Case: 12-16995

03/19/2014

ID: 9022695

DktEntry: 125

Page: 1 of 2

FILED
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT NATASHA N. JACKSON; et al., Plaintiffs - Appellants, v. NEIL S. ABERCROMBIE, Governor, State of Hawaii, ORDER Defendant, And LORETTA J. FUDDY, Director, Department of Health, State of Hawaii, Defendant - Appellee, HAWAII FAMILY FORUM, Intervenor-Defendant Appellee.
MAR 19 2014
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

Nos. 12-16995, 12-16998 D.C. No. 1:11-cv-00734-ACKKSC District of Hawaii, Honolulu

Before: W. FLETCHER, M. SMITH, and CHRISTEN, Circuit Judges. The court has received and reviewed the responses to this courts November 26, 2013 order to show cause. The issue does not appear suitable for summary disposition at this time because this court has not yet addressed the specific

KK/MOATT

Case: 12-16995

03/19/2014

ID: 9022695

DktEntry: 125

Page: 2 of 2

mootness issue resolved by the Seventh Circuit in Miller v. Benson, 68 F.3d 163 (7th Cir. 1995). Accordingly, the order to show cause is discharged. In addition to all other issues the parties may wish to raise in the briefs, the parties shall brief the issue of whether the enactment of Hawaiis Marriage Equality Act of 2013 moots these consolidated appeals. The opening brief is due April 25, 2014; the answering brief is due May 27, 2014; and the optional reply brief is due within 14 days after service of the answering brief.

KK/MOATT