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 …

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)

Related Cases

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

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

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Documents in the Clearinghouse

Document

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 2013

73

5:13-cv-00982

Order Granting Plaintiffs' Motion for Preliminary Injunction

Feb. 26, 2014

Feb. 26, 2014

Order/Opinion

975 F.Supp.2d 975

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

Docket

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

Last updated Feb. 10, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
31

ORDER GRANTING 30 Motion for Extension of Time to File Response/Reply. Signed by Judge Orlando L. Garcia. (rg) (Entered: 12/03/2013)

Nov. 29, 2011

Nov. 29, 2011

RECAP
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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

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Oct. 28, 2013

Oct. 28, 2013

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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)

Oct. 29, 2013

Oct. 29, 2013

PACER
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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)

Oct. 29, 2013

Oct. 29, 2013

PACER
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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)

Oct. 29, 2013

Oct. 29, 2013

PACER
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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)

Oct. 29, 2013

Oct. 29, 2013

PACER
6

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)

Oct. 29, 2013

Oct. 29, 2013

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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)

Oct. 29, 2013

Oct. 29, 2013

PACER
8

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)

Oct. 29, 2013

Oct. 29, 2013

PACER
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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)

Oct. 29, 2013

Oct. 29, 2013

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Summons Issued as to Rick Perry. (rg) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

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Summons Issued as to Greg Abbott. (rg) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

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Summons Issued as to David Lakey. (rg) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

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13

Summons Issued as to Gerard Rickhoff. (rg) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

PACER
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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)

Nov. 1, 2013

Nov. 1, 2013

PACER
15

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)

Nov. 1, 2013

Nov. 1, 2013

PACER
16

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)

Nov. 1, 2013

Nov. 1, 2013

PACER
17

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)

Nov. 1, 2013

Nov. 1, 2013

PACER
18

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)

Nov. 5, 2013

Nov. 5, 2013

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19

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)

Nov. 19, 2013

Nov. 19, 2013

PACER
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) by Gerard Rickhoff. (Attachments: # 1 Proposed Order)(Bowen, Susan) (Entered: 11/20/2013)

1 Proposed Order

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Nov. 20, 2013

Nov. 20, 2013

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21

Defendants ' ANSWER to 1 Complaint, by Greg Abbott, David Lakey, Rick Perry.(Deane, William) (Entered: 11/20/2013)

Nov. 20, 2013

Nov. 20, 2013

PACER
22

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

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Nov. 21, 2013

Nov. 21, 2013

PACER
23

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)

Nov. 21, 2013

Nov. 21, 2013

PACER
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 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

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2 Appendix

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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32 Exhibit 30

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Nov. 22, 2013

Nov. 22, 2013

PACER
25

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

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2 Exhibit 32

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3 Exhibit 33

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5 Exhibit 35

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7 Exhibit 37

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20 Exhibit 50

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25 Exhibit 55

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26 Exhibit 56

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27 Exhibit 57

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28 Exhibit 58

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Nov. 22, 2013

Nov. 22, 2013

PACER
26

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

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Nov. 26, 2013

Nov. 26, 2013

PACER
27

ORDER GRANTING 24 Motion for Leave to File Excess Pages. Signed by Judge Orlando L. Garcia. (rg) (Entered: 11/27/2013)

Nov. 27, 2013

Nov. 27, 2013

PACER
28

OPPOSED MOTION for Preliminary Injunction by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (rg) (Entered: 11/27/2013)

Nov. 27, 2013

Nov. 27, 2013

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29

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

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Nov. 27, 2013

Nov. 27, 2013

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32

ORDER GRANTING 26 Motion for Extension of Time to File Response/Reply. Signed by Judge Orlando L. Garcia. (rg) (Entered: 12/03/2013)

Nov. 29, 2013

Nov. 29, 2013

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30

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

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Dec. 2, 2013

Dec. 2, 2013

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33

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)

Dec. 9, 2013

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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)

Dec. 10, 2013

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35

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)

Dec. 19, 2013

Dec. 19, 2013

PACER
36

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

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Dec. 23, 2013

Dec. 23, 2013

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37

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)

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Dec. 23, 2013

Dec. 23, 2013

PACER
38

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)

Dec. 23, 2013

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39

CERTIFICATE OF SERVICE by Greg Abbott, David Lakey, Rick Perry 37 Notice of Appearance, (Murphy, Michael) (Entered: 12/23/2013)

Dec. 23, 2013

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40

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

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2 Proposed Order Proposed Order

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Dec. 23, 2013

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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)

Dec. 27, 2013

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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

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Jan. 3, 2014

Jan. 3, 2014

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***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)

Jan. 3, 2014

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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)

Jan. 6, 2014

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ORDER GRANTING 36 Motion for Leave to Exceed Page Limit. Signed by Judge Orlando L. Garcia. (rg) (Entered: 01/07/2014)

Jan. 6, 2014

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ADVISORY TO THE COURT by Greg Abbott, Rick Perry. (Attachments: # 1 Exhibit Order in pending case)(Murphy, Michael) (Entered: 01/08/2014)

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Jan. 8, 2014

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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

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Jan. 10, 2014

Jan. 10, 2014

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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)

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Jan. 17, 2014

Jan. 17, 2014

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ORDER DENYING 47 Motion to Transfer Case. Signed by Judge Orlando L. Garcia. (rf) (Entered: 01/23/2014)

Jan. 22, 2014

Jan. 22, 2014

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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

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2 Reply in Support of Motion for Prelim Inj

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Jan. 24, 2014

Jan. 24, 2014

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ORDER GRANTING 50 Motion for Leave to Exceed Page Limit. Signed by Judge Orlando L. Garcia. (rg) (Entered: 01/28/2014)

Jan. 28, 2014

Jan. 28, 2014

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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)

Jan. 28, 2014

Jan. 28, 2014

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Proposed Scheduling Order by Greg Abbott, David Lakey, Rick Perry. (Deane, William) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

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STATUS REPORT Joint Rule 26(F) Status Report by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Lane, Daniel) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

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***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)

Feb. 11, 2014

Feb. 11, 2014

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DEFICIENCY NOTICE: ***NOTIFIED COUNSEL THAT DOCUMENT IS DEFICIENT - CERTIFICATE OF SERVICE MISSING*** re 55 Scheduling Recommendations/Proposed Scheduling Order (aej) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
57

CERTIFICATE OF SERVICE by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss 55 Scheduling Recommendations/Proposed Scheduling Order (Lane, Daniel) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
58

Proposed Scheduling Order -corrected by Greg Abbott, David Lakey, Rick Perry. (Deane, William) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
59

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)

Feb. 12, 2014

Feb. 12, 2014

PACER
60

ORDER DENYING 20 Motion to Dismiss Defendant Bexar County Clerk Rickhoff. Signed by Judge Orlando L. Garcia. (rg) (Entered: 02/12/2014)

Feb. 12, 2014

Feb. 12, 2014

RECAP
61

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

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2 Exhibit A to Notice of Recent Authority

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Feb. 13, 2014

Feb. 13, 2014

PACER
62

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

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2 Exhibit A to Plaintiffs' Post-Submission Response

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Feb. 13, 2014

Feb. 13, 2014

PACER
63

ORDER GRANTING 61 Motion for Leave to File. Signed by Judge Orlando L. Garcia. (aej) (Entered: 02/14/2014)

Feb. 13, 2014

Feb. 13, 2014

PACER
64

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

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Feb. 13, 2014

Feb. 13, 2014

PACER
65

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

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2 Proposed Order

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Feb. 14, 2014

Feb. 14, 2014

PACER
66

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

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2 Exhibit A to Notice of Recent Authority

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3 Proposed Order

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Feb. 24, 2014

Feb. 24, 2014

PACER
67

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

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2 Exhibit "A-1" Brief

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3 Exhibit "A-2" Proposed Order Granting Motion for Leave and Filing of B

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4 Proposed Order Granting Motion to Reconsider

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Feb. 24, 2014

Feb. 24, 2014

PACER
68

ORDER GRANTING 66 Motion for Leave to File Notice of Recent Authority. Signed by Judge Orlando L. Garcia. (rg) (Entered: 02/25/2014)

Feb. 24, 2014

Feb. 24, 2014

PACER
69

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

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Feb. 24, 2014

Feb. 24, 2014

PACER
70

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)

Feb. 25, 2014

Feb. 25, 2014

PACER
71

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)

Feb. 25, 2014

Feb. 25, 2014

RECAP
72

ORDER DENYING 67 Motion for Reconsideration. Signed by Judge Orlando L. Garcia. (rg) (Entered: 02/26/2014)

Feb. 25, 2014

Feb. 25, 2014

RECAP
73

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)

Feb. 26, 2014

Feb. 26, 2014

RECAP
74

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)

Feb. 27, 2014

Feb. 27, 2014

RECAP
75

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

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March 6, 2014

March 6, 2014

PACER
76

ORDER GRANTING 75 Motion to Stay Case. Signed by Judge Orlando L. Garcia. (rg) (Entered: 03/10/2014)

March 7, 2014

March 7, 2014

RECAP
77

NOTICE -Transcript Order Form by Greg Abbott, David Lakey, Rick Perry (Deane, William) (Entered: 03/10/2014)

March 10, 2014

March 10, 2014

PACER
78

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)

March 10, 2014

March 10, 2014

PACER
79

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)

March 21, 2014

March 21, 2014

PACER
80

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)

June 6, 2014

June 6, 2014

PACER
81

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)

June 25, 2014

June 25, 2014

PACER
82

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

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Oct. 3, 2014

Oct. 3, 2014

PACER
83

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

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2 Exhibit B

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3 Proposed Order

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Nov. 24, 2014

Nov. 24, 2014

PACER
84

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)

Nov. 25, 2014

Nov. 25, 2014

PACER
85

ATTACHMENT Proposed Order to 84 Response in Opposition to Motion, by Greg Abbott, David Lakey, Rick Perry. (Murphy, Michael) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

PACER
86

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)

Nov. 26, 2014

Nov. 26, 2014

PACER
87

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)

Dec. 3, 2014

Dec. 3, 2014

RECAP
88

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

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2 Exhibit B

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Dec. 3, 2014

Dec. 3, 2014

PACER
89

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)

Dec. 3, 2014

Dec. 3, 2014

PACER
90

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)

Dec. 4, 2014

Dec. 4, 2014

PACER
91

ORDER DENYING 83 Motion to Lift the Stay of Injunction. Signed by Judge Orlando L. Garcia. (rf) (Entered: 12/12/2014)

Dec. 12, 2014

Dec. 12, 2014

RECAP
92

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)

Jan. 15, 2015

Jan. 15, 2015

PACER
93

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

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Jan. 16, 2015

Jan. 16, 2015

PACER
94

ORDER GRANTING 93 Motion to Substitute Attorney Scott A. Keller in place of Jonathan F. Mitchell. Signed by Judge Orlando L. Garcia. (rg) (Entered: 01/20/2015)

Jan. 16, 2015

Jan. 16, 2015

PACER
95

EMERGENCY UNOPPOSED MOTION Plaintiffs' and Defendant Gerard Rickhoff's Unopposed Emergency Motion to Lift Stay of Injunction by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Chasnoff, Barry) (Entered: 06/26/2015)

1 Exhibit A

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2 Proposed Order

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June 26, 2015

June 26, 2015

PACER
96

ORDER GRANTING re 95 Emergency Unopposed Motion to Lift the Stay of Injunction filed by Mark Phariss, Cleopatra DeLeon, Nicole Dimetman, Victor Holmes. Signed by Judge Orlando L. Garcia. (rg) (Entered: 06/26/2015)

June 26, 2015

June 26, 2015

RECAP
97

Certified copy of USCA JUDGMENT/MANDATE Affirming 74 Notice of Appeal (E-Filed) filed by David Lakey, Rick Perry, Greg Abbott. Because, as both sides now agree, the injunction appealed from is correct in light of Obergefell, the preliminary injunction is AFFIRMED. This matter is REMANDED for entry of judgment in favor of the plaintiffs. The court must act expeditiously on remand and should enter final judgment on themerits (exclusive of any collateral matters such as costs and attorney fees) by July 17, 2015 and earlier if reasonable possible. (Attachments: # 1 Transmittal Letter from USCA5)(mgr) (Entered: 07/07/2015)

1 Transmittal Letter from USCA5

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June 29, 2015

June 29, 2015

PACER
98

FINAL JUDGMENT. Signed by Judge Orlando L. Garcia. (rg) (Entered: 07/09/2015)

July 7, 2015

July 7, 2015

PACER
99

Joint MOTION for Extension of Time to File to move for attorneys' fees by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Attachments: # 1 Proposed Order)(Lane, Daniel) (Entered: 07/21/2015)

1 Proposed Order

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July 21, 2015

July 21, 2015

PACER
100

ORDER GRANTING 99 Motion for Extension of Time to File motion for attorney fees. Signed by Judge Orlando L. Garcia. (rg) (Entered: 07/22/2015)

July 22, 2015

July 22, 2015

PACER

Case Details

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 28, 2013

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two same-sex couples. One was married out-of-state and seeks recognition of that marriage. The other wishes to be married.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Texas, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Amount Defendant Pays: 650,876.10

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Marriage

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sex discrimination

Sexual orientation

Affected Sex or Gender:

Female

Male