1

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-00213-MOC-DLH

GENERAL SYNOD OF THE UNITED CHURCH )
OF CHRIST; et al. )
)
Plaintiffs, ) DEFENDANT RIDDICKS
) RESPONSE TO PLAINTIFFS
) MOTION TO LIFT STAY
v. ) AND ENTER PRELIMINARY
) INJUNCTION [D.E. 101]
ROY COOPER, ATTORNEY GENERAL OF )
NORTH CAROLINA; DREW REISINGER, )
REGISTER OF DEEDS FOR BUNCOMBE )
COUNTY; et al. )
)
Defendants. )

NOW COMES defendant Laura M. Riddick, Register of Deeds of Wake County
[hereinafter Riddick], through undersigned counsel, and pursuant to LCvR 7.1(E), and in
response to the plaintiffs Motion to Lift the Stay Order and Enter Preliminary Injunction,
responds as follows:
First, defendant Riddick does not oppose entry of an Order lifting the stay of this
proceeding. Riddick does wish to reiterate her previous position that this lawsuit raises issues
that are beyond the scope of the duties and role of the Register of Deeds. The Registers of Deeds
should not have been drawn in this lawsuit because they perform ministerial functions with
respect to the issuance of marriage licenses, not legislative or policy functions. However, since
Riddick has been named as a party, we inform that Court that we adopt out previous positions
about the status of the legal issues raised in this case.
Case 3:14-cv-00213-MOC-DLH Document 105 Filed 10/09/14 Page 1 of 4
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We do not contest that Bostic v. Schaefer, Nos. 14-1167, 14-1169, 14-1173, ____ F.3d
____, 2014 WL 3702493 is the law of this circuit now that the United States Supreme Court has
denied certiorari and the Fourth Circuit has now issued its mandate.
In the event the Court proceeds to a ruling on the merits of the issues raised in this case
and rules that North Carolina marriage laws are unconstitutional, we agree with the Mecklenburg
County Register of Deeds response that in the interest of uniformity and standardization of
forms and to allow for proper and accurate indexing, we desire that the Court consider a
reasonable amount of time to allow the Registers of Deeds to consult with the North Carolina
Department of Health and Human Services concerning issuance of a uniform license application
and license. This defendant has previously requested that the State release any versions of gender
neutral forms in their possession. However, the Department of Health and Human Services has
not responded. To the extent any impediments to implementation of any Orders of the Court
appear, this defendant would intend to seek judicial guidance.
Riddick wishes to inform the Court that plaintiffs counsel has represented that they do
not intend to seek attorneys fees or cost as to any of the Register of Deeds defendants and
therefore, based upon this representation this defendant does not intend to file a formal answer or
other responsive pleading to the plaintiffs amended complaint.
This defendant takes no position on the plaintiffs motion for entry of a Preliminary
injunction other that what we have set forth above. This defendant will, of course, comply with
any and all orders of this Court.
Respectfully submitted this the 9
th
day of October 2014.




Case 3:14-cv-00213-MOC-DLH Document 105 Filed 10/09/14 Page 2 of 4
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By: /s/ Scott W. Warren
Scott W. Warren (NCSB 14349)
E-mail: swarren@wakegov.com


By: /s/ Roger A. Askew
Roger A. Askew (NCSB 18081)
E-mail: Roger.Askew@wakegov.com

OFFICE OF THE WAKE COUNTY ATTORNEY
Post Office Box 550
Raleigh, North Carolina 27602
Phone: (919) 856-5500
Fax: (919) 856-5504
































Case 3:14-cv-00213-MOC-DLH Document 105 Filed 10/09/14 Page 3 of 4
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-00213-MOC-DLH

GENERAL SYNOD OF THE UNITED CHURCH )
OF CHRIST; et al; )
)
Plaintiffs, )
)
v. ) Certificate of Filing and Service
)
)
ROY COOPER, ATTORNEY GENERAL OF )
NORTH CAROLINA; DREW REISINGER, )
REGISTER OF DEEDS FOR BUNCOMBE )
COUNTY; et al )
Defendants. )

I hereby certify that on October 9, 2014, pursuant to Fed. R. Civ. P. 5(b) and LCvR 5.3, I
electronically filed the foregoing RESPONSE TO MOTION TO LIFT STAY ORDER AND
ENTER PRELIMINARY INJUNCTION with the Clerk of Court utilizing the CM/ECF system
of the United States District Court for the Western District of North Carolina that will send
electronic notification of such filing to all registered users who have appeared herein via
CM/ECF. The undersigned knows of no party whose counsel is not a registered user and would
require service by alternate means.


This the 9
th
day of October 2014.
By: /s/ Roger A. Askew
Roger A. Askew
Office of the Wake County Attorney
Post Office Box 550
Raleigh, North Carolina 27602
Phone: (919) 856-5500
Fax: (919) 856-5504
Case 3:14-cv-00213-MOC-DLH Document 105 Filed 10/09/14 Page 4 of 4