Kyle Lawson, et al., ) ) Plaintiffs, ) ) v. ) No. 4:14-cv-00622-ODS ) Robert Kelly, ) Defendant. ) ___________________________________ ) ) State of Missouri, ) ) Intervenor. )
CONSENT MOTION TO WITHDRAW MOTION FOR REMAND
Come now Plaintiffs, with consent of Defendant and Intervenor, and move this Court for entry of an order allowing Plaintiffs to withdraw their motion for remand (Doc. # 9). In support, they state: 1. In this case, Plaintiffs allege that Missouris laws excluding same-sex couples from marriageMo. Rev. Stat. 451.022, Mo. Const. art. I, 33, and any other provision of Missouri statutory or common law barring same-sex couples from marryingviolate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. 2. This action was commenced in state court; however, after the State of Missouri intervened, it filed a notice of removal to this Court. (Doc. # 1). 3. On August 12, 2014, Plaintiffs filed a motion for remand, pursuant to 28 U.S.C. 1447(c). (Doc. # 9). 4. Plaintiffs no longer desire to pursue their request for remand. Case 4:14-cv-00622-ODS Document 26 Filed 09/10/14 Page 1 of 3 5. Undersigned counsel has contacted counsel for Defendant and Intervenor. Counsel for each indicates consent to this request. WHEREFORE Plaintiffs respectfully request this Court enter an order allowing Plaintiffs to withdraw their motion for remand (Doc. # 9), and allow such other and further relief as is just and proper under the circumstances. Respectfully submitted,
/s/ Anthony E. Rothert Anthony E. Rothert, #44827 Grant R. Doty, #60788 ACLU of Missouri Foundation 454 Whittier Street St. Louis, Missouri 63108 trothert@aclu-mo.org gdoty@aclu-mo.org
Gillian R. Wilcox, #61278 ACLU of Missouri Foundation 3601 Main Street Kansas City, Missouri 63111 gwilcox@aclu-mo.org
ATTORNEYS FOR PLAINTIFFS
Case 4:14-cv-00622-ODS Document 26 Filed 09/10/14 Page 2 of 3
Certificate of Service
I certify that a copy of the forgoing was filed electronically on September 10, 2014, and made available to counsel of record. . /s/ Anthony E. Rothert
Case 4:14-cv-00622-ODS Document 26 Filed 09/10/14 Page 3 of 3
The Self-Help Guide to the Law: Contracts, Landlord-Tenant Relations, Marriage, Divorce, Personal Injury, Negligence, Constitutional Rights and Criminal Law for Non-Law: Guide for Non-Lawyers, #3
Victor Johnson v. Monica Rodrigues (Orozco) Sealed Defendant-98-550-1 Sealed Defendant-98-550-2 Adoption Center of Choice, 226 F.3d 1103, 10th Cir. (2000)
George W. Lewis v. George F. Kugler, JR., Individually and in His Official Capacity As Attorney General of The State of New Jersey, 446 F.2d 1343, 3rd Cir. (1971)