Sign Up to Receive Email Action Alerts From Issa Exposed
×

Marriage equality: new filings in Sevcik v. Sandoval, Nevada marriage equality case

Marriage equality Marriage Equality Trials Sevcik v Sandoval

By Scottie Thomaston

Via Kathleen in Quick Hits, we have several new filings in Nevada’s marriage equality case, Sevcik v. Sandoval. Recently, as we reported, the Coalition for the Protection of Marriage filed a motion to intervene in the case to defend the marriage law. As we wrote:

The Coalition was one of the proponents behind the ballot initiative, Question 2, that put a marriage ban in the Nevada state constitution in 2002. Because of that, the Coalition argues that it has a stake in the outcome of the case and should be allowed to intervene. It will be interesting to see how the district court handles this application, which is similar in some ways to other applications for intervention made in the Prop 8 case in California.

Then, we covered the remaining responses to the initial complaint in the case. There are four defendants in the case, and we first covered Governor Sandoval’s response, then subsequently saw the filings from the other three defendants.

Now, as Kathleen reports:

Stipulated to Discovery Plan and Scheduling Order.

Responses to the Coalition for the Protection of Marriage’s motion to intervene:
- Defendant Alan Glover’s statement of non-opposition
- Defendant Brian Sandoval’s statement of non-opposition
- Plaintiff’s Opposition to motion to intervene

From the documents we learn that:

1. The parties want to proceed on an expedited schedule, and the judge says that all parties agree that “any party wishing to file a motion for summary judgment will do so within 21 days following any denial of the pending motion to dismiss, or within 21 days following the ruling on the pending motion to intervene, whichever is later in time.”

2. Two of the defendants do not oppose the motion to intervene by the Coalition.

3. The plaintiffs (same-sex couples) do oppose intervention, unless the court allows for limited intervention. The plaintiffs want the court to allow the Coalition to intervene only under certain conditions:

Plaintiffs respectfully request that the Court deny the Coalition’s motion to intervene as of right but allow it to participate as a permissive intervenor subject to the following conditions: (1) the government shall continue to be the lead defendants, and as such shall control the scope of discovery on behalf of the government defendants and the Coalition; (2) the Coalition shall not introduce witnesses on topics duplicative of those addressed by witnesses introduced by the government defendants; and (3) the Coalition shall adhere to the Stipulated Discovery Plan and Scheduling Order jointly filed by the parties and shall make its best efforts to comply with future deadlines agreed upon by Plaintiffs and the government defendants.

They say Ninth Circuit precedent suggests the Coalition isn’t entitled to intervene in the case to defend the passed ballot initiative as a matter of right.

5 Comments Leave a Comment

  • 1. Sagesse  |  June 4, 2012 at 12:12 pm

    @

  • 2. James A. Tuttle  |  June 4, 2012 at 12:42 pm

    Omgosh… 9th circuit to rule on en band tomorrow??? Saw it on my Facebook from AFER.

  • 3. Bob  |  June 4, 2012 at 1:07 pm

    update please,,, you mean prop8????

  • 4. Darline  |  April 11, 2014 at 4:05 pm

    ChristinaAugust 30, 2012I give a lot of respect for all the cakes in the pepole’s choice category. I am in the running but I’m not saying which one but I thought I would have a chance but alas I think I am wrong. I just wanted to say Thanks to the amazing woman running this. It gave us a challenge on Saturday nights instead of just baking random flavor ideas. I hope it doesn’t make you not do this next year. On a better note I invite everyone who will not win to come join us for a hey we didn’t win but this was awesome party after today’s vote tally. Where we can all make our entries again and party for having a great time. Hey Natalie you and Phillip are invited and your crew!!!! Info will follow if anyone is interested. Wooooooo hooooooo for Sugar Slam!

  • 5. Buy bullets online  |  April 21, 2014 at 3:23 am

    If you desire to improve your know-how just keep visiting this web page and be update
    with the newest gossip posted here.

    Feel free to visit my pagte Buy bullets online

Leave a Comment

(required)

(required), (Hidden)

XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

TrackBack URL  |  RSS feed for comments on this post.

Having technical problems? E-mail equalityontrial AT couragecampaign DOT org for assistance!