Case: Smelt v. County of Orange

Smelt v. Orange County

U.S. Court of Appeals for the Ninth Circuit

Supreme Court of the United States

COMPLAINT against Defendants County Clerk, DOES 1 through 10, Orange County of (Filing fee $150), filed by Plaintiff Christopher David Hammer, Arthur Bruno Smelt.(th) (Entered: 09/14/2004)

CERTIFICATE AND NOTICE of Interested Parties filed by Plaintiffs Christopher David Hammer, Arthur Bruno Smelt. (th) (Entered: 09/14/2004)

20 DAYS Summons Issued re Complaint − (Discovery) 1 as to County Clerk, DOES 1 through 10, Orange County of. (th) (Entered: 09/14/2004)

MINUTES [ In Chambers] by Judge Gary L. Taylor :,, Status Conference set for 9/30/2004 02:00 PM before Honorable Gary L. Taylor. Defendants responsive pleading is vacated and a new responsive pleading date to be set at the status conference.Court Reporter: none. (dmjr, ) (Entered: 09/23/2004)

FIRST AMENDED COMPLAINT against defendants Michael Rodrian, County Clerk, DOES, Orange County of amending Complaint − (Discovery) 1 ,filed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt (dmjr, ) (Entered: 09/27/2004)

Certification and notice of Interested Parties filed by Plaintiffs Christopher David Hammer, Arthur Bruno Smelt. (dmjr, ) (Entered: 09/27/2004)

20 day Summons Issued re first Amended Complaint 4 as to County Clerk, DOES, Orange County of, Michael Rodrian. (dmjr, ) (Entered: 09/27/2004)

ORDER by Judge Gary L. Taylor, The students application of Peggy Levenzon−Tuchman to appear in this case is hereby granted. Participation limited to assisting trial attorney.(dmjr, ) (Entered: 10/07/2004)

MINUTES OF In Chambers proceeding by Gary L. Taylor : The Court authorizes the parties to invite qualified amicus participants to file briefs concerning the issues to be determined in this case. Court Reporter: none present. (esa, ) (Entered: 10/15/2004)

CERTIFICATION TO ATTORNEYS GENERAL AND NOTIFICATION OF OPPORTUNITY TO INTERVENEORDER by Judge Gary L. Taylor:( See Document for details )(esa, ) (Entered: 10/15/2004)

MINUTES OF In Chambers Order by Judge Gary L. Taylor : The Court orders the parties to attempt to agree to a short, simple statement of facts, which will frame the issues presented in this case. Attached is the Court's draft fo a suggested statement. Unless a statement is earlier agreed upon, the Court will settle a statement of facts at the 11/22/04 hearing. Court Reporter: none present. (esa, ) (Entered: 10/15/2004)

NOTICE OF CLERICAL ERROR Re: Minute Order, Amicus Participation: Scanned document not sent to Teri Maksoudian and Marianne Van Riper. (esa, ) (Entered: 10/21/2004)

NOTICE OF CLERICAL ERROR Re: Sceduling Order: Scanned document No. 8 not sent to noticed parties Teri Maksoudian and Marianne Van Riper (esa, ) (Entered: 10/21/2004)

NOTICE OF CLERICAL ERROR Re: Certification to Attorneys General, and Notification of Opportunity to Intervene: Scanned document No. 9 not sent to noticed parties Teri Maksoudian and Marianne Van Riper (esa, ) (Entered: 10/21/2004)

NOTICE OF CLERICAL ERROR Re: Minute Order, Agreed Statement of Facts: Scanned document No. 10 not sent to noticed parties Teri Maksoudian and Marianne Van Riper. (esa, ) (Entered: 10/21/2004)

NOTICE OF MOTION AND MOTION to Intervene as party defendant filed by Intevenors Campaign for California Families. Motion set for hearing on 11/15/2004 at 10:00 AM before Honorable Gary L. Taylor. (pj, ) (Entered: 10/27/2004)

MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION to Intervene 17 filed by Intervenor Campaign for California Families. (pj, ) (Entered: 10/27/2004)

DECLARATION of RENA M LINDEVALDSEN re MOTION to Intervene 17 filed by Intervenors Campaign for California Families. (pj, ) (Entered: 10/27/2004)

PROOF OF SERVICE filed by Intervenors Campaign for California Families. re 17 MOTION to Intervene, 18 Memorandum in Support of Motion, 19 Declaration (Motion related), was served on 10/21/2004. (pj, ) (Entered: 10/27/2004)

DECLARATION of Randy Thomasson in support of MOTION to Intervene 17 filed by intervenor Campaign for California Families. (dmjr, ) (Entered: 10/29/2004)

MINUTES [ In Chambers]by Judge Gary L. Taylor : court extended to 10/29/04 the time for the named state parties to enter an appearance. Brief page limit shall be 40 pages (dmjr, ) (Entered: 10/26/2004)

Certification and notice of Interested Parties by intervenor Proposition 22 Legal Defense and Education Fund (dmjr, ) (Entered: 10/27/2004)

NOTICE OF MOTION AND MOTION to Intervene.. proposed answer filed by intervenor Proposition 22 Legal Defense and Education Fund. Motion set for hearing on 11/1/2004 at 11:00 AM before Honorable Gary L. Taylor. (dmjr, ) (Entered: 10/29/2004)

MEMORANDUM in Support of MOTION to Intervene 26 filed by intervenor Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 10/29/2004)

DECLARATION of M W Bucher in support of MOTION to Intervene 26 filed by intervenor Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 10/29/2004)

DECLARATION of Natalie Williams in support of MOTION to Intervene 26 filed by intervenor Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 10/29/2004)

DECLARATION of Dana Cody in support of MOTION to Intervene 26 filed by intervenor Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 10/29/2004)

DECLARATION of David Bauer in support of MOTION to Intervene 26 filed by intervenor Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 10/29/2004)

NOTIFICATION OF INTERVENTION filed by Defendant−Intervenor UNITED STATES OF AMERICA; lodged proposed order. (esa, ) (Entered: 11/02/2004)

MINUTES [ In Chambers] by Judge Gary L. Taylor :, Reset Deadlines as to 17 MOTION to Intervene. Motion set for hearing on 11/1/2004 at 11:00 AM before Honorable Gary L. Taylor. Intervenors invited to appear in person or by phone. Court will discuss whether the Campaign and Fund should participate more appropriately by intervention or amicusCourt Reporter: none. (dmjr, ) (Entered: 10/28/2004)

Certification and notice of Interested Parties filed by Defendants County Clerk, Orange County of. (dmjr, ) (Entered: 10/28/2004)

ANSWER to first Amended Complaint 4 filed by defendants County Clerk, Orange County of.(dmjr, ) (Entered: 10/28/2004)

PROOF OF SERVICE Executed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt, upon Michael Rodrian served on 10/4/2004, answer due 10/24/2004. The Summons and Complaint were served by personal service service, by unspecified statute, upon Tim Conforth, per policies and procedures. Due Dilligence declaration not attached. Original Summons not returned. (dmjr, ) (Entered: 10/28/2004)

PROOF OF SERVICE filed by plaintiffs re 4 Amended Complaint, was served on 10/5/04 on CA Deprartment of Health Services upon Tim Cornforth, agent for service. (dmjr, ) (Entered: 10/29/2004)

APPLICATION AND ORDER of Non−Resident Attorney to Appear in a Specific Case by Byron J Babione for Proposition 22 Legal Defense and Education Fund, designating Sam Kim as local counsel. Fee paid. Approved by Judge Gary L. Taylor.(dmjr, ) (Entered: 11/01/2004)

OPPOSITION to MOTION to Intervene 26 filed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt. (pj, ) (Entered: 11/01/2004)

OPPOSITION to MOTION to Intervene 26 filed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt. (pj, ) (Entered: 11/01/2004)

ANSWER to Amended Complaint 4 filed by defendant Michael Rodrian.(dmjr, ) (Entered: 11/01/2004)

Certification and notice of Interested Parties filed by Defendant Michael Rodrian. (dmjr, ) (Entered: 11/01/2004)

NOTICE of Association of Counsel associating attorney Richard C Gilbert on behalf of Plaintiffs Christopher David Hammer, Arthur Bruno Smelt. Filed by plaintiff attorney (dmjr, ) (Entered: 11/01/2004)

STATEMENT of non−opposition to MOTION to Intervene by Campaign for California Families 17 filed by defendant−intervenor United States Of America. (mt, ) (Entered: 11/09/2004)

MINUTES OF Status Conference held before Judge Gary L. Taylor :, intervenor motions are taken under submission, tentative ruling attachedCourt Reporter: 11/1/04. (dmjr, ) (Entered: 11/03/2004)

NOTICE OF MOTION AND MOTION to abstain by defendants State Registrar of Vital Statistics and Department Health Services. Motion set for hearing on 11/22/2004 at 10:00 AM before Honorable Gary L. Taylor. (mg, ) (Entered: 11/08/2004)

MEMORANDUM of points and authorities in Support of MOTION for to abstain 46 filed by defendant Michael Rodrian. (mg, ) (Entered: 11/08/2004)

DECLARATION of Christopher E Krueger in support of MOTION to abstain 46 filed by defendant Michael Rodrian. (mg, ) (Entered: 11/08/2004)

AMENDED PROOF OF SERVICE filed by defendant Orange County of. 23 Answer to First Amended Complaint, was served on 10/29/04. (mg, ) (Entered: 11/08/2004)

AMENDED PROOF OF SERVICE filed by defendant Orange County of. 22 Certificate of Interested Parties, was served on 11/1/04. (mg, ) (Entered: 11/08/2004)

MINUTES OF Status Conference held before Judge Gary L. Taylor : court signs order granting intervention by the US.Order by Judge Gary L. Taylor granting MOTION to Intervene 26 , MOTION to Intervene 17 , parties to comply with scheduling order. Parties relieved to file separate statement concerning cross−motions for summary judgment, but may brief the merits. Court Reporter: D Parker. (dmjr, ) (Entered: 11/02/2004)

APPLICATION AND ORDER of Non−Resident Attorney to Appear in a Specific Case by Rena M Lindevaldsen for Campaign for California Families, designating R S Heckmann as local counsel. Fee paid. Approved by Judge Gary L. Taylor.(dmjr, ) (Entered: 11/02/2004)

ORDER by Judge Gary L. Taylor granting in tervention by United States Of America rep by W Scott Simpson added. The US shall file its dispositive motion no later than 12/6/04, counsel may participate in the status conference of 11/1/04 by phone.(dmjr, ) (Entered: 11/03/2004)

MINUTES [ In Chambers] by Judge Gary L. Taylor : court grants one additional day, until 11/9/04 to file any opposition briefs to the motion to abstain. Reply briefs extended one day to 11/16/04Court Reporter: none. (dmjr, ) (Entered: 11/08/2004)

ANSWER to Amended Complaint 4 filed by intervenor plaintiff Proposition 22 Legal Defense and Education Fund.(dmjr, ) (Entered: 11/09/2004)

STATEMENT of in response to motion to abstain by defendants re MOTION for Order 46 filed by defendant−intervenor UNITED STATES OF AMERICA. (yc, ) (Entered: 11/15/2004)

NOTICE OF MOTION AND MOTION for Reconsideration of granting interveners campaign for california families and proposition 232 legal defense and education fund motions to intervene. filed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt. Motion set for hearing on 11/22/2004 at 10:00 AM before Honorable Gary L. Taylor. (yc, ) (Entered: 11/15/2004)

OPPOSITION to MOTION for Order 46 filed by plaintiffs Christopher David

DECLARATION of Attorney Byron J Babione in opposition to the state's re MOTION for Order 46 filed by plaintiff Proposition 22 Legal Defense and Education Fund. (yc, ) (Entered: 11/15/2004)

MEMORANDUM of points and authorities in Opposition to MOTION to abstain 46 filed by Proposed Intervenor Campaign for California Families. (pj, ) (Entered: 11/16/2004)

DECLARATION of RENA M LINDEVALDSEN IN OPPOSITION re MOTION to abstain 46 filed by Intervenor Campaign for California Families. (pj, ) (Entered: 11/16/2004)

PROOF OF SERVICE filed by Intervenor Campaign for California Families. re 66 Declaration (Motion related), 65 MEMORANDUM in Opposition to Motion, on 11/8/2004 (pj, ) (Entered: 11/16/2004)

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Gary L. Taylor ORDERING Motion for Reconsideration submitted by Plaintiffs Christopher David Hammer, Arthur Bruno Smelt received on 11/09/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ln, ) (Entered: 11/10/2004)

APPLICATION for Leave appear as amicus curiae and to File amicus brief in support of defendants motion to abstain filed by amicus curiae San Francisco City and County. Lodged order, brief. (dmjr, ) (Entered: 11/16/2004)

ORDER by Judge Gary L. Taylor : granting 60 Application for Leave (dmjr, ) (Entered: 11/16/2004)

BRIEF FILED filed by amicus curiae San Francisco City and County. regarding MOTION for Order 46 . (dmjr, ) (Entered: 11/16/2004)

Motion and ORDER by Judge Gary L. Taylor,granting leave to file an amicus brief(dmjr, ) (Entered: 11/16/2004)

PROOF OF SERVICE San Francisco City and County.application for leave to appear amicus curiae was served on 11/10/2004. (pj, ) (Entered: 11/16/2004)

PROOF OF SERVICE filed by Amici Curiae Phyllis Lyon and Del Martin, Lancy Wood and Christy Chung et al request for leave to file an amicus brief and brief was served on 10/10/2004. (pj, ) (Entered: 11/16/2004)

BRIEF re MOTION for Order 46 filed by amici curiae P Lyon and D Martin, et al. (dmjr, ) (Entered: 11/17/2004)

OBJECTION TO THE WOO AMICI AND MARRIAGE CASES Joint Motion for Leave to File 60 filed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt. (pj, ) (Entered: 11/17/2004)

OBJECTION TO CITY AND COUNTY OF SAN FRANCISCO MOTION for Leave to File 60 filed by plaintiffs Christopher David Hammer, Arthur Bruno Smelt. (pj, ) (Entered: 11/17/2004)

Certification and notice of Interested Parties filed by Intervenor Plaintiff Campaign for California Families. (dmjr, ) (Entered: 11/17/2004)

ANSWER to first Amended Complaint 4 filed by intervenor Campaign for California Families.(dmjr, ) (Entered: 11/18/2004)

DECLARATION of Rena M Lindevaldsen in opposition to plaintiffs MOTION for Reconsideration 55 filed by declaration Campaign for California Families. (mg, ) (Entered: 11/18/2004)

Notice of Withdrawal of MOTION for Reconsideration 55 filed by plaintiffs (mg, ) (Entered: 11/18/2004)

REPLY in support of MOTION to abstain 46 filed by defendant Michael Rodrian. (mg, ) (Entered: 11/18/2004)

SUPPLEMENTAL DECLARATION of Christopher E Krueger in support of MOTION to abstain 46 filed by defendant Michael Rodrian. (mg, ) (Entered: 11/18/2004)

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Gary L. Taylor ORDERING answer submitted by Intervenor Plaintiff Campaign for California Families received on 11/16/04 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(dmjr, ) (Entered: 11/18/2004)

DECLARATION of Byron J Babione in opposition to San Francisco and the Woo Plaintiffs' Amicus Brief in support of the State's MOTION for Order 46 to abstain filed by defendant Proposition 22 Legal Defense and Education Fund. (esa, ) (Entered: 11/24/2004)

MEMORANDUM OF LAW in opposition to San Francisco and Woo Plaintiffs' Amicus Briefs in support of State's MOTION for Order 46 to abstain filed by defendant Proposition 22 Legal Defense and Education Fund. (esa, ) (Entered: 11/24/2004)

MINUTES OF Order by Judge Gary L. Taylor taking under submission MOTION for Order 46 until the merits hearing in January 2005.Court Reporter: none. (dmjr, ) (Entered: 11/23/2004)

MINUTES OF Motion Hearing held before Judge Gary L. Taylor : re MOTION for Reconsideration 55 previously withdrawn is off−calendar, MOTION for Order 46 taken under submission. Evidentiary hearing vacatedCourt Reporter: W Stephenson. (dmjr, ) (Entered: 11/29/2004)

Notice of Interested Parties filed by Intervenor Plaintiff Campaign for California Families. (dmjr, ) (Entered: 11/30/2004)

NOTICE OF MOTION AND MOTION for Summary Judgment, memorandum filed by defendants Orange County of, County Clerk. Motion set for hearing on 1/27/2005 at 09:00 AM before Honorable Gary L. Taylor. (dmjr, ) (Entered: 12/16/2004)

NOTICE of lodging of index and authorities filed by defendants Orange County of, County Clerk. (dmjr, ) (Entered: 12/16/2004)

NOTICE OF MOTION AND MOTION for Summary Judgment, alternatively MOTION for Partial Summary Judgment filed by defendant Michael Rodrian. Motion set for hearing on 1/17/2004 at 09:00 AM before Honorable Gary L. Taylor. (dmjr, ) (Entered: 12/17/2004)

MEMORANDUM in Support of MOTION for Summary Judgment MOTION for Partial Summary Judgment 88 filed by defendant Michael Rodrian. (dmjr, ) (Entered: 12/17/2004)

DECLARATION of C E Krueger re MOTION for Summary Judgment MOTION for Partial Summary Judgment 88 filed by defendant Michael Rodrian. (dmjr, ) (Entered: 12/17/2004)

NOTICE OF MOTION AND MOTION for Summary Judgment, memorandum filed by intervenor defendant United States Of America. Motion set for hearing on 1/27/2005 at 09:00 AM before Honorable Gary L. Taylor. (dmjr, ) (Entered: 12/17/2004)

EXHIBITS Filed filed by Intervenor Defendant United States Of America. as to MOTION for Summary Judgment 91 . (dmjr, ) (Entered: 12/17/2004)

NOTICE OF MOTION AND MOTION for Summary Judgment filed by intervenor plaintiff Proposition 22 Legal Defense and Education Fund. Motion set for hearing on 1/27/2004 at 09:00 AM before Honorable Gary L. Taylor. Lodged order, statement. (dmjr, ) (Entered: 12/22/2004)

MEMORANDUM in Support of MOTION for Summary Judgment 93 filed by intervenor plaintiff Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 12/22/2004)

DECLARATION of B J Babione re MOTION for Summary Judgment 93 filed by intervenor plaintiff Proposition 22 Legal Defense and Education Fund. (dmjr, ) (Entered: 12/22/2004)

NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Gary L. Taylor ORDERING summary judgment motion submitted by Intervenor Defendant UNITED STATES OF AMERICA received on 12/6/4 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(dmjr, ) (Entered: 12/08/2004)

AMENDED DOCUMENT filed by Defendant Michael Rodrian. Amendment to Memorandum in Support of Motion 89 (dmjr, ) (Entered: 12/22/2004)

REVISED MEMORANDUM in Support of MOTION for Summary Judgment 86 , MOTION for Summary Judgment MOTION for Partial Summary Judgment 88 , MOTION for Summary Judgment 93 , MOTION for Summary Judgment 91 filed by intervenor plaintiff Campaign for California Families. (dmjr, ) (Entered: 12/22/2004)

DECLARATION of R M Lindevaldsen re MOTION for Summary Judgment 86 , MOTION for Summary Judgment MOTION for Partial Summary Judgment 88 , MOTION for Summary Judgment 93 , MOTION for Summary Judgment 91 filed by intervenor plaintiff Campaign for California Families. (dmjr, ) (Entered: 12/22/2004)

APPENDIX of exhibits filed by Intervenor Plaintiff Campaign for California Families. Re: Memorandum in Support of Motion, 97 (dmjr, ) (Entered: 12/22/2004)

PROOF OF SERVICE filed by intervenor plaintiff Campaign for California Families. re Memorandum in Support of Motion, 97 , Declaration (Motion related), Declaration (Motion related) 98 , Appendix 99 , was served on 12/7/04. (dmjr, ) (Entered: 12/22/2004)

AMENDED PROOF OF SERVICE filed by intervenor plaintiff Proposition 22 Legal Defense and Education Fund. re MOTION for Summary Judgment 93 , Memorandum in Support of Motion 94 , Declaration (Motion related) 95 , was served on 12/7/04. (dmjr, ) (Entered: 12/22/2004)

PROOF OF SERVICE filed by intervenor plaintiff Proposition 22 Legal Defense and Education Fund. re MOTION for Summary Judgment 93 , Memorandum in Support of Motion 94 , Declaration (Motion related) 95 , was served on 12/6/04. (dmjr, ) (Entered: 12/22/2004)

NOTICE OF MOTION AND MOTION for Summary Judgment, memorandum and opposition to all defendants and intervenors motions for summary judgment filed by plaintiffs Arthur Bruno Smelt, Christopher David Hammer. Motion set for hearing on 1/27/2005 at 09:00 AM before Honorable Gary L. Taylor. Lodged order, statement. (dmjr, ) (Entered: 12/27/2004)