Case: Jernigan v. Crane

4:13-cv-00410 | U.S. District Court for the Eastern District of Arkansas

Filed Date: July 15, 2013

Closed Date: Dec. 4, 2015

Clearinghouse coding complete

Case Summary

On July 15, 2013, three same-sex couples filed suit in the U.S. District Court for the Eastern District of Arkansas under 42 U.S.C. § 1983, challenging the constitutionality of Arkansas' laws prohibiting the marriage of same-sex couples and forbidding the recognition of legitimate same-sex marriages entered into in other states. The plaintiffs, represented by private counsel, asked the court for both declaratory and injunctive relief, alleging that Amendment 83 of the Arkansas Constitution vio…

On July 15, 2013, three same-sex couples filed suit in the U.S. District Court for the Eastern District of Arkansas under 42 U.S.C. § 1983, challenging the constitutionality of Arkansas' laws prohibiting the marriage of same-sex couples and forbidding the recognition of legitimate same-sex marriages entered into in other states. The plaintiffs, represented by private counsel, asked the court for both declaratory and injunctive relief, alleging that Amendment 83 of the Arkansas Constitution violated plaintiffs' rights under the Fourteenth Amendment of the United States Constitution. Two of the plaintiff couples sought to marry under the laws of Arkansas. The third plaintiff couple, married under the laws of New York, sought recognition of their marriage in Arkansas. Specifically, the plaintiffs asked the court to declare that Amendment 83 and other Arkansas laws denying same-sex couples from marrying were unconstitutional, and to require that the State permit same-sex couples to marry and recognize same-sex couples married under the laws of other states.

On July 18, 2013, Judge James Leon Holmes recused himself from the case due to long-standing, close personal and professional relationships with the drafters of Arkansas Amendment 83.

The defendants answered on November 21, 2013 and moved to dismiss the complaint. Plaintiffs then moved for summary judgment. The court (Judge Kristine G. Baker) heard both motions on November 20, 2014 and issued its opinion and order on November 25, 2014. Judge Baker struck down Arkansas' gay-marriage ban as unconstitutional on the basis that it restricted the plaintiffs' fundamental right to marry in violation of the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. However, the district court put its ruling on hold pending a timely appeal to the Eighth Circuit; the defendants filed notice of appeal on December 23, 2014.

The Eighth Circuit deferred further consideration on April 29, 2015, pending the Supreme Court's resolution of Obergefell v. Hodges. On June 26, 2015, the Supreme Court held that the 14th Amendment does not allow states to ban same-sex marriage. Justice Kennedy found that the right to marry is fundamental, and it demeans gay and lesbian couples to deprive them of access to marriage.

On August 11, 2015, in light of the decision in Obergefell, the Eighth Circuit affirmed the district court's ruling, holding that the challenged laws are unconstitutional. 796 F.3d 976.

The district court awarded the plaintiffs $19,950.00 in attorneys' fees, and the Eighth Circuit granted the plaintiffs $7,463.75 in attorneys' fees for the appeal.

The case is now closed.

Summary Authors

Carlyn Williams (11/1/2013)

Alex Wharton (12/2/2014)

Virginia Weeks (2/19/2018)

Related Cases

Rosenbrahn v. Daugaard, District of South Dakota (2014)

Lawson v. Jackson County Department of Recorder of Deeds, Western District of Missouri (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4128547/parties/jernigan-v-crane/


Judge(s)

Baker, Kristine Gerhard (Arkansas)

Benton, William Duane (Missouri)

Holmes, James Leon (Arkansas)

Kearney, Jesse L (Arkansas)

Smith, Lavenski R. (Arkansas)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Cowan, Sarah (Arkansas)

Mann, Angela Griffith (Arkansas)

Maples, Cheryl (Arkansas)

Pike, R. Keith (Arkansas)

Judge(s)

Baker, Kristine Gerhard (Arkansas)

Benton, William Duane (Missouri)

Holmes, James Leon (Arkansas)

Kearney, Jesse L (Arkansas)

Smith, Lavenski R. (Arkansas)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Cowan, Sarah (Arkansas)

Mann, Angela Griffith (Arkansas)

Maples, Cheryl (Arkansas)

Pike, R. Keith (Arkansas)

Wagoner, Jack III (Arkansas)

Attorneys(s) for Defendant

Fuqua, David M. (Arkansas)

Jorgensen, Colin R. (Arkansas)

Mahfouz, Nga (Arkansas)

Documents in the Clearinghouse

Document

4:13-cv-00410

Docket [PACER]

Dec. 4, 2015

Dec. 4, 2015

Docket
1-2

4:13-cv-00410

Complaint for Declaratory and Injunctive Relief

July 15, 2013

July 15, 2013

Complaint
3

4:13-cv-00410

Order of Recusal

July 18, 2013

July 18, 2013

Order/Opinion
40

4:13-cv-00410

Order and Opinion

64 F.Supp.3d 1260

Nov. 25, 2014

Nov. 25, 2014

Order/Opinion
68

4:13-cv-00410

15-01022

[USCA Opinion]

U. S. Court of Appeals for the Eighth Circuit

796 F.3d 976, 2015 WL 4731342

Aug. 11, 2015

Aug. 11, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4128547/jernigan-v-crane/

Last updated May 28, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by Rita and Pam Jernigan, Becca and Tara Austin, and Randy and Gary Eddy-McCain against all defts. Fee of $ 400 paid. (RECEIPT #LIT040870). Summons issued and returned to counsel. (Attachments: # 1 Civil Cover Sheet).(vjt) (The document with redacted exhibits was substituted as the attachment for the main document on 7/15/2013 at the request of the filing party and pursuant to instructions from Chambesr.)(thd) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

PACER
2

NOTICE OF DOCKET CORRECTION re: 1 Complaint. CORRECTION: The main document with redacted Exhibits was substituted as the attachment for docket entry 1 based on the attached request and pursuant to instructions from Chambers. (thd) (Entered: 07/15/2013)

July 15, 2013

July 15, 2013

RECAP
3

ORDER OF RECUSAL directing the Clerk to assign this action to another judge. Signed by Judge J. Leon Holmes on 7/18/2013. (kdr) (Entered: 07/18/2013)

July 18, 2013

July 18, 2013

RECAP
4

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Pursuant to 3 Order of Recusal, the Clerk's office has reassigned the case to Judge Kristine G. Baker. (plm) (Entered: 07/18/2013)

July 18, 2013

July 18, 2013

PACER

Summons Issued as to Larry Crane, Dustin McDaniel. (jap)

Nov. 12, 2013

Nov. 12, 2013

PACER
5

NOTICE of Appearance by Nga Mahfouz on behalf of Dustin McDaniel (Mahfouz, Nga) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
6

NOTICE of Appearance by David M. Fuqua on behalf of Larry Crane (Fuqua, David) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
7

ANSWER to 1 Complaint, with Motion to Dismiss on the Ground of Comity by Larry Crane.(Fuqua, David) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

RECAP
8

BRIEF IN SUPPORT re 7 Answer to Complaint with Motion to Dismiss on the Ground of Comity filed by Larry Crane. (Fuqua, David) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER
9

MOTION for Extension of Time to File Answer re 1 Complaint, by Dustin McDaniel (Mahfouz, Nga) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

RECAP
10

ORDER granting 9 separate defendant Arkansas Attorney General Dustin McDaniel's motion for extension of time to respond to plaintiff's complaint. Defendant Attorney General McDaniel shall have until 1/6/2014, to file an answer to plaintiffs' complaint. Signed by Judge Kristine G. Baker on 12/2/2013. (kdr) (Entered: 12/02/2013)

Dec. 2, 2013

Dec. 2, 2013

RECAP
11

MOTION for Extension of Time to File Answer by Mike Beebe, Dustin McDaniel (Mahfouz, Nga) (Entered: 01/06/2014)

Jan. 6, 2014

Jan. 6, 2014

RECAP
12

ORDER granting 11 Motion for Extension of Time to Answer filed by Arkansas Attorney General Dustin McDaniel. If the motion to amend complaint is filed and denied, McDaniel shall have ten days from this Court's Order denying the motion to amend to file an answer or otherwise respond to plaintiffs original complaint. If the motion to amend is granted, he shall have the time permitted by the Federal Rules of Civil Procedure to answer or otherwise respond to the amended complaint. Signed by Judge Kristine G. Baker on 1/6/2014. (mcz) (Entered: 01/07/2014)

Jan. 7, 2014

Jan. 7, 2014

PACER
13

Unopposed MOTION to Amend/Correct Complaint by All Plaintiffs (Wagoner, Jack) (Entered: 01/07/2014)

Jan. 7, 2014

Jan. 7, 2014

PACER
14

NOTICE of Appearance by Sarah Cowan on behalf of All Plaintiffs (Cowan, Sarah) (Entered: 01/14/2014)

Jan. 14, 2014

Jan. 14, 2014

PACER
15

ORDER granting 13 Motion to Amend/Correct Complaint. Plaintiffs shall file an amended complaint on or before January 17, 2014. Signed by Judge Kristine G. Baker on 1/15/14. (kpr) (Entered: 01/15/2014)

Jan. 15, 2014

Jan. 15, 2014

PACER
16

AMENDED COMPLAINT against All Defendants, filed by Becca Austin, Rita Jernigan, Tara Austin, Pam Jernigan (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Wagoner, Jack) (Entered: 01/17/2014)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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Jan. 17, 2014

Jan. 17, 2014

PACER
17

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by George Hopkins, Dustin McDaniel, Richard Weiss (Mahfouz, Nga) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
18

BRIEF IN SUPPORT re 17 Motion to Dismiss for Failure to State a Claim filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

RECAP
19

ANSWER to 16 Amended Complaint, by Larry Crane.(Fuqua, David) (Entered: 01/31/2014)

Jan. 31, 2014

Jan. 31, 2014

PACER
22

Summons Issued as to George Hopkins, Richard Weiss. (jap) (Entered: 02/07/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
20

SUMMONS Returned Executed by Becca Austin, Rita Jernigan, Tara Austin, Pam Jernigan. George Hopkins served on 2/6/2014. (Wagoner, Jack) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
21

SUMMONS Returned Executed by Becca Austin, Rita Jernigan, Tara Austin, Pam Jernigan. Richard Weiss served on 2/6/2014. (Wagoner, Jack) (Entered: 02/07/2014)

Feb. 7, 2014

Feb. 7, 2014

PACER
23

RESPONSE in Opposition re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Wagoner, Jack) (Entered: 02/14/2014)

Feb. 14, 2014

Feb. 14, 2014

RECAP
24

MOTION for Summary Judgment by All Plaintiffs (Attachments: # 1 Document Brief in Support, # 2 Document Statement of Undisputed Material Facts)(Mann, Angela) (Entered: 07/16/2014)

1 Document Brief in Support

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2 Document Statement of Undisputed Material Facts

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July 16, 2014

July 16, 2014

PACER
25

BRIEF IN SUPPORT re 24 Motion for Summary Judgment filed by All Plaintiffs. (Mann, Angela) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

PACER
26

NOTICE of Appearance by Cheryl K. Maples on behalf of All Plaintiffs (Maples, Cheryl) (Entered: 07/25/2014)

July 25, 2014

July 25, 2014

PACER
27

RESPONSE to Motion re 24 MOTION for Summary Judgment filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 07/30/2014)

July 30, 2014

July 30, 2014

RECAP
28

BRIEF IN SUPPORT re 27 Response to Motion FOR SUMMARY JUDGMENT filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 07/30/2014)

July 30, 2014

July 30, 2014

PACER
29

RESPONSE to Motion re 24 MOTION for Summary Judgment RESPONSE TO PLAINTIFFS' STATEMENT OF UNDISPUTED MATERIAL FACTS filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 07/30/2014)

July 30, 2014

July 30, 2014

PACER
30

MOTION to Stay by George Hopkins, Dustin McDaniel, Richard Weiss (Mahfouz, Nga) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
31

BRIEF IN SUPPORT re 30 Motion to Stay filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

RECAP
32

RESPONSE to Motion re 30 MOTION to Stay filed by All Plaintiffs. (Mann, Angela) (Entered: 08/13/2014)

Aug. 13, 2014

Aug. 13, 2014

RECAP
33

BRIEF IN SUPPORT re 32 Response to Motion filed by All Plaintiffs. (Mann, Angela) (Entered: 08/13/2014)

Aug. 13, 2014

Aug. 13, 2014

RECAP
34

ORDER denying as moot 30 separate defendants' motion to stay. Signed by Judge Kristine G. Baker on 10/17/2014. (rhm) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
35

NOTICE of Hearing on Motion 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and 24 MOTION for Summary Judgment. Motion Hearing set for 11/20/2014 at 01:30 PM in Little Rock Courtroom #4C before Judge Kristine G. Baker.(tmw) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
36

NOTICE by All Plaintiffs re 24 MOTION for Summary Judgment, 25 Brief in Support (Mann, Angela) (Entered: 11/18/2014)

Nov. 18, 2014

Nov. 18, 2014

PACER
37

NOTICE by All Plaintiffs re 24 MOTION for Summary Judgment, 25 Brief in Support (Mann, Angela) (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

PACER
38

NOTICE by All Plaintiffs (Mann, Angela) (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

PACER
39

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Kristine G. Baker: Motion Hearing held on 11/20/2014 re 24 MOTION for Summary Judgment filed by Plaintiffs, 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dustin McDaniel, Richard Weiss, George Hopkins. Present for the Plaintiffs J. Wagoner, A. Mann, C. Maples, and K. Pike; Present for the Defendants N. Mahfouz, D. Fuqua and J. Cordi. After arguments by the parties, the Court took the matter under advisement. A separate order will follow. (Court Reporter Elaine Hinson.) (tmw) (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

PACER
40

OPINION AND ORDER granting in part and denying in part 17 Separate Defendants' motion to dismiss and 24 plaintiffs' motion for summary judgment; granting in part plaintiffs' request for declaratory and injunctive relief; and staying execution of the injunction pending the final disposition of any timely appeal to the Eighth Circuit Court of Appeals. Signed by Judge Kristine G. Baker on 11/25/2014. (rhm) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

RECAP
41

JUDGMENT entered consistent with the 40 Opinion and Order. Signed by Judge Kristine G. Baker on 11/25/2014. (thd) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

RECAP
42

MOTION to Extend Time by All Plaintiffs (Attachments: # 1 Supplement, # 2 Affidavit)(Maples, Cheryl) (Entered: 12/12/2014)

1 Supplement

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2 Affidavit

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Dec. 12, 2014

Dec. 12, 2014

PACER
43

MOTION for Attorney Fees by All Plaintiffs (Attachments: # 1 Supplement, # 2 Exhibit)(Maples, Cheryl) (Entered: 12/12/2014)

1 Supplement

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2 Exhibit

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Dec. 12, 2014

Dec. 12, 2014

PACER
44

RESPONSE in Opposition re 43 MOTION for Attorney Fees filed by Larry Crane. (Fuqua, David) (Entered: 12/22/2014)

Dec. 22, 2014

Dec. 22, 2014

PACER
45

BRIEF IN SUPPORT re 44 Response in Opposition to Motion filed by Larry Crane. (Fuqua, David) (Entered: 12/22/2014)

Dec. 22, 2014

Dec. 22, 2014

PACER
46

NOTICE OF APPEAL as to 40 Memorandum & Opinion,, Terminate Motions, 41 Judgment by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

RECAP
47

RESPONSE to Motion re 43 MOTION for Attorney Fees filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

RECAP
48

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 46 Notice of Appeal filed by Rita and Pam Jernigan and Becca and Tara Austin re: 40 Memorandum & Opinion and 41 Judgment. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (mcz) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

PACER
49

RESPONSE to Motion re 43 MOTION for Attorney Fees and Motion for Court to Set Fee Application Deadline Upon Completion of Pending Appeal filed by All Plaintiffs. (Mann, Angela) (Entered: 12/23/2014)

Dec. 23, 2014

Dec. 23, 2014

RECAP
50

USCA Docketing Letter and Briefing Schedule as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss and George Hopkins. USCA Case Number 15-1022 (mcz) (Entered: 01/08/2015)

Jan. 7, 2015

Jan. 7, 2015

PACER
51

ORDER of USCA as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins. The appellant has failed to pay to the Clerk of the United States District Court the requisite docketing fees. Appellant is directing to show cause, within 14 days of the date of this order, why this appeal should not be dismissed for failure to prosecute. (mcz) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
52

USCA Appeal Fees received $ 505 paid, receipt number LIT049769 re 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins. (mcz) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

PACER
53

Emergency MOTION to Vacate Stay of Judgment by All Plaintiffs (Wagoner, Jack) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
54

BRIEF IN SUPPORT re 53 Motion to Vacate Stay of Judgment filed by All Plaintiffs. (Wagoner, Jack) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
55

Amended MOTION to Vacate Stay of Judgment by All Plaintiffs (Wagoner, Jack) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

PACER
56

BRIEF IN SUPPORT re 55 Motion to Vacate Stay of Judgment filed by All Plaintiffs. (Wagoner, Jack) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

PACER
57

ORDER directing defendants to respond to plaintiffs' expedited motion to vacate stay of judgment by Monday, 3/2/2015. Signed by Judge Kristine G. Baker on 2/24/2015. (ljb) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
58

RESPONSE to Motion re 55 Amended MOTION to Vacate Stay of Judgment filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Attachments: # 1 Exhibit 1. Order Setting Cases for Oral Argument, # 2 Exhibit 2. Order Denying Motion to Vacate)(Mahfouz, Nga) (Entered: 03/02/2015)

1 Exhibit 1. Order Setting Cases for Oral Argument

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2 Exhibit 2. Order Denying Motion to Vacate

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March 2, 2015

March 2, 2015

PACER
59

ORDER denying 53 plaintiffs' expedited motion to vacate stay of judgment. Signed by Judge Kristine G. Baker on 03/04/2015. (rhm) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER
60

AMENDED 59 ORDER denying Plaintiffs' 53 Expedited Motion to Vacate Stay of Judgment. Signed by Judge Kristine G. Baker on 3/4/2015. (mcz) Modified on 3/6/2015 to correct typographical error(mcz). (Docket entry modified on 3/6/2015 to correct the linkage, the file date, the signature date and the description of the document filed.) (thd). (Entered: 03/06/2015)

March 4, 2015

March 4, 2015

PACER
61

ORDER of USCA as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss and George Hopkins: On 3/4/2015, the appellants notified the court that the district court had entered an order declining to lift the stay in this matter. In light of this ruling, the appellants' motion for stay is dismissed as moot. (mcz) (Entered: 03/06/2015)

March 5, 2015

March 5, 2015

PACER

NOTICE OF DOCKET CORRECTION re: 60 Order. CORRECTION: The docket entry was modified to correct the file date and the signature date to 3/4/2015, as marked on the order. The entry was modified to correct the linkage and the description of the document filed as "AMENDED 59 ORDER denying Plaintiffs' 53 Expedited Motion to Vacate Stay of Judgment." (thd)

March 9, 2015

March 9, 2015

PACER
62

Transcript of Hearing on Motions filed for the date of November 20, 2014, before Judge Kristine G. Baker, re 46 Notice of Appeal. Court Reporter Elaine Hinson. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 3/30/2015. Redaction Request due 4/10/2015. Redacted Transcript Deadline set for 4/20/2015. Release of Transcript Restriction set for 6/18/2015. (plm) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER
63

Transmitted Record on Appeal to US Court of Appeals re 46 Notice of Appeal: Transcript of 11/20/2014 Hearing on Motions. (mcz) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
64

Letter from Clerk, USCA regarding Same Sex Marriage Oral Arguments scheduled for 5/12/2015 - Action requested. (mcz) (Docket text modified on 4/21/2015 to correct the description of the document filed.) (thd). (Entered: 04/21/2015)

April 21, 2015

April 21, 2015

PACER

NOTICE OF DOCKET CORRECTION re: 64 Letter. CORRECTION: The docket text was modified to correct the description of the document filed as "Letter from Clerk, USCA regarding Same Sex Marriage Oral Arguments." (thd)

April 21, 2015

April 21, 2015

PACER
65

ORDER of USCA as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins: On the court's own motion, oral arguments and any further consideration of these cases will be deferred pending the Supreme Court of the United States decisions in Nos. 14-556, 14-562, 14-571, and 14-574 James Obergefell, et al. v. Richard Hodges, etc., et al. (mcz) (Entered: 04/29/2015)

April 29, 2015

April 29, 2015

PACER
66

Letter from Clerk, USCA Requesting counsel to send a letter directly to the Clerk of the Court, Eighth Circuit Court of Appeals, by 7/8/2015, expressing their views concerning the steps the court should take to dispose of this appeal. (mcz) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

PACER
67

NOTICE of Appearance by Colin R. Jorgensen on behalf of George Hopkins, Dustin McDaniel, Richard Weiss (Jorgensen, Colin) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER
68

OPINION of USCA as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins. (mcz) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
69

USCA JUDGMENT as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins: The judgment of the district court in this cause is affirmed in accordance with the opinion of this Court. Arkansas's motion to vacate the district court's order is denied. (mcz) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

PACER
70

MOTION to Lift Stay by All Plaintiffs (Wagoner, Jack) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

PACER
71

MOTION for Attorney Fees by All Plaintiffs (Wagoner, Jack) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
72

MANDATE of USCA in accordance with the opinion and judgment of 08/11/2015, as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins. (mcz) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
73

RESPONSE in Opposition re 71 MOTION for Attorney Fees filed by Larry Crane. (Attachments: # 1 Exhibit Order Dismissing Appeal in Arkansas Supreme Court)(Fuqua, David) (Entered: 09/03/2015)

1 Exhibit Order Dismissing Appeal in Arkansas Supreme Court

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Sept. 3, 2015

Sept. 3, 2015

PACER
74

RESPONSE in Opposition re 71 MOTION for Attorney Fees filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Jorgensen, Colin) (Entered: 09/04/2015)

Sept. 4, 2015

Sept. 4, 2015

PACER
75

MOTION for Extension of Time to File Response/Reply by All Plaintiffs (Wagoner, Jack) (Entered: 09/11/2015)

Sept. 11, 2015

Sept. 11, 2015

PACER
76

REPLY to Response to Motion re 43 MOTION for Attorney Fees filed by All Plaintiffs. (Maples, Cheryl) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

PACER
77

ORDER granting 75 Motion for Extension of Time. Plaintiff's shall have until September 15, 2015, to file a reply in support of their motion for attorney's fees. Signed by Judge Kristine G. Baker on 9/14/2015. (jak) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

PACER
78

ORDER granting 70 plaintiffs' motion to lift the stay. The Court hereby vacates or lifts the stay of the injunctive relief granted in the Court's November 25, 2014, Opinion and Order and Judgment 40 and 41 . Signed by Judge Kristine G. Baker on 9/14/2015. (ljb) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

RECAP
79

ORDER of USCA as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins: Appellees are granted attorneys' fees in the amount of $7,463.75 to be recovered from the appellants as attorneys' fees on appeal. (mcz) (Entered: 09/15/2015)

Sept. 14, 2015

Sept. 14, 2015

PACER
80

REPLY to Response to Motion re 75 MOTION for Extension of Time to File Response/Reply filed by All Plaintiffs. (Wagoner, Jack) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

PACER
81

MOTION to Strike 80 Reply to Response to Motion by All Plaintiffs (Attachments: # 1 Exhibit)(Maples, Cheryl) (Entered: 09/23/2015)

1 Exhibit

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Sept. 23, 2015

Sept. 23, 2015

PACER
82

RESPONSE to Motion re 81 MOTION to Strike 80 Reply to Response to Motion filed by All Plaintiffs. (Wagoner, Jack) (Entered: 10/07/2015)

Oct. 7, 2015

Oct. 7, 2015

PACER
83

ORDER finding that plaintiffs' counsel are entitled to attorneys' fees and costs as the prevailing party in this case. The Court has calculated and modified the lodestar amount for Ms. Maples and Mr. Wagoner's requests. The Court finds that Ms. Maples is entitled to a fee award of $1,590.00. The Court denies her requests for costs. The Court awards Mr. Wagoner, Ms. Mann, Mr. Kemp, Mr. Pike, and Ms. Cowan a combined $18,360.00. Both fee awards are solely against the State, not Mr. Crane. The Court denies all remaining motions. Signed by Judge Kristine G. Baker on 12/04/2015. (rhm) (Entered: 12/04/2015)

Dec. 4, 2015

Dec. 4, 2015

RECAP

Case Details

State / Territory: Arkansas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: July 15, 2013

Closing Date: Dec. 4, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two lesbian couples wishing to marry and a gay couple married under the laws of New York seek recognition of their marriage under the state laws of Arkansas challenge Arkansas's prohibition on same-sex marriage.

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 Arkansas, State

Attorney General's Office, State

County Clerk's Office (Pulaski), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: 27413.75

Order Duration: 2015 - None

Issues

General:

Disparate Impact

Disparate Treatment

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Sexual orientatation

Affected Gender:

Female

Male