1

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
_______________________________________
MARCIE FISHER-BORNE, et al.,
Plaintiffs,
v.
J OHN W. SMITH, et al., Defendants,


ELLEN W. GERBER, et al., Plaintiffs,
v.
ROY COOPER, et al., Defendants,


and

THOM TILLIS, North Carolina Speaker of
the House of Representatives and PHIL
BERGER, President Pro Tempore of the
North Carolina Senate,
Proposed Intervenor-Defendants.
Case No.: 1:12-cv-00589


Case No.: 1:14-cv-00299







PROPOSED DEFENDATS-INTERVENORS MOTION TO EXTEND TIME TO
FILE ANSWER IN SUPPORT OF MOTION FOR INTERVENTION

Pursuant to Federal Rule of Civil Procedure 6(b) and Local Rule 6.1, proposed
Intervenors-Defendants Thom Tillis, in his capacity as North Carolina Speaker of the
House of Representatives, and Phil Berger, in his capacity as President Pro Tempore of
the North Carolina Senate, on behalf of themselves, and their members and constituents
(Movants), by and through counsel, respectfully move the Court to enlarge the time in
which to serve an answer or otherwise respond the Plaintiffs First Amended Complaint
Case 1:12-cv-00589-WO-JEP Document 123 Filed 10/09/14 Page 1 of 5
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(Dkt. 40) in the above captioned matters. In support of this Motion, Movants state as
follows:
1. The First Amended Complaint was filed on J uly 19, 2013. (Dkt. 40.)
2. On October 8, 2014, the State Defendants filed their Answer, in which they
abandoned their defense of the challenged marriage laws, conceding, As it pertains to
their 14th Amendment rights, Plaintiffs should be afforded appropriate relief in
accordance with the law as described the Fourth Circuit Court of Appeals in Bostic v.
Schaefer [760 F.3d 352 (4th Cir. 2014)]. (Dkt. 115.)
3. Shortly thereafter, Plaintiffs moved for judgment on the pleadings on the
grounds that the State Defendants Answer, and the admissions contained there, renders
such relief appropriate. (Dkt. 116.)
4. Pursuant to Federal Rule of Civil Procedure 24, Movants have moved to
intervene in this matter and related federal court actions in order to continue the defense
of the challenged marriage laws.
5. Rule 24(c) normally requires a motion to intervene to be accompanied by
a pleading that sets out the claim or defense for which intervention is sought. However,
the Plaintiffs uncontested request for judgment on the pleadings necessitates that
Movants act as soon as practicable in seeking intervention and continuing the defense of
the challenged marriage laws.
6. Because undersigned counsel were recently assigned to this case, and the
related cases in which Movants also seek intervention, additional time is needed to
Case 1:12-cv-00589-WO-JEP Document 123 Filed 10/09/14 Page 2 of 5
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investigate the files and conduct appropriate research in order to adequately prepare the
pleading required by Rule 24(c)here, an answer to the First Amended Complaint.
7. Undersigned counsel need an additional eight (8) days, to and including
October 17, 2014, in which to accomplish these tasks and prepare an answer to the First
Amended Complaint.
8. Undersigned counsel contacted Plaintiffs counsel concerning counsels
position on this motion, but were unable to obtain an answer prior to filing this motion.
Undersigned counsel also contacted Defendants counsel. Defendant Attorney General
has not responded. Defendants Register of Deeds of Guilford and Durham Counties take
no position on the motion.
WHEREFORE, Movants respectfully move the Court to grant an extension of
time, to and including October 17, 2014, in which to serve an answer as required by
Federal Rule of Civil Procedure 24(c).

Respectfully submitted, this the 9th day of October, 2014.


/s/ Robert D. Potter, J r.
Robert D. Potter, J r.
Attorney at Law
5821 Fairview Road, Suite 207
Charlotte, NC 28209
(704) 552-7742
(704) 552-9287 Fax
rdpotter@rdpotterlaw.com
NC State Bar No. 17553
Attorney for Proposed Defendant-
Intervenors




Noel H. J ohnson*
J oe A. Vanderhulst
ACTRIGHT LEGAL FOUNDATION
209 West Main Street
Plainfield, IN 46168
(317) 203-5599
(888) 815-5641 Fax
njohnson@actrightlegal.org
jvanderhulst@actrightlegal.org
Attorneys for Proposed Defendant-Intervenors


Case 1:12-cv-00589-WO-JEP Document 123 Filed 10/09/14 Page 3 of 5
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J ohn C. Eastman*
CENTER FOR CONSTITUTIONAL
J URISPRUDENCE
c/o Chapman University Fowler
School of Law
One University Dr.
Orange, CA 92866
(877) 855-3330
(714) 844-4817 Fax
jeastman@chapman.edu
Lead Counsel for Proposed
Defendant-Intervenors

Attorneys for Proposed
Defendant-Intervenors

* Notice of Special Appearance to
be filed.
Case 1:12-cv-00589-WO-JEP Document 123 Filed 10/09/14 Page 4 of 5
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CERTIFICATE OF SERVICE

I hereby certify that on October 9, 2014, I electronically filed the foregoing
PROPOSED DEFENDATS-INTERVENORS MOTION TO EXTEND TIME TO FILE
ANSWER IN SUPPORT OF MOTION FOR INTERVENTION, in the cases of Fisher-
Borne v. Smith, No. 1:12-cv-00589, and Gerber v. Cooper, No. 1:14-cv-00299, with the
clerk of the Court for the United States District Court for the Middle District of North
Carolina Circuit by using the CM/ECF system.
All participants in the case are registered CM/ECF users and will be served by the
appellate CM/ECF system.
Dated: October 9, 2014

/s/ Robert D. Potter, J r.
Robert D. Potter, J r.
Attorney at Law
5821 Fairview Road, Suite 207
Charlotte, NC 28209
(704) 552-7742
(704) 552-9287 Fax
rdpotter@rdpotterlaw.com
NC State Bar No. 17553

On Behalf of Counsel for
Proposed Defendant-Intervenors


Case 1:12-cv-00589-WO-JEP Document 123 Filed 10/09/14 Page 5 of 5
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
_______________________________________
MARCIE FISHER-BORNE, et al., Plaintiffs,
v.
J OHN W. SMITH, et al., Defendants,


ELLEN W. GERBER, et al., Plaintiffs,
v.
ROY COOPER, et al., Defendants,


and

THOM TILLIS, North Carolina Speaker of the
House of Representatives and PHIL BERGER,
President Pro Tempore of the North Carolina
Senate,
Proposed Intervenor-Defendants.
Case No.: 1:12-cv-00589


Case No.: 1:14-cv-00299







ORDER

Upon motion of Proposed Defendants-Intervenors and for good cause shown, it is hereby
ORDERED that Proposed Defendants-Intervenors shall have until October 17, 2014 to file a
pleading in support of the motion for intervention in the above captioned matters.

Dated: October _____, 2014.



District Court J udge/Magistrate/Clerk
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