IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF MISSOURI

WESTERN DIVISION

KYLE LAWSON, et al., )
)
Plaintiffs, )
)
vs. ) Case No. 14-0622-CV-W-ODS
)
ROBERT T. KELLY, )
)
Defendant. )

ORDER (1) CLARIFYING STATUS OF MISSOURI FAMILY POLICY COUNCIL AND
(2) GRANTING MOTION FOR LEAVE TO FILE SURREPLY

On September 17, 2014 the Missouri Family Policy Council (MFPC) filed
Suggestions in Opposition to Plaintiffs Motion for Summary J udgment. MFPC did not
ask for leave to intervene, nor did it ask for permission to file an amicus brief. It just
filed a response.
Typically, only parties may participate in the litigation. There are exceptions for
those who are granted leave to participate as intervenors and those who are granted
leave to submit a filing as an amicus. So far, MFPC has no basis for doing anything in
this case.
Rather than striking MFPCs brief, the Court will sua sponte (and retroactively)
grant MFPC leave to file the Suggestions in Opposition it has already filed. There
seems little point in striking MFPCs filing only to have MFPC come back and ask for
permission to proceed. However,
1. MFPC is considered an amicus; unless and until the Court says otherwise it is
not an intervenor and has no legal standing in this case.
2. MFPC is not granted leave to file anything else absent further Order of the Court.
3. Other parties should not construe this Order as granting them leave to participate
without first obtaining leave of Court. Any future filings submitted by non-parties
without prior leave of Court will be rejected or stricken.

Case 4:14-cv-00622-ODS Document 39 Filed 10/10/14 Page 1 of 2
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Plaintiffs Motion for Leave to File Surreply (Doc. #38) is granted. The Surreply
attached to the motion is deemed filed.

IT IS SO ORDERED.



/s/ Ortrie D. Smith
ORTRIE D. SMITH, J UDGE
DATE: October 10, 2014 UNITED STATES DISTRICT COURT

Case 4:14-cv-00622-ODS Document 39 Filed 10/10/14 Page 2 of 2