Ron Ramsay and Peter Vandervort; ) Celeste and Amber Carlson Allebach; ) Brock Dahl and Austin Lang; Michelle ) Harmon and Joy Haarstick; Bernie ) Erickson and David Hamilton; Matthew ) Lee Elmore and Beau Thomas Downey; ) and Stephanie and Siana Bock, ) ) Plaintiffs, ) JOINT MEMORANDUM IN SUPPORT OF ) MOTION FOR EXTENSION OF TIME v. ) ) Case No. 3:14-CV-57 Jack Dalrymple, in his official capacity ) as Governor; Wayne Stenehjem, in his ) official capacity as Attorney General; ) Ryan Rauschenberger, in his official ) capacity as State Tax Commissioner; ) Terry Dwelle, in his official capacity as ) State Health Officer; and Charlotte ) Sandvik, in her official capacity as Cass ) County Treasurer, ) ) Defendants. ) .....................................................................................................................................................
INTRODUCTION Plaintiffs filed their Complaint for Permanent Injunction and Declaratory Relief (Doc. 1) on June 6 2014. On June 10, 2014, they filed their First Amended Complaint for Permanent Injunction and Declaratory Relief (Doc. 19). Defendants Jack Dalrymple, in his official capacity as Governor, Wayne Stenehjem, in his official capacity as Attorney General, Ryan Rauschenberger, in his official capacity as Tax Commissioner, and Terry Dwelle, in his official capacity as State Health Officer (collectively State Defendants), filed a Motion to Dismiss on July 1, 2014 (Doc. 28). Plaintiffs filed Plaintiffs Motion for Summary Judgment and a consolidated memorandum in support of their motion and opposing State Defendants Motion to Dismiss on July 22, 2014 (Docs. 41, 42). Case 3:14-cv-00057-RRE-KKK Document 51 Filed 08/08/14 Page 1 of 4 2 The Parties jointly request that Defendants have until August 22, 2014 to file and serve their response to Plaintiffs Motion for Summary Judgment (Doc. 42). ARGUMENT Absent an extension, Defendants have 21 days to respond to Plaintiffs Motion for Summary Judgment. D.N.D. Civ. L. R. 7.1(A)(1). Due to counsel for State Defendants professional and personal schedule, including the unplanned need to attend the out-of-state funeral of his sister-in-law, the Parties request that Defendants be granted until August 22, 2014 to file and serve their response to Plaintiffs Motion for Summary Judgment. Plaintiffs agree they will not be prejudiced by the requested extension. CONCLUSION The Parties jointly request that Defendants be granted until August 22, 2014 to file and serve their response to Plaintiffs Motion for Summary Judgment (Doc. 42). Dated this 8 th day of August, 2014.
State of North Dakota Wayne Stenehjem Attorney General
By: /s/ Douglas A. Bahr Douglas A. Bahr Solicitor General State Bar ID No. 04940 Office of Attorney General 500 North 9 th Street Bismarck, ND 58501-4509 Telephone (701) 328-3640 Facsimile (701) 328-4300 Email dbahr@nd.gov
Attorneys for Defendants Jack Dalrymple, in his official capacity as Governor, Wayne Stenehjem, in his official capacity as Attorney General, Ryan Rauschenberger, in his official capacity as Tax Commissioner, and Terry Dwelle, in his official capacity as State Health Officer.
Case 3:14-cv-00057-RRE-KKK Document 51 Filed 08/08/14 Page 2 of 4 3 Dated this 8 th day of August, 2014.
By: /s/ Scott K. Porsborg Scott K. Porsborg Cass County Special Assistant States Attorneys State Bar ID No. 04904 122 East Broadway Avenue P.O. Box 460 Bismarck, ND 58502-0460 Telephone (701) 258-0630 Email sporsborg@smithbakke.com
Attorneys for Defendant, Charlotte Sandvik, in her official capacity as Cass County Treasurer.
Dated this 8 th day of August, 2014.
MADIA LAW LLC
By: /s/ Joshua A. Newville Joshua A. Newville Attorney at Law Admitted pro hac vice 345 Union Plaza 333 Washington Avenue North Minneapolis, Minnesota 55401 Telephone (612) 349-2743 Facsimile (612) 235-3357 Email joshuanewville@madialaw.com
Attorneys for Plaintiffs. Case 3:14-cv-00057-RRE-KKK Document 51 Filed 08/08/14 Page 3 of 4 CERTIFICATE OF SERVICE Case No. 3-14-CV-57 I hereby certify that on August 8, 2014, the following document: JOINT MEMORANDUM IN SUPPORT OF MOTION FOR EXTENSION OF TIME was filed electronically with the Clerk of Court through ECF, and that ECF will send a Notice of Electronic Filing (NEF) to Joshua Newville, Tom Fiebiger, and Scott Porsborg.
/s/ Douglas A. Bahr Douglas A. Bahr Solicitor General State Bar ID No. 04940 Email dbahr@nd.gov
e:\dixie\cl\bahr\briefs\constitution.brf\jorgensen\pleadings\motion extension time memorandum.docx Case 3:14-cv-00057-RRE-KKK Document 51 Filed 08/08/14 Page 4 of 4
Report of the Decision of the Supreme Court of the United States, and the Opinions of the Judges Thereof, in the Case of Dred Scott versus John F.A. Sandford
December Term, 1856.