Case 5:13-cv-00982-OLG Document 47 Filed 01/10/14 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CLEOPATRA DE LEON, NICOLE DIMETMAN, VICTOR HOLMES, and MARK PHARISS, Plaintiffs, v.

CIVIL ACTION NO. 5:13-CV-98 -OL!

RICK PERR", #n $#% O&&#'#a( Ca)a'#*+ a% !,v-.n,. ,& *$- S*a*- ,& T-/a%, !RE! A00OTT, #n $#% O&&#'#a( Ca)a'#*+ a% T-/a% A**,.n-+ !-n-.a(, !ERARD RICKHO11, #n $#% O&&#'#a( Ca)a'#*+ a% 0-/a. C,2n*+ C(-.3, and DAVID LAKE", #n $#% O&&#'#a( Ca)a'#*+ a% C,44#%%#,n-. ,& *$- T-/a% D-)a.*4-n* ,& S*a*- H-a(*$ S-.v#'-%, Defendants.

STATE DEFENDANTS OPPOSED MOTION TO TRANSFER VENUE TO THE HONORABLE ORLANDO L. GARCIA: Defendants Rick Perry, Greg Abbott and David Lakey (hereinafter State Defendants) move to transfer this case to the docket of the Honorable Sam Sparks in the Austin Division of the Western District of Texas, pursuant to 28 U.S.C. 1404(a). Two cases with nearly identical legal and factual issues are currently pending before Judge Sparks and he expressed intent at a hearing yesterday to decide the two Austin cases together. For the convenience of the Court and the parties and in the interest of justice, this Court should grant this motion to transfer venue so that all three cases can be decided together, as explained below. The legal standard for transferring venue pursuant to 1404(a) is well established. A transfer motion should be granted if the movant demonstrates that the transferee venue is clearly more convenient, taking into consideration (1) the relative ease of access to sources of proof; (2)

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the availability of compulsory process to secure the attendance of witnesses; (3) the cost of attendance for willing witnesses; (4) all other practical problems that make trial of a case easy, expeditious and inexpensive; (5) the administrative difficulties flowing from court congestion; (6) the local interest in having localized interests decided at home; (7) the familiarity of the forum with the law that will govern the case; and (8) the avoidance of unnecessary problems of conflict of laws [or in] the application of foreign law. In re Radmax, Ltd., 720 F.3d 285, 288 (5th Cir. 2013) (quotation marks omitted). REASONS TO GRANT TRANSFER 1. First, transferring DeLeon and consolidating the three cases for one trial in Austin will

reduce the time and expense of trying the three actions separately. Since all three cases involve virtually the same State Defendants with common questions of law and fact, it would be more efficient to try these cases together. If this case is not transferred, many, if not all, of the same witnesses will be called to testify in the trial of each, resulting in considerable and unnecessary evidentiary repetition. 2. Second, transferring this case and consolidating it for trial purposes with the other two

cases in Austin will conserve judicial resources. All three cases contain a Constitutional challenge to the laws of Texas prohibiting same-sex marriage, and will be decided under the same federal and State law standards. Proceeding separately would be a waste of judicial resources. Transferring this De Leon case to Austin would conserve judicial resources by allowing for one hearing on all pending issues instead of different Courts having to contend with the same issues in separate venues. 3. Third, it would be more convenient and cost-effective for the parties, witnesses, and the

Court if De Leon was transferred to be tried in Austin with McNosky and Zahrn. All of the

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written discovery and depositions in these three actions are going to focus on substantially the same facts and issues. Thus, if De Leon was transferred, it would avoid the unnecessary waste of time and avoidable expense in engaging in duplicative discovery. 4. Fourth, to transfer DeLeon to Austin will not result in an unfair advantage. By not having

to deal with three separate cases addressing substantially similar issues in two separate venues, there would not be any unfair advantage for either side of this litigation. 5. Fifth, if the Court does not transfer DeLeon, the separate trial and administration of these

cases could result in inconsistent adjudications of common factual and legal issues. Because there are common questions of law and fact, these three cases should be transferred and tried in one venue to avoid the risk that one or more Courts deciding common questions of law and fact in a way that conflicts with the other Court. 6. All three cases are just at the beginning stage of litigation, and are ripe for transfer and

consolidation for trial purposes only. Pedigo v. Rumba, 2010 WL 2730463, p. 1 (W.D. Tex, 2010). CONCLUSION S*a*- D-&-ndan*%5 4,*#,n *, *.an%&-. v-n2- %$,2(d 6- 7.an*-d and *$#% 'a%%$,2(d 6- *.an%&-..-d *, *$- A2%*#n D#v#%#,n ,& *$- 8-%*-.n D#%*.#'*.

Da*-: 9an2a.+ 1:, :1;

R-%)-'*&2((+ %264#**-d. !RE! A00OTT A**,.n-+ !-n-.a( ,& T-/a% DANIEL T. HOD!E 1#.%* A%%#%*an* A**,.n-+ !-n-.a( 9AMES D. 0LACKLOCK D-)2*+ A**,.n-+ !-n-.a( &,.

Case 5:13-cv-00982-OLG Document 47 Filed 01/10/14 Page 4 of 5

L-7a( C,2n%-( 9ONATHAN 1. MITCHELL S,(#'#*,. !-n-.a( /s/ Michael P. Murphy MICHAEL P. M<RPH" A%%#%*an* S,(#'#*,. !-n-.a( T-/a% 0a. N,. ;:51:9= 8ILLIAM T. DEANE A%%#%*an* A**,.n-+ !-n-.a( T-/a% 0a. N,. :5>9 5:: O11ICE O1 THE ATTORNE" !ENERAL P.O. 0,/ 1 5;8 ?MC :59@ A2%*#n, T-/a% =8=11- 5;8 T-(.: ?51 @ 93>- 995 1a/: ?51 @ ;=;- >9= 4#'$a-().42.)$+A*-/a%a**,.n-+7-n-.a(.7,v 6#((.d-an-A*-/a%a**,.n-+7-n-.a(.7,v CO<NSEL 1OR STATE DE1ENDANTS RICK PERR", !RE! A00OTT, AND DAVID LAKE" CERTIFICATE OF CONFERENCE T$- 2nd-.%#7n-d a**,.n-+ $-.-6+ '-.*#&#-% *$a* ,n 9an2a.+ 9 and 9an2a.+ 1: :1;, $- 'a((-d P(a#n*#&&5% ',2n%-( and C,-D-&-ndan*5% ',2n%-( *, ',n&-. a6,2* *$%26B-'* 4a**-. ,& *$- #n%*an* 4,*#,n. P(a#n*#&&%5 ',2n%-( ,)),%-% *$#% 4,*#,n. T$C,-D-&-ndan* C(-.3 $a% n,* .-%),nd-d. /s/ William T. Deane 8ILLIAM T. DEANE A%%#%*an* A**,.n-+ !-n-.a(

Case 5:13-cv-00982-OLG Document 47 Filed 01/10/14 Page 5 of 5

CERTIFICATE OF SERVICE I '-.*#&+ *$a* ,n 9an2a.+ 1:, :1;, *$#% d,'24-n* Ca% %-.v-d ,n ',2n%-( ,& .-',.d, v#a *$- C,2.*5% CMDEC1 D,'24-n* 1#(#n7 S+%*-4 andD,. -(-'*.,n#' 4a#(.

/s/ William T. Deane 8ILLIAM T. DEANE A%%#%*an* A**,.n-+ !-n-.a( Mr. Barry A. Chasnoff bchasnoff@akingump.com Mr. Daniel McNeel Lane, Jr. nlane@akingump.com Mr. Frank Stenger-Castro fscastro@akingump.com Mr. Matthew E. Pepping mpepping@akingump.com 300 Convent Street, Suite 1600 San Antonio, Texas 78205 Attorneys for Plaintiffs Michael Parsons Cooley Akin Gump Strauss Hauer & Feld 1700 Pacific Avenue, Suite 4100 Dallas, Texas 75201 mcooley@akingump.com Attorney for Plaintiffs Susan D. Reed Criminal District Attorney Civil Division, Bexar County 101 W. Nueva 4th Floor San Antonio, Texas 78205-3030 jeanette.garriga@bexar.org Attorney for Defendant Rickhoff

Jessica M. Weisel Akin Gump Strauss Hauer & Feld 2029 Century Park East, Suite 2400 Los Angeles, CA 90067 Attorney for Plaintiffs

Case 5:13-cv-00982-OLG Document 47-1 Filed 01/10/14 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CLEOPATRA DE LEON, NICOLE DIMETMAN, VICTOR HOLMES, and MARK PHARISS, Plaintiffs, v. CIVIL ACTION NO. 5:13-CV-982-OLG RICK PERRY, in his Official Capacity as Governor of the State of Texas, GREG ABBOTT, in his Official Capacity as Texas Attorney General, GERARD RICKHOFF, in his Official Capacity as Bexar County Clerk, and DAVID LAKEY, in his Official Capacity as Commissioner of the Texas Department of State Health Services, Defendants. ORDER GRANTING STATE DEFENDANTS MOTION TO TRANSFER VENUE

Before the Court is State Defendants motion to transfer venue. The Court having considered State Defendants motion and any response thereto is of the opinion that State Defendants motion should be GRANTED. It is accordingly ORDERED that State Defendants motion to transfer venue is GRANTED and this case is transferred to the Austin Division of the Western District. SIGNED this _____ day of January, 2014.

____________________________________ THE HONORABLE ORLANDO L. GARCIA UNITED STATES DISTRICT JUDGE