom of the Honorable Saundra B. Armstrong, located at 1301
6 Clay Street, Oakland, CA 94612. Any reply to the motion for preliminary injunction shall be
7 filed no later than February 16, 2010. Any opposition to the motion for preliminary injunction
8 shall be filed no later than February 9, 2010.
9

10 IT IS SO ORDERED.

11 Dated: _____________, 2010.

12
The Honorable Saundra B. Armstrong
13 United States District Judge

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