Case: Bradacs v. Haley

3:13-cv-02351 | U.S. District Court for the District of South Carolina

Filed Date: Aug. 28, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On August 28, 2013, plaintiffs, a same-sex couple that resided in South Carolina but was legally married in the District of Columbia, filed a lawsuit in the United States District Court for the District of South Carolina, under 42 U.S.C. § 1983, against the Governor and Attorney General of South Carolina. The plaintiffs, represented by private counsel, sought a declaration that South Carolina's prohibition of marriage for same-sex couples and its refusal to recognize same-sex marriages from oth…

On August 28, 2013, plaintiffs, a same-sex couple that resided in South Carolina but was legally married in the District of Columbia, filed a lawsuit in the United States District Court for the District of South Carolina, under 42 U.S.C. § 1983, against the Governor and Attorney General of South Carolina. The plaintiffs, represented by private counsel, sought a declaration that South Carolina's prohibition of marriage for same-sex couples and its refusal to recognize same-sex marriages from other states violated the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. Plaintiffs also sought attorneys' fees and a permanent injunction directing the defendants to recognize the marriages of the plaintiffs and all same-sex couples married in other states.

On April 22, 2014, the Court issued a stay pending the United States Court of Appeals for the Fourth Circuit's decision in Bostic v. Rainey (PB-VA-0005 in this Clearinghouse). On October 7, 2014, the Court lifted the stay (after the Fourth Circuit found Virginia's ban of same-sex marriage unconstitutional in Bostic.)

On November 10, 2014, the Court issued an Order and Opinion on Defendants' motion for Judgment on the Pleadings. The Court found that the plaintiffs stated plausible allegations as to constitutional violations and that the defendant Attorney General Wilson was not shielded by the Eleventh Amendment; however, the Court granted defendant Haley's motion to dismiss on Eleventh Amendment immunity grounds, and dismissed her from the case.

On November 18, 2014, the Court granted in part and denied in part the plaintiffs' motion for summary judgment, granting summary judgment as to the claim that denial of recognition of the marriages of same-sex couples from other states violates the Equal Protection and Due Process Clauses. However, the Court denied the motion as to the claim that the refusal to recognize legal same-sex marriage violates the Full Faith and Credit Clause.

On the same day the Court also denied the defendant's motion to stay pending appeal.

On December 15, 2014, the defendant appealed this case to the United States Court of Appeals for the Fourth Circuit. On January 6, 2015, the Court granted the defendant's motion for stay or continuance of appeal, holding the case in abeyance pending the Supreme Court's decision in DeBoer v. Snyder (PB-MI-0004 in this Clearinghouse).

On July 20, 2015, the Fourth Circuit dismissed the appeal. The parties agreed that the defendants would pay the plaintiffs $80,000 for attorneys' fees and costs. The case is now closed.

Summary Authors

Katrina Fahey (10/11/2013)

Claire Lally (4/5/2015)

Eva Richardson (1/9/2019)

Related Cases

Condon v. Haley, District of South Carolina (2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4381633/parties/bradacs-v-haley/


Judge(s)

Anderson, Joseph Fletcher Jr. (South Carolina)

Childs, Julianna Michelle (South Carolina)

Attorneys(s) for Plaintiff

Morgan, Laura W. (Virginia)

Nichols, John Shannon (South Carolina)

Warner, Carrie A (South Carolina)

Attorneys(s) for Defendant

Cook, Robert Dewayne (South Carolina)

McDonald, Brendan (Mississippi)

Smith, James Emory Jr. (South Carolina)

Weschler, Ian Parks (South Carolina)

Wilson, Alan (South Carolina)

Judge(s)

Anderson, Joseph Fletcher Jr. (South Carolina)

Childs, Julianna Michelle (South Carolina)

Attorneys(s) for Plaintiff

Morgan, Laura W. (Virginia)

Nichols, John Shannon (South Carolina)

Warner, Carrie A (South Carolina)

Attorneys(s) for Defendant

Cook, Robert Dewayne (South Carolina)

McDonald, Brendan (Mississippi)

Smith, James Emory Jr. (South Carolina)

Weschler, Ian Parks (South Carolina)

Wilson, Alan (South Carolina)

Other Attorney(s)

Elliott, John D. (South Carolina)

Sanders, Alexander M. Jr. (South Carolina)

Utsey, Bert Glenn III (South Carolina)

Documents in the Clearinghouse

Document

3:13-cv-02351

Docket [PACER]

Sept. 24, 2015

Sept. 24, 2015

Docket
1

3:13-cv-02351

Complaint

Aug. 28, 2013

Aug. 28, 2013

Complaint
41

3:13-cv-02351

Verified Amended Complaint for Declaratory, Injunctive, and Other Relief

Feb. 21, 2014

Feb. 21, 2014

Complaint
89

3:13-cv-02351

Order and Opinion

58 F.Supp.3d 499, 2014 WL 5840153

Nov. 10, 2014

Nov. 10, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4381633/bradacs-v-haley/

Last updated Aug. 8, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

VERIFIED COMPLAINT FOR DECLARATORY, INJUNCTIVE, AND OTHER RELIEF against Nimrata Randhawa Haley, Alan M. Wilson ( Filing fee $ 400 receipt number 0420-4907050.), filed by Tracie Goodwin, Katherine Bradacs. Service due by 12/30/2013 (Attachments: # 1 Exhibit 1 - Certificate of Marriage)(bshr, ) (Entered: 08/29/2013)

1 Exhibit 1 - Certificate of Marriage

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Aug. 28, 2013

Aug. 28, 2013

PACER
3

Local Rule 26.01 Answers to Interrogatories by Katherine Bradacs, Tracie Goodwin.(bshr, ) (Entered: 08/29/2013)

Aug. 28, 2013

Aug. 28, 2013

PACER
4

Summons Issued as to Alan M. Wilson. (bshr, ) (Entered: 08/29/2013)

Aug. 28, 2013

Aug. 28, 2013

RECAP
5

Summons Issued as to Nimrata Randhawa Haley. (bshr, ) (Entered: 08/29/2013)

Aug. 28, 2013

Aug. 28, 2013

PACER
7

SUMMONS Returned Executed by Tracie Goodwin, Katherine Bradacs. Nimrata Randhawa Haley served on 9/6/2013, answer due 9/27/2013. (Attachment(s): # 1 Proof of Service) (Warner, Carrie). Modified on 9/10/2013 to add notice of filing and to correct filing date(bshr, ). (Entered: 09/09/2013)

1 Proof of Service

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Sept. 6, 2013

Sept. 6, 2013

PACER
6

CERTIFICATE OF SERVICE by Katherine Bradacs, Tracie Goodwin (Attachments: # 1 Exhibit, # 2 LR 26.01 Answers, # 3 Civil Cover Sheet, # 4 Summons)(Warner, Carrie) (Entered: 09/06/2013)

1 Exhibit

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2 LR 26.01 Answers

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3 Civil Cover Sheet

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4 Summons

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Sept. 6, 2013

Sept. 6, 2013

PACER
8

SUMMONS Returned Executed by Tracie Goodwin, Katherine Bradacs. Alan M Wilson served on 9/6/2013, answer due 9/27/2013. (Attachments: # 1 Certificate of Service)(Warner, Carrie) (Entered: 09/09/2013)

1 Certificate of Service

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Sept. 9, 2013

Sept. 9, 2013

PACER
9

DELETION OF DOCKET ENTRY NUMBER 6. Reason: Proof of Service refiled with Notice of Filing and Affidavit of Server. Corrected Filing Document Number 7 . Modified filing date to that of original filing: 09/06/2013. Response due date modified to that of original filing: answer due 9/27/2013 (bshr, ) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER
11

MOTION for Extension of Time by Nimrata Randhawa Haley, Alan M Wilson. Response to Motion due by 9/30/2013. No proposed order.(Smith, James) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER
12

Local Rule 26.01 Answers to Interrogatories by Nimrata Randhawa Haley, Alan M Wilson.(Smith, James) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

RECAP
14

ORDER granting 11 Motion for Extension of Time, extending deadline to answer, move, or otherwise respond to the complaint to 11/15/2013 and notifying parties the court will conduct a status conference on 10/08/2013 at 10:00 AM to discuss whether any discovery will be necessary or whether the case can be submitted to the court on stipulated or undisputed facts. Signed by Honorable Joseph F Anderson, Jr on 09/12/2013.(bshr, ) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

RECAP
15

NOTICE of Hearing: Status Conference set for 10/8/2013 at 10:00 AM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before the Honorable Joseph F. Anderson Jr. (bshr, ) (Entered: 09/12/2013)

Sept. 12, 2013

Sept. 12, 2013

PACER
17

MOTION to Continue (Postpone) Hearing by Katherine Bradacs, Tracie Goodwin. Response to Motion due by 10/10/2013. No proposed order.(Nichols, John) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

PACER
18

TEXT ORDER granting 17 Motion to Continue (Postpone) Hearing. Entered at the direction of the Honorable Joseph F. Anderson, Jr on 09/24/2013.(bshr, ) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
19

NOTICE of RESCHEDULED Hearing: Status Conference rescheduled to 10/8/2013 at 03:00 PM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F. Anderson Jr. ***Change in time only***(bshr, ) (Entered: 09/24/2013)

Sept. 24, 2013

Sept. 24, 2013

PACER
20

NOTICE of Cancellation of Hearing: Status Conference set on 10/8/2013 at 03:00 PM until further notice. (mflo, ) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
21

Case Reassigned to Judge Honorable Richard M Gergel. Judge Honorable Joseph F Anderson, Jr no longer assigned to the case. (glev, ) (Entered: 10/03/2013)

Oct. 3, 2013

Oct. 3, 2013

PACER
22

Case Reassigned to Judge Honorable Joseph F Anderson, Jr. Judge Honorable Richard M Gergel no longer assigned to the case. (mflo,) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
23

NOTICE of Hearing: Status Conference set for 10/8/2013 03:00 PM in Columbia # 4, Matthew J. Perry Court House, 901 Richland St, Columbia before Honorable Joseph F Anderson Jr. (mflo, ) (Entered: 10/04/2013)

Oct. 4, 2013

Oct. 4, 2013

PACER
24

Minute Entry. Proceedings held before Honorable Joseph F Anderson, Jr: Status Conference held on 10/8/2013. Counsel informs the court there will be very little discovery needed. Counsel are to submit proposed scheduling order 7 days after defendant files a responsive pleading. Court Reporter Daniel Mayo. (mflo, ) (Entered: 10/08/2013)

Oct. 8, 2013

Oct. 8, 2013

PACER
26

Case Reassigned to Judge Honorable J Michelle Childs. Judge Honorable Joseph F Anderson, Jr no longer assigned to the case. (glev, ) (Entered: 10/18/2013)

Oct. 18, 2013

Oct. 18, 2013

PACER
27

MOTION to Appear Pro Hac Vice by Laura W. Morgan ( Filing fee $ 250 receipt number 0420-5031051) by Katherine Bradacs, Tracie Goodwin. Response to Motion due by 12/2/2013. (Attachments: # 1 Supporting Documents, # 2 Proposed Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Nichols, John) (Entered: 11/11/2013)

1 Supporting Documents

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2 Proposed Order

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Nov. 11, 2013

Nov. 11, 2013

PACER
28

TEXT ORDER granting 27 Motion to Appear Pro Hac Vice. Signed by Honorable J Michelle Childs on 11/12/2013.(asni, ) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
29

ANSWER to 1 Complaint, by Nimrata Randhawa Haley, Alan M Wilson.(Smith, James) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
30

NOTICE of Request for Protection from Court Appearance by John Shannon Nichols for 1/15/14, 1/23-24/14 (Nichols, John) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

RECAP
31

SCHEDULING ORDER Discovery requests due by 12/6/2013, Responses to discovery due by 1/7/2014, Motions due by 2/3/2014, Responses to motions due three weeks after the dates the respective motions are filed, replies to responses to motions due two weeks after the respective responses are filed. Signed by Honorable J Michelle Childs on 11/26/2013. (asni, ) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

RECAP
34

Consent MOTION for Extension of Time by Nimrata Randhawa Haley, Alan M Wilson, Tracie Goodwin, Katherine Bradacs. Response to Motion due by 2/7/2014. No proposed order.(Smith, James) (Entered: 01/21/2014)

Jan. 21, 2014

Jan. 21, 2014

PACER
35

TEXT ORDER granting 34 Motion for Extension of Time to file dispositive motions due March 5, 2014. Signed by Honorable J Michelle Childs on 1/22/2014.(asni, ) (Entered: 01/22/2014)

Jan. 22, 2014

Jan. 22, 2014

PACER
37

First MOTION to Amend 1 Complaint by Katherine Bradacs, Tracie Goodwin. Response to Motion due by 2/10/2014. (Attachments: # 1 Exhibit Amended Complaint)No proposed order.(Warner, Carrie). Modified on 1/23/2014 to replace amended complaint with corrected version per the request of the filing user(bshr, ). (Entered: 01/23/2014)

1 Exhibit Amended Complaint

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Jan. 23, 2014

Jan. 23, 2014

PACER
38

RESPONSE to Motion re 37 First MOTION to Amend/Correct 1 Complaint, Response filed by Nimrata Randhawa Haley, Alan M Wilson.Reply to Response to Motion due by 2/21/2014 (Smith, James) (Entered: 02/10/2014)

Feb. 10, 2014

Feb. 10, 2014

RECAP
39

TEXT ORDER granting 37 Motion to Amend/Correct Complaint, with Defendant's consent 38 and ability to file all claims and defenses. Signed by Honorable J Michelle Childs on 2/18/2014.(asni, ) (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
40

MOTION for Extension of Time by Nimrata Randhawa Haley, Alan M Wilson. Response to Motion due by 3/10/2014. No proposed order.(Smith, James) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

PACER
41

AMENDED COMPLAINT against Nimrata Randhawa Haley, Alan M Wilson, filed by Tracie Goodwin, Katherine Bradacs. Service due by 6/26/2014 (Attachments: # 1 Exhibit Marriage Certificate) (Nichols, John) (Entered: 02/21/2014)

1 Exhibit Marriage Certificate

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Feb. 21, 2014

Feb. 21, 2014

PACER
42

TEXT ORDER granting 40 Motion for Extension of Time. Answer due March 18, 2014, cross-motions due April 11, 2014. Signed by Honorable J Michelle Childs on 2/21/2014.(asni, ) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

PACER
45

ANSWER to 41 Amended Complaint by Nimrata Randhawa Haley, Alan M Wilson.(Smith, James) (Entered: 03/14/2014)

March 14, 2014

March 14, 2014

PACER
47

MOTION to Stay and Hold Cross-Motions Deadline in Abeyance by Nimrata Randhawa Haley, Alan M Wilson. Response to Motion due by 4/21/2014. (Attachments: # 1 Addendum Copy of Bostic v. Rainey decision)No proposed order.(Smith, James) (Entered: 04/03/2014)

1 Addendum Copy of Bostic v. Rainey decision

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April 3, 2014

April 3, 2014

PACER
48

MOTION for Extension of Time to file Dispositvie Motions by Nimrata Randhawa Haley, Alan M Wilson, Tracie Goodwin, Katherine Bradacs. Response to Motion due by 4/21/2014. No proposed order.(Smith, James) (Entered: 04/03/2014)

April 3, 2014

April 3, 2014

RECAP
49

TEXT ORDER granting 48 Motion for Extension of Time to File Cross-Motions due April 25, 2014. Signed by Honorable J Michelle Childs on 4/4/2014.(asni, ) (Entered: 04/04/2014)

April 4, 2014

April 4, 2014

PACER
51

MOTION for Extension of Time with consent by Nimrata Randhawa Haley, Alan M Wilson, Katherine Bradacs and Tracie Goodwin. Response to Motion due by 5/5/2014. No proposed order.(Smith, James) Modified on 4/17/2014 to add parties(jada, ). (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
52

TEXT ORDER granting 51 Motion for Extension of Time Entered by Honorable J Michelle Childs on 4/17/14.(jada, ) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
54

TEXT ORDER: Defendants' Motion to Stay and Hold Cross-Motions Deadline in Abeyance 47 is granted in part and denied in part. The Motion to Stay is granted since the United States Court of Appeals for the Fourth Circuit will hear arguments in the case of Bostic v. Rainey, 2: 13CV395, 2014 WL 561978 (E.D. Va. Feb. 13, 2014) on May 13, 2014 ( a same-sex marriage case in Virginia). The stay is in effect until the Fourth Circuit issues its final opinion. Additionally, the parties consented to extend the cross motions deadline for dispositive issues until May 2, 2014, with responses to these motions due three weeks after the dates the respective motions are filed, and replies to these motions due two weeks after the respective responses are filed. Therefore, the briefing in this case will not be completed until June 6, 2014, approximately three weeks after the Fourth Circuit hears oral argument in the Bostic v. Rainey case. Based on the parties' consent to extend the cross-motions deadline, Defendants' Motion to Hold Cross-Motions Deadline in Abeyance is denied as moot. Signed by Honorable J Michelle Childs on 4/22/2014.(asni, ) (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

PACER
55

MOTION to Intervene by Chris Sevier. Response to Motion due by 5/12/2014. (Attachments: # 1 Memo in Support)No proposed order.(asni, ) (Entered: 04/22/2014)

1 Memo in Support

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April 22, 2014

April 22, 2014

PACER
56

MOTION to Stay re 54 Order on Motion to Stay,,,, Motion to Include Cross-Motions in Stay by Nimrata Randhawa Haley, Alan M Wilson. Response to Motion due by 5/12/2014. No proposed order.(Smith, James) (Entered: 04/22/2014)

April 22, 2014

April 22, 2014

PACER
57

PROPER FORM ORDER Case to be brought into proper form by 5/19/2014. Signed by Honorable J Michelle Childs on 4/22/2014. (asni, ) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
58

***DOCUMENT MAILED 57 Proper Form Order placed in U.S. Mail to Chris Sevier (asni, ) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
60

CERTIFICATE OF SERVICE by Nimrata Randhawa Haley, Alan M Wilson re 56 MOTION to Stay re 54 Order on Motion to Stay,,,, Motion to Include Cross-Motions in Stay (Smith, James) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
61

TEXT ORDER granting 56 Motion to Stay the cross-motions deadlines along with the other deadlines in this case. Signed by Honorable J Michelle Childs on 4/23/2014.(asni, ) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
62

***DOCUMENT MAILED 61 Order on Motion to Stay placed in U.S. Mail to Chris Sevier (asni, ) (Entered: 04/23/2014)

April 23, 2014

April 23, 2014

PACER
63

Mail Returned as Undeliverable. Addressee: Chris Sevier. Document Returned: 57 Proper Form Order (asni, ) (Entered: 05/06/2014)

May 5, 2014

May 5, 2014

PACER
70

ORDER LIFTING STAY and returning this matter to the active docket. The parties are hereby directed to jointly submit a proposed amended scheduling order and/or briefing schedule to the court by Wednesday October 15, 2014. ( Specific Document due by 10/15/2014.) Signed by Honorable J Michelle Childs on 10/7/2014. (asni, ) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

RECAP
71

CONSENT SCHEDULING ORDER Motions due by 10/23/2014, Responses to the Motions are due 14 days after the dates the respective motions are filed, Replies to the responses to motions must be filed 7 days after the respective responses are filed. If the Court decides to have a hearing, it will be scheduled no earlier than 14 days after the filing of replies. Signed by Honorable J Michelle Childs on 10/14/2014. (asni, ) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
73

TEXT ORDER: This matter is before the court pursuant to a motion filed pro se by Movant Chris Sevier ("Movant") to intervene in this matter. (ECF No. 55.) As a result of certain deficiencies in the motion, the court entered a "Proper Form Order" on April 23, 2014, giving Movant until May 19, 2014, to "sign the[] signature page of the Motion, Memorandum and Proposed Intervening Complaint and return to the Clerk[']s Office" and "provide the clerk with his full mailing address to include street number." (ECF No. 57 at 12.) The court also instructed Movant that any failure to comply with the Proper Form Order would "negatively impact[]" the adjudication of his motion. (Id. at 2.) Despite the court's warnings, Movant did not satisfy either of the requirements to bring his motion into proper form. Therefore, as a result of Movant's aforementioned failure to comply with the Proper Form Order and address specific deficiencies in his motion, the court must deny the motion of Chris Sevier to intervene in this matter without prejudice. denying 55 Motion to Intervene Signed by Honorable J Michelle Childs on 10/14/2014.(asni, ) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
74

***DOCUMENT MAILED 73 Order on Motion to Intervene placed in U.S. Mail to Chris Sevier (asni, ) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
75

MOTION for Summary Judgment by Katherine Bradacs, Tracie Goodwin. Response to Motion due by 11/6/2014. (Attachments: # 1 Memo in Support, # 2 Exhibit List of Cases, # 3 Exhibit Statutory Comparison, # 4 Exhibit Map, # 5 Affidavit Katherine Bradacs, # 6 Affidavit Tracie Goodwin, # 7 Exhibit List of Cases and Decisions Outside District)No proposed order.(Nichols, John) (Entered: 10/20/2014)

1 Memo in Support

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2 Exhibit List of Cases

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3 Exhibit Statutory Comparison

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4 Exhibit Map

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5 Affidavit Katherine Bradacs

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6 Affidavit Tracie Goodwin

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7 Exhibit List of Cases and Decisions Outside District

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Oct. 20, 2014

Oct. 20, 2014

PACER
76

MOTION for Leave to File Excess Pages by Nimrata Randhawa Haley, Alan M Wilson. Response to Motion due by 11/7/2014. No proposed order.(Smith, James) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER
77

TEXT ORDER granting 76 Motion for Leave to File Excess Pages. Signed by Honorable J Michelle Childs on 10/21/2014.(asni, ) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER
78

MOTION for Judgment on the Pleadings by Nimrata Randhawa Haley, Alan M Wilson. Response to Motion due by 11/10/2014. (Attachments: # 1 Memo in Support, # 2 Addendum Attachment A - Conde- Vidal v. Garcia - Padilla, # 3 Addendum Attachment B - 1712 Statute, # 4 Addendum Attachment C - 1871 Statute)No proposed order.(Smith, James) (Attachment 2 replaced on 10/27/2014) (asni, ). Modified to replace document at the request of the attorney to include complete documents that were inadvertently left out on 10/27/2014 (asni, ). (Entered: 10/23/2014)

1 Memo in Support

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2 Addendum Attachment A - Conde- Vidal v. Garcia - Padilla

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3 Addendum Attachment B - 1712 Statute

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4 Addendum Attachment C - 1871 Statute

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Oct. 23, 2014

Oct. 23, 2014

PACER
79

RESPONSE in Opposition re 75 MOTION for Summary Judgment Response filed by Nimrata Randhawa Haley, Alan M Wilson.Reply to Response to Motion due by 11/7/2014 (Smith, James) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
80

MOTION for Leave to File Excess Pages by Katherine Bradacs, Tracie Goodwin. Response to Motion due by 11/17/2014. No proposed order.(Nichols, John) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
81

TEXT ORDER granting 80 Motion for Leave to File Excess Pages. Signed by Honorable J Michelle Childs on 10/31/2014.(asni, ) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
82

RESPONSE to Motion re 78 MOTION for Judgment on the Pleadings Response filed by Katherine Bradacs, Tracie Goodwin.Reply to Response to Motion due by 11/10/2014 (Nichols, John) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

PACER
83

PRO SE MOTION to Intervene by Don Boyd. Response to Motion due by 11/20/2014. (Attachments: # 1 Affidavit of Don Boyd, # 2 Request for Judicial Notice)No proposed order.(asni, ) (Entered: 11/03/2014)

1 Affidavit of Don Boyd

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2 Request for Judical Notice

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Nov. 3, 2014

Nov. 3, 2014

PACER
84

MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Don Boyd. Response to Motion due by 11/20/2014. No proposed order.(asni, ) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER
85

REPLY to Response to Motion re 78 MOTION for Judgment on the Pleadings Response filed by Nimrata Randhawa Haley, Alan M Wilson. (Smith, James) (Entered: 11/04/2014)

Nov. 4, 2014

Nov. 4, 2014

PACER
86

Amicus Curiae APPEARANCE entered by Bert Glenn Utsey, III on behalf of Lawyers' Committee for Children's Rights. (Attachments: # 1 Supporting Documents Pawelski et al, The Effects of Marriage..., # 2 Supporting Documents Perrin et al, Promoting the Well-Being..., # 3 Supporting Documents Shapiro et al, The Impact of Birth Innovations..., # 4 Supporting Documents Smith, Equal Protection for Children...)(Utsey, Bert) (Entered: 11/05/2014)

1 Supporting Documents Pawelski et al, The Effects of Marriage ...

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2 Supporting Documents Perrin et al, Promoting the Well-Being ...

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3 Supporting Documents Shapiro et al, The Impact of Birth Innovations ...

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4 Supporting Documents Smith, Equal Protection for Children ...

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Nov. 5, 2014

Nov. 5, 2014

PACER
88

REPLY to Response to Motion re 75 MOTION for Summary Judgment Response filed by Katherine Bradacs, Tracie Goodwin. (Nichols, John) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
89

ORDER AND OPINION granting in part and denying in part 78 Motion for Judgment on the Pleadings. The court DENIES the Motion as to Plaintiffs' Amended Complaint finding that they have stated plausible allegations of constitutional violations in the denial of recognition by the State of South Carolina of Plaintiffs' same-sex marriage. Thus, it would be premature to grant Defendants' Motion based solely on the allegations in the pleadings. The court GRANTS the Motion as to Defendant Nimrata ("Nikki") Randhawa Haley's on Eleventh Amendment immunity grounds and DISMISSES her from this lawsuit. All other aspects of Defendants' Motion are DENIED. Signed by Honorable J Michelle Childs on 11/10/2014.(asni, ) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
91

MOTION to Stay arguendo this court grants summary judgment to plaintiffs, by Alan M Wilson. Response to Motion due by 12/1/2014. No proposed order.(Smith, James) (Entered: 11/10/2014)

Nov. 10, 2014

Nov. 10, 2014

PACER
92

***DOCUMENT MAILED 89 Order on Motion for Judgment on the Pleadings, placed in U.S. Mail to Don Boyd (asni, ) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER
93

CERTIFICATE OF SERVICE by Katherine Bradacs, Tracie Goodwin re 88 Reply to Response to Motion on Don Boyd (Attachments: # 1 Affidavit of Service)(Nichols, John) (Main Document 93 replaced on 11/12/2014) (alew, ). (Attachment 1 replaced on 11/12/2014) (alew, ). Modified on 11/12/2014 to replace with corrected documents provided by filing user (alew, ). (Entered: 11/12/2014)

1 Affidavit of Service

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Nov. 12, 2014

Nov. 12, 2014

PACER
95

ORDER AND OPINION denying 83 Motion to Intervene; finding as moot 84 Motion for Leave to Proceed in forma pauperis. Signed by Honorable J Michelle Childs on 11/17/2014.(asni, ) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

RECAP
96

***DOCUMENT MAILED 95 Order on Motion to Intervene, Order on Motion for Leave to Proceed in forma pauperis placed in U.S. Mail to Don Boyd (asni, ) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

PACER
97

ORDER AND OPINION granting in part and denying in part 75 Motion for Summary Judgment. The court GRANTS the Motion for Summary Judgment as to Plaintiffs' claims that South Carolina's denial of legal recognition to the marriages of same-sex couples who were married in other states or jurisdictions violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution. The court DENIES the Motion for Summary Judgment as to Plaintiffs' claim asserting that South Carolina's denial of legal recognition to the marriages of same-sex couples who were married in other states or jurisdictions violates the Full Faith and Credit Clause of the United States Constitution. Signed by Honorable J Michelle Childs on 11/18/2014.(asni, ) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

RECAP
98

TEXT ORDER: This matter is before the court pursuant to a motion by Defendant Alan M. Wilson ("Defendant"), in his official capacity as Attorney General, to stay pending appeal the relief granted to Plaintiffs in the order entered by the court on November 17, 2014 (the "November Order"). (ECF No. 91.) In the November Order, the court granted Plaintiffs' motion for summary judgment on their claims that South Carolina's denial of legal recognition to the marriages of same-sex couples who were married in other states or jurisdictions violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution. (ECF No. 97.) Defendant now requests that the November Order be "stayed until appellate review is completed at the Court of Appeals or that, alternatively, this Courts [November] order be stayed until such time as the Defendant can obtain a ruling from the Court of Appeals on a motion made in that Court to stay a summary judgment ruling." (ECF No. 91 at 1.) "[A] party seeking a stay must show (1) that he will likely prevail on the merits of the appeal, (2) that he will suffer irreparable injury if the stay is denied, (3) that other parties will not be substantially harmed by the stay, and (4) that the public interest will be served by granting the stay." Long v. Robinson, 432 F.2d 977, 979 (4th Cir. 1970). Upon review, the court is simply not persuaded that Defendant "will likely prevail on the merits of the appeal" or "suffer irreparable harm if the stay is denied." In this regard, Bostic establishes that the failure to recognize same-sex marriages runs contrary to the Fourteenth Amendment and Defendant has not suggested an appropriate reason to ignore this precedential authority. Because Bostic is controlling authority in this circuit, the court does not have any justification to continue the deprivation of Plaintiffs' constitutional rights. Accordingly, the court DENIES both Defendant's motion to stay pending appeal and his request for a temporary stay to allow the Fourth Circuit to consider his position. denying 91 Motion to Stay. Signed by Honorable J Michelle Childs on 11/18/2014.(asni, ) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

PACER
99

SUMMARY JUDGMENT in favor of plaintiffs against defendant. (asni, ) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

PACER
100

MOTION for Extension of Time to File Petition for Attorney's Fees and Costs by Katherine Bradacs, Tracie Goodwin. Response to Motion due by 12/19/2014. Proposed order is being emailed to chambers with copy to opposing counsel.(Nichols, John) (Main Document 100 replaced on 12/2/2014) (asni, ). Modified to replace document at the request of the attorneys on 12/2/2014 (asni, ). (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

RECAP
101

ORDER granting 100 MOTION for Extension of Time to File Petition for Attorney's Fees and Costs filed by Katherine Bradacs, Tracie Goodwin (Motion due by 12/16/2014, Response to Motion due by 1/13/2015.) Signed by Honorable J Michelle Childs on 12/2/2014. (asni, ) (Entered: 12/02/2014)

Dec. 2, 2014

Dec. 2, 2014

PACER
102

NOTICE OF APPEAL as to 97 Order on Motion for Summary Judgment,,, 89 Order on Motion for Judgment on the Pleadings,,, 99 Summary Judgment by Alan M Wilson. - Filing fee $ 505, receipt number 0420-5679535. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Smith, James) (Entered: 12/05/2014)

Dec. 5, 2014

Dec. 5, 2014

PACER
103

Transmittal Sheet for Notice of Appeal to USCA re 102 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (asni, ) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER
105

ORDER of USCA as to 102 Notice of Appeal, filed by Alan M Wilson. The court consolidates Case No. 14-2241(L)(2:14-cv-4010-RMG) and Case No. 14-2337. Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case. In light of the order entered this day in case No. 14-2241, both cases are now in abeyance. All briefing schedules are rescinded. (sshe, ) (Entered: 12/16/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
106

MOTION to Stay or Continue Atty's Fee Deadlines by Alan M Wilson. Response to Motion due by 1/5/2015. No proposed order.(Smith, James) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

RECAP
108

TEXT ORDER granting 106 Motion to Stay Attorney's fee and responsive memoranda in this case and proceedings related thereto until the Court of Appeals makes a final decision regarding the appeal in this case. Signed by Honorable J Michelle Childs on 12/17/2014.(asni, ) (Entered: 12/17/2014)

Dec. 17, 2014

Dec. 17, 2014

PACER
110

USCA MANDATE and ORDER voluntarily dismissing the case pursuant to Rule 42(b) of the FRAP as to 102 Notice of Appeal, filed by Alan M Wilson (Attachments: # 1 Order)(asni, ) Modified to correct filing date on 7/21/2015 (asni, ). (Entered: 07/21/2015)

1 Order

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July 20, 2015

July 20, 2015

PACER
111

TEXT ORDER: This matter is before the court to address the posture of the case regarding attorney's fees. Previously, on December 17, 2014, the court granted Defendant's Motion to Stay Attorney's Fee Deadlines until the Fourth Circuit Court of Appeals "makes a final decision regarding the appeal in this case." (ECF No. 106 at 2.) On July 20, 2015, the Fourth Circuit granted a motion to dismiss the appeal pursuant to Fed. R. App. P. 42(b). (ECF No. 110.) As a result, the court sua sponte lifts the aforementioned stay and hereby pursuant to Fed. R. Civ. P. 54(d) directs Plaintiffs to file their Motion for Attorney's Fees on or by Tuesday, August 4, 2015. Signed by Honorable J Michelle Childs on 7/21/2015. (asni, ) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

PACER
113

MOTION for Attorney Fees and Costs and Memo in Support by Katherine Bradacs, Tracie Goodwin. Response to Motion due by 8/21/2015. (Attachments: # 1 Affidavit with Supporting Documents for John Nichols, # 2 Affidavit with Supporting Documents for Carrie Warner, # 3 Affidavit with Supporting Documents for Laura Morgan)No proposed order.(Nichols, John) (Entered: 08/04/2015)

1 Affidavit with Supporting Documents for John Nichols

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2 Affidavit with Supporting Documents for Carrie Warner

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3 Affidavit with Supporting Documents for Laura Morgan

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Aug. 4, 2015

Aug. 4, 2015

RECAP
115

MOTION for Extension of Time to File Response/Reply as to 113 MOTION for Attorney Fees and Costs and Memo in Support by Alan M Wilson. Response to Motion due by 9/4/2015. No proposed order.(Smith, James) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER
116

TEXT ORDER granting 115 Motion for Extension of Time to File Response/Reply re 113 MOTION for Attorney Fees and Costs. Response to Motion due by 9/4/2015. Signed by Honorable J Michelle Childs on 8/18/2015.(asni, ) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER
117

MOTION for Attorney Fees Motion to Resolve Attorney's Fees and Costs by Alan M Wilson. Response to Motion due by 9/18/2015. Proposed order is being emailed to chambers with copy to opposing counsel.(Smith, James) (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

PACER
118

ORDER AND OPINION denying as moot 113 Motion for Attorney Fees; granting 117 Motion for Attorney Fees. Signed by Honorable J Michelle Childs on 9/3/2015.(asni, ) (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

RECAP
120

SATISFACTION OF JUDGMENT re 118 Order on Motion for Attorney Fees, by Alan M Wilson. (Attachments: # 1 Addendum Satisfaction of Judgment)(Smith, James) (Entered: 09/24/2015)

1 Addendum Satisfaction of Judgment

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Sept. 24, 2015

Sept. 24, 2015

PACER

Case Details

State / Territory: South Carolina

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 28, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Same-sex couple legally married in D.C., who are residents of South Carolina.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor of South Carolina, State

Attorney General of South Carolina, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Full faith and credit

Federalism (including 10th Amendment)

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $80,000

Issues

General:

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Sex discrimination

Sexual orientatation