Case 7:15-cv-00056-O Document 32 Filed 04/23/15

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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
STATE OF TEXAS, et al.
Plaintiffs
v.
UNITED STATES OF AMERICA, et al.
Defendants

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Civil Action No. 7:15-cv-00056-O

JOINT STATUS REPORT AND PROPOSED BRIEFING SCHEDULE

I.

Proposed briefing schedule for the parties anticipated motions.

At the April 10, 2015, hearing, the Court instructed the parties to propose a briefing

schedule for two motions concerning the preliminary injunction entered by the Court on March
26, 2015. Tr. of Mots. Hrg 47:47, ECF No. 29.
The Federal Government intends to file a motion to dissolve the preliminary injunction.
The plaintiffs intend to file a motion for relief concerning the scope of the preliminary
injunction. The plaintiffs interpret the existing preliminary injunction order as reaching more
broadly than the defendants have interpreted the order, see Defs. Req. for Hrg 13, ECF No.
19, and thus the parties differ in their view of the nature of the relief sought by the plaintiffs
motion. The defendants view the plaintiffs anticipated motion as a motion to expand the
preliminary injunction, while the plaintiffs view that motion as a motion to modify or clarify the
preliminary injunction.
The parties jointly propose the following due dates and page limits for these motions:
Defendants motion, up to 25 pages: April 27, 2015
Plaintiffs motion and opposition to defendants motion, consolidated in a single brief of
up to 25 pages: May 14, 2015

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Defendants opposition to plaintiffs motion and reply in support of defendants motion,

consolidated in a single brief of up to 25 pages: May 28, 2015
Plaintiffs reply in support of plaintiffs motion, up to 10 pages: June 11, 2015
A proposed order is attached.
II.

The plaintiffs filing of a second amended complaint.

The defendants consent to the plaintiffs filing of a second amended complaint adding

Georgia as a plaintiff under Rule 15(a)(2) of the Federal Rules of Civil Procedure, as long as the
amended pleading is unchanged from the document that the plaintiffs previously filed on April 9,
2015. The parties agree that the filing of the second amended complaint will have no effect on
the scope of the March 26, 2015, preliminary injunction, though, as noted above, they disagree
about the scope of the preliminary injunction that has already been entered.
III.

Additional filings by the parties.

The parties anticipate making two additional filings in the near future. The plaintiffs will

file a notice of appearance clarifying for the record that the attorneys who have appeared as
counsel for Texas in this action are also appearing as counsel for the other plaintiff states in this
action and represent those states for all purposes in this action.
The Federal Government will file an unopposed motion seeking to stay proceedings in
this actionaside from proceedings related to the preliminary injunction entered March 26,
2015pending a ruling by the Supreme Court in Obergefell v. Hodges, Nos. 14-556, 14-562,
14-571, 14-574 (U.S.).

Case 7:15-cv-00056-O Document 32 Filed 04/23/15

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Date: April 23, 2015

Respectfully submitted,

KEN PAXTON
Attorney General of Texas

BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

CHARLES E. ROY
First Assistant Attorney General

JOHN R. PARKER
Acting United States Attorney

JUDRY L. SUBAR
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation Assistant Branch Director
SCOTT KELLER
Solicitor General
CAM BARKER
Deputy Solicitor General
SHELLEY DAHLBERG
Associate Deputy Attorney General
ANGELA V. COLMENERO
Division Chief, General Litigation Division

s/ JAMES C. LUH
JAMES C. LUH (N.Y. Bar)
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave NW
Washington DC 20530
Tel: (202) 514-4938
Fax: (202) 616-8460
James.Luh@usdoj.gov
Attorneys for Defendants

WILLIAM T. DEANE
Texas Bar No. 05692500
Assistant Attorney General
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Tel: (512) 936-1534
Fax: (512) 320-0667
bill.deane@texasattorneygeneral.gov
Attorneys for Plaintiffs

Case 7:15-cv-00056-O Document 32-1 Filed 04/23/15

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UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS
WICHITA FALLS DIVISION
STATE OF TEXAS, et al.
Plaintiffs
v.
UNITED STATES OF AMERICA, et al.
Defendants

)
)
)
)
)
)
)
)
)

Civil Action No. 7:15-cv-00056-O

ORDER ADOPTING JOINT PROPOSED BRIEFING SCHEDULE

The Court has reviewed the parties Joint Status Report and Proposed Briefing Schedule
and hereby adopts the parties joint proposal for the briefing of the parties motions concerning
the preliminary injunction entered by the Court on March 26, 2015.
The Court hereby sets the following due dates and page limits for the parties motions:
Defendants motion, up to 25 pages: April 27, 2015
Plaintiffs motion and opposition to defendants motion, consolidated in a single brief of
up to 25 pages: May 14, 2015
Defendants opposition to plaintiffs motion and reply in support of defendants motion,
consolidated in a single brief of up to 25 pages: May 28, 2015
Plaintiffs reply in support of plaintiffs motion, up to 10 pages: June 11, 2015
Date: ____________________________
REED OCONNOR
UNITED STATES DISTRICT JUDGE

Case 7:15-cv-00056-O Document 32-1 Filed 04/23/15

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Date: April 23, 2015

Respectfully submitted,

KEN PAXTON
Attorney General of Texas

BENJAMIN C. MIZER
Principal Deputy Assistant Attorney General

CHARLES E. ROY
First Assistant Attorney General

JOHN R. PARKER
Acting United States Attorney

JUDRY L. SUBAR
JAMES E. DAVIS
Deputy Attorney General for Civil Litigation Assistant Branch Director
SCOTT KELLER
Solicitor General
CAM BARKER
Deputy Solicitor General
SHELLEY DAHLBERG
Associate Deputy Attorney General
ANGELA V. COLMENERO
Division Chief, General Litigation Division

s/ JAMES C. LUH
JAMES C. LUH (N.Y. Bar)
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave NW
Washington DC 20530
Tel: (202) 514-4938
Fax: (202) 616-8460
James.Luh@usdoj.gov
Attorneys for Defendants

WILLIAM T. DEANE
Texas Bar No. 05692500
Assistant Attorney General
P.O. Box 12548, Capitol Station
Austin, Texas 78711-2548
Tel: (512) 936-1534
Fax: (512) 320-0667
bill.deane@texasattorneygeneral.gov
Attorneys for Plaintiffs

Case 7:15-cv-00056-O Document 32-2 Filed 04/23/15

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CERTIFICATE OF SERVICE
On April 23, 2015, I electronically submitted the foregoing document with the Clerk of
Court for the U.S. District Court, Northern District of Texas, using the electronic case filing
system of the Court. I hereby certify that I have served all counsel and/or pro se parties of record
electronically or by another manner authorized by Rule 5(b)(2) of the Federal Rules of Civil
Procedure.
s/ JAMES C. LUH
JAMES C. LUH
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Ave NW
Washington DC 20530
Tel: (202) 514-4938
Fax: (202) 616-8460
E-mail: James.Luh@usdoj.gov
Attorney for Defendants