Case3:10-cv-00257-JSW Document55 Filed07/12/10 Page1 of 3

1 MICHAEL F. HERTZ
Deputy Assistant Attorney General
2 JOSEPH P. RUSSONIELLO
United States Attorney
3 SUSAN K. RUDY
Assistant Branch Director
4 CHRISTOPHER R. HALL
Trial Attorney
5 United States Department of Justice
Civil Division, Federal Programs Branch
6
P.O. Box 883
7 Washington, D.C. 20044
Telephone: (202) 514-4778
8 Facsimile: (202) 616-8470
Email: Christopher.Hall@usdoj.gov
9
Attorneys for Defendant
10 the U.S. Office of Personnel Management
11 UNITED STATES DISTRICT COURT
12 NORTHERN DISTRICT OF CALIFORNIA
13 OAKLAND DIVISION
14 KAREN GOLINSKI )
) No. C 4:10-00257-SBA
15 Plaintiff, )
)
16 v. ) DEFENDANTS’ CERTIFICATION
) OF POSITION UNDER ¶ 5 OF THE
17 THE UNITED STATES OFFICE OF ) STANDING ORDER OF THIS COURT
PERSONNEL MANAGEMENT, ) IN RESPONSE TO DECLARATION OF
18 ) RITA F. LIN [DOCKET NO. 53]
Defendant. )
19 )
____________________________________ )
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21 Defendants submit this certification of their position under ¶ 5 of the Court’s Standing
22 Order (Rev. April 2, 2010) in response to the Declaration of Rita F. Lin (“Lin Declaration”)
23 [Docket No. 53] filed on Friday, June 9, 2010, in support of Plaintiff’s Motion for Leave to File
24 Supplemental Declaration in Support of Motion for Preliminary Injunction and to File Such
25 Declaration Under Seal [Docket No. 52].
26 In ¶ 4 of the Lin Declaration, Plaintiff inaccurately stated Defendants’ position as to her
27 motion to seal portions of the proposed supplemental declaration. Undersigned counsel did not
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Defendants’ Certification of Position under ¶ 5 of the Standing Order
of this Court in Response to Declaration of Rita F. Lin [Docket No. 53]
4:10cv257-SBA
 Case3:10-cv-00257-JSW Document55 Filed07/12/10 Page2 of 3

1 state that Defendants would oppose such a motion or that Defendants would be required to do so
2 by 28 C.F.R. § 50.9, as asserted by Plaintiff.1 To the contrary, undersigned counsel represented
3 that Defendants would take no position at this time, but would reserve the right to oppose such
4 motion if warranted upon review of the proposed declaration. At the time counsel conferred by
5 telephone regarding Plaintiff’s motion for leave to file a supplemental declaration, Plaintiff had
6 not provided a copy of the proposed declaration to Defendants, despite Defendants’ request that
7 she do so. She did not do so until after the close of business on Friday, July 9, almost five hours
8 after the filing of her motion and the supporting Lin Declaration.
9 Having received a copy of Plaintiff’s proposed declaration after the filing of her motion
10 for leave, Defendants have taken Plaintiff’s motion under advisement to allow for sufficient time
11 to review the proposed declaration. If warranted, Defendants will respond to Plaintiff’s motion
12 for leave to file a supplemental declaration, and to file such a declaration under seal, within the
13 period provided under the Local Civil Rules and the procedures of this Court.
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Department of Justice policy as to the closure of judicial proceedings or portions thereof is
27 governed by 28 C.F.R. § 50.09. Paragraph 4 of the Lin Declaration miscited that provision as
12 C.F.R. § 50.9.
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Defendants’ Certification of Position under ¶ 5 of the Standing Order
of this Court in Response to Declaration of Rita F. Lin [Docket No. 53]
4:10cv257-SBA 2
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1 Dated: July 12, 2010 Respectfully Submitted,

2 MICHAEL F. HERTZ
Deputy Assistant Attorney General
3
JOSEPH P. RUSSONIELLO
4 United States Attorney
5 SUSAN K. RUDY
Assistant Branch Director
6
/s/ Christopher R. Hall
7 CHRISTOPHER R. HALL
D.C. Bar No. 468827
8 Trial Attorney
U.S. Department of Justice
9 Civil Division, Federal Programs Branch
P.O. Box 883
10 Washington, D.C. 20044
(202) 514-4778 (telephone)
11 (202) 616-8470 (fax)
12 Attorneys for Defendant
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Defendants’ Certification of Position under ¶ 5 of the Standing Order
of this Court in Response to Declaration of Rita F. Lin [Docket No. 53]
4:10cv257-SBA 3