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DRAGOVICH v. U.S. DEPARTMENT OF THE TREASURY

No. 10-01564 CW.

764 F.Supp.2d 1178 (2011)

Michael DRAGOVICH; Michael Gaitley; Elizabeth Litteral; Patricia Fitzsimmons; Carolyn Light; and Cheryl Light; on behalf of themselves and all others similarly situated, Plaintiffs, v. UNITED STATES DEPARTMENT OF THE TREASURY; Timothy Geithner, in his official capacity as Secretary of the Treasury, United States Department of the Treasury; Internal Revenue Service; Douglas Shulman, in his official capacity as Commissioner of the Internal Revenue Service; Board of Administration of California Public Employees' Retirement System; and Anne Stausboll, in her official capacity as Chief Executive Officer, Cal-PERS, Defendants.

United States District Court, N.D. California.

January 18, 2011.

Attorney(s) appearing for the Case

Claudia Center, Elizabeth Kristen, Shelley Ann Gregory, The Legal Aid Society-Employment Law Center, Daniel Simon Mason, Attorney at Law, Lori Rifkin, Rosen, Bien & Galvan, LLP, Patrick Bradford Clayton, Zelle Hofmann Voelbel Mason & Gette, San Francisco, CA, for Plaintiffs.

Jean Lin, U.S. Department of Justice, Washington, DC, Edward George Gregory, Jennifer Lynn Morrow, Steptoe & Johnson LLP, Los Angeles, CA, for Defendants.

ORDER DENYING FEDERAL DEFENDANTS' MOTION TO DISMISS (Docket No. 25)

CLAUDIA WILKEN, District Judge.

Plaintiffs bring a constitutional challenge to section three of the Defense of Marriage Act (DOMA), 1 U.S.C. § 7, and section 7702B(f) of the Internal Revenue Code (I.R.C.), 26 U.S.C. § 7702B(f), which interfere with their ability to participate in a state-maintained plan providing long-term care insurance. Long-term care insurance provides coverage...

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