Case: Tanco v. Haslam

3:13-cv-01159 | U.S. District Court for the Middle District of Tennessee

Filed Date: Oct. 21, 2013

Closed Date: March 25, 2016

Clearinghouse coding complete

Case Summary

This lawsuit by four (later three) same-sex couples legally married under the laws of other states was filed on October 21 in the U.S. District Court for the Middle District of Tennessee. It challenged Tennessee laws barring recognition of their marriages, alleging that those laws violate the federal Equal Protection and Due Process clauses, and the right to travel. Lawyers included private counsel and the National Center for Lesbian Rights. Tenn. Code Ann. § 36-3-113 provides that, among ot…

This lawsuit by four (later three) same-sex couples legally married under the laws of other states was filed on October 21 in the U.S. District Court for the Middle District of Tennessee. It challenged Tennessee laws barring recognition of their marriages, alleging that those laws violate the federal Equal Protection and Due Process clauses, and the right to travel. Lawyers included private counsel and the National Center for Lesbian Rights.

Tenn. Code Ann. § 36-3-113 provides that, among other things, "[i]f another state or foreign jurisdiction issues a license for persons to marry, which marriages are prohibited in this state, any such marriage shall be void and unenforceable in this state." The statute further provides that "it is [] the public policy of this state that the historical institution and legal contract solemnizing the relationship of (1) man and one (1) woman shall be the only legally recognized marital contract in this state in order to provide the unique and exclusive rights and privileges to marriage." The Tennessee Constitution, as amended in 2006 to incorporate the "Tennessee Marriage Protection Amendment" following a referendum, contains essentially the same provisions. Plaintiffs in this case did not directly challenge Tennessee's ban on new same-sex

marriages, only Tennessee's refusal to recognize marriages legally celebrated by same-sex couples in other states.

On November 19, 2013, plaintiffs sought a preliminary injunction requiring the state to recognize their marriages, pending a final decision on the merits. It sought individual relief for the six plaintiffs only. The district court granted the requested preliminary relief on March 14, 2014. Citing a "rising tide of persuasive post-Windsor federal caselaw," District Judge Aleta A. Trauger held that "it is no leap to conclude that the plaintiffs here are likely to succeed in their challenge to Tennessee's Anti-Recognition Laws." And the plaintiffs were being irreparably harmed by the Tennessee law: "Moreover, the evidence shows that the plaintiffs are suffering dignitary and practical harms that cannot be resolved through monetary relief. The state's refusal to recognize the plaintiffs' marriages de legitimizes their relationships, degrades them in their interactions with the state, causes them to suffer public indignity, and invites public and private discrimination and stigmatization." The court accordingly granted preliminary relief pending fuller adjudication. It commented, "At some point in the future, likely with the benefit of additional precedent from circuit courts and, perhaps, the Supreme Court, the court will be asked to make a final ruling on the plaintiffs' claims. At this point, all signs indicate that, in the eyes of the United States Constitution, the plaintiffs' marriages will be placed on an equal footing with those of heterosexual couples and that proscriptions against same-sex marriage will soon become a footnote in the annals of American history."

On November 6, 2014, the Sixth Circuit ruled on this and other cases from four states. DeBoer v. Snyder (PB-MI-0004 in this Clearinghouse). Obergefell v. Hodges (PB-OH-0003 in this Clearinghouse). Henry v. Hodges (PB-OH-0004 in this Clearinghouse). Love v. Beshear (PB-KY-0001 in this Clearinghouse). It was unwilling to find a Constitutional basis to deny states' authority to define marriage. On the Due Process and Equal Protection claims raised in this case, the court found that it was bound by Supreme Court precedent in Baker v. Nelson, 191 N.W.2d 185 (Minn. 1971), which it found not overruled by Windsor nor by "doctrinal developments". It found that the bans were plausibly rational, and neither in violation of the Constitution nor due to illegal animus or discrimination. It also held that "[i]f it is constitutional for a State to define marriage as a relationship between a man and a woman, it is also constitutional for the State to stand by that definition with respect to couples married in other States or countries." (DeBoer v. Snyder Page p. 38). Accordingly, the Sixth Circuit upheld the same-sex marriage bans in Ohio, Michigan, Kentucky, and Tennessee. 772 F.3d 388, 2014 U.S. App. LEXIS 21191, 2014 FED App. 0275P (6th Cir.), 2014 WL 5748990.

The Supreme Court granted certiorari review of all the Sixth Circuit cases on January 16, 2015. The Court rephrased the questions presented as: 1) Does the Fourteenth Amendment require a state to license marriage between two people of the same sex? 2) Does the Fourteenth Amendment require a state to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out-of-state? On June 26, 2015, the Court reversed in an opinion by Justice Kennedy. 135 S. Ct. 2071. The right to marry is fundamental, the Court held, and it demeans gay and lesbian couples to deprive them of access to marriage. The Fourteenth Amendment therefore does not allow states to ban same-sex marriage. Kennedy was joined without further writing by Justices Ginsburg, Breyer, Kagan, and Sotomayor. Each of the four dissenters--Chief Justice Roberts, and Justices Scalia, Thomas, and Alito--wrote a dissent.

On August 24, 2015, District Judge Aleta A. Trauger issued an order stating that: (1) a State may not refuse to recognize a marriage between two people of the same sex on the same terms and conditions as opposite-sex couples when such a marriage was lawfully entered into out of state; (2) Article XI, section 18, of the Tennessee Constitution and Tennessee Code Annotated § 36-3-113 were invalid; (3) Defendants and their employees are permanently enjoined from enforcing the foregoing provision; and (4) costs are taxed to the Defendants.

On March 25, 2016, the district court held that the plaintiffs’ motion for attorneys’ fees, costs, and expenses would be granted in part and denied in part. The plaintiffs’ request of $2,333,095.63 was reduced by 15%, and the plaintiff was awarded $1,983.131.29 in attorney’s fees and $52,916.04 in costs and expenses. 2016 WL 1171058.

The case is now closed.

Summary Authors

Thomas Topping (2/15/2015)

Dawn Lui (12/4/2018)

Related Cases

DeBoer v. Snyder, Eastern District of Michigan (2012)

Obergefell v. Hodges, Southern District of Ohio (2013)

Love v. Beshear, Western District of Kentucky (2013)

Henry v. Wymyslo, Southern District of Ohio (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5054573/parties/tanco-v-haslam/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Cook, Deborah L. (Ohio)

Daughtrey, Martha Craig (Tennessee)

Kennedy, Anthony McLeod (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Sutton, Jeffrey S. (Ohio)

Thomas, Clarence (District of Columbia)

Trauger, Aleta Arthur (Tennessee)

Attorneys(s) for Plaintiff

Cramer, Phillip C. (Tennessee)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Cook, Deborah L. (Ohio)

Daughtrey, Martha Craig (Tennessee)

Kennedy, Anthony McLeod (District of Columbia)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Sutton, Jeffrey S. (Ohio)

Thomas, Clarence (District of Columbia)

Trauger, Aleta Arthur (Tennessee)

Attorneys(s) for Plaintiff

Cramer, Phillip C. (Tennessee)

Farringer, John L. IV (Tennessee)

Harbison, William L. (Tennessee)

Hickman, Scott (Tennessee)

Holland, Maureen T. (Tennessee)

Lambert, Regina M. (Tennessee)

Minter, Shannon (California)

Orr, Asaf (California)

Rubenfeld, Abby R. (Tennessee)

Stoll, Christopher (California)

Attorneys(s) for Defendant

Campbell, Martha A. (Tennessee)

Rieger, Alexander Stuart (Tennessee)

Steiling, Kevin Gene (Tennessee)

Young, William Edwin (Tennessee)

Other Attorney(s)

Scruggs, Jonathan A (Arizona)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 17, 2016 Docket
1

Complaint

Oct. 21, 2013 Complaint
67

Memorandum [granting preliminary injunction]

7 F.Supp.3d 759

March 14, 2014 Order/Opinion
78

Memorandum and Order [Denying Motion to Stay]

2014 WL 1117069

March 20, 2014 Order/Opinion
184

Opinion [Reversing Judgment of the District Court]

U. S. Court of Appeals for the Sixth Circuit

772 F.3d 388

Nov. 6, 2014 Order/Opinion

Opinion [Consolidating Cases and Issuing Certiorari]

Supreme Court of the United States

135 S.Ct. 1040

Jan. 16, 2015 Order/Opinion

Opinion [Denying Motion to Intervene]

Supreme Court of the United States

135 S.Ct. 1169

Jan. 20, 2015 Order/Opinion

Supreme Court Opinion

Obergefell v. Kasich

Supreme Court of the United States

135 S.Ct. 2584

June 26, 2015 Order/Opinion
92

Final Order and Permanent Injunction

Aug. 24, 2015 Order/Opinion
133

Order

March 25, 2016 Order/Opinion

Resources

Title Description External URL

Tanco v. Haslam

Constitutional Accountability Center

Three same-sex couples validly married outside the state challenged Tennessee laws that prohibited the state from recognizing their marriages and that excluded them from the benefits of marriage avai… June 16, 2014 https://www.theusconstitution.org/litigation/tanco-v-haslam-6th-cir/

Oral Argument in Same Sex Marriage Cases

Oyez

The questions presented in this case are whether: <br /> <br />(1) Does the Fourteenth Amendment require a state to license a marriage between two people of the same sex? <br /> <br />(2) Does t… April 28, 2015 http://www.oyez.org/cases/2010-2019/2014/2014_14_556

Tanco v. Haslam

SCOTUSBlog

Holding: The Fourteenth Amendment requires a state to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawf… June 26, 2015 https://www.scotusblog.com/case-files/cases/tanco-v-haslam/

Tanco v. Haslam

National Center for Lesbian Rights

On October 21, 2013, NCLR filed a lawsuit on behalf of three legally married same-sex couples, challenging Tennessee laws that prevented the state from respecting their marriages and treating them th… June 26, 2015 https://www.nclrights.org/our-work/cases/tanco-v-haslam/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5054573/tanco-v-haslam/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against all Defendants (Filing fee $400, paid), filed by Valeria Tanco. (Attachments: # 1 Civil Cover Sheet)(la) (Entered: 10/21/2013)

1 Civil Cover Sheet

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Oct. 21, 2013 RECAP
2

MOTION for attorney(s) Christopher F. Stoll to Appear Pro Hac Vice (Fee paid) by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco. (dt) (Entered: 10/22/2013)

Oct. 21, 2013 PACER
3

CERTIFICATE OF GOOD STANDING of Attorney Christopher F. Stoll from the United States District Court for the Northern of California filed by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco. (dt) (Entered: 10/22/2013)

Oct. 21, 2013 PACER
4

MOTION for attorney(s) Shannon P. Minter to Appear Pro Hac Vice (Fee paid) by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco. (dt) (Entered: 10/22/2013)

Oct. 21, 2013 PACER
5

CERTIFICATE OF GOOD STANDING of Attorney Shannon P. Minter from the United States District Court for the Northern of California filed by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco. (dt) (Entered: 10/22/2013)

Oct. 21, 2013 PACER
6

MOTION for attorney(s) Asaf Orr to Appear Pro Hac Vice (Fee paid) by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco. (dt) Modified on 10/22/2013 (dt). (Entered: 10/22/2013)

Oct. 21, 2013 PACER
7

CERTIFICATE OF GOOD STANDING of Attorney Asaf Orr from the United States District Court for the Central of California filed by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco. (dt) (Entered: 10/22/2013)

Oct. 21, 2013 PACER
8

MOTION for attorney(s) Maureen T. Holland to Appear Pro Hac Vice (Fee paid) by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco. (dt) (Entered: 10/22/2013)

Oct. 21, 2013 PACER
9

CERTIFICATE OF GOOD STANDING of Attorney Maureen T. Holland from the United States District Court for the Western of Tennessee filed by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco. (dt) (Entered: 10/22/2013)

Oct. 21, 2013 PACER

Bar status for attorneys Abby Rubenfeld, William Harbison, Phillip Cramer, J. Scott Hickman, John Farringer IV, Maureen Holland and Regina Lambert of TN, Shannon Minter and Christopher Stoll of CA verified as active this date. (dt)

Oct. 22, 2013 PACER
10

Summons issued as to Robert Cooper, Bill Gibbons, William Edward (Bill) Haslam and Larry Martin. (dt) (Entered: 10/22/2013)

Oct. 22, 2013 PACER
11

NOTICE of Initial Case Management Conference set for 1/15/2014 at 03:00 PM before District Judge Aleta A. Trauger. (dt) (Entered: 10/22/2013)

Oct. 22, 2013 PACER
12

ORDER granting 2 Motion for Christopher F. Stoll to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 10/23/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 10/23/2013)

Oct. 23, 2013 PACER
13

ORDER granting 4 Motion for Shannon P. Minter to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 10/23/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 10/23/2013)

Oct. 23, 2013 PACER
14

ORDER granting 8 Motion for Maureen T. Holland to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 10/23/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 10/23/2013)

Oct. 23, 2013 PACER
15

ORDER granting 6 Motion for Asaf Orr to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 10/23/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) (Entered: 10/23/2013)

Oct. 23, 2013 PACER
16

RECEIPT # 34675028895 in the amount of $400 re 1 Complaint and RECEIPT #34675028897 in the amount of $300 re 2, 4, 6, and 8 Motions to Appear Pro Hac Vice for Attys. Stoll, Minter, Orr, and Holland.(hb) (Entered: 10/24/2013)

Oct. 23, 2013 PACER
17

SUMMONS returned executed by Matthew Mansell, Kellie Miller, Thomas Kostura, Ijpe DeKoe, Vanessa DeVillez, Sophy Jesty, Valeria Tanco, Johno Espejo. Robert Cooper served on 10/22/2013. (Hickman, Scott) (Entered: 10/24/2013)

Oct. 24, 2013 PACER
18

SUMMONS returned executed by Matthew Mansell, Kellie Miller, Thomas Kostura, Ijpe DeKoe, Vanessa DeVillez, Sophy Jesty, Valeria Tanco, Johno Espejo. Bill Gibbons served on 10/22/2013. (Hickman, Scott) (Entered: 10/24/2013)

Oct. 24, 2013 PACER
19

SUMMONS returned executed by Matthew Mansell, Kellie Miller, Thomas Kostura, Ijpe DeKoe, Vanessa DeVillez, Sophy Jesty, Valeria Tanco, Johno Espejo. Larry Martin served on 10/22/2013. (Hickman, Scott) (Entered: 10/24/2013)

Oct. 24, 2013 PACER
20

SUMMONS returned executed by Matthew Mansell, Kellie Miller, Thomas Kostura, Ijpe DeKoe, Vanessa DeVillez, Sophy Jesty, Valeria Tanco, Johno Espejo. William Edward (Bill) Haslam served on 10/22/2013. (Hickman, Scott) (Entered: 10/24/2013)

Oct. 24, 2013 PACER
21

MOTION for attorney(s) Regina M. Lambert to Appear Pro Hac Vice (paid $75 PHV fee; receipt number 0650-1633106) by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco, William L. Harbison. (Harbison, William) (w/ attached Certificate of Good Standing from the USDC/EDTN.) Modified Text on 10/29/2013 (dt). (Entered: 10/28/2013)

Oct. 28, 2013 PACER
22

ORDER granting 21 Motion for Regina M. Lambert to Appear Pro Hac Vice. Signed by District Judge Aleta A. Trauger on 10/29/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 10/29/2013)

Oct. 29, 2013 PACER
23

NOTICE of Appearance by Martha A. Campbell on behalf of All Defendants (Campbell, Martha) (Entered: 10/31/2013)

Oct. 31, 2013 PACER
24

NOTICE of Appearance by Kevin Gene Steiling on behalf of Robert Cooper, Bill Gibbons, William Edward (Bill) Haslam, Larry Martin (Steiling, Kevin) (Entered: 10/31/2013)

Oct. 31, 2013 PACER

Bar status for attorneys Kevin Steiling and Martha Campbell of TN verified as active this date. (dt)

Nov. 1, 2013 PACER
25

MOTION for Extension of Time to File Answer by Robert Cooper, Bill Gibbons, William Edward (Bill) Haslam, Larry Martin. (Attachments: # 1 Attachment Affidavit of Martha A. Campbell)(Campbell, Martha) (Entered: 11/12/2013)

1 Attachment Affidavit of Martha A. Campbell

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Nov. 12, 2013 PACER
26

ORDER granting 25 Motion for Extension of Time to Answer re 1 Complaint. Robert Cooper answer due 11/15/2013; Bill Gibbons answer due 11/15/2013; William Edward (Bill) Haslam answer due 11/15/2013; Larry Martin answer due 11/15/2013. Signed by District Judge Aleta A. Trauger on 11/13/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 11/13/2013)

Nov. 13, 2013 PACER
27

ANSWER to 1 Complaint by Robert Cooper, Bill Gibbons, William Edward (Bill) Haslam, Larry Martin.(Campbell, Martha) (Entered: 11/15/2013)

Nov. 15, 2013 PACER
28

MOTION for Leave to File Excess Pages in Memorandum in Support of Motion for Preliminary Injunction by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco. (Harbison, William) (Entered: 11/19/2013)

Nov. 19, 2013 PACER
29

MOTION for Preliminary Injunction by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco. (Harbison, William) (Entered: 11/19/2013)

Nov. 19, 2013 PACER
30

MEMORANDUM in Support of 29 MOTION for Preliminary Injunction filed by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco . (Harbison, William) (Entered: 11/19/2013)

Nov. 19, 2013 PACER
31

APPENDIX filed by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco re 30 Memorandum in Support. (Attachments: # 1 Attachment Obergefell v. Kasich, # 2 Attachment Garden State Equality v. Dow, # 3 Attachment Jones v. Hamilton Cnty Gov't, Tenn., # 4 Attachment In re Lenherr's Estate, # 5 Attachment Kerrigan v. Comm'r of Pub. Health, # 6 Attachment Varnum v. Brien, # 7 Attachment Dean v. District of Columbia)(Harbison, William) (Entered: 11/19/2013)

1 Attachment Obergefell v. Kasich

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2 Attachment Garden State Equality v. Dow

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3 Attachment Jones v. Hamilton Cnty Gov't, Tenn.

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4 Attachment In re Lenherr's Estate

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5 Attachment Kerrigan v. Comm'r of Pub. Health

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6 Attachment Varnum v. Brien

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7 Attachment Dean v. District of Columbia

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Nov. 19, 2013 PACER
32

NOTICE of Filing by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco re 29 MOTION for Preliminary Injunction (Attachments: # 1 Attachment Declaration of Valeria Tanco, # 2 Attachment Declaration of Sophy Jesty, # 3 Exhibit A to Declaration of Sophy Jesty, # 4 Exhibit B to Declaration of Sophy Jesty, # 5 Exhibit C to Declaration of Sophy Jesty, # 6 Exhibit D to Declaration of Sophy Jesty, # 7 Exhibit E to Declaration of Sophy Jesty, # 8 Attachment Declaration of Ijpe Dekoe, # 9 Attachment Declaration of Thomas Kostura, # 10 Attachment Declaration of Kellie Miller-Devillez, # 11 Exhibit A to Declaration of Kellie Miller-Devillez, # 12 Exhibit B to Declaration of Kellie Miller-Devillez, # 13 Exhibit C to Declaration of Kellie Miller-Devillez, # 14 Attachment Declaration of Vanessa Miller-Devillez, # 15 Attachment Declaration of Johno Espejo, # 16 Attachment Declaration of Matthew Mansell)(Harbison, William) (Entered: 11/19/2013)

1 Attachment Declaration of Valeria Tanco

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2 Attachment Declaration of Sophy Jesty

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3 Exhibit A to Declaration of Sophy Jesty

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4 Exhibit B to Declaration of Sophy Jesty

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5 Exhibit C to Declaration of Sophy Jesty

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6 Exhibit D to Declaration of Sophy Jesty

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7 Exhibit E to Declaration of Sophy Jesty

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8 Attachment Declaration of Ijpe Dekoe

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9 Attachment Declaration of Thomas Kostura

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10 Attachment Declaration of Kellie Miller-Devillez

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11 Exhibit A to Declaration of Kellie Miller-Devillez

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12 Exhibit B to Declaration of Kellie Miller-Devillez

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13 Exhibit C to Declaration of Kellie Miller-Devillez

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14 Attachment Declaration of Vanessa Miller-Devillez

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15 Attachment Declaration of Johno Espejo

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16 Attachment Declaration of Matthew Mansell

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Nov. 19, 2013 PACER
33

ORDER granting 28 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 11/20/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 11/20/2013)

Nov. 20, 2013 PACER
34

MOTION for Leave to File Excess Pages by Robert Cooper, Bill Gibbons, William Edward (Bill) Haslam, Larry Martin. (Campbell, Martha) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
35

RESPONSE in Opposition re 29 MOTION for Preliminary Injunction filed by Robert Cooper, Bill Gibbons, William Edward (Bill) Haslam, Larry Martin. (Campbell, Martha) (Entered: 12/06/2013)

Dec. 6, 2013 PACER
36

APPENDIX filed by All Defendants re 35 Response in Opposition to Motion. (Attachments: # 1 Attachment 1. Walker v. Mississippi, # 2 Attachment 2. Obergefell v. Kasich, # 3 Attachment 3. Andersen v. King County, # 4 Attachment 4. Donaldson v. State, # 5 Attachment 5. Planned Parenthood of Greater Texas Surgical Health Services v. Abbott)(Campbell, Martha) (Entered: 12/06/2013)

1 Attachment 1. Walker v. Mississippi

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2 Attachment 2. Obergefell v. Kasich

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3 Attachment 3. Andersen v. King County

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4 Attachment 4. Donaldson v. State

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5 Attachment 5. Planned Parenthood of Greater Texas Surgical Health Services v. A

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Dec. 6, 2013 PACER
37

NOTICE of Filing by Robert Cooper, Bill Gibbons, William Edward (Bill) Haslam, Larry Martin re 35 Response in Opposition to Motion Declaration of Mark Goins and Affidavit of Connie Walden (Attachments: # 1 Attachment Goins Declaration and Exhibit A, # 2 Attachment Walden Affidavit and Exhibits A & B)(Campbell, Martha) (Entered: 12/06/2013)

1 Attachment Goins Declaration and Exhibit A

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2 Attachment Walden Affidavit and Exhibits A & B

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Dec. 6, 2013 PACER
38

ORDER granting 34 Motion for Leave to File Excess Pages. Signed by District Judge Aleta A. Trauger on 12/9/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 12/09/2013)

Dec. 9, 2013 PACER
39

NOTICE of Appearance by Jonathan Scruggs on behalf of Family Action Council of Tennessee (Scruggs, Jonathan) (Entered: 12/09/2013)

Dec. 9, 2013 PACER
40

CORPORATE DISCLOSURE STATEMENT filed by Family Action Council of Tennessee. (Scruggs, Jonathan) (Entered: 12/09/2013)

Dec. 9, 2013 PACER
41

MOTION for Leave to File Amicus Brief by Family Action Council of Tennessee. (Attachments: # 1 Attachment Proposed Amicus Curiae Brief of Family Action Council of Tennessee)(Scruggs, Jonathan) Modified Text on 12/10/2013 (dt). (Entered: 12/09/2013)

1 Attachment Proposed Amicus Curiae Brief of Family Action Council of Tennessee

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Dec. 9, 2013 PACER

Bar status for attorney Jonathan A. Scruggs of AZ verified as active this date. (dt)

Dec. 10, 2013 PACER
42

ORDER granting 41 Motion for Leave to Amicus Brief. Signed by District Judge Aleta A. Trauger on 12/10/2013. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb) (Entered: 12/11/2013)

Dec. 11, 2013 PACER
43

AMICUS BRIEF filed by Family Action Council of Tennessee re 35 Response in Opposition to Motion for Preliminary Injunction. (hb) Modified text on 12/11/2013 (hb). (Entered: 12/11/2013)

Dec. 11, 2013 PACER
44

MOTION for Leave to File Reply Brief in Support of Motion for Preliminary Injunction by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco. (Hickman, Scott) (Entered: 12/11/2013)

Dec. 11, 2013 PACER
45

ORDER granting 44 Motion for Leave to file reply brief. Signed by District Judge Aleta A. Trauger on 12/20/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
46

REPLY to Response to Motion re 29 MOTION for Preliminary Injunction filed by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco. (Hickman, Scott) (Entered: 12/20/2013)

Dec. 20, 2013 PACER
47

APPENDIX filed by All Plaintiffs re 46 Reply to Response to Motion. (Attachments: # 1 Attachment 1996 Tenn Pub Acts 1031, # 2 Attachment Lindsley v Lindsley, # 3 Attachment Bowser v Bowser, # 4 Attachment Stoner v Stoner, # 5 Attachment Payne v Payne, # 6 Attachment Ochalek v Richmond, # 7 Attachment Baker v Nelson, # 8 Attachment Brief of Bipartisan LAG in Windsor, # 9 Attachment Varnum v Brien, # 10 Attachment In re Marriage Cases, # 11 Attachment Hight v Cox, # 12 Attachment Simpkins v CCA)(Hickman, Scott) (Entered: 12/20/2013)

1 Attachment 1996 Tenn Pub Acts 1031

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2 Attachment Lindsley v Lindsley

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3 Attachment Bowser v Bowser

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4 Attachment Stoner v Stoner

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5 Attachment Payne v Payne

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6 Attachment Ochalek v Richmond

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7 Attachment Baker v Nelson

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8 Attachment Brief of Bipartisan LAG in Windsor

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9 Attachment Varnum v Brien

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10 Attachment In re Marriage Cases

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11 Attachment Hight v Cox

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12 Attachment Simpkins v CCA

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Dec. 20, 2013 PACER
48

NOTICE of Filing by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco re 29 MOTION for Preliminary Injunction Notice of Supplemental Authority (Attachments: # 1 Attachment Obergefell v Wymyslo 13cv00501 SD Ohio Final Order Granting Relief and Injunction, # 2 Attachment Kitchen v Herbert 13-cv-00217 CD Utah Mem Dec and Order)(Hickman, Scott) (Entered: 12/24/2013)

1 Attachment Obergefell v Wymyslo 13cv00501 SD Ohio Final Order Granting Relief an

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2 Attachment Kitchen v Herbert 13-cv-00217 CD Utah Mem Dec and Order

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Dec. 24, 2013 PACER
49

ORDER: It is hereby ORDERED that the initial case management conference scheduled in this case for January 15, 2014 is CONTINUED, to be reset, if appropriate, following disposition of the pending motions. It is so ORDERED. ENTER this 10th day of January 2014. Signed by District Judge Aleta A. Trauger on 1/10/14. (af) (Entered: 01/10/2014)

Jan. 10, 2014 RECAP
50

MOTION to Intervene by Chris Sevier. (Attachments: # 1 Attachment Complaint for Damages and Injunctive Relief)(la) (Entered: 01/30/2014)

1 Attachment Complaint for Damages and Injunctive Relief

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Jan. 29, 2014 PACER
51

MEMORANDUM in Support of 50 MOTION to Intervene filed by Chris Sevier. (la) (Entered: 01/30/2014)

Jan. 29, 2014 PACER
52

ORDER denying 50 Motion to Intervene. Signed by District Judge Aleta A. Trauger on 1/31/14. (xc:Pro se party Chris Sevier by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(af) (Entered: 01/31/2014)

Jan. 31, 2014 PACER
53

CERTIFIED MAIL RECEIPT re 52 Order on Motion to Intervene. (la) (Entered: 02/03/2014)

Jan. 31, 2014 PACER
54

Certified Mail Return Receipt Card received 2/4/14 as to DE 52 Order on Motion to Intervene mailed to Chris Sevier and signed for by Ken Turner, no date specified.(la) (Entered: 02/05/2014)

Feb. 4, 2014 PACER
55

NOTICE by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco re 29 MOTION for Preliminary Injunction Notice of Supplemental Authority (Attachments: # 1 Attachment Memorandum Opinion in Bourke v. Beshear, # 2 Attachment Order in Bourke v. Beshear)(Orr, Asaf) (Entered: 02/12/2014)

1 Attachment Memorandum Opinion in Bourke v. Beshear

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2 Attachment Order in Bourke v. Beshear

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Feb. 12, 2014 PACER
56

NOTICE by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco re 29 MOTION for Preliminary Injunction Notice of Supplemental Authority (Attachments: # 1 Attachment Opinion and Order in Bostic v. Rainey)(Orr, Asaf) (Entered: 02/14/2014)

1 Attachment Opinion and Order in Bostic v. Rainey

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Feb. 14, 2014 PACER
57

MOTION to Intervene by Susan Martin. (Attachments: # 1 Attachment - DE#18 from case 3:14-cv-0209)(dt) (Entered: 02/26/2014)

1 Attachment - DE#18 from case 3:14-cv-0209

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Feb. 26, 2014 PACER
58

NOTICE by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco re 29 MOTION for Preliminary Injunction Notice of Supplemental Authority (Attachments: # 1 Attachment Order Granting Plaintiffs' Motion for Preliminary Injunction in DeLeon v. Perry)(Orr, Asaf) (Entered: 02/27/2014)

1 Attachment Order Granting Plaintiffs' Motion for Preliminary Injunction in

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Feb. 27, 2014 PACER
59

STIPULATION of Dismissal of Plaintiffs Kellie Miller and Vanessa DeVillez and Defendant Bill Gibbons by Ijpe DeKoe, Vanessa DeVillez, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Kellie Miller, Valeria Tanco, Larry Martin, William Edward (Bill) Haslam and Bill Gibbons. (Hickman, Scott) Modified Text on 3/10/2014 (dt). (Entered: 03/10/2014)

March 10, 2014 PACER
60

RESPONSE in Opposition re 57 MOTION to Intervene filed by Ijpe DeKoe, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Valeria Tanco. (Hickman, Scott) (Entered: 03/11/2014)

March 11, 2014 PACER
61

MOTION to Ascertain Status of Plaintiffs' Motion for Preliminary Injunction re 29 by Ijpe DeKoe, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Valeria Tanco. (Harbison, William) (Entered: 03/11/2014)

March 11, 2014 PACER
62

DECLARATION of Valeria Tanco filed by Ijpe DeKoe, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Valeria Tanco re: 61 MOTION to Ascertain Status of Plaintiffs' Motion for Preliminary Injunction re 29 . (Harbison, William) (Entered: 03/11/2014)

March 11, 2014 PACER
63

ORDER granting 61 Motion to Ascertain Status of the Case. Signed by District Judge Aleta A. Trauger on 3/12/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 03/12/2014)

March 12, 2014 RECAP
64

RESPONSE in Opposition re 57 MOTION to Intervene filed by Robert Cooper, Bill Gibbons, William Edward (Bill) Haslam, Larry Martin. (Campbell, Martha) (Entered: 03/12/2014)

March 12, 2014 PACER
65

CERTIFIED MAIL RECEIPT re 63 Order. (dt) (Entered: 03/12/2014)

March 12, 2014 PACER
66

MEMORANDUM AND ORDER: Martin's Motion to Intervene 57 is DENIED. Signed by District Judge Aleta A. Trauger on 3/14/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 03/14/2014)

March 14, 2014 RECAP
67

MEMORANDUM. Signed by District Judge Aleta A. Trauger on 3/14/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 03/14/2014)

March 14, 2014 RECAP
68

ORDER: For the reasons set forth in the accompanying Memorandum, the plaintiffs' Motion for Preliminary Injunction 29 is hereby GRANTED. The plaintiffs did not submit a proposed preliminary injunction order for the court's consideration. Therefore, the court has prepared and hereby ISSUES the accompanying Preliminary Injunction, which tracks the language of the relief requested in the plaintiffs' motion itself. (See Docket No. 29 at p. 3.) If either side believes that the language of the injunction should be modified, it may a file a motion for the courts consideration. Signed by District Judge Aleta A. Trauger on 3/14/14. (dt) (Entered: 03/14/2014)

March 14, 2014 RECAP
69

PRELIMINARY INJUNCTION. Signed by District Judge Aleta A. Trauger on 3/14/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) (Entered: 03/14/2014)

March 14, 2014 RECAP
70

Certified Mail Return Receipt Card received this date as to DE #63 mailed to Susan Martin signed for by illegible on 3/13/14. (dt) (Entered: 03/17/2014)

March 14, 2014 PACER
71

CERTIFIED MAIL RECEIPT re 66 Order. (dt) (Entered: 03/17/2014)

March 14, 2014 PACER
72

MOTION to Stay re 69 Preliminary Injunction, 67 Memorandum Opinion of the Court, 68 Order on Motion for Preliminary Injunction,, Pending Appeal by Robert Cooper, William Edward (Bill) Haslam, Larry Martin. (Campbell, Martha) (Entered: 03/18/2014)

March 18, 2014 PACER
73

MEMORANDUM in Support of 72 MOTION to Stay re 69 Preliminary Injunction, 67 Memorandum Opinion of the Court, 68 Order on Motion for Preliminary Injunction,, Pending Appeal filed by Robert Cooper, William Edward (Bill) Haslam, Larry Martin . (Attachments: # 1 Attachment Herbert v. Kitchen order, # 2 Attachment Bishop v. Holder order)(Campbell, Martha) (Entered: 03/18/2014)

1 Attachment Herbert v. Kitchen order

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2 Attachment Bishop v. Holder order

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March 18, 2014 PACER
74

NOTICE OF APPEAL as to 69 Preliminary Injunction, 67 Memorandum Opinion of the Court, 68 Order on Motion for Preliminary Injunction,, by Robert Cooper, William Edward (Bill) Haslam, Larry Martin. (Campbell, Martha) (Entered: 03/18/2014)

March 18, 2014 PACER
75

RECEIPT #34675030764 in the amount of $505.00 posted by State Attorney Generals Office for Robert Cooper, William Edward (Bill) Haslam, Larry Martin re 74 Notice of Appeal. (dt) (Entered: 03/18/2014)

March 18, 2014 PACER
76

Certified Mail Return Receipt Card received this date as to DE #66 mailed to Susan Martin signed for by Stephen C. Martin on 3/17/14. (dt) (Entered: 03/19/2014)

March 18, 2014 PACER

USCA Case Number 14-5297 for 74 Notice of Appeal filed by Larry Martin, William Edward (Bill) Haslam, Robert Cooper. Jill Colyer is Case Manager. (dt)

March 19, 2014 PACER
77

RESPONSE in Opposition re 72 MOTION to Stay re 69 Preliminary Injunction, 67 Memorandum Opinion of the Court, 68 Order on Motion for Preliminary Injunction,, Pending Appeal filed by Ijpe DeKoe, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Valeria Tanco. (Hickman, Scott) (Entered: 03/19/2014)

March 19, 2014 PACER
78

MEMORANDUM & ORDER: Therefore, for the reasons stated herein, the Motion to Stay is hereby DENIED. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 3/20/14. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw) (Entered: 03/20/2014)

March 20, 2014 RECAP
79

ORDER of USCA: Defendants' motion to stay the district court's order is GRANTED, and this case shall be assigned to a merits panel without delay.(dt) (Entered: 04/25/2014)

April 25, 2014 PACER
80

INFORMATION COPY from 6CCA: THIS CAUSE was heard on the record from the district court and was argued by counsel. IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the districtcourt is REVERSED. (MANDATE TO ISSUE) (af) (Entered: 11/06/2014)

Nov. 6, 2014 PACER
81

SUPREME COURT NOTICE to U.S. Sixth Circuit Court of Appeals re Notice of Appeal. (ds) (Entered: 01/20/2015)

Jan. 20, 2015 PACER
82

ORDER OF THE SUPREME COURT: The judgment of the Court of Appeals for the Sixth Circuit is reversed. It is so ordered. (af) (Entered: 06/26/2015)

June 26, 2015 PACER
83

MOTION to Establish Time to File Fee Petition by Ijpe DeKoe, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Valeria Tanco. (Hickman, J.) (Entered: 07/24/2015)

July 24, 2015 PACER
84

ORDER granting 83 Motion to Set Time to File Petition for Attorney's Fees, Costs, and Expenses. Signed by District Judge Aleta A. Trauger on 7/27/2015. (ds) (Entered: 07/27/2015)

July 27, 2015 PACER
85

SUPREME COURT NOTICE OF JUDGMENT: It is ordered and adjudged by Court that the judgment of the above court are reversed with costs. IT IS FURTHER ORDERED that the petitioners James Obergefell, et al., Valeria Tanco, et al., April DeBoer, et al., and Gregory Bourke, et al. recover from Richard Hodges, Director, Ohio Department of Health, et al., Bill Haslam, Governor of Tennessee, et al., Rick Snyder, Governor of Michigan, et al., and Steve Beshear, Governor of Kentucky Thirty-four Thousand Two Hundred Nine Dollars and Eighty Cents ($34,209.80) for costs herein expended. (ds) (Entered: 07/28/2015)

July 28, 2015 PACER
86

MOTION Entry of Final Order, MOTION for Permanent Injunction by Ijpe DeKoe, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Valeria Tanco. (Attachments: # 1 Attachment Final Order and Permanent Injunction)(Harbison, William) (Entered: 08/07/2015)

1 Attachment Final Order and Permanent Injunction

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Aug. 7, 2015 PACER
87

RESPONSE in Opposition re 86 MOTION Entry of Final Order MOTION for Permanent Injunction filed by Robert Cooper, Bill Gibbons, William Edward (Bill) Haslam, Larry Martin. (Attachments: # 1 Attachment Proposed Order)(Campbell, Martha) (Entered: 08/11/2015)

1 Attachment Proposed Order

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Aug. 11, 2015 PACER
88

REPLY to Response to Motion re 86 MOTION Entry of Final Order MOTION for Permanent Injunction filed by Ijpe DeKoe, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Valeria Tanco. (Harbison, William) (Entered: 08/13/2015)

Aug. 13, 2015 PACER
89

INFORMATION COPY from 6CCA: In light of the United States Supreme Court's decision, see Obergefell v. Hodges, 135 S. Ct. 2584 (2015), these appeals are remanded to the district courts from which they originated to allow further proceedings as necessary. The appeals are closed, and the mandate shall issue forthwith. (af) (Entered: 08/17/2015)

Aug. 17, 2015 PACER
90

MANDATE of USCA. (af) (Entered: 08/17/2015)

Aug. 17, 2015 PACER
91

MEMORANDUM AND ORDER OF THE COURT signed by District Judge Aleta A. Trauger on 8/24/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds) (Entered: 08/24/2015)

Aug. 24, 2015 RECAP
92

FINAL ORDER AND PERMANENT INJUNCTION signed by District Judge Aleta A. Trauger on 8/24/2015. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ds) (Entered: 08/24/2015)

Aug. 24, 2015 PACER
93

ENTRY OF JUDGMENT re 92 Final Order. (ds) (Entered: 08/24/2015)

Aug. 24, 2015 PACER
94

MOTION for Leave to File Excess Pages by Ijpe DeKoe, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Valeria Tanco. (Harbison, William) (Entered: 10/08/2015)

Oct. 8, 2015 PACER
95

(DISREGARD - ENTERED in ERROR) MOTION for Attorney Fees by Ijpe DeKoe, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Valeria Tanco. (Harbison, William) Modified Text on 10/9/2015 (dt). (Entered: 10/08/2015)

Oct. 8, 2015 PACER
96

(DISREGARD - ENTERED in ERROR) MEMORANDUM in Support of 95 MOTION for Attorney Fees filed by Ijpe DeKoe, Johno Espejo, Sophy Jesty, Thomas Kostura, Matthew Mansell, Valeria Tanco . (Attachments: # 1 Exhibit Fee Summary, # 2 Attachment Unreported Case)(Harbison, William) Modified Text on 10/9/2015 (dt). (Entered: 10/08/2015)

Oct. 8, 2015 PACER

State / Territory: Tennessee

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Oct. 21, 2013

Closing Date: March 25, 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three same-sex couples in Tennessee, whose marriages were lawfully entered in other states.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Lesbian Rights (NCLR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Tennessee, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Right to travel

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Amount Defendant Pays: 2,036,047.33

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Treatment

Marriage

Discrimination-basis:

Sexual orientatation

Affected Gender:

Female

Male