UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION BRITTANI HENRY and BRITTNI ROGERS, et al., Plaintiffs, vs. Theodore E. Wymyslo, M.d., et al., Defendants. : : : : : : : : : : Case No. 1:14-cv-129 Judge: Timothy S. Black MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTIONPursuant to Fed. R. Civ. Pro. 65, Plaintiffs hereby move for a temporary restraining order and preliminary injunction prohibiting the Defendants from enforcing Ohio Rev. Code §3101.01(C) and Art. XV, §11 of the Ohio Constitution as applied to their requests for birth certificates that accurately identify their childrens’ par ents. Specifically, Plaintiffs seek an order requiring Defendants to place the names of both of the married plaintiff same-sex parents on the birth certificates of their children. A proposed order is att ached as Exhibit 1. Notice will be provided to the Defendants but due to the inability of Plaintiffs to secure proper identifying documents for the children of the Henry/Rogers Family, the Yorksmith Family, the Noe/McCracken Family and the Vitale/Talmas Family, Plaintiffs request an expedited hearing and an expedited ruling on the merits. Plaintiffs request that bond be set at $1.00. Case: 1:14-cv-00129-TSB Doc #: 4 Filed: 02/10/14 Page: 1 of 30 PAGEID #: 24
