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Kim Davis files for extension
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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY ASHLAND DIVISION APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants. : : : : : : : : : : CIVIL ACTION 0:15-CV-00044-DLB DISTRICT JUDGE DAVID L. BUNNING KIM DAVIS, Third-Party Plaintiff, v. STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky, and WAYNE ONKST, in his official capacity as State Librarian and Commissioner, Kentucky Department for Libraries and Archives, Third-Party Defendants. : : : : : : : : : : : : : : : DEFENDANT/THIRD-PARTY PLAINTIFF KIM DAVIS’ MOTION TO EXTEND TEMPORARY STAY OF INJUNCTION ORDER Defendant/Third-Party Plaintiff Kim Davis (“Davis”), pursuant to Federal Rule of Civil Procedure 62(c) and Local Rule 7.1, moves for an order extending this Court’s temporary stay (Doc. 55) of the injunction entered against Davis in the Court’s August 12, 2015 Memorandum Opinion and Order (Doc. 43, the “Injunction Order”), pending final resolution of Davis’ Emergency Application to Stay Preliminary Injunction Pending Appeal filed in the Supreme Court of the United States today. Case: 0:15-cv-00044-DLB Doc #: 62 Filed: 08/28/15 Page: 1 of 3 - Page ID#: 1297
description
Davis asked U.S. District Judge David Bunning to extend his stay on his marriage license order while she appeals to the Supreme Court.
Transcript of Kim Davis files for extension
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF KENTUCKY
ASHLAND DIVISION
APRIL MILLER, ET AL.,
Plaintiffs,
v.
KIM DAVIS, ET AL.,
Defendants.
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CIVIL ACTION
0:15-CV-00044-DLB
DISTRICT JUDGE
DAVID L. BUNNING
KIM DAVIS,
Third-Party Plaintiff,
v.
STEVEN L. BESHEAR, in his official
capacity as Governor of Kentucky, and
WAYNE ONKST, in his official capacity
as State Librarian and Commissioner,
Kentucky Department for Libraries and
Archives,
Third-Party Defendants.
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DEFENDANT/THIRD-PARTY PLAINTIFF KIM DAVIS’
MOTION TO EXTEND TEMPORARY STAY OF INJUNCTION ORDER
Defendant/Third-Party Plaintiff Kim Davis (“Davis”), pursuant to Federal Rule of Civil
Procedure 62(c) and Local Rule 7.1, moves for an order extending this Court’s temporary stay
(Doc. 55) of the injunction entered against Davis in the Court’s August 12, 2015 Memorandum
Opinion and Order (Doc. 43, the “Injunction Order”), pending final resolution of Davis’
Emergency Application to Stay Preliminary Injunction Pending Appeal filed in the Supreme Court
of the United States today.
Case: 0:15-cv-00044-DLB Doc #: 62 Filed: 08/28/15 Page: 1 of 3 - Page ID#: 1297
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This Court granted Davis a temporary stay of the Injunction Order through August 31,
2015. (Docs. 52, 55.) The Court’s reason for granting the temporary stay was “deference to the
Sixth Circuit Court of Appeals . . . to give the appellate court an opportunity to review, on an
expedited basis,” Davis’ request for a stay pending appeal. (Doc. 55 at 1.) The Sixth Circuit entered
an order denying Davis’ motion for stay pending appeal by Order dated August 26, 2015. (6th Cir.
Case No. 15-5880, Doc. 28-1.) Davis filed today, however, in the Supreme Court of the United
States, an emergency application to stay the Injunction Order. Accordingly, Davis now requests
that this Court extend the same deference to the Supreme Court, to give the Supreme Court an
opportunity to review and finally decide Davis’ emergency application for stay.1
WHEREFORE, Defendant/Third-Party Plaintiff Kim Davis respectfully requests that this
Court extend the temporary stay of the Injunction Order pending the Supreme Court’s final
disposition of her emergency application for a stay pending appeal, by the form of the proposed
order attached hereto.
DATED: August 28, 2015 Respectfully submitted:
A.C. Donahue
Donahue Law Group, P.S.C.
P.O. Box 659
Somerset, Kentucky 42502
Tel: (606) 677-2741
Fax: (606) 678-2977
/s/ Roger K. Gannam
Roger K. Gannam
Jonathan D. Christman
Liberty Counsel
P.O. Box 540774
Orlando, Florida 32854
Tel: (800) 671-1776
Fax: (407) 875-0770
Attorneys for Defendant/Third-Party Plaintiff
Kim Davis
1 Additional substantive argument in support of a stay of this Court’s Injunction Order
pending appeal were presented in Davis’ Memorandum of Law in Support of Her Motion to Stay
the August 12, 2015 Injunction Order Pending Appeal (Doc. 45-1), which is incorporated herein
and in support hereof by this reference.
Case: 0:15-cv-00044-DLB Doc #: 62 Filed: 08/28/15 Page: 2 of 3 - Page ID#: 1298
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was filed via the Court’s ECF
filing system and therefore service will be effectuated by the Court’s electronic notification system
upon all counsel or parties of record:
Daniel J. Canon
L. Joe Dunman
Laura E. Landenwich
CLAY DANIEL WALTON ADAMS, PLC
462 S. Fourth Street, Suite 101
Louisville, KY 40202
William Ellis Sharp
ACLU OF KENTUCKY
315 Guthrie Street, Suite 300
Louisville, KY 40202
Attorneys for Plaintiffs
Jeffrey C. Mando
Claire Parsons
ADAMS, STEPNER, WOLTERMANN &
DUSING, PLLC
40 West Pike Street
Covington, KY 41011
Attorneys for Rowan County
William M. Lear, Jr.
Palmer G. Vance II
STOLL KEENON OGDEN PLLC
300 West Vine Street, Suite 2100
Lexington, Kentucky 40507-1380
Attorneys for Governor Steven L. Beshear
and Commissioner Wayne Onkst
DATED: August 28, 2015 /s/ Roger K. Gannam
Roger K. Gannam
Attorney for Defendant/Third-Party Plaintiff
Kim Davis
Case: 0:15-cv-00044-DLB Doc #: 62 Filed: 08/28/15 Page: 3 of 3 - Page ID#: 1299
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF KENTUCKY
ASHLAND DIVISION
APRIL MILLER, ET AL., Plaintiffs, v. KIM DAVIS, ET AL., Defendants.
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CIVIL ACTION 0:15-CV-00044-DLB DISTRICT JUDGE DAVID L. BUNNING
KIM DAVIS, Third-Party Plaintiff, v. STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky, and WAYNE ONKST, in his official capacity as State Librarian and Commissioner, Kentucky Department for Libraries and Archives, Third-Party Defendants.
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[PROPOSED] ORDER
This Court, having reviewed Defendant/Third-Party Plaintiff Kim Davis’ Motion to Extend
Temporary Stay of Injunction Order, and any responses thereto, and for good cause shown,
GRANTS the Motion.
IT IS HEREBY ORDERED that the injunction entered by this Court against Kim Davis in
its August 12, 2015 Memorandum Opinion and Order (Doc. 43) is hereby temporarily stayed until
Case: 0:15-cv-00044-DLB Doc #: 62-1 Filed: 08/28/15 Page: 1 of 2 - Page ID#: 1300
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final resolution of Davis’ Emergency Application to Stay Preliminary Injunction Pending Appeal
by the Supreme Court of the United States.
_____________________________ HON. DAVID L. BUNNING DISTRICT JUDGE
Case: 0:15-cv-00044-DLB Doc #: 62-1 Filed: 08/28/15 Page: 2 of 2 - Page ID#: 1301
