Case 3:13-cv-00750-JGH Document 68 Filed 03/18/14 Page 1 of 3 PageID #: 981 Electronically Filed UNITED STATES DISTRICT COURT WESTERN

DISTRICT OF KENTUCKY LOUISVILLE DIVISION CASE No. 3:13-CV-750 (JGH)

GREGORY BOURKE, and MICHAEL DELEON, and I.D. and I.D., minor children, by and through their parents and next friends, GREGORY BOURKE and MICHAEL DELEON, JIMMY LEE MEADE and LUTHER BARLOWE; RANDELL JOHNSON and PAUL CAMPION; T. J.-C., T. J.-C, D.J.-C. and M.J.-C., minor children, by and through their parents and next friends, RANDELL JOHNSON and PAUL CAMPION; and KIMBERLY FRANKLIN and TAMERA BOYD and TIMOTHY LOVE, LAWRENCE YSUNZA, MAURICE BLANCHARD, and DOMINIQUE JAMES v. STEVE BESHEAR, in his official capacity as Governor of Kentucky, and JACK CONWAY, in his official capacity as Attorney General of Kentucky

PLAINTIFFS,

INTERVENING PLAINTIFFS,

DEFENDANTS/ INTERVENING DEFENDANTS. ______

NOTICE OF APPEAL BY DEFENDANT/INTERVENING DEFENDANT STEVEN L. BESHEAR, IN HIS OFFICIAL CAPACITY AS GOVERNOR OF KENTUCKY ****

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Case 3:13-cv-00750-JGH Document 68 Filed 03/18/14 Page 2 of 3 PageID #: 982 Notice is hereby given that Steven L. Beshear, in his official capacity as Governor of
Kentucky (Governor), a Defendant/Intervening Defendant in the above-named action,1 by counsel,

hereby appeals to the United States Court of Appeals for the Sixth Circuit from the Memorandum
Decision (Doc. No. 47) and Order (Doc. No. 48) of this Court entered February 12, 2014 and the Final Order entered February 27, 2014 (Doc. No. 55).

Respectfully submitted, VanAntwerp, Monge, Jones, Edwards, & McCann, LLP /s/ Leigh Gross Latherow Leigh Gross Latherow William H. Jones, Jr. Gregory L. Monge 1544 Winchester Avenue, 5th Floor P.O. Box 1111 Ashland, KY 41105-1111 (606) 329-2929; Fax (606) 329-0490 wjones@vmje.com gmonge@vmje.com llatherow@vmje.com COUNSEL FOR DEFENDANT/INTERVENING DEFENDANT, STEVEN L. BESHEAR, in his official capacity as Governor of Kentucky

For clarity, the Governor notes that the Courts Final Order was entered on February 27, 2014 (Doc. No. 55), making final and appealable the Courts prior Memorandum Opinion and Order (Doc. Nos. 47 and 48). On the same day, the Court allowed the filing of an Intervening Complaint by the Intervening Plaintiffs identified in the caption above. (Doc. No. 53, Order, and Doc. No. 54, Intervening Complaint). On the next day, the Court entered an order directing the Clerk to modify the caption of the case to remove the original Plaintiffs from the caption so that the matter could proceed in the district court identifying the Intervening Plaintiffs as the prosecuting parties on their Intervening Complaint. (Doc. No. 57). The caption of that Order identified the Governor and co-defendant as Intervening Defendants. For consistency with the Courts order regarding the current caption of the case, the Governor has identified the Defendants in this Notice of Appeal as Defendants/Intervening Defendants.
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Case 3:13-cv-00750-JGH Document 68 Filed 03/18/14 Page 3 of 3 PageID #: 983

CERTIFICATE OF SERVICE It is hereby certified that on March 18, 2014, the foregoing was filed with the clerk of the Court using the CM/ECF system, which will send a notice of electronic filing to all parties. /s/ Leigh Gross Latherow Leigh Gross Latherow

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