Inniss et al v. Aderhold et al

Filing 56

ORDER that Plaintiffs and Defendants Davidson and Toomer shall, on or before January 28, 2015, file their response to the Motion to Stay 53 , so that the Court can determine whether a Stay is warranted. IT IS FURTHER ORDERED that Defendants Aderholds and Fentons Consent Motion to Extend Time to Answer the Amended Complaint 55 is GRANTED. The Court will determine the schedule for filing an Answer to the Amended Complaint after it determines if this matter will be stayed. Signed by Judge William S. Duffey, Jr on 1/23/15. (hfm)

On January 20, 2015, Defendants Aderhold and Fenton filed their Motion to
Stay, in which they request the Court to stay this action until the United States
Supreme Court decides whether the Fourteenth Amendment requires a State to (1)
license a marriage between two people of the same sex, and (2) recognize a
marriage between two people of the same sex when their marriage was lawfully
licensed and performed out-of-state. On January 16, 2015, the United States
Supreme Court granted certiorari in four cases to address these two questions.
See Obergefell v. Hodges; 14-556; Tanco v. Haslam, 14-562; DeBoer v. Snyder,
14-571, Bourke v. Beshear, 14-574 (the “Cases”). Plaintiffs do not oppose, and
nor do they express a view on why they do not oppose, the Motion to Stay.
Defendants Davidson and Toomer have not expressed a view on the Motion to
Stay.
On January 22, 2015, Defendants Aderhold and Fenton filed their Consent
Motion to Extend Time to Answer the Amended Complaint. Defendants’ Answer
to the Amended Complaint is due on January 26, 2015. Defendants Aderhold and
Fenton seek an extension of time to file an Answer “until either the Supreme Court
rules and a scheduling order is entered subsequent to the grant of the [M]otion to
[S]tay or until 14 days after the Court denies Defendants’ [M]otion to Stay.”
Mot. to Extend at 2. Having considered the issues on which the United States

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Supreme Court has granted certiorari in the Cases, and the status of the motions
pending before the Court,
IT IS HEREBY ORDERED that Plaintiffs and Defendants Davidson and
Toomer shall, on or before January 28, 2015, file their response to the Motion to
Stay, so that the Court can determine whether a Stay is warranted.
IT IS FURTHER ORDERED that Defendants Aderhold’s and Fenton’s
Consent Motion to Extend Time to Answer the Amended Complaint is
GRANTED. The Court will determine the schedule for filing an Answer to the
Amended Complaint after it determines if this matter will be stayed.

SO ORDERED this 23rd day of January, 2015.

_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE

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