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ACLU et al Attachment

ACLU et al Attachment

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Published by Equality Case Files
[10154571] Attachment of 22 Bar Associations, Public Interest Organizations and Legal Service Organizations (w/Motion For Leave To File). Filed in both Kitchen (Utah) and Bishop (Oklahoma).
[10154571] Attachment of 22 Bar Associations, Public Interest Organizations and Legal Service Organizations (w/Motion For Leave To File). Filed in both Kitchen (Utah) and Bishop (Oklahoma).

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Published by: Equality Case Files on Mar 06, 2014
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07/26/2014

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Case Nos. 13-4178, 14-5003, 14-5006 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT DEREK KITCHEN, ET AL., Plaintiffs-Appellees, v. GARY R. HERBERT, ET AL., Defendants-Appellants. Appeal from the United States District Court for the District of Utah (No. 2:13-cv-00217) MARY BISHOP, ET AL., Plaintiffs-Appellees, v. SALLY HOWE SMITH, ET AL., Defendants-Appellants. Appeal from the United States District Court for the Northern District of Oklahoma (No. 4:04-cv-00848)
Motion of Amici Curiae 22 Bar Associations, Public-Interest Organizations and Legal Service Organizations For Leave To File an Attachment
Amici Curiae The American Civil Liberties Union; American Civil Liberties Union of Utah; American Civil Liberties Union of Oklahoma; The Leadership Conference on Civil and Human Rights; 9to5, National Association of Working Women; API Equality—LA; Asian Americans Advancing Justice; Asian Americans Advancing Justice—Asian Law Caucus; Asian Americans Advancing Justice—Chicago; Asian Americans Advancing Justice—Los Angeles; Cimarron Alliance; Hispanic National Bar Association; Human Rights Campaign; NAACP Salt Lake Branch; NAACP Tri-State
Appellate Case: 13-4178 Document: 01019212220 Date Filed: 03/04/2014 Page: 1
Docket Reference Number: [10154571]
 
Conference of Idaho, Nevada and Utah; National Action Network; National Council of La Raza; National Gay and Lesbian Task Force; National Organization for Women Foundation; Oklahomans for Equality; Public Advocates, Inc.; and the Equality Network,  by their attorneys, respectfully request leave from the Court pursuant to Federal Rule of Appellate Procedure 27(a) to file an Attachment (the “Attachment”) to their Brief of Amici Curiae in the above-captioned proceedings. (The Attachment is attached hereto as Exhibit A.) The Attachment is a particularized statement of interest of each of the 22 Amici Curiae, made as short as was reasonably possible given their numbers. The Amici Curiae file this motion in an abundance of caution. The Attachment is not part of the Amici Curiae’s substantive arguments in their Brief and their Brief can be considered without reference to the Attachment. If the the Attachment were part of their Brief, however, the Brief would exceed the word limit set in Federal Rules of Appellate Procedure 29(d) and 32(a)(7). Specifically, the Brief is 5,948 words long, well within the 7,000 word limit. The Attachment is 2,567 words long. Counsel for the amici curiae has contacted counsel for the parties to seek consent for this motion. The Defendant-Appellants and the Plantiff-Appellees in Kitchen et al. v. Herbert et al. and the Defendant-Appellant in Bishop et al. v. Smith et al. do not oppose the Amici Curiae’s motion for leave to submit additional information. The Amici Curiae were unable to reach counsel for the Plaintiff-Appellee in Bishop et al. v. Smith et al.
Appellate Case: 13-4178 Document: 01019212220 Date Filed: 03/04/2014 Page: 2
 
 For these reasons, the Amici Curiae respectfully request that the Court grant this Motion to File an Attachment. Dated: March 4, 2014 Respectfully Submitted, /s/ Leah Farrell Joshua A. Block John Mejia (USB No. 13965) ACLU FOUNDATION Leah Farrell (USB No. 13696) 125 Broad Street, Floor 18 ACLU OF UTAH FOUNDATION,  New York, New York 10004 355 North 300 West Telephone: (212) 549-2600 Salt Lake City, Utah 84103 Facsimile: (212) 549-2650 Telephone: (801) 521-9863  jblock@alcu.org Facsimile: (801) 532-2850  jmejia@acluutah.org Ryan D. Kiesel lfarrell@acluutah.org Brady R. Henderson AMERICAN CIVIL LIBERTIES UNION OF OKLAHOMA FOUNDATION 3000 Paseo Drive Oklahoma City, OK 73103 Telephone: (405) 524-8511 Email: rkiesel@acluok.org Email:  bhenderson@acluok.org 
 Attorneys for Amici Curiae
Appellate Case: 13-4178 Document: 01019212220 Date Filed: 03/04/2014 Page: 3

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