Case 2:11-cv-00045-CDJ Document 140 Filed 07/08/13 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

COZEN OCONNOR, P.C., Plaintiff, v. JENNIFER J. TOBITS, et al., Defendants.

) ) ) ) ) ) ) ) ) ) )

No. 2:11-cv-00045 Judge: C. Darnell Jones, II

UNOPPOSED MOTION OF THE BIPARTISAN LEGAL ADVISORY GROUP OF THE U.S. HOUSE OF REPRESENTATIVES TO WITHDRAW AS INTERVENORDEFENDANT The Bipartisan Legal Advisory Group of the U.S. House of Representatives (the House) sought, and was granted, leave to intervene in this case for the purpose of defending the constitutionality of Section 3 of the Defense of Marriage Act (DOMA), Pub. L. No. 104199, 110 Stat. 2419 (1996), codified at 1 U.S.C. 7. See Mot. [for Leave to Intervene] (Nov. 4, 2011) (ECF No. 58); Mem. and Order [Granting Mot. to Intervene] (Dec. 16, 2011) (ECF No. 82). The Supreme Court recently resolved the issue of DOMA Section 3s constitutionality. See United States v. Windsor, 570 U.S. __ (2013), 2013 WL 3196928 (U.S. June 26, 2013). Accordingly, the House no longer has a role to play in this litigation and now seeks to withdraw as a party defendant. A proposed Order is submitted herewith, and oral argument is not requested.

Case 2:11-cv-00045-CDJ Document 140 Filed 07/08/13 Page 2 of 4

LOCAL RULE 7.1(B) CERTIFICATE On July 3, 2013, counsel for the House conferred with Robert H. Fiebach, counsel for plaintiff Cozen OConnor P.C., who advised that his client does not oppose the Houses motion to withdraw. On July 3, 2013, counsel for the House conferred with Jean Lin, Senior Trial Counsel, Civil Division, Department of Justice, counsel for the executive branch defendants, who advised that her clients also do not oppose the Houses motion to withdraw. On July 3, 2013 counsel for the House conferred with Peter C. Breen, counsel for defendants David and Joan Farley, who advised that his clients also do not oppose the Houses motion to withdraw. On July 8, 2013, counsel for the House conferred with Chris Stoll, counsel for defendant Jennifer Tobits, who advised that his client also does not oppose the Houses motion to withdraw. Respectfully submitted, Paul D. Clement, Esq. /s/ H. Christopher Bartolomucci H. Christopher Bartolomucci, Esq. BANCROFT PLLC 1 1919 M Street, N.W., Suite 470 Washington, D.C. 20036 (202) 234-0090 (phone) (202) 234-2806 (fax) cbartolomucci@bancroftpllc.com Counsel for Intervenor Defendant the Bipartisan Legal Advisory Group of the U.S. House of Representatives

Kerry W. Kircher, as the ECF filer of this document, attests that concurrence in the filing of the document has been obtained from signatory H. Christopher Bartolomucci.

Case 2:11-cv-00045-CDJ Document 140 Filed 07/08/13 Page 3 of 4

Of Counsel Kerry W. Kircher, General Counsel William Pittard, Deputy General Counsel Christine Davenport, Senior Assistant Counsel Todd B. Tatelman, Assistant Counsel Mary Beth Walker, Assistant Counsel Eleni M. Roumel, Assistant Counsel OFFICE OF GENERAL COUNSEL U.S. HOUSE OF REPRESENTATIVES 219 Cannon House Office Building Washington, D.C. 20515 (202) 225-9700 (phone) (202) 226-1360 (fax) July 8, 2013

Case 2:11-cv-00045-CDJ Document 140 Filed 07/08/13 Page 4 of 4

CERTIFICATE OF SERVICE I hereby certify that on July 8, 2013, I electronically filed the foregoing Notice of Motion and Unopposed Motion of the Bipartisan Legal Advisory Group of the U.S. House of Representatives to Withdraw as Intervenor-Defendant with the Clerk of the Court for the U.S. District Court for Eastern District of Pennsylvania using the CM/ECF system. I further certify that all parties in this case are registered CM/ECF users and will be served by the CM/ECF system.

/s/ Kerry W. Kircher Kerry W. Kircher

Case 2:11-cv-00045-CDJ Document 140-1 Filed 07/08/13 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ ) ) ) Plaintiff, ) ) v. ) ) JENNIFER J. TOBITS, et al., ) ) Defendants. ) __________________________________________) COZEN OCONNOR, P.C.,

No. 2:11-cv-00045 Judge: C. Darnell Jones, II

[PROPOSED] ORDER UPON CONSIDERATION OF the Unopposed Motion of the Bipartisan Legal Advisory Group of the U.S. House of Representatives to Withdraw as Intervenor-Defendant (Motion), and the entire record herein, it is by the Court this ____ day of _________, 2013, ORDERED That the Motion is GRANTED.

C. DARNELL JONES, II UNITED STATES DISTRICT JUDGE