Fænå Åffiffi: Filed Electronically

Fn<ffiffi
Cme
Misha Isaak
euorue (503) 727-2086
r:^x (503) 346-2086
svnrr, Mlsaak@perkit.tscoie, cotn
86959-0002/LEG A1.1229245 1 l. I
ANCHORACE BEIJINC BELLEVUE BOISE CHfCACO DALLAs
PAtO ALTO PHOENIX PORTLAND 5AN DIECO 5AN FRANCIsCO
Perkins Coie LLp
ilzo N.W. Couch Street,Tenth Floor
Portland, OR
972o9-4t28
PHoNE 5O3.727.2OOO
t^*
5o3.727.2222
www.pe rk in scoie.com
Re
August 7,2074
FILED ELECTRONICALLY
United States Court of Appeals for the Ninth Circuit
Browning Courthouse
95 Seventh Street
San Francisco, CA 94103
Geiger, et ul. v. Kitzhaber, et sl. v. Nutionfll Orgnization
for
Mrriage, Inc.
No. l4-35427
Rule 28(i) Citation of Supplemental Authorities
Your Honors
Two motions to dismiss this appeal are pending before the Cour1. Pursuant to Federal Rule of
Appellate Procedure 28), the Court is hereby notified of significant developments in
Whitewood v. l(olJ-,No. I :13-cv-1861 (M.D. Pa.).
In Whitewood, aDistrict Court struck down Pennsylvania's laws excluding same-sex couples
from marriage. Pennsylvania's governor announced that hs would not appeal. A county clerk
then moved to intervene in order to prosecute an appeal.
.
By order of June 18, 2074,the District Court denied the clerk's motion. The Courl held
that the clerk "has no protectable interest in the constitutionality of the Marriage Laws"
because, under Pennsylvania law, the clerk's duties with respect to marriage are "purely
ministerial." (Slip op. at 7, 5.) Oregon law is in accord. See Li v. State,110 P.3d 97,102
(Or. 2005), A copy of the order is attached hereto as Exhibit A.
'
The clerk appealed to the Third Circuit. By order of July 3,2014, the Third Circuit
summarily afhrmed the denial of the motion to intervene and dismissed the appeal "[f]or
essentially the reasons set forth in the Opinion of the District Court." In other words, the
Third Circuit granted the same relief sought in the motions now pending before this
Court. A copy of the order is attached hereto as Exhibit B.
DENVER
SFATTIF
LO5 ANCELES MADISON NEW YORK
SHANCHAI lAIPEI WASHINCTON, D,C
Case: 14-35427 08/07/2014 ID: 9197667 DktEntry: 39 Page: 1 of 17
United States Courl of Appeals for the Ninth Circuit
August 7,2014
Page 2
The clerk then filed an application for a stay at the United States Supreme Cour1. On July
9,2014, in a one-line order citing the Supreme Court's decision in this case, Justice Alito
denied the rnotion. A copy of the docket reflecting the order is attached hereto as
Exhibit C.
In this case, Plaintiffs-Appellees and Defendants-Appellees opposed the National Organization
for Marriage's applica-tion for a stay at the Supreme Court by arguing, among other things, that
the National Organizafion for Marriage would not have Article III standing to appeal the
judgment even if it were permitted to intervene. The inference to be drawn from the Supreme
Court's orders in this case and in'tYhitewoodisthat it agrees. Accordingly, this appeal is moot
and should be dismissed.
submi
Misha Isaak
Counsel for Plaintiffs-Appellees
Rummell, West, Chickadonz,Tannet, and Basic Rights Education Fund
86959-0002/Ltic Al.l 22924 5 I L l
Case 1:13-cv-01861-JEJ Document 150 Filed 06/18/14 Page 1 of 10
Exhibit A
Page 1 of 10
Exhibit A
Page 2 of 10
Exhibit A
Page 3 of 10
Exhibit A
Page 4 of 10
Exhibit A
Page 5 of 10
Exhibit A
Page 6 of 10
Exhibit A
Page 7 of 10
Exhibit A
Page 8 of 10
Exhibit A
Page 9 of 10
Exhibit A
Page 10 of 10

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
June 26, 2014
CCO-096E
No. 14-3048

DEB WHITEWOOD; SUSAN WHITEWOOD; FREDIA HURDLE;
LYNN HURDLE; EDWIN HILL; DAVID PALMER; HEATHER POEHLER;
KATH POEHLER; FERNANDO CHANG-MUY; LEN RIESER; DAWN PLUMMER;
DIANA POLSON; ANGELA GILLEM; GAIL LLOYD; HELENA MILLER;
DARA RASPBERRY; RON GEBHARDTSBAUER; GREG WRIGHT; MARLA
CATTERMOLE; JULIA LOBUR; MAUREEN HENNESSEY; A. W. and; K. W., minor
children by and through their parents and next friends;
SANDY FERLANIE; CHRISTINE DONATO;
v.

SECRETARY PENNSYLVANIA DEPARTMENT OF HEALTH;
DONALD PETRILLE, JR., in his official capacity as Register of Wills
and Clerk of Orphans' Court of Bucks County; DAN MEUSER

*Theresa Santai-Gaffney,
Appellant

(*Pursuant to Fed. R. App. P. 12(a))

(M.D. Pa. No. 1-13-cv-01861)

Present: FUENTES, JORDAN and SHWARTZ, Circuit Judges

1. Clerk Order Dated 6/18/14 for a Determination of Summary Action.

2. Motion by Appellant Theresa Santai-Gaffney for Stay Pending Appeal.

3. Response by Appellees Dan Meuser and Secretary Department of Health to the
6/18/14 Clerk Order Listing Case for Possible Summary Action.

4. Response by Appellee Deb Whitewood to the 6/18/14 Clerk Order Listing Case
for Possible Summary Action.

5. Response by Appellee Deb Whitewood to Appellant's Motion for Stay
Pending Appeal.

6. Appellant Theresa Santai-Gaffney's Opposition to Summary Action.

Case: 14-3048 Document: 003111670016 Page: 1 Date Filed: 07/03/2014
Exhibit B
Page 1 of 2

7. Appellant Theresa Santai-Gaffneys Reply in Support of Motion for
Stay Pending Appeal.

Respectfully,
Clerk/tmk

_________________________________ORDER________________________________
For essentially the reasons set forth in the Opinion of the District Court, the order
denying the motion to intervene is summarily affirmed and the appeal is dismissed.
Appellants motion for stay pending appeal is dismissed as moot.

By the Court,

s/ Patty Shwartz
Circuit Judge

Dated: July 3, 2014
tmk/cc: all counsel of record
Case: 14-3048 Document: 003111670016 Page: 2 Date Filed: 07/03/2014
Exhibit B
Page 2 of 2
8/7/2014 Docket for 14A19
1/2

No. 14A19
Title:
Theresa Santai-Gaffney, Applicant
v.
Deb Whitewood, et al.
Docketed: July 7, 2014
Lower Ct: United States Court of Appeals for the Third Circuit
Case Nos.: (14-3048)
~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~
Jul 3 2014 Application (14A19) for a stay, submitted to Justice Alito.
Jul 9 2014 Application (14A19) denied by Justice Alito. See Nat'l Organization for
Marriage v. Geiger, 572 U.S. ___ (2014).
~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Byron J. Babione Alliance Defending Freedom
(480) 444-
0020
15100 N. 90th Street
Scottsdale, AZ 85260
Party name: Theresa Santai-Gaffney
Attorneys for Respondents:
Mark A. Aronchick One Logan Square, 27th Floor
Philadelphia, PA 19103
Party name: Deb Whitewood, et al.
Exhibit C
Page 1 of 2
8/7/2014 Docket for 14A19
2/2
Exhibit C
Page 2 of 2
-3-
86959-0002/LEGAL121026801.2
CERTIFICATE OF SERVICE
I hereby certify that on August 7, 2014, I directed the foregoing to be
electronically filed with the Clerk of the Court for the United States Court of
Appeals for the Ninth Circuit by using the appellate CM/ECF system.
I certify that all participants in this case are registered CM/ECF users and
that service will be accomplished by the appellate CM/ECF system.

August 7, 2014 s/ Misha Isaak
Thomas R. Johnson, OSB No. 010645
TRJ ohnson@perkinscoie.com
Misha Isaak, OSB No. 086430
MIsaak@perkinscoie.com
Perkins CoieLLP
Telephone: 503.727.2000

Attorneys for Plaintiffs-Appellees
Rummell, West, Chickadonz, Tanner,
and Basic Rights Education Fund


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