Case: 0:15-cv-00044-DLB Doc #: 62 Filed: 08/28/15 Page: 1 of 3 - Page ID#: 1297

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF KENTUCKY
ASHLAND DIVISION
APRIL MILLER, ET AL.,
Plaintiffs,
v.
KIM DAVIS, ET AL.,
Defendants.

KIM DAVIS,
Third-Party Plaintiff,
v.
STEVEN L. BESHEAR, in his official
capacity as Governor of Kentucky, and
WAYNE ONKST, in his official capacity
as State Librarian and Commissioner,
Kentucky Department for Libraries and
Archives,
Third-Party Defendants.

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CIVIL ACTION
0:15-CV-00044-DLB
DISTRICT JUDGE
DAVID L. BUNNING

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DEFENDANT/THIRD-PARTY PLAINTIFF KIM DAVIS

MOTION TO EXTEND TEMPORARY STAY OF INJUNCTION ORDER
Defendant/Third-Party Plaintiff Kim Davis (Davis), pursuant to Federal Rule of Civil
Procedure 62(c) and Local Rule 7.1, moves for an order extending this Courts temporary stay
(Doc. 55) of the injunction entered against Davis in the Courts August 12, 2015 Memorandum
Opinion and Order (Doc. 43, the Injunction Order), pending final resolution of Davis
Emergency Application to Stay Preliminary Injunction Pending Appeal filed in the Supreme Court
of the United States today.

Case: 0:15-cv-00044-DLB Doc #: 62 Filed: 08/28/15 Page: 2 of 3 - Page ID#: 1298

This Court granted Davis a temporary stay of the Injunction Order through August 31,
2015. (Docs. 52, 55.) The Courts reason for granting the temporary stay was deference to the
Sixth Circuit Court of Appeals . . . to give the appellate court an opportunity to review, on an
expedited basis, Davis request for a stay pending appeal. (Doc. 55 at 1.) The Sixth Circuit entered
an order denying Davis motion for stay pending appeal by Order dated August 26, 2015. (6th Cir.
Case No. 15-5880, Doc. 28-1.) Davis filed today, however, in the Supreme Court of the United
States, an emergency application to stay the Injunction Order. Accordingly, Davis now requests
that this Court extend the same deference to the Supreme Court, to give the Supreme Court an
opportunity to review and finally decide Davis emergency application for stay.1
WHEREFORE, Defendant/Third-Party Plaintiff Kim Davis respectfully requests that this
Court extend the temporary stay of the Injunction Order pending the Supreme Courts final
disposition of her emergency application for a stay pending appeal, by the form of the proposed
order attached hereto.
DATED: August 28, 2015
A.C. Donahue
Donahue Law Group, P.S.C.
P.O. Box 659
Somerset, Kentucky 42502
Tel: (606) 677-2741
Fax: (606) 678-2977
ACDonahue@DonahueLawGroup.com

Respectfully submitted:
/s/ Roger K. Gannam
Roger K. Gannam
Jonathan D. Christman
Liberty Counsel
P.O. Box 540774
Orlando, Florida 32854
Tel: (800) 671-1776
Fax: (407) 875-0770
rgannam@lc.org
jchristman@lc.org
Attorneys for Defendant/Third-Party Plaintiff
Kim Davis

Additional substantive argument in support of a stay of this Courts Injunction Order

pending appeal were presented in Davis Memorandum of Law in Support of Her Motion to Stay
the August 12, 2015 Injunction Order Pending Appeal (Doc. 45-1), which is incorporated herein
and in support hereof by this reference.
2

Case: 0:15-cv-00044-DLB Doc #: 62 Filed: 08/28/15 Page: 3 of 3 - Page ID#: 1299

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing was filed via the Courts ECF
filing system and therefore service will be effectuated by the Courts electronic notification system
upon all counsel or parties of record:
Daniel J. Canon
L. Joe Dunman
Laura E. Landenwich
CLAY DANIEL WALTON ADAMS, PLC
462 S. Fourth Street, Suite 101
Louisville, KY 40202
dan@justiceky.com
joe@justiceky.com
laura@justiceky.com

Jeffrey C. Mando
Claire Parsons
ADAMS, STEPNER, WOLTERMANN &
DUSING, PLLC
40 West Pike Street
Covington, KY 41011
jmando@aswdlaw.com
cparsons@aswdlaw.com
Attorneys for Rowan County

William Ellis Sharp

ACLU OF KENTUCKY
315 Guthrie Street, Suite 300
Louisville, KY 40202
sharp@aclu-ky.org
Attorneys for Plaintiffs

William M. Lear, Jr.

Palmer G. Vance II
STOLL KEENON OGDEN PLLC
300 West Vine Street, Suite 2100
Lexington, Kentucky 40507-1380
Attorneys for Governor Steven L. Beshear
and Commissioner Wayne Onkst

DATED: August 28, 2015

/s/ Roger K. Gannam

Roger K. Gannam
Attorney for Defendant/Third-Party Plaintiff
Kim Davis

Case: 0:15-cv-00044-DLB Doc #: 62-1 Filed: 08/28/15 Page: 1 of 2 - Page ID#: 1300

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF KENTUCKY
ASHLAND DIVISION
APRIL MILLER, ET AL.,

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Plaintiffs,
v.
KIM DAVIS, ET AL.,
Defendants.

KIM DAVIS,
Third-Party Plaintiff,
v.
STEVEN L. BESHEAR, in his official
capacity as Governor of Kentucky, and
WAYNE ONKST, in his official capacity
as State Librarian and Commissioner,
Kentucky Department for Libraries and
Archives,
Third-Party Defendants.

CIVIL ACTION
0:15-CV-00044-DLB
DISTRICT JUDGE
DAVID L. BUNNING

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[PROPOSED] ORDER
This Court, having reviewed Defendant/Third-Party Plaintiff Kim Davis Motion to Extend
Temporary Stay of Injunction Order, and any responses thereto, and for good cause shown,
GRANTS the Motion.
IT IS HEREBY ORDERED that the injunction entered by this Court against Kim Davis in
its August 12, 2015 Memorandum Opinion and Order (Doc. 43) is hereby temporarily stayed until

Case: 0:15-cv-00044-DLB Doc #: 62-1 Filed: 08/28/15 Page: 2 of 2 - Page ID#: 1301

final resolution of Davis Emergency Application to Stay Preliminary Injunction Pending Appeal
by the Supreme Court of the United States.
_____________________________
HON. DAVID L. BUNNING
DISTRICT JUDGE