Appellate Case: 13-4178 Document: 01019176400 Date Filed: 12/23/2013 Page: 1 FILED United States Court of Appeals Tenth Circuit UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT December 23, 2013 Elisabeth A. Shumaker Clerk of Court DEREK KITCHEN, individually; MOUDI SBEITY, individually; KAREN ARCHER, individually; KATE CALL, individually; LAURIE WOOD, individually; KODY PARTRIDGE, individually, Plaintiffs-Appellees, v. GARY R. HERBERT, in his official capacity as Governor of Utah; JOHN SWALLOW, in his official capacity as Attorney General of Utah, No. 13-4178 (D.C. No. 2:13-CV-00217-RJS) (D. Utah) Defendants-Appellants, and SHERRIE SWENSEN, in her official capacity as Clerk of Salt Lake County, Defendant. ORDER Before HOLMES and BACHARACH, Circuit Judges. This matter is before the court on the Defendants-Appellants’ renewed “Emergency Motion for Temporary Stay Pending Resolution of Stay Motion(s).” Upon consideration, the motion is denied to the extent it asks this court to stay the Appellate Case: 13-4178 Document: 01019176400 Date Filed: 12/23/2013 Page: 2 district court’s order pending that court’s resolution of the State’s motion for stay pending appeal. Likewise, the anticipatory request to stay the district court’s order in the event of an adverse ruling is also denied. As we noted in our order of yesterday, this denial is without prejudice to filing a renewed request in accord with Fed. R. App. P. 8 and 10th Cir. R. 8.1 if the district court denies Defendants-Appellants’ motion. Entered for the Court ELISABETH A. SHUMAKER Clerk of Court -2-