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Case 2:14-cv-02518-DDC-TJJ Document 82 Filed 01/30/15 Page 1 of 4

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF KANSAS
KANSAS CITY DIVISION
)
)
)
Plaintiffs,
)
v.
)
)
SUSAN MOSIER, M.D., in his official capacity )
)
as Secretary of the Kansas Department of
)
Health and Environment, et al.,
)
)
Defendants.
KAIL MARIE, et al.,

Case No. 14-cv-02518-DDC/TJJ

JOINT REPORT REGARDING SCHEDULING


Pursuant to the Courts Order entered on December 31, 2015 (Doc. 75), the parties file
this Joint Report regarding future scheduling in the above-captioned case:
1. Stipulations of Fact:
a. The parties have agreed upon a significant number of stipulations of fact. They
continue to negotiate over additional proposed stipulations of fact.
2. Pending Dispositive Motions:
a. On December 10, 2014, Defendants Moser, Hamilton, and Lumbreras filed motions to dismiss the claims related to the issuance of marriage licenses that Plaintiffs asserted in the First Amended Complaint. See Docs. 57 (Defendant Mosers
Motion to Dismiss) & 58 (Motion of Defendants Hamilton and Lumbreras to
Dismiss). Those motions to dismiss are fully briefed. See Docs. 67 & 68 (Plaintiffs Responses in Opposition) and Docs. 76 & 77 (Reply Briefs of Defendant
Moser and Defendants Hamilton & Lumbreras).

Case 2:14-cv-02518-DDC-TJJ Document 82 Filed 01/30/15 Page 2 of 4

b. On January 20, 2015, Defendants Jordan, Kaspar, and Michael filed a Motion to
Dismiss the claims related to the recognition of same-sex marriages that Plaintiffs
asserted in the First Amended Complaint. See Doc. 79. Plaintiffs response to that
motion to dismiss is due to be filed on or before February 13, 2015.
3. Discovery and Further Scheduling: The parties disagree on the need for discovery
and on the timing of further proceedings in this case. Thus, the parties set forth separate proposals regarding discovery and further scheduling:
a. Plaintiffs:
i. Discovery: Plaintiffs do not believe that any discovery in this case is necessary because the relevant and material facts are generally not in dispute and
are largely if not exclusively within the control of Defendants. If the
Court allows limited discovery, Plaintiffs ask that the Court require Defendants to make a specific showing of the subjects of discovery and the need for
such discovery.
ii. Dispositive Motions: Plaintiffs continue to suffer irreparable harm as a result of Defendants refusal to recognize same-sex marriages for various purposes, and Plaintiffs seek an expeditious ruling on their claims. Thus, Plaintiffs will soon file a motion for summary judgment on all claims. Plaintiffs
suggest that response and reply briefs to that motion be filed in accordance
with the time limits set forth in D. Kan. R. 6.1(d).
b. Defendants:
i. Discovery:
1. Defendants believe that the following discovery is necessary:

Case 2:14-cv-02518-DDC-TJJ Document 82 Filed 01/30/15 Page 3 of 4

a. Interrogatories and requests for production


b. Possible depositions of some of the plaintiffs
2. Defendants propose the following schedule to complete discovery in
this case:
a. Exchanges of paper discovery requests should be served no later
than February 23, 2015.
b. Following receipt of responses to paper discovery, any depositions
should be noticed to occur no later than April 22, 2015.
ii. Dispositive Motions & Hearing: Any dispositive motions should be filed no
later than May 22, 2015. In the event an evidentiary hearing is required, that
hearing will be set within 30 days following the decision on the parties dispositive motions.
Respectfully submitted,
/s/ Stephen Douglas Bonney
Stephen Douglas Bonney, KS Bar No. 12322
ACLU Foundation of Kansas
3601 Main Street
Kansas City, MO 64111
Tel. (816) 994-3311
Fax: (816) 756-0136
dbonney@aclukansas.org
Mark P. Johnson, KS Bar #22289
Dentons US, LLP
4520 Main Street, Suite 1100
Kansas City, MO 64111
816/460-2400
816/531-7545 (fax)
Mark.johnson@dentons.com

Case 2:14-cv-02518-DDC-TJJ Document 82 Filed 01/30/15 Page 4 of 4

Joshua A. Block [admitted pro hac vice]


AMERICAN CIVIL LIBERTIES
UNION FOUNDATION
125 Broad Street, 18th Floor
New York, NY 10004
(212) 549-2593
jblock@aclu.org
ATTORNEYS FOR PLAINTIFFS
and
OFFICE OF ATTORNEY GENERAL
DEREK SCHMIDT
By: s/ Steve R. Fabert
Steve R. Fabert, KS Sup. Ct. No. 10355
Assistant Attorney General
120 SW 10th, 2nd Floor
Topeka, Kansas 66612
Tel: 785-368-8420; Fax: (785)-291-3767
E-mail: steve.fabert@ag.ks.gov
FOR DEFENDANTS MOSIER, JORDAN,
KAPLAN, & MICHAEL
OFFICE OF ATTORNEY GENERAL
DEREK SCHMIDT
s/ M.J. Willoughby
M.J. Willoughby, KS No. 14059
Assistant Attorney General
Memorial Bldg., 2nd Floor
120 SW 10th Avenue
Topeka, Kansas 66612-1597
Tel: (785) 296-2215; Fax: (785) 291-3767
Email: MJ.Willoughby@ag.ks.gov
FOR DEFENDANTS HAMILTON &
LUMBRERAS