Case 2:11-cv-00652-CW Document 25 Filed 12/13/11 Page 1 of 4

Jonathan Turley (Pro Hac) 2000 H St., N.W. Washington, D.C. 20052 (202) 994-7001 jturley@law.gwu.edu Adam Alba, 13128 2167 N. Main St. Centerville, UT 84014 (801) 792-8785 adam.alba@gmail.com Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION

) KODY BROWN, MERI BROWN, JANELLE BROWN, CHRISTINE BROWN, ROBYN SULLIVAN, Plaintiffs, v. GARY R. HERBERT, in his official capacity as Governor of Utah; MARK SHURTLEFF, in his official capacity as Attorney General of Utah; JEFFREY R. BUHMAN, in his official capacity as County Attorney for Utah County, Defendants. ) ) ) ) ) ) ) ) ) ) Civil No. 2:11-cv-00652-CW Judge Waddoups PLAINTIFFS RESPONSE TO THE COURTS NOVEMBER 1, 2011 ORDER

PLAINTIFFS RESPONSE TO THE COURTS NOVEMBER 1, 2011 ORDER

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Plaintiffs in the above caption, by and through their attorneys of record, offer the attached two declarations in response to this Courts November 1, 2011 order. The November 1, 2011 order included the instruction that Plaintiffs should be prepared to substantiate their standing through evidence of the Defendants' investigations and other allegedly injurious actions. The Defendants should be prepared to offer rebuttal evidence and any additional evidence that would defeat the Plaintiffs' claim of standing. While the nonmoving party in a motion to dismiss is entitled to factual disputes to be read in its favor, Kay v. Bemis, 500 F.3d 1214, 1217 (10th Cir. 2007), the Plaintiffs understand that they must plead facts that are sufficient under Rule 12(b)(6) to establish enough facts to state a claim to relief that is plausible on its face. Ridge at Red Hawk, LLC v. Schneider, 493 F.3d 1174, 1177 (10th Cir. 2007) (quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 (2007)). The two attached declarations are offered by the Plaintiffs as further support for their injuries stemming from the state law defining their family as a criminal association as well as the criminal investigation and public comments by prosecutors. Three prior declarations on the harm or injuries to the family were filed with the Court as part of the Plaintiffs Memorandum of Points and Authorities in Opposition To Defendants Motion To Dismiss. Unlike prior litigants challenging the Utah statute, the Plaintiffs are participants in a television program and have suffered financial repercussions from this statute and investigation related to promotions and contracts. The two new declarants Mssrs. David Tenzer and Michael Maguire offer personal knowledge and expertise on the loss of business opportunities due to the statute and the actions of the Defendants. 1

The Plaintiffs will also be prepared to submit copies of news articles at the hearing containing public statements by the prosecutors acknowledging the criminal investigation as well as stating their

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Respectfully submitted,

/s/ Jonathan Turley Jonathan Turley (Pro Hac) 2000 H St., N.W. Washington, D.C. 20052 (202) 994-7001 jturley@law.gwu.edu Adam Alba, 13128 2167 N. Main St. Centerville, UT 84014 (801) 792-8785 adam.alba@gmail.com Attorneys for Plaintiffs Date: December 13, 2011

views that the Browns are committing crimes every night on television. However, these previously cited statements have not been denied and an ongoing investigation has been acknowledged by prosecutors.

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CERTIFICATE OF SERVICE

This is to certify that copies of the foregoing PLAINTIFFS RESPONSE TO THE COURTS NOVEMBER 1, 2011 ORDER was served by electronically filing the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following: Jerrold s. Jensen (#1678) Thom d. Roberts (#2773) Assistant Attorneys General Attorneys For Defendants 160 East 300 South, 5th Floor P.O. Box 140857 Salt Lake City, Utah 84114-0857 Telephone: (801) 366-0353 jerroldjensen@utah.gov thomroberts@utah.gov

/s/ Jonathan Turley_______ Jonathan Turley (Pro Hac) 2000 H St., N.W. Washington, D.C. 20052 (202) 994-7001 jturley@law.gwu.edu Adam Alba, 13128 2167 N. Main St. Centerville, UT 84014 (801) 792-8785 adam.alba@gmail.com Attorneys for Plaintiffs