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4:14-cv-00622 #46

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Doc 46 - Plaintiffs' withdrawal of request for oral argument and request for ruling on the written submissions
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  UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI Kyle Lawson, et al., ) ) Plaintiffs, ) ) v. ) No. 4:14-cv-00622-ODS ) Robert Kelly, ) Defendant. )  ___________________________________ ) ) State of Missouri, ) ) Intervenor. ) W ITHDRAWAL OF R  EQUEST FOR O RAL A RGUMENT   Come now Plaintiffs and withdraw their request for oral argument. In support, Plaintiffs state: 1.   In this case, Plaintiffs allege that Missouri’s laws excluding same-sex couples from marriage  —  Mo. Rev. Stat. § 451.022, Mo. Const. art. I, § 33, and any other provision of Missouri statutory or common law barring same-sex couples from marrying  —  violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. 2.   Plaintiffs filed this case against Robert Kelly, in his official capacity as Director of the Jackson County Recorder of Deeds. State of Missouri intervened and removed the case to this Court. 3.   On August 5, 2014, State of Missouri filed a motion for judgment on the pleadings. (Doc. # 7). Plaintiffs filed their opposition (Doc. # 19), and Missouri replied (Doc. # Case 4:14-cv-00622-ODS Document 46 Filed 10/22/14 Page 1 of 3  31). An amicus brief was filed (Doc. # 30), and Plaintiffs’ were permitted to file a surreply (Doc. # 38-1). 4.   On September 5, 2014, Plaintiffs filed a motion for summary judgment. (Doc. # 20). Defendant does not oppose the motion. 1  Missouri filed its opposition on October 21, 2014. (Doc. # 43). Plaintiffs replied on October 22, 2014. (Doc. # 45). 5.   Pursuant to Local Rule 7.0(g), Plaintiffs requested oral argument on their motion for summary judgment and Missouri’s motion for judgment on the pleadings.  6.   In light of the written briefs submitted by the parties and the lack of opposition by Defendant, Plaintiffs wish to withdraw their request for oral argument.  WHEREFORE Plaintiffs withdraw their request for oral argument and ask that this Court rule on the pending motions based on the written submissions. Respectfully submitted, /s/ Anthony E. Rothert Anthony E. Rothert, #44827 Grant R. Doty, #60788 Andrew McNulty, #67138 ACLU of Missouri Foundation 454 Whittier Street St. Louis, Missouri 63108 trothert@aclu-mo.org gdoty@aclu-mo.org Gillian R. Wilcox, #61278 ACLU of Missouri Foundation 3601 Main Street Kansas City, Missouri 64111 gwilcox@aclu-mo.org ATTORNEYS FOR PLAINTIFFS 1   “Within 21 days from the time the motion [for summary judgment] is filed, each party opposing the motion shall serve and file a brief written statement of the reasons in opposition to the motion.” Local Rule 56.1(b). Plaintiffs’ motion was filed forty-eight days ago; Defendant has not filed any opposition. Case 4:14-cv-00622-ODS Document 46 Filed 10/22/14 Page 2 of 3    Certificate of Service  I certify that a copy of the forgoing was filed electronically on October 22, 2014, and made available to counsel of record. . /s/ Anthony E. Rothert Case 4:14-cv-00622-ODS Document 46 Filed 10/22/14 Page 3 of 3
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