JONI J.

JONES (7562)
KYLE J. KAISER (13924)
Assistant Utah Attorneys General
PARKER DOUGLAS (8924)
Utah Federal Solicitor and Chief of Staff
OFFICE OF THE UTAH ATTORNEY GENERAL
160 East 300 South, Sixth Floor
P.O. Box 140856
Salt Lake City, Utah 84114-0856
Telephone: (801) 366-0100
Facsimile: (801) 366-0101
E-mail: jonijones@utah.gov
kkaiser@utah.gov
pdouglas@utah.gov
______________________________________________________________________________

IN THE UNITED STATES COURT OF APPEALS
FOR THE TENTH CIRCUIT


JONELL EVANS, STACIA IRELAND,
MARINA GOMBERG, ELLENOR
HEYBORNE, MATTHEW BARRAZA,
TONY MILNER, DONALD JOHNSON, and
CARL FRITZ SHULTZ,

Plaintiffs/Respondents,
v.

STATE OF UTAH, GOVERNOR GARY
HERBERT, in his official capacity; and
ATTORNEY SEAN REYES, in his official
capacity,

Defendants/Appellants.




Motion for enlargement of time
to file Opening Brief



Case No. 14-4060


Pursuant to Rule 26(b) of the Federal Rules of Appellate Procedure and Tenth Circuit Rule
27.4, Appellants move the Court for a thirty-day enlargement of time, up to and including October
22, 2014, for Appellants to file their opening brief. The grounds for this motion are: 1) this case is
factually and legally complex and relates to the constitutionality of Utahs marriage statutes and
Appellate Case: 14-4060 Document: 01019296831 Date Filed: 08/18/2014 Page: 1
the recognition of same-sex marriages in Utah, and more time is necessary to adequately address
the novel issues presented; 2) Counsel Parker Douglas has a brief due in Ute Tribe v. Utah et al.,
14-4028 &14-4031, that is complex and due to this Court September 3, 2014; 3) Preparation of the
certiorari petition in Kitchen v. Herbert took time more of counsels time than expected; 4) Parker
Douglas is travelling this week to meet with the US Solicitor General on another matter; 5) Parker
Douglas is participating in depositions 9/5 and 9/8 in the Ute cases that are the underlying matters
in appeals 14-4-28 & 14-4031; and 6) Assistant Counsel Jones and Kaisers primary work is in the
trial court and not with appellate matters, so they must rely on other appellate counsel, who is busy
with the case-load described.
In addition, Appellants= Opening brief is currently due Monday, September 22, 2014. No
extensions of time have been previously requested or given for this opening brief.
Opposing counsel was contacted on August 18, 2014, and Plaintiffs oppose this motion.
WHEREFORE, Appellants move the Court for a thirty-day enlargement of time, to and
including Wednesday, October 22, 2014, for Appellants to file their opening brief in this appeal.
DATED this 18
th
day of August, 2014.

OFFICE OF THE UTAH ATTORNEY GENERAL


Joni J. Jones
JONI J. JONES
KYLE J. KAISER
Assistant Utah Attorneys General
PARKER DOUGLAS
Utah Federal Solicitor and Chief of Staff
Counsel for Defendants
Appellate Case: 14-4060 Document: 01019296831 Date Filed: 08/18/2014 Page: 2

3
CERTIFICATE OF SERVICE


Pursuant to Section II(I) of the Court=s CM/ECF User=s Manual, the undersigned certifies that
all required privacy redactions have been made and this document 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.

The undersigned also certifies that on August 18, 2014, a true, correct and complete copy of
this document was filed with the Court and served on the following via the Court=s ECF system:
Erik Strindberg
Lauren I Scholnick
Kathryn K. Harstad
Rachel E. Otto
STRINDBERG & SCHOLNICK, LLC
675 East 2100 South, Ste. 350
Salt Lake City, UT 84106

John M. Mejia
Leah M. Farrell
ACLU of Utah
355 North 300 West
Salt Lake City, Utah 84103

Peggy Wheeler-Estrada




Appellate Case: 14-4060 Document: 01019296831 Date Filed: 08/18/2014 Page: 3