3:13-cv-02351-JMC

Date Filed 04/22/14

Entry Number 56

Page 1 of 3

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Katherine Bradacs and Tracie Goodwin, ) ) Plaintiffs, ) ) v. ) ) Nimrata (Nikki) Randhawa Haley, in her ) official capacity as Governor of South ) Carolina; Alan M. Wilson, in his official ) Capacity as Attorney General, ) ) Defendants. ) ______________________________ ) Civil Action No. 3:13-cv-02351-JFA

MOTION TO INCLUDE CROSS-MOTIONS FILING DEADLINES IN STAY

By Text Order today [Document number 54], this Court granted the Defendants motion for a stay [Doc. 47] and provided that the stay is in effect until such time as the Court of Appeals issues its final opinion in the appeal of the same-sex marriage decision of the United States District Court for the Eastern District of Virginia in Bostic v. Rainey, 2:13CV395, 2014 WL 561978 (E.D. Va. Feb. 13, 2014). The Text Order denied that part of the Defendants Motion to hold the cross-motions deadlines in abeyance while the Court considered the stay motion. That Order appears to maintain the filing deadlines for the cross-motions although the stay is issued. Respectfully, the Defendants intended for the Motion for Stay to include the crossmotions. The purpose of the request to hold deadlines in abeyance was only to protect the parties from having to file cross-motions while the Motion for Stay was considered. Defendants regret if the Motion for Stay was unclear, and respectfully request that this Court stay the filing of the cross-motions while the general stay is in effect. They ask that this Court reset the cross-motion deadlines after the final decision of the Fourth Circuit in Bostic.

3:13-cv-02351-JMC

Date Filed 04/22/14

Entry Number 56

Page 2 of 3

Staying the cross-motions is consistent with the general stay and would avoid the parties having to file supplemental briefs after Bostic is decided. With a stay of the cross-motions deadlines, the parties can address Bostic and other authority in one set of filings without having to do supplemental memoranda. Although Plaintiffs did not consent to the stay in this case, now that the stay has been granted, they consent to its extension to the cross-motions. For the foregoing reasons, the Defendants respectfully request that this Court clarify its Text Order of today or otherwise stay the cross-motions deadlines along with the other deadlines in this case. Respectfully submitted, ALAN WILSON Attorney General Federal ID No.10457 ROBERT D. COOK Solicitor General Federal ID No. 285 Email: BCOOK@SCAG.GOV /s/ J. Emory Smith, Jr. J. EMORY SMITH, JR. Deputy Solicitor General Federal ID No. 3908 IAN P. WESCHLER Assistant Attorney General Federal ID No. 11744 Email: ESMITH@SCAG.GOV Post Office Box 11549 Columbia, South Carolina 29211 Phone: (803) 734-3680 Fax: (803) 734-3677 Counsel for Defendants Governor and Attorney General

April 22, 2014

3:13-cv-02351-JMC

Date Filed 04/22/14

Entry Number 56

Page 3 of 3

Local Rule 7.02 Affirmation: Undersigned counsel has conferred with counsel for Plaintiffs, and they consent to this Motion.

April 22, 2014

/s/ J. Emory Smith, Jr. J. EMORY SMITH, JR. Counsel for Defendants