LT Gov Filing Extension

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Case 4:23-cv-00112-DN Document 20 Filed 12/07/23 PageID.

78 Page 1 of 3

KYLE J. KAISER (13924)


JASON DUPREE (17509)
Assistant Utah Attorneys General
SEAN D. REYES (7969)
Utah Attorney General
160 East 300 South, 6th Floor
PO Box 140856
Salt Lake City, UT 84114-0856
Telephone: (801) 366-0100
E-mail: kkaiser@agutah.gov
jdupree@agutah.gov
Attorneys for Defendants

UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF UTAH

PARTIES’ JOINT PROPOSED


STEVE MAXFIELD, et al., PRELIMINARY INJUCTION
Plaintiffs, BRIEFING SCHEDULE
v.
Case No. 4:23-cv-00112-DN
DEIDRE HENDERSON, in her official
capacity as the Lieutenant Governor of Judge David Nuffer
the State of Utah; and RYAN COWLEY, in
his official capacity as the Director of
Elections of the State of Utah

Defendants.

As requested by the Court in its scheduling conference held on December 6,

2023, Defendants Deidre Henderson and Ryan Cowley, though counsel, provide
Case 4:23-cv-00112-DN Document 20 Filed 12/07/23 PageID.79 Page 2 of 3

the following proposed briefing schedule on Plaintiff’s Motion for Expedited

Preliminary Injunction (doc. 4).

Defendants agree and represent to the Court that, until at least March 5,

2024, they will not reject any unaffiliated candidate’s Certificate of Nomination to

be placed on the ballot in Utah for the office of President of the United States,

simply because the Certificate and verified nomination petitions were not filed by

January 8, 2024. This action provides at least an additional 60 days for the

Plaintiff Kennedy to file the Certificate and other necessary papers or for the

parties to litigate or otherwise resolve the present dispute.

Counsel for Plaintiffs have asserted that, notwithstanding this extension,

there may be a need to move forward with their preliminary injunction motion if

compliance cannot be accomplished by March 5. Accordingly, the Parties propose

the following briefing schedule for Plaintiff’s Motion for Expedited Preliminary

Injunction (doc. 4): 1

1 After noting deficiencies in service of process, the parties have agreed that counsel for
Defendants will execute a waiver of service, and Defendants’ answer or other response to
the Complaint will be due on February 5, 2023. The parties anticipate following the
normal briefing schedule in the Court’s Local Rules for any dispositive motions or further
litigation.
2
Case 4:23-cv-00112-DN Document 20 Filed 12/07/23 PageID.80 Page 3 of 3

Plaintiffs’ Motion: Filed December 4, 2023


Defendants’ Response: January 8, 2024
Plaintiffs’ Reply: [Waived]
Hearing (if necessary): Week of January 15, 2024

RESPECTFULLY SUBMITTED this 7th day of December, 2023.

OFFICE OF THE UTAH ATTORNEY GENERAL

/s/ Kyle J. Kaiser

KYLE J. KAISER
JASON DUPREE
Assistant Utah Attorneys General
Attorneys for Defendant

AGREED AS TO FORM AND CONTENT BY:

IMPG ADVOCATES

/s/ Paul A. Rossi

Paul A. Rossi, Esq.


Attorney for Plaintiffs Pro Hac Vice

Permission to affix electronic signature on file


with counsel

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