Case: Harris v. McDonnell

5:13-cv-00077 | U.S. District Court for the Western District of Virginia

Filed Date: Aug. 1, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On August 1, 2013, two same-sex couples filed this suit in the U.S. District Court for the Western District of Virginia against the state of Virginia, under 42 U.S. § 1983 and the Declaratory Judgment Act. The plaintiffs, represented by the national ACLU, the ACLU of Virginia, Lambda Legal and private counsel, asked the court for both declaratory and injunctive relief, alleging that the state's refusal to allow same-sex couples to marry or to recognize same-sex couples married in other states v…

On August 1, 2013, two same-sex couples filed this suit in the U.S. District Court for the Western District of Virginia against the state of Virginia, under 42 U.S. § 1983 and the Declaratory Judgment Act. The plaintiffs, represented by the national ACLU, the ACLU of Virginia, Lambda Legal and private counsel, asked the court for both declaratory and injunctive relief, alleging that the state's refusal to allow same-sex couples to marry or to recognize same-sex couples married in other states violated the Due Process and Equal Protection clauses of the Fourteenth Amendment. The suit was filed just over a month after the Supreme Court's decision in Perry v. Hollingsworth.

On August 16, 2013, the plaintiffs moved for class certification of same-sex couples under F.R.C.P. 23(b)(2). On the same day, the Robert McDonnell, the Governor of Virginia, moved to dismiss the case on grounds of sovereign immunity. On August 30, 2013, defendant Thomas Roberts moved to dismiss the case for failure to state a claim on which relief can be granted. The court (Judge Michael F. Urbanski) held a motion hearing on October 29, 2013 on these matters.

The plaintiffs filed a motion for summary judgment on September 30, 2013. On October 3, 2013 the State defendants filed a motion to stay the proceedings until an earlier case involving the same issues, Bostic v. Rainey, resolved cross-motions for summary judgment. In an opinion dated October 18, 2013, Judge Urbanski denied defendants' motion to stay the proceedings, but allowed the defendants additional time to file their summary judgment response; defendants filed that response on November 7, 2013.

On December 23, 2013, Judge Urbanski granted the motion to dismiss Governor McDonnell on sovereign immunity grounds, but denied Defendant Thomas Roberts's motion to dismiss. 988 F.Supp.2d 603 (W.D. Va. 2013). The case moved forward as Harris v. Rainey after the dismissal of Governor McDonnell.

On Jan. 31, 2014, Judge Urbanski certified this suit as a class action, with two classes: (1) all same-sex couples in Virginia who have not married in another jurisdiction, and (2) all same-sex couples in Virginia who have married in another jurisdiction.

While this case proceeded towards its own resolution, on February 13, 2014, in the Bostic case, the District Court (Judge Arenda L. Wright Allen) granted summary judgment and a preliminary injunction for the plaintiff, and entered an order enjoining Virginia from continuing to enforce the marriage ban. In addition, defendant M. Rainey, the State Registrar of Vital Records, shifted position in this case (as in Bostic). She had originally argued that Virginia's same-sex marriage ban was constitutional. But in January Virginia's Attorney General decided not to defend the ban. The other defendant here, the Clerk of the Staunton Circuit Court, likewise changed his position, which had been in support of the laws--he then declined to take a position on their constitutionality.

The Bostic case proceeded towards resolution in the appellate court, on an expedited briefing schedule. On March 10, 2014, the Fourth Circuit allowed these plaintiffs to intervene on the side of the plaintiffs-appellees and file their own briefs in Bostic, set to be heard in May 2014. Accordingly, in this case, Judge Urbanski ruled on March 31, 2014 to stay the proceedings pending the Fourth Circuit's decision in Bostic.

On July 28, 2014 the Fourth Circuit affirmed the district court's ruling in Bostic, agreeing with the district court that the same-sex marriage ban violated the Constitution. The majority opinion, by Judge Henry Floyd, found that the ban impermissibly infringed upon Virginians' fundamental right to marry. A dissent by Judge Paul Niemeyer said that the state had a right to define marriage as relationships between one man and one woman. 760 F.3d 352.

The Supreme Court granted a stay to the Fourth Circuit's Bostic mandate on August 20, 2014, pending their decision on the defendants' petition for a writ of certiorari. However, the Supreme Court later denied writ on October 4, 2014. Same sex couples were then allowed to wed in Virginia.

On October 16, 2014, the plaintiffs moved for to lift the stay in this case and enter judgment in favor of the plaintiffs on their motion for summary judgment in light of the final decision in Bostic. On October 29, 2014, the defendants filed motions to dismiss on the grounds that Bostic rendered the case moot, opposing the entry of any judgment in this case and arguing that the class is not a prevailing party.

Though the parties had disagreements about attorneys' fees and whether the plaintiffs should be seen as a prevailing party for purposes of recovering fees and costs under 42 U.S.C. 1988, the parties decided against litigating the issues, and agreed to resolve any remaining claims and differences through a consent order submitted to Judge Arenda L. Wright Allen in Bostic. Judge Wright Allen entered the consent order on February 13, 2015. The consent order granted the Harris class the benefit of the declaratory and injunctive relief entered in Bostic, and provided for $60,000 in attorneys' fees and costs to the Harris class.

On February 18, 2015, Judge Urbanski dismissed the case with prejudice following the parties stipulation of dismissal in accordance with the Bostic consent order.

Summary Authors

Jonathan Forman (8/3/2013)

Carlyn Williams (11/18/2013)

Related Cases

Bostic v. McDonnell, Eastern District of Virginia (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5083861/parties/harris-v-rainey/


Judge(s)

Urbanski, Michael Francis (Virginia)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Borelli, Tara Lynn (California)

Esseks, James Dixon (New York)

Gaber, Mark P. (District of Columbia)

Glenberg, Rebecca (Virginia)

Goad, Amanda C. (New York)

Nevins, Gregory R. (Georgia)

Platzer, Luke C. (District of Columbia)

Smith, Paul M. (District of Columbia)

Judge(s)

Urbanski, Michael Francis (Virginia)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Borelli, Tara Lynn (California)

Esseks, James Dixon (New York)

Gaber, Mark P. (District of Columbia)

Glenberg, Rebecca (Virginia)

Goad, Amanda C. (New York)

Nevins, Gregory R. (Georgia)

Platzer, Luke C. (District of Columbia)

Smith, Paul M. (District of Columbia)

Attorneys(s) for Defendant

Cox, Trevor Stephen (Virginia)

Herring, Mark R. (Virginia)

Raphael, Stuart Alan (Virginia)

Tysinger, Allyson (Virginia)

Documents in the Clearinghouse

Document

Docket [PACER]

Feb. 18, 2015 Docket
1

Class Action Complaint for Declaratory and Injunctive Relief

Aug. 1, 2013 Complaint
95

Order

Dec. 23, 2013 Order/Opinion
115

Memorandum Opinion

Harris v. Rainey

Jan. 31, 2014 Order/Opinion
137

Memorandum Opinion [Stay]

Harris v. Rainey

U.S. District Court for the Eastern District of Virginia

2014 WL 1292803

March 31, 2014 Order/Opinion
149

Consent Motion to Suspend Briefing and Oral Argument in Contemplation of Stipulation of Dismissal

Harris v. Rainey

Nov. 14, 2014 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5083861/harris-v-rainey/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT for Declaratory and Injunctive Relief against Robert F. McDonnell, Janet M. Rainey, Thomas E. Roberts (Filing & Administrative fee $ 400; Rec # 0423-1827759), filed by Joanne Harris, Jessica Duff, Victoria Kidd, Christy Berghoff. 100 Day Notice due by 11/12/2013 120 Day Service due by 11/29/2013 (Attachments: # 1 Civil Cover Sheet)(mab) Modified on 8/5/2013-receipt# added (mab).

1 Civil Cover Sheet

View on PACER

Aug. 1, 2013 PACER
2

Summons Issued as to Robert F. McDonnell, Janet M. Rainey, Thomas E. Roberts.(mab)

Aug. 1, 2013 PACER
3

MOTION to Appear Pro Hac Vice for attorney Joshua Block by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Attachments: # 1 Text of Proposed Order)(Glenberg, Rebecca)

1 Text of Proposed Order

View on PACER

Aug. 1, 2013 PACER
4

MOTION to Appear Pro Hac Vice for attorney Tara Borelli by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Attachments: # 1 Text of Proposed Order)(Glenberg, Rebecca)

1 Text of Proposed Order

View on PACER

Aug. 1, 2013 PACER
5

MOTION to Appear Pro Hac Vice for attorney James Esseks by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Attachments: # 1 Text of Proposed Order)(Glenberg, Rebecca)

1 Text of Proposed Order

View on PACER

Aug. 1, 2013 PACER
6

MOTION to Appear Pro Hac Vice for attorney Mark Gaber by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Attachments: # 1 Text of Proposed Order)(Glenberg, Rebecca)

1 Text of Proposed Order

View on PACER

Aug. 1, 2013 PACER
7

MOTION to Appear Pro Hac Vice for attorney Amanda Goad by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Attachments: # 1 Text of Proposed Order)(Glenberg, Rebecca)

1 Text of Proposed Order

View on PACER

Aug. 1, 2013 PACER
8

MOTION to Appear Pro Hac Vice for attorney Greg Nevins by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Attachments: # 1 Text of Proposed Order)(Glenberg, Rebecca)

1 Text of Proposed Order

View on PACER

Aug. 1, 2013 PACER
9

MOTION to Appear Pro Hac Vice for attorney Luke Platzer by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Attachments: # 1 Text of Proposed Order)(Glenberg, Rebecca)

1 Text of Proposed Order

View on PACER

Aug. 1, 2013 PACER
10

MOTION to Appear Pro Hac Vice for attorney Paul Smith by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Attachments: # 1 Text of Proposed Order)(Glenberg, Rebecca)

1 Text of Proposed Order

View on PACER

Aug. 1, 2013 PACER
11

ORAL ORDER REFERRING CASE to Magistrate Judge Robert S. Ballou. Motions referred to Robert S. Ballou. Entered by District Judge Michael F. Urbanski on 8/2/2013. (jat)

Aug. 2, 2013 PACER
12

ORDER granting 10 MOTION for Paul M. Smith to Appear Pro Hac Vice. Signed by Magistrate Judge Robert S. Ballou on 8/2/2013. (jat)

Aug. 2, 2013 PACER
13

ORDER granting 3 MOTION for Joshua Block to Appear Pro Hac Vice. Signed by Magistrate Judge Robert S. Ballou on 8/2/2013. (jat)

Aug. 2, 2013 PACER
14

ORDER granting 4 MOTION for Tara L. Borelli to Appear Pro Hac Vice. Signed by Magistrate Judge Robert S. Ballou on 8/2/2013. (jat)

Aug. 2, 2013 PACER
15

ORDER granting 5 MOTION for James Esseks to Appear Pro Hac Vice. Signed by Magistrate Judge Robert S. Ballou on 8/2/2013. (jat)

Aug. 2, 2013 PACER
16

ORDER granting 6 MOTION for Mark P. Gaber to Appear Pro Hac Vice. Signed by Magistrate Judge Robert S. Ballou on 8/2/2013. (jat)

Aug. 2, 2013 PACER
17

ORDER granting 7 MOTION for Amanda Goad to Appear Pro Hac Vice. Signed by Magistrate Judge Robert S. Ballou on 8/2/2013. (jat)

Aug. 2, 2013 PACER
18

ORDER granting 8 MOTION for Gregory R. Nevins to Appear Pro Hac Vice. Signed by Magistrate Judge Robert S. Ballou on 8/2/2013. (jat)

Aug. 2, 2013 PACER
19

ORDER granting 9 MOTION for Luke C. Platzer to Appear Pro Hac Vice. Signed by Magistrate Judge Robert S. Ballou on 8/2/2013. (jat)

Aug. 2, 2013 PACER
20

AFFIDAVIT of Service for Summons and Complaint served on Robert F. McDonnell on August 6, 2013, filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd.(Glenberg, Rebecca)

Aug. 7, 2013 PACER
21

AFFIDAVIT of Service for Summons and Complaint served on Janet M. Raney on August 6, 2013, filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd.(Glenberg, Rebecca)

Aug. 7, 2013 PACER
22

SUMMONS Returned Executed by Joanne Harris, Jessica Duff, Victoria Kidd, Christy Berghoff. Thomas E. Roberts served on 8/13/2013, answer due 9/3/2013.(Glenberg, Rebecca)

Aug. 16, 2013 PACER
23

ANSWER to 1 Complaint, by Janet M. Rainey.(Getchell, Earle)

Aug. 16, 2013 PACER
24

MOTION to Dismiss on Sovereign Immunity Grounds by Robert F. McDonnell. (Getchell, Earle)

Aug. 16, 2013 PACER
25

Brief / Memorandum in Support re 24 MOTION to Dismiss on Sovereign Immunity Grounds . filed by Robert F. McDonnell. (Getchell, Earle)

Aug. 16, 2013 PACER
26

MOTION to Certify Class by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Aug. 16, 2013 PACER
27

Brief / Memorandum in Support re 26 MOTION to Certify Class . filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Attachments: # 1 Exhibit 1-Harris Declaration, # 2 Exhibit 2-Duff Declaration, # 3 Exhibit 3-Berghoff Declaration, # 4 Exhibit 4-Kidd Declaration, # 5 Exhibit 5-Nevins Declaration, # 6 Exhibit 6-Esseks Declaration, # 7 Exhibit 7-Smith Declaration)(Glenberg, Rebecca)

1 Exhibit 1-Harris Declaration

View on PACER

2 Exhibit 2-Duff Declaration

View on PACER

3 Exhibit 3-Berghoff Declaration

View on PACER

4 Exhibit 4-Kidd Declaration

View on PACER

5 Exhibit 5-Nevins Declaration

View on PACER

6 Exhibit 6-Esseks Declaration

View on PACER

7 Exhibit 7-Smith Declaration

View on PACER

Aug. 16, 2013 PACER
28

Brief / Memorandum in Opposition re 24 MOTION to Dismiss on Sovereign Immunity Grounds . filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Aug. 28, 2013 PACER
29

NOTICE of Appearance by Rosalie Pemberton Fessier on behalf of Thomas E. Roberts (Fessier, Rosalie)

Aug. 28, 2013 PACER
30

Brief / Memorandum in Opposition re 26 MOTION to Certify Class, 27 Brief / Memorandum in Support, . filed by Robert F. McDonnell, Janet M. Rainey. (Attachments: # 1 Exhibit)(Getchell, Earle)

1 Exhibit

View on PACER

Aug. 30, 2013 PACER
31

REPLY to Response to Motion re 24 MOTION to Dismiss on Sovereign Immunity Grounds . filed by Robert F. McDonnell. (Getchell, Earle)

Aug. 30, 2013 PACER
32

MOTION to Dismiss by Thomas E. Roberts. (Fessier, Rosalie)

Aug. 30, 2013 PACER
33

Brief / Memorandum in Support re 32 MOTION to Dismiss . filed by Thomas E. Roberts. (Attachments: # 1 Exhibit A - Affidavit of Laura Moran)(Fessier, Rosalie)

1 Exhibit A - Affidavit of Laura Moran

View on PACER

Aug. 30, 2013 PACER
34

Magistrate Consent Notice to Parties. (jat)

Sept. 3, 2013 PACER
35

Scheduling Letter to counsel. (jat)

Sept. 3, 2013 PACER
36

RESPONSE in Opposition re 26 MOTION to Certify Class . filed by Thomas E. Roberts. (Fessier, Rosalie)

Sept. 3, 2013 PACER
37

NOTICE of Appearance by Charles Barnet Lustig on behalf of timothy bostic (Lustig, Charles)

Sept. 3, 2013 PACER
38

NOTICE by timothy bostic re 26 MOTION to Certify Class Requesting that Proposed Class Definition be Amended to Exclude Four Individuals (Lustig, Charles)

Sept. 3, 2013 RECAP
39

REPLY to Response to Motion re 26 MOTION to Certify Class . filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Sept. 9, 2013 PACER
40

Response re 38 Notice (Other) Re: Bostic Plaintiffs' Request To Be Excluded From Certified Class. filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Sept. 9, 2013 PACER
41

NOTICE of Hearing on Motion 26 MOTION to Certify Class, 32 MOTION to Dismiss, 24 MOTION to Dismiss on Sovereign Immunity Grounds : Motion Hearing set for Tuesday 10/29/2013 10:00 AM in Harrisonburg before District Judge Michael F. Urbanski. (sd)

Sept. 11, 2013 PACER
42

RESPONSE in Opposition re 32 MOTION to Dismiss . filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Attachments: # 1 Exhibit Duff Declaration, # 2 Exhibit Harris Declaration)(Glenberg, Rebecca)

1 Exhibit Duff Declaration

View on PACER

2 Exhibit Harris Declaration

View on PACER

Sept. 11, 2013 PACER
43

SCHEDULING ORDER: Bench Trial set for 6/2/2014 - 6/13/2014 09:30 AM in Harrisonburg before District Judge Michael F. Urbanski. Signed by District Judge Michael F. Urbanski on 9/17/2013. (jat)

Sept. 17, 2013 PACER
44

MOTION for Summary Judgment by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Sept. 30, 2013 PACER
45

AFFIDAVIT in Support re 44 MOTION for Summary Judgment Graber Declaration. filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Sept. 30, 2013 PACER
46

AFFIDAVIT in Support re 44 MOTION for Summary Judgment Harris Declaration. filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Sept. 30, 2013 PACER
47

AFFIDAVIT in Support re 44 MOTION for Summary Judgment Duff Declaration. filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Sept. 30, 2013 PACER
48

AFFIDAVIT in Support re 44 MOTION for Summary Judgment Kidd Declaration. filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Sept. 30, 2013 PACER
49

AFFIDAVIT in Support re 44 MOTION for Summary Judgment Berghoff Declaration. filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Sept. 30, 2013 PACER
50

MOTION for Leave to File Brief in Excess of 25 Pages by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Proposed Brief)(Glenberg, Rebecca)

1 Text of Proposed Order

View on PACER

2 Exhibit Proposed Brief

View on PACER

Sept. 30, 2013 PACER
51

CERTIFICATE OF SERVICE by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd re 50 MOTION for Leave to File Brief in Excess of 25 Pages, 44 MOTION for Summary Judgment, 46 Affidavit in Support of Motion, 48 Affidavit in Support of Motion, 49 Affidavit in Support of Motion, 47 Affidavit in Support of Motion, 45 Affidavit in Support of Motion (amended) (Glenberg, Rebecca)

Oct. 1, 2013 PACER
52

ORDER granting 50 Motion for Leave to File Brief in Excess of 25 Pages. Signed by District Judge Michael F. Urbanski on 10/2/2013. (jat)

Oct. 2, 2013 PACER
53

MOTION to Stay re 44 MOTION for Summary Judgment by Robert F. McDonnell, Janet M. Rainey.Motions referred to Judge Robert S. Ballou. (Getchell, Earle)

Oct. 3, 2013 PACER
54

Brief/Memorandum in Support of Motion to Suspend Scheduling Order, to Stay Briefing or in the alternative to Establish a Briefing Schedule. filed by Robert F. McDonnell, Janet M. Rainey. (Attachments: # 1 Attachment 1, # 2 Attachment 2)(Getchell, Earle)

1 Attachment 1

View on PACER

2 Attachment 2

View on PACER

Oct. 3, 2013 PACER
55

RESPONSE in Opposition re 53 MOTION to Stay re 44 MOTION for Summary Judgment . filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Attachments: # 1 Exhibit A - Bostic Summary Judgment Brief)(Glenberg, Rebecca)

1 Exhibit A - Bostic Summary Judgment Brief

View on PACER

Oct. 4, 2013 PACER
56

REPORT of Rule 26(f) Planning Meeting (Getchell, Earle)

Oct. 4, 2013 PACER
57

NOTICE of Hearing by Attorney for Robert F. McDonnell, Janet M. Rainey re 53 MOTION to Stay re 44 MOTION for Summary Judgment, 54 Brief/Memorandum, 41 Notice of Hearing on Motion, Motion to be held on 10/29/2013, at 10:00 a.m., at U.S. District Court, Harrisonburg, before Judge Urbanski. Confirmed with U.S. Clerk's Office. (Getchell, Earle)

Oct. 4, 2013 PACER
58

Objections by Plaintiffs Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd re 57 Notice of Hearing by Attorney, (Glenberg, Rebecca)

Oct. 4, 2013 PACER
59

Response re 58 Objections . filed by Robert F. McDonnell, Janet M. Rainey. (Getchell, Earle)

Oct. 7, 2013 PACER
60

Minute Entry for proceedings held before District Judge Michael F. Urbanski: Motion Hearing held on 10/8/2013 re 53 MOTION to Stay re 44 MOTION for Summary Judgment filed by Janet M. Rainey, Robert F. McDonnell. Order to follow. (Court Reporter Sonia Ferris.) (jat) (Entered: 10/09/2013)

Oct. 8, 2013 PACER
62

Brief in Support re 44 MOTION for Summary Judgment filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (ORDER entered on 10/2/2013 granting 50 Motion for Leave to File Brief in Excess of 25 Pages.) (jat)

Oct. 10, 2013 PACER
64

NOTICE by Robert F. McDonnell, Janet M. Rainey re 43 Scheduling Order Rule 26(a) Initial Disclosures (Getchell, Earle)

Oct. 17, 2013 PACER
65

DISCOVERY LETTER re: Certificate Regarding Discovery - Initial Disclosures by Thomas E. Roberts.(Fessier, Rosalie)

Oct. 17, 2013 PACER
66

Notice of Correction re 64 Notice (Other) - Deleted Rule 26(a)(3) Pretrial Disclosures 63 which was a Rule 26(a)(1) Initial Disclosure. Discovery does not get filed. (jat)

Oct. 18, 2013 PACER
67

MEMORANDUM OPINION. Signed by District Judge Michael F. Urbanski on 10/18/2013. (mab)

Oct. 18, 2013 RECAP
68

ORDER granting in part and denying in part 53 Motion to Stay. Signed by District Judge Michael F. Urbanski on 10/18/2013. (mab)

Oct. 18, 2013 RECAP
69

MOTION for Leave to File Excess Pages by Robert F. McDonnell, Janet M. Rainey.Motions referred to Judge Robert S. Ballou. (Getchell, Earle)

Oct. 18, 2013 PACER
70

ORDER granting 69 Motion for Leave to File Excess Pages. Signed by Magistrate Judge Robert S. Ballou on 10/22/2013. (jat)

Oct. 22, 2013 PACER
71

NOTICE of Hearing by Attorney for Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd re 44 MOTION for Summary Judgment Motion for Summary Judgement to be held on January 3rd, 2014, at 1:00pm, at U.S. District Court, 210 Franklin Road, Roanoke, Virginia, 24011, before Judge Urbanski. Confirmed with U.S. Clerk's Office. (Glenberg, Rebecca)

Oct. 22, 2013 PACER
72

NOTICE of Appearance by Norman Allan Thomas on behalf of Robert F. McDonnell, Janet M. Rainey (Thomas, Norman)

Oct. 23, 2013 PACER
73

Brief / Memorandum in Opposition re 44 MOTION for Summary Judgment . filed by Robert F. McDonnell, Janet M. Rainey. (Attachments: # 1 Attachment 1)(Getchell, Earle)

1 Attachment 1

View on PACER

Oct. 24, 2013 PACER
74

RESPONSE in Opposition re 44 MOTION for Summary Judgment . filed by Thomas E. Roberts. (Fessier, Rosalie)

Oct. 24, 2013 PACER
75

Minute Entry for proceedings held before District Judge Michael F. Urbanski: Motion Hearing held on 10/29/2013 re 26 MOTION to Certify Class filed by Victoria Kidd, Joanne Harris, Jessica Duff, Christy Berghoff, 32 MOTION to Dismiss filed by Thomas E. Roberts, 24 MOTION to Dismiss on Sovereign Immunity Grounds filed by Robert F. McDonnell. Court will render an opinion. (Court Reporter Sonia Ferris.) (jat) (Additional attachment(s) added on 10/29/2013: # 1 Main Document) (jat).

Oct. 29, 2013 PACER
76

Notice of Correction re 75 Motion Hearing. Corrected minute sheet to correct a misspelled word. (jat)

Oct. 29, 2013 PACER
77

Notice of Cancellation of Motion for Summary Judgment Hearing set for January 3rd, 2014, at 1:00pm, at U.S. District Court, 210 Franklin Road, Roanoke, Virginia, 24011, before Judge Urbanski. (No Interpreter requested) (jat)

Oct. 29, 2013 PACER
79

MOTION to Amend/Correct Amend Class Definition by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd.Motions referred to Judge Robert S. Ballou. (Glenberg, Rebecca)

Oct. 30, 2013 PACER
80

Brief / Memorandum in Support re 79 MOTION to Amend/Correct Amend Class Definition . filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Oct. 30, 2013 PACER
81

NOTICE of Change of Address by Tara Lynn Borelli (Borelli, Tara)

Nov. 4, 2013 PACER
82

MOTION for Leave to File Excess Pages Summary Judgement Reply Brief by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Text of Proposed Order)(Glenberg, Rebecca)

1 Text of Proposed Order

View on PACER

Nov. 4, 2013 PACER
83

RESPONSE in Opposition re 79 MOTION to Amend/Correct Amend Class Definition . filed by Robert F. McDonnell, Janet M. Rainey. (Getchell, Earle)

Nov. 5, 2013 PACER
84

ORDER granting 82 Motion for Leave to File Brief in Excess Pages. Signed by Magistrate Judge Robert S. Ballou on 11/5/13. (kld)

Nov. 5, 2013 PACER
85

TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd for proceedings held on 10/29/2013 reported by Court Reporter Sonia Ferris before Judge Urbanski. Following Transcript due date is an estimated deadline pending deposit, if required by Court Reporter: Transcript due by 11/14/2013. (Glenberg, Rebecca)

Nov. 7, 2013 PACER
86

REPLY to Response to Motion re 44 MOTION for Summary Judgment . filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Nov. 7, 2013 PACER
87

TRANSCRIPT of Proceedings: Motion Hearing held on 10/29/2013 before Judge Michael F. Urbanski. Court Reporter/Transcriber Sonia Ferris, Telephone number SoniaF@vawd.uscourts.gov 540.434.3181 Ext. 8510. NOTICE RE REDACTION OF TRANCRIPTS:The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov 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 12/3/2013. Redacted Transcript Deadline set for 12/13/2013. Release of Transcript Restriction set for 2/10/2014. (sf)

Nov. 12, 2013 PACER
88

REPLY to Response to Motion re 79 MOTION to Amend/Correct Amend Class Definition . filed by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd. (Glenberg, Rebecca)

Nov. 12, 2013 PACER
89

NOTICE by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd re 44 MOTION for Summary Judgment Notice of Supplemental Authority (Attachments: # 1 Exhibit Whitewood opinion)(Glenberg, Rebecca)

1 Exhibit Whitewood opinion

View on PACER

Nov. 19, 2013 PACER
90

DISCOVERY LETTER re: Rule 26(a)(2) Disclosures by Thomas E. Roberts.(Fessier, Rosalie)

Dec. 16, 2013 PACER
91

NOTICE by Robert F. McDonnell, Janet M. Rainey re 43 Scheduling Order Rule 26(a)(2) Initial Expert Disclosures (Getchell, Earle)

Dec. 16, 2013 PACER
92

NOTICE by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd re 44 MOTION for Summary Judgment Notice of Supplemental Authority (Attachments: # 1 Exhibit A - Griego Opinion)(Glenberg, Rebecca)

1 Exhibit A - Griego Opinion

View on PACER

Dec. 20, 2013 PACER
93

NOTICE by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd re 44 MOTION for Summary Judgment Notice of Supplemental Authority (Attachments: # 1 Exhibit A-Kitchen v Herbert Opinion)(Glenberg, Rebecca)

1 Exhibit A-Kitchen v Herbert Opinion

View on PACER

Dec. 23, 2013 PACER
94

MEMORANDUM OPINION. Signed by District Judge Michael F. Urbanski on 12/23/2013. (jat)

Dec. 23, 2013 RECAP
95

ORDER granting 24 Motion to Dismiss; denying 32 Motion to Dismiss. Signed by District Judge Michael F. Urbanski on 12/23/2013. (jat)

Dec. 23, 2013 PACER
96

NOTICE by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd re 44 MOTION for Summary Judgment Notice of Supplemental Authority (Attachments: # 1 Exhibit A-Obergefell)(Glenberg, Rebecca)

1 Exhibit A-Obergefell

View on PACER

Dec. 24, 2013 PACER
97

NOTICE by Janet M. Rainey (Withdrawal of Atty) (Getchell, Earle)

Dec. 30, 2013 PACER
98

NOTICE of Appearance by Catherine Crooks Hill on behalf of Janet M. Rainey (Hill, Catherine) (Additional attachment(s) added on 1/9/2014: # 1 Main Document) (jat).

Jan. 7, 2014 PACER
99

Notice of Correction re 98 Notice of Appearance - Replaced fillable document with one that was converted to.pdf. (jat)

Jan. 9, 2014 PACER
100

NOTICE by Christy Berghoff, Jessica Duff, Joanne Harris, Victoria Kidd re 44 MOTION for Summary Judgment Notice of Supplemental Authority (Attachments: # 1 Exhibit A - Bishop Opinion)(Glenberg, Rebecca)

1 Exhibit A - Bishop Opinion

View on PACER

Jan. 15, 2014 PACER
101

NOTICE by Janet M. Rainey [of Withdrawal of Counsel] (Thomas, Norman)

Jan. 15, 2014 PACER
102

NOTICE of Appearance by Stuart Allen Raphael on behalf of Janet M. Rainey (Raphael, Stuart)

Jan. 22, 2014 PACER
103

MOTION for Extension of Time to File Answer by Thomas E. Roberts.Motions referred to Judge Robert S. Ballou. (Attachments: # 1 Text of Proposed Order)(Fessier, Rosalie)

1 Text of Proposed Order

View on PACER

Jan. 22, 2014 PACER

State / Territory: Virginia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Aug. 1, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two same-sex couples in Virginia, and the classes of (1) all same-sex couples in Virginia who have not married in another jurisdiction; (2) all same-sex couples in Virginia who have married in another jurisdiction.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

State of Virginia, 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):

Due Process

Equal Protection

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

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 60,000

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sexual orientatation