Case: Diaz v. Brewer

2:09-cv-02402 | U.S. District Court for the District of Arizona

Filed Date: Nov. 17, 2009

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On November 17, 2009, several lesbian and gay employees of the State of Arizona, each of whom was receiving family coverage for his or her committed same-sex life partner, filed a lawsuit in the U.S. District Court for the District of Arizona against the State of Arizona. Plaintiffs, represented by the Lambda Legal Defense and Education Fund and by private counsel, brought suit under 42 U.S.C. § 1983, alleging that Section 38-651(O) of the Arizona Revised Statutes ("Section O") violated the Uni…

On November 17, 2009, several lesbian and gay employees of the State of Arizona, each of whom was receiving family coverage for his or her committed same-sex life partner, filed a lawsuit in the U.S. District Court for the District of Arizona against the State of Arizona. Plaintiffs, represented by the Lambda Legal Defense and Education Fund and by private counsel, brought suit under 42 U.S.C. § 1983, alleging that Section 38-651(O) of the Arizona Revised Statutes ("Section O") violated the United States Constitution. Specifically, plaintiffs claimed that Section O, which eliminated family health insurance coverage for non-spouse domestic partners, violated the equal protection and substantive due process guarantees of the Fourteenth Amendment because precluded same-sex domestic partners but not opposite-sex domestic partners from obtaining coverage. They sought declaratory and injunctive relief.

On January 25, 2010, the State moved to dismiss the case, and on April 1, plaintiffs moved for a preliminary injunction. On July 23, 2010, the District Court (Judge John W. Sedwick) addressed both motions in one order, granting the State's motion to dismiss as to the plaintiffs' due process claim but otherwise denying it, and granting plaintiffs' motion for a preliminary injunction. Collins v. Brewer, 727 F. Supp. 2d 797 (D. Ariz. 2010). The Court found that plaintiffs were likely to succeed on the merits of their equal protection claim, as the denial of benefits to employees with same-sex domestic partners was not rationally related to the State's interests in cost control, administrative efficiency, and the promotion of marriage; it therefore enjoined the State from enforcing Section O and ordered it to make family health insurance coverage available to employees with same-sex partners.

The State appealed, and the District Court stayed proceedings pending the decision of the Court of Appeals. On September 6, 2011, a three-judge panel of the Ninth Circuit (Circuit Judges Mary M. Schroeder and Sidney R. Thomas and District Judge Mark W. Bennet of the Northern District of Iowa, sitting by appointment) affirmed. Diaz v. Brewer, 656 F.3d 1008 (9th Cir. 2011). In an opinion by Judge Schroeder, the panel held that the District Court had correctly applied the rational basis test, and that while state employees have no constitutional right to benefits, "when a state chooses to provide such benefits, it may not do so in an arbitrary or discriminatory manner that adversely affects particular groups that may be unpopular." Id. at 1013. 656 F.3d 1008, 2011 WL 3890755, 2011 U.S. App. LEXIS 18467.

The State filed a petition for panel rehearing and a petition for rehearing en banc, both of which the Ninth Circuit denied on April 3, 2012. Diaz v. Brewer, 676 F.3d 823 (9th Cir. 2012). Judge Diarmuid F. O'Scannlain, joined by Judge Carlos T. Bea, dissented, arguing that there was no evidence that the Arizona legislature passed Section O with discriminatory intent and that the District Court had misapplied the rational basis test. He also noted that the District Court and panel's holding that opposite-sex-only marriage rules serve no rational purpose may be dispositive in challenges to state laws refusing to recognize same-sex marriage. 676 F.3d 823, 2012 WL 1109335, 2012 U.S. App. LEXIS 6623.

On July 2, 2012, the State filed a petition for a writ of certiorari with the Supreme Court, and the District Court again stayed its proceedings pending the petition's resolution.

On June 27, 2013, the Supreme Court denied certiorari on the same day it issued its decisions in Windsor (PB-NY-0017 in this Clearinghouse) and Hollingsworth . The court ordered the case to proceed with discovery and indicated complaints should be amended to reflect the effect of the Supreme Court's decisions. Plaintiffs filed an amended complaint on September 9, 2013. The Court granted class action status on December 23, 2013. The class included all same-sex partners who are now or will in the future be eligible for partner health insurance benefits Ariz. Admin. Code § R2-5-10.

On September 30, 2014, the plaintiffs filed a Motion for Summary Judgment, and on October 1, 2014, the defendants did the same. However, on October 31, 2014, before the court ruled on those motions, the plaintiffs and defendants entered a Joint Motion seeking to dissolve the preliminary injunction and dismiss the case. On November 6, 2014, the court granted the motion, dissolving the preliminary injunction on midnight of December 31, 2014 and dismissing the case.

The Joint Motion was filed based on the plaintiffs' belief that, following the decisions in Connolly v. Brewer (PB-AZ-0003 in this Clearinghouse) and Majors v. Jeanes (PB-AZ-0004 in this Clearinghouse) and the Attorney General of the State's announcement that those decisions would not be appealed, same-sex couples' right to marry in Arizona would not be challenged and so the preliminary injunction in this case was moot.

On November 20, 2014, the plaintiffs filed a motion to vacate the previous order dissolving the preliminary injunction and dismissing the case, due to the November 17, 2014 appeals of Connolly v. Brewer and Majors v. Jeanes by the Attorney General that could potentially result in the dissolution of the Connolly and Jeanes permanent injunctions.

On December 10, 2014, the court denied the plaintiffs' motion and on January 13, 2015, the preliminary injunction was dissolved and the case closed in regards to all matters except ongoing litigation over attorney's fees.

On March 5, 2015, the court ordered that within seven days of receipt of the notices from plaintiffs, defendants must affix address labels and send them by U.S. mail to all State of Arizona employees who received family health coverage for a same-sex domestic partner or domestic partner’s child(ren) in 2014.

On June 5, 2015, the court granted plaintiffs’ application, and was awarded attorneys’ fees in the amount of $305,049.95 and costs in the amount of $1,936.67. 2015 WL 3555282.

The case is now closed.

Summary Authors

Christopher Schad (12/7/2012)

Chris MacColl (2/24/2014)

Claire Lally (2/2/2015)

Dawn Lui (12/4/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4132878/parties/diaz-v-brewer/


Judge(s)

O'Scannlain, Diarmuid Fionntain (Oregon)

Schroeder, Mary Murphy (Arizona)

Sedwick, John W. (Alaska)

Attorneys(s) for Plaintiff

Barnes, Rhonda L. (Arizona)

Barr, Daniel C. (Arizona)

Barton, James E. II (Arizona)

Borelli, Tara Lynn (California)

Coie, Perkins (Oregon)

Eidenbach, Kristin T (Arizona)

Peters, Jerica Lyn (Arizona)

Judge(s)

O'Scannlain, Diarmuid Fionntain (Oregon)

Schroeder, Mary Murphy (Arizona)

Sedwick, John W. (Alaska)

Attorneys(s) for Plaintiff

Barnes, Rhonda L. (Arizona)

Barr, Daniel C. (Arizona)

Barton, James E. II (Arizona)

Borelli, Tara Lynn (California)

Coie, Perkins (Oregon)

Eidenbach, Kristin T (Arizona)

Peters, Jerica Lyn (Arizona)

Pizer, Jennifer Carol (California)

Renn, Peter C. (California)

Sommer, Susan (New York)

Wu, Desmond (California)

Attorneys(s) for Defendant

Bickett, Paula (Arizona)

Blandford, Alisa Ann (Arizona)

Grube, Charles A. (Arizona)

Horne, Thomas C. (Arizona)

Sweeney, Kathleen Patricia (Arizona)

Winters, Kathryn J. (Arizona)

Documents in the Clearinghouse

Document

2:09-cv-02402

Docket [PACER]

June 5, 2015

June 5, 2015

Docket
19

2:09-cv-02402

Amended Complaint for Injunctive and Declaratory Relief

Collins v. Brewer

Jan. 7, 2010

Jan. 7, 2010

Complaint
47

2:09-cv-02402

Order and Opinion [Granting in Part and Denying in Part the State's Motion to Dismiss and Granting Plaintiffs' Motion for a Preliminary Injunction]

Collins v. Brewer

727 F.Supp.2d 797

July 23, 2010

July 23, 2010

Order/Opinion
62-3

2:09-cv-02402

0:10-16797

[Ninth Circuit] Opinion [Affirming the District Court]

U. S. Court of Appeals for the Ninth Circuit

656 F.3d 1008

Sept. 6, 2011

Sept. 6, 2011

Order/Opinion
62-2

2:09-cv-02402

0:10-16797

[Ninth Circuit] Order [Denying Panel Rehearing and Rehearing En Banc]

U. S. Court of Appeals for the Ninth Circuit

676 F.3d 823

April 3, 2012

April 3, 2012

Order/Opinion

0:12-00023

Petition for Writ of Certiorari

Brewer v. Diaz

Supreme Court of the United States

July 2, 2012

July 2, 2012

Pleading / Motion / Brief

0:12-00023

BRIEF OF RESPONDENTS IN OPPOSITION

Brewer v. Diaz

U. S. Court of Appeals for the Ninth Circuit

Aug. 20, 2012

Aug. 20, 2012

Pleading / Motion / Brief

0:12-00023

PETITIONERS’ REPLY BRIEF

Brewer v. Diaz

U. S. Court of Appeals for the Ninth Circuit

Aug. 31, 2012

Aug. 31, 2012

Pleading / Motion / Brief
68

2:09-cv-02402

Status Report on Petition for Writ of Certiorari

Collins v. Brewer

Jan. 22, 2013

Jan. 22, 2013

Pleading / Motion / Brief
81

2:09-cv-02402

Second Amended Complaint for Injunctive and Declaratory Relief

Sept. 9, 2013

Sept. 9, 2013

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4132878/diaz-v-brewer/

Last updated Aug. 2, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT. Filing fee received: $ 350.00, receipt number 0970-3365151, filed by Stephen Russell, Judith McDaniel, Deanna Pfleger, Leslie Kemp, Joseph R. Diaz, Carrie Sperling, Tracy Collins, Keith Humphrey, Corey Seemiller, Beverly Seckinger. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet)(Barr, Daniel) (Entered: 11/17/2009)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Civil Cover Sheet

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Nov. 17, 2009

Nov. 17, 2009

PACER
11

MINUTE ORDER: This case has been reassigned to United States District Judge John W Sedwick. Future filings should reflect the case umbe CV 09-2402-PHX-JWS. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry.(AMB) (Entered: 11/19/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER
2

SUMMONS Submitted by Tracy Collins, Joseph R. Diaz, Keith Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling (Barr, Daniel) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER
12

Notice re Magistrate consent form. (AMB) (Entered: 11/19/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER
3

SUMMONS Submitted by Tracy Collins, Joseph R. Diaz, Keith Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling (Barr, Daniel) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER
4

SUMMONS Submitted by Tracy Collins, Joseph R. Diaz, Keith Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling (Barr, Daniel) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER
5

SUMMONS Submitted by Tracy Collins, Joseph R. Diaz, Keith Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling (Barr, Daniel) (Entered: 11/17/2009)

Nov. 17, 2009

Nov. 17, 2009

PACER
6

NOTICE of Appearance by Rhonda Lorraine Barnes on behalf of Tracy Collins, Joseph R. Diaz, Keith Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling (Barnes, Rhonda) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

PACER
7

NOTICE of Appearance by James Evans Barton on behalf of Tracy Collins, Joseph R. Diaz, Keith Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling (Barton, James) (Entered: 11/18/2009)

Nov. 18, 2009

Nov. 18, 2009

PACER
8

MOTION for Admission Pro Hac Vice as to attorney Tara L Borelli on behalf of plaintiffs Tracy Collins, Joseph R. Diaz, Keith Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, and Carrie Sperling. (BAS) (Entered: 11/19/2009)

Nov. 18, 2009

Nov. 18, 2009

PACER
9

MOTION for Admission Pro Hac Vice as to attorney Jennifer C Pizer on behalf of plaintiffs Tracy Collins, Joseph R. Diaz, Keith Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, and Carrie Sperling. (BAS) (Entered: 11/19/2009)

Nov. 18, 2009

Nov. 18, 2009

PACER
10

ORDER pursuant to General Order 05-25 granting 8 Motion for Admission Pro Hac Vice; granting 9 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 11/19/2009)

Nov. 19, 2009

Nov. 19, 2009

PACER
13

Summons Issued as to Janice K. Brewer, Phillip Hamilton, Kathy Peckardt, David Raber. (Attachments: # 1 David Raber, # 2 Kathy Peckardt, # 3 Phillip Hamilton)(AMB). *** IMPORTANT: You must select "Document and stamps" or "Document and comments" on the print screen in order for the court seal to appear on the summons you print. Modified on 11/19/2009 TO NOTE THAT SUMMONS WERE DATED/ISSUED ON 11/18/09 (REW, ). (Entered: 11/19/2009)

1 David Raber

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2 Kathy Peckardt

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3 Phillip Hamilton

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Nov. 19, 2009

Nov. 19, 2009

PACER
14

NOTICE of Appearance by Tara L Borelli on behalf of Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling (Borelli, Tara) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER
15

NOTICE of Appearance by Jennifer C Pizer on behalf of Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling (Pizer, Jennifer) (Entered: 11/20/2009)

Nov. 20, 2009

Nov. 20, 2009

PACER
16

NOTICE of Appearance by Charles Arnold Grube on behalf of Janice K Brewer, Phillip Hamilton, Kathy Peckardt, David Raber (Grube, Charles) (Entered: 12/10/2009)

Dec. 10, 2009

Dec. 10, 2009

PACER
17

STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT by Janice K Brewer, David Raber, Phillip Hamilton, Kathy Peckardt. (Attachments: # 1 Text of Proposed Order Order extending time)(Grube, Charles) (Entered: 12/10/2009)

1 Text of Proposed Order Order extending time

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Dec. 10, 2009

Dec. 10, 2009

PACER
18

ORDER granting 17 Stipulation For Extension of Time To Answer Complaint. Defendants' answer due 1/8/2010. Signed by Judge John W Sedwick on 12/11/09. (JWS, ) (Entered: 12/11/2009)

Dec. 11, 2009

Dec. 11, 2009

PACER
19

AMENDED COMPLAINT for Injunctive and Declaratory Relief against Janice K Brewer, Phillip Hamilton, Kathy Peckardt, David Raber, Unknown Parties, filed by Stephen Russell, Judith McDaniel, Deanna Pfleger, Leslie Kemp, Joseph R Diaz, Carrie Sperling, Tracy Collins, Keith B Humphrey, Corey Seemiller, Beverly Seckinger.(Barton, James) (Entered: 01/07/2010)

Jan. 7, 2010

Jan. 7, 2010

Clearinghouse
20

Additional Attachments to Main Document re 19 Amended Complaint, Index of Exhibits and Exhibits A, B and C by Plaintiffs Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Barton, James) (Entered: 01/08/2010)

Jan. 8, 2010

Jan. 8, 2010

PACER
21

MOTION to Dismiss Case for Lack of Jurisdiction by Philip Hamilton. (Attachments: # 1 Affidavit Declaration of Philip Hamilton)(Grube, Charles) (Entered: 01/25/2010)

1 Affidavit Declaration of Philip Hamilton

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Jan. 25, 2010

Jan. 25, 2010

PACER
22

MOTION to Dismiss Case by Janice K Brewer, Kathy Peckardt, David Raber. (Grube, Charles) (Entered: 01/25/2010)

Jan. 25, 2010

Jan. 25, 2010

PACER
23

RESPONSE to Motion re 22 MOTION to Dismiss Case by Defendants Brewer, Raber and Peckardt filed by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Borelli, Tara) (Entered: 02/11/2010)

Feb. 11, 2010

Feb. 11, 2010

PACER
24

*** DOCUMENT STRICKEN PER COURT ORDER 28, FILED 2/23/10 *** Notice of Appearance filed by Pasquale (not a party to the case) (REW) Modified on 2/23/2010 (KMG). (Entered: 02/16/2010)

Feb. 12, 2010

Feb. 12, 2010

PACER
25

*** DOCUMENT STRICKEN PER COURT ORDER 28, FILED 2/23/10 *** Additional Attachments to Main Document; Exhibits re 24 Notice filed by Pasquale (not a party to the case) (REW) Modified on 2/23/2010 (KMG). (Entered: 02/16/2010)

Feb. 12, 2010

Feb. 12, 2010

PACER
26

RESPONSE to Motion re 21 MOTION to Dismiss Case for Lack of Jurisdiction by Defendant Philip Hamilton filed by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Barton, James) (Entered: 02/16/2010)

Feb. 16, 2010

Feb. 16, 2010

PACER
27

REPLY in Support re 22 MOTION to Dismiss Case filed by Janice K Brewer, Kathy Peckardt, David Raber. (Grube, Charles) (Entered: 02/22/2010)

Feb. 22, 2010

Feb. 22, 2010

PACER
28

ORDER - At docket 24 Pasquale Labate purports to join in this litigation. Pasquale Labate is not a party to this lawsuit. The Clerk is directed to strike the filing at docket 24 and the related materials at docket 25 from the record of this case. Signed by Judge John W Sedwick on 2/22/10. (KMG) (Entered: 02/23/2010)

Feb. 23, 2010

Feb. 23, 2010

PACER
29

REPLY in Support re 21 MOTION to Dismiss Case for Lack of Jurisdiction filed by Philip Hamilton. (Grube, Charles) (Entered: 02/24/2010)

Feb. 24, 2010

Feb. 24, 2010

PACER
30

MINUTE ORDER from the Chambers of Judge John W Sedwick granting Defendant Hamilton's 21 Motion to Dismiss..(REW) (Entered: 03/15/2010)

March 15, 2010

March 15, 2010

PACER
31

MOTION for Preliminary Injunction by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Attachments: # 1 Affidavit of Beverly Seckinger, # 2 Affidavit of Carrie Sperling, # 3 Affidavit of Corey Seemiller, # 4 Affidavit of Deanna Pfleger, # 5 Affidavit of Joseph R. Diaz, # 6 Affidavit of Keith B. Humphrey, # 7 Affidavit of Leslie Kemp, # 8 Affidavit of Stephen Russell, # 9 Affidavit of Tracy Collins, # 10 Text of Proposed Order for Preliminary Injunction)(Borelli, Tara) (Entered: 04/01/2010)

1 Affidavit of Beverly Seckinger

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2 Affidavit of Carrie Sperling

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3 Affidavit of Corey Seemiller

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4 Affidavit of Deanna Pfleger

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5 Affidavit of Joseph R. Diaz

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6 Affidavit of Keith B. Humphrey

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7 Affidavit of Leslie Kemp

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8 Affidavit of Stephen Russell

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9 Affidavit of Tracy Collins

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10 Text of Proposed Order for Preliminary Injunction

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April 1, 2010

April 1, 2010

PACER
32

Additional Attachments to Main Document re 31 MOTION for Preliminary Injunction Declaration of Tara Borelli in Support of Motion for Preliminary Injunction by Plaintiffs Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Attachments: # 1 Exhibit D, # 2 Exhibit E)(Borelli, Tara) (Entered: 04/01/2010)

1 Exhibit D

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2 Exhibit E

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April 1, 2010

April 1, 2010

PACER
33

Additional Attachments to Main Document re 31 MOTION for Preliminary Injunction Certificate of Service for Proposed Order by Plaintiffs Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Borelli, Tara) (Entered: 04/01/2010)

April 1, 2010

April 1, 2010

PACER
34

MOTION for Admission Pro Hac Vice as to attorney Desmund Wu on behalf of Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, and Corey Seemiller. (BAS) (Entered: 04/05/2010)

April 2, 2010

April 2, 2010

PACER
35

ORDER pursuant to General Order 05-25 granting 34 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
36

Notice re Substitution by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling (Barnes, Rhonda) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

PACER
37

STIPULATION For Extension of Time to File Response to Motion for Preliminary Injunction by Janice K Brewer. (Attachments: # 1 Text of Proposed Order)(Winters, Kathryn) (Entered: 04/16/2010)

1 Text of Proposed Order

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April 16, 2010

April 16, 2010

PACER
38

ORDER granting 37 Stipulation of time to file response to Motion for Preliminary Injunction. Defendants' response due on or before 5/3/10 and plaintiffs' reply due on or before 5/27/10. Signed by Judge John W Sedwick on 4/19/10. (JWS) (Entered: 04/19/2010)

April 19, 2010

April 19, 2010

PACER
39

JUDGE SEDWICK TEXT ORDER re 31 MOTION for Preliminary Injunction and 22 MOTION to Dismiss Case: The court will hear argument on the motions at dockets 22 and 31 in Courtroom 401, at the Sandra Day O' Connor Courthouse, 401 West Washington Street, Phoenix, at 9:00 AM on June 28, 2010. The court does not expect that testimony will be needed in connection with the motion for a preliminary injunction, but if a party anticipates the need to present testimony, the party shall file a notice advising of that fact no later than May 28, 2010. The notice must identify each witness, briefly summarize the testimony expected from each witness, and provide an estimate of the duration of direct examination of each witness. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. cc: AZ and AK calendar clerks. (JWS) (Entered: 05/03/2010)

May 3, 2010

May 3, 2010

PACER
40

RESPONSE in Opposition re 31 MOTION for Preliminary Injunction filed by Janice K Brewer, Kathy Peckardt, David Raber. (Attachments: # 1 Affidavit Declaration of Charles A Grube, # 2 Affidavit Declaration of Karen Battilana, # 3 Exhibit Battilana Declaration, Ex. B, Part 1, # 4 Exhibit Battilana Declaration, Ex. B. Part 2, # 5 Exhibit Battilana Ex. B, Part 3)(Grube, Charles) (Entered: 05/03/2010)

1 Affidavit Declaration of Charles A Grube

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2 Affidavit Declaration of Karen Battilana

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3 Exhibit Battilana Declaration, Ex. B, Part 1

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4 Exhibit Battilana Declaration, Ex. B. Part 2

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5 Exhibit Battilana Ex. B, Part 3

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May 3, 2010

May 3, 2010

PACER
41

REPLY in Support re 31 MOTION for Preliminary Injunction filed by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Borelli, Tara) (Entered: 05/27/2010)

May 27, 2010

May 27, 2010

PACER
42

Additional Attachments to Main Document re 41 Reply in Support of Motion Declaration of M.V. Lee Badgett in Support of Plaintiffs' Reply In Support of Motion for Preliminary Injunction by Plaintiffs Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Attachments: # 1 Exhibit F, # 2 Exhibit G, # 3 Exhibit H)(Borelli, Tara) (Entered: 05/27/2010)

1 Exhibit F

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2 Exhibit G

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3 Exhibit H

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May 27, 2010

May 27, 2010

PACER
43

DECLARATION of Tara Borelli in Support of Plaintiffs' Motion for a Preliminary Injunction re 31 MOTION for Preliminary Injunction by Plaintiffs Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Attachments: # 1 Exhibit I)(Borelli, Tara) (Entered: 06/18/2010)

1 Exhibit I

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June 18, 2010

June 18, 2010

PACER
44

Minute Entry. Proceedings held before Judge John W Sedwick. Motion Hearings as to Doc. 31 Motion for Preliminary Injunction and Doc. 22 Motion to Dismiss held on 6/28/2010. Appearances: Tara Borelli, Daniel Barr, Rhonda Barnes, Jennifer Pizer and Kirstin Eldenbach for the Plaintiff. Charles Grube for the Defendant. Also present is Joseph Sciarratta, Jr., client representative for the Defendant. Argument held. Matter is taken under advisement. (Court Reporter/ECR Vicki Reger.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (VAR) (Entered: 06/28/2010)

June 28, 2010

June 28, 2010

PACER
45

TRANSCRIPT DESIGNATION AND ORDER FORM by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling for proceedings held on 6/28/2010 before Judge Sedwick. (Borelli, Tara) (Entered: 07/16/2010)

July 16, 2010

July 16, 2010

PACER
46

Notice re Report on Extension of Plan Year by Janice K Brewer, Kathy Peckardt, David Raber (Attachments: # 1 Exhibit State letter regarding extension)(Grube, Charles) (Entered: 07/22/2010)

1 Exhibit State letter regarding extension

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July 22, 2010

July 22, 2010

PACER
47

ORDER granting in part and denying in part 22 Motion to Dismiss Case: (1) the motion is DENIED with respect to plaintiffs equal protection claim; (2) the motion is GRANTED with respect to plaintiffs substantive due process claim; and (3) the motion is DENIED as to defendant Brewers claim of immunity; and granting 31 Motion for Preliminary Injunction: 1) Defendants are enjoined from enforcing A.R.S. § 38-651(O) to eliminate family insurance eligibility for lesbian and gay State employees, and their domestic partners and domestic partners children who satisfy the criteria set forth in Ariz. Admin. Code § R2-5-101; 2) Defendants are required to make available family health insurance coverage for lesbian and gay State employees, including plaintiffs, who satisfy the relevant eligibility criteria set forth in Ariz. Admin. Code § R2-5-101 to the same extent such benefits are made available to married State employees; 3) The preliminary injunction shall take effect within ten (10) business days and shall remain in effect pending trial in this action or further order of the court. Signed by Judge John W Sedwick on 7/23/10.(JWS) (Entered: 07/23/2010)

July 23, 2010

July 23, 2010

Clearinghouse
48

ANSWER to 19 Amended Complaint, by Janice K Brewer, Kathy Peckardt, David Raber.(Grube, Charles) (Entered: 08/06/2010)

Aug. 6, 2010

Aug. 6, 2010

PACER
49

NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit as to 47 Order on Motion to Dismiss, Order on Motion for Preliminary Injunction,,,,,,,, by Janice K Brewer, Kathy Peckardt, David Raber. Filing fee received: $ 455.00, receipt number 0970-4235215 (Attachments: # 1 Appeal Information Representation Statement)(Grube, Charles) (Entered: 08/16/2010)

1 Appeal Information Representation Statement

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Aug. 16, 2010

Aug. 16, 2010

PACER
50

Ninth Circuit Case Number 10-16797 for 49 Notice of Interlocutory Appeal. (ESL) (Entered: 08/17/2010)

Aug. 17, 2010

Aug. 17, 2010

PACER
51

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 06/28/2010, before Judge John W Sedwick. Court Recorder Vicki Reger. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 9/14/2010. Redacted Transcript Deadline set for 9/24/2010. Release of Transcript Restriction set for 11/22/2010. (BAS) (Entered: 08/24/2010)

Aug. 24, 2010

Aug. 24, 2010

PACER
52

AMENDED ANSWER to Amended Complaint by Janice K Brewer, Kathy Peckardt, David Raber. (Grube, Charles) (Entered: 08/27/2010)

Aug. 27, 2010

Aug. 27, 2010

PACER
53

NOTICE of Attorney Substitution by Tara L Borelli (Borelli, Tara) (Entered: 09/08/2010)

Sept. 8, 2010

Sept. 8, 2010

PACER
54

STIPULATION for Dismissal Without Prejudice of Plaintiff Judith McDaniel and Stay of Proceedings Pending Preliminary Injunction Appeal by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Attachments: # 1 Text of Proposed Order)(Borelli, Tara) (Entered: 10/07/2010)

1 Text of Proposed Order

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Oct. 7, 2010

Oct. 7, 2010

PACER
55

ORDER - Upon 54 Stipulation for Dismissal of Pla Judith McDaniel Without Prejudice and for Stay of District Court Proceedings Pending Interlocutory Appeal, IT IS ORDERED that Pla Judith McDaniel is dismissed from this action without prejudice. FURTHER ORDERED that all proceedings in this Court, with the exception of further proceedings, if any, related to the preliminary injunction, shall be stayed until fourteen (14) days after the United States Court of Appeals for the Ninth Circuit issues its ruling on review of the 7/23/2010 order of this Court granting Plas' 47 request for a preliminary injunction. Signed by Judge John W Sedwick on 10/12/10. (SAT) (Entered: 10/13/2010)

Oct. 13, 2010

Oct. 13, 2010

PACER
56

NOTICE re Firm Name Change by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Barnes, Rhonda) (Entered: 01/05/2011)

Jan. 5, 2011

Jan. 5, 2011

PACER
57

MOTION to Terminate Noticing by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Attachments: # 1 Text of Proposed Order)(Barnes, Rhonda) (Entered: 01/11/2011)

1 Text of Proposed Order

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Jan. 11, 2011

Jan. 11, 2011

PACER
58

ORDER granting Plaintiffs' 57 Motion to Terminate Noticing; James E Barton II's e-mail address to be removed from the Court's electronic noticing of filings in this matter. Signed by Judge John W Sedwick on 1/14/11.(REW) (Entered: 01/18/2011)

Jan. 18, 2011

Jan. 18, 2011

PACER
59

NOTICE of Attorney Substitution by Jennifer C Pizer (Pizer, Jennifer) (Entered: 03/28/2011)

March 28, 2011

March 28, 2011

PACER
60

MANDATE of USCA as to 49 Notice of Interlocutory Appeal, appeal case number 10-16797 filed by David Raber, Janice K Brewer, Kathy Peckardt. Plaintiffs-appellees' unopposed motion to dismiss Tracy Collins without prejudice is GRANTED. (Attachments: # 1 NDA)(ESL) (Entered: 06/06/2011)

1 NDA

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June 6, 2011

June 6, 2011

PACER
61

NOTICE re Withdrawal of Counsel of Rhonda L. Barnes by Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling . (Eidenbach, Kirstin) (Entered: 10/20/2011)

Oct. 20, 2011

Oct. 20, 2011

PACER
62

MANDATE of USCA re 10-16797 affirming District Court decision as to 49 Notice of Interlocutory Appeal, filed by David Raber, Janice K Brewer, Kathy Peckardt. (Attachments: # 1 Order, # 2 Order, # 3 Opinion, # 4 NDA). (LSP) (Entered: 05/21/2012)

1 Order

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2 Order

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3 Opinion

View on Clearinghouse

4 NDA

View on PACER

May 21, 2012

May 21, 2012

PACER
63

JUDGE SEDWICK TEXT ORDER LIFTING STAY. The Court of Appeals' mandate disposing of the interlocutory appeal has been filed at docket 62. The stay of proceedings in this case to permit the interlocutory appeal is, therefore, lifted. The case will now proceed in this court. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JWS) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
64

INITIAL CASE STATUS REPORT AND CASE SCHEDULING AND PLANNING ORDER. Counsel for all parties must meet within 21 days from service of this order for purposes of jointly completing a scheduling and planning report. Within 28 days from service of this order, counsel for plaintiff shall serve and file the parties' report with the court. (JWS) (Entered: 05/24/2012)

May 24, 2012

May 24, 2012

PACER
65

STIPULATION FOR STAY PENDING APPLICATION FOR CERTIORARI by Janice K Brewer, Kathy Peckardt, David Raber. (Attachments: # 1 Text of Proposed Order)(Grube, Charles) (Entered: 06/05/2012)

1 Text of Proposed Order

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June 5, 2012

June 5, 2012

PACER
66

ORDER for Stay Pending Application for Certiorari, pursuant to the Parties' 65 Stipulation: Staying this case pending the Defendants' filing of a petition for certiorari to the United States Supreme Court and until 2 weeks after Supreme Court proceedings are complete; continuing the preliminary injunction in this case unless and until the same is modified or terminated by subsequent order of this Court; providing that the parties may, without being in violation of the stay entered by this order, apply to this Court at any time for modification of the preliminary injunction for good cause. Signed by Judge John W Sedwick on 6/18/12. (REW) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

RECAP
67

JUDGE SEDWICK TEXT STATUS REPORT ORDER. On or before January 15, 2013, counsel for defendants will please file a report advising the court of the status of the petition for certiorari. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JWS) (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

PACER
68

STATUS REPORT on Petition for Certiorari by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Judith McDaniel, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Borelli, Tara) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

Clearinghouse
69

ORDER FROM CHAMBERS - The court has reviewed plaintiffs' status report at docket 68 and appreciates receiving the information which the court had asked defendants to provide, but which defendants failed to provide. Defense counsel will please act with improved diligence in the future. Based on the status report at docket 68, this matter will remain stayed. The next status report on the petition for certiorari shall be filed by defendants on July 1, 2013, and if they fail to do so, plaintiffs may file the report on or before July 8, 2013. If defendants fail to timely comply with this order, the court will consider imposition of sanctions. (KMG) (Entered: 01/24/2013)

Jan. 24, 2013

Jan. 24, 2013

PACER
70

REPORT of Status of Application for Certiorari by Defendants Janice K Brewer, Kathy Peckardt, David Raber. (Grube, Charles) (Entered: 07/01/2013)

July 1, 2013

July 1, 2013

RECAP
71

INITIAL CASE STATUS REPORT / CASE SCHEDULING AND PLANNING ORDER: Counsel for all parties must meet within 21 days from service of this order for purposes of jointly completing a scheduling and planning report. Within 28 days from service of this order, counsel for plaintiff shall serve and file the parties' report with the court. In the event the parties to this case are already actively engaged in settlement negotiations, counsel for plaintiff shall so advise the court within seven (7) days following the entry of this order, and shall specify the date by which the parties expect to conclude their settlement negotiations. (JWS) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

RECAP
72

NOTICE of Appearance by Kirstin T Eidenbach on behalf of Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Eidenbach, Kirstin) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
73

NOTICE of Appearance by Jerica Lyn Peters on behalf of Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Peters, Jerica) (Entered: 07/12/2013)

July 12, 2013

July 12, 2013

PACER
74

REPORT of Rule 26(f) Planning Meeting by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Peters, Jerica) (Entered: 07/30/2013)

July 30, 2013

July 30, 2013

RECAP
75

SCHEDULING AND PLANNING ORDER: Fact Discovery due by 4/25/2014. Dispositive motions due by 9/15/2014. (See document for further details). Signed by Judge John W Sedwick on 7/31/13. (LAD) (Entered: 07/31/2013)

July 31, 2013

July 31, 2013

RECAP
76

NOTICE re Service of Plaintiffs' Initial Disclosures (Local Civil Rule 5.2) by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling . (Borelli, Tara) (Entered: 08/01/2013)

Aug. 1, 2013

Aug. 1, 2013

RECAP
77

NOTICE re Defendants' Notice of Service of Initial Disclosures and Preliminary Witness List by Janice K Brewer, Kathy Peckardt, David Raber . (Grube, Charles) (Entered: 08/05/2013)

Aug. 5, 2013

Aug. 5, 2013

RECAP
78

NOTICE of Attorney Substitution by Charles Arnold Grube. (Grube, Charles) (Entered: 08/29/2013)

Aug. 29, 2013

Aug. 29, 2013

PACER
79

STIPULATION to File Second Amended Complaint by Tracy Collins, Joseph R Diaz, Keith B Humphrey, Leslie Kemp, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller, Carrie Sperling. (Attachments: # 1 Exhibit 1 Proposed Second Amended Complaint, # 2 Exhibit A to Second Amended Complaint, # 3 Exhibit B to Second Amended Complaint, # 4 Exhibit C to Second Amended Complaint, # 5 Text of Proposed Order, # 6 Certificate of Service)(Borelli, Tara) (Entered: 09/06/2013)

1 Exhibit 1 Proposed Second Amended Complaint

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2 Exhibit A to Second Amended Complaint

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3 Exhibit B to Second Amended Complaint

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4 Exhibit C to Second Amended Complaint

View on PACER

5 Text of Proposed Order

View on PACER

6 Certificate of Service

View on PACER

Sept. 6, 2013

Sept. 6, 2013

PACER
80

ORDER that Plaintiffs are granted leave to file a Second Amended Complaint 79 ; FURTHER ORDERED that Plaintiffs shall file a non-redlined version of their Second Amended Complaint within seven (7) days of this Order; FURTHER ORDERED that service shall be perfected on all Defendants by Plaintiffs' filing and service of the non-redlined Second Amended Complaint on Defendants' counsel, Charles A. Grube, through the electronic case filing system; IT IS FURTHER ORDERED that Defendants may file a responsive pleading within twenty-one (21) days of Plaintiffs' filing of the Second Amended Complaint; IT IS FURTHER ORDERED that the clerk shall add Brian McNeil to the electronic docket as a defendant and shall designate David Raber as terminated; FURTHER ORDERED that based on Defendants' stipulation that (i) complete relief is available from Defendants Brewer and McNeil, and (ii) Defendants Brewer and McNeil will ensure full compliance with all injunctive relief that the Court has previously and may in the future grant to Plaintiffs, and based on Plaintiffs' reliance on those stipulations, Ms. Isaacson is dismissed from the case, and the clerk shall designate her predecessor, Kathy Peckardt, as terminated on the electronic docket; and IT IS FURTHER ORDERED that upon the filing of the Second Amended Complaint, Plaintiffs Tracy Collins, Keith B. Humphrey, Carrie Sperling, and Leslie Kemp are dismissed without prejudice and will be terminated on the docket. Signed by Judge John W Sedwick on 9/9/2013. (KMG) (Entered: 09/09/2013)

Sept. 9, 2013

Sept. 9, 2013

RECAP
81

AMENDED COMPLAINT (Second) against Janice K Brewer, Brian McNeil, Unknown Parties filed by Deanna Pfleger, Joseph R Diaz, Stephen Russell, Corey Seemiller, Beverly Seckinger. (Attachments: # 1 Exhibit A to Second Amended Complaint, # 2 Exhibit B to Second Amended Complaint, # 3 Exhibit C to Second Amended Complaint)(Borelli, Tara) (Entered: 09/09/2013)

1 Exhibit A to Second Amended Complaint

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2 Exhibit B to Second Amended Complaint

View on PACER

3 Exhibit C to Second Amended Complaint

View on PACER

Sept. 9, 2013

Sept. 9, 2013

Clearinghouse
82

Joint MOTION for Protective Order by Joseph R Diaz, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller. (Attachments: # 1 Text of Proposed Order)(Peters, Jerica) (Entered: 09/17/2013)

1 Text of Proposed Order

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Sept. 17, 2013

Sept. 17, 2013

PACER
83

(Filed at doc.#85) LODGED Proposed Stipulated Protective Order re: 82 Joint MOTION for Protective Order . Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Joseph R Diaz, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller. (Peters, Jerica) Modified on 9/18/2013 (KMG). (Entered: 09/17/2013)

Sept. 17, 2013

Sept. 17, 2013

RECAP
84

ORDER that the Motion is GRANTED. IT IS FURTHER ORDERED that the Clerk's Office file the Stipulated Protective Order lodged at Doc. 83 . Signed by Judge John W Sedwick on 9/18/2013.(KMG) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

PACER
85

STIPULATED PROTECTIVE ORDER (See PDF for full details.) (KMG) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

PACER
86

ANSWER to 81 Amended Complaint, by Janice K Brewer, Brian McNeil.(Grube, Charles) (Entered: 09/30/2013)

Sept. 30, 2013

Sept. 30, 2013

RECAP
87

NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Tara L Borelli. (Borelli, Tara) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
88

NOTICE of Service of Discovery filed by Joseph R Diaz, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller. (Borelli, Tara) (Entered: 12/13/2013)

Dec. 13, 2013

Dec. 13, 2013

RECAP
89

MOTION for Class Certification (Unopposed) by Joseph R Diaz, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller. (Attachments: # 1 Text of Proposed Order)(Peters, Jerica) (Entered: 12/20/2013)

1 Text of Proposed Order

View on PACER

Dec. 20, 2013

Dec. 20, 2013

PACER
90

DECLARATION of Daniel C. Barr re 89 MOTION for Class Certification (Unopposed) by Plaintiffs Joseph R Diaz, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller. (Attachments: # 1 Exhibit A)(Peters, Jerica) (Entered: 12/20/2013)

1 Exhibit A

View on PACER

Dec. 20, 2013

Dec. 20, 2013

PACER
91

DECLARATION of Tara L. Borelli re 89 MOTION for Class Certification (Unopposed) by Plaintiffs Joseph R Diaz, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller. (Attachments: # 1 Exhibit A)(Peters, Jerica) (Entered: 12/20/2013)

1 Exhibit A

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Dec. 20, 2013

Dec. 20, 2013

PACER
92

DECLARATION of Joseph R. Diaz re 89 MOTION for Class Certification (Unopposed) by Plaintiffs Joseph R Diaz, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller. (Peters, Jerica) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
93

DECLARATION of Beverly Seckinger re 89 MOTION for Class Certification (Unopposed) by Plaintiffs Joseph R Diaz, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller. (Peters, Jerica) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
94

DECLARATION of Stephen Russell re 89 MOTION for Class Certification (Unopposed) by Plaintiffs Joseph R Diaz, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller. (Peters, Jerica) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
95

DECLARATION of Deanna Pfleger re 89 MOTION for Class Certification (Unopposed) by Plaintiffs Joseph R Diaz, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller. (Peters, Jerica) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER
96

STIPULATION RE: 89 MOTION for Class Certification (Unopposed) by Joseph R Diaz, Deanna Pfleger, Stephen Russell, Beverly Seckinger, Corey Seemiller. (Attachments: # 1 Text of Proposed Order)(Peters, Jerica) (Entered: 12/20/2013)

1 Text of Proposed Order

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Dec. 20, 2013

Dec. 20, 2013

PACER
97

ORDER re pursuant to 96 Stipulation: No additional briefing is required with respect to Plaintiffs' Unopposed Motion for Class Certification. Signed by Judge John W Sedwick on 12/23/13. (JWS) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
98

ORDER granting 89 Motion for Class Certification. Plaintiffs meet the requirements to certify the putative class under Rule 23(a) and 23(b)(2) of the Federal Rules of Civil Procedure. This action is certified as a class action under Rule 23(b)(2). The Court appoints Plaintiffs Joseph R. Diaz, Beverly Seckinger, Stephen Russell, and Deanna Pfleger as Class representatives. The Court appoints Lambda Legal Defense and Education Fund, Inc. and Perkins Coie LLP as Class counsel. Signed by Judge John W Sedwick on 12/23/13.(JWS) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

Clearinghouse
99

NOTICE of Service of Discovery filed by Janice K Brewer, Brian McNeil. (Grube, Charles) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

PACER
100

NOTICE of Service of Discovery filed by Joseph R Diaz, Deanna Pfleger, Beverly Seckinger, Corey Seemiller. (Borelli, Tara) (Entered: 02/24/2014)

Feb. 24, 2014

Feb. 24, 2014

PACER

Case Details

State / Territory: Arizona

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 17, 2009

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Lesbian or gay state employees, whose partners' health insurance the state attempted to stop providing as a benefit of employment.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Perkins Coie

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The State of Arizona, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $306,986.62

Order Duration: 2009 - 2015

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Sex discrimination

Sexual orientatation