Case: De Leon v. Perry

5:13-cv-00982 | U.S. District Court for the Western District of Texas

Filed Date: Oct. 28, 2013

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On October 28, 2013, two couples filed this lawsuit in the U.S. District Court for the Western District of Texas. Represented by private counsel, they argued that Texas's ban on same-sex marriage violated their federal Due Process and Equal Protection Rights. All four plaintiffs were Texas residents. One couple married in Massachusetts in 2009, and sought recognition of that marriage, which was denied because both were women. The other couple wished to be married in Texas, but were denied a license by the Bexar County Clerk because they were both men. Plaintiffs sought an immediate preliminary injunction against enforcement of Article I, § 32 of the Texas Constitution and corresponding provisions in the Texas' Family Code

Texas Family Code § 2.001, enacted in its current form in 1997, prohibited the county clerk of any Texas county from issuing a license for the marriage of persons of the same sex. In 2003, the Texas Legislature further amended the Texas Family Code to add § 6.204, which, among other things, prohibited recognition in Texas of lawful same-sex marriages from other jurisdictions. S.B. 7, 78th Leg., Reg. Sess. (Tex. 2003); H.B. 38, 78th Leg., Reg. Sess. (Tex. 2003). Section 6.204 declared void all marriages between persons of the same sex and all civil unions. Tex. Fam. Code § 6.204(b).

In 2005, after approval by Texas' legislature, a proposed constitutionalization of the ban on same-sex marriage was placed on the ballot as Proposition 2; it passed with approximately 76% of the vote. Therefore, the Texas Constitution subsequently defined marriage as the union of one man and one woman and prevented Texas and its political subdivisions from recognizing same-sex marriages. Tex. Const. Art. 1 § 32. Not only did it prevent same-sex couples from marrying, the Texas Constitution expressly bared Texas and its political subdivisions from "creat[ing] or recogniz[ing] any legal status identical or similar to marriage."

The plaintiffs' challenged all of these provisions.

After a hearing on the preliminary injunction, the District Court (Judge Orlando Garcia) found for the plaintiffs on February 26, 2014, holding that the ban on same-sex marriage violated both the equal protection and due process rights of the plaintiffs. 975 F.Supp.2d 632. The Court stayed its own order pending appeal in the U.S. Court of Appeals for the Fifth Circuit. On October 7, 2014, the Court of Appeals granted the same-sex couples' motion to expedite oral argument. On December 12, 2014, the District Court (Judge Orlando Garcia) denied the plaintiffs' motion to lift the stay. The Fifth Circuit heard argument on January 9, 2015.

Meanwhile, on June 26, 2015, the Supreme Court decided Obergefell v Hodges, a case challenging the constitutionality of a similar same-sex marriage ban in Ohio. In this case, the Supreme Court held that a state ban on same-sex marriage violated the Fourteenth Amendment. In light of this decision in Obergefell, both parties in this case agreed that the District Court properly granted the preliminary injunction. On June 26, 2015, the plaintiffs' filed an unopposed motion to lift the stay of the preliminary injunction, which was granted by the District Court (Judge Garcia) on the same day. The Fifth Circuit affirmed the preliminary injunction on June 29, 2015 and remanded the case back to District Court.

Back in District Court on July 7, 2015, Judge Garcia entered the final judgment in favor of the plaintiffs. On September 4, 2015, the plaintiffs filed a motion for $720,794.00 in attorneys' fees and $20,202.90 in costs. Judge Garcia granted this motion in part on November 30, 2015, by awarding the full amount requested in costs ($20,202.90) and only $585,470.30 in attorney's fees.

The defendant appealed this decision to the Fifth Circuit. On May 10, 2017, the Fifth Circuit affirmed the District Court's decision. The plaintiffs filed another motion for attorney's fees on May 30, 2017 to recover the cost of litigating against the defendant's appeal. On the following day, Judge Garcia of the District Court granted the motion, increasing the plaintiffs' total amount received in attorney's fees to $630,673.20.

The satisfaction of judgment was entered on November 29, 2017. This case is now closed.

Summary Authors

Margo Schlanger (2/26/2014)

Mackenzie Walz (3/18/2018)

Zahrn v. Perry, Western District of Texas (2013)

Freeman v. Parker, Southern District of Texas (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401073/parties/deleon-v-perry/

Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Chasnoff, Barry A. (Texas)

Cooley, Michael P. (Texas)

Attorney for Defendant

Bowen, Susan A (Texas)

Deane, William T. (Texas)

Expert/Monitor/Master/Other

Judge(s)

Garcia, Orlando Luis (Texas)

Attorney for Plaintiff

Chasnoff, Barry A. (Texas)

Cooley, Michael P. (Texas)

Lane, Daniel McNeel (Texas)

Newman, Andrew F. (Texas)

Pepping, Matthew (Texas)

Stenger-Castro, Frank (Texas)

Weisel, Jessica (Texas)

Attorney for Defendant

Bowen, Susan A (Texas)

Deane, William T. (Texas)

Keller, Scott A. (Texas)

Klusmann, Beth (Texas)

Lee, Summer R. (Texas)

Mitchell, Jonathan F. (Texas)

Murphy, Michael P. (Texas)

Rietvelt, Marc (Texas)

Other

Wilson, Robert Paul (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

5:13-cv-00982	Docket [PACER]	Nov. 29, 2017	Nov. 29, 2017 Docket
1 5:13-cv-00982	Plaintiffs' Original Complaint for Declaratory and Injunctive Relief	Oct. 28, 2013	Oct. 28, 2013 Complaint
28 5:13-cv-00982	PLAINTIFFS' OPPOSED MOTION FOR PRELIMINARY INJUNCTION ENJOINING DEFENDANTS FROM ENFORCING TEXAS' SAME-SEX MARRIAGE BAN	Nov. 27, 2013	Nov. 27, 2013 Pleading / Motion / Brief 2013 WL 6980897
73 5:13-cv-00982	Order Granting Plaintiffs' Motion for Preliminary Injunction	Feb. 26, 2014	Feb. 26, 2014 Order/Opinion 975 F.Supp.2d 632
91 5:13-cv-00982	Order Denying Plaintiffs' Motion To Lift The Stay Of Injunction	Dec. 12, 2014	Dec. 12, 2014 Order/Opinion
98 5:13-cv-00982	Final Judgment	July 7, 2015	July 7, 2015 Order/Opinion
118 5:13-cv-00982	Plaintiffs' Motion for Attorneys' Fees and Costs De Leon v. Abbott	Sept. 4, 2015	Sept. 4, 2015 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401073/deleon-v-perry/

Last updated Aug. 21, 2026, 5:26 a.m.

Docket for: DeLeon v. Perry

ECF Number	Date	Description	Link
31	Nov. 29, 2011	ORDER GRANTING 30 Motion for Extension of Time to File Response/Reply. Signed by Judge Orlando L. Garcia. (rg) (Entered: 12/03/2013)	RECAP
1	Oct. 28, 2013	COMPLAINT For Declaratory and Injunctive Relief ( Filing fee $ 400 receipt number 0542-5970046). No Summons requested at this time, filed by Mark Phariss, Cleopatra DeLeon, Victor Holmes, Nicole Dimetman. (Attachments: # 1 Civil Cover Sheet)(Chasnoff, Barry) (Attachment 1 replaced on 5/12/2014) (rf). (Entered: 10/28/2013) 1 Civil Cover Sheet View on PACER	RECAP
	Oct. 28, 2013	If ordered by the court, all referrals will be assigned to Magistrate Judge Mathy. (rg)
	Oct. 28, 2013	Case Assigned to Judge Orlando L. Garcia. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (rg)
2	Oct. 29, 2013	REQUEST FOR ISSUANCE OF SUMMONS by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. Rick Perry, in his official capacity as Governor of the State of Texas (Chasnoff, Barry) (Main Document 2 replaced on 5/12/2014) (rf). (Entered: 10/29/2013)	RECAP
3	Oct. 29, 2013	REQUEST FOR ISSUANCE OF SUMMONS by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. David Lakey, in his official capacity as Commissioner of the Texas Department of State Health Services (Chasnoff, Barry) (Main Document 3 replaced on 5/12/2014) (rf). (Entered: 10/29/2013)	RECAP
4	Oct. 29, 2013	REQUEST FOR ISSUANCE OF SUMMONS by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. Gerard Rickhoff, in his official capacity as Bexar County Clerk (Chasnoff, Barry) (Main Document 4 replaced on 5/12/2014) (rf). (Entered: 10/29/2013)	RECAP
5	Oct. 29, 2013	REQUEST FOR ISSUANCE OF SUMMONS by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. Greg Abbott in his official capacity as Texas Attorney General (Chasnoff, Barry) (Main Document 5 replaced on 5/12/2014) (rf). (Entered: 10/29/2013)	RECAP
6	Oct. 29, 2013	REQUEST FOR ISSUANCE OF SUMMONS by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. Rick Perry in his official capacity as Governor of the State of Texas (Chasnoff, Barry) (Main Document 6 replaced on 5/12/2014) (rf). (Entered: 10/29/2013)	RECAP
7	Oct. 29, 2013	REQUEST FOR ISSUANCE OF SUMMONS by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. Greg Abbott in his official capacity as Texas Attorney General (Chasnoff, Barry) (Main Document 7 replaced on 5/12/2014) (rf). (Entered: 10/29/2013)	RECAP
8	Oct. 29, 2013	REQUEST FOR ISSUANCE OF SUMMONS by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. David Lakey in his official capacity as Commissioner of the Texas Department of State Health Services (Chasnoff, Barry) (Main Document 8 replaced on 5/12/2014) (rf). (Entered: 10/29/2013)	RECAP
9	Oct. 29, 2013	REQUEST FOR ISSUANCE OF SUMMONS by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. Gerard Rickhoff in his official capacity as Bexar County Clerk (Chasnoff, Barry) (Main Document 9 replaced on 5/12/2014) (rf). (Entered: 10/29/2013)	RECAP
10	Oct. 29, 2013	Summons Issued as to Rick Perry. (rg) (Entered: 10/29/2013)	RECAP
11	Oct. 29, 2013	Summons Issued as to Greg Abbott. (rg) (Entered: 10/29/2013)	RECAP
12	Oct. 29, 2013	Summons Issued as to David Lakey. (rg) (Entered: 10/29/2013)	RECAP
13	Oct. 29, 2013	Summons Issued as to Gerard Rickhoff. (rg) (Entered: 10/29/2013)	RECAP
14	Nov. 1, 2013	SUMMONS Returned Executed by Mark Phariss, Cleopatra DeLeon, Victor Holmes, Nicole Dimetman. Greg Abbott served on 10/30/2013, answer due 11/20/2013. (Chasnoff, Barry) (Entered: 11/01/2013)	RECAP
15	Nov. 1, 2013	SUMMONS Returned Executed by Mark Phariss, Cleopatra DeLeon, Victor Holmes, Nicole Dimetman. David Lakey served on 10/30/2013, answer due 11/20/2013. (Chasnoff, Barry) (Entered: 11/01/2013)	RECAP
16	Nov. 1, 2013	SUMMONS Returned Executed by Mark Phariss, Cleopatra DeLeon, Victor Holmes, Nicole Dimetman. Rick Perry served on 10/30/2013, answer due 11/20/2013. (Chasnoff, Barry) (Entered: 11/01/2013)	RECAP
17	Nov. 1, 2013	SUMMONS Returned Executed by Mark Phariss, Cleopatra DeLeon, Victor Holmes, Nicole Dimetman. Gerard Rickhoff served on 10/29/2013, answer due 11/19/2013. (Chasnoff, Barry) (Entered: 11/01/2013)	RECAP
18	Nov. 5, 2013	NOTICE of Federal Rule of Civil Procedure 5.1 Notice of a Constitutional Challenge by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss (Chasnoff, Barry) (Entered: 11/05/2013)	RECAP
19	Nov. 19, 2013	NOTICE of Plaintiffs' Response to Defendants' Opposed Motion to Consolidate Trial and Scheduling Deadlines [Dkt. No. 17, filed in Case No. A13-cv-0631] by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss (Lane, Daniel) (Entered: 11/19/2013)	RECAP
20	Nov. 20, 2013	MOTION to Dismiss Defendant Bexar County Clerk Rickhoff's Motion to Be Dismissed from Plaintiffs' Original Complaint for Declaratory and Injunctive Relief Pursuant to Rule 12(b)(6) by Gerard Rickhoff. (Attachments: # 1 Proposed Order)(Bowen, Susan) (Entered: 11/20/2013) 1 Proposed Order View on PACER	RECAP
21	Nov. 20, 2013	Defendants ' ANSWER to 1 Complaint, by Greg Abbott, David Lakey, Rick Perry.(Deane, William) (Entered: 11/20/2013)	RECAP
22	Nov. 21, 2013	MOTION to Appear Pro Hac Vice by Daniel McNeel Lane, Jr for Jessica M. Weisel ( Filing fee $ 25 receipt number 0542-6037258) by on behalf of Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Attachments: # 1 Proposed Order)(Lane, Daniel) (Entered: 11/21/2013) 1 Proposed Order View on PACER	RECAP
23	Nov. 21, 2013	NOTICE of Attorney Appearance by Daniel McNeel Lane, Jr on behalf of Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss (Lane, Daniel) (Entered: 11/21/2013)	RECAP
24	Nov. 22, 2013	Unopposed MOTION for Leave to Exceed Page Limitation on Plaintiffs' Motion for Preliminary Injunction Enjoining Defendants from Enforcing Texas' Same-Sex Marriage Ban by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Attachments: # 1 Exhibit A-Opposed Motion for Preliminary Injunction, # 2 Appendix, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11, # 14 Exhibit 12, # 15 Exhibit 13, # 16 Exhibit 14, # 17 Exhibit 15, # 18 Exhibit 16, # 19 Exhibit 17, # 20 Exhibit 18, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30)(Lane, Daniel) (Entered: 11/22/2013) 1 Exhibit A-Opposed Motion for Preliminary Injunction View on RECAP 2 Appendix View on PACER 3 Exhibit 1 View on PACER 4 Exhibit 2 View on PACER 5 Exhibit 3 View on PACER 6 Exhibit 4 View on PACER 7 Exhibit 5 View on PACER 8 Exhibit 6 View on PACER 9 Exhibit 7 View on PACER 10 Exhibit 8 View on PACER 11 Exhibit 9 View on PACER 12 Exhibit 10 View on PACER 13 Exhibit 11 View on PACER 14 Exhibit 12 View on PACER 15 Exhibit 13 View on PACER 16 Exhibit 14 View on PACER 17 Exhibit 15 View on PACER 18 Exhibit 16 View on PACER 19 Exhibit 17 View on PACER 20 Exhibit 18 View on PACER 21 Exhibit 19 View on PACER 22 Exhibit 20 View on PACER 23 Exhibit 21 View on PACER 24 Exhibit 22 View on PACER 25 Exhibit 23 View on PACER 26 Exhibit 24 View on PACER 27 Exhibit 25 View on PACER 28 Exhibit 26 View on PACER 29 Exhibit 27 View on PACER 30 Exhibit 28 View on PACER 31 Exhibit 29 View on PACER 32 Exhibit 30 View on PACER	RECAP
25	Nov. 22, 2013	SUPPLEMENT to 24 Unopposed MOTION for Leave to Exceed Page Limitation on Plaintiffs' Motion for Preliminary Injunction Enjoining Defendants from Enforcing Texas' Same-Sex Marriage Ban Additional Attachments to Document #24 by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Attachments: # 1 Exhibit 31, # 2 Exhibit 32, # 3 Exhibit 33, # 4 Exhibit 34, # 5 Exhibit 35, # 6 Exhibit 36, # 7 Exhibit 37, # 8 Exhibit 38, # 9 Exhibit 39, # 10 Exhibit 40, # 11 Exhibit 41, # 12 Exhibit 42, # 13 Exhibit 43, # 14 Exhibit 44, # 15 Exhibit 45, # 16 Exhibit 46, # 17 Exhibit 47, # 18 Exhibit 48, # 19 Exhibit 49, # 20 Exhibit 50, # 21 Exhibit 51, # 22 Exhibit 52, # 23 Exhibit 53, # 24 Exhibit 54, # 25 Exhibit 55, # 26 Exhibit 56, # 27 Exhibit 57, # 28 Exhibit 58)(Lane, Daniel) (Entered: 11/22/2013) 1 Exhibit 31 View on PACER 2 Exhibit 32 View on PACER 3 Exhibit 33 View on PACER 4 Exhibit 34 View on PACER 5 Exhibit 35 View on PACER 6 Exhibit 36 View on PACER 7 Exhibit 37 View on PACER 8 Exhibit 38 View on PACER 9 Exhibit 39 View on PACER 10 Exhibit 40 View on PACER 11 Exhibit 41 View on PACER 12 Exhibit 42 View on PACER 13 Exhibit 43 View on PACER 14 Exhibit 44 View on PACER 15 Exhibit 45 View on PACER 16 Exhibit 46 View on PACER 17 Exhibit 47 View on PACER 18 Exhibit 48 View on PACER 19 Exhibit 49 View on PACER 20 Exhibit 50 View on PACER 21 Exhibit 51 View on PACER 22 Exhibit 52 View on PACER 23 Exhibit 53 View on PACER 24 Exhibit 54 View on PACER 25 Exhibit 55 View on PACER 26 Exhibit 56 View on PACER 27 Exhibit 57 View on PACER 28 Exhibit 58 View on PACER	RECAP
	Nov. 22, 2013	Text Order GRANTING 22 Motion to Appear Pro Hac Vice of Jessica Weisel. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. entered by Judge Orlando L. Garcia. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ju)
26	Nov. 26, 2013	Unopposed MOTION for Extension of Time to File Response/Reply as to 24 Unopposed MOTION for Leave to Exceed Page Limitation on Plaintiffs' Motion for Preliminary Injunction Enjoining Defendants from Enforcing Texas' Same-Sex Marriage Ban by Greg Abbott, David Lakey, Rick Perry. (Attachments: # 1 Proposed Order)(Deane, William) (Entered: 11/26/2013) 1 Proposed Order View on PACER	RECAP
27	Nov. 27, 2013	ORDER GRANTING 24 Motion for Leave to File Excess Pages. Signed by Judge Orlando L. Garcia. (rg) (Entered: 11/27/2013)	RECAP
28	Nov. 27, 2013	OPPOSED MOTION for Preliminary Injunction by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (rg) (Entered: 11/27/2013)	RECAP
29	Nov. 27, 2013	APPENDIX to 28 MOTION for Preliminary Injunction by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, David Lakey, Rick Perry, Mark Phariss. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30)(rg) (Entered: 11/27/2013) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9 View on PACER 10 Exhibit 10 View on PACER 11 Exhibit 11 View on PACER 12 Exhibit 12 View on PACER 13 Exhibit 13 View on PACER 14 Exhibit 14 View on PACER 15 Exhibit 15 View on PACER 16 Exhibit 16 View on PACER 17 Exhibit 17 View on PACER 18 Exhibit 18 View on PACER 19 Exhibit 19 View on PACER 20 Exhibit 20 View on PACER 21 Exhibit 21 View on PACER 22 Exhibit 22 View on PACER 23 Exhibit 23 View on PACER 24 Exhibit 24 View on PACER 25 Exhibit 25 View on PACER 26 Exhibit 26 View on PACER 27 Exhibit 27 View on PACER 28 Exhibit 28 View on PACER 29 Exhibit 29 View on PACER 30 Exhibit 30 View on PACER	RECAP
32	Nov. 29, 2013	ORDER GRANTING 26 Motion for Extension of Time to File Response/Reply. Signed by Judge Orlando L. Garcia. (rg) (Entered: 12/03/2013)	RECAP
30	Dec. 2, 2013	MOTION for Extension of Time to File Response/Reply Defendant Rickhoff's Unopposed Motion for Extension of Time to File Response to Plaintiffs' Motion for Preliminary Injunction by Gerard Rickhoff. (Attachments: # 1 Proposed Order)(Bowen, Susan) (Entered: 12/02/2013) 1 Proposed Order View on PACER	RECAP
33	Dec. 9, 2013	Response in Opposition to Motion, filed by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss, re 20 MOTION to Dismiss Defendant Bexar County Clerk Rickhoff's Motion to Be Dismissed from Plaintiffs' Original Complaint for Declaratory and Injunctive Relief Pursuant to Rule 12(b)(6) filed by Defendant Gerard Rickhoff (Lane, Daniel) (Entered: 12/09/2013)	RECAP
34	Dec. 10, 2013	ORDER, Oral Argument Hearing set for 2/12/2014 9:30 AM before Judge Orlando L. Garcia. Signed by Judge Orlando L. Garcia. (rf) (Entered: 12/11/2013)	RECAP
35	Dec. 19, 2013	NOTICE regarding January 9, 2014 hearing on Defendants' Motion to Consolidate by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss (Lane, Daniel) (Entered: 12/19/2013)	RECAP
36	Dec. 23, 2013	Unopposed MOTION for Leave to Exceed Page Limitation ON DEFENDANTS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION by Greg Abbott, David Lakey, Rick Perry. (Attachments: # 1 Proposed Order)(Deane, William) (Entered: 12/23/2013) 1 Proposed Order View on PACER	RECAP
37	Dec. 23, 2013	DOCUMENT DEFICIENT - See Deficiency Notice #38. NOTICE of Attorney Appearance by Michael P. Murphy on behalf of Greg Abbott, David Lakey, Rick Perry. Attorney Michael P. Murphy added to party Greg Abbott(pty:dft), Attorney Michael P. Murphy added to party David Lakey(pty:dft), Attorney Michael P. Murphy added to party Rick Perry(pty:dft) (Attachments: # 1 Supplement Certificate of Service)(Murphy, Michael) Modified on 12/23/2013 (rg). (Entered: 12/23/2013) 1 Supplement Certificate of Service View on PACER	RECAP
38	Dec. 23, 2013	DEFICIENCY NOTICE:to attorney Michael P. MurphyNo certificate of service was included in pleading. Please file ONLY the certificate of service in the form of a pleading using the "Certificate of Service" event located under the 'Service of Process' menu. re 37 Notice of Appearance. (rg) (Entered: 12/23/2013)	RECAP
39	Dec. 23, 2013	CERTIFICATE OF SERVICE by Greg Abbott, David Lakey, Rick Perry 37 Notice of Appearance, (Murphy, Michael) (Entered: 12/23/2013)	RECAP
40	Dec. 23, 2013	Response in Opposition to Motion, filed by Greg Abbott, David Lakey, Rick Perry, re 28 MOTION for Preliminary Injunction filed by Plaintiff Mark Phariss, Plaintiff Cleopatra DeLeon, Plaintiff Nicole Dimetman, Plaintiff Victor Holmes (Attachments: # 1 Appendix Exhibit 1, # 2 Proposed Order Proposed Order)(Murphy, Michael) (Entered: 12/23/2013) 1 Appendix Exhibit 1 View on PACER 2 Proposed Order Proposed Order View on PACER	RECAP
41	Dec. 27, 2013	RESPONSE Defendant Rickhoff's Response to Plaintiffs' Request for a Preliminary Injunction and Supporting Brief to 28 MOTION for Preliminary Injunction by Gerard Rickhoff. (Bowen, Susan) (Entered: 12/27/2013)	RECAP
42	Jan. 3, 2014	MOTION for Leave to File Amicus Briefin Support of Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction by Robert P. Wilson. by Texas Values. (Attachments: # 1 Proposed Order)(Wilson, Robert) (Entered: 01/03/2014) 1 Proposed Order View on PACER	RECAP
43	Jan. 3, 2014	*DOCUMENT HAS BEEN STRICKEN PURSUANT TO AN ORDER STRIKING PLEADING FILED 1/06/2014, DOCUMENT #44*BRIEF regarding 42 MOTION for Leave to File Amicus Briefin Support of Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction by Robert P. Wilson. by Texas Values. (Wilson, Robert) Modified on 1/7/2014;ACCESS HAS BEEN RESTRICTED AND CAN ONLY BE VIEWED BY COURT USERS AND ATTORNEYS OF RECORD (rg). (Entered: 01/03/2014)	RECAP
44	Jan. 6, 2014	ORDER DENYING 42 Motion for Leave to File Amicus Brief. The Court ORDERS Movant's brief (docket no. 43) be STRICKEN from the record in this case. Signed by Judge Orlando L. Garcia. (rg) (Entered: 01/07/2014)	RECAP
45	Jan. 6, 2014	ORDER GRANTING 36 Motion for Leave to Exceed Page Limit. Signed by Judge Orlando L. Garcia. (rg) (Entered: 01/07/2014)	RECAP
46	Jan. 8, 2014	ADVISORY TO THE COURT by Greg Abbott, Rick Perry. (Attachments: # 1 Exhibit Order in pending case)(Murphy, Michael) (Entered: 01/08/2014) 1 Exhibit Order in pending case View on PACER	RECAP
47	Jan. 10, 2014	Opposed MOTION to Transfer Case by Greg Abbott, David Lakey, Rick Perry. (Attachments: # 1 Proposed Order)(Deane, William) (Entered: 01/10/2014) 1 Proposed Order View on PACER	RECAP
48	Jan. 17, 2014	RESPONSE to Motion, filed by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss, re 47 Opposed MOTION to Transfer Case filed by Defendant David Lakey, Defendant Rick Perry, Defendant Greg Abbott (Attachments: # 1 Exhibit A)(Lane, Daniel) (Entered: 01/17/2014) 1 Exhibit A View on PACER	RECAP
49	Jan. 22, 2014	ORDER DENYING 47 Motion to Transfer Case. Signed by Judge Orlando L. Garcia. (rf) (Entered: 01/23/2014)	RECAP
50	Jan. 24, 2014	MOTION for Leave to File response in excess of the page limitation by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Attachments: # 1 Proposed Order, # 2 Reply in Support of Motion for Prelim Inj)(rg) (Entered: 01/27/2014) 1 Proposed Order View on PACER 2 Reply in Support of Motion for Prelim Inj View on PACER	RECAP
51	Jan. 28, 2014	ORDER GRANTING 50 Motion for Leave to Exceed Page Limit. Signed by Judge Orlando L. Garcia. (rg) (Entered: 01/28/2014)	RECAP
52	Jan. 28, 2014	RESPONSE in Support, filed by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss, re 28 MOTION for Preliminary Injunction filed by Plaintiff Mark Phariss, Plaintiff Cleopatra DeLeon, Plaintiff Nicole Dimetman, Plaintiff Victor Holmes (rg) (Entered: 01/29/2014)	RECAP
53	Feb. 11, 2014	Proposed Scheduling Order by Greg Abbott, David Lakey, Rick Perry. (Deane, William) (Entered: 02/11/2014)	RECAP
54	Feb. 11, 2014	STATUS REPORT Joint Rule 26(F) Status Report by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Lane, Daniel) (Entered: 02/11/2014)	RECAP
55	Feb. 11, 2014	*DOCUMENT IS DEFICIENT - NO CERTIFICATE OF SERVICE ATTACHED*Proposed Scheduling Order by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Lane, Daniel) Modified on 2/11/2014 to designate deficiency (aej). (Entered: 02/11/2014)	RECAP
56	Feb. 11, 2014	DEFICIENCY NOTICE: *NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT - CERTIFICATE OF SERVICE MISSING* re 55 Scheduling Recommendations/Proposed Scheduling Order (aej) (Entered: 02/11/2014)	RECAP
57	Feb. 11, 2014	CERTIFICATE OF SERVICE by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss 55 Scheduling Recommendations/Proposed Scheduling Order (Lane, Daniel) (Entered: 02/11/2014)	RECAP
58	Feb. 11, 2014	Proposed Scheduling Order -corrected by Greg Abbott, David Lakey, Rick Perry. (Deane, William) (Entered: 02/11/2014)	RECAP
59	Feb. 12, 2014	Minute Entry for proceedings held before Judge Orlando L. Garcia: Miscellaneous Hearing held on 2/12/2014 (Minute entry documents are not available electronically.). (Court Reporter Leticia Rangel.)(aej) (Entered: 02/12/2014)	RECAP
60	Feb. 12, 2014	ORDER DENYING 20 Motion to Dismiss Defendant Bexar County Clerk Rickhoff. Signed by Judge Orlando L. Garcia. (rg) (Entered: 02/12/2014)	RECAP
	Feb. 12, 2014	Motions Taken Under Advisement: 28 MOTION for Preliminary Injunction (aej)
61	Feb. 13, 2014	Unopposed MOTION for Leave to File Notice of Recent Authority in Support of Plaintiffs' Motion for Preliminary Inhunction by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Attachments: # 1 Notice of Recent Authority in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Exhibit A to Notice of Recent Authority)(Lane, Daniel) (Entered: 02/13/2014) 1 Notice of Recent Authority in Support of Plaintiffs' Motion for Preliminar View on PACER 2 Exhibit A to Notice of Recent Authority View on PACER	RECAP
62	Feb. 13, 2014	Unopposed MOTION for Leave to File Plaintiffs' Post-Submission Response Regarding Merritt v. Attorney General by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Attachments: # 1 Plaintiffs' Post-Submission Response Regarding Merritt v. Attorney General, # 2 Exhibit A to Plaintiffs' Post-Submission Response)(Lane, Daniel) (Entered: 02/13/2014) 1 Plaintiffs' Post-Submission Response Regarding Merritt v. Attorney General View on PACER 2 Exhibit A to Plaintiffs' Post-Submission Response View on PACER	RECAP
63	Feb. 13, 2014	ORDER GRANTING 61 Motion for Leave to File. Signed by Judge Orlando L. Garcia. (aej) (Entered: 02/14/2014)	RECAP
64	Feb. 13, 2014	NOTICE of Recent Authority in Suppport of Plaintiff's Motion for Preliminary Injunction by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss re 28 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A)(aej) (Entered: 02/14/2014) 1 Exhibit A View on PACER	RECAP
65	Feb. 14, 2014	Opposed MOTION for Leave to File Plaintiffs' Notice of Recent Authority by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Attachments: # 1 Notice of Recent Authority in Support of Plaintiffs' Motion for Preliminary Injunction, # 2 Proposed Order)(Lane, Daniel) (Entered: 02/14/2014) 1 Notice of Recent Authority in Support of Plaintiffs' Motion for Preliminar View on PACER 2 Proposed Order View on PACER	RECAP
66	Feb. 24, 2014	Unopposed MOTION for Leave to File Notice of Recent Authority in Support of Plaintiffs' Motion for Preliminary Injunction by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Attachments: # 1 Notice of Recent Authority in Support of Plaintiffs; Motion for Preliminary Injunction, # 2 Exhibit A to Notice of Recent Authority, # 3 Proposed Order)(Lane, Daniel) (Entered: 02/24/2014) 1 Notice of Recent Authority in Support of Plaintiffs; Motion for Preliminary Inj View on PACER 2 Exhibit A to Notice of Recent Authority View on PACER 3 Proposed Order View on PACER	RECAP
67	Feb. 24, 2014	MOTION for Reconsideration Motion for Leave to File Brief of Amicus Curiae by Texas Values. (Attachments: # 1 Exhibit "A" Motion for Leave, # 2 Exhibit "A-1" Brief, # 3 Exhibit "A-2" Proposed Order Granting Motion for Leave and Filing of Brief, # 4 Proposed Order Granting Motion to Reconsider)(Wilson, Robert) (Entered: 02/24/2014) 1 Exhibit "A" Motion for Leave View on PACER 2 Exhibit "A-1" Brief View on PACER 3 Exhibit "A-2" Proposed Order Granting Motion for Leave and Filing of B View on PACER 4 Proposed Order Granting Motion to Reconsider View on PACER	RECAP
68	Feb. 24, 2014	ORDER GRANTING 66 Motion for Leave to File Notice of Recent Authority. Signed by Judge Orlando L. Garcia. (rg) (Entered: 02/25/2014)	RECAP
69	Feb. 24, 2014	NOTICE of Filing Recent Authority in Support of Plaintiffs' Motion for Preliminary Injunction by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Attachments: # 1 Exhibit A)(rg) (Entered: 02/26/2014) 1 Exhibit A View on PACER	RECAP
70	Feb. 25, 2014	ORDER GRANTING 65 Motion for Leave to File Notice of Recent Authority-Illinois Court Decision. Signed by Judge Orlando L. Garcia. (rg) (Entered: 02/26/2014)	RECAP
71	Feb. 25, 2014	NOTICE of Filing Recent Authority in Support of Plaintiff's Motion for Preliminary Injunction by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (rg) (Entered: 02/26/2014)	RECAP
72	Feb. 25, 2014	ORDER DENYING 67 Motion for Reconsideration. Signed by Judge Orlando L. Garcia. (rg) (Entered: 02/26/2014)	RECAP
73	Feb. 26, 2014	ORDER GRANTING 28 Motion for Preliminary Injunction. The Court enjoins Defendants from enforcing Article 1, Section 32 of the Texas Constitution, any related provisions in the Texas Family Code, and any other laws or regulations prohibiting a person from marrying another person of the same sex or recognizing same-sex marriage.In accordance with the Supreme Court's issuance of a stay in Herbert v. Kitchen, and consistent with the reasoning provided in Bishop and Bostic, this Court stays execution of thispreliminary injunction pending the final disposition of any appeal to the Fifth Circuit Court of Appeals. Signed by Judge Orlando L. Garcia. (rg) (Entered: 02/26/2014)	RECAP
74	Feb. 27, 2014	Appeal of Order entered by District Judge 73 by Greg Abbott, David Lakey, Rick Perry. No filing fee submitted (Murphy, Michael) (Entered: 02/27/2014)	RECAP
	Feb. 27, 2014	NOTICE OF INTERLOCUTORY APPEAL as to 73 Order on Motion for Preliminary Injunction, by Greg Abbott, David Lakey, Rick Perry. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (rg)
75	March 6, 2014	Unopposed MOTION to Stay Case by Greg Abbott, David Lakey, Rick Perry. (Attachments: # 1 Proposed Order Order Granting Unopposed Motion To Stay Proceedings)(Murphy, Michael) (Entered: 03/06/2014) 1 Proposed Order Order Granting Unopposed Motion To Stay Proceedings View on PACER	RECAP
76	March 7, 2014	ORDER GRANTING 75 Motion to Stay Case. Signed by Judge Orlando L. Garcia. (rg) (Entered: 03/10/2014)	RECAP
77	March 10, 2014	NOTICE -Transcript Order Form by Greg Abbott, David Lakey, Rick Perry (Deane, William) (Entered: 03/10/2014)	RECAP
78	March 10, 2014	Transcript filed of Proceedings held on 02/12/2014, Proceedings Transcribed: Preliminary Injunction Hearing. Court Reporter/Transcriber: Leticia Ornelas Rangel, Telephone number: 210-244-5039. Parties are notified of their duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction Request due 3/31/2014, Redacted Transcript Deadline set for 4/10/2014, Release of Transcript Restriction set for 6/9/2014, Appeal Record due by 3/25/2014, (Rangel, Leticia) (Entered: 03/10/2014)	RECAP
79	March 21, 2014	USCA Appeal Fees received $505.00 receipt number 500024727 re Notice of Appeal - Interlocutory, filed by David Lakey, Rick Perry, Greg Abbott (rg) (Entered: 03/24/2014)	RECAP
	May 28, 2014	NOTICE of Certification of Electronic Record on Appeal submitted to 5th USCA for ACCEPTANCE in USCA #14-50196. re 74 Notice of Appeal (E-Filed), Notice of Appeal - Interlocutory. (dtg)
80	June 6, 2014	Certified and Transmitted Electronic Record on Appeal (1 CD) to ASSISTANT ATTORNEY GENERAL, JONATHAN MITCHELL. re 73 Notice of Appeal - Interlocutory. (dtg) (Entered: 06/24/2014)	RECAP
	June 9, 2014	USCA Case Number 14-50196 for Notice of Appeal - Interlocutory,, filed by David Lakey, Rick Perry, Greg Abbott. (rf)
81	June 25, 2014	Certified and Hand Delivered Electronic Record on Appeal (1 CD) to ATTORNEY, DANIEL LANE. re 74 Notice of Appeal - Interlocutory. (dtg) (Entered: 06/25/2014)	RECAP
82	Oct. 3, 2014	ORDER of USCA (certified copy) regarding Order Granting separate amici briefs. ; re Notice of Appeal - Interlocutory,, (Attachments: # 1 Transmittal Letter from USCA5)(mgr) (Entered: 10/03/2014) 1 Transmittal Letter from USCA5 View on PACER	RECAP
83	Nov. 24, 2014	Opposed MOTION to Lift Stay of Injunction re 76 Order on Motion to Stay Case by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Lane, Daniel) (Entered: 11/24/2014) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Proposed Order View on PACER	RECAP
84	Nov. 25, 2014	Response in Opposition to Motion, filed by Greg Abbott, David Lakey, Rick Perry, re 83 Opposed MOTION to Lift Stay of Injunction re 76 Order on Motion to Stay Case filed by Plaintiff Mark Phariss, Plaintiff Cleopatra DeLeon, Plaintiff Nicole Dimetman, Plaintiff Victor Holmes (Murphy, Michael) (Entered: 11/25/2014)	RECAP
85	Nov. 25, 2014	ATTACHMENT Proposed Order to 84 Response in Opposition to Motion, by Greg Abbott, David Lakey, Rick Perry. (Murphy, Michael) (Entered: 11/25/2014)	RECAP
86	Nov. 26, 2014	REPLY to Response to Motion, filed by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss, re 83 Opposed MOTION to Lift Stay of Injunction re 76 Order on Motion to Stay Case filed by Plaintiff Mark Phariss, Plaintiff Cleopatra DeLeon, Plaintiff Nicole Dimetman, Plaintiff Victor Holmes (Lane, Daniel) (Entered: 11/26/2014)	RECAP
87	Dec. 3, 2014	NOTICE Recent Authority by Greg Abbott, David Lakey, Rick Perry re 83 Opposed MOTION to Lift Stay of Injunction re 76 Order on Motion to Stay Case, 84 Response in Opposition to Motion, (Murphy, Michael) (Entered: 12/03/2014)	RECAP
88	Dec. 3, 2014	NOTICE of Additional Authority by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss re 83 Opposed MOTION to Lift Stay of Injunction re 76 Order on Motion to Stay Case (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lane, Daniel) (Entered: 12/03/2014) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
89	Dec. 3, 2014	NOTICE Recent Authority by Greg Abbott, David Lakey, Rick Perry re 83 Opposed MOTION to Lift Stay of Injunction re 76 Order on Motion to Stay Case, 88 Notice (Other), (Murphy, Michael) (Entered: 12/03/2014)	RECAP
90	Dec. 4, 2014	NOTICE of Recent Authority by Greg Abbott, David Lakey, Rick Perry re 83 Opposed MOTION to Lift Stay of Injunction re 76 Order on Motion to Stay Case (Murphy, Michael) (Entered: 12/04/2014)	RECAP
91	Dec. 12, 2014	ORDER DENYING 83 Motion to Lift the Stay of Injunction. Signed by Judge Orlando L. Garcia. (rf) (Entered: 12/12/2014)	RECAP
92	Jan. 15, 2015	NOTICE of Attorney Substitution Scott A. Keller in place of Jonathan F. Mitchell by Greg Abbott, David Lakey, Rick Perry. (Keller, Scott) Modified docket text on 1/16/2015 (rg). (Entered: 01/15/2015)	RECAP
93	Jan. 16, 2015	MOTION to Substitute Attorney Jonathan F. Mitchell by Greg Abbott, David Lakey, Rick Perry. (Attachments: # 1 Proposed Order)(Keller, Scott) (Entered: 01/16/2015) 1 Proposed Order View on PACER	RECAP