On April 10, 2014, Plaintiffs submitted a motion for leave to file a supplement to apprise the Court of additional facts in connection with Plaintiffs’ motion for a preliminary injunction. Doc. Nos. 31-32. That motion was subsequently granted on May 13, 2014. Doc. No. 41. 2.
In that supplement, Plaintiffs apprised the Court that, inter alia, (a) Judge Stone of the Utah State Court had granted a petition by Plaintiffs
Matthew Barraza and Tony Milner to adopt their son, J., (b) as part of that order, Judge Stone ordered Defendants to issue an amended birth certificate for J., and (c)
Defendants had filed a “Petition for Emergency Extraordinary Relief” in the Utah Supreme Court asking that Court to stay enforcement of Judge Stone’s order to issue an amended birth certificate. 3.
On April 16, 2014, Defendants filed a response that did not oppose Plaintiffs’ motion to supplement. Doc. No 33. 4.
In addition, on April 16, 2014, Defendants – in a reversal of their previous position – moved to certify Plaintiffs’ state-law claims to the Utah Supreme Court. In that motion Defendants informed the Court that they had filed similar petitions for extraordinary relief in three other cases in which state courts had granted adoption petitions. Doc. No. 34. 5.
On April 17, 2014, Plaintiffs filed a response to Defendants’ motion for certification. Doc. No. 35. In that response, Plaintiffs reiterated their position that the Court may, in its discretion, certify state-law questions to the Utah Supreme Court. But Plaintiffs also reiterated that, regardless of the ultimate outcome of the state law claims, this Court should issue a preliminary injunction based on Plaintiffs’ federal claims so Plaintiffs’ federal rights would
Case 2:14-cv-00055-DAK Document 43 Filed 05/17/14 Page 2 of 6