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Utah AG's Extension Request

Utah AG's Extension Request

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Published by Chris Geidner
10-day extension
10-day extension

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Published by: Chris Geidner on Jan 17, 2014
Copyright:Attribution Non-commercial

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05/22/2014

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1
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT
DEREK KITCHEN, individually; MOUDI SBEITY, individually; KAREN ARCHER, individually; KATE CALL, individually; LAURIE WOOD, individually; and KODY PARTRIDGE, individually, Plaintiffs - Appellees, v. GARY R. HERBERT, in his official capacity as Governor of Utah, and SEAN D. REYES, in his official capacity as Attorney General of Utah, Defendants – Appellants, and SHERRIE SWENSEN, in her official capacity as Clerk of Salt Lake County. Defendant.
No. 13-4178 MOTION FOR EXTENSION OF TIME TO FILE DEFENDANTS-APPELLANTS’ OPENING BRIEF
Appellate Case: 13-4178 Document: 01019188274 Date Filed: 01/17/2014 Page: 1
 
2 Pursuant to 10
th
 Cir. R. 27.4, Defendants-Appellants Gary R. Herbert, in his official capacity as Governor of Utah, and Sean D. Reyes, in his official capacity as Attorney General of Utah, hereby request a 10-day extension of time to file their opening brief in this matter. Plaintiffs oppose the relief requested herein.
GROUNDS FOR AN EXTENSION
 A short extension of time is necessary to allow State Defendants to complete a fulsome, detailed and quality brief on the significant constitutional questions surrounding a State’s definition of marriage as only between a man and a woman. These issues are important to not only the parties, but to virtually all of the citizens of Utah, the state governments and citizens within the jurisdiction of the Tenth Circuit and state governments and citizens throughout the country. On December 30, 2013, the Court ordered an expedited briefing schedule requiring State Defendants to file an opening brief and appendix by January 27, 2014; Plaintiffs to file a response brief by February 18, 2014; and State Defendants to file any reply brief by February 25, 2014. However, circumstances have changed significantly since the
Appellate Case: 13-4178 Document: 01019188274 Date Filed: 01/17/2014 Page: 2
 
3 expedited schedule was set and a short extension is now warranted.  After the district court and this Court denied State Defendants’ request for a stay pending appeal, the United States Supreme Court entered a stay of the district court’s injunction pending appeal on January 6, 2014. The relatively rare stay from the Supreme Court indicates at least two points: (1) an interest by the Supreme Court in this appeal and/or the issues raised in this appeal, and (2) a desire by the Supreme Court that the appeal (and the effects of any court decisions) be handled in an orderly way befitting the important issues being addressed.  Additionally, given the importance of the issues presented by this appeal and the possibility that the Supreme Court will review this Court’s decision, the State of Utah has hired outside counsel to help prepare the briefs and present argument. Due to requirements of State procurement law and the desire to obtain the most qualified representation possible to aid the Court in its consideration of the case, outside counsel was only selected on January 16, 2014. The lead outside counsel will be Gene Schaerr, who is withdrawing from his firm to represent State Defendants in this Court and the Supreme Court as
Appellate Case: 13-4178 Document: 01019188274 Date Filed: 01/17/2014 Page: 3

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