Golinski

ORDER GRANTING MOTION TO DISMISS AND DENYING MOTION FOR PRELIMINARY INJUNCTION

Now before the Court is the motion for preliminary injunction filed by Plaintiff Karen Golinski and the motion to dismiss the first amended complaint filed by Defendants United States Office of Personnel Management and John Berry, its director (collectively, “OPM”). Golinski brings this action for mandamus relief, seeking to have OPM rescind its prior guidance to her insurance company and to cease its obstruction of Golinski’s attempts to secure health insurance coverage for her same-sex spouse. Having considered the parties’ papers, relevant legal authority, and the record in this case, the Court HEREBY GRANTS OPM’s motion to dismiss and DENIES Plaintiffs motion for preliminary injunction. The Court shall give Plaintiff leave to amend her claims.

BACKGROUND

Golinski is a staff attorney in the Motions Unit of the Office of Staff Attorneys in the Ninth Circuit Court of Appeals. (Declaration of Karen Golinski in support of preliminary injunction motion (“Golinski PI Deck”), at ¶ I.) Golinski has been partners with Amy Cunninghis for over twenty years, as registered domestic partners with the City and…