Case: Buck v. Stankovic

3:07-cv-00717 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: April 17, 2007

Clearinghouse coding complete

Case Summary

On April 17, 2007, a U.S. citizen and a citizen of Mexico, represented by the ACLU Foundation, the ACLU of Pennsylvania and private attorneys, filed suit in the U.S. District Court for the Middle District of Pennsylvania to challenge the denial of their application for a marriage license. Luzerne County required persons seeking to obtain a marriage license to prove their lawful presence in the United States before their application for a marriage license would be accepted. Plaintiffs' § 1983 c…

On April 17, 2007, a U.S. citizen and a citizen of Mexico, represented by the ACLU Foundation, the ACLU of Pennsylvania and private attorneys, filed suit in the U.S. District Court for the Middle District of Pennsylvania to challenge the denial of their application for a marriage license. Luzerne County required persons seeking to obtain a marriage license to prove their lawful presence in the United States before their application for a marriage license would be accepted. Plaintiffs' § 1983 complaint alleged that this policy was unconstitutional in that it violated the Due Process Clause, the Equal Protection Clause and the Supremacy Clause. Plaintiffs moved for a TRO and/or a preliminary injunction the day after suit was filed.

Following a hearing on the plaintiffs' motions, the District Court (Judge A. Richard Caputo) granted the plaintiffs' request for a TRO and enjoined the County from requiring the non-U.S. citizen plaintiff to produce a visa or other proof of his lawful presence in the United States as a condition of obtaining a marriage license. Judge Caputo reasoned that both the U.S. citizen plaintiff and the Mexican citizen possessed the same fundamental right to marry, that defendants' policy did not appear to be closely tailored enough to effectuate a sufficiently important state interest, and therefore, the plaintiffs demonstrated a reasonable probability that the County policy violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment.

After several months of negotiations, the court signed a consent order on February 11, 2008. The parties agreed that the defendant would no longer require any applicant to produce a visa or other proof of lawful presence in the United States and would post that policy publicly.

The plaintiffs filed a motion for attorneys' fees and costs, which the court granted on August 27, 2008.

Summary Authors

Elizabeth Daligga (7/17/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4373054/parties/buck-v-stankovic/


Judge(s)

Caputo, A. Richard (Pennsylvania)

Attorneys(s) for Plaintiff

Chang, Jennifer (California)

Diver, Edward (Pennsylvania)

Grogan, John J. (Pennsylvania)

Guttentag, Lucas (New York)

Jadwat, Omar C. (New York)

Newell, Jennifer Chang (California)

Roper, Mary Catherine (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Attorneys(s) for Defendant

Falvello, Conrad A. (Pennsylvania)

Judge(s)

Caputo, A. Richard (Pennsylvania)

Attorneys(s) for Plaintiff

Chang, Jennifer (California)

Diver, Edward (Pennsylvania)

Grogan, John J. (Pennsylvania)

Guttentag, Lucas (New York)

Jadwat, Omar C. (New York)

Newell, Jennifer Chang (California)

Roper, Mary Catherine (Pennsylvania)

Walczak, Witold J. (Pennsylvania)

Attorneys(s) for Defendant

Falvello, Conrad A. (Pennsylvania)

Hudacek, Michael J. (Pennsylvania)

Mahoney, Harry G. (Pennsylvania)

Documents in the Clearinghouse

Document

3:07-cv-00717

Docket [PACER]

Oct. 23, 2008

Oct. 23, 2008

Docket
1

3:07-cv-00717

Verified Complaint

April 17, 2007

April 17, 2007

Complaint
24

3:07-cv-00717

Memorandum

485 F.Supp.2d 576, 2007 U.S.Dist.LEXIS 31821

May 1, 2007

May 1, 2007

Order/Opinion
42

3:07-cv-00717

Consent Order

Feb. 11, 2008

Feb. 11, 2008

Order/Opinion
45

3:07-cv-00717

Plaintiffs' Petition for Attorneys' Fees and Costs Pursuant to 42 U.S.C. §1988

March 27, 2008

March 27, 2008

Pleading / Motion / Brief
52

3:07-cv-00717

Memorandum

2008 WL 4072656

Aug. 27, 2008

Aug. 27, 2008

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4373054/buck-v-stankovic/

Last updated Aug. 11, 2022, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Dorothy Stankovic ( Filing fee $350, Receipt Number 1011785), filed by Heather Buck, Jose Guadelupe Arias-Maravilla. (Attachments: # 1 Civil Cover Sheet # 2 Exhibit(s))(ch, ) (Entered: 04/18/2007)

2 Civil Cover Sheet

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3 Exhibit(s)

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April 17, 2007

April 17, 2007

PACER
2

AFFIDAVIT filed by Heather Buck, Jose Guadelupe Arias-Maravilla. (ch, ) (Entered: 04/18/2007)

April 17, 2007

April 17, 2007

PACER
3

MOTION for Temporary Restraining Order and/or Preliminary Injunction by Heather Buck, Jose Guadelupe Arias-Maravilla. (Attachments: # 1 Proposed Order # 2 Affidavit # 3 Affidavit # 4 Affidavit)(Roper, Mary) (Entered: 04/18/2007)

1 Proposed Order

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2 Proposed Order

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3 Affidavit

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4 Affidavit

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5 Affidavit

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April 18, 2007

April 18, 2007

PACER
4

BRIEF IN SUPPORT re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Heather Buck, Jose Guadelupe Arias-Maravilla.(Roper, Mary) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

PACER
5

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Mary Catherine Roper on behalf of Heather Buck, Jose Guadelupe Arias-Maravilla Attorney John Grogan is seeking special admission. Filing fee $ 25, receipt number 1012810.. (Roper, Mary) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

PACER
6

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Mary Catherine Roper on behalf of all plaintiffs Attorney Edward Diver is seeking special admission. Filing fee $ 25, receipt number 1012814.. (Roper, Mary) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

PACER
7

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Mary Catherine Roper on behalf of all plaintiffs Attorney Omar Jadwat is seeking special admission. Filing fee $ 25, receipt number 1012816.. (Roper, Mary) (Entered: 04/18/2007)

April 18, 2007

April 18, 2007

PACER
9

ORDER setting hearing on Plaintiff's Motion for a Temporary Restraining Order and/or Preliminary Injuction. TRO/Prel/Perm Injunction Hearing set for 4/26/2007 10:00 AM in Scranton before Honorable A. Richard Caputo. Signed by Judge A. Richard Caputo on 4/19/07. (hm, ) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER
10

SPECIAL ADMISSIONS FORM APPROVED as to John J. Grogan signed by Judge A. Richard Caputo on 4/19/07. (hm, ) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER
11

SPECIAL ADMISSIONS FORM APPROVED as to Edward Diver signed by Judge A. Richard Caputo on 4/19/07. (hm, ) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER
12

SPECIAL ADMISSIONS FORM APPROVED as to Omar C. Jadwat signed by Judge A. Richard Caputo on 4/19/07. (hm, ) (Entered: 04/19/2007)

April 19, 2007

April 19, 2007

PACER
13

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Mary Catherine Roper on behalf of all plaintiffs Attorney Jennifer Chang is seeking special admission. Filing fee $ 25, receipt number 1014633.. (Roper, Mary) (Entered: 04/21/2007)

April 21, 2007

April 21, 2007

PACER
14

NOTICE of Appearance by Harry G. Mahoney on behalf of all defendants (Mahoney, Harry) (Entered: 04/23/2007)

April 23, 2007

April 23, 2007

PACER
15

SPECIAL ADMISSIONS FORM APPROVED as to Jennifer C. Changsigned by Judge A. Richard Caputo on 4/24/07. (hm, ) (Entered: 04/24/2007)

April 24, 2007

April 24, 2007

PACER
16

ANSWER TO STATEMENT OF FACTS re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction Response to Motion for Temporary Restraining Order filed by Dorothy Stankovic.(Mahoney, Harry) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

PACER
17

BRIEF IN SUPPORT Brief Contra Plaintiffs' Motion for Temporary Restraining Order re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Dorothy Stankovic.(Mahoney, Harry) (Entered: 04/25/2007)

April 25, 2007

April 25, 2007

PACER
26

List of Exhibits admitted at the Temporary Restraining Order/Injunction hearing held 4/26/07. Exhibits located in Chambers. (hm, ) (Entered: 05/09/2007)

April 26, 2007

April 26, 2007

PACER
19

TRANSCRIPT of Excerpt of Proceedings from TRO Hearing held on 4/26/2007. (cr1, ) (Entered: 04/27/2007)

April 27, 2007

April 27, 2007

PACER
20

BRIEF IN SUPPORT re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Heather Buck, Jose Guadelupe Arias-Maravilla. (Attachments: # 1 Exhibit(s) Transcript# 2 Supplement DOT Publication)(Roper, Mary) (Entered: 04/27/2007)

2 Exhibit(s) Transcript

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3 Supplement DOT Publication

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April 27, 2007

April 27, 2007

PACER
21

BRIEF IN SUPPORT With Tables re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction filed by Heather Buck, Jose Guadelupe Arias-Maravilla. (Attachments: # 1 Exhibit(s) Transcript# 2 Exhibit(s) DOT Publication# 3 Exhibit(s) Unpublished case)(Roper, Mary) (Entered: 04/27/2007)

2 Exhibit(s) Transcript

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3 Exhibit(s) DOT Publication

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4 Exhibit(s) Unpublished case

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April 27, 2007

April 27, 2007

PACER
22

TRANSCRIPT of Proceedings of TRO Hearing held on Thursday, April 26, 2007. (cr1, ) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

PACER
23

BRIEF IN OPPOSITION re 3 MOTION for Temporary Restraining Order and/or Preliminary Injunction Defendant's Post Hearing Brief Contra Plaintiffs' Motion for TRO filed by Dorothy Stankovic.(Mahoney, Harry) (Entered: 04/30/2007)

April 30, 2007

April 30, 2007

PACER
24

MEMORANDUM AND ORDER granting 3 Plaintiffs' Motion for TRO and/or Preliminary Injunction. Defendant Dorothy Stankovic, Register of Wills for Luzerne County, her agents and employees, are ENJOINED and RESTRAINED from requiring that Plaintiff Jose Guadelupe Arias-Maravilla produce a visa or other proof of his lawful presence in the United States as a condition of obtaining a marriage license. The requirement that a security bond be posted is hereby WAIVED. Signed by Judge A. Richard Caputo on 5/1/07 (hm, ) (Entered: 05/01/2007)

May 1, 2007

May 1, 2007

RECAP
25

Letter from Harry G. Mahoney, Esquire to Judge Caputo noticing compliance with Court Order of May 1, 2007. (Mahoney, Harry) (Entered: 05/08/2007)

May 8, 2007

May 8, 2007

PACER
27

STIPULATION re 1 Complaint Stipulation to Extend Time to Answer Complaint by Dorothy Stankovic. (Mahoney, Harry) (Entered: 05/11/2007)

May 11, 2007

May 11, 2007

RECAP
28

ORDER Approving 27 Stipulation to Extend Time to Answer Complaint. Dorothy Stankovic answer due 5/26/2007. Signed by Judge A. Richard Caputo on 5/15/07. (hm, ) (Entered: 05/15/2007)

May 15, 2007

May 15, 2007

PACER
29

Answer to Plaintiffs' Complaint with Affirmative Defenses ANSWER to Complaint with Jury Demand by Dorothy Stankovic.(Mahoney, Harry) (Entered: 05/25/2007)

May 25, 2007

May 25, 2007

PACER
30

ORDER Scheduling Case Management Conference for 10/4/2007 11:00 AM in Chambers, Scranton before Honorable A. Richard Caputo. Signed by Judge A. Richard Caputo on 8/1/07. (hm, ) (Entered: 08/01/2007)

Aug. 1, 2007

Aug. 1, 2007

PACER
31

Letter to Court dated 8/10/07 from Mary Catherine Roper, Esquire, requesting this matter be referred to a Magistrate Judge for the purposes of mediation. (hm, ) (Entered: 08/21/2007)

Aug. 20, 2007

Aug. 20, 2007

PACER
32

ORDER REFERRING CASE for Settlement Conference/Mediation to Judge Thomas M. Blewitt. Signed by Judge A. Richard Caputo on 8/21/07. (hm, ) (Entered: 08/21/2007)

Aug. 21, 2007

Aug. 21, 2007

PACER
33

ORDER; IT IS ORDERED THAT: 1. A settlement confr shall be conducted on Sept 27, 2007 at l0 AM in chambers. 2. All persons having settlement authority shall be either present or available telephonically on the date and time of the confr. The attention of the parties and counsel is directed to the District Court's order of Aug 21, 2007. (Doc 32). 3. On or by Sept 24, 2007, the parties shall submit to the undersigned, via facsimile at 570-207-5749, a brief, concise and confidential settlement memorandum. Signed by Judge Thomas M. Blewitt on 8/22/07. (jb, ) (Entered: 08/22/2007)

Aug. 22, 2007

Aug. 22, 2007

PACER
34

RE-SCHEDULING ORDER: Case Management Conference set for 10/4/2007 11:00 AM in Scranton will now take place in the US Courthouse, Suite 235, Wilkes-Barre before Honorable A. Richard Caputo.Signed by Judge A. Richard Caputo on 8/23/2007. (bg, ) (Entered: 08/24/2007)

Aug. 24, 2007

Aug. 24, 2007

PACER
36

CASE MANAGEMENT PLAN of all parties by Heather Buck, Jose Guadelupe Arias-Maravilla. (Roper, Mary) (Entered: 09/28/2007)

Sept. 28, 2007

Sept. 28, 2007

PACER
37

MOTION to Continue Rule 16 Scheduling Conference by Dorothy Stankovic. (Attachments: # 1 Proposed Order)(Mahoney, Harry) (Entered: 10/03/2007)

2 Proposed Order

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Oct. 3, 2007

Oct. 3, 2007

PACER
38

ORDER granting 37 Defendant's Motion to Continue the Rule 16 Scheduling Conference. The conference is hereby continued generally until rescheduled by the Court, if necessary, in order to permit the parties to conclude their settlement. Signed by Judge A. Richard Caputo on 10/4/07. (hm, ) (Entered: 10/04/2007)

Oct. 4, 2007

Oct. 4, 2007

PACER
39

NOTICE by Heather Buck, Jose Guadelupe Arias-Maravilla OF FIRM NAME CHANGE (Grogan, John) (Entered: 01/09/2008)

Jan. 9, 2008

Jan. 9, 2008

PACER
40

ORDER for parties to file a status report re: settlement within ten (10) days of the date of this Order. Signed by Honorable A. Richard Caputo on 1/18/08. (hm, ) (Entered: 01/18/2008)

Jan. 18, 2008

Jan. 18, 2008

PACER
41

STATUS REPORT by Heather Buck, Jose Guadelupe Arias-Maravilla, Dorothy Stankovic. (Attachments: # 1 Consent Order)(Mahoney, Harry) (Entered: 01/28/2008)

2 Consent Order

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Jan. 28, 2008

Jan. 28, 2008

PACER
42

CONSENT ORDER resolving remaining issues in this case. Signed by Honorable A. Richard Caputo on 2/11/08. (hm, ) (Entered: 02/11/2008)

Feb. 11, 2008

Feb. 11, 2008

PACER
43

Letter to Attorney Grogan from Court re: removal or destruction of exhibits submitted at the injunction hearing held 4/26/08 w/permission for destruction form attached. (hm, ) (Entered: 03/27/2008)

March 27, 2008

March 27, 2008

PACER
44

Letter to Attorney Mahoney from Court re: removal or destruction of exhibits submitted at the injunction hearing held 4/26/08 w/permission for destruction form attached. (hm, ) (Entered: 03/27/2008)

March 27, 2008

March 27, 2008

PACER
45

MOTION for Attorney Fees and Costs Pursuant to 42 U.S.C. 1988 by Heather Buck, Jose Guadelupe Arias-Maravilla. (Attachments: # 1 Exhibit(s) #1 Transcript, # 2 Exhibit(s) #2 Dec. Witold Walczak, # 3 Exhibit(s) #3 Dec. John Grogan, # 4 Exhibit(s) #4 Dec. Edward Diver, # 5 Exhibit(s) #5 Dec. Mary Catherine Roper, # 6 Exhibit(s) #6 Dec. Omar Jadwat, # 7 Exhibit(s) #7 Dec. Jennifer Chang, # 8 Exhibit(s) #8 Dec. Seth Kreimer, # 9 Exhibit(s) #9 Dec. Edward Posner, # 10 Exhibit(s) #10 Dec. Francis Patrick Newell, # 11 Exhibit(s) #11 Composite Chart of Fees)(Roper, Mary) (Additional attachment(s) added on 3/28/2008: # 12 Unpublished Cases - Binder 1, # 13 Unpublished Cases - Binder 2) (rm, ). (Entered: 03/27/2008)

2 Exhibit(s) #1 Transcript

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3 Exhibit(s) #2 Dec. Witold Walczak

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4 Exhibit(s) #3 Dec. John Grogan

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5 Exhibit(s) #4 Dec. Edward Diver

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6 Exhibit(s) #5 Dec. Mary Catherine Roper

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7 Exhibit(s) #6 Dec. Omar Jadwat

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8 Exhibit(s) #7 Dec. Jennifer Chang

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9 Exhibit(s) #8 Dec. Seth Kreimer

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10 Exhibit(s) #9 Dec. Edward Posner

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11 Exhibit(s) #10 Dec. Francis Patrick Newell

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12 Exhibit(s) #11 Composite Chart of Fees

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13 Unpublished Cases - Binder 1

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14 Unpublished Cases - Binder 2

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March 27, 2008

March 27, 2008

PACER
46

STIPULATION re 45 MOTION for Attorney Fees and Costs Pursuant to 42 U.S.C. 1988 by Heather Buck, Jose Guadelupe Arias-Maravilla, Dorothy Stankovic. (Mahoney, Harry) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

PACER
47

STIPULATION AND ORDER - Of Extension of time to repsond to Plaintiff's Petition for Attorneys Fees and Costs is GRANTED until May 1, 2008.Signed by Honorable A. Richard Caputo on 4/10/08. (ga, ) (Entered: 04/10/2008)

April 10, 2008

April 10, 2008

PACER
48

RESPONSE by Dorothy Stankovic to 45 MOTION for Attorney Fees and Costs Pursuant to 42 U.S.C. 1988. (Attachments: # 1 Exhibit(s) Exhibit A to Response to Fee Petition, # 2 Exhibit(s) Exhibit B to Response to Fee Petition)(Mahoney, Harry) (Entered: 05/01/2008)

2 Exhibit(s) Exhibit A to Response to Fee Petition

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3 Exhibit(s) Exhibit B to Response to Fee Petition

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May 1, 2008

May 1, 2008

PACER
49

STIPULATION re 45 MOTION for Attorney Fees and Costs Pursuant to 42 U.S.C. 1988 by Heather Buck, Jose Guadelupe Arias-Maravilla. (Roper, Mary) (Entered: 05/13/2008)

May 13, 2008

May 13, 2008

PACER
50

ORDER re 45 Stipulation to Extend Time for Plaintiff's Reply in Support of Petition for Attorney's Fees and Costs. The Plaintiff is granted an extension of one week, May 23,2008, to file a reply in support of their Petition for Attorney's Fees and Costs.Reply Brief due by 5/23/2008.Signed by Honorable A. Richard Caputo on 5/16/08. (erp, ) (Entered: 05/16/2008)

May 16, 2008

May 16, 2008

PACER
51

REPLY BRIEF re 45 MOTION for Attorney Fees and Costs Pursuant to 42 U.S.C. 1988 filed by Heather Buck, Jose Guadelupe Arias-Maravilla. (Attachments: # 1 Exhibit(s) Declaration of Thomas B. Schmidt, III, # 2 Exhibit(s) Supplemental Decl. of Mary Catherine Roper, # 3 Exhibit(s) Transcript of Proceedings)(Roper, Mary) (Entered: 05/23/2008)

2 Exhibit(s) Declaration of Thomas B. Schmidt, III

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3 Exhibit(s) Supplemental Decl. of Mary Catherine Roper

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4 Exhibit(s) Transcript of Proceedings

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May 23, 2008

May 23, 2008

PACER
52

MEMORANDUM AND ORDER granting 45 Motion for Attorney Fees. IT IS HEREBY ORDERED that Plaintiffs' Petition for attorneys' fees and costs is GRANTED as follows: (1) Plaintiffs are awarded counsel fees as follows: (a) for Mary Catherine Roper, of the ACLU of Pennsylvania: nineteen thousand, two hundred thirty-eight dollars and sixty cents ($19,238.60). (b) For John Grogan of Langer, Grogan and Diver, P.C.: thirty three thousand, four hundred eighty-six dollars and thirty cents ($33,486.30). (c) For Edward Diver of Langer, Grogan, and Diver, P.C.: twenty-nine thousand, eight hundred twenty-two dollars ($29,822). (d) For Omar Jadwat of the ACLU Foundation Immigrants' Rights Project based in New York: one thousand, five hundred forty-eight dollars ($1,548). (e) For Jennifer Chang of the ACLU Foundation Immigrants' Rights Project based in San Francisco: seven hundred and four dollars ($704.). (f) For Seth Kreimer, of the University of Pennsylvania Law School: one thousand, two hundred dollars ($1,200). (2) Plaintiffs are awarded costs in the amount of one thousand, eight hundred fifteen dollars and fifty-nine center ($1,815.59). Signed by Honorable A. Richard Caputo on 8/27/08 (jam, ) (Entered: 08/27/2008)

Aug. 27, 2008

Aug. 27, 2008

RECAP
53

Praecipe to Satisfy Award of Attorneys Fees and Costs filed by Defense Counsel on behalf of Plaintiffs Counsel Mary Catherine Roper, Esquire. (Mahoney, Harry) (Entered: 10/23/2008)

Oct. 23, 2008

Oct. 23, 2008

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 17, 2007

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

United States citizen and a citizen of Mexico who wished to marry but were denied marriage license.

Attorney Organizations:

ACLU National (all projects)

ACLU Immigrants' Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Luzerne County (Luzerne), County

Resister of Wills Luzerne County (Luzerne), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2007 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

National origin discrimination

Immigration/Border:

Constitutional rights

Family Separation

Undocumented immigrants - state and local regulation