13-4178 #5755 state's supplement to motion for stay

8/13/2019 13-4178 #5755 State's Supplement to motion for Stay

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UNITED STATES COURT OF APPEALS

FOR THE TENTH CIRCUIT

DEREK KITCHEN, individually;MOUDI SBEITY, individually;

KAREN ARCHER, individually;

KATE CALL, individually;

LAURIE WOOD, individually; and

KODY PARTRIDGE, individually,

Plaintiffs - Appellees,

v.

GARY R. HERBERT, in his official

capacity as Governor of Utah, and

BRIAN L. TARBET, in his official

capacity as Acting Attorney

General of Utah,

Defendants Appellants,

and

SHERRIE SWENSEN, in her

official capacity as Clerk of Salt

Lake County.

Defendant.

No. 13-4178

STATE DEFENDANTS APPELLANTS SUPPLEMENTAL

SUBMISSION REGARDING FACTUAL BACKGROUND TO

MOTIONS FOR STAY PENDING APPEAL AND TEMPORARY

STAY PENDING RESOLUTION OF MOTION TO STAY

______________________________________________________

Appellate Case: 13-4178 Document: 01019177122 Date Filed: 12/24/2013 Page: 1

EQCF#13 Docket Reference [10135755]


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Utah State Defendants Governor Gary R. Herbert and Acting

Attorney General Brian L. Tarbet, by and through their counsel of

record, submit the attached Declaration of Stanford E. Purser to

formally document the factual allegations of paragraphs 4 and 5 of the

Facts Section of their December 23, 2013 Motions for Stay Pending

Appeal and Temporary Stay Pending Resolution of Motion to Stay.

Dated this 24thday of December, 2013.

Respectfully submitted,

BRIAN L. TARBET

Acting Utah Attorney General

s/ Stanford E. Purser

STANFORD E. PURSER

Assistant Utah Attorneys GeneralP.O. Box 140856

160 East 300 South

Salt Lake City, Utah 84114-0856

801-366-0100 (phone)

[email protected]



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ECF CERTIFICATIONS

Pursuant to Section II(I) of the Courts CM/ECF Users Manual,

the undersigned certifies that:

1. all required privacy redactions have been made;

2. hard copies of the foregoing motion required to be submitted to

the clerks office are exact copies of the brief as filed via ECF;

and

3. the brief filed via ECF was scanned for viruses with the most

recent version of Microsoft Security Essentials v. 2.1.111.6.0,

and according to the program is free of viruses.


CERTIFICATE OF SERVICE

I hereby certify that on the 24thof December, 2013, a true, correct

and complete copy of the foregoing Motion to Stay Pending Appeal was

filed with the Court and served on the following via the Courts ECF

system:

Peggy A. Tomsic [email protected]

James E. Magleby [email protected]

Jennifer Fraser Parrish [email protected]

MAGLEBY & GREENWOOD, P.C.

170 South Main Street, Suite 850


Ralph Chamness [email protected] M. Goddard [email protected]

Salt Lake County District Attorneys

2001 South State, S3500





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13-4178 #5755 state's supplement to motion for stay

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