Case 3:13-cv-05038-FLW-LHG Document 54 Filed 10/18/13 Page 1 of 3 PageID: 1446

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY TRENTON DIVISION TARA KING, ED.D., individually and on behalf of her patients, RONALD NEWMAN, PH.D., individually and on behalf of his patients, NATIONAL ASSOCIATION FOR RESEARCH AND THERAPY OF HOMOSEXUALITY (NARTH), AMERICAN ASSOCIATION OF CHRISTIAN COUNSELORS (AACC), Plaintiffs, v. CHRISTOPHER J. CHRISTIE, Governor of the State of New Jersey, in his official capacity, ERIC T. KANEFSKY, Director of the New Jersey Department of Law and Public Safety: Division of Consumer Affairs, in his official capacity, MILAGROS COLLAZO, Executive Director of the New Jersey Board of Marriage and Family Therapy Examiners, in her official capacity, J. MICHAEL WALKER, Executive Director of the New Jersey Board of Psychological Examiners, in his official capacity; PAUL JORDAN, President of the New Jersey State Board of Medical Examiners, in his official capacity, Defendants. Case No. 3:13-cv-05038

PLAINTIFFS NOTICE OF MOTION OBJECTING TO THE COURTS DISPENSING WITH PLAINTIFFS SUPPORTING DECLARATIONS AND EVIDENCE, DISPENSING WITH EVIDENTIARY MOTIONS, AND MOTION TO DEEM CERTAIN FACTUAL ALLEGATIONS ADMITTED BY THE STATE HONORABLE JUDGE:

Plaintiffs Notice of Motion - 1

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PLEASE TAKE NOTICE that on October 11, 2013, Plaintiffs moved for this Court to reverse its prior order dispensing with the evidence Plaintiffs submitted in support of their Converted Motion for Summary Judgment and for this Court to deem certain facts admitted. PLEASE ALSO TAKE NOTICE that the Motion Docket Number is 50. A proposed form of Order is attached hereto.

Respectfully submitted, /s/ Demetrios Stratis Demetrios Stratis New Jersey Bar No. 022391991 Mathew D. Staver* Stephen M. Crampton* Daniel J. Schmid* Liberty Counsel Attorneys for Plaintiffs P.O. Box 11108 Lynchburg, VA 24502 Tel. 434-592-7000 Fax: 434-592-7700 court@LC.org *Admitted Pro Hac Vice Attorneys for Plaintiffs

Plaintiffs Notice of Motion - 2

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CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was filed electronically with the court on October 18, 2013. Service will be effectuated by the Courts electronic notification system upon all counsel of record.

/s/ Demetrios Stratis Demetrios Stratis New Jersey Bar No. 022391991

Plaintiffs Notice of Motion - 3

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY TRENTON DIVISION TARA KING, ED.D., individually and on behalf of her patients, RONALD NEWMAN, PH.D., individually and on behalf of his patients, NATIONAL ASSOCIATION FOR RESEARCH AND THERAPY OF HOMOSEXUALITY (NARTH), AMERICAN ASSOCIATION OF CHRISTIAN COUNSELORS (AACC), Plaintiffs, v. CHRISTOPHER J. CHRISTIE, Governor of the State of New Jersey, in his official capacity, ERIC T. KANEFSKY, Director of the New Jersey Department of Law and Public Safety: Division of Consumer Affairs, in his official capacity, MILAGROS COLLAZO, Executive Director of the New Jersey Board of Marriage and Family Therapy Examiners, in her official capacity, J. MICHAEL WALKER, Executive Director of the New Jersey Board of Psychological Examiners, in his official capacity; PAUL JORDAN, President of the New Jersey State Board of Medical Examiners, in his official capacity, Defendants. Case No. 3:13-cv-05038

ORDER GRANTING PLAINTIFFS MOTION TO DEEM CERTAIN FACTS ADMITTED This matter having come before this Court on Plaintiffs Converted Motion for Summary Judgment and Cross-Motions for Summary Judgment by Defendants and Intervenor-Defendants,

Plaintiffs Proposed Order to Deem Certain Facts Admitted - 1

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and the Court having considered the papers submitted herein, and for good cause shown, the Court hereby finds as follows: 1. Fed. R. Civ. P 12(a)(1)(A)(i) states that [a] defendant must serve an answer

within 21 days after being served with the summons and complaint. 2. Fed. R. Civ. P. 8(b)(6) states that [a]n allegationother than one relating to the

amount of damagesis admitted if a responsive pleading is required and the allegations is not denied. 3. Plaintiffs commenced this action on August 22, 2013 and service was effectuated

on all Defendants by August 27, 2013. 4. 5. Defendants Answer was therefore due by September 17, 2013. Neither Defendants nor Intervenor-Defendants requested leave for an extension of

time to file an Answer to Plaintiffs Complaint. 6. State Defendants have never filed an answer to Plaintiffs Complaint responding

to the specific factual allegations therein. 7. Intervenor-Defendant filed a Proposed Answer (Dkt. 19-3), but failed to

subsequently file an actual answer when granted intervention by this Court on September 16, 2013 (Dkt. 31). This Courts Order granting intervention was made in sufficient time for Intervenor-Defendants to submit their actual Answer, but they failed to timely do so. Proposed Intervenors untimely submission of an answer on October 16, 2013 is untimely and therefore insufficient. 8. Local Rule 56.1(a) states that The opponent of summary judgment shall furnish,

with its opposition papers, a responsive statement of material facts, addressing each paragraph of the movants statement, indicating agreement or disagreement and, if not agreed, stating each

Plaintiffs Proposed Order to Deem Certain Facts Admitted - 2

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material fact in dispute and citing to the affidavits and other documents submitted in connection with the motion; any material fact not disputed shall be deemed undisputed for purposes of the summary judgment motion. D.N.J. Civ. R. 56.1(a) (emphasis added). 9. Plaintiffs filed a Statement of Material Facts at the only appropriate time under

the converted motion schedule set by this Court, which was with their Response to Defendants Cross-Motion for Summary Judgment. (Dkt. 34). 10. On September 20, 2013, Plaintiffs filed a Response to Defendants Statement of

Material Facts (Dkt. 35) and a Response to Intervenor-Defendants Statement of Undisputed Facts (Dkt. 36). 11. Defendants and Intervenor-Defendants failed to file a Response to Plaintiffs

Statement of Material Facts when submitting their Response briefs in Opposition to Plaintiffs Motion for Summary Judgment. 12. As such, this Court hereby grants Plaintiffs Motion to Deem the Facts in

Plaintiffs Complaint and in their Statement of Material Facts Admitted. 13. This Court also hereby states that Plaintiffs Undisputed Testimony in their

Declarations submitted in Support of their Converted Motion for Summary Judgment are also hereby admitted and shall be considered by this Court.

________________________________________ HONORABLE FREDA L. WOLFSON, U.S.D.J.

Plaintiffs Proposed Order to Deem Certain Facts Admitted - 3