PARKER DOUGLAS (8924)

Utah Federal Solicitor and Chief of Staff

JONI J. JONES (7562)
KYLE J. KAISER (13924)
Assistant Utah Attorneys General
OFFICE OF THE UTAH ATTORNEY GENERAL
350 North State Street, Ste. 230
Salt Lake City, Utah 84114-2320
Telephone: (801) 538-1191
Telecopier: (801) 366-0101
E-mail: pdouglas@utah.gov
jonijones@utah.gov
kkaiser@utah.gov

______________________________________________________________________________

IN THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT


JONELL EVANS, STACIA IRELAND,
MARINA GOMBERG, ELLENOR
HEYBORNE, MATTHEW BARRAZA,
TONY MILNER, DONALD JOHNSON,
and CARL FRITZ SHULTZ,

Plaintiffs/Appellees,
v.

STATE OF UTAH; GOVERNOR GARY
R. HERBERT, in his official capacity;
and ATTORNEY SEAN D. REYES, in
his official capacity,

Defendants/Appellants.





MOTION TO DISMISS
APPEAL



Case No. 14-4060




Appellate Case: 14-4060 Document: 01019322276 Date Filed: 10/07/2014 Page: 1

2
Pursuant to 42(b) of the Federal Rules of Appellate Procedure Appellants, and
Tenth Circuit Rules 27.2(1)(b) and (c), and the State of Utah, Utah Governor Gary R.
Herbert and Utah Attorney General Sean D. Reyes, hereby move to dismiss the
above-captioned appeal and to remand the case to the district court for the
determination of appropriate costs and fees at the appellate court and at the trial
court, if any. As required by Tenth Circuit Rule 27.3(c), undersigned counsel
contacted opposing counsel, Mr. John Mejia, via telephone, who indicated that
Appellees had no objection to dismissal of this appeal and agree to a remand to the
district court for any further proceedings.
In Kitchen v. Herbert, this Court held that the Fourteenth Amendment
protects the fundamental right to marry, 755 F.3d 1193, 1199 (10th Cir. 2014), and
that Utah was prohibited from enforcing its statutory and constitutional mandates
that marriage be only between one man and one woman, id. at 122930. On October
6, 2014, the United States Supreme Court denied certiorari in Herbert v. Kitchen,
Docket No. 14-124, and this Court issued its mandate in the case. With this Courts
mandate in effect, Utah is constitutionally required to recognize the marriages of the
same-sex couples who were plaintiffs in this action. Therefore, the State of Utahs
appeal of the district courts order of preliminary injunction requiring such
recognition, as the law stands today, is moot.
Accordingly, Appellants respectfully request that the Court grant this motion,
dismiss the appeal, and remand the case to the district court for determination of
Appellees reasonable costs and/or fees, if any.
Appellate Case: 14-4060 Document: 01019322276 Date Filed: 10/07/2014 Page: 2
3


DATED: October 7, 2014.

OFFICE OF THE UTAH ATTORNEY GENERAL


/s/Parker Douglas
PARKER DOUGLAS
Utah Federal Solicitor and Chief of Staff
Counsel for Defendants/Appellants


Appellate Case: 14-4060 Document: 01019322276 Date Filed: 10/07/2014 Page: 3

4
CERTIFICATE OF SERVICE


Pursuant to Section II(I) of the Court=s CM/ECF User=s Manual, the undersigned
certifies that all required privacy redactions have been made and this document was
scanned for viruses with the most recent version of Microsoft Security Essentials v.
2.1.111.6.0, and, according to the program, is free of viruses.

The undersigned also certifies that on October 7, 2014, a true, correct and complete
copy of this document was filed with the Court and served on the following via the
Court=s ECF system:

Erik Strindberg
Lauren I. Scholnick
Kathryn K. Harstad
Rachel E. Otto
STRINDBERG & SCHOLNICK, LLC
675 East 2100 South, Ste. 350
Salt Lake City, UT 84106

John M. Mejia
Leah M. Farrell
ACLU of Utah
355 North 300 West
Salt Lake City, Utah 84103

Cecilia Lesmes





Appellate Case: 14-4060 Document: 01019322276 Date Filed: 10/07/2014 Page: 4