On Friday, the state of Utah asked the Tenth Circuit Court for ten extra days to figure out why gay marriage is so icky. Yesterday the plaintiffs filed a motion opposing the extension request. From the motion:
The State Defendants’ Motion requesting an extension of time to file their opening brief fails even to mention the showing that Tenth Circuit Local Rule 27.4 requires for an extension of time to file a brief or the Court’s previous order in this case that “[r]equests for extension of time are very strongly discouraged, and will be considered only under extraordinary circumstances.” Dec. 30, 2013, Order [Dkt. No. 10136661] (“Scheduling Order”) at 1-2 (emphasis added). There are no extraordinary circumstances here. Granting of the Motion will result in a schedule giving the State Defendants more time (by one day) to file their brief than is ordinarily provided under the Federal Rules of Appellate Procedure. Such a result would run contrary to this Court’s earlier determination that the briefing in this case should be expedited.