Case: Bostic v. McDonnell

2:13-cv-00395 | U.S. District Court for the Eastern District of Virginia

Filed Date: July 18, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On July 18, 2013, two Virginia residents filed a lawsuit in the U.S. District Court for the Eastern District of Virginia against the state of Virginia under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, asked the court for both declaratory and injunctive relief barring enforcement of Va. Code §§ 25-45.2 and 20-45.4 and Article I, § 15-A of the Virginia Constitution, alleging that these provisions are unconstitutional. Specifically, the plaintiffs allege that these Virginia l…

On July 18, 2013, two Virginia residents filed a lawsuit in the U.S. District Court for the Eastern District of Virginia against the state of Virginia under 42 U.S.C. § 1983. The plaintiffs, represented by private counsel, asked the court for both declaratory and injunctive relief barring enforcement of Va. Code §§ 25-45.2 and 20-45.4 and Article I, § 15-A of the Virginia Constitution, alleging that these provisions are unconstitutional. Specifically, the plaintiffs allege that these Virginia laws and constitutional provisions denying individuals the opportunity to marry a person of their same sex violated the Due Process and Equal Protection clauses of the Fourteenth Amendment of the U.S. Constitution.

On August 9, 2013, the state moved to dismiss the case on grounds of sovereign immunity. On September 3, 2013 plaintiffs amended their complaint to add two additional plaintiffs and two additional defendants to the lawsuit. The newly added plaintiffs were Virginia residents married under the laws of California who sought recognition of their marriage under Virginia law. The additional defendants included the Clerk of the Circuit Court for the City or Norfolk and the State Registrar of Vital Records.

On January 23, 2014, the Office of the Attorney General submitted a formal change in position and relinquished her prior defense of Virginia's marriage laws. Prince William County Clerk was granted defendant intervenor status and continued to defend the marriage ban.

The plaintiffs sought a preliminary injunction, and both sides sought summary judgment; a hearing was held on February 4. On February 13, 2014, 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. The court held that these laws violate both Due Process and Equal Protection. However, Judge Allen stayed the injunction pending the final disposition of any appeal to the Fourth Circuit Court of Appeals.

After the district court decision, a class action suit (also in this Clearinghouse) intervened as a party in the Fourth Circuit to have its constitutional challenges decided as part of the Bostic litigation.

On July 28, 2014 the Fourth Circuit affirmed, agreeing with the district court that the same-sex marriage ban violated the Constitution. The majority opinion, by Hudge 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 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 and the stay was lifted. Same sex couples were then allowed to wed in Virginia.

Back in district court the parties began litigation over attorneys fees, which continued for a few months with the parties eventually settling on the proper amount awarded to plaintiffs and intervening plaintiffs' counsel.

Summary Authors

Carlyn Williams (11/4/2013)

Abigail DeHart (2/1/2018)

Related Cases

Fisher-Borne v. Smith, Middle District of North Carolina (2012)

Harris v. McDonnell, Western District of Virginia (2013)

General Synod of the United Church of Christ v. Cooper, Western District of North Carolina (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4406438/parties/bostic-v-mcdonnell/


Judge(s)

Allen, Arenda Lauretta Wright (Virginia)

Floyd, Henry Franklin (South Carolina)

Niemeyer, Paul Victor (Maryland)

Attorneys(s) for Plaintiff

Boies, David (New York)

Boutrous, Theodore J. Jr. (California)

Fiebig, Chantale (District of Columbia)

Goldman, Jeremy Michael (California)

Hendrick, Andrew Mitchell (Virginia)

Isaacson, William Anthony (District of Columbia)

Lipshutz, Joshua S. (California)

Judge(s)

Allen, Arenda Lauretta Wright (Virginia)

Floyd, Henry Franklin (South Carolina)

Niemeyer, Paul Victor (Maryland)

Attorneys(s) for Plaintiff

Boies, David (New York)

Boutrous, Theodore J. Jr. (California)

Fiebig, Chantale (District of Columbia)

Goldman, Jeremy Michael (California)

Hendrick, Andrew Mitchell (Virginia)

Isaacson, William Anthony (District of Columbia)

Lipshutz, Joshua S. (California)

Lustig, Charles Barnet (Virginia)

McGill, Matthew Dempsey (District of Columbia)

Olson, Theodore B. (District of Columbia)

Porcaro, Erik C. (Virginia)

Ruloff, Robert Eugene (Virginia)

Schiller, Josh (New York)

Shuttleworth, Thomas Brady (Virginia)

Silver, Robert Brian (New York)

Tayrani, Amir Cameron (District of Columbia)

Attorneys(s) for Defendant

Beale, Rita W. (Virginia)

Brady, Michael H. (Virginia)

Cuccinelli, Kenneth T. II (Virginia)

Getchell, Earle Duncan Jr. (Virginia)

Oakley, David Brandt (Virginia)

Thomas, Norman Allan (Virginia)

Tysinger, Allyson (Virginia)

Other Attorney(s)

Matney, Mark Randolph (Virginia)

Mattox, Michael Casey (District of Columbia)

Documents in the Clearinghouse

Document

Docket [Pacer]

Feb. 13, 2015 Docket
1

Complaint for Declaratory, Injunctive and Other Relief

July 18, 2013 Complaint
18

Plaintiffs' First Amended Complaint for Declaratory, Injunctive, and Other Relief

Sept. 3, 2013 Complaint
20

Motion to Dismiss as Moot the Governor and Attorney General's Motion to Dismiss and the Commonwealth of Virginia's Motion to Intervene

Sept. 6, 2013 Pleading / Motion / Brief
135

Opinion and Order

Bostic v. Rainey

970 F.Supp.2d 456

Feb. 13, 2014 Order/Opinion
234

[Opinion]

Bostic v. Schaefer

U. S. Court of Appeals for the Fourth Circuit

760 F.3d 352

July 28, 2014 Order/Opinion

Order in Pending Case

McQuigg v. Bostic

Supreme Court of the United States

135 S.Ct. 32

Aug. 20, 2014 Order/Opinion

Opinion [Denying Certiorari]

McQuigg v. Bostic

Supreme Court of the United States

135 S.Ct. 314

Oct. 6, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4406438/bostic-v-mcdonnell/

Last updated May 13, 2022

ECF Number Description Date Link
1

COMPLAINT for Declaratory, Injunctive and Other Relief against Kenneth T. Cuccinelli, Robert F. McDonnell, George E. Schaefer, III ( Filing fee $ 400.00, receipt number 24683020217.), filed by Timothy B. Bostic, Tony C. London. (Attachments: # 1 Civil Cover Sheet, # 2 Receipt, # 3 Letter)(rsim, ) (Additional attachment(s) added on 1/10/2014: # 4 Civil Cover Sheet) (afar, ). (Entered: 07/22/2013)

1 Civil Cover Sheet

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2 Receipt

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3 Letter

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4 Civil Cover Sheet

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July 18, 2013 RECAP
2

Three Summonses (with one copy each) issued as to Kenneth T. Cuccinelli, Robert F. McDonnell, George E. Schaefer, III and provided to counsel for service. (Attachments: # 1 Magistrate Judge Notice & Judge's Instructions)(rsim, ) (Entered: 07/22/2013)

1 Magistrate Judge Notice & Judge's Instructions

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July 22, 2013 PACER

Case reassigned to District Judge Arenda L. Wright Allen. Chief District Judge Rebecca Beach Smith no longer assigned to the case. (rsim, )

July 24, 2013 PACER
3

NOTICE of Appearance by Thomas Brady Shuttleworth, II on behalf of Timothy B. Bostic, Tony C. London (Shuttleworth, Thomas) (Entered: 07/26/2013)

July 26, 2013 PACER
4

NOTICE of Appearance by Charles Barnet Lustig on behalf of Timothy B. Bostic, Tony C. London (Lustig, Charles) (Entered: 07/26/2013)

July 26, 2013 PACER
5

SUMMONS Returned Executed Kenneth T. Cuccinelli served on 7/29/2013; as to Robert F. McDonnell served on 7/29/2013 (rsim, ) (Entered: 08/06/2013)

Aug. 5, 2013 RECAP
6

SUMMONS Returned Executed as to George E. Schaefer, III served on 7/29/2013 (rsim, ) (Entered: 08/06/2013)

Aug. 6, 2013 PACER
7

MOTION to Dismiss on Sovereign Immunity Grounds by Kenneth T. Cuccinelli, Robert F. McDonnell. (Getchell, Earle) Modified on 9/20/2013 to terminate motion (rsim, ). (Entered: 08/09/2013)

Aug. 9, 2013 RECAP
8

Memorandum in Support re 7 MOTION to Dismiss on Sovereign Immunity Grounds filed by Kenneth T. Cuccinelli, Robert F. McDonnell. (Getchell, Earle) (Entered: 08/09/2013)

Aug. 9, 2013 RECAP
9

MOTION to Intervene by Commonwealth Of Va.. (Getchell, Earle) Modified on 9/20/2013 to terminate motion (rsim, ). (Entered: 08/09/2013)

Aug. 9, 2013 PACER
10

Memorandum in Support re 9 MOTION to Intervene filed by Commonwealth Of Va.. (Getchell, Earle) (Entered: 08/09/2013)

Aug. 9, 2013 PACER
11

NOTICE of Appearance by David Brandt Oakley on behalf of George E. Schaefer, III (Oakley, David) (Entered: 08/16/2013)

Aug. 16, 2013 PACER
12

MOTION for Extension of Time to File Responsive Pleadings and Entry of Consent Order by George E. Schaefer, III. (Attachments: # 1 Exhibit A-Consent Order)(Oakley, David) (Entered: 08/16/2013)

1 Exhibit A-Consent Order

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Aug. 16, 2013 PACER
13

Memorandum in Support re 12 MOTION for Extension of Time to File Responsive Pleadings and Entry of Consent Order filed by George E. Schaefer, III. (Attachments: # 1 Exhibit A-Consent Order)(Oakley, David) (Entered: 08/16/2013)

1 Exhibit A-Consent Order

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Aug. 16, 2013 PACER
14

MOTION Staying Briefing on Motion to Dismiss and Motion to Intervene and Setting Other Deadlines by Timothy B. Bostic, Tony C. London. (Attachments: # 1 Exhibit Consent Order)(Lustig, Charles) (Entered: 08/22/2013)

1 Exhibit Consent Order

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Aug. 22, 2013 PACER
15

Memorandum in Support re 14 MOTION Staying Briefing on Motion to Dismiss and Motion to Intervene and Setting Other Deadlines filed by Timothy B. Bostic, Tony C. London. (Lustig, Charles) (Entered: 08/22/2013)

Aug. 22, 2013 PACER
16

ORDER granting 12, the unopposed Motion for an Extension of Time as follows: Defendant George E. Schaefer, III is granted leave and an extension of time to file responsive pleadings upon the earlier of either October 21, 2013, or twenty-one (21) days after the filing of an Amended Complaint by the Plaintiffs Signed by District Judge Arenda L. Wright Allen on 08/30/2013. (Allen, Arenda) (Entered: 08/30/2013)

Aug. 30, 2013 PACER
17

Plaintiffs' unopposed Motion for Entry of a Consent Order to Suspend Briefing on Motion to Dismiss and Motion to Intervene, and To Set Deadlines for Filing Amended Complaint and For Filing Cross-Motions for Summary Judgment (ECF 14) is GRANTED AS FOLLOWS: (1) briefing on the Motion to Dismiss filed by Defendants McDonnell and Cuccinelli, and on the Motion to Intervene filed by the Commonwealth of Virginia, is suspended indefinitely pending filing of an Amended Complaint; (2) Plaintiffs shall file an Amended Complaint by September 3, 2013 and Defendants shall have twenty-one days to respond or otherwise answer; and (3) the parties agree that they shall file cross-motions for summary judgment and supporting materials by September 30, 2013. Memoranda in support of these motions shall not exceed thirty-five pages. Responses to the cross-motions shall be filed by October 24, 2013, and shall not exceed twenty pages. Reply briefs shall be filed by October 31, 2013, and shall not exceed eleven pages. Oral argument will be set by the Court if deemed necessary. Signed by District Judge Arenda L. Wright Allen on 08/30/2013. (Allen, Arenda) (Entered: 08/30/2013)

Aug. 30, 2013 PACER
18

AMENDED COMPLAINT against All Defendants, filed by Timothy B. Bostic, Tony C. London.(Lustig, Charles) (Entered: 09/03/2013)

Sept. 3, 2013 RECAP
19

NOTICE of Voluntary Dismissal of Defendants McDonnell and Cuccinelli by Timothy B. Bostic, Tony C. London (Lustig, Charles) (Entered: 09/05/2013)

Sept. 5, 2013 RECAP
20

MOTION to Dismiss As Moot Motion to Dismiss and Motion to Intervene by Commonwealth Of Va., Kenneth T. Cuccinelli, Robert F. McDonnell. (Getchell, Earle) (Entered: 09/06/2013)

Sept. 6, 2013 PACER
21

ANSWER to Amended Complaint by Janet M Rainey.(Getchell, Earle) (Entered: 09/16/2013)

Sept. 16, 2013 RECAP
22

ORDER granting 20 as follows: the MOTION to Dismiss As Moot the Motion to Dismiss 7 and the Motion to Intervene by Commonwealth Of Virginia 9, is granted in part. The motions [7 & 9] have been rendered moot by subsequent filings, but counsel are reminded that the proper means for updating the Docket is to file a Notice of Withdrawal of the motions. Defendants' motion to dismiss as moot 20 is construed liberally as this Notice of Withdrawal, and is granted as such. Counsel are advised to refrain from superfluous filings and to seek guidance from the Clerk of the Court when necessary to ensure compliance with Local Rules and federal rules of procedure. Signed by District Judge Arenda L. Wright Allen on 09/19/2013. (Allen, Arenda) (Entered: 09/19/2013)

Sept. 19, 2013 PACER
23

ANSWER to Amended Complaint and Affirmative Defenses by George E. Schaefer, III.(Oakley, David) (Entered: 09/20/2013)

Sept. 20, 2013 RECAP
24

NOTICE of Appearance by Erik C. Porcaro on behalf of Timothy B. Bostic, Tony C. London (Porcaro, Erik) (Entered: 09/25/2013)

Sept. 25, 2013 PACER
25

MOTION for Summary Judgment Or, In The Alternative, Preliminary Injunction by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 RECAP
26

Memorandum in Support re 25 MOTION for Summary Judgment Or, In The Alternative, 27 Motion for Preliminary Injunction filed by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Attachments: # 1 Affidavit Declaration of Timothy Bostic, # 2 Affidavit Declaration of Tony London, # 3 Affidavit Declaration of Carol Schall, # 4 Affidavit Declaration of Mary Townley, # 5 Affidavit Declaration of Charles Lustig, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16 Exhibit K, # 17 Exhibit L, # 18 Exhibit M, # 19 Exhibit N)(Lustig, Charles) Modified on 10/1/2013 to add link to second motion (rsim, ). (Entered: 09/30/2013)

1 Affidavit Declaration of Timothy Bostic

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2 Affidavit Declaration of Tony London

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3 Affidavit Declaration of Carol Schall

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4 Affidavit Declaration of Mary Townley

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5 Affidavit Declaration of Charles Lustig

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6 Exhibit A

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7 Exhibit B

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8 Exhibit C

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9 Exhibit D

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10 Exhibit E

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11 Exhibit F

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12 Exhibit G

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13 Exhibit H

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14 Exhibit I

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15 Exhibit J

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16 Exhibit K

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17 Exhibit L

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18 Exhibit M

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19 Exhibit N

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Sept. 30, 2013 RECAP

Notice of Correction re 25 MOTION for Summary Judgment Or, In The Alternative, Preliminary Injunction : The filing user has been notified to file this document separately for each motion relief. (rsim, )

Sept. 30, 2013 PACER
27

MOTION for Preliminary Injunction by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 RECAP
28

Motion to appear Pro Hac Vice by Theodore B. Olson and Certification of Local Counsel Charles B. Lustig Filing fee $ 75, receipt number 0422-3687870. by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
29

Motion to appear Pro Hac Vice by David Boies and Certification of Local Counsel Charles B. Lustig Filing fee $ 75, receipt number 0422-3687940. by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
30

Request for Hearing by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley re 25 MOTION for Summary Judgment Or, In The Alternative, Preliminary Injunction, 26 Memorandum in Support,, 27 MOTION for Preliminary Injunction (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 RECAP
31

Motion to appear Pro Hac Vice by Matthew D. McGill and Certification of Local Counsel Charles B. Lustig Filing fee $ 75, receipt number 0422-3688128. by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
32

Motion to appear Pro Hac Vice by Amir C. Tayrani and Certification of Local Counsel Charles B. Lustig Filing fee $ 75, receipt number 0422-3688179. by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
33

Motion to appear Pro Hac Vice by Joshua S. Lipshutz and Certification of Local Counsel Charles B. Lustig Filing fee $ 75, receipt number 0422-3688186. by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
34

Motion to appear Pro Hac Vice by Chantale Fiebig and Certification of Local Counsel Charles B. Lustig Filing fee $ 75, receipt number 0422-3688193. by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
35

Motion to appear Pro Hac Vice by William Isaacson and Certification of Local Counsel Charles B. Lustig Filing fee $ 75, receipt number 0422-3688205. by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
36

Motion to appear Pro Hac Vice by Jeremy M. Goldman and Certification of Local Counsel Charles B. Lustig Filing fee $ 75, receipt number 0422-3688211. by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
37

Motion to appear Pro Hac Vice by Joshua I. Schiller and Certification of Local Counsel Charles B. Lustig Filing fee $ 75, receipt number 0422-3688217. by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
38

MOTION for Summary Judgment by Janet M Rainey. (Getchell, Earle) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
39

Memorandum in Support re 38 MOTION for Summary Judgment filed by Janet M Rainey. (Attachments: # 1 Attachment)(Getchell, Earle) (Entered: 09/30/2013)

1 Attachment

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Sept. 30, 2013 PACER
40

MOTION for Summary Judgment by George E. Schaefer, III. (Oakley, David) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
41

Memorandum in Support re 40 MOTION for Summary Judgment filed by George E. Schaefer, III. (Oakley, David) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
42

Motion to appear Pro Hac Vice by Theodore J. Boutrous, Jr. and Certification of Local Counsel Charles B. Lustig Filing fee $ 75, receipt number 0422-3689051. by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 PACER
43

Motion to appear Pro Hac Vice by Robert B. Silver and Certification of Local Counsel Charles B. Lustig Filing fee $ 75, receipt number 0422-3689076. by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 09/30/2013)

Sept. 30, 2013 PACER

Notice of Correction re 39 Memorandum in Support: when you filed document number (39), you exceeded the court page limit for a brief. Please refile the document. (rsim, )

Oct. 1, 2013 PACER
44

Memorandum in Support re 38 MOTION for Summary Judgment filed by Janet M Rainey. (Attachments: # 1 Table of Contents, Table of Authorities, # 2 Attachment)(Getchell, Earle) (Entered: 10/01/2013)

1 Table of Contents, Table of Authorities

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2 Attachment

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Oct. 1, 2013 PACER
45

ORDER granting 28, the Motion to appear Pro Hac Vice by Theodore B. Olson as certified by local counsel Charles B. Lustig for Plaintiff. Signed by District Judge Arenda L. Wright Allen on 10/11/13. (Allen, Arenda) (Entered: 10/11/2013)

Oct. 11, 2013 PACER
46

ORDER granting 29, the Motion to appear Pro Hac Vice by David Boies as certified by local counsel Charles B. Lustig for Plaintiff. Signed by District Judge Arenda L. Wright Allen on 10/11/13. (Allen, Arenda) (Entered: 10/11/2013)

Oct. 11, 2013 PACER
47

ORDER granting 31, the Motion to appear Pro Hac Vice by Matthew D. McGill as certified by local counsel Charles B. Lustig for Plaintff. Signed by District Judge Arenda L. Wright Allen on 10/11/13. (Allen, Arenda) (Entered: 10/11/2013)

Oct. 11, 2013 PACER
48

ORDER granting 32, the Motion to appear Pro Hac Vice by Amir C. Tayrani as certified by local counsel Charles B. Lustig for Plaintiff. Signed by District Judge Arenda L. Wright Allen on 10/11/13. (Allen, Arenda) (Entered: 10/11/2013)

Oct. 11, 2013 PACER
49

ORDER granting 33, the Motion to appear Pro Hac Vice by Joshua S. Lipshutz as certified by local counsel Charles B. Lustig. Signed by District Judge Arenda L. Wright Allen on 10/11/13. (Allen, Arenda) (Entered: 10/11/2013)

Oct. 11, 2013 PACER
50

ORDER granting 34, the Motion to appear Pro Hac Vice by Chantale Fiebig as certified by local counsel Charles B. Lustig for Plaintiff. Signed by District Judge Arenda L. Wright Allen on 10/11/13. (Allen, Arenda) (Entered: 10/11/2013)

Oct. 11, 2013 PACER
51

ORDER granting 35, the Motion to appear Pro Hac Vice by William Isaacson as certified by local counsel Charles B. Lustig for Plaintiff. Signed by District Judge Arenda L. Wright Allen on 10/11/13. (Allen, Arenda) (Entered: 10/11/2013)

Oct. 11, 2013 PACER
52

ORDER granting 36, the Motion to appear Pro Hac Vice by Jeremy M. Goldman as certified by local counsel Charles B. Lustig for Plaintiff. Signed by District Judge Arenda L. Wright Allen on 10/11/13. (Allen, Arenda) (Entered: 10/11/2013)

Oct. 11, 2013 PACER
53

ORDER granting 37, the Motion to appear Pro Hac Vice by Joshua I. Schiller as certified by local counsel Charles B. Lustig for Plaintiff. Signed by District Judge Arenda L. Wright Allen on 10/11/13. (Allen, Arenda) (Entered: 10/11/2013)

Oct. 11, 2013 PACER
54

ORDER granting 42, Motion to appear Pro Hac Vice by Theodore J. Boutrous, Jr., as certified by local counsel Charles B. Lustig for Plaintiff. Signed by District Judge Arenda L. Wright Allen on 10/11/13. (Allen, Arenda) (Entered: 10/11/2013)

Oct. 11, 2013 PACER
55

ORDER granting 43, the Motion to appear Pro Hac Vice by Robert B. Silver as certified by local counsel Charles B. Lustig for Plaintiff. Signed by District Judge Arenda L. Wright Allen on 10/11/13. (Allen, Arenda) (Entered: 10/11/2013)

Oct. 11, 2013 PACER
56

NOTICE of Appearance by Andrew Mitchell Hendrick on behalf of Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley (Hendrick, Andrew) (Entered: 10/14/2013)

Oct. 14, 2013 PACER
57

Memorandum in Opposition re 25 MOTION for Summary Judgment Or, In The Alternative, Preliminary Injunction filed by Janet M. Rainey. (Getchell, Earle) (Entered: 10/24/2013)

Oct. 24, 2013 RECAP
58

RESPONSE in Opposition re 25 MOTION for Summary Judgment Or, In The Alternative, Preliminary Injunction, 27 MOTION for Preliminary Injunction filed by George E. Schaefer, III(in his official capacity as the Clerk of Court for Norfolk Circuit Court). (Oakley, David) (Entered: 10/24/2013)

Oct. 24, 2013 RECAP
59

Memorandum in Opposition re 40 MOTION for Summary Judgment, 38 MOTION for Summary Judgment filed by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 10/24/2013)

Oct. 24, 2013 PACER

Notice of Correction re 59 Memorandum in Opposition: Attorney notified that leave of court may be needed to file the 59 Memorandum in Opposition re 40 MOTION for Summary judgment. Pursuant to Order entered on 8/30/2013 you have exceeded the page limit for a response brief. The proposed document should not have exceeded 20 pages. Please refile document 59; if necessary refile as an attachment to your motion. (rsim, )

Oct. 28, 2013 PACER
60

Memorandum in Opposition re 40 MOTION for Summary Judgment, 38 MOTION for Summary Judgment filed by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Attachments: # 1 Table of Contents, Table of Authorities)(Lustig, Charles) (Entered: 10/28/2013)

1 Table of Contents, Table of Authorities

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Oct. 28, 2013 PACER
61

NOTICE of Appearance by Mark Randolph Matney on behalf of The Family Foundation of Virginia (Matney, Mark) (Entered: 10/28/2013)

Oct. 28, 2013 PACER
62

MOTION for Leave to File by The Family Foundation of Virginia. (Attachments: # 1 Exhibit Amicus Curiae Brief, # 2 Proposed Order)(Matney, Mark) (Entered: 10/28/2013)

1 Exhibit Amicus Curiae Brief

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2 Proposed Order

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Oct. 28, 2013 PACER
63

NOTICE of Appearance by Norman Allan Thomas on behalf of Janet M. Rainey (Thomas, Norman) (Entered: 10/29/2013)

Oct. 29, 2013 PACER
64

MOTION for Leave to File Brief of Amici Curiae Professors in Support of Defendants' Motions for Summary Judgment by Lynn D. Wardle, William C. Duncan, Joseph P. Price, Robert A. Destro, Lynne Marie Kohm. (Attachments: # 1 [Proposed] Brief, # 2 Proposed Order)(Mattox, Michael) (Entered: 10/29/2013)

1 [Proposed] Brief

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2 Proposed Order

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Oct. 29, 2013 PACER
65

REPLY to Response to Motion re 38 MOTION for Summary Judgment filed by Janet M. Rainey. (Getchell, Earle) (Entered: 10/31/2013)

Oct. 31, 2013 RECAP
66

REPLY to Response to Motion re 25 MOTION for Summary Judgment Or, In The Alternative, Preliminary Injunction, 27 MOTION for Preliminary Injunction filed by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Attachments: # 1 Table of Contents, Table of Authorities)(Lustig, Charles) (Entered: 10/31/2013)

1 Table of Contents, Table of Authorities

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Oct. 31, 2013 RECAP
67

Financial Interest Disclosure Statement (Local Rule 7.1) by The Family Foundation of Virginia. (Matney, Mark) (Entered: 11/01/2013)

Nov. 1, 2013 RECAP

MOTION REFERRED to Magistrate Judge Lawrence R. Leonard. 62 MOTION for Leave to File (rsim, )

Nov. 12, 2013 PACER
68

NOTICE by Robert A. Destro, William C. Duncan, Lynne Marie Kohm, Joseph P. Price, Lynn D. Wardle re 64 MOTION for Leave to File Brief of Amici Curiae Professors in Support of Defendants' Motions for Summary Judgment (Certificate of Conference) (Mattox, Michael) (Entered: 11/13/2013)

Nov. 13, 2013 RECAP
69

NOTICE by The Family Foundation of Virginia re 62 MOTION for Leave to File (Matney, Mark) (Entered: 11/17/2013)

Nov. 17, 2013 RECAP

MOTION REFERRED to Magistrate Judge Lawrence R. Leonard. 64 MOTION for Leave to File Brief of Amici Curiae Professors in Support of Defendants' Motions for Summary Judgment (rsim, )

Nov. 20, 2013 PACER
70

ORDER granting 62 as follows: the proposed Amicus Curiae brief (ECF No. 62-1) by The Family Foundation of Virginia in support of Defendants' Motion for Summary Judgment is accepted and deemed filed. Signed by District Judge Arenda L. Wright Allen on 12/03/2013. (Allen, Arenda) (Entered: 12/03/2013)

Dec. 3, 2013 PACER
71

ORDER granting 64, the Motion for Leave to File Brief of Amici Curiae Professors in Support of Defendants' Motions for Summary Judgment, as follows: the proposed Amici Curiae brief (ECF No. 64-1) by Lynn D. Wardle, William C. Duncan, Joseph P. Price, Robert A. Destro, and Lynne Marie Kohm is accepted and deemed filed. Signed by District Judge Arenda L. Wright Allen on 12/03/2013. (Allen, Arenda) (Entered: 12/03/2013)

Dec. 3, 2013 PACER
72

MOTION to Intervene by Michele McQuigg. (Attachments: # 1 Declaration of Michele B. McQuigg in Support of Motion to Intervene, # 2 Proposed Answer and Affirmative Defenses of Intervenor-Defendant Michele B. McQuigg, # 3 Proposed Intervenor's Motion for Summary Judgment and Response in Opposition to Plaintiffs' Motion for Summary Judgment, # 4 Request for Hearing, # 5 Application to Qualify as a Foreign Attorney - Byron J. Babione, # 6 Application to Qualify as a Foreign Attorney - Kenneth J. Connelly)(Mattox, Michael) Modified on 1/17/2014 to remove Attachment 3, see Order of 1/17.14 (rsim, ). (Entered: 12/20/2013)

1 Declaration of Michele B. McQuigg in Support of Motion to Intervene

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2 Proposed Answer and Affirmative Defenses of Intervenor-Defendant Michele B. McQ

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3 Proposed Intervenor's Motion for Summary Judgment and Response in Oppositi

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4 Request for Hearing

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5 Application to Qualify as a Foreign Attorney - Byron J. Babione

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6 Application to Qualify as a Foreign Attorney - Kenneth J. Connelly

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Dec. 20, 2013 PACER
73

Memorandum in Support re 72 MOTION to Intervene filed by Michele McQuigg. (Mattox, Michael) (Entered: 12/20/2013)

Dec. 20, 2013 RECAP

Motions Hearing set for 1/30/2014 at 09:00 AM in Norfolk Courtroom 3 before District Judge Arenda L. Wright Allen. (lhow)

Dec. 23, 2013 PACER
74

NOTICE by Commonwealth Of Va., Janet M. Rainey (Withdrawal) (Getchell, Earle) (Entered: 12/30/2013)

Dec. 30, 2013 RECAP
75

MOTION to Intervene by Michele McQuigg (ECF No. 72) is taken under advisement. All briefs in opposition to this motion must be filed no later than January 7, 2014. A Reply brief from Michael Mattox, counsel for the proposed Intervenor shall be filed by January 10, 2014. Shortly after that date, all counsel of record will be notified as to whether oral argument on the motion to intervene will be heard on January 30 2014. If Mr. Mattox, as counsel for the proposed Intervenor, wishes for other counsel to "qualify as a foreign attorney" in this matter, he must comply with Local Rule 83.1 and the online instructions provided by the Clerk of the Court. Other attorneys who are not licensed to practice in this District must first associate with local counsel and comply with the Court's Local Rules before they may appear, file, or otherwise participate as counsel in this action. Signed by District Judge Arenda L. Wright Allen on 01/03/2014. (Allen, Arenda) (Entered: 01/03/2014)

Jan. 3, 2014 PACER
76

NOTICE of Appearance by Jordan Woodard Lorence on behalf of Michele McQuigg (Lorence, Jordan) (Entered: 01/06/2014)

Jan. 6, 2014 PACER
77

Motion to appear Pro Hac Vice by Byron J. Babione and Certification of Local Counsel M. Casey Mattox Filing fee $ 75, receipt number 0422-3802221. by Michele McQuigg. (Mattox, Michael) (Entered: 01/06/2014)

Jan. 6, 2014 PACER
78

Motion to appear Pro Hac Vice by Kenneth J. Connelly and Certification of Local Counsel M. Casey Mattox Filing fee $ 75, receipt number 0422-3802271. by Michele McQuigg. (Mattox, Michael) (Entered: 01/06/2014)

Jan. 6, 2014 PACER
79

NOTICE of Appearance by Michael Hugh Brady on behalf of Janet M. Rainey (Brady, Michael) (Entered: 01/06/2014)

Jan. 6, 2014 PACER
80

Notice of Substitution of Counsel of Earle Duncan Getchell, Jr. by Michael Hugh Brady on behalf of Janet M. Rainey (Brady, Michael) (Entered: 01/06/2014)

Jan. 6, 2014 PACER
81

NOTICE by Janet M. Rainey re 72 MOTION to Intervene (Consent to Intervention) (Brady, Michael) (Entered: 01/06/2014)

Jan. 6, 2014 RECAP
82

NOTICE of Appearance by Jonathan Caleb Dalton on behalf of Michele McQuigg (Dalton, Jonathan) (Entered: 01/06/2014)

Jan. 6, 2014 PACER
83

NOTICE of Appearance by Catherine Crooks Hill on behalf of Janet M. Rainey (Hill, Catherine) Modified - document deleted as it was not PDF'd correctly on 1/8/2014 (afar). (Entered: 01/07/2014)

Jan. 7, 2014 PACER
84

RESPONSE to Motion re 72 MOTION to Intervene filed by Timothy B. Bostic, Tony C. London, Carol Schall, Mary Townley. (Lustig, Charles) (Entered: 01/07/2014)

Jan. 7, 2014 RECAP

Notice of Correction re 83 Notice of Appearance - The filing user has been notified that document [ 83 ] is an incorrectly saved PDF fillable form and has been removed. The filing user was directed to refile the document.(afar)

Jan. 8, 2014 PACER
85

NOTICE of Appearance by Catherine Crooks Hill on behalf of Janet M. Rainey (Hill, Catherine) (Entered: 01/08/2014)

Jan. 8, 2014 PACER
86

ORDER granting 78 the Motion to appear Pro Hac Vice by Kenneth J. Connelly as certified by Local Counsel M. Casey Mattox. Signed by District Judge Arenda L. Wright Allen on 01/10/2014. (Allen, Arenda) (Entered: 01/10/2014)

Jan. 10, 2014 PACER
87

ORDER granting 77 the Motion to appear Pro Hac Vice by Byron J. Babione as certified by Local Counsel M. Casey Mattox. Signed by District Judge Arenda L. Wright Allen on 01/10/2014. (Allen, Arenda) (Entered: 01/10/2014)

Jan. 10, 2014 PACER
88

REPLY to Response to Motion re 72 MOTION to Intervene filed by Michele McQuigg. (Mattox, Michael) (Entered: 01/10/2014)

Jan. 10, 2014 RECAP
89

NOTICE of Appearance by Stuart Alan Raphael on behalf of Janet M. Rainey (Raphael, Stuart) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
90

NOTICE by Janet M. Rainey [of Withdrawal of Counsel] (Thomas, Norman) (Entered: 01/15/2014)

Jan. 15, 2014 PACER

Notice of Correction re 90 NOTICE: Counsel must file a motion to withdraw from a case. Please file a Motion to Withdraw as counsel. (rsim, )

Jan. 16, 2014 PACER
91

ORDER granting in part 72 Motion to Intervene. Signed by District Judge Arenda L. Wright Allen and filed on 1/17/2014. (rsim, ) (Entered: 01/17/2014)

Jan. 17, 2014 RECAP

State / Territory: Virginia

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: July 18, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs include one same sex couple who desire to get married in Virginia, and a same sex couple who were legally married in California and desire to have their marriage recognized in Virginia.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Clerk of Circuit Court (Norfolk), State

State Registrar of Vital Records, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sexual orientatation

Affected Gender:

Female

Male