Case No IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT. NORTHEAST OHIO COALITION FOR THE HOMELESS, et al., Plaintiffs-Appellees

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1 Case: Document: 63-1 Filed: 02/04/2014 Page: 1 Case No IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT NORTHEAST OHIO COALITION FOR THE HOMELESS, et al., Plaintiffs-Appellees Vs. JON HUSTED, et al. Defendants-Appellants JOINT MOTION FOR LIMITED REMAND The parties jointly move the Court, pursuant to Rule 12.1 of the Federal Rules of Appellate Procedure, for a limited remand of this case to the United States District Court for the Southern District of Ohio for the purpose of issuing an order vacating its decision of November 13, 2012 (R. 357). While on appeal, the parties participated in mediation discussions under Rule 33 of the Sixth Circuit Rules, and they reached a settlement agreement, the terms of which require certain action by the District Court. Specifically, one of the terms of the settlement is that the District Court vacate its November 13, 2012 Opinion and Order. (R. 357). 1

2 Case: Document: 63-1 Filed: 02/04/2014 Page: 2 Pursuant to Rule 62.1 of the Federal Rules of Civil Procedure, the parties filed a motion in the District Court for an indicative ruling. The District Court granted the motion and stated that if this Court remands the case, the District Court will proceed to issue an order vacating its November 13, 2012 Opinion and Order (R. 357). A copy of the District Court s Order is attached. Wherefore, the parties respectfully request that this Court grant a limited remand of this case to the District Court in order for it to proceed as set forth above. If the case is so remanded and the District Court takes the above action, all issues presented on appeal will be resolved, and the appeal will be dismissed. Respectfully submitted, s/richard N. Coglianese Michael DeWine Ohio Attorney General Richard N. Coglianese Assistant Attorney General 30 East Broad Street, 16 th Floor Columbus, Ohio Tel: ; Fax: richard.coglianese@ohioattorneygeneral.gov Counsel for Defendants-Appellants Secretary of State and State of Ohio 2

3 Case: Document: 63-1 Filed: 02/04/2014 Page: 3 s/danielle Leonard [per authorization} Danielle Leonard Stephen P. Berzon Barbara Chisholm Altshuler Berzon LLP 177Post Street, Suite 300 San Francisco, California Tel: Counsel for Appellee-Plaintiff SEIU Local 1199 s/michae J. Hunter [per authorization} Michael J. Hunter Cathrine J. Harshman Hunter, Carnahan, Shoub, Byard & Harshman 3360 Tremont Road, Suite 230 Columbus, Ohio Tel: Counsel for Appellee-Plaintiff SEIU Local 1199 s/ Subodh Chandra [per authorization} Subodh Chandra The Chandra Law Firm, LLC 1265 W. 6 th Street, Suite 400 Cleveland, Ohio Tel: Counsel for Appellee-Plaintiffs NEOCH and SEIU Local

4 Case: Document: 63-1 Filed: 02/04/2014 Page: 4 s/caroline H. Gentry [per authorization} Caroline H. Gentry Porter, Wright, Morris & Arthur, LLP One South Main Street, Suite 1600 Dayton, Ohio Tel: Counsel for Appellee-Plaintiffs NEOCH and SEIU Local 1199 s/donald J. McTigue [per authorization} Donald J. McTigue McTigue Law Group 550 East Walnut Street Columbus, Ohio Tel: Counsel for Plaintiffs-Intervenor Ohio Democratic Party 4

5 Case: Document: 63-2 Filed: 02/04/2014 Page: 1 Case No IN THE UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT NORTHEAST OHIO COALITION FOR THE HOMELESS, et al., Plaintiffs-Appellees Vs. JON HUSTED, et al. Defendants-Appellants PROPOSED ORDER In accordance with the settlement agreement reached by the parties following mediation negotiations under Rule 33 of the Sixth Circuit Rules, the parties have jointly moved, pursuant to Rule 12.1 of the Federal Rules of Appellate Procedure, to remand this case to the United States District Court for the Southern District of Ohio for the limited purpose of having the District Court issue an order vacating its November 13, 2012 Opinion and Order. Upon consideration of the motion and further considering the District Court s Order of January 31, 2014,

6 Case: Document: 63-2 Filed: 02/04/2014 Page: 2 IT IS ORDERED that the motion shall be and is hereby GRANTED. This appeal is remanded to the District Court for further proceedings. The parties shall notify this Court within 28 days following the District Court s decision and the effect of such decision on disposition of the appeal. ENTERED PURSUANT TO RULE 33 OF THE SIXTH CIRCUIT RULES Leonard Green, Clerk

7 Case: 2:06-cv ALM-TPK Case: Document: #: 401 Filed: /31/14 Filed: 02/04/2014 Page: 1 of 2 Page: PAGEID 1 #: NORTHEAST OHIO COALITION FOR THE HOMELESS, et al, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiffs Case No. 2:06-cv-896 vs. JON HUSTED, et al., Defendants. SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1, et al, Plaintiffs, Case No. 2:12-cv-562 vs. Jon Husted, et al, Defendants. ORDER This matter came before the Court upon the joint motion of the parties pursuant to Rule 62.1 of the Federal Rules of Civil Procedure, asking this Court to indicate its willingness to accept the limited remand from the Court of Appeals and proceed to vacate its November 13, 2012 Opinion and Order (R. 357). Having considered the parties' motion and the entire record, the Court is of the opinion, and so finds, that if the case is remanded to it by the Court of Appeals for the Sixth Circuit, it will grant the relief requested.

8 Case: 2:06-cv ALM-TPK Case: Document: #: 401 Filed: /31/14 Filed: 02/04/2014 Page: 2 of 2 Page: PAGEID 2 #: IT IS, THEREFORE, ORDERED BY THE COURT that if this case is remanded to the District Court by the Court of Appeals, this Court will grant the parties' joint motion pursuant to Rule 62.1 of the Federal Rules of Civil Procedure and proceed to vacate its November 13, 2012 Opinion and Order (R. 357). Entered this~ day of.t~,

9 Case: 2:12-cv ALM-TPK Case: Document: #: Filed: 01/31/14 Filed: 02/04/2014 Page: 1 of 2 Page: PAGEID 1 #: 6993 NORTHEAST OHIO COALITION FOR THE HOMELESS, et al, IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiffs Case No. 2:06-cv-896 vs. JON HUSTED, et al., Defendants. SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1, et al, Plaintiffs, Case No. 2:12-cv-562 vs. Jon Husted, et al, Defendants. ORDER This matter came before the Court upon the joint motion of the parties pursuant to Rule 62.1 of the Federal Rules of Civil Procedure, asking this Court to indicate its willingness to accept the limited remand from the Court of Appeals and proceed to vacate its November 13, 2012 Opinion and Order (R. 357). Having considered the parties' motion and the entire record, the Court is of the opinion, and so finds, that if the case is remanded to it by the Court of Appeals for the Sixth Circuit, it will grant the relief requested.

10 Case: 2:12-cv ALM-TPK Case: Document: #: Filed: 01/31/14 Filed: 02/04/2014 Page: 2 of 2 Page: PAGEID 2 #: 6994 IT IS, THEREFORE, ORDERED BY THE COURT that if this case is remanded to the District Court by the Court of Appeals, this Court will grant the parties' joint motion pursuant to Rule 62.1 of the Federal Rules of Civil Procedure and proceed to vacate its November 13, 2012 Opinion and Order (R. 357). Entered this~ day of.t~,