Case 2:13-cv-05090-MLCF-ALC Document 73 Filed 03/20/14 Page 1 of 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JONATHAN P. ROBICHEAUX, et al., v. Plaintiffs CIVIL ACTION NO. 13-5090 SECTION F(5) JUDGE MARTIN L.C. FELDMAN MAGISTRATE MICHAEL NORTH REF: ALL CASES

JAMES D. CALDWELL, et al., Defendants

JOINT MOTION FOR BRIEFING AND ARGUMENT SCHEDULE All parties in these consolidated actions jointly move for a briefing and argument schedule for Motions for Summary Judgment and/or Rule 12(b) Motions to Dismiss as set forth in the proposed order. In support of this motion, the parties state as follows: (1). The plaintiffs and defendants in cases No. 14-97 and 14-327 plan to file

dispositive motions at an early stage of these cases. The parties request the entry of a briefing schedule for the purpose of adjudication of those motions. (2). By agreement of the parties, the proposed briefing and argument schedule

will address only those claims common to cases No. 14-97 and 14-327. Those common claims are whether the Equal Protection and/or the Due Process Clauses of the Fourteenth Amendment to the United States Constitution require defendants to recognize same-sex marriages validly entered into by the plaintiffs in other jurisdictions. (3). The parties agree that any discovery and motion practice relating to

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plaintiffs other claims will be suspended until the parties dispositive motions are adjudicated, including the issuance of a final decision in any appeals from this Courts ruling on the dispositive motions. At that time, if no final judgment has been entered, the parties will propose a schedule with respect to resolution of all remaining claims. (4). The parties respectfully suggest that the Court delay the selection of a

trial date until after the dispositive motions are adjudicated. Respectfully submitted, s/ Scott J. Spivey Scott J. Spivey, 25257 Scott J. Spivey, Esq. A Professional Law Corporation 815 Dauphine Street Suite D New Orleans, LA 70116 504-684-4904 Fax: 888-502-3935 scott@spiveyesq.com Attorney for Plaintiffs Jonathan Robicheaux, et al. s/ J. Dalton Courson J. Dalton Courson, 28542, T.A. Stone Pigman Walther Wittmann LLC 546 Carondelet St. New Orleans, LA 70130-3588 (504) 581-3200 dcourson@stonepigman.com Attorney for Plaintiffs Forum for Equality Louisiana, et al.

s/ S. Kyle Duncan S. Kyle Duncan, 25038, T.A. Special Assistant Attorney General Louisiana Department of Justice P.O. Box 94005 Baton Rouge, LA 70804 Phone: (202) 714-9492 Fax: (225) 326-6098 kduncan@duncanpllc.com Attorney for Defendants

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CERTIFICATE OF SERVICE I hereby certify that on March 20, 2014, I electronically filed the foregoing with the Clerk of Court by using the CM/ECF system, which will be electronically served on all counsel of record. /s S. Kyle Duncan S. Kyle Duncan Attorney for Defendants

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JONATHAN P. ROBICHEAUX, et al., Plaintiffs v. JAMES D. CALDWELL, et al., Defendants REF: ALL CASES CIVIL ACTION NO. 13-5090 SECTION F(5) JUDGE MARTIN L.C. FELDMAN MAGISTRATE MICHAEL NORTH

ORDER Having considered the parties joint motion for briefing and argument schedule, it is ORDERED that the motion is GRANTED. The schedule is as follows: (1). Cross-motions for summary judgment or Rule 12 motions to dismiss are due by Thursday, April 17, 2014. Memoranda in support are limited to 25 pages, not including the separate statement of undisputed material facts required by Local Rule 56.1. The plaintiffs in Case Nos. 14-97 and 14-327 shall file a joint memorandum in support of their summary judgment motions. Likewise, the defendants in Case Nos. 14-97 and 14-327 shall file a joint memorandum in support of their summary judgment motions and/or motions to dismiss. Amicus briefs supporting either side are due by Monday, May 12, 2014. Cross-responses to the motions, limited to 25 pages, are due on Monday, May 19, 2014. Any replies, not to exceed 10 pages, are due by Monday, June 2, 2014. The Court will hear oral argument on the motions on Wednesday, June 25, 2014.

(2). (3). (4). (5).

This schedule pertains only to dispositive motions relating to claims common to Case Nos. 14-97 and 14-327. Those common claims are whether the Equal Protection and/or the Due Process Clauses of the Fourteenth Amendment to the

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United States Constitution require defendants to recognize same-sex marriages validly entered into by the plaintiffs in other jurisdictions. Discovery and motion practice relating to plaintiffs other claims will be suspended until the parties dispositive motions are adjudicated, including the issuance of a final decision in any appeals from this Courts ruling on the dispositive motions. At that time, the parties will propose a schedule with respect to resolution of all remaining claims.

Entered this ____ day of ___________, 2014, in New Orleans, Louisiana.

________________________________________ UNITED STATES DISTRICT JUDGE

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