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12-16998 #128

12-16998 #128

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Published by Equality Case Files
Doc 128
Doc 128

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Published by: Equality Case Files on Apr 26, 2014
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05/17/2014

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Motion to Exceed 
 
 Nos. 12-16995 & 12-16998 IN THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT  NATASHA N. JACKSON, JANIN KLEID, and GARY BRADLEY, Plaintiffs-Appellants, vs.  NEIL S. ABERCROMBIE, Governor, State of Hawai‘i, Defendant-Appellant, and
(caption continued on next page)
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF HAWAII Dist. Ct. No. CV 11-00734 ACK-KSC JUDGE: The Honorable Alan C. Kay, U.S. District Judge, District of Hawaii
DEFENDANT-APPELLANT GOVERNOR NEIL S. ABERCROMBIE'S MOTION TO EXCEED TYPE-VOLUME LIMITATION DECLARATION OF GIRARD D. LAU OPENING BRIEF (containing word count certification) CERTIFICATE OF SERVICE
GIRARD D. LAU 3711 ROBERT T. NAKATSUJI 6743 Deputy Attorneys General 425 Queen Street Honolulu, Hawai‘i 96813 Telephone: (808) 586-1360 Facsimile: (808) 586-1237 Girard.D.Lau@hawaii.gov Robert.T.Nakatsuji@hawaii.gov Attorneys for Defendant-Appellant  Neil S. Abercrombie, Governor of the State of Hawai‘i
Case: 12-16998 04/25/2014 ID: 9073556 DktEntry: 128 Page: 1 of 149
 
Motion to Exceed 
 
LORETTA J. FUDDY, Director of Health, State of Hawai‘i, Defendant-Appellee, and HAWAII FAMILY FORUM, Defendant- Intervenor-Appellee
Case: 12-16998 04/25/2014 ID: 9073556 DktEntry: 128 Page: 2 of 149
 
Motion to Exceed 
 
DEFENDANT-APPELLANT GOVERNOR NEIL S. ABERCROMBIE'S MOTION TO EXCEED TYPE-VOLUME LIMITATION
Pursuant to Circuit Rule 32-2, Defendant-Appellant Governor Neil S. Abercrombie hereby moves for leave to file the attached Opening Brief that exceeds the 14,000 word type-volume limitation set forth in Federal Rule of Appellate Procedure 32(a)(7)(B).
1
 Specifically, he seeks leave of the Court to file a 21,134 word brief. This word count is listed on the Certificate of Compliance contained within the brief. A copy of his brief is attached to this motion. See Circuit Rule 32-2 ("Any such motion shall be accompanied by a single copy of the  brief the applicant proposes to file and a Form 8 certification as required by Circuit Rule 32-1 as to the line or word count."). This motion is supported by the declaration of attorney Girard D. Lau, which demonstrates his diligence in reducing the volume of the brief, and sets forth his substantial need.
1
 In compliance with Circuit Rule 32-2, Governor Abercrombie files this motion on April 25, 2014, the due date of his opening brief, pursuant to this Court's Order filed March 19, 2014. See Circuit Rule 32-2 ("A motion for permission to exceed the page or type-volume limitations set forth at Fed. R. App. P. 32(a)(7)(A) or (B) must be filed
on
or before
 the brief's due date
 and must be accompanied by a declaration stating in detail the reasons for the motion.").
Case: 12-16998 04/25/2014 ID: 9073556 DktEntry: 128 Page: 3 of 149

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