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2:14-cv-12221 #23

2:14-cv-12221 #23

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Published by Equality Case Files
Doc 23 - REPLY BRIEF of Defendants Snyder and Schuette in Support of the Motion to Stay
Doc 23 - REPLY BRIEF of Defendants Snyder and Schuette in Support of the Motion to Stay

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Published by: Equality Case Files on Aug 30, 2014
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09/09/2014

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION - DETROIT ERIN DAWN BLANKENSHIP, individually and as parent and next friend of G.B. and S.B., minors, and SHAYLA BLANKENSHIP, individually and as parent and next friend of B.B. and S.B., minors, Plaintiffs, v RICK SNYDER, in his official capacity as Governor of the State of Michigan; BILL SCHUETTE, in his official capacity as Attorney General for the State of Michigan; JOHN GLEASON, in his official capacity as Genesee County Clerk; and JAMES BAUER, in his official capacity as  Administrator of the Probate Court for Genesee County; Defendants. No. 14-cv-12221 HON. ARTHUR J. TARNOW MAG. MICHAEL J. HLUCHANIUK
DEFENDANT GOVERNOR RICK SNYDER AND  ATTORNEY GENERAL BILL SCHUETTE
S REPLY BRIEF IN SUPPORT OF THE MOTION FOR ABEYANCE
 Alec Scott Gibbs (P73593)  Attorney for Plaintiffs Law Offices of Gregory T. Gibbs 717 S. Grand Traverse St. Flint, MI 48502 (810) 239-9470 Michael F. Murphy (P29213) Christina M. Grossi (P67482) Joshua O. Booth (P53847)  Attorneys for State Defendants MI Dep
t of Attorney General State Operations Division P.O. Box 30754 Lansing, MI 489009 (517) 373-1162
2:14-cv-12221-AJT-MJH Doc # 23 Filed 08/28/14 Pg 1 of 10 Pg ID 283
 
 
H. William Reising (P19343)  Attorney for County Defendants Plunkett Cooney 111 E. Court Street, Suite 1B Flint, MI 48502 (810) 342-7001 wreising@plunkettcooney.com / Bill Schuette  Attorney General Michael F. Murphy  Assistant Attorney General  Attorneys for State Defendants State Operations Division P.O. Box 30754 Lansing, MI 48909 (517) 373-1162 murphym2@michigan.gov (P29213) Dated: August 28, 2014
2:14-cv-12221-AJT-MJH Doc # 23 Filed 08/28/14 Pg 2 of 10 Pg ID 284
 
 1
I.
 
The Sixth Circuit’s denial of Plaintiffs’ motion to intervene
does not preclude the Court from granting this motion.
 As Defendants asserted in the underlying motion, Plaintiffs
 attempt to intervene in
 DeBoer
 evidences a recognition that their claims in this case arise from, and are controlled by,
 DeBoer
. In response, Plaintiffs contend
 DeBoer
 
“has nothing to do with the claims they have brought to this Court,” and
reference the Sixth Circuit
’s
 denial of their motion to intervene (Doc #19-1, Pg ID 273). According to Plaintiffs, the denial conclusively establishes that their claims are independent of
 DeBoer
, and “forecloses this motion in its entirety”
(Doc #19-1, Pg ID 270).
But the Sixth Circuit’s order
 denying intervention does not support such a conclusion. First, the Sixth Circuit found
Plaintiffs’
 motion to be untimely (Exhibit 1, Sixth Circuit Order). Second, although the Sixth Circuit also found that, despite the untimeliness, intervention was still improper; it offered no reasoning (Exhibit 1). For all we know, in denying intervention of right, the Sixth Circuit could have agreed with Defendants
that Plaintiffs’ claims are
indeed controlled by
 DeBoer,
and
opined that Plaintiffs’
 interests are nonetheless adequately protected by the existing parties. See Fed. R. Civ. P 24(a). There is nothing in the
2:14-cv-12221-AJT-MJH Doc # 23 Filed 08/28/14 Pg 3 of 10 Pg ID 285

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