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Appellate Case: 13-4178

Document: 01019228966

Date Filed: 04/04/2014

Page: 1

UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT DEREK KITCHEN, individually; MOUDI SBEITY, individually; KAREN ARCHER, individually; KATE CALL, individually; LAURIE WOOD, individually; and KODY PARTRIDGE, individually, No. 13-4178 Plaintiffs - Appellees, v. GARY R. HERBERT, in his official capacity as Governor of Utah, and SEAN D. REYES, in his official capacity as Attorney General of Utah, Defendants Appellants, and SHERRIE SWENSEN, in her official capacity as Clerk of Salt Lake County. Defendant. DEFENDANTS-APPELLANTS MOTION TO EXTEND ORAL ARGUMENT

Docket Reference Number: [10163567]

Appellate Case: 13-4178

Document: 01019228966

Date Filed: 04/04/2014

Page: 2

Defendants-Appellants Gary R. Herbert, in his official capacity as Governor of Utah, and Sean D. Reyes, in his official capacity as Attorney General of Utah (collectively State Defendants), hereby request (over Plaintiffs objection) that oral argument be extended an additional 15 minutes for both sides, for a total of 30 minutes per side. REASONS FOR ADDITIONAL TIME This appeal presents issues that are of enormous social and legal importance to the parties, the States and the people within this Circuit and throughout the Nation. The parties have submitted hundreds of pages of briefing and thousands of pages of record. The Court has also received dozens of briefs from amici curiae, totaling thousands of additional pages. Given the breadth and the depth of the written arguments presented to the Court, State Defendants believe that allowing additional time for oral argument will assist the Courts efforts to resolve the extraordinarily important issues presented here. That additional time will enable the parties to summarize their most important points while at the same time permitting the Court to receive answers to any questions it may have about the parties submissions. 1

Appellate Case: 13-4178

Document: 01019228966

Date Filed: 04/04/2014

Page: 3

Allowing 30 minutes per side would also be consistent with standard practice in other cases of similar importanceincluding cases argued to this Court en banc, and cases argued before the Supreme Court. CONCLUSION For the foregoing reasons, State Defendants respectfully request a total of 30 minutes per side to present oral argument. Respectfully submitted, s/ Gene Schaerr_____________ GENE SCHAERR Special Assistant Utah Attorney General BRIAN L. TARBET Chief Deputy Utah Attorney General STANFORD E. PURSER PHILIP S. LOTT Assistant Utah Attorneys General P.O. Box 140856 160 East 300 South Salt Lake City, Utah 84114-0856 801-366-0100 (phone) gschaerr@gmail.com

Appellate Case: 13-4178

Document: 01019228966

Date Filed: 04/04/2014

Page: 4

ECF CERTIFICATIONS Pursuant to Section II(I) of the Courts CM/ECF Users Manual, the undersigned certifies that: 1. 2. all required privacy redactions have been made; hard copies of the foregoing motion required to be submitted to the clerks office are exact copies of the brief as filed via ECF; and the document filed via ECF was scanned for viruses with the most recent version of Microsoft Security Essentials v. 2.1.111.6.0, and according to the program is free of viruses. s/ Gene Schaerr_____________

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Appellate Case: 13-4178

Document: 01019228966

Date Filed: 04/04/2014

Page: 5

CERTIFICATE OF SERVICE I hereby certify that on the 4th of April, 2014, a true, correct and complete copy of the foregoing Defendants-Appellants Motion to Extend Oral Argument was filed with the Court and served on the following via the Courts ECF system: Peggy A. Tomsic tomsic@mgplaw.com James E. Magleby magleby@mgplaw.com Jennifer Fraser Parrish parrish@mgplaw.com MAGLEBY & GREENWOOD, P.C. 170 South Main Street, Suite 850 Salt Lake City, UT 84101 Kathryn D. Kendell kkendall@nclrights.org Shannon P. Minter sminter@nclrights.org David C. Codell dcodell@nclrights.org National Center for Lesbian Rights 870 Market St., Ste. 370 San Francisco, CA 94102 Ralph Chamness rchamness@slco.org Darcy M. Goddard dgoddard@slco.org Salt Lake County District Attorneys 2001 South State, S3700 Salt Lake City, UT 84190 s/ Gene Schaerr_____________