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IN THE UNITED STATES DISTRICT COURT


FOR THE WESTERN DISTRICT OF NORTH CAROLINA
_______________________________________
MCCRORY et al.,

Plaintiffs.
v.

STATE OF NORTH CAROLINA et al.,

Defendants.

and

THOM TILLIS, North Carolina Speaker of the
House of Representatives and PHIL BERGER,
President Pro Tempore of the North Carolina
Senate,
Proposed Intervenor-Defendants.





Case No.: 1:14-cv-00065







PROPOSED DEFENDATS-INTERVENORS MOTION TO EXTEND TIME TO FILE
ANSWER IN SUPPORT OF MOTION FOR INTERVENTION

Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 7.1, proposed
Intervenors-Defendants Thom Tillis, in his capacity as North Carolina Speaker of the House of
Representatives, and Phil Berger, in his capacity as President Pro Tempore of the North Carolina
Senate, on behalf of themselves, and their members and constituents (Movants), by and
through counsel, respectfully move the Court to enlarge the time in which to serve an answer or
otherwise respond the Plaintiffs Complaint (Dkt. 1) in the above captioned matter. In support of
this Motion, Movants state as follows:
1. The Complaint was filed on March 10, 2013. (Dkt. 1.)
2. On August 25, 2014, this matter was stayed pending the Supreme Courts
disposition in Bostic v. Schaefer, 760 F.3d 352 (4th Cir. 2014). (Dkt. 15.)
Case 1:14-cv-00065-MOC-DLH Document 19 Filed 10/09/14 Page 1 of 4
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3. On October 7, 2014, Plaintiffs moved to lift the stay and for an immediate entry
of a summary judgment on the merits. (Dkt. 16.)
4. Although Defendants have not yet filed an answer in this matter, their position in
similar cases in this district indicates that they will not oppose Plaintiffs motion, but will
abandoned their defense of the challenged marriage laws. See General Synod of the United
Church of Christ v. Cooper, No. 3:14-cv-213, Docket Entry 104 (W.D.N.C., filed April 28,
2014) (conceding, As it pertains to their 14th Amendment rights, Plaintiffs should be afforded
appropriate relief in accordance with the law as described the Fourth Circuit Court of Appeals in
Bostic v. Schaefer [760 F.3d 352 (4th Cir. 2014)].).
5. Pursuant to Federal Rule of Civil Procedure 24, Movants have moved to intervene
in this matter and related federal court actions in order to continue the defense of the challenged
marriage laws.
6. Rule 24(c) normally requires a motion to intervene to be accompanied by a
pleading that sets out the claim or defense for which intervention is sought. However, the
Plaintiffs likely-uncontested request for summary judgment necessitates that Movants act as
soon as practicable in seeking intervention and continuing the defense of the challenged marriage
laws.
7. Because undersigned counsel were recently assigned to this case, and the related
cases in which Movants also seek intervention, additional time is needed to investigate the files
and conduct appropriate research in order to adequately prepare the pleading required by Rule
24(c)here, an answer to the Complaint.
8. Undersigned counsel need an additional eight (8) days, to and including October
17, 2014, in which to accomplish these tasks and prepare an answer to the Complaint.
Case 1:14-cv-00065-MOC-DLH Document 19 Filed 10/09/14 Page 2 of 4
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9. Defendants counsel was contacted concerning Defendants respective positions
on this motion, but no response could be obtained prior to filing this motion. Plaintiffs are pro se
and consultation is not required under Local Rule 7.1(B).
WHEREFORE, Movants respectfully move the Court to grant an extension of time, to
and including October 17, 2014, in which to serve an answer as required by Federal Rule of Civil
Procedure 24(c).

Respectfully submitted, this the 9th day of October, 2014.


/s/ Robert D. Potter, J r.
Robert D. Potter, J r.
Attorney at Law
5821 Fairview Road, Suite 207
Charlotte, NC 28209
(704) 552-7742
(704) 552-9287 Fax
rdpotter@rdpotterlaw.com
NC State Bar No. 17553
Attorney for Proposed Defendant-
Intervenors

Noel H. J ohnson*
J oe A. Vanderhulst
ACTRIGHT LEGAL FOUNDATION
209 West Main Street
Plainfield, IN 46168
(317) 203-5599
(888) 815-5641 Fax
njohnson@actrightlegal.org
jvanderhulst@actrightlegal.org
Attorneys for Proposed Defendant-
Intervenors



J ohn C. Eastman*
CENTER FOR CONSTITUTIONAL J URISPRUDENCE
c/o Chapman University Fowler School of Law
One University Dr.
Orange, CA 92866
(877) 855-3330
(714) 844-4817 Fax
jeastman@chapman.edu
Lead Counsel for Proposed Defendant-Intervenors

Attorneys for Proposed Defendant-Intervenors

* Notice of Special Appearance to be filed.
Case 1:14-cv-00065-MOC-DLH Document 19 Filed 10/09/14 Page 3 of 4
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CERTIFICATE OF SERVICE

I hereby certify that on October 9, 2014, I electronically filed the foregoing PROPOSED
DEFENDATS-INTERVENORS MOTION TO EXTEND TIME TO FILE ANSWER IN
SUPPORT OF MOTION FOR INTERVENTION with the clerk of the Court for the United
States District Court for the Western District of North Carolina Circuit by using the CM/ECF
system.
All participants in the case are registered CM/ECF users and will be served by the
appellate CM/ECF system. Plaintiffs will be served by US Mail, postage prepaid and addressed
as follows:
Carol C. McCrory
Brenda S. Clark
90 Hickory Forest Rd
Fairview, NC 28730

Dated: October 9, 2014

/s/ Robert D. Potter, J r.
Robert D. Potter, J r.
Attorney at Law
5821 Fairview Road, Suite 207
Charlotte, NC 28209
(704) 552-7742
(704) 552-9287 Fax
rdpotter@rdpotterlaw.com
NC State Bar No. 17553

On Behalf of Counsel for
Proposed Defendant-Intervenors


Case 1:14-cv-00065-MOC-DLH Document 19 Filed 10/09/14 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
_______________________________________
MCCRORY et al.,

Plaintiffs.
v.

STATE OF NORTH CAROLINA et al.,

Defendants.

and

THOM TILLIS, North Carolina Speaker of the
House of Representatives and PHIL BERGER,
President Pro Tempore of the North Carolina
Senate,
Proposed Intervenor-Defendants.





Case No.: 1:14-cv-000065







ORDER

Upon motion of Proposed Defendants-Intervenors and for good cause shown, it is hereby
ORDERED that Proposed Defendants-Intervenors shall have until October 17, 2014 to file a
pleading in support of the motion for intervention in the above captioned matters.

Dated: October _____, 2014.



District Court J udge/Magistrate/Clerk
Case 1:14-cv-00065-MOC-DLH Document 19-1 Filed 10/09/14 Page 1 of 1