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Case: Doe v. Reed

3:09-cv-05456 | U.S. District Court for the Western District of Washington

Filed Date: July 28, 2009

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On July 28, 2009, plaintiffs, two anonymous individuals who signed a voting petition and the group that organized the petition drive, filed a lawsuit in the U.S. District Court for the Western District of Washington against the State of Washington under 42 U.S.C. §1983. Plaintiffs, represented by private counsel, challenged the constitutionality of the state's Public Records Act as applied to the referendum process, claiming violations of the First and Fourteenth Amendments. They sought declara…

On July 28, 2009, plaintiffs, two anonymous individuals who signed a voting petition and the group that organized the petition drive, filed a lawsuit in the U.S. District Court for the Western District of Washington against the State of Washington under 42 U.S.C. §1983. Plaintiffs, represented by private counsel, challenged the constitutionality of the state's Public Records Act as applied to the referendum process, claiming violations of the First and Fourteenth Amendments. They sought declaratory relief and an injunction against defendants from making referendum petitions available to the public.

Specifically, the petition at issue was organized by opponents to a law signed by the governor of Washington that extended the rights and privileges of gay and lesbian domestic partners. Washington law permits the public to petition for a review of new laws in a referendum by collecting the signatures of 4% of the voters for governor in the previous election. Opponents of the new law organized a campaign entitled "Protect Marriage Washington" and turned in a petition containing 138,500 signatures. Various groups immediately filed requests under the Washington Public Records Act seeking the names and contact information of those who had signed the petition. The plaintiffs in this case were two anonymous individuals who signed the petition and the group that organized the petition drive. Their complaint contained two counts. The first was a facial challenge to the Public Records Act as applied to referendums in general. It claimed that the First Amendment protects the names and contact information of those signing referendum petitions from being disclosed to the public. The second count was an as applied challenge to the constitutionality of the Public Records Act in this particular referendum. It claimed that releasing the names of petition signers in this instance will lead to threats and harassment.

On September 10, 2009, District Court Judge Benjamin Settle granted the plaintiffs' request for a preliminary injunction finding that plaintiffs were likely to succeed on the merits of the first count. The court did not reach the merits of the as applied challenge. The State appealed to the U.S. Court of Appeals for the Ninth Circuit. On October 22, 2009, a three judge panel (Judges Tashima, Pregerson, and Smith) overruled the district court. 586 F.3d 671 (2012). The panel reasoned that the district court had erred in applying strict scrutiny since even assuming petition signing is political speech, it is neither private nor anonymous. The circuit court held that the government had a valid interest in both promoting transparency and accountability and in informing voters of who was putting the measure on the ballot. Plaintiffs appealed to the United States Supreme Court which granted certiorari.

The Supreme Court affirmed the Ninth Circuit on June 24, 2010 in an 8-1 decision written by Chief Justice Roberts. 130 S.Ct. 2811 (2010). Justice Thomas was the lone dissenter. Justices Breyer, Alito, Sotomayor, Stevens, and Scalia each filed concurring opinions. The overall holding was that the state's interest in preventing fraud sufficed to overcome the facial challenge to the Public Records Act as applied to referendums. The Supreme Court then remanded the case for litigation on the merits of the as applied challenge to the Public Records Act in this particular referendum.

On October 17, 2011, the District Court ordered summary judgment for the State on the as applied challenge. 823 F.Supp.2d 1195 (2011). The district court found the plaintiffs evidence of potential harassment insufficient to grant an as applied exemption. And on November 8, 2011, the district court denied plaintiffs' motion for a stay pending appeal. On November 21, 2011, the Supreme Court of the United States also denied plaintiffs' request for a stay pending appeal, with Justice Alito filing a short dissent. 132 S.Ct. 449 (2011). The signed petitions therefore became publicly available. On October 23, 2012, the Ninth Circuit reviewed the district court's grant of summary judgment and dismissed the case as moot because the requested relief of preventing dissemination of the petitions could not be effectively realized. 697 F.3d 1235 (2012).

Summary Authors

Joshua Arocho (6/19/2012)

Richard Jolly (9/27/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4410446/parties/john-doe-1-v-reed/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Pregerson, Harry (California)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Settle, Benjamin Hale (Washington)

Smith, Norman Randy (Idaho)

Sotomayor, Sonia (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Pregerson, Harry (California)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Settle, Benjamin Hale (Washington)

Smith, Norman Randy (Idaho)

Sotomayor, Sonia (District of Columbia)

Stevens, John Paul (District of Columbia)

Tashima, Atsushi Wallace (California)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Bieniek, Scott F (Indiana)

Bopp, James Jr. (Indiana)

Coleson, Richard E. (Indiana)

Haynie, Jared M. (Indiana)

La Rue, Joseph E. (Arizona)

Phillips, Kaylan L. (Indiana)

Pidgeon, Stephen Walter (Indiana)

Troupis, Sarah E (Indiana)

Attorneys(s) for Defendant

Clark, William G. (Washington)

Collins, William B. (Washington)

Egeler, Anne Elizabeth (Washington)

Geck, Jay Douglas (Washington)

Hart, Maureen (Washington)

McKenna, Robert M. (Washington)

Pharris, James Kendrick (Washington)

Talner, Nancy Lynn (Washington)

Other Attorney(s)

Abegg, Heidi Karin (District of Columbia)

Albano, Jonathan M. (Massachusetts)

Barnes, Rhonda L. (Arizona)

Beane, Amanda J. (Washington)

Blakeney, Sharon F (Texas)

Bullock, Steve (Montana)

Caso, Anthony T. (California)

Chatillon, M. Devereux (New York)

Coakley, Martha (Massachusetts)

Cooper, Charles Justin (District of Columbia)

Cordray, Richard (Ohio)

Dalglish, Lucy A. (Virginia)

Day, Ross A. (Oregon)

Dixson, Steven Joseph (Washington)

Dow, Paula T. (New Jersey)

Dullanty, Frederick J. Jr. (Washington)

Edmondson, W. A. Drew (Oklahoma)

Ferrara, Peter J. (Virginia)

Gansler, Douglas F. (Maryland)

Gellert, Nicholas Peter (Washington)

Gerson, Stuart M. (District of Columbia)

Goddard, Terry (Arizona)

Hamilton, Kevin J. (Washington)

Hilton, John C. (District of Columbia)

Hirsen, James L. (California)

Hoersting, Stephen M. (Virginia)

Hohengarten, William M. (District of Columbia)

Holmes, Peter S. (Washington)

Hood, Jim (Mississippi)

Hull, Cordell A. (District of Columbia)

Jackley, Marty J. (South Dakota)

Johnson, Bruce E.H. (Washington)

King, Gary K. (New Mexico)

Kroger, John R. (Oregon)

Long, Elisabeth (Ohio)

Madigan, Lisa (Illinois)

Mattox, Michael Casey (District of Columbia)

McBrayer, Ryan (Washington)

McCollum, Bill (Florida)

McMaster, Henry D (South Carolina)

Mills, Janet T. (Maine)

Mizer, Benjamin C. (Ohio)

Mohr, Christopher A. (District of Columbia)

Peterson, Samuel (Ohio)

Rotenberg, Marc (District of Columbia)

Ruda, Richard (District of Columbia)

Sekulow, Jay Alan (District of Columbia)

Shapiro, Ilya (District of Columbia)

Shurtleff, Mark L. (Utah)

Simpson, Steven M. (Virginia)

Sorrell, William H. (Vermont)

Stafford, William B (Washington)

Staver, Mathew D. (Florida)

Stenehjem, Wayne (North Dakota)

Suthers, John W. (Colorado)

Swinton, Duane M (Washington)

Titus, Herbert W. (Virginia)

Van Hollen, J.B. (Wisconsin)

Wasden, Lawrence G. (Idaho)

Weatherhead, Leslie R (Washington)

West, Arthur S. (Washington)

Willard, Glenn M. (District of Columbia)

Documents in the Clearinghouse

Document

3:09-cv-05456

Docket for the District Court

Nov. 15, 2012

Nov. 15, 2012

Docket
2

3:09-cv-05456

Complaint

July 28, 2009

July 28, 2009

Complaint
9

3:09-cv-05456

ORDER GRANTING PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER

July 29, 2009

July 29, 2009

Order/Opinion
59

3:09-cv-05456

ORDER AMENDING AND EXTENDING THE COURT'S TRO

Sept. 3, 2009

Sept. 3, 2009

Order/Opinion
63

3:09-cv-05456

ORDER GRANTING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION

Sept. 10, 2009

Sept. 10, 2009

Order/Opinion

09-35818

Opinion of the United States Court of Appeals for the Ninth Circuit (Reversing the district court)

U. S. Court of Appeals for the Ninth Circuit

Oct. 22, 2009

Oct. 22, 2009

Order/Opinion

09-00559

Petition for Writ of Certiorari

Supreme Court of the United States

Nov. 6, 2009

Nov. 6, 2009

Pleading / Motion / Brief

09-00559

Supreme Court of the United States Opinion (Affirming the Ninth Circuit)

Supreme Court of the United States

June 24, 2010

June 24, 2010

Order/Opinion
151

3:09-cv-05456

Order Denying Plaintiff's Motion for Reconsideration

Oct. 5, 2010

Oct. 5, 2010

Order/Opinion
152

3:09-cv-05456

Order Denying Plaintiff's Motion for Protective Order and Granting Intervenor Washington Families Standing Together's Motion to Seal

Oct. 6, 2010

Oct. 6, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4410446/john-doe-1-v-reed/

Last updated Sept. 6, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

MINUTE ENTRY for proceedings held before Judge Benjamin H. Settle held on 07/28/2009: Dep Clerk: G. Craft; Pla Counsel: Stephen Pidgeon; CR: Julaine Ryen; Time of Hearing: 4:20; Courtroom: E;Court indicates Plaintiff needs to personally serve Defendants and appear for a TRO Hearing on 7/29/2009 at 2:30 PM in Courtroom E before Judge Benjamin H. Settle. (MGC) (Entered: 07/28/2009)

July 28, 2009

July 28, 2009

PACER
2

COMPLAINT against defendant(s) Sam Reed and Debra Galarza (Receipt # SEA 27931), filed by John Doe #1, John Doe #2, and Protect Marriage Washington. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet attachment, # 3 Exhibit 1 to Complaint, # 4 Exhibit 2 to Complaint, # 5 Exhibit 3 to Complaint, # 6 Exhibit 4 to Complaint, # 7 Signature page to Complaint) (TG) (Entered: 07/29/2009)

1 Civil Cover Sheet

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2 Civil Cover Sheet

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3 Civil Cover Sheet attachment

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4 Exhibit 1 to Complaint

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5 Exhibit 2 to Complaint

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6 Exhibit 3 to Complaint

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7 Exhibit 4 to Complaint

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8 Signature page to Complaint

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July 28, 2009

July 28, 2009

Clearinghouse
3

MOTION Plaintiffs Notice of Motion and Motion for Temporary Restraining Order and Preliminary Injunction, and Memorandum in Support of Motion for TemporaryRestraining Order and Preliminary Injunction by Plaintiffs John Doe #1, John Doe #2, and Protect Marriage Washington. (Attachments: # 1 Proposed Order on Motion for Preliminary Injunction, # 2 Proposed Order on Motion for Temporary Restraining Order); Noting Date 7/29/2009. (TG) (Entered: 07/29/2009)

2 Proposed Order on Motion for Preliminary Injunction

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3 Proposed Order on Motion for Temporary Restraining Order

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July 28, 2009

July 28, 2009

RECAP
4

DECLARATION of Scott F. Bieniek in Support of Plaintiffs' Motion for a TRO and Preliminary Injunction filed by Plaintiffs John Doe #1, John Doe #2, and Protect Marriage Washington re 3 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17)(TG) # 18 Signed page 32 of 3 ) (MGC). (Entered: 07/29/2009)

2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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15 Exhibit 14

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16 Exhibit 15

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17 Exhibit 16

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18 Exhibit 17

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19 Signed page 32 of [3]

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July 28, 2009

July 28, 2009

RECAP
5

DECLARATION of Scott F. Bieniek Pursuant to Fed. R. Civ. P. 65(b)(1)(B) filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington re 3 MOTION for Temporary Restraining Order and Preliminary Injunction. (TG) (Entered: 07/29/2009)

July 28, 2009

July 28, 2009

PACER
6

NOTICE Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington FRCP Rule 5.1 Notice to the Attorney General of Washington. (TG) (Entered: 07/29/2009)

July 28, 2009

July 28, 2009

PACER
7

MOTION to Exceed Page Limit by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. (Attachments: # 1 Proposed Order); Noting Date 7/29/2009. (TG) # 2 Signed page 2 of 7 ) (MGC). (Entered: 07/29/2009)

2 Proposed Order

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3 Signed page 2 of [7]

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July 28, 2009

July 28, 2009

PACER
8

DECLARATION of Service by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. (Pidgeon, Stephen) (Entered: 07/29/2009)

July 29, 2009

July 29, 2009

PACER
9

ORDER granting 3 Motion for TRO signed by Judge Benjamin H. Settle: Responsive Brief due by 8/14/2009; Reply Brief due by 8/21/2009; Preliminary Injunction Hearing set for 9/3/2009 at 2:30 PM in Courtroom E before Judge Benjamin H. Settle.(MGC) (Entered: 07/29/2009)

July 29, 2009

July 29, 2009

Clearinghouse
17

ORDER granting 7 Motion for Leave to File Excess Pages, signed by Judge Benjamin H. Settle.(MGC) (Entered: 07/30/2009)

July 29, 2009

July 29, 2009

PACER
20

MINUTE ENTRY: TRO Hearing held on 7/29/2009 before Judge Benjamin H Settle - Dep Clerk: G. Craft; Pla Counsel: Stephen Pidgeon; Def Counsel: Not Appearing; CR: Julaine Ryen; Time of Hearing: 2:30; Courtroom: E; For the reasons stated on the record, the Court grants Plaintiffs' motion for a Temporary Restraining Order; Court enters an order memorializing the Court's decision (dkt 9); a hearing on the preliminary injunction is scheduled for 09/03/09 at 2:30 p.m. (MGC) (Entered: 07/30/2009)

July 29, 2009

July 29, 2009

PACER
10

APPLICATION OF ATTORNEY James Bopp, Jr. FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington (Fee Paid) Receipt No. 09810000000001815890. (Attachments: # 1 ECF Registration Form)(Pidgeon, Stephen) (Entered: 07/30/2009)

2 ECF Registration Form

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July 30, 2009

July 30, 2009

PACER
11

APPLICATION OF ATTORNEY Sarah E. Troupis FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington (Fee Paid) Receipt No. 09810000000001815899. (Attachments: # 1 ECF Registration Form)(Pidgeon, Stephen) (Entered: 07/30/2009)

2 ECF Registration Form

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July 30, 2009

July 30, 2009

PACER
12

APPLICATION OF ATTORNEY Scott F. Bieniek FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington (Fee Paid) Receipt No. 09810000000001815904. (Attachments: # 1 ECF Registration Form)(Pidgeon, Stephen) (Entered: 07/30/2009)

2 ECF Registration Form

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July 30, 2009

July 30, 2009

PACER
13

ORDER on the 12 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Scott F Bieniek for John Doe #1, John Doe #2, and Protect Marriage Washington, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CMG) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
14

ORDER on the 11 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Sarah E Troupis for John Doe #1, John Doe #2, and Protect Marriage Washington, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CMG) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
15

ORDER on the 10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS James Jr Bopp for John Doe #1, John Doe #2, and Protect Marriage Washington, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CMG) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
16

NOTICE of Appearance by attorney James Kendrick Pharris on behalf of Defendants Sam Reed, Debra Galarza. (Pharris, James) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
18

CERTIFICATE OF SERVICE by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington re 9 Order on Motion for TRO, Set Deadlines/Hearings. (Bieniek, Scott) (Entered: 07/30/2009)

July 30, 2009

July 30, 2009

PACER
19

NOTICE of Amended Caption ; filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. (Attachments: # 1 Proposed Order)(Bieniek, Scott) (Entered: 07/30/2009)

2 Proposed Order

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July 30, 2009

July 30, 2009

RECAP
21

ORDER Amending Caption by Judge Benjamin H Settle re 19 Notice-Other filed by John Doe #1, John Doe #2, Protect Marriage Washington. (TG) (Entered: 07/31/2009)

July 31, 2009

July 31, 2009

PACER
22

MOTION for Protective Order by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 9/3/2009, (Troupis, Sarah) (Entered: 08/03/2009)

2 Proposed Order

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Aug. 3, 2009

Aug. 3, 2009

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23

MOTION Join Additional Parties by Defendants Sam Reed, Brenda Galarza. (Attachments: # 1 Proposed Order Granting Defendants' Motion to Join Additional Parties) Noting Date 8/21/2009, (Pharris, James) (Entered: 08/06/2009)

2 Proposed Order Granting Defendants' Motion to Join Additional Parties

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Aug. 6, 2009

Aug. 6, 2009

PACER
24

MOTION Consolidate Preliminary Injunction Hearing on Count I of Complaint with Trial on the Merits by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 9/3/2009, (Troupis, Sarah) (Entered: 08/10/2009)

2 Proposed Order

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Aug. 10, 2009

Aug. 10, 2009

PACER
25

RESPONSE, by Defendants Sam Reed, Brenda Galarza, to 3 MOTION for Temporary Restraining Order. (Pharris, James) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

RECAP
26

DECLARATION of Nick Handy filed by Defendants Sam Reed, Brenda Galarza re 3 MOTION for Temporary Restraining Order (Pharris, James) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

RECAP
27

DECLARATION of Blinn filed by Defendants Sam Reed, Brenda Galarza re 3 MOTION for Temporary Restraining Order (Pharris, James) (Entered: 08/14/2009)

Aug. 14, 2009

Aug. 14, 2009

RECAP
28

RESPONSE, by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington, to 23 MOTION Join Additional Parties. (Troupis, Sarah) (Entered: 08/17/2009)

Aug. 17, 2009

Aug. 17, 2009

PACER
29

NOTICE of Additional Filing of Declaration of Catherine Blinn re 27 Declaration ; filed by Defendants Sam Reed, Brenda Galarza. (Pharris, James) (Entered: 08/18/2009)

Aug. 18, 2009

Aug. 18, 2009

RECAP
30

REPLY, filed by Defendants Sam Reed, Brenda Galarza, TO RESPONSE to 23 MOTION Join Additional Parties (Attachments: # 1 Proposed Order)(Pharris, James) (Entered: 08/20/2009)

1 Proposed Order

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2 Proposed Order

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Aug. 20, 2009

Aug. 20, 2009

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31

REPLY, filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington, TO RESPONSE to 3 MOTION for Temporary Restraining Order (Troupis, Sarah) (Entered: 08/21/2009)

Aug. 21, 2009

Aug. 21, 2009

RECAP
32

DECLARATION of Sarah E. Troupis filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington re 3 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Troupis, Sarah) (Entered: 08/21/2009)

2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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Aug. 21, 2009

Aug. 21, 2009

RECAP
33

ORDER by Judge Benjamin H Settle denying 23 Defendants' Motion to join additional parties. (TG) (Entered: 08/24/2009)

Aug. 24, 2009

Aug. 24, 2009

RECAP
34

Letter from James Pharris re 33 Order on Motion for Miscellaneous Relief Letter to other parties re Order Denying Motion to Join Additional Parties. (Pharris, James) (Entered: 08/25/2009)

Aug. 25, 2009

Aug. 25, 2009

PACER
35

RESPONSE, by Defendants Sam Reed, Brenda Galarza, to 22 MOTION for Protective Order. (Pharris, James) (Entered: 08/27/2009)

Aug. 27, 2009

Aug. 27, 2009

RECAP
36

MOTION to Intervene Oral Argument Requested. (Attachments: # 1 Proposed Order Granting Motion to Intervene) Noting Date 9/3/2009, (Dixson, Steven) (Entered: 08/27/2009)

1 Proposed Order Granting Motion to Intervene

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2 Proposed Order Granting Motion to Intervene

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Aug. 27, 2009

Aug. 27, 2009

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37

DECLARATION of Toby Nixon filed by Intervenor Washington Coalition for Open Government re 22 MOTION for Protective Order, 36 MOTION to Intervene (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Dixson, Steven) (Entered: 08/27/2009)

2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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Aug. 27, 2009

Aug. 27, 2009

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38

PRAECIPE to attach document re 37 Declaration by Intervenor Washington Coalition for Open Government. (Dixson, Steven) (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

PACER
39

APPLICATION OF ATTORNEY Duane M. Swinton FOR LEAVE TO APPEAR PRO HAC VICE for Intervenor Washington Coalition for Open Government (Fee Paid) Receipt No. 09810000000001840114. (Attachments: # 1 ECF Registration)(Dixson, Steven) (Entered: 08/28/2009)

2 ECF Registration

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Aug. 28, 2009

Aug. 28, 2009

PACER
40

RESPONSE, by Defendants Sam Reed, Brenda Galarza, to 24 MOTION Consolidate Preliminary Injunction Hearing on Count I of Complaint with Trial on the Merits. (Pharris, James) (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

RECAP
41

MINUTE ORDER issuing expedited briefing schedule re 36 Motion to Intervene filed by Washington Coalition for Open Government. Authorized by Judge Benjamin H. Settle. (MGC) (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

PACER
42

ORDER on the 39 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Duane M Swinton for Washington Coalition for Open Government, by Bruce Rifkin. (No document associated with this docket entry, text only.)(CMG) (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

PACER
43

MOTION to Intervene by Washington Families Standing Together Oral Argument Requested. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) Noting Date 9/3/2009, (McBrayer, Ryan) (Entered: 08/28/2009)

1 Exhibit 1

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2 Exhibit 1

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3 Proposed Order

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Aug. 28, 2009

Aug. 28, 2009

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44

DECLARATION of Mona Smith in Support of Motion to Intervene and in Support of WFST's Brief filed by Intervenor Washington Families Standing Together re 43 MOTION to Intervene by Washington Families Standing Together (McBrayer, Ryan) (Entered: 08/28/2009)

Aug. 28, 2009

Aug. 28, 2009

RECAP
45

DECLARATION of Anne Levinson in Support of Motion to Intervene and in Support of WAFTS's Brief filed by Intervenor Washington Families Standing Together re 43 MOTION to Intervene by Washington Families Standing Together (Attachments: # 1 Exhibit A to Anne Levinson Declaration, # 2 Exhibit B to Anne Levinson Declaration)(McBrayer, Ryan) (Entered: 08/28/2009)

2 Exhibit A to Anne Levinson Declaration

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3 Exhibit B to Anne Levinson Declaration

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Aug. 28, 2009

Aug. 28, 2009

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46

RESPONSE, by Defendants Sam Reed, Brenda Galarza, to 43 MOTION to Intervene by Washington Families Standing Together, 36 MOTION to Intervene. (Pharris, James) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

RECAP
47

MOTION for Leave to File Excess Pages by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. (Attachments: # 1 Proposed Order) Noting Date 8/31/2009, (Troupis, Sarah) (Entered: 08/31/2009)

2 Proposed Order

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Aug. 31, 2009

Aug. 31, 2009

PACER
48

RESPONSE, by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington, to 43 MOTION to Intervene by Washington Families Standing Together, 36 MOTION to Intervene. (Troupis, Sarah) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

RECAP
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REPLY, filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington, TO RESPONSE to 24 MOTION Consolidate Preliminary Injunction Hearing on Count I of Complaint with Trial on the Merits (Troupis, Sarah) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

RECAP
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REPLY, filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington, TO RESPONSE to 22 MOTION for Protective Order (Troupis, Sarah) (Entered: 08/31/2009)

Aug. 31, 2009

Aug. 31, 2009

RECAP
51

DECLARATION of Sarah E. Troupis filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington re 22 MOTION for Protective Order (Attachments: # 1 Exhibit One)(Troupis, Sarah) (Entered: 08/31/2009)

2 Exhibit One

View on PACER

Aug. 31, 2009

Aug. 31, 2009

RECAP
52

Redacted DECLARATION of John Doe #3 filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington re 3 MOTION for Temporary Restraining Order (Bieniek, Scott) (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

RECAP
53

Redacted DECLARATION of John Doe #4 filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington re 3 MOTION for Temporary Restraining Order (Bieniek, Scott) (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

RECAP
54

Redacted DECLARATION of John Doe #5 filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington re 3 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A)(Bieniek, Scott) (Entered: 09/01/2009)

2 Exhibit A

View on PACER

Sept. 1, 2009

Sept. 1, 2009

RECAP
55

ORDER granting 47 Motion for Leave to File Excess Pages, signed by Judge Benjamin H. Settle.(MGC) (Entered: 09/01/2009)

Sept. 1, 2009

Sept. 1, 2009

PACER
58

MOTION to Intervene on Shortened Notice (Attachments: # 1 Proposed Order) Noting Date 9/3/2009, (CMG) (Entered: 09/03/2009)

1 Proposed Order

View on PACER

2 Proposed Order

View on PACER

Sept. 1, 2009

Sept. 1, 2009

RECAP
56

REPLY, filed by Intervenor Washington Families Standing Together, TO RESPONSE to 43 MOTION to Intervene by Washington Families Standing Together (McBrayer, Ryan) (Entered: 09/02/2009)

Sept. 2, 2009

Sept. 2, 2009

RECAP
57

REPLY, filed by Intervenor Washington Coalition for Open Government, TO RESPONSE to 43 MOTION to Intervene by Washington Families Standing Together (Dixson, Steven) (Entered: 09/02/2009)

Sept. 2, 2009

Sept. 2, 2009

RECAP
60

DECLARATION of Arthur West in support of the 58 MOTION to Intervene (CMG) (Entered: 09/04/2009)

Sept. 2, 2009

Sept. 2, 2009

PACER
59

ORDER AMENDING AND EXTENDING THE COURT'S TRO: The TRO will dissolve upon the earliest of September 11, 2009 signed by Judge Benjamin H. Settle.(JAB) (Entered: 09/03/2009)

Sept. 3, 2009

Sept. 3, 2009

Clearinghouse
61

SUPPLEMENTAL MEMORANDUM filed by Intervenor Arthur West in support of the 58 MOTION to Intervene (CMG) (Entered: 09/04/2009)

Sept. 3, 2009

Sept. 3, 2009

PACER
62

MINUTE ENTRY for proceedings held before Judge Benjamin H Settle- Dep Clerk: Jean Boring; Pla Counsel: Sarah E Troupis/Stephen Pidgeon; Def Counsel: James Pharris (AG) / Kevin Hamilton (Intv-WA Families) / Steven Dixson (Intv WA Coalition); CR: Julaine Ryen; Preliminary Injunction Hearing held on 9/3/2009. MOTION 43 to Intervene by Washington Families Standing Together is GRANTED, MOTION 36 to Intervene by Washington Coalition for Open Government is GRANTED; Arthur West's Motion to Intervene was preliminarily DENIED because no motion was posted to the docket as of the time of this hearing. Clerk shall post the motion and the Court will rule after reviewing. Motion 24 to Consolidate Preliminary Injunction Hearing on Count I of Complaint with Trial on the Merits is DENIED. No trial will be set. Court & Counsel review proposed order extending the TRO. Court inquires of counsel the need for a bond should the preliminary injunction be issued. Court amends and extends the temporary restraining order to consider the oral arguments of counsel and will issue a written decision on plaintiffs motion for a preliminary injunction on or before 9/11/2009. Hearing concluded. (Entered: 09/08/2009)

Sept. 3, 2009

Sept. 3, 2009

PACER
63

ORDER by Judge Benjamin H Settle GRANTING 3 Motion for Preliminary Injunction filed by John Doe #1, John Doe #2, and Protect Marriage Washington. (TG) (Entered: 09/10/2009)

Sept. 10, 2009

Sept. 10, 2009

Clearinghouse
64

ORDER by Judge Benjamin H Settle granting in part and denying in part 22 Motion for Protective Order.(TG) (Entered: 09/11/2009)

Sept. 11, 2009

Sept. 11, 2009

RECAP
65

NOTICE OF APPEAL #09-35818 as to 63 Order by Defendants Sam Reed, Brenda Galarza. (Collins, William) Modified on 9/23/2009-add appeal number (MW). (Entered: 09/11/2009)

Sept. 11, 2009

Sept. 11, 2009

PACER
66

Civil Appeals Docketing Statement by Defendants Sam Reed, Brenda Galarza, to be transmitted by Clerk to Circuit Court of Appeals. (Collins, William) (Entered: 09/11/2009)

Sept. 11, 2009

Sept. 11, 2009

PACER
71

NOTICE OF APPEAL #09-35832 as to 63 Order on 9/4/09 granting P's request for a preliminary injunction, by Intervenor Arthur West. Filing Fee $455 (MW) Modified on 9/18/2009-add appeal number (MW). (Entered: 09/15/2009)

Sept. 11, 2009

Sept. 11, 2009

PACER
67

NOTICE OF APPEAL#09-35826 as to 63 Order by Intervenor Washington Coalition for Open Government. Filing Fee $455, Receipt number 09810000000001854092. (Dixson, Steven) Modified on 9/23/2009-add appeal number (MW). (Entered: 09/15/2009)

Sept. 15, 2009

Sept. 15, 2009

PACER
68

Civil Appeals Docketing Statement by Intervenor Washington Coalition for Open Government, to be transmitted by Clerk to Circuit Court of Appeals. (Attachments: # 1 Exhibit)(Dixson, Steven) (Entered: 09/15/2009)

2 Exhibit

View on PACER

Sept. 15, 2009

Sept. 15, 2009

PACER
69

APPEAL NOTIFICATION packet sent to US Court of Appeals re 67 Notice of Appeal by Intervenor WA Coalitin for Open Government (Attachments: # 1 docket report)(MW) Modified on 9/15/2009-add name of aplt (MW). (Entered: 09/15/2009)

2 docket report

View on PACER

Sept. 15, 2009

Sept. 15, 2009

PACER
70

APPEAL NOTIFICATION packet sent to US Court of Appeals re 65 Notice of Appeal #09-35818 by D's Reed and Galarza (Attachments: # 1 docket report)(MW) (Entered: 09/15/2009)

2 docket report

View on PACER

Sept. 15, 2009

Sept. 15, 2009

PACER
72

APPEAL NOTIFICATION packet sent to US Court of Appeals re 71 Notice of Appeal by Intervenor Arthur West (Attachments: # 1 docket report)(MW) (Entered: 09/15/2009)

2 docket report

View on PACER

Sept. 15, 2009

Sept. 15, 2009

PACER
73

ORDER by Judge Benjamin H Settle denying 58 Motion to Intervene and ORDERING parties to show cause.(TG) (Entered: 09/16/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
75

AMENDMENT (this notice of appeal was filed at CCA, forwarded to us; duplicate of #71) to 71 Notice of Appeal #09-35832 by Intervenor Arthur West. (MW) (Entered: 09/23/2009)

Sept. 16, 2009

Sept. 16, 2009

PACER
76

ORDER of USCA as to 65 Notice of Appeal #09-35818 filed by Sam Reed, Brenda Galarza, 71 Notice of Appeal filed by Arthur West #09-35832, 67 Notice of Appeal #09-35826 filed by Washington Coalition for Open Government; case is not selected for inclusion in the Circuit Mediation Program; upon agreement of the parties, briefing schedule can be modified or vacated to facilitate settlement discussions (MW) (Entered: 09/23/2009)

Sept. 18, 2009

Sept. 18, 2009

PACER
74

Letter from William B. Collins re Defendants Will Not Order a Transcript. (Collins, William) (Entered: 09/21/2009)

Sept. 21, 2009

Sept. 21, 2009

PACER
77

ORDER of USCA as to 65 Notice of Appeal #09-35818filed by Sam Reed, Brenda Galarza, 67 Notice of Appeal #09-35826 filed by Washington Coalition for Open Government; the court sua sponte consolidates these preliminary injunction appeals; aplts' request to expedite the briefing schedule is granted in part; aplts have filed their opening brief; intervenor's brief is due 9/23/09; aples' answering brief is due 9/25/09; aplts' optional reply brief is due 9/28/09; intervenor's optional reply brief is due 9/30/09; court will hear oral argument on Wednesday, 10/14/09, at 11:00am in Pasadena (MW) (Entered: 09/23/2009)

Sept. 22, 2009

Sept. 22, 2009

PACER
78

CERTIFICATE OF RECORD Transmitted to USCA re 65 Notice of Appeal #09-35818 by Sam Reed and Brenda Galarza (MW) (Entered: 09/23/2009)

Sept. 23, 2009

Sept. 23, 2009

PACER
79

ANSWER to 2 Complaint, Answer by Sam Reed, Brenda Galarza.(Pharris, James) (Entered: 09/25/2009)

Sept. 25, 2009

Sept. 25, 2009

PACER
80

RESPONSE TO ORDER TO SHOW CAUSE by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. (Attachments: # 1 Exhibit Exhibit A)(Troupis, Sarah) (Entered: 09/25/2009)

2 Exhibit Exhibit A

View on PACER

Sept. 25, 2009

Sept. 25, 2009

PACER
81

RESPONSE TO ORDER TO SHOW CAUSE by Defendants Sam Reed, Brenda Galarza. (Pharris, James) (Entered: 09/26/2009)

Sept. 26, 2009

Sept. 26, 2009

PACER
82

NOTICE OF APPEAL #09-35863 by Intervenor Washington Families Standing Together. Filing Fee $455, Receipt number 09810000000001865335. (Beane, Amanda) Modified on 1/27/2010-add appeal number (MW). (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER
83

Civil Appeals Docketing Statement by Intervenor Washington Families Standing Together, to be transmitted by Clerk to Circuit Court of Appeals. (Beane, Amanda) (Entered: 09/28/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER
84

APPEAL NOTIFICATION packet sent to US Court of Appeals re 82 Notice of Appeal by Intervenor Washington Families Standing Together (Attachments: # 1 docket report)(MW) (Entered: 09/28/2009)

2 docket report

View on PACER

Sept. 28, 2009

Sept. 28, 2009

PACER
85

MOTION to Amend 2 Complaint,, and Join Additional Parties by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. (Attachments: # 1 Exhibit 1 - Proposed Verified First Amended Complaint, # 2 Proposed Order) Noting Date 10/7/2009, (Bieniek, Scott) (Entered: 09/28/2009)

2 Exhibit 1 - Proposed Verified First Amended Complaint

View on PACER

3 Proposed Order

View on PACER

Sept. 28, 2009

Sept. 28, 2009

PACER
86

MOTION for Reconsideration of the 73 Order denying the Motion to Intervene and for RECUSAL of Magistrate by Intervenor Arthur West. Noted by clerk for 9/28/2009, (CMG) (Entered: 09/30/2009)

Sept. 28, 2009

Sept. 28, 2009

PACER
87

RESPONSE, by Defendants Sam Reed, Brenda Galarza, to 85 MOTION to Amend 2 Complaint,, and Join Additional Parties MOTION to Amend 2 Complaint,, and Join Additional Parties. (Pharris, James) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

PACER
88

DECLARATION of Vicki Rippie in Support of Defendants' Response Opposing Plaintiffs' Motion to Amend Complaint filed by Defendants Sam Reed, Brenda Galarza re 85 MOTION to Amend 2 Complaint,, and Join Additional Parties MOTION to Amend 2 Complaint,, and Join Additional Parties (Pharris, James) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

PACER
89

DECLARATION of Lori Anderson in Support of Defendants' Response Opposing Plaintiffs' Motion to Amend Complaint filed by Defendants Sam Reed, Brenda Galarza re 85 MOTION to Amend 2 Complaint,, and Join Additional Parties MOTION to Amend 2 Complaint,, and Join Additional Parties (Pharris, James) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

PACER
90

DECLARATION of Nancy Krier in Support of Defendants' Response Opposing Plaintiffs' Motion to Amend Complaint filed by Defendants Sam Reed, Brenda Galarza re 85 MOTION to Amend 2 Complaint,, and Join Additional Parties MOTION to Amend 2 Complaint,, and Join Additional Parties (Pharris, James) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

PACER
91

CERTIFICATE OF SERVICE by Defendants Sam Reed, Brenda Galarza re 87 Response to Motion, 88 Declaration, 89 Declaration, 90 Declaration,. (Pharris, James) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

PACER
92

RESPONSE, by Intervenor Washington Coalition for Open Government, to 85 MOTION to Amend 2 Complaint,, and Join Additional Parties MOTION to Amend 2 Complaint,, and Join Additional Parties. (Dixson, Steven) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

PACER
93

RESPONSE, by Intervenor Washington Families Standing Together, to 85 MOTION to Amend 2 Complaint,, and Join Additional Parties MOTION to Amend 2 Complaint,, and Join Additional Parties. (McBrayer, Ryan) (Entered: 10/02/2009)

Oct. 2, 2009

Oct. 2, 2009

PACER
94

RESPONSE, by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington, to 86 MOTION for Reconsideration re 73 Order on Motion to Intervene. (Bieniek, Scott) (Entered: 10/05/2009)

Oct. 5, 2009

Oct. 5, 2009

PACER
95

REPLY, filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington, TO RESPONSE to 85 MOTION to Amend 2 Complaint,, and Join Additional Parties MOTION to Amend 2 Complaint,, and Join Additional Parties (Bieniek, Scott) (Entered: 10/07/2009)

Oct. 7, 2009

Oct. 7, 2009

PACER
96

DECLARATION of Arthur West filed by Intervenor Arthur S West re 86 MOTION for Reconsideration re 73 Order on Motion to Intervene (Attachments: # 1 Exhibit 9-11 Report of proceedings, # 2 Exhibit 9-8 Report of procedings)(West, Arthur) (Entered: 10/13/2009)

2 Exhibit 9-11 Report of proceedings

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3 Exhibit 9-8 Report of procedings

View on PACER

Oct. 13, 2009

Oct. 13, 2009

PACER
97

ORDER of USCA as to 65 Notice of Appeal #09-35818 reversing district court's order. Aplt's motion for stay pending appeal is granted; Preliminary Injunction Order stayed pending final resolution of appeals. (PVO) (Entered: 10/15/2009)

Oct. 15, 2009

Oct. 15, 2009

PACER
98

NOTICE of Order by the Honorable Anthony M. Kennedy, Associate Justice of the Supreme Court of the United States re 97 Order of USCA ; filed by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington. (Attachments: # 1 Exhibit 1 - Order of the Honorable Justice Anthony M. Kennedy)(Bieniek, Scott) (Entered: 10/19/2009)

2 Exhibit 1 - Order of the Honorable Justice Anthony M. Kennedy

View on PACER

Oct. 19, 2009

Oct. 19, 2009

PACER
100

Appeal Remark re 82 Notice of Appeal 09-35818, 65 Notice of Appeal 09-35826, 67 Notice of Appeal 09-35863: ORDER of the SUPREME COURT OF THE UNITED STATES-The order of the CCA which stayed the district court's order granting preliminary injunction is hereby stayed. The 9/10/09 order of the US District Court granting a preliminary injunction remains in effect pending further order. (PVO) (Entered: 10/20/2009)

Oct. 19, 2009

Oct. 19, 2009

PACER
99

REQUEST by Plaintiffs John Doe #1, John Doe #2, Protect Marriage Washington for Issue Order with Respect to the Alternative Ground Set Forth in Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. (Attachments: # 1 Exhibit Exhibit 1)(Troupis, Sarah) (Entered: 10/20/2009)

2 Exhibit Exhibit 1

View on PACER

Oct. 20, 2009

Oct. 20, 2009

PACER

Case Details

State / Territory: Washington

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 28, 2009

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Washington State Political Committee and several anonymous petition signers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Washington State (Olympia, Thurston), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief granted

Issues

General:

Records Disclosure

Voting