`
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`IN THE UNITED STATES COURT OF APPEALS
`FOR THE TENTH CIRCUIT
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`
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`
`
`Case No. 19-4162
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`EPILEPSY ASSOCIATION OF
`UTAH, a Utah Non-Profit Corporation;
`CHRISTINE STENQUIST;
`DOUGLAS ARTHUR RICE; TRUCE,
`a Utah Non-Profit Corporation;
`NATHAN KIZERIAN; ANDREW
`TALBOTT, M.D.,
`
`
` Appellants,
`
`
`v.
`
`GARY R. HERBERT, Governor of the
`State of Utah, in His Official Capacity;
`JOSEPH K. MINER, M.D., MSPH,
`Executive Director, Utah Department
`of Health, in His Official Capacity,
`
`
` Appellees.
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`
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`
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`JOINT MOTION FOR, AND STIPULATION TO,
`DISMISSAL OF APPEAL
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`By and through their counsel, Appellants and Appellees, having reached a
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`settlement agreement regarding all claims on appeal, hereby jointly move for
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`voluntary dismissal of the appeal in this matter, pursuant to Rule 42(b), Federal
`
`Rules of Appellate Procedure, the parties to bear their own costs and attorneys’ fees.
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`Appellate Case: 19-4162 Document: 010110366751 Date Filed: 06/25/2020 Page: 2
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`Dated this 25th day of June, 2020:
`
`Dated this 25th day of June, 2020:
`
`s/ Ross C. Anderson
`Ross C. Anderson
`ANDERSON & MASON
`The Judge Building
`Eight East Broadway, Suite 450
`Salt Lake City, Utah 84111
`Telephone: (801) 349-1690
`rocky@andersonmason.com
`Attorney for Appellants
`
`s/ Stanford E. Purser
`Stanford E. Purser
`Deputy Solicitor General
`OFFICE OF THE UTAH ATTORNEY
`GENERAL
`P.O. Box 140858
`Salt Lake City, UT 84114
`(801) 366-0533
`spurser@agutah.gov
`Counsel for Appellees Governor Gary
`R. Herbert, and Joseph K. Miner,
`M.D., MSPH
`
`2
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`
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`Appellate Case: 19-4162 Document: 010110366751 Date Filed: 06/25/2020 Page: 3
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`CERTIFICATE OF DIGITAL SUBMISSION
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`I hereby certify that with respect to the foregoing JOINT MOTION FOR,
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`AND STIPULATION TO, DISMISSAL OF APPEAL:
`
`(1) all required privacy redactions have been made per 10th Cir. R.
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`25.5;
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`(2) if required to file additional hard copies, that the CM/ECF
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`submission is an exact copy of those documents; and
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`(3) the digital submissions have been scanned for viruses with the
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`most recent version of a commercial virus scanning program,
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`MALWAREBYTES PREMIUM, VERSION 4.1.0.56,
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`UPDATED JUNE 25, 2020, and according to the program are
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`free of viruses.
`
`
`
`Dated this 25th day of June, 2020:
`
`s/ Ross C. Anderson
`Ross C. Anderson
`ANDERSON & MASON
`The Judge Building
`Eight East Broadway, Suite 450
`Salt Lake City, Utah 84111
`Telephone: (801) 349-1690
`rocky@andersonmason.com
`Attorney for Appellants
`
`
`
`
`
`
`
`3
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`Appellate Case: 19-4162 Document: 010110366751 Date Filed: 06/25/2020 Page: 4
`
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`CERTIFICATE OF SERVICE
`
`I hereby certify that on June 25, 2020, I electronically filed the foregoing
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`JOINT MOTION FOR, AND STIPULATION TO, DISMISSAL OF APPEAL
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`using the court’s CM/ECF system which will send notification of such filing to the
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`following:
`
`Stanford E. Purser, counsel for Appellees, at spurser@agutah.gov, and
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`Tyler R. Green, counsel for Appellees, at tylergreen@agutah.gov.
`
`Dated this 25 day of June, 2020:
`
`s/ Ross C. Anderson
`Ross C. Anderson
`ANDERSON & MASON
`The Judge Building
`Eight East Broadway, Suite 450
`Salt Lake City, Utah 84111
`Telephone: (801) 349-1690
`rocky@andersonmason.com
`Attorney for Appellants
`
`4
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