UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF MISSOURI

Kyle Lawson, et al., )
)
Plaintiffs, )
)
v. ) No. 4:14-cv-00622-ODS
)
Robert Kelly, )
Defendant. )
___________________________________ )
)
State of Missouri, )
)
Intervenor. )


CONSENT MOTION TO STAY ORDER SETTING DEADLINE FOR FILING OF
JOINT PROPOSED SCHEDULING ORDER AND FOR RULE 26(F) CONFERENCE

Come now Plaintiffs, with consent of Defendant and Intervenor, and move this Court for
entry of an order staying the deadlines in this Courts Order of July 22, 2014 (Doc. # 6). In
support, they state:
1. In this case, Plaintiffs allege that Missouris laws excluding same-sex couples
from marriageMo. Rev. Stat. 451.022, Mo. Const. art. I, 33, and any other provision of
Missouri statutory or common law barring same-sex couples from marryingviolate the Due
Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United
States Constitution.
2. On July 22, 2014, this Court entered an order setting a deadline of October 14,
2014 by which the parties must file a joint proposed scheduling order/discovery plan and a
deadline of September 30, 2014, by which the parties must hold a Rule 26(f) conference.
3. There are now pending before this Court motions that, if granted, will terminate
the proceedings in this Court without the necessity of conducting discovery. Moreover, the
Case 4:14-cv-00622-ODS Document 24 Filed 09/09/14 Page 1 of 3
parties cannot assess what discovery, if any, would be necessary to resolve this case on the
merits should this Court deny each of the pending motions until such time as this Court addresses
those motions.
4. Although counsel for the parties have communicated and have an amicable
working relationship, this case is not amenable to settlement because it involves the
constitutionality of state laws, which is an issue about which the parties have an irreconcilable
difference of opinion that will require judicial determination.
5. Undersigned counsel has contacted counsel for Defendant and Intervenor.
Counsel for each indicates consent to this request.
WHEREFORE Plaintiffs respectfully request this Court enter an order staying the deadlines set
forth in the Order of July 22, 2014, and allow such other and further relief as is just and proper
under the circumstances.
Respectfully submitted,

/s/ Anthony E. Rothert
Anthony E. Rothert, #44827
Grant R. Doty, #60788
ACLU of Missouri Foundation
454 Whittier Street
St. Louis, Missouri 63108
trothert@aclu-mo.org
gdoty@aclu-mo.org

Gillian R. Wilcox, #61278
ACLU of Missouri Foundation
3601 Main Street
Kansas City, Missouri 63111
gwilcox@aclu-mo.org

ATTORNEYS FOR PLAINTIFFS

Case 4:14-cv-00622-ODS Document 24 Filed 09/09/14 Page 2 of 3

Certificate of Service

I certify that a copy of the forgoing was filed electronically on September 9, 2014, and
made available to counsel of record.
.
/s/ Anthony E. Rothert

Case 4:14-cv-00622-ODS Document 24 Filed 09/09/14 Page 3 of 3