Case 1:14-cv-00273-REB Document 27 Filed 01/09/15 Page 1 of 3

LAWRENCE G. WASDEN
ATTORNEY GENERAL
STEVEN L. OLSEN
Chief of Civil Litigation Division
W. SCOTT ZANZIG, ISB # 9361
CLAY R. SMITH, ISB# 6385
Deputy Attorneys General
Civil Litigation Division
Office of the Attorney General
954 W. Jefferson Street, 2nd Floor
P. O. Box 83720
Boise, ID 83720-0010
Telephone: (208) 334-2400
Fax: (208) 854-8073
scott.zanzig@ag.idaho.gov
clay.smith@ag.idaho.gov
Attorneys for Defendant David E. Brasuell
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO

MADELYNN LEE TAYLOR,

Plaintiff,
v.
DAVID E. BRASUELL, as Administrator of
the Idaho Division of Veterans Services, in
his official capacity,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Case No. 1:14-cv-00273-REB

DEFENDANTS RESPONSE TO
COURTS ORDER TO SHOW CAUSE
(Dkt. 25)

Defendant, David Brasuell, submits this response to the Courts December 16,
2014 Order to Show Cause (Dkt. 25).
As explained in Mr. Brasuells briefs in support of his pending motion to dismiss,
it would be appropriate for the Court to dismiss this case now for lack of subject matter
jurisdiction. Regardless of the final outcome in Latta v. Otter, the controversy that
instigated this case has been resolved. Veterans Services has granted Madelynn Taylors
DEFENDANTS RESPONSE TO SHOW CAUSE ORDER - 1

Case 1:14-cv-00273-REB Document 27 Filed 01/09/15 Page 2 of 3

request and interred Jean Mixners remains in the Veterans Cemetery columbarium
reserved for Ms. Taylors remains. Even if the Ninth Circuit panels decision and
judgment1 are reversed, no new, justiciable controversy would arise unless and until
Veterans Services took steps to disinter Ms. Mixners remains. There is no evidence to
suggest that Veterans Services has made any decision to take such an action even if
Idahos marriage laws were reinstated through the Latta litigation.
Nevertheless, Mr. Brasuell does not oppose the Courts suggestion that this action
be stayed pending a final resolution of the litigation in Latta v. Otter.2 The Court can
dismiss this action as moot at that time unless the appellate courts decision causes
Veterans Services to take some new action that creates a justiciable controversy.

Dated this 9th day of January, 2015.

STATE OF IDAHO
OFFICE OF THE ATTORNEY GENERAL

By:

/s/
W. SCOTT ZANZIG
Deputy Attorney General

1 Latta v. Otter, 771 F.3d 456 (9th Cir. 2014).

2 Such a stay would satisfy the criteria outlined in Landis v. North American Co., 299 U.S. 248
(1936). The stay would be limited in duration and would not prejudice Ms. Taylor, because she currently
has received everything she requested from Veterans Services. In the unlikely event that were to change,
Ms. Taylor would be free to move the Court to lift the stay.

DEFENDANTS RESPONSE TO SHOW CAUSE ORDER - 2

Case 1:14-cv-00273-REB Document 27 Filed 01/09/15 Page 3 of 3

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 9th day of January, 2015, I electronically filed the
foregoing Defendants Response to Courts Order to Show Cause with the Clerk of the Court
using the CM/ECF system which sent a Notice of Electronic Filing to the following persons:
Deborah A. Ferguson
d@fergusonlawmediation.com
Craig Harrison Durham
craig@chdlawoffice.com
Shannon P. Minter
sminter@nclrights.org
Christopher F. Stoll
cstoll@nclrights.org

/s/
W. SCOTT ZANZIG

DEFENDANTS RESPONSE TO SHOW CAUSE ORDER - 3