Case: Cozen O'Connor, P.C. v. Tobits

2:11-cv-00045 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: Jan. 4, 2011

Closed Date: Sept. 23, 2013

Clearinghouse coding complete

Case Summary

The plaintiff is a Pennsylvania-based law firm who employed the (female) decedent, Ellyn Farley, who married her wife, Jennifer Tobits, in Toronto in 2006. Farley died in 2010. The issue in this case is who should get Farley's death benefits, under an ERISA-covered plan, payable by her former employer, Cozen O'Connor. Cozen filed this action on January 4, 2011, in the U.S. District Court for the Eastern District of Pennsylvania, naming both Farley's parents and Tobits as defendants and seeki…

The plaintiff is a Pennsylvania-based law firm who employed the (female) decedent, Ellyn Farley, who married her wife, Jennifer Tobits, in Toronto in 2006. Farley died in 2010. The issue in this case is who should get Farley's death benefits, under an ERISA-covered plan, payable by her former employer, Cozen O'Connor. Cozen filed this action on January 4, 2011, in the U.S. District Court for the Eastern District of Pennsylvania, naming both Farley's parents and Tobits as defendants and seeking court guidance on which of those claimants should receive the benefits.

Cozen has asked to court to allow it to pay the contested benefits into some kind of registry or escrow account, and then exit the dispute while the claimants either settled or litigated the matter. (It also sought attorney's fees.) While it has taken no position on the constitutionality of DOMA, it has argued in court that its plan does not define spouse to mean something different than the federal definition--which, under DOMA, means that only opposite-sex spouses are included. (A different definition was possible, Cozen says, but its plan did not take that approach.) Thus, Cozen has argued, if DOMA is constitutional, the benefits should go to Farley's parents.

Tobits is represented by the National Center for Lesbian Rights; she takes the position that Tobits meets the definition of Farley's "spouse" in the firm's benefits plan, that the federal Defense of Marriage Act does not prevent private employers from respecting the marriages of same-sex couples, and that if DOMA did apply, it would be unconstitutional to deny plan benefits on that basis.

Both the United States and the "Bipartisan Legal Advisory Group" (which has been designated by the Speaker of the House to defend the constitutionality of DOMA, given the U.S.'s position that the statute is not, in fact, constitutional) have entered the case.

On September 25, 2012, the Court ordered that the case be put on hold while the U.S. Supreme Court decided whether to grant the petition for a writ of certiorari in other cases challenging DOMA. According to NCLR's website, in November 2012, Tobits won the related issue in Pennsylvania Probate Court, and was recognized as the sole heir and legal representative of Farley's estate.

On July 8, 2013, the Bipartisan Legal Advisory Group submitted a consent motion to withdraw as an intervenor-defendant, following the Supreme Court's holding in Windsor that § 3 of DOMA was unconstitutional. The motion was granted by the Court on July 11, 2013.

On July 29, 2013, the Court found that pursuant to the benefits plan, meant to be governed by ERISA, designated benefits go to any surviving spouse, with no further definition of spouse. Following the outcome of Windsor, Tobits was the legally recognized spouse and was awarded Ms. Farley's death benefits. The Court also ordered that Cozen O'Connor deposit all money due under the plan into the registry of the court, and relieved it of any further liability to Tobits or the Farleys, but did not grant it attorneys' fees.

On August 23, 2013, the Farleys appealed to the United States Court of Appeals for the Third Circuit. On August 30, 2013, the Farleys moved to voluntarily dismiss their appeal, which was granted by the Court on September 23, 2013.

Summary Authors

Darren Miller (11/27/2012)

Claire Lally (3/16/2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5094810/parties/cozen-oconnor-pc-v-tobits/


Judge(s)

Jones, C. Darnell II (Pennsylvania)

Attorneys(s) for Plaintiff

Caughie, Jill M. (Pennsylvania)

Dorsch, Jay (Pennsylvania)

Fiebach, Robert H. (Pennsylvania)

Kresge, Raymond A. (Pennsylvania)

Attorneys(s) for Defendant

Breen, Peter C. (Illinois)

Brejcha, Thomas (Illinois)

Jerner, Benjamin L. (Pennsylvania)

Lin, Jean (District of Columbia)

Michael, Jonathon W. (Illinois)

Judge(s)

Jones, C. Darnell II (Pennsylvania)

Attorneys(s) for Plaintiff

Caughie, Jill M. (Pennsylvania)

Dorsch, Jay (Pennsylvania)

Fiebach, Robert H. (Pennsylvania)

Kresge, Raymond A. (Pennsylvania)

Attorneys(s) for Defendant

Breen, Peter C. (Illinois)

Brejcha, Thomas (Illinois)

Jerner, Benjamin L. (Pennsylvania)

Lin, Jean (District of Columbia)

Michael, Jonathon W. (Illinois)

Minter, Shannon (California)

Renaker, Teresa S. (California)

Rowen, Melanie S. (California)

Stanton, Aaron H. (Illinois)

Stoll, Christopher (California)

Wasow, Nina (California)

Wenger, Randalll (Pennsylvania)

Whelan, Amy E. (California)

Wilensky, Julie H. (California)

Other Attorney(s)

Autry, Joshua M. (Pennsylvania)

Bartolomucci, H. Christopher (District of Columbia)

Bell, Emily M. (Pennsylvania)

Bonner, William A. (Pennsylvania)

Fox, Nathan Daniel (Pennsylvania)

George, Robert P. (New Jersey)

Hoffman, Susan Katz (Pennsylvania)

Kircher, Kerry W. (District of Columbia)

Littleton, Judson O. (District of Columbia)

Proctor, Charles W. III (Pennsylvania)

Roper, Mary Catherine (Pennsylvania)

Schowengerdt, Dale (Arizona)

Documents in the Clearinghouse

Document

2:11-cv-00045

Docket

Jan. 4, 2013

Jan. 4, 2013

Docket
3

2:11-cv-00045

Cozen O'Connor's First Amended Complaint for Interpleader

Jan. 24, 2011

Jan. 24, 2011

Complaint
90

2:11-cv-00045

Plaintiff Cozen O'Connor, P.C.'s Response Brief in Opposition to Jennifer Tobits' Supplemental Brief Pursuant to the Court's October 27, 2011 Order and the Amici Curiae Brief of the Human Rights Campaign and the Equality Forum

Dec. 21, 2011

Dec. 21, 2011

Pleading / Motion / Brief
144

2:11-cv-00045

Memorandum

2013 WL 3878688

July 29, 2013

July 29, 2013

Order/Opinion
145

2:11-cv-00045

Order

July 29, 2013

July 29, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5094810/cozen-oconnor-pc-v-tobits/

Last updated Aug. 6, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DAVID M. FARLEY, JOAN F. FARLEY, JENNIFER J. TOBITS ( Filing fee $ 350 receipt number 035355.), filed by COZEN O'CONNOR, P.C.. (Attachments: # 1 Civil Cover Sheet, # 2 Case Management Track Form, # 3 Designation Form, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(jwl, ) (Entered: 01/05/2011)

1 Civil Cover Sheet

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2 Case Management Track Form

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3 Designation Form

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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Jan. 4, 2011

Jan. 4, 2011

PACER
2

Disclosure Statement Form pursuant to FRCP 7.1 by COZEN O'CONNOR, P.C..(jwl, ) (Entered: 01/05/2011)

Jan. 4, 2011

Jan. 4, 2011

PACER

Summons Issued as to DAVID M. FARLEY, JOAN F. FARLEY, JENNIFER J. TOBITS. Three Forwarded To: Counsel on 1/5/11 (jwl, )

Jan. 4, 2011

Jan. 4, 2011

PACER
3

AMENDED COMPLAINT against DAVID M. FARLEY, JOAN F. FARLEY, JENNIFER J. TOBITS, filed by PLFF COZEN O'CONNOR, P.C.(kw, ) (Entered: 01/25/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Jan. 24, 2011

Jan. 24, 2011

PACER

Summons on Amended Complaint Issued as to DAVID M. FARLEY, JOAN F. FARLEY, JENNIFER J. TOBITS. Forwarded To: counsel on 1/25/11. (kw, )

Jan. 24, 2011

Jan. 24, 2011

PACER
4

ORDER THAT PLAINTIFF SHALL SHOW CAUSE IN WRITING AS TO WHY THIS MATTER SHOULD NOT BE DISMISSED FOR WANT OF PROSECUTION BY 5/20/2011. SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/10/2011. 5/13/2011 ENTERED AND COPIES MAILED TO UNREPS, E-MAILED.(kp, ) (Entered: 05/13/2011)

May 12, 2011

May 12, 2011

PACER
5

Praecipe to Grant Joint Stipulation to Extend Time by COZEN O'CONNOR, P.C.. (CAUGHIE, JILL) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

PACER
6

STIPULATION (SECOND) TO EXTEND TIME by COZEN O'CONNOR, P.C.. (CAUGHIE, JILL) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO JUDGE FOR APPROVAL) Modified on 6/20/2011 (nd, ). (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
7

NOTICE by COZEN O'CONNOR, P.C. re 6 Stipulation Certificate of Service (CAUGHIE, JILL) (FILED IN ERROR BY ATTORNEY; COPY FORWARDED TO CLERK/JUDGE FOR APPROVAL) Modified on 6/20/2011 (nd, ). (Entered: 06/16/2011)

June 16, 2011

June 16, 2011

PACER
8

NOTICE of Appearance by BENJAMIN L. JERNER, ESQ. on behalf of DEFT JENNIFER J. TOBITS, Certificate of Service. (kw, ) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
9

APPLICATION for admission of MELANIE S. ROWEN, ESQ. to appear pro hac vice, Statement, Certificate of Servce, filed by DEFT JENNIFER J. TOBITS. (filing fee paid on 6/17/11) (kw, ) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
10

APPLICATION for admission of AMY WHELAN, ESQ. to appear pro hac vice, Statement, Certificate of Servce, filed by DEFT JENNIFER J. TOBITS. (filing fee paid on 6/17/11) (kw, ) (Entered: 06/17/2011)

June 17, 2011

June 17, 2011

PACER
11

STIPULATION AND ORDER THAT DEFENDANTS SHALL HAVE UP TO AND INCLUDING 8/1/11 TO RESPOND TO PLAINTIFF'S AMENDED COMPLAINT. SIGNED BY HONORABLE C. DARNELL JONES, II ON 6/16/11. 6/20/11 ENTERED AND COPIES MAILED AND E-MAILED.(mbh, ) (Entered: 06/20/2011)

June 17, 2011

June 17, 2011

PACER
12

ORDER THAT APPLICATION OF MELANIE S. ROWEN, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 6/22/11. 6/23/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 06/23/2011)

June 22, 2011

June 22, 2011

PACER
13

ORDER THAT APPLICATION OF AMY WHELAN, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 6/22/11. 6/23/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 06/23/2011)

June 22, 2011

June 22, 2011

PACER

Letter to Attorney Jonathan W. Michael re: L.R. 83.5 and 83.5.2. (pod)

June 27, 2011

June 27, 2011

PACER

Letter to Attorney Jonathan W. Michael re: L.R. 83.5 and 83.5.2. (pod)

July 25, 2011

July 25, 2011

PACER
14

Defendant Farley's ANSWER to 3 Amended Complaint, CROSSCLAIM against JENNIFER J. TOBITS, COUNTERCLAIM against COZEN O'CONNOR, P.C. by DAVID M. FARLEY, JOAN F. FARLEY. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(WENGER, RANDALL) (Entered: 08/01/2011)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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Aug. 1, 2011

Aug. 1, 2011

PACER
15

ANSWER to 3 Amended Complaint, CROSSCLAIM against DAVID M. FARLEY, JOAN F. FARLEY, COUNTERCLAIM against COZEN O'CONNOR, P.C. by JENNIFER J. TOBITS.(ROWEN, MELANIE) (Entered: 08/01/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
16

APPLICATION for admission of JULIE H. WILENSKY, ESQ. to appear pro hac vice, Statement, Certificate of Servce, filed by DEFT JENNIFER J. TOBITS. (filing fee paid on 8/1/11) (kw, ) (Entered: 08/02/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
17

APPLICATION for admission of TERESA S. RENAKER, ESQ. to appear pro hac vice, Statement, Certificate of Servce, filed by DEFT JENNIFER J. TOBITS. (filing fee paid on 8/1/11) (kw, ) (Entered: 08/02/2011)

Aug. 1, 2011

Aug. 1, 2011

PACER
18

MOTION for Pro Hac Vice for Peter C. Breen filed by DAVID M. FARLEY, JOAN F. FARLEY.Application, Statement, Certificate of Service.(WENGER, RANDALL) (filing fee paid on 8/11/11) Modified on 8/11/2011 (kw, ). (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
19

MOTION for Pro Hac Vice for Thomas Brejcha filed by DAVID M. FARLEY, JOAN F. FARLEY.Application, Statement, Certificate of Service.(WENGER, RANDALL) (filing fee paid on 8/11/11) Modified on 8/11/2011 (kw, ). (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
20

MOTION for Pro Hac Vice for Jonathan W. Michael filed by DAVID M. FARLEY, JOAN F. FARLEY.Application, Statement, Certificate of Service.(WENGER, RANDALL) (filing fee paid on 8/11/11) Modified on 8/11/2011 (kw, ). (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
21

MOTION for Pro Hac Vice for Aaron H. Stanton filed by DAVID M. FARLEY, JOAN F. FARLEY.Application, Statement, Certificate of Service.(WENGER, RANDALL) (filing fee paid on 8/11/11) Modified on 8/11/2011 (kw, ). (Entered: 08/08/2011)

Aug. 8, 2011

Aug. 8, 2011

PACER
22

ANSWER to 14 Answer to Amended Complaint, Crossclaim, Counterclaim,,, and Affirmative Defenses by COZEN O'CONNOR, P.C., Certificate of Service. (Attachments: # 1 Exhibit Exhibits 1-3 to Answer to Farleys' Counterclaim)(CAUGHIE, JILL) Modified on 8/23/2011 (nd, ). (Entered: 08/22/2011)

1 Exhibit Exhibits 1-3 to Answer to Farleys' Counterclaim

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Aug. 22, 2011

Aug. 22, 2011

PACER
23

ANSWER to 15 Answer to Amended Complaint, Crossclaim, Counterclaim and Affirmative Defenses by COZEN O'CONNOR, P.C., Certificate of Service. (Attachments: # 1 Exhibit Exhibits 1-6 to Tobits' Counterclaim)(CAUGHIE, JILL) Modified on 8/23/2011 (nd, ). (Entered: 08/22/2011)

1 Exhibit Exhibits 1-6 to Tobits' Counterclaim

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Aug. 22, 2011

Aug. 22, 2011

PACER
24

Defendant Jennifer J. Tobits's ANSWER to 14 Answer to Amended Complaint, Crossclaim, Counterclaim,,, "Answer to Cross-Claim by Defendants David M. Farley and Joan F. Farley" by JENNIFER J. TOBITS, Certificate of Service. (WHELAN, AMY) Modified on 8/23/2011 (nd, ). (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
25

MOTION to Dismiss Cross-Claims of Jennifer J. Tobits filed by DAVID M. FARLEY, JOAN F. FARLEY., Certificate of Service. (WENGER, RANDALL) Modified on 8/23/2011 (nd, ). (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
26

Memorandum of Law in Support re 25 MOTION to Dismiss Cross-Claims of Jennifer J. Tobits filed by DAVID M. FARLEY, JOAN F. FARLEY, Certificate of Service. (WENGER, RANDALL) Modified on 8/23/2011 (nd, ). (Entered: 08/22/2011)

Aug. 22, 2011

Aug. 22, 2011

PACER
27

NOTICE by JENNIFER J. TOBITS of Federal Constitutional Question (WHELAN, AMY) (Entered: 08/23/2011)

Aug. 23, 2011

Aug. 23, 2011

PACER
28

NOTICE by JENNIFER J. TOBITS of State Constitutional Question (WHELAN, AMY) (Entered: 08/23/2011)

Aug. 23, 2011

Aug. 23, 2011

PACER
29

CERTIFICATE OF SERVICE by JENNIFER J. TOBITS re 15 Answer to Amended Complaint, Crossclaim, Counterclaim Pursuant to ERISA Section 502(h) (WHELAN, AMY) (Entered: 08/23/2011)

Aug. 23, 2011

Aug. 23, 2011

PACER
30

ORDER THAT A FED. R. CIV. P. 16 CONFERENCE SHALL BE HELD BY TELEPHONE ON 10/4/2011 AT 11:00 A.M. IT IS FURTHER ORDERED THAT PARTIES SHALL MAKE THE REQUIRED INITIAL DISCLOSURES PURSUANT TO F.R.C.P. 26(a) WITHIN 14 DAYS OF THE DATE OF THIS ORDER, ETC. SIGNED BY HONORABLE C. DARNELL JONES, II ON 8/23/11. 8/24/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 08/24/2011)

Aug. 24, 2011

Aug. 24, 2011

PACER
31

MOTION for Judgment on the Pleadings filed by COZEN O'CONNOR, P.C..Memorandum, Certificate of Service..(CAUGHIE, JILL) (Entered: 09/08/2011)

Sept. 8, 2011

Sept. 8, 2011

PACER
32

CERTIFICATE OF SERVICE by COZEN O'CONNOR, P.C. re 31 MOTION for Judgment on the Pleadings (CAUGHIE, JILL) (Entered: 09/08/2011)

Sept. 8, 2011

Sept. 8, 2011

PACER
33

MOTION for Judgment on the Pleadings and Opposition to the Farleys' Motion to Dismiss filed by JENNIFER J. TOBITS.Memorandum. (Attachments: # 1 Exhibit A-Part 1, # 2 Exhibit A-Part 2, # 3 Exhibit B)(WHELAN, AMY) Modified on 9/13/2011 (afm, ).(FILED IN ERROR BY ATTORNEY, REFILING CORRECT DOCUMENT) (Entered: 09/12/2011)

1 Exhibit A-Part 1

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2 Exhibit A-Part 2

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3 Exhibit B

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Sept. 12, 2011

Sept. 12, 2011

PACER
34

Proposed Pretrial Order Granting Jennifer Tobits's Motion for Judgment on the Pleadings and Denying the Farleys' Motion to Dismiss by JENNIFER J. TOBITS. (WHELAN, AMY) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

PACER
35

CERTIFICATE of Counsel Regarding Service of Jennifer Tobits's Motion for Judgment on the Pleadings and Opposition to the Farleys' Motion to Dismiss by AMY WHELAN on behalf of JENNIFER J. TOBITS(WHELAN, AMY) (Entered: 09/12/2011)

Sept. 12, 2011

Sept. 12, 2011

PACER
36

MOTION for Judgment on the Pleadings and Opposition to the Farleys' Motion to Dismiss filed by JENNIFER J. TOBITS.CORRECTED FILING. (Attachments: # 1 Exhibit A-Part 1, # 2 Exhibit A-Part 2, # 3 Exhibit B)(WHELAN, AMY) (Entered: 09/13/2011)

1 Exhibit A-Part 1

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2 Exhibit A-Part 2

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3 Exhibit B

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Sept. 13, 2011

Sept. 13, 2011

PACER
37

ORDER THAT APPLICATION OF PETER C. BREEN, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/13/11.9/14/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 09/14/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
38

ORDER THAT APPLICATION OF THOMAS BREJCHA, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/13/11.9/14/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 09/14/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
39

ORDER THAT APPLICATION OF JONATHAN W. MICHAEL, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/13/11.9/14/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 09/14/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
40

ORDER THAT APPLICATION OF AARON H. STANTON, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/13/11.9/14/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 09/14/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
41

ORDER THAT APPLICATION OF JULIE H. WILENSKY, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/13/11.9/14/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 09/14/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
42

ORDER THAT APPLICATION OF TERESA S. RENAKER, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/13/11.9/14/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 09/14/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
43

ORDER THAT THE F.R.C.P. 16 CONFERENCE SCHEDULED FOR 10/4/2011 IS POSTPONED PENDING RESOLUTION OF OUTSTANDING MOTIONS. THE COURT WILL HOLD ORAL ARGUMENT ON PENDING MOTIONS ON 11/8/2011 AT 3:30 P.M., ETC. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/13/11.9/14/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 09/14/2011)

Sept. 13, 2011

Sept. 13, 2011

PACER
44

RESPONSE in Opposition re 31 MOTION for Judgment on the Pleadings filed by JENNIFER J. TOBITS. (WHELAN, AMY) (Entered: 09/22/2011)

Sept. 22, 2011

Sept. 22, 2011

PACER
45

RESPONSE in Opposition re 31 MOTION for Judgment on the Pleadings filed by DAVID M. FARLEY, JOAN F. FARLEY, Certificate of Service. (BREEN, PETER) Modified on 9/26/2011 (nd, ). (Entered: 09/23/2011)

Sept. 23, 2011

Sept. 23, 2011

PACER
46

MOTION for Extension of Time to File Response/Reply filed by DAVID M. FARLEY, JOAN F. FARLEY.Certificate of Service.(BREEN, PETER) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

PACER
47

ORDER THAT DAVID & JOAN FARLEY'S UNOPPOSED MOTION FOR A BRIEF EXTENSION OF TIME TO RESPOND TO JENNIFER TOBITS' MOTION FOR JUDGMENT ON THE PLEADINGS, ETC. IS GRANTED. THE FARLEYS SHALL HAVE UNTIL 10/3/2011 TO RESPOND TO JENNIFER TOBITS' "MOTION FOR JUDGMENT ON THE PLEADINGS REGARDING THE FARLEYS' CROSS-CLAIM AND COUNTERCLAIM FOR RELIEF AND HER OPPOSITION TO THE FARLEYS' MOTION TO DISMISS." SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/27/11. 9/28/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 09/28/2011)

Sept. 28, 2011

Sept. 28, 2011

PACER
48

ORDER THAT THE COURT'S ORDER DATED SEPTEMBER 13, 2011, IS AMENDED TO REFLECT THAT ORAL ARGUMENT ON THE PENDING MOTIONS WILL BE HELD ON 12/12/2011 10:00 AM BEFORE HONORABLE C. DARNELL JONES II, ETC. SIGNED BY HONORABLE C. DARNELL JONES, II ON 9/28/2011. 9/29/2011 ENTERED MAILED TO COUNSEL AND COPIES E-MAILED.(lbs, ) (Entered: 09/29/2011)

Sept. 29, 2011

Sept. 29, 2011

PACER
49

RESPONSE in Opposition re 36 MOTION for Judgment on the Pleadings and Opposition to the Farleys' Motion to Dismiss, 33 MOTION for Judgment on the Pleadings and Opposition to the Farleys' Motion to Dismiss filed by DAVID M. FARLEY, JOAN F. FARLEY. (BREEN, PETER) (Entered: 10/04/2011)

Oct. 4, 2011

Oct. 4, 2011

PACER
50

APPLICATION FOR ADMISSION TO THE COURT PRO HAC VICE OF NINA WASOW ON BEHALF OF JENNIFER D. TOBITS. CERTIFICATE OF SERVICE, SPONSORS STATEMENT, PROPOSED ORDER. (FILING FEE PAID, $40, 051045) (kp, ) (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
51

MOTION for Leave to File REPLY to Response to Motion re 36 MOTION for Judgment on the Pleadings and Opposition to the Farleys' Motion to Dismiss and Memorandum / Motion for Permission to File Same filed by JENNIFER J. TOBITS. (WHELAN, AMY) Modified on 10/12/2011 (nd). (Entered: 10/11/2011)

Oct. 11, 2011

Oct. 11, 2011

PACER
52

ORDER THAT APPLICATION OF NINA WASOW, ESQ., TO PRACTICE IN THIS COURT PURSUANT TO L.R.C.P. 83.5.2(b) IS GRANTED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 10/12/11. 10/13/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 10/13/2011)

Oct. 12, 2011

Oct. 12, 2011

PACER
53

NOTICE by THE UNITED STATES OF AMERICA re 27 Notice (Other) Acknowledgement of Constitutional Challenge (LITTLETON, JUDSON) (Entered: 10/24/2011)

Oct. 24, 2011

Oct. 24, 2011

PACER
54

RESPONSE in Opposition re 51 MOTION for Leave to File filed by DAVID M. FARLEY, JOAN F. FARLEY, Certificate of service. (BREEN, PETER) Modified on 10/26/2011 (nd, ). (Entered: 10/25/2011)

Oct. 25, 2011

Oct. 25, 2011

PACER
55

ORDER THAT PARTIES SHALL SUBMIT SUPPLEMENTAL BRIEFING ON SUBJECTS AS DESCRIBED HEREIN, ETC. THE UNITED STATES MAY MOVE TO INTERVENE BY 12/30/2011, ETC. ORAL ARGUMENT ON PENDING MOTIONS IS RESCHEDULED FOR 3/12/2012 AT 2:30 P.M., ETC. SIGNED BY HONORABLE C. DARNELL JONES, II ON 10/27/11. 10/28/11 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 10/28/2011)

Oct. 27, 2011

Oct. 27, 2011

PACER
56

MOTION to Strike 54 Response in Opposition to Motion filed by JENNIFER J. TOBITS., Certificate of Service.(WHELAN, AMY) Modified on 10/31/2011 (nd, ). (Entered: 10/28/2011)

Oct. 28, 2011

Oct. 28, 2011

PACER
57

NOTICE by JENNIFER J. TOBITS "Request for Judicial Notice", Certificate of Service. (WHELAN, AMY) Modified on 10/31/2011 (nd, ). (Entered: 10/28/2011)

Oct. 28, 2011

Oct. 28, 2011

PACER
58

MOTION to Intervene filed by BIPARTISAN LEGAL ADVISORY GROUP.Certificate of Service. (Attachments: # 1 Answer to Cozen O'Connor's First Amended Complaint for Interpleader, # 2 Text of Proposed Order)(KIRCHER, KERRY) (Entered: 11/04/2011)

1 Answer to Cozen O'Connor's First Amended Complaint for Interpleader

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2 Text of Proposed Order

View on PACER

Nov. 4, 2011

Nov. 4, 2011

PACER
59

Memorandum in Support re 58 MOTION to Intervene filed by BIPARTISAN LEGAL ADVISORY GROUP, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(KIRCHER, KERRY) Modified on 11/7/2011 (nd, ). (Entered: 11/04/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

View on PACER

Nov. 4, 2011

Nov. 4, 2011

PACER
60

ORDER THAT CROSS CLAIMANT'S MOTION FOR LEAVE TO FILE A REPLY BRIEF IS HEREBY GRANTED; CROSS CLAIMANT'S MOTION TO STRIKE IS HEREBY DENIED...ETC. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/14/2011.11/14/2011 ENTERED AND COPIES E-MAILED.(kp, ) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
61

NOTICE by DAVID M. FARLEY, JOAN F. FARLEY re 57 Notice (Other) in Opposition (BREEN, PETER) (Entered: 11/14/2011)

Nov. 14, 2011

Nov. 14, 2011

PACER
62

NOTICE by JENNIFER J. TOBITS Second Request for Judicial Notice, Certificate of Service. (WHELAN, AMY) Modified on 11/21/2011 (nd, ). (Entered: 11/20/2011)

Nov. 20, 2011

Nov. 20, 2011

PACER
63

RESPONSE in Opposition re 58 MOTION to Intervene filed by JENNIFER J. TOBITS, Certificate of Service. (WHELAN, AMY) Modified on 11/21/2011 (nd, ). (Entered: 11/20/2011)

Nov. 20, 2011

Nov. 20, 2011

PACER
64

MOTION to Intervene As of Right filed by THE UNITED STATES OF AMERICA.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(LITTLETON, JUDSON) (Entered: 11/21/2011)

1 Text of Proposed Order

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Nov. 21, 2011

Nov. 21, 2011

PACER
65

RESPONSE to Motion re 58 MOTION to Intervene filed by THE UNITED STATES OF AMERICA. Certificate of Service.(LITTLETON, JUDSON) Modified on 11/22/2011 (ahf, ). (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
66

MOTION for Leave to File Reply Brief in Support of Motion for Leave to Intervene filed by BIPARTISAN LEGAL ADVISORY GROUP.Memorandum; Certificate of Counsel; Certificate of Service. (Attachments: # 1 Text of Proposed Order Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(KIRCHER, KERRY) (Entered: 11/28/2011)

1 Text of Proposed Order Exhibit A

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2 Exhibit B

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3 Exhibit C

View on PACER

Nov. 28, 2011

Nov. 28, 2011

PACER
67

ORDER THAT MOTION OF UNITED STATES TO INTERVENE AS OF RIGHT IS GRANTED. THE UNITED STATES MAY FILE A RESPONSE TO MOTION TO INTERVENE FILED BY THE BIPARTISAN LEGAL ADVISORY GROUP OF THE U.S. HOUSE OF REPRESENTATIVES NO LATER THAN 12/23/2011. FOR PLANNING PURPOSES, ORAL ARGUMENT ON THE BLAG'S MOTION TO INTERVENE IS SCHEDULED FOR 1/10/2012 AT 3:30 P.M., ETC. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/28/11. 11/30/11 ENTERED AND COPIES E-MAILED.(kw, ) (Entered: 11/30/2011)

Nov. 29, 2011

Nov. 29, 2011

PACER
68

ORDER THAT THE UNCONTESTED MOTION OF PROPOSED INTERVENOR FOR LEAVE TO FILE A REPLY BRIEF IS GRANTED; THE PROPOSED REPLY BRIEF ATTACHED AS EXHIBIT C TO THE MOTION IS DEEMED FILED AS OF THIS DATE. SIGNED BY HONORABLE C. DARNELL JONES, II ON 11/30/2011. 12/1/2011 ENTERED AND COPIES E-MAILED.(md) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
69

REPLY filed by BIPARTISAN LEGAL ADVISORY GROUP in Support of its 58 Motion to Intervene for a Limited Purpose, Certificate of Service. (md) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
70

NOTICE by COZEN O'CONNOR, P.C. re 55 Order, Set Deadlines, Set Motion and R&R Deadlines/Hearings,,, Cozen O'Connor, P.C.'s Supplemental Brief pursuant to Court's October 27, 2011 Order (CAUGHIE, JILL) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
71

NOTICE by BIPARTISAN LEGAL ADVISORY GROUP re 55 Order, Set Deadlines, Set Motion and R&R Deadlines/Hearings,,, Memorandum Regarding Constitutionality of DOMA Section 3 (Attachments: # 1 Exhibit A)(KIRCHER, KERRY) (Entered: 12/02/2011)

1 Exhibit A

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Dec. 2, 2011

Dec. 2, 2011

PACER
72

Memorandum of Law in Support of Farleys' Motion to Dismiss and in Opposition to Tobits' Motion for Judgment on the Pleadings re 36 MOTION for Judgment on the Pleadings and Opposition to the Farleys' Motion to Dismiss, 25 MOTION to Dismiss Cross-Claims of Jennifer J. Tobits Supplemental brief filed by DAVID M. FARLEY, JOAN F. FARLEY. (WENGER, RANDALL) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
73

Memorandum In Support re 36 MOTION for Judgment on the Pleadings and Opposition to the Farleys' Motion to Dismiss (Jennifer Tobits's Supplemental Brief Pursuant to the Court's October 27, 2011 Order) filed by JENNIFER J. TOBITS. (WHELAN, AMY) (Entered: 12/02/2011)

Dec. 2, 2011

Dec. 2, 2011

PACER
74

NOTICE by BIPARTISAN LEGAL ADVISORY GROUP (KIRCHER, KERRY) (Entered: 12/06/2011)

Dec. 6, 2011

Dec. 6, 2011

PACER
75

MOTION FOR LEAVE TO FILE AMICUS BRIEF OF GAGE RALEY AND MEMORANDUM IN SUPPORT, CERTIFICATE OF SERVICE, FILED BY GAGE RALEY. (AMICUS CURIAE BRIEF ATTACHED)(kw, ) (Entered: 12/09/2011)

1 Amicus Curiae Brief

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Dec. 9, 2011

Dec. 9, 2011

PACER
76

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF AND MEMORANDUM IN SUPPORT, CERTIFICATE OF SERVICE, FILED BY CONCERNED WOMEN OF AMERICA. (AMICUS CURIAE BRIEF ATTACHED)(kw, ) (Entered: 12/09/2011)

1 Amicus Curiae Brief

View on PACER

Dec. 9, 2011

Dec. 9, 2011

PACER
77

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF AND MEMORANDUM IN SUPPORT, CERTIFICATE OF SERVICE, FILED BY FREDERICK DOUGLASS FOUNDATION. (AMICUS CURIAE BRIEF ATTACHED)(kw, ) (Entered: 12/09/2011)

1 Amicus Curiae Brief

View on PACER

Dec. 9, 2011

Dec. 9, 2011

PACER
78

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF AND MEMORANDUM IN SUPPORT, CERTIFICATE OF SERVICE, FILED BY PARENTS AND FRIENDS OF EX-GAYS & GAYS (PFOX).(AMICUS CURIAE BRIEF ATTACHED)(kw, ) (Entered: 12/09/2011)

1 Amicus Curiae Brief

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Dec. 9, 2011

Dec. 9, 2011

PACER
80

MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF AND MEMORANDUM IN SUPPORT, CERTIFICATE OF SERVICE, FILED BY ROBERT P. GEORGE, SHERIF GIRGIS, RYAN T. ANDERSON.(AMICUS CURIAE BRIEF ATTACHED)(kw, ) (Entered: 12/13/2011)

1 Amici Curiae Brief

View on PACER

Dec. 9, 2011

Dec. 9, 2011

PACER
79

MOTION for Leave to Appear As Amici filed by EQUALITY FORUM, THE HUMAN RIGHTS CAMPAIGN.Memorandum. (Attachments: # 1 Exhibit CV of Susan Katz Hoffman, # 2 Exhibit Proposed brief of amici, # 3 Text of Proposed Order)(ROPER, MARY) (Entered: 12/12/2011)

1 Exhibit CV of Susan Katz Hoffman

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2 Exhibit Proposed brief of amici

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3 Text of Proposed Order

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Dec. 12, 2011

Dec. 12, 2011

PACER
81

BRIEF in Opposition re 80 MOTION for Leave to File, 76 MOTION for Leave to File, 78 MOTION for Leave to File, 77 MOTION for Leave to File, 79 MOTION for Leave to Appear As Amici, 75 MOTION for Leave to File Cozen O'Connor's Omnibus Opposition to Motions for Leave to File an Amicus Curiae Brief filed by COZEN O'CONNOR, P.C., Certificate of service. (CAUGHIE, JILL) Modified on 12/16/2011 (nd, ). (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
82

ORDER THAT MOTION TO INTERVENE (DOC. #58) IS GRANTED. MOTIONS FOR LEAVE TO FILE AMICUS BRIEF (DOC. NOS. 75, 76, 77, 78, 79 & 80) ARE GRANTED. THE CLERK OF COURT SHALL APPROPRIATELY DOCKET THE PROPOSED AMICUS BRIEFS. MOTION FOR LEAVE TO FILE A REPLY BRIEF IS GRANTED & THE MOTION TO STRIKE IS DENIED, ETC. ORAL ARGUMENT ON MOTION TO INTERVENE SCHEDULED FOR 1/10/2012 IS CANCELED. SIGNED BY HONORABLE C. DARNELL JONES, II ON 12/15/11.12/16/11 ENTERED AND COPIES MAILED AND E-MAILED.(kw, ) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
83

Brief of amici curiae, Certificate of Compliance, Certificate of Service, filed by RYAN T. ANDERSON, ROBERT P. GEORGE, SHERIF GIRGIS. (kw, ) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
84

Amicus Brief of amicus curiae, Certificate of Compliance, Certificate of Service, filed by GAGE RALEY. (kw, ) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
85

Amicus curiae Brief, Certificate of Compliance, Certificate of Service, filed by CONCERNED WOMEN FOR AMERICA. (kw, ) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
86

Amicus Curiae Brief, Certificate of Compliance, Certificate of Service, filed by FREDERICK DOUGLASS FOUNDATION. (kw, ) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
87

Brief of amicus curiae, Certificate of Compliance, Certificate of Service, filed by PARENTS AND FRIENDS OF EX-GAYS & GAYS (PFOX). (kw, ) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
88

Amicus Curiae Brief of HUMAN RIGHTS CAMPAIGN AND EQUALITY FORUM. (kw, ) (Entered: 12/19/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
89

NOTICE by BIPARTISAN LEGAL ADVISORY GROUP re 55 Order, Set Deadlines, Set Motion and R&R Deadlines/Hearings,,, Response Memorandum of Intervenor the Bipartisan Legal Advisory Group of the U.S. House of Representatives Regarding the Constitutionality of DOMA Section 3 (KIRCHER, KERRY) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
90

NOTICE by COZEN O'CONNOR, P.C. re 88 Memorandum, 73 Memorandum, 55 Order, Set Deadlines, Set Motion and R&R Deadlines/Hearings,,, Cozen O'Connor's Response Brief in Opposition to Jennifer Tobits's Supplemental Brief Pursuant to the Court's October 27, 2011 Order and the Amici Curiae Brief of the Human Rights Campaign and the Equality Forum (CAUGHIE, JILL) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
91

Memorandum of Law In Support of Motion to Strike Documents Referenced by BLAG and the Farleys 72 Memorandum, 71 Notice (Other) filed by JENNIFER J. TOBITS. (WHELAN, AMY) Modified on 12/22/2011 (nd). (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
92

RESPONSE in Support re 36 MOTION for Judgment on the Pleadings and Opposition to the Farleys' Motion to Dismiss (Response to Cozen's, the Farleys' and BLAG's Briefs in Response to 10/27/11 Order) filed by JENNIFER J. TOBITS. (WHELAN, AMY) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
93

RESPONSE to Motion re 36 MOTION for Judgment on the Pleadings and Opposition to the Farleys' Motion to Dismiss, 25 MOTION to Dismiss Cross-Claims of Jennifer J. Tobits, 33 MOTION for Judgment on the Pleadings and Opposition to the Farleys' Motion to Dismiss Response Br. pursuant to 10/27/11 Order filed by DAVID M. FARLEY, JOAN F. FARLEY. (WENGER, RANDALL) (Entered: 12/21/2011)

Dec. 21, 2011

Dec. 21, 2011

PACER
94

Letter to Attorney Nathan Daniel Fox re: L.R. 83.5 and 83.5.2. (pod, ) **(NOTICE SENT IN ERROR)** Modified on 12/23/2011 (lisad, ). (Entered: 12/23/2011)

Dec. 23, 2011

Dec. 23, 2011

PACER
95

Letter to Attorney William A. Bonner re: L.R. 83.5 and 83.5.2. (pod, ) **(NOTICE SENT IN ERROR)** Modified on 12/23/2011 (lisad, ). (Entered: 12/23/2011)

Dec. 23, 2011

Dec. 23, 2011

PACER
96

NOTICE by FREDERICK DOUGLASS FOUNDATION Errata (Attachments: # 1 Errata Corrected Brief)(PROCTOR, CHARLES) (Entered: 12/27/2011)

1 Errata Corrected Brief

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Dec. 27, 2011

Dec. 27, 2011

PACER

Case Details

State / Territory: Pennsylvania

Case Type(s):

Equal Employment

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 4, 2011

Closing Date: Sept. 23, 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The employer of a deceased woman, seeking judicial guidance on whether her death benefit should be paid to her wife or her parents.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Lesbian Rights (NCLR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jennifer Tobits, Private Entity/Person

David M. Farley, Private Entity/Person

Joan F. Farley, Private Entity/Person

Case Details

Causes of Action:

Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1001

State law

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Issues

General:

Marriage

Discrimination-area:

Pay / Benefits

Discrimination-basis:

Sexual orientatation