IN THE UNITED STATES DISTRICT COURTFOR THE WESTERN DISTRICT OF VIRGINIAHARRISONBURG DIVISION
, ))Plaintiffs, )
v. ) Civil Action No. 5:13-cv-00077)ROBERT F. McDONNELL, JANET M. )RAINEY, and THOMAS E. ROBERTS, )in their official capacities ))Defendants. )
RULE 26(f) CONFERENCE REPORT
Plaintiffs challenge various provisions of Virginia law providing that marriage shall be between a man and a woman, seek class certification to represent others similarly situated, andrequest declaratory and injunctive relief as to the constitutionality of Virginia ConstitutionArticle I, § 15-A as well as Virginia Code §§ 20-45.2, and 20-45.3. (Doc. 1 at 27-29, 37-39;Docs. 26, 27.) Motions to dismiss Defendant Robert F. McDonnell and Thomas E. Roberts have been filed, (Docs. 24, 25, 32, 33), as have Defendants' oppositions to the certification of a class.(Docs. 30, 36.) To address discovery issues, and in accordance with Fed. R. Civ. P. 26(f) andthis Court's Scheduling Order, (Doc. 43), on Friday, September 20, 2013, the parties conferredtelephonically, and outlined their respective positions with regard to their claims and defensesand the need for and timing of discovery and motions in this case. No agreement with regard toscheduling was reached despite further telephonic discussion on these matters.On September 30, 2013, the Plaintiffs filed a motion for summary judgment. (Docs. 44,45, 46, 47, 48, 49, 50-2.) The parties' positions
regarding how this case should proceed are
In parties' October 3 conference call, counsel for Defendant Roberts indicated that she woulddefer to counsel for the State Defendants as to scheduling.
Case 5:13-cv-00077-MFU-RSB Document 56 Filed 10/04/13 Page 1 of 4 Pageid#: 491