Case: 13-4429 EQCF Dkt #21

Document: 003111464734

Page: 1

Date Filed: 11/25/2013

CASE NO. 13-4429 UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT TARA KING, ED.D., individually and on behalf of her patients, RONALD NEWMAN, PH.D., individually and on behalf of his patients, NATIONAL ASSOCIATION FOR RESEARCH AND THERAPY OF HOMOSEXUALITY (NARTH), AMERICAN ASSOCIATION OF CHRISTIAN COUNSELORS (AACC), Plaintiffs/Appellants, v. CHRISTOPHER J. CHRISTIE, Governor of the State of New Jersey, in his official capacity, ERIC T. KANEFSKY, Director of the New Jersey Department of Law and Public Safety: Division of Consumer Affairs, in his official capacity, MILAGROS COLLAZO, Executive Director of the New Jersey Board of Marriage and Family Therapy Examiners, in her official capacity, J. MICHAEL WALKER, Executive Director of the New Jersey Board of Psychological Examiners, in his official capacity; PAUL JORDAN, President of the New Jersey State Board of Medical Examiners, in his official capacity, Defendants/Appellees. And GARDEN STATE EQUALITY, Intervenor-Defendants/Appellees APPELLANTS FED. R. APP. P. 8(a)(1)(C) RESPONSE Mathew D. Staver (Lead Counsel) Anita L. Staver LIBERTY COUNSEL 1055 Maitland Ctr. Cmmns 2d Floor Maitland, FL 32751-7214 Tel. (800) 671-1776 Email court@lc.org Attorneys for Appellants Stephen M. Crampton Mary E. McAlister Daniel J. Schmid LIBERTY COUNSEL P.O. Box 11108 Lynchburg, VA 24506 Tel. (434) 592-7000 Email court@lc.org Attorneys for Appellants

Case: 13-4429

Document: 003111464734

Page: 2

Date Filed: 11/25/2013

APPELLANTS RESPONSE TO COURT ORDER REQUIRING RESPONSE TO FED. R. APP. P. 8(a)(1)(C) Pursuant to this Courts Order requesting a written response from Appellants concerning Rule 8(a)(1)(C)s requirement of seeking the requested relief in the District Court prior to seeking such relief from this Court, Appellants respectfully state: 1. Rule 8 expressly states that a party need not seek the requested relief at the

district court is if doing so would be impracticable. Fed. R. App. P. 8(a)(2)(A). 2. That is precisely the case here. Appellants first sought a preliminary

injunction of the Act in the lower court on virtually identical grounds as set forth in their motion for injunction pending appeal here, The motion was converted to a motion for summary judgment, and Appellants' request for relief was denied on November 8, 2013. (See Exhibit A Appellants Motion for Injunction Pending Appeal at 22). As such, requesting another injunction from the lower court while this appeal is pending is impracticable and futile. See, e.g., Chemical Weapons Working Grp. v. Dept of the Army, 101 F.3d 1360, 1362 (10th Cir. 1996) (When the district courts order demonstrates commitment to a particular resolution, application for a stay from that same district court may be futile and hence impracticable.); Alliance Metals, Inc., of Atlanta v. Hinely Indus., Inc., 222 F.3d 895, 905 (11th Cir. 2000) (The futility doctrine flows out of the principle that the

Case: 13-4429

Document: 003111464734

Page: 3

Date Filed: 11/25/2013

law does not require the performance of vain or useless things.) (collecting cases). 3. As such, Appellants' Motion for Injunction Pending Appeal is properly

before this Court without need for the impracticable and futile step of again requesting the same relief previously denied by the district court. 4. Appellants therefore request that this Court set the deadlines for Appellees

response to Appellants Motion for an Injunction Pending Appeal post haste. Respectfully submitted, Dated: November 25, 2013. Mathew D. Staver (Lead Counsel) Anita L. Staver LIBERTY COUNSEL 1055 Maitland Ctr. Cmmns 2d Floor Maitland, FL 32751-7214 Tel. (800) 671-1776 Email court@lc.org Attorneys for Appellants /s/ Daniel J. Schmid Stephen M. Crampton Mary E. McAlister Daniel J. Schmid LIBERTY COUNSEL P.O. Box 11108 Lynchburg, VA 24506 Tel. (434) 592-7000 Email court@lc.org Attorneys for Appellants

Case: 13-4429

Document: 003111464734

Page: 4

Date Filed: 11/25/2013

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was filed electronically with the court on November 25, 2013. Service will be effectuated by the Courts electronic notification system upon all counsel of record. /s/ Daniel J. Schmid Daniel J. Schmid LIBERTY COUNSEL P.O. Box 11108 Lynchburg, VA 24506 Tel. (434) 592-7000 Email court@lc.org Attorneys for Appellants