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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. )


WITHDRAWAL OF REQUEST FOR ORAL ARGUMENT

Come now Plaintiffs and withdraw their request for oral argument. In support, Plaintiffs
state:
1. In this case, Plaintiffs allege that Missouris laws excluding same-sex couples from
marriageMo. 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 Missouris 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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