Case: Latta v. Otter

1:13-cv-00482 | U.S. District Court for the District of Idaho

Filed Date: Nov. 8, 2013

Closed Date: 2015

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Case Summary

On November 8, 2013, four same-sex couples from Idaho filed a lawsuit in the United States District Court or the District of Idaho under 42 U.S.C. § 1983 against the state of Idaho. The plaintiffs, represented by both private and public interest attorneys, asked the court to declare that Idaho laws banning same-sex marriage are in violation of the Constitution, to enjoin enforcement of these laws, and to require that the defendants issue marriage permits to same-sex couples and recognize same-s…

Specifically, the plaintiffs claimed that Idaho's ban on same-sex marriage and on recognition of same-sex marriages celebrated in other states deprives them of their Due Process rights under the Fourteenth Amendment to the United States Constitution, and that the ban on same-sex marriage violated their Equal Protection rights, constituting sexual orientation and gender discrimination.

On January 28, 2014, the Court granted the state's motion to intervene, citing Idaho's strong interest in the case. On May 13, 2014, the Court (Judge Candy Wagahoff Dale) granted the plaintiffs' motion for summary judgment and denied the defendants' motions for summary judgment and motions to dismiss. In its opinion, the Court declared that Idaho's marriage laws are unconstitutional and permanently enjoined the State of Idaho from enforcing any laws or regulations that do not recognize same-sex marriages validly contracted outside Idaho or prohibit same-sex couples from marrying in Idaho. Latta v. Otter, 2014 WL 1909999 (D. Idaho 2014).

The defendants appealed to the United States Court of Appeals (USCA). On May 15, 2014, the USCA granted a stay of the district court's injunction against enforcement of the same-sex marriage ban pending appeal.

On Oct. 7, 2014, a panel of the U.S. Court of Appeals for the Ninth Circuit (Judges Reinhardt, Berzon, and Gould) affirmed the district court's decision. 2014 WL 4977682. The court applied heightened scrutiny, and determined that the state had failed to identify any legitimate purpose for the same-sex marriage bans. In the same opinion, the court reversed the judgment in Sevcik v. Sandoval , a Nevada same-sex marriage case in which the district court had upheld the state's marriage ban. That same day, the court issued an order instructing that both lower courts promptly issue a permanent injunction enjoining the states from enforcing any same-sex marriage ban.

The next day, the state petitioned Justice Anthony Kennedy, the circuit justice for the 9th Circuit, for an emergency stay of the order. Justice Kennedy initially ordered the stay, but then reversed himself later in the day: The emergency stay would remain in effect for Nevada, but not for Idaho. 2014 WL 5025970. On Oct. 10, 2014, the Supreme Court officially denied the state's request for a stay and vacated Justice Kennedy's previous orders.

On October 13, 2014, the Ninth Circuit granted the Plaintiffs' motion to dissolve the stay.

Meanwhile, the defendants appealed to the Supreme Court, but the Supreme Court denied certiorari on June 30, 2015, four days after ruling same-sex marriage prohibitions were unconstitutional in Obergefell v. Hodges.

On December 19, 2014, the district court awarded the plaintiffs $401,663.08 in attorney fees and costs, and an additional $226,890.85 on Aug. 3, 2015.

	Document
1:13-cv-00482	Docket [Pacer]	Aug. 3, 2015	Aug. 3, 2015 Docket
1 1:13-cv-00482	Complaint for Declaratory and Injunctive Relief	Nov. 8, 2013	Nov. 8, 2013 Complaint
38 1:13-cv-00482 0:14-35420 0:14-35421	Order [allowing the state of Idaho to intervene]	Jan. 21, 2014	Jan. 21, 2014 Order/Opinion
42 1:13-cv-00482 0:14-35420 0:14-35421	First Amended Complaint for Declaratory and Injunctive Relief	Jan. 29, 2014	Jan. 29, 2014 Complaint
98 1:13-cv-00482	Memorandum Decision and Order	May 13, 2014	May 13, 2014 Order/Opinion 19 F.Supp.3d 1054
101 1:13-cv-00482 0:14-35420 0:14-35421	Judgment	May 13, 2014	May 13, 2014 Order/Opinion
180-1 1:13-cv-00482 0:14-35420	Opinion U.S. Court of Appeals for the Ninth Circuit	Oct. 7, 2014	Oct. 7, 2014 Order/Opinion 771 F.3d 456
187 1:13-cv-00482 0:14-35420	Stay Order [initial Justice Kennedy order staying 9th Cir. mandate] Otter v. Latta Supreme Court of the United States	Oct. 8, 2014	Oct. 8, 2014 Order/Opinion 135 S.Ct. 344
1:13-cv-00482 0:14-35420	Emergency Application for a Stay of the 9th Cir. Mandate Otter v. Latta Supreme Court of the United States	Oct. 8, 2014	Oct. 8, 2014 Pleading / Motion / Brief
188 1:13-cv-00482 0:14-35420	Stay removal [Justice Kennedy's reversal of his own order staying the 9th Cir. mandate] Otter v. Latta Supreme Court of the United States	Oct. 8, 2014	Oct. 8, 2014 Order/Opinion 135 S.Ct. 345

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 0976-1082349.), filed by All Plaintiffs. (Attachments: # 1 Cover Sheet, # 2 Summons Defendant Otter, # 3 Summons Defendant Rich)(Ferguson, Deborah) 1 Cover Sheet View on PACER 2 Summons Defendant Otter View on PACER 3 Summons Defendant Rich View on PACER	Nov. 8, 2013	Nov. 8, 2013 RECAP
2	MOTION FOR PRO HAC VICE APPEARANCE by Shannon P. Minter. ( Filing fee $ 225 receipt number 0976-1082369.)Deborah A Ferguson appearing for Plaintiffs Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, Rachael Robertson, Shelia Robertson, Lori Watsen, Sharene Watsen. Responses due by 12/2/2013 (Ferguson, Deborah)	Nov. 8, 2013	Nov. 8, 2013 PACER
3	MOTION FOR PRO HAC VICE APPEARANCE by Christopher F. Stoll. ( Filing fee $ 225 receipt number 0976-1082372.)Deborah A Ferguson appearing for Plaintiffs Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, Rachael Robertson, Shelia Robertson, Lori Watsen, Sharene Watsen. Responses due by 12/2/2013 (Ferguson, Deborah)	Nov. 8, 2013	Nov. 8, 2013 PACER
4	Corporate Disclosure Statement by Susan Latta. (Ferguson, Deborah)	Nov. 8, 2013	Nov. 8, 2013 PACER
5	DOCKET ENTRY ORDER approving 2 Motion for Pro Hac Vice Appearance of attorney Shannon Minter for Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, Rachael Robertson, Shelia Robertson, for Lori Watsen, Sharene Watsen; approving 3 Motion for Pro Hac Vice Appearance of attorney Christopher F Stoll for Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, Rachael Robertson, Shelia Robertson, Lori Watsen, Sharene Watsen. Per General Order 206, out-of-state counsel shall immediately register for ECF. (Notice sent to CM/ECF Registration Clerk) (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)	Nov. 8, 2013	Nov. 8, 2013 PACER
6	Summons Issued as to C.L. (Butch) Otter, Christopher Rich. (Print attached Summons for service.) (Attachments: # 1 Summons)(cjm) 1 Summons View on PACER	Nov. 8, 2013	Nov. 8, 2013 PACER
7	SUMMONS Returned Executed by Susan Latta. C.L. (Butch) Otter served on 11/12/2013, answer due 12/3/2013. (Ferguson, Deborah)	Nov. 12, 2013	Nov. 12, 2013 PACER
8	SUMMONS Returned Executed by Susan Latta. Christopher Rich served on 11/12/2013, answer due 12/3/2013. (Ferguson, Deborah)	Nov. 12, 2013	Nov. 12, 2013 PACER
	CORRECTIVE ENTRY - The entry docket number 7 Summons Returned Executed filed by Susan Latta was filed incorrectly in this case as it is a blank document. The filing party shall re-submit their correct filing using the event of "Errata" located under Other Documents and link to docket #7.(cjm)	Nov. 12, 2013	Nov. 12, 2013 PACER
9	ERRATA by Plaintiff Susan Latta re 7 Summons Returned Executed C.L. (Butch) Otter served on 11/12/2013. (Ferguson, Deborah)	Nov. 13, 2013	Nov. 13, 2013 PACER
10	NOTICE of Appearance by Theodore E Argyle on behalf of Christopher Rich (Argyle, Theodore)	Nov. 18, 2013	Nov. 18, 2013 PACER
11	STIPULATION of the parties by Susan Latta. (Durham, Craig)	Nov. 19, 2013	Nov. 19, 2013 RECAP
12	ORDER ON STIPULATION re 11 Stipulation. C.L. (Butch) Otter answer due 1/13/2014; Christopher Rich answer due 1/13/2014. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)	Nov. 19, 2013	Nov. 19, 2013 PACER
13	NOTICE of Hearing: Telephonic Scheduling Conference set for 1/15/2014 10:30 AM MST Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale. (Attachments: # 1 Litigation Plan Letter, # 2 Litigation Plan) (ah) 1 Litigation Plan Letter View on PACER 2 Litigation Plan View on PACER	Nov. 20, 2013	Nov. 20, 2013 PACER
14	NOTICE of Appearance by Thomas C. Perry on behalf of C.L. (Butch) Otter (Perry, Thomas)	Dec. 2, 2013	Dec. 2, 2013 PACER
15	NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for Andrea Altmayer, Amber Beierle, Traci Ehlers, Susan Latta, C.L. (Butch) Otter, Christopher Rich, Rachael Robertson, Shelia Robertson, Lori Watsen, Sharene Watsen re 14 Notice of Appearance, 1 Complaint, 10 Notice of Appearance Consent/Objection to Magistrate due by 2/3/2014. (cjm)	Dec. 2, 2013	Dec. 2, 2013 RECAP
16	Docket entry only - CONSENT to Magistrate Judge filed. (cjm)	Dec. 2, 2013	Dec. 2, 2013 PACER
17	AMENDED DOCKET ENTRY NOTICE of Hearing: Telephonic Scheduling Conference currently set for 1/15/2014 10:30 AM MST is hereby VACATED and RE-SET for 1/16/2014 02:30 PM MST Telephonic Hearing - Boise Courtroom 6 before Judge Candy W. Dale. Counsel for Plaintiff to initiate the conference call and when all parties are on the line, connect to the courtroom at 208-334-9945. Litigation Plan(s) to be filed on or before 1/9/2014. (ah)	Dec. 11, 2013	Dec. 11, 2013 PACER
18	MOTION to Intervene W Scott Zanzig appearing for Intervenor Defendant State of Idaho. Responses due by 1/6/2014 (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - Proposed Answer)(Zanzig, W) 1 Memorandum in Support View on PACER 2 Exhibit 1 - Proposed Answer View on PACER	Dec. 11, 2013	Dec. 11, 2013 PACER
19	NOTICE of Assignment to Magistrate Judge and Requirement for Consent sent to counsel for State of Idaho re 18 MOTION to Intervene Consent/Objection to Magistrate due by 2/13/2014. (cjm)	Dec. 12, 2013	Dec. 12, 2013 PACER
20	Docket entry only - CONSENT to Magistrate Judge filed. (cjm)	Dec. 12, 2013	Dec. 12, 2013 PACER
21	NOTICE by Christopher Rich of Non-Objection to State of Idaho's Motion to Intervene (Argyle, Theodore)	Dec. 13, 2013	Dec. 13, 2013 PACER
	CORRECTIVE ENTRY - The entry docket number 21 Notice (Other) filed by Christopher Rich was filed incorrectly in this case. The filing party shall re-submit their filing using the correct event of "Response to Motion" located under Responses and Replies as this correctly terms the Response deadline.(cjm)	Dec. 13, 2013	Dec. 13, 2013 PACER
22	RESPONSE to Motion re 18 MOTION to Intervene Notice of Non-Objection filed by Christopher Rich. Replies due by 12/30/2013.(Argyle, Theodore)	Dec. 13, 2013	Dec. 13, 2013 RECAP
23	Docket entry only - CONSENT to Magistrate Judge filed. (st) (Entered: 12/24/2013)	Dec. 23, 2013	Dec. 23, 2013 PACER
24	RESPONSE to Motion re 18 MOTION to Intervene Plaintiffs Response filed by Susan Latta. Replies due by 1/10/2014.(Ferguson, Deborah)	Dec. 24, 2013	Dec. 24, 2013 RECAP
25	CERTIFICATE OF SERVICE by Susan Latta re 24 Response to Motion to Intervene (Ferguson, Deborah)	Dec. 26, 2013	Dec. 26, 2013 RECAP
26	NOTICE of Substitution - Attorney W Scott Zanzig,Steven Lamar Olsen,Clay R Smith for Christopher Rich added. Attorney Theodore E Argyle terminated. (Zanzig, W)	Jan. 2, 2014	Jan. 2, 2014 PACER
27	NOTICE of Appearance by Cally Ann Younger on behalf of C.L. (Butch) Otter (Younger, Cally)	Jan. 7, 2014	Jan. 7, 2014 PACER
28	SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Susan Latta. (Attachments: # 1 Exhibit A to Plaintiffs' Litigation Plan)(Ferguson, Deborah) 1 Exhibit A to Plaintiffs' Litigation Plan View on RECAP	Jan. 7, 2014	Jan. 7, 2014 RECAP
29	SCHEDULING CONFERENCE FORM - LITIGATION PLAN by C.L. (Butch) Otter. (Perry, Thomas)	Jan. 8, 2014	Jan. 8, 2014 RECAP
30	MOTION to Dismiss W Scott Zanzig appearing for Defendant Christopher Rich. Responses due by 2/3/2014 (Attachments: # 1 Memorandum in Support, # 2 Attachment A (Part 1) Households and Families: 2010, 2010 Census Briefs, # 3 Attachment A (Part 2) Households and Families: 2010 Census Briefs, # 4 Attachment B Marriage Rates by State: 1990, 1995, and 1999-2011, # 5 Attachment C Births: Preliminary Data for 2012, National Vital Statistics Reports, # 6 Attachment D W. Bradford Wilson et al., Why Marriage Matters: Thirty Conclusions from Social Sciences (3d ed. 2011), # 7 Attachment E W. Kristen Anderson Moore et al., Marriage from a Child's Perspective: How Does Family Structure Affect Children, and What Can We Do About It? Child Research Brief (June 2002), # 8 Attachment F Paul R. Amato, The Impact of Family Formation Change on the Cognitive, Social, and Emotional Well-Being of the Next Generation, 15 Future of Children No. 2 (Fall 2005), # 9 Attachment G Elizabeth Wildsmith et al., Childbearing Outside of Marriage: Estimates and Trends in the United States, Child Research Brief (Nov. 2011), # 10 Attachment H Benjamin Scafide, Principal Investigator, The Taxpayer Costs of Divorce and Unwed Childbearing: First Ever Estimate for the Nation and All Fifty States (2008))(Zanzig, W) 1 Memorandum in Support View on PACER 2 Attachment A (Part 1) Households and Families: 2010, 2010 Census Briefs View on PACER 3 Attachment A (Part 2) Households and Families: 2010 Census Briefs View on PACER 4 Attachment B Marriage Rates by State: 1990, 1995, and 1999-2011 View on PACER 5 Attachment C Births: Preliminary Data for 2012, National Vital Statistics Repor View on PACER 6 Attachment D W. Bradford Wilson et al., Why Marriage Matters: Thirty Conclusion View on PACER 7 Attachment E W. Kristen Anderson Moore et al., Marriage from a Child's Per View on PACER 8 Attachment F Paul R. Amato, The Impact of Family Formation Change on the Cognit View on PACER 9 Attachment G Elizabeth Wildsmith et al., Childbearing Outside of Marriage: Esti View on PACER 10 Attachment H Benjamin Scafide, Principal Investigator, The Taxpayer Costs of Di View on PACER	Jan. 9, 2014	Jan. 9, 2014 RECAP
31	SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Christopher Rich. (Zanzig, W)	Jan. 9, 2014	Jan. 9, 2014 RECAP
32	REPLY to Response to Motion re 18 MOTION to Intervene filed by State of Idaho.(Zanzig, W)	Jan. 9, 2014	Jan. 9, 2014 PACER
33	ANSWER to 1 Complaint, by C.L. (Butch) Otter.(Perry, Thomas)	Jan. 13, 2014	Jan. 13, 2014 RECAP
34	AMENDED DOCKET ENTRY NOTICE of Hearing: Telephonic Scheduling Conference currently set for 1/16/2014 02:30 PM MST is hereby rescheduled to occur in-person, Boise - Courtroom 6 before Judge Candy W. Dale. Pro hac vice counsel will be allowed to appear via telephone. (same date and time as previously set) (ah)	Jan. 13, 2014	Jan. 13, 2014 PACER
35	DOCKET ENTRY NOTICE of Hearing on Motion: 18 MOTION to Intervene - Motion Hearing set for 1/16/2014 02:30 PM MST in Boise - Courtroom 6 before Judge Candy W. Dale. (ah)	Jan. 13, 2014	Jan. 13, 2014 PACER
36	ERRATA by Defendant Christopher Rich re 30 MOTION to Dismiss . (Smith, Clay)	Jan. 15, 2014	Jan. 15, 2014 RECAP
37	CASE MANAGEMENT ORDER. Amended Pleadings due by 1/31/2014. Joinder of Parties due by 1/31/2014. Motions for Summary Judgment due by 2/18/2014. Responses to motions for summary judgment due by 3/20/2014. Replies to responses to motions for summary judgment due by 4/4/2014. A hearing before the undersigned on all pending motions is scheduled for May 5, 2014 at 9:30 a.m. in Boise Courtroom 6. Signed by Judge Candy W. Dale. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjm)	Jan. 17, 2014	Jan. 17, 2014 RECAP
	Set Deadlines as to 30 MOTION to Dismiss . Responses due by 2/18/2014. Motion Hearing set for 5/5/2014 09:30 AM in Boise - Courtroom 6 before Judge Candy W. Dale. Per Order 37 . (cjm)	Jan. 17, 2014	Jan. 17, 2014 PACER

Case: Latta v. Otter

1:13-cv-00482 | U.S. District Court for the District of Idaho

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