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3:13-cv-24068 #128

3:13-cv-24068 #128

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Published by Equality Case Files
Doc 128 - State's Opposition to plaintiffs' motion to lift stay and enter judgment
Doc 128 - State's Opposition to plaintiffs' motion to lift stay and enter judgment

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Published by: Equality Case Files on Jul 31, 2014
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07/31/2014

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 1
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION CASIE JO MCGEE and SARA ELIZABETH ADKINS; JUSTIN MURDOCK and WILLIAM GLAVARIS; and NANCY ELIZABETH MICHAEL and JANE LOUISE FENTON, Individually and as next friends of A.S.M., minor child, Plaintiffs, v. Civil Action No. 3:13-24068 KAREN S. COLE, in her official capacity as CABELL COUNTY CLERK; and VERA J. MCCORMICK, in her official capacity as KANAWHA COUNTY CLERK, Defendants, and STATE OF WEST VIRGINIA, Defendant-Intervenor. STATE
OF WEST VIRGINIA’S OPPOSITION TO PLAINTIFFS’ CROSS
-MOTION TO LIFT STAY AND ENTER JUDGMENT
For the reasons stated in the State’s motion,
 see
Doc. 126
, the State opposes Plaintiffs’
cross-motion to lift the stay and enter judgment. Critically, Plaintiffs offer no response to the fact that
the Fourth Circuit’s decision is
currently
non-final 
 and has no legal effect, and will remain so until the mandate issues. Doc. 126 at 4. The State merely requests that this Court continue to stay the merits until
 Bostic
 becomes final (whether in 21 days or, more likely, after
Case 3:13-cv-24068 Document 128 Filed 07/30/14 Page 1 of 4 PageID #: 4395
 
 2 Supreme Court review), which the State believes is
consistent with this Court’s original intent in
issuing its stay. Furthermore, there is no merit to
Plaintiffs’
assertion that
 Bostic
 will resolve
this case’s
 threshold issues. Doc. 127 at 5-6.
 Bostic
 involved both local clerks and the responsible state officials as defendants.
See
 No. 14-1167, 2014 WL 3702493, at *3, 5-6 (4th Cir. July 28, 2014) (describing how
the plaintiff couples “added Janet M. Rainey as a defendant in her official capacity as the State Registrar of Vital Records” and
how the couples successfully sought an
injunction against “Virginia’s employees— 
including Rainey and her employees
 — 
and Schaefer, McQuigg, and their officers, agents, and employees from enforcing the Virginia Marriage
Laws”)
 (emphasis added). It did not address the question whether state officials are necessary defendants when the state officials
 — 
and not county clerks
 — 
are exclusively charged with
executing a State’s marriage laws.
 Nor did it address the other threshold issues in this case.
See
 Doc. 126 at 6 n.4. Respectfully submitted, PATRICK MORRISEY ATTORNEY GENERAL
 s/ Elbert Lin
Elbert Lin (WV Bar Number: 12171)
Solicitor General
Julie Ann Warren (WV Bar Number: 9789) Julie Marie Blake (WV Bar Number: 12271)
 Assistant Attorneys General
Office of the Attorney General State Capitol Building 1, Room E-26 Charleston, WV 25305 Telephone: (304) 558-2021 Fax: (304) 558-0140 E-mail: elbert.lin@wvago.gov Dated: July 30, 2014
Counsel for the State of West Virginia
Case 3:13-cv-24068 Document 128 Filed 07/30/14 Page 2 of 4 PageID #: 4396
 
 3
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA HUNTINGTON DIVISION CASIE JO MCGEE and SARA ELIZABETH ADKINS; JUSTIN MURDOCK and WILLIAM GLAVARIS; and NANCY ELIZABETH MICHAEL and JANE LOUISE FENTON, Individually and as next friends of A.S.M., minor child, Plaintiffs, v. Civil Action No. 3:13-24068 KAREN S. COLE, in her official capacity as CABELL COUNTY CLERK; and VERA J. MCCORMICK, in her official capacity as KANAWHA COUNTY CLERK, Defendants. and STATE OF WEST VIRGINIA, Defendant-Intervenor. CERTIFICATE OF SERVICE
I, Elbert Lin, counsel for the State of West Virginia, hereby certify that on July 29, 2014, I electronically filed the foregoing
State Of West Virginia’s Opposition To Plaintiffs’ Cross
- Motion To Lift Stay And Enter Judgment
with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to: Camilla B. Taylor LAMBDA LEGAL DEFENSE & EDUCATION FUND, INC. Suite 2600 105 West Adams Chicago, IL 60603 Email: ctaylor@lambdalegal.org Elizabeth L. Littrell LAMBA LEGAL DEFENSE & EDUCATION FUND, INC. Suite 1070 730 Peachtree Street, NE Atlanta, GA 30308-1210 Email: blittrell@lambdalegal.org
Case 3:13-cv-24068 Document 128 Filed 07/30/14 Page 3 of 4 PageID #: 4397

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