Inniss et al v. Aderhold et al

Filing 33

Consent MOTION for Extension of Time to Oppose Defendant Deborah Aderhold's 29 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION To Exceed Page Limit by Michael Bishop, Avery Chandler, Rayshawn Chandler, Christopher Inniss, Jennifer Sisson, Shelton Stroman, Johnny Shane Thomas. (Attachments: # 1 Text of Proposed Order)(Borelli, Tara) Added MOTION for Leave to File Excess Pages on 7/25/2014 (anc).

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

CHRISTOPHER INNISS, et al.,

Civil Action Number
1:14-cv-01180-WSD  

Plaintiffs,
v.
DEBORAH ADERHOLD, et al.,
Defendants.

PLAINTIFFS’ CONSENT MOTION FOR
EXTENSION OF TIME AND TO EXCEED PAGE LIMIT
Plaintiffs Christopher Inniss and Shelton Stroman, RayShawn Chandler and
Avery Chandler, Michael Bishop and Johnny Shane Thomas, and Jennifer Sisson
respectfully move the Court for (i) an extension of 29 days to serve their
opposition to Defendant Deborah Aderhold’s Motion to Dismiss the Complaint
(“Motion”); and (ii) leave to file a brief of up to 40 pages – the same length as Ms.
Aderhold’s brief in support of the Motion. ECF No. 29. All parties have
consented to the relief sought in this motion.
Request for Extension of Time. Plaintiffs filed their Complaint on April
22, 2014. ECF No. 1. Ms. Aderhold waived service of the summons, allowing her

60 days, until June 21, 2014 to respond to the Complaint. ECF No. 11. The Court
granted Ms. Aderhold a 30-day extension, until July 21, 2014, providing her with a
total of 90 days to respond to Plaintiffs’ Complaint. ECF No. 23.1
Ms. Aderhold moved to dismiss Plaintiffs’ Complaint on July 21, 2014.
ECF No. 29. Under Fed. R. Civ. P. 6(d) and Local Rule 7.1(B), Plaintiffs’
opposition brief is due on August 7, 2014. Plaintiffs respectfully request leave to
serve their opposition brief no later than September 5, 2014, 29 days after their
current due date. Plaintiffs’ request not only mirrors Ms. Aderhold’s 30-day
extension, ECF No. 23, but will allow preparation of a thorough response to the
major, substantive issues raised in Ms. Aderhold’s brief. This request also is
warranted because Ms. Aderhold’s brief is 40 pages, which is significantly longer
than the 25-page briefs that the motion practice rules were designed to address. LR
7.1(D).
Request for Additional Pages. After receiving leave from the Court on
July 18, 2014 to file an overlength brief, Ms. Aderhold submitted a 40-page brief
supporting her motion to dismiss. ECF Nos. 28, 29-1. Plaintiffs request
permission to serve an opposition brief up to 40 pages, so that they are provided
comparable, sufficient space to respond to Ms. Aderhold’s treatment of the issues.

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Plaintiffs consented to Ms. Aderhold’s request for the 30-day extension.
2

The additional pages are also warranted to allow Plaintiffs to present the extensive
authority about marriage for same-sex couples issued in more than two dozen
decisions since United States v. Windsor, 133 S. Ct. 2675 (2013).
For all the reasons above, Plaintiffs respectfully request that the Court enter
the attached proposed order extending Plaintiffs’ time to serve their opposition
brief, of up to 40 pages in length, to September 5, 2014.
Respectfully submitted this 24th day of July, 2014,
LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC.

BRYAN CAVE LLP
William V. Custer (Bar No. 202910)
Jennifer D. Odom (Bar No. 549717)
Jennifer B. Dempsey (Bar No. 217536)
Luke A. Lantta (Bar No. 141407)
1201 W. Peachtree Street, N.W.
Fourteenth Floor
Atlanta, GA 30309
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

/s/ Tara L. Borelli
.
Tara L. Borelli (Bar No. 265084)
Gregory R. Nevins (Bar No. 539529)
Elizabeth L. Littrell (Bar No. 454949)
730 Peachtree Street, NE, Suite 1070
Atlanta, Georgia 30308
Phone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
[e-mail]

BRYAN CAVE LLP
Douglas E. Winter (Pro Hac Vice)
1155 F. Street, NW, Suite 700
Washington, DC 20004
Phone: [phone]
Fax: [phone]
[e-mail]

LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC.
Susan L. Sommer (Pro Hac Vice)
120 Wall Street, 19th Floor
New York, NY 10005
Phone: [phone]
Fax: [phone]
[e-mail]
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WHITE & CASE LLP
David P. Draigh (Pro Hac Vice)
Southeast Financial Center
200 South Biscayne Boulevard
Suite 4900
Miami, Florida 33131-2352
Phone: [phone]
Fax: [phone]
[e-mail]
Counsel for Plaintiffs

LOCAL RULE 7.1(D) CERTIFICATION OF COMPLIANCE
I certify that this pleading has been prepared with Times New Roman font,
14 point, as approved by the Court in L.R. 5.1(C), N.D. Ga.
Respectfully submitted, this 24th day of July 2014.
/s/ Tara L. Borelli
Tara L. Borelli (Bar No. 265084)
[e-mail]

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CERTIFICATE OF SERVICE
I hereby certify that on July 24, 2014, I electronically filed the foregoing
document with the Clerk of Court using the CM/ECF system which will
automatically send email notification to the following attorneys of record:
Tara L. Borelli
Susan L. Sommer (Pro Hac Vice)
Gregory R. Nevins
Elizabeth L. Littrell
LAMBDA LEGAL DEFENSE AND
EDUCATION FUND, INC.
Attorneys for Plaintiffs

William V. Custer
Douglas E. Winter (Pro Hac Vice)
Jennifer D. Odom
Jennifer B. Dempsey
Luke A. Lantta
BRYAN CAVE LLP
Attorneys for Plaintiffs

Nels Peterson
Devon Orland
OFFICE OF STATE ATTORNEY GENERAL
Attorneys for Defendant Deborah
Aderhold

David P. Draigh (Pro Hac Vice)
WHITE & CASE LLP
Attorneys for Plaintiffs

Diana L. Freeman
Kaye W. Burwell
R. David Ware
FULTON COUNTY ATTORNEY’S OFFICE
Attorneys for Defendant Hon. Judge
Pinkie Toomer

Frank E. Jenkins, III
Michael Van Stephens, II
Robert L. Walker
JENKINS & BOWEN, P.C.
Attorneys for Defendant Brook
Davidson

I further certify that all attorneys of record are CM/ECF participants.
/s/ Tara L. Borelli
Tara L. Borelli (Bar No. 265084)
Attorney for Plaintiffs
LAMBDA LEGAL DEFENSE AND EDUCATION FUND, INC.
730 Peachtree Street, NE, Suite 1070
Atlanta, Georgia 30308
Phone: [phone] | [e-mail]
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