Case: Geiger v. Kitzhaber

6:13-cv-01834 | U.S. District Court for the District of Oregon

Filed Date: Oct. 15, 2013

Closed Date: April 20, 2015

Clearinghouse coding complete

Case Summary

On October 15th, 2013, two same-sex couples filed a lawsuit in the U.S. District Court for the District of Oregon pursuant to 42 U.S.C. § 1983 against the state of Oregon. The plaintiffs, represented by both private and public counsel, sought a declaration that Oregon laws banning same-sex marriages violate the United States Constitution, a permanent injunction against the enforcement of laws banning same-sex marriage, and an award to the plaintiffs of the costs of suit and reasonable attorney'…

On October 15th, 2013, two same-sex couples filed a lawsuit in the U.S. District Court for the District of Oregon pursuant to 42 U.S.C. § 1983 against the state of Oregon. The plaintiffs, represented by both private and public counsel, sought a declaration that Oregon laws banning same-sex marriages violate the United States Constitution, a permanent injunction against the enforcement of laws banning same-sex marriage, and an award to the plaintiffs of the costs of suit and reasonable attorney's fees.

Specifically, the plaintiffs claimed that their rights under the Due Process Clause and the Equal Protection Clause had been violated by being denied the same access to marriage as different-sex couples. They further claim that the ban discriminated against gay and lesbian citizens of Oregon who wished to be married in their state of residence.

On January 22nd, 2014, this case was consolidated with Rummel v. Kitzhaber because of its similar circumstances. The plaintiffs filed a motion for summary judgment on February 18th, 2014. On February 20, Oregon's Attorney General, Ellen Rosenblum, announced that the state would not defend its ban on same-sex marriage. The State filed an answer in the case telling the court that it agreed with the plaintiffs that "the ban cannot withstand a federal constitutional challenge under any standard of review." The state stated, however, that "In the meantime, as the State Defendants are legally obligated to enforce the Oregon Constitution's ban on same-sex marriage, they will continue to do so unless and until this Court grants the relief sought by the plaintiffs."

An anti-same-sex-marriage group, the National Organization for Marriage, then moved to intervene to defend the ban. The Court denied intervention and struck down the same-sex marriage ban on May 19th, 2014. The court's opinion declared that Oregon's ban of same-sex marriage violates the Equal Protection Clause and the court permanently enjoined the enforcement of the ban. Geiger v. Kitzhaber, 2014 WL 2054264 (D. Oregon 2014).

The defendants declined to appeal and did not seek a stay of the injunction. However, the National Organization for Marriage appealed the denial of their intervention motion, and sought a stay of the injunction pending disposition of that appeal. That stay was denied, first by the District Court on May 19, 2014, then by the Court of Appeals that same day, and then by the Supreme Court on June 4, 2014.

On August 27, 2014, the Ninth Circuit held in an unpublished opinion that the National Organization for Marriage lacked Article III standing to appeal the District Court's final judgment. The Ninth Circuit also denied the National Organization for Marriage's petition for rehearing en banc on November 24, 2014. The Supreme Court denied the National Organization for Marriage's petition for certiorari on April 20, 2015.

On August 19, 2014, the Court approved the parties' agreement over attorney's fees, by which the defendants agreed to pay $132,690 in total. The case is now closed.

Summary Authors

Megan Dolan (6/25/2014)

Eva Richardson (1/8/2019)

Related Cases

Rummell v. Kitzhaber, District of Oregon (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4366000/parties/geiger-v-kitzhaber/


Judge(s)

Callahan, Consuelo Maria (California)

Hurwitz, Andrew David (Arizona)

Kennedy, Anthony McLeod (District of Columbia)

Leavy, Edward (Oregon)

McShane, Michael Jerome (Oregon)

Attorneys(s) for Plaintiff

Diaz, Kevin (Oregon)

Easton, Lea Ann (Oregon)

Goad, Amanda C. (California)

Holm, Kristina J (Oregon)

Isaak, Misha A.D. (Oregon)

Judge(s)

Callahan, Consuelo Maria (California)

Hurwitz, Andrew David (Arizona)

Kennedy, Anthony McLeod (District of Columbia)

Leavy, Edward (Oregon)

McShane, Michael Jerome (Oregon)

Attorneys(s) for Plaintiff

Diaz, Kevin (Oregon)

Easton, Lea Ann (Oregon)

Goad, Amanda C. (California)

Holm, Kristina J (Oregon)

Isaak, Misha A.D. (Oregon)

Johnson, Thomas R. (Oregon)

Middleton, Jennifer J (Oregon)

Perriguey, Lake James H. (Oregon)

Attorneys(s) for Defendant

Berman, Steven C. (Oregon)

Eastman, John C. (California)

Eidson, James W (Washington)

Feldman, Leonard J. (Washington)

Gartner, Nadine A. (Oregon)

Harris, Roger K. (Oregon)

Joyce, Anna M. (Oregon)

Madkour, Jenny M. (Oregon)

Potter, Sheila (Oregon)

Rosenblum, Ellen F. (Oregon)

Von Ter Stegge, Katharine (Oregon)

Williams, Mary (Oregon)

Other Attorney(s)

Cavanaugh, Heather K. (Oregon)

Pedersen, Amy Joseph (Oregon)

Documents in the Clearinghouse

Document

Docket [PACER]

April 20, 2015 Docket
1

Complaint For Declaratory, Injunctive, or Other Relief

2013 WL 8480380

Oct. 15, 2013 Complaint
8

First Amended Complaint for Declaratory, Injunctive, or Other Relief

2013 WL 8540498

Dec. 4, 2013 Complaint
12

Memorandum In Support of Motion to Consolidate

2013 WL 8540499

Dec. 20, 2013 Pleading / Motion / Brief
58

State Defendants' Answer and Affirmative Defenses to the Rummell Amended Complaint

Feb. 20, 2014 Pleading / Motion / Brief
87

Memorandum in Support of Motion to Intervene

April 21, 2014 Pleading / Motion / Brief

Order [denial of emergency motion to stay by the Ninth Circuit]

U. S. Court of Appeals for the Ninth Circuit

2014 WL 2566885

May 19, 2014 Order/Opinion
118

Opinion [For Summary Judgment]

994 F.Supp.2d 1128

May 19, 2014 Order/Opinion
119

Order [For Summary Judgment]

May 19, 2014 Order/Opinion
126

Order in Pending Case [denial of application for stay to Justice Kennedy, referred to the Court]

National Organization for Marriage v. Geiger

Supreme Court of the United States

134 S.Ct. 2722

June 4, 2014 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4366000/geiger-v-kitzhaber/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-3454587 Jury Trial Requested: No. Filed by Robert Duehmig, Deanna L. Geiger, Janine M. Nelson, William Griesar against John Kitzhaber, Ellen Rosenblum, Randy Waldruff, Jennifer Woodward (Attachments: # 1 Civil Cover Sheet). (Perriguey, Lake James) (Entered: 10/15/2013)

1 Civil Cover Sheet

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Oct. 15, 2013 PACER
2

Notice of Case Assignment to Judge Michael J. McShane and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 2/13/2014. Joint Alternate Dispute Resolution Report is due by 3/17/2014. Pretrial Order is due by 3/17/2014. Ordered by Judge Michael J. McShane. (ljb) (Entered: 10/16/2013)

Oct. 16, 2013 RECAP
3

Waiver of Service of Summons Returned Executed by Jennifer Woodward waiver sent on 10/22/2013. Executed by Sheila Potter, Oregon Dept of Justice Filed by All Plaintiffs. (Easton, Lea) (Entered: 10/30/2013)

Oct. 30, 2013 PACER
4

Waiver of Service of Summons Returned Executed by Randy Waldruff waiver sent on 10/24/2013. Executed by Katharine vonTer Stegge, Multnomah County Attorney's Office Filed by All Plaintiffs. (Easton, Lea) (Entered: 10/30/2013)

Oct. 30, 2013 PACER
5

Waiver of Service of Summons Returned Executed by John Kitzhaber waiver sent on 10/31/2013. Filed by All Plaintiffs. (Easton, Lea) (Entered: 11/04/2013)

Nov. 4, 2013 PACER
6

Waiver of Service of Summons Returned Executed by Ellen Rosenblum waiver sent on 10/22/2013. Filed by All Plaintiffs. (Easton, Lea) (Entered: 11/04/2013)

Nov. 4, 2013 PACER
7

Fed. R. Civ. P. 26(a)(1) Agreement . Filed by Deanna L. Geiger. (Easton, Lea) (Entered: 11/25/2013)

Nov. 25, 2013 RECAP
8

First Amended Complaint . Filed by Robert Duehmig, Deanna L. Geiger, Janine M. Nelson, William Griesar against All Defendants. (Easton, Lea) (Entered: 12/04/2013)

Dec. 4, 2013 RECAP
9

Answer to 8 Amended Complaint and Affirmative Defense. Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward. (Potter, Sheila) (Entered: 12/13/2013)

Dec. 13, 2013 RECAP
10

Exhibits A re Answer to Amended Complaint 9 . Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward. (Potter, Sheila) (Entered: 12/13/2013)

Dec. 13, 2013 RECAP
11

Motion to Consolidate . Filed by Basic Rights Education Fund, Paul Rummell, Benjamin West, Lisa Chickadonz, Christine Tanner. (Johnson, Thomas) (Entered: 12/20/2013)

Dec. 20, 2013 RECAP
12

Memorandum in Support of Motion to Consolidate. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion to Consolidate 11 .) (Johnson, Thomas) (Entered: 12/20/2013)

Dec. 20, 2013 RECAP
13

Answer to 8 Amended Complaint and Affirmative Defenses. Filed by Randy Waldruff. (Von Ter Stegge, Katharine) (Entered: 12/23/2013)

Dec. 23, 2013 RECAP
14

Scheduling Order by Judge Michael J. McShane. Rule 16 Conference is set for 1/8/2014 at 02:00PM by Telephone before Judge Michael J. McShane. The Court will initiate the call. Ordered by Judge Michael J. McShane. (cp) (Entered: 12/31/2013)

Dec. 31, 2013 PACER
15

Scheduling Order by Judge Michael J. McShane. Based upon the schedule of the Court, the Rule 16 Conference set for 1/8/2014 is reset for 1/22/2014 at 02:30PM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp) (Entered: 01/02/2014)

Jan. 2, 2014 PACER
16

Response in Opposition to Motion to Consolidate 11 . Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Perriguey, Lake James) (Entered: 01/03/2014)

Jan. 3, 2014 RECAP
17

Declaration in Opposition to Motion to Consolidate 11 . Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Perriguey, Lake James) Modified for clarity of the record on 1/9/2014 (ljb). (Entered: 01/03/2014)

Jan. 3, 2014 RECAP
18

Scheduling Order by Judge Michael J. McShane: Oral Argument regarding Motion to Consolidate 11 is set for 1/22/2014 at 02:30PM in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. (cp) (Entered: 01/03/2014)

Jan. 3, 2014 PACER
19

Motion to Set Deadline for Their Response to Rummell Plaintiffs' Motion for Consolidation. Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward. (Potter, Sheila) (Entered: 01/03/2014)

Jan. 3, 2014 PACER
20

Declaration of Sheila H. Potter in Support of Motion to Set Deadline for State's Response. Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward. (Related document(s): Motion - Miscellaneous 19 .) (Potter, Sheila) (Entered: 01/03/2014)

Jan. 3, 2014 PACER
21

Response to Motion to Consolidate 11 . Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward. (Potter, Sheila) (Entered: 01/08/2014)

Jan. 8, 2014 RECAP
22

Response to Motion to Consolidate 11 . Filed by Randy Waldruff. (Von Ter Stegge, Katharine) (Entered: 01/14/2014)

Jan. 14, 2014 RECAP
23

Motion for Summary Judgment . Oral Argument requested. Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Perriguey, Lake James) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
24

Memorandum in Support . Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Related document(s): Motion for Summary Judgment 23 .) (Perriguey, Lake James) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
25

Declaration of Deanna L. Geiger . Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Related document(s): Motion for Summary Judgment 23 .) (Perriguey, Lake James) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
26

Declaration of Janine M. Nelson . Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Related document(s): Motion for Summary Judgment 23 .) (Perriguey, Lake James) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
27

Declaration of Robert Duehmig . Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Related document(s): Motion for Summary Judgment 23 .) (Perriguey, Lake James) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
28

Declaration of William Griesar . Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Related document(s): Motion for Summary Judgment 23 .) (Perriguey, Lake James) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
29

Declaration of Lea Ann Easton . Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Related document(s): Motion for Summary Judgment 23 .) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Perriguey, Lake James) (Entered: 01/14/2014)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Jan. 14, 2014 PACER
30

Declaration of Priscilla Yamin . Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Related document(s): Motion for Summary Judgment 23 .) (Perriguey, Lake James) (Entered: 01/14/2014)

Jan. 14, 2014 PACER
31

Reply to Motion to Consolidate 11 . Filed by Paul Rummell. (Isaak, Misha) (Entered: 01/20/2014)

Jan. 20, 2014 RECAP
32

Notice of Association of Attorney Sheila H. Potter,Anna M. Joyce for Jennifer Woodward,Anna M. Joyce for Ellen Rosenblum,Anna M. Joyce for John Kitzhaber. Filed by Jennifer Woodward, Ellen Rosenblum, John Kitzhaber (Potter, Sheila) (Entered: 01/22/2014)

Jan. 22, 2014 RECAP
33

MINUTES of Proceedings: Motion Hearing Held regarding Motion to Consolidate 11 and Rule 16 Conference. Motion to Consolidate 11 is granted. Rummell Plaintiffs Dispositive Motions are due by 2/10/2014. Supplemental Briefing to Motion for Summary Judgment 23 is due by 2/10/2014. Responses to Dispositive Motions are due by 3/10/2014. Replies to Dispositive Motions are due by 3/24/2014. Oral Argument is set for 4/23/2014 at 01:30PM in Eugene Courtroom 2 before Judge Michael J. McShane. Lake Perriguey and Lea Ann Easton present as counsel for plaintiffs. Sheila H. Potter and Anna Joyce present as counsel for John Kitzhaber, Oregon Atty General Ellen Rosenblum and Jennifer Woodward. Katharine Von Ter Stegge present as counsel for Defendant Randy Waldruff. Jennifer Middleton, Kevin Diaz, Misha Isaak and Thomas R. Johnson present as counsel for Basic Rights Education Fund, Paul Rummell, Benjamin West, Lisa Chickadonz and Christine Tanner, Movants. Court Reporter: Kristi Anderson. Judge Michael J. McShane presiding. (Related document(s): Motion to Consolidate 11 .) (cp) (Entered: 01/23/2014)

Jan. 22, 2014 PACER
34

Unopposed Motion for Extension of Time to Answer Amended Complaint(17 in 6:13-cv-02256-TC). Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward, John Kitzhaber, Ellen Rosenblum, Jennifer Woodward.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-TC (Potter, Sheila) (Entered: 02/05/2014)

Feb. 5, 2014 PACER
35

Declaration of Sheila H. Potter . Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward, John Kitzhaber, Ellen Rosenblum, Jennifer Woodward. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition, (19 in 6:13-cv-02256-TC, 34 in 6:13-cv-01834-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-TC (Potter, Sheila) (Entered: 02/05/2014)

Feb. 5, 2014 PACER
36

Unopposed Motion for Extension of Time and to Amend Memorandum. Filed by Basic Rights Education Fund, Lisa Chickadonz, Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson, Paul Rummell, Christine Tanner, Benjamin West.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-TC (Johnson, Thomas) (Entered: 02/10/2014)

Feb. 10, 2014 PACER
37

ORDER: Granting Defendants' Unopposed Motion for Extension of Time to Answer (34) in case 6:13-cv-01834-MC ((19) and (22)in case 6:13-cv-02256-MC). Granting Joint Unopposed Motion for Extension of Time (36) in case 6:13-cv-01834-MC ( 21 in case 6:13-cv-02256-MC). Answer is due by 2/12/2014. Dispositive Motions from Rummell plaintiffs' are due by 2/18/2014 and amended memorandums from Geiger plaintiffs' are due 2/18/2014. Responses to Dispositive Motions are due by 3/18/2014. Replies to Dispositive Motions are due by 4/1/2014. Oral Argument remains set for 1:30PM on 4/23/2014 in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 02/11/2014)

Feb. 11, 2014 PACER
38

Unopposed Motion for Extension of Time to Answer Amended Complaint(17 in 6:13-cv-02256-MC). Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward, John Kitzhaber, Ellen Rosenblum, Jennifer Woodward.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Potter, Sheila) (Entered: 02/12/2014)

Feb. 12, 2014 PACER
39

Declaration of Sheila H. Potter . Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward, John Kitzhaber, Ellen Rosenblum, Jennifer Woodward. (Related document(s): Motion for Extension of Time to Answer a Complaint/Petition, (26 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Potter, Sheila) (Entered: 02/12/2014)

Feb. 12, 2014 PACER
40

ORDER: Granting Motion for Extension of Time to Answer (38) in case 6:13-cv-01834-MC; Granting Motion for Extension of Time to Answer (26) in case 6:13-cv-02256-MC. Answer is due by 2/20/2014. Ordered by Judge Michael J. McShane. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
41

Amended Order: Granting Defendants' Unopposed Motion for Extension of Time to Answer (34) in case 6:13-cv-01834-MC ((19) and (22)in case 6:13-cv-02256-MC). Granting Joint Unopposed Motion for Extension of Time (36) in case 6:13-cv-01834-MC ( 21 in case 6:13-cv-02256-MC). Answer is due by 2/12/2014. Dispositive Motions from Rummell plaintiffs' are due by 2/18/2014 and amended memorandums from Geiger plaintiffs' are due 2/18/2014. Responses to Dispositive Motions are due by 3/18/2014. Replies to Dispositive Motions are due by 4/1/2014. Amicus Briefs are due 4/1/2014. Oral Argument remains set for 1:30PM on 4/23/2014 in Eugene Courtroom 2 before Judge Michael J. McShane. Ordered by Judge Michael J. McShane.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
42

Motion for Summary Judgment . Oral Argument requested. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

Feb. 18, 2014 RECAP
43

Plaintiffs' First Amended Memorandum in Support of Motion for Summary Judgment. Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Related document(s): Motion for Summary Judgment(23 in 6:13-cv-01834-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Perriguey, Lake James) (Additional attachment(s) added on 2/26/2014: # 1 Memo with Active Hyperlinks) (cp). Modified on 2/26/2014 to attach Memo with active hyperlinks.(cp). (Entered: 02/18/2014)

1 Memo with Active Hyperlinks

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Feb. 18, 2014 PACER
44

Memorandum in Support of Motion for Summary Judgment. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
45

Second Declaration of Lea Ann Easton in Support of Motion for Summary Judgment. Filed by Robert Duehmig, Deanna L. Geiger, William Griesar, Janine M. Nelson. (Related document(s): Motion for Summary Judgment(23 in 6:13-cv-01834-MC).) (Attachments: # 1 Exhibit A)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Perriguey, Lake James) (Entered: 02/18/2014)

1 Exhibit A

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Feb. 18, 2014 PACER
46

Declaration of Misha Isaak in Support of Motion for Summary Judgment. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).) (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)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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Feb. 18, 2014 PACER
47

Declaration of Paul Rummell in Support of Motion for Summary Judgment. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
48

Declaration of Benjamin West in Support of Motion for Summary Judgment. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
49

Declaration of Lisa Chickadonz in Support of Motion for Summary Judgment. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
50

Declaration of Christine Tanner in Support of Motion for Summary Judgment. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
51

Declaration of Jeana Frazzini in Support of Motion for Summary Judgment. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).) (Attachments: # 1 Exhibit 1)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

1 Exhibit 1

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Feb. 18, 2014 PACER
52

Declaration of Eric Marcoux in Support of Motion for Summary Judgment. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
53

Declaration of Nicola Cowie in Support of Motion for Summary Judgment. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
54

Declaration of Maura C. Roche in Support of Motion for Summary Judgment. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
55

Declaration of Mark Johnson Roberts in Support of Motion for Summary Judgment. Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
56

Declaration of Mark Clift . Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
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Declaration of Gregory A. Chaimov . Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Johnson, Thomas) (Entered: 02/18/2014)

Feb. 18, 2014 PACER
58

Answer to Complaint and Affirmative Defenses to the Rummell Amended Complaint. Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward, John Kitzhaber, Ellen Rosenblum, Jennifer Woodward. (Attachments: # 1 Exhibit A)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Potter, Sheila) (Entered: 02/24/2014)

1 Exhibit A

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Feb. 24, 2014 RECAP
59

Response to Motion for Summary Judgment (42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC), Motion for Summary Judgment (23 in 6:13-cv-01834-MC). Filed by Randy Waldruff.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Von Ter Stegge, Katharine) (Entered: 03/04/2014)

March 4, 2014 PACER
60

Declaration of Marissa Madrigal in Support of Defendant Walruff's Response to Motions for Summary Judgment Filed in The Geiger and Rummell Cases. Filed by Randy Waldruff. (Related document(s): Response to Motion, (59 in 6:13-cv-01834-MC, 48 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Von Ter Stegge, Katharine) (Entered: 03/04/2014)

March 4, 2014 PACER
61

Declaration of Katharine von Ter Stegge in Support of Defendant Walruff's Response to Motions for Summary Judgment Filed in The Geiger and Rummell Cases. Filed by Randy Waldruff. (Related document(s): Response to Motion, (59 in 6:13-cv-01834-MC, 48 in 6:13-cv-02256-MC).) (Attachments: # 1 Exhibit A)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Von Ter Stegge, Katharine) (Entered: 03/04/2014)

1 Exhibit A

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March 4, 2014 PACER
62

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Hearing held on 1/22/2014 before Judge Michael J. McShane, Court Reporter Kristi Anderson, telephone number (541)431-4112. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 3/17/2014. Redaction Request due 3/31/2014. Redacted Transcript Deadline set for 4/10/2014. Release of Transcript Restriction set for 6/6/2014. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Anderson, Kristi) (Entered: 03/05/2014)

March 5, 2014 PACER
63

Notice of Association of Attorney Sheila H. Potter. Mary Williams. Filed by Jennifer Woodward, Ellen Rosenblum, John Kitzhaber, Jennifer Woodward, Ellen Rosenblum, John KitzhaberAssociated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Potter, Sheila) (Entered: 03/17/2014)

March 17, 2014 PACER
64

Response to Motion for Summary Judgment (42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC), Motion for Summary Judgment (23 in 6:13-cv-01834-MC). Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward, John Kitzhaber, Ellen Rosenblum, Jennifer Woodward.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Potter, Sheila) (Entered: 03/18/2014)

March 18, 2014 RECAP
65

Declaration of Sheila H. Potter . Filed by John Kitzhaber, Ellen Rosenblum, Jennifer Woodward, John Kitzhaber, Ellen Rosenblum, Jennifer Woodward. (Related document(s): Response to Motion, (64 in 6:13-cv-01834-MC, 53 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Potter, Sheila) (Entered: 03/18/2014)

March 18, 2014 RECAP
66

Motion for Leave to File Amici Curiae Memorandum in Support of Plaintiffs' Motions for Summary Judgment and Amici Curiae Memorandum. Filed by Oregon United for Marriage, Oregon Says I Do.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Berman, Steven) (Entered: 04/01/2014)

April 1, 2014 PACER
67

Declaration of Mike Marshall in Support of Oregon Says I Do and Oregon United for Marriage's Motion for Leave to File Amici Curiae Memorandum in Support of Plaintiffs' Motions for Summary Judgment and Amici Curiae Memorandum. Filed by Oregon Says I Do, Oregon United for Marriage. (Related document(s): Motion for Leave, (56 in 6:13-cv-02256-MC, 66 in 6:13-cv-01834-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Berman, Steven) (Entered: 04/01/2014)

April 1, 2014 PACER
68

Declaration of Steven C. Berman in Support of Oregon Says I Do and Oregon United for Marriage's Motion for Leave to File Amici Curiae Memorandum in Support of Plaintiffs' Motions for Summary Judgment and Amici Curiae Memorandum. Filed by Oregon Says I Do, Oregon United for Marriage. (Related document(s): Motion for Leave, (56 in 6:13-cv-02256-MC, 66 in 6:13-cv-01834-MC).) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Berman, Steven) (Entered: 04/01/2014)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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April 1, 2014 PACER
69

Unopposed Motion for Leave to File Brief of Oregon Employers as Amici Curiae in Support of Plaintiffs. Filed by Amici, Nike, Inc., NW Natural, Portland General Electric Company, Neil Kelly Company, Weinstein PR, Weinstein PR, Morel Ink, Gerding Edlen, Oregon Business Association, HM3 Energy, Inc., Intel Corporation, Oregon State University, Portland Timbers, Tonkon Torp, Portland State University, NW Evaluation Association, Christopher David Experience Design, Autodesk, Inc., Standard Insurance Company, Oregon Health & Science University, Columbia Sportswear Company, Powell's Books, Medford Fabrication, Russell Development Company, Torpet LLC, Portland Business Alliance, Portland Public Schools, Kaiser Foundation Health Plan, Inc., salesforce.com, Inc., Gard Communications, Celilo Group Media, Inc., Starbucks Coffee Company, Moda Health, EDJE Consulting, University of Oregon, and Jubitz Family Foundation.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Pedersen, Amy) Modified on 4/4/2014 to correct party filer(cp). (Entered: 04/02/2014)

April 2, 2014 PACER
70

Brief of Oregon Employers as Amici Curiae in Support of Plaintiffs. Filed by Amici, Nike, Inc., NW Natural, Portland General Electric Company, Neil Kelly Company, Weinstein PR, Weinstein PR, Morel Ink, Gerding Edlen, Oregon Business Association, HM3 Energy, Inc., Intel Corporation, Oregon State University, Portland Timbers, Tonkon Torp, Portland State University, NW Evaluation Association, Christopher David Experience Design, Autodesk, Inc., Standard Insurance Company, Oregon Health & Science University, Columbia Sportswear Company, Powell's Books, Medford Fabrication, Russell Development Company, Torpet LLC, Portland Business Alliance, Portland Public Schools, Kaiser Foundation Health Plan, Inc., salesforce.com, Inc., Gard Communications, Celilo Group Media, Inc., Starbucks Coffee Company, Moda Health, EDJE Consulting, University of Oregon, and Jubitz Family Foundation. (Related document(s): Motion for Leave(64 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Pedersen, Amy) Modified on 4/4/2014 to correct filer(cp). (Entered: 04/02/2014)

April 2, 2014 RECAP
71

Amended Motion for Leave to Appear Pro Hac Vice for Attorney Leonard J. Feldman . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3631582. Filed by All Plaintiffs.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Pedersen, Amy) (Entered: 04/02/2014)

April 2, 2014 PACER
72

Amended Motion for Leave to Appear Pro Hac Vice for Attorney James Will Eidson . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3631584. Filed by All Plaintiffs.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Pedersen, Amy) (Entered: 04/02/2014)

April 2, 2014 PACER
73

Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Unopposed Motion for Leave to File Brief of Oregon Employers as Amici Curiae in Support of Plaintiffs(64 in 6:13-cv-02256-MC, 69 in 6:13-cv-01834-MC). A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The filing indicates it was filed by all plaintiffs, when in fact it was filed by Amici, Nike, Inc., NW Natural, Portland General Electric Company, Neil Kelly Company, Weinstein PR, Weinstein PR, Morel Ink, Gerding Edlen, Oregon Business Association, HM3 Energy, Inc., Intel Corporation, Oregon State University, Portland Timbers, Tonkon Torp, Portland State University, NW Evaluation Association, Christopher David Experience Design, Autodesk, Inc., Standard Insurance Company, Oregon Health & Science University, Columbia Sportswear Company, Powell's Books, Medford Fabrication, Russell Development Company, Torpet LLC, Portland Business Alliance, Portland Public Schools, Kaiser Foundation Health Plan, Inc., salesforce.com, Inc., Gard Communications, Celilo Group Media, Inc., Starbucks Coffee Company, Moda Health, EDJE Consulting, University of Oregon, and Jubitz Family Foundation. The Clerk is directed to correct the docket text accordingly. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 04/04/2014)

April 4, 2014 PACER
95

ORDER: Granting Motion for Leave to Appear Pro Hac Vice of Leonard J. Feldman for Autodesk, Inc.,Celilo Group Media, Inc., Columbia Sportswear Company, EDJE Consulting, Gard Communications, Gerding Edlen, HM3 Energy, Inc., Intel Corporation, Jubitz Family Foundation, Kaiser Foundation Health Plan, Inc., Medford Fabrication, Moda Health, Morel Ink, NW Evaluation Association, NW Natural, Neil Kelly Company, Nike, Inc., Oregon Business Association, Oregon Health & Science University, Oregon State University, Portland Business Alliance, Portland General Electric Company, Portland Public Schools, Portland State University, Portland Timbers, Powell's Books, Russell Development Company, Standard Insurance Company, Starbucks Coffee Company, Tonkon Torp, Torpet LLC, University of Oregon, Weinstein PR, salesforce.com, Inc., PECI. Application Fee in amount of $100 collected. Receipt No. 0979-3631582 issued in case 6:13-cv-02256-MC. Signed on 4/4/14 by Judge Michael J. McShane. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (ljb) Modified on 4/24/2014 to clean up docket text and to remove parties not represented by this attorney(cp). (Entered: 04/23/2014)

April 4, 2014 PACER
74

Order for Administrative Correction of the Record pursuant to Fed. R. Civ. P. 60(a) regarding Brief(70 in 6:13-cv-01834-MC, 65 in 6:13-cv-02256-MC). A Clerical error has been discovered in the case record. The Clerk is directed to make the following administrative corrections to the record: The filing indicates it was filed by all plaintiffs, when in fact it was filed by Amici, Nike, Inc., NW Natural, Portland General Electric Company, Neil Kelly Company, Weinstein PR, Weinstein PR, Morel Ink, Gerding Edlen, Oregon Business Association, HM3 Energy, Inc., Intel Corporation, Oregon State University, Portland Timbers, Tonkon Torp, Portland State University, NW Evaluation Association, Christopher David Experience Design, Autodesk, Inc., Standard Insurance Company, Oregon Health & Science University, Columbia Sportswear Company, Powell's Books, Medford Fabrication, Russell Development Company, Torpet LLC, Portland Business Alliance, Portland Public Schools, Kaiser Foundation Health Plan, Inc., salesforce.com, Inc., Gard Communications, Celilo Group Media, Inc., Starbucks Coffee Company, Moda Health, EDJE Consulting, University of Oregon, and Jubitz Family Foundation. The Clerk is directed to correct the docket text accordingly. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 04/04/2014)

April 4, 2014 PACER
96

ORDER: Granting Motion for Leave to Appear Pro Hac Vice of James W. Eidson for Autodesk, Inc.,James W. Eidson for Basic Rights Education Fund,James W. Eidson for Celilo Group Media, Inc.,James W. Eidson for Christopher David Experience Design,James W. Eidson for Columbia Sportswear Company,James W. Eidson for EDJE Consulting,James W. Eidson for Gard Communications,James W. Eidson for Gerding Edlen,James W. Eidson for HM3 Energy, Inc.,James W. Eidson for Intel Corporation,James W. Eidson for Jubitz Family Foundation,James W. Eidson for Kaiser Foundation Health Plan, Inc.,James W. Eidson for Medford Fabrication,James W. Eidson for Moda Health,James W. Eidson for Morel Ink,James W. Eidson for NW Evaluation Association,James W. Eidson for NW Natural,James W. Eidson for Neil Kelly Company,James W. Eidson for Nike, Inc.,James W. Eidson for Oregon Business Association,James W. Eidson for Oregon Health & Science University,James W. Eidson for Oregon State University,James W. Eidson for Portland Business Alliance,James W. Eidson for Portland General Electric Company,James W. Eidson for Portland Public Schools,James W. Eidson for Portland State University,James W. Eidson for Portland Timbers,James W. Eidson for Powell's Books,James W. Eidson for Russell Development Company,James W. Eidson for Standard Insurance Company,James W. Eidson for Starbucks Coffee Company,James W. Eidson for Tonkon Torp,James W. Eidson for Torpet LLC,James W. Eidson for University of Oregon,James W. Eidson for Weinstein PR,James W. Eidson for salesforce.com, Inc.,James W. Eidson for Autodesk, Inc.,James W. Eidson for Celilo Group Media, Inc.,James W. Eidson for Christopher David Experience Design,James W. Eidson for Columbia Sportswear Company,James W. Eidson for EDJE Consulting,James W. Eidson for Gard Communications,James W. Eidson for Gerding Edlen,James W. Eidson for HM3 Energy, Inc.,James W. Eidson for Intel Corporation,James W. Eidson for Jubitz Family Foundation,James W. Eidson for Kaiser Foundation Health Plan, Inc.,James W. Eidson for Medford Fabrication,James W. Eidson for Moda Health,James W. Eidson for Morel Ink,James W. Eidson for NW Evaluation Association,James W. Eidson for NW Natural,James W. Eidson for Neil Kelly Company,James W. Eidson for Nike, Inc.,James W. Eidson for Oregon Business Association,James W. Eidson for Oregon Health & Science University,James W. Eidson for Oregon Says I Do,James W. Eidson for Oregon State University,James W. Eidson for Oregon United for Marriage,James W. Eidson for Portland Business Alliance,James W. Eidson for Portland General Electric Company,James W. Eidson for Portland Public Schools,James W. Eidson for Portland State University,James W. Eidson for Portland Timbers,James W. Eidson for Powell's Books,James W. Eidson for Ellen Rosenblum,James W. Eidson for Russell Development Company,James W. Eidson for Standard Insurance Company,James W. Eidson for Starbucks Coffee Company,James W. Eidson for Tonkon Torp,James W. Eidson for Torpet LLC,James W. Eidson for University of Oregon,James W. Eidson for Weinstein PR,James W. Eidson for salesforce.com, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-3631584 issued in case 6:13-cv-01834-MC; Granting Motion for Leave to Appear Pro Hac Vice of James W. Eidson for Autodesk, Inc.,James W. Eidson for Basic Rights Education Fund,James W. Eidson for Celilo Group Media, Inc.,James W. Eidson for Christopher David Experience Design,James W. Eidson for Columbia Sportswear Company,James W. Eidson for EDJE Consulting,James W. Eidson for Gard Communications,James W. Eidson for Gerding Edlen,James W. Eidson for HM3 Energy, Inc.,James W. Eidson for Intel Corporation,James W. Eidson for Jubitz Family Foundation,James W. Eidson for Kaiser Foundation Health Plan, Inc.,James W. Eidson for Medford Fabrication,James W. Eidson for Moda Health,James W. Eidson for Morel Ink,James W. Eidson for NW Evaluation Association,James W. Eidson for NW Natural,James W. Eidson for Neil Kelly Company,James W. Eidson for Nike, Inc.,James W. Eidson for Oregon Business Association,James W. Eidson for Oregon Health & Science University,James W. Eidson for Oregon State University,James W. Eidson for Portland Business Alliance,James W. Eidson for Portland General Electric Company,James W. Eidson for Portland Public Schools,James W. Eidson for Portland State University,James W. Eidson for Portland Timbers,James W. Eidson for Powell's Books,James W. Eidson for Russell Development Company,James W. Eidson for Standard Insurance Company,James W. Eidson for Starbucks Coffee Company,James W. Eidson for Tonkon Torp,James W. Eidson for Torpet LLC,James W. Eidson for University of Oregon,James W. Eidson for Weinstein PR,James W. Eidson for salesforce.com, Inc.,James W. Eidson for Autodesk, Inc.,James W. Eidson for Celilo Group Media, Inc.,James W. Eidson for Christopher David Experience Design,James W. Eidson for Columbia Sportswear Company,James W. Eidson for EDJE Consulting,James W. Eidson for Gard Communications,James W. Eidson for Gerding Edlen,James W. Eidson for HM3 Energy, Inc.,James W. Eidson for Intel Corporation,James W. Eidson for Jubitz Family Foundation,James W. Eidson for Kaiser Foundation Health Plan, Inc.,James W. Eidson for Medford Fabrication,James W. Eidson for Moda Health,James W. Eidson for Morel Ink,James W. Eidson for NW Evaluation Association,James W. Eidson for NW Natural,James W. Eidson for Neil Kelly Company,James W. Eidson for Nike, Inc.,James W. Eidson for Oregon Business Association,James W. Eidson for Oregon Health & Science University,James W. Eidson for Oregon Says I Do,James W. Eidson for Oregon State University,James W. Eidson for Oregon United for Marriage,James W. Eidson for Portland Business Alliance,James W. Eidson for Portland General Electric Company,James W. Eidson for Portland Public Schools,James W. Eidson for Portland State University,James W. Eidson for Portland Timbers,James W. Eidson for Powell's Books,James W. Eidson for Ellen Rosenblum,James W. Eidson for Russell Development Company,James W. Eidson for Standard Insurance Company,James W. Eidson for Starbucks Coffee Company,James W. Eidson for Tonkon Torp,James W. Eidson for Torpet LLC,James W. Eidson for University of Oregon,James W. Eidson for Weinstein PR,James W. Eidson for salesforce.com, Inc.. Application Fee in amount of $100 collected. Receipt No. 0979-3631584 issued in case 6:13-cv-02256-MC. Signed on 4/4/14 by Judge Michael J. McShane. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (ljb) (Entered: 04/23/2014)

April 4, 2014 PACER
75

ORDER: Granting Unopposed Motion for Leave to File Brief of Oregon Employers as Amici Curiae in Support of Plaintiffs (69) in case 6:13-cv-01834-MC; Granting Motion for Leave (64) in case 6:13-cv-02256-MC. Ordered by Judge Michael J. McShane. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 04/04/2014)

April 4, 2014 PACER
76

ORDER: Granting Oregon United for Marriage and Oregon Says I Do's Motion for Leave (66) in case 6:13-cv-01834-MC (Granting Motion for Leave (56) in case 6:13-cv-02256-MC). Ordered by Judge Michael J. McShane. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 04/04/2014)

April 4, 2014 PACER
77

Request for Refund of Fees Paid Electronically regarding Amended Motion for Leave to Appear Pro Hac Vice for Attorney James Will Eidson . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3631584(67 in 6:13-cv-02256-MC, 72 in 6:13-cv-01834-MC), Amended Motion for Leave to Appear Pro Hac Vice for Attorney Leonard J. Feldman . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3631582(66 in 6:13-cv-02256-MC, 71 in 6:13-cv-01834-MC) . Filed by Autodesk, Inc., Celilo Group Media, Inc., Christopher David Experience Design, Columbia Sportswear Company, EDJE Consulting, Gard Communications, Gerding Edlen, HM3 Energy, Inc., Intel Corporation, Jubitz Family Foundation, Kaiser Foundation Health Plan, Inc., Medford Fabrication, Moda Health, Morel Ink, NW Evaluation Association, NW Natural, Neil Kelly Company, Nike, Inc., Oregon Business Association, Oregon Health & Science University, Oregon State University, Portland Business Alliance, Portland General Electric Company, Portland Public Schools, Portland State University, Portland Timbers, Powell's Books, Russell Development Company, Standard Insurance Company, Starbucks Coffee Company, Tonkon Torp, Torpet LLC, University of Oregon, Weinstein PR, salesforce.com, Inc.. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Pedersen, Amy) (Entered: 04/08/2014)

April 8, 2014 PACER
78

Unopposed Motion for Leave to File Brief of Oregon Religious Organizations as Amici Curaie in Support of Plaintiffs. Filed by Community Relations Committee of the Jewish Federation of Greater Portland, Oregon Area Jewish Committee, Oregon Board of Rabbis.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Cavanaugh, Heather) (Entered: 04/08/2014)

April 8, 2014 PACER
79

Brief of Oregon Religious Organizations as Amici Curaie in Support of Plaintiffs. Filed by Community Relations Committee of the Jewish Federation of Greater Portland, Oregon Area Jewish Committee, Oregon Board of Rabbis. (Related document(s): Motion for Leave, (74 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Cavanaugh, Heather) (Entered: 04/08/2014)

April 8, 2014 PACER
80

ORDER: Granting Community Relations Committee of the Jewish Federation of Greater Portland, Oregon Area Jewish Committee, Oregon Board of Rabbis' Motion for Leave (78) in case 6:13-cv-01834-MC; Granting Motion for Leave (74) in case 6:13-cv-02256-MC. Ordered by Judge Michael J. McShane. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 04/09/2014)

April 9, 2014 PACER
81

Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: 0979-3628993. The request has been granted and the amount of $100.00 will be refunded to Stoel Rives LLP Related Doc (77 in 6:13-cv-01834-MC, 73 in 6:13-cv-02256-MC) Request for Refund of Fees Paid Electronically. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (ljp) (Entered: 04/11/2014)

April 11, 2014 PACER
82

Clerk's Notice of Pay.gov Refund regarding Agency Tracking ID: 0979-3629020. The request has been granted and the amount of $100.00 will be refunded to Stoel Rives LLP Related Doc (77 in 6:13-cv-01834-MC, 73 in 6:13-cv-02256-MC) Request for Refund of Fees Paid Electronically. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC(ljp) (Entered: 04/11/2014)

April 11, 2014 PACER
83

Order: Judge McShane requests that the parties confer prior to the hearing to discuss the order in which the parties will proceed and to designate which attorneys will be making the oral arguments. Charlene Pew, my courtroom deputy, will escort the attorneys to chambers 15 minutes prior to the hearing for an in chambers discussion. The court would also like to know what parties or party representatives will be present for the arguments. The parties should be prepared to discuss their position regarding a stay of any court order pending further clarification by the Ninth Circuit or further action by Oregon voters. (Related Docs. Motion for Summary Judgment (23 in 6:13-cv-01834-MC), Scheduling Order (30 in 6:13-cv-02256-MC, 41 in 6:13-cv-01834-MC), Motion for Summary Judgment (42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC). Ordered by Judge Michael J. McShane. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 04/21/2014)

April 21, 2014 PACER
84

Notice re Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC) of Supplemental Authorities Filed by All Plaintiffs (Related document(s): Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Middleton, Jennifer) (Entered: 04/21/2014)

April 21, 2014 RECAP
85

Order: Oral Argument regarding the Motion for Summary Judgment is currently set for 1:30 P.M. on 4/23/2014 in Eugene Courtroom 2 before Judge Michael J. McShane. The proceeding will be broadcast for overflow purposes to Courtroom 3 in Eugene and to Courtroom 12A in Portland. No electronic devices of any kind will be allowed in Courtroom 2 or the overflow courtrooms for this proceeding. Counsel for a named party unable to attend the hearing in person is directed to contact Charlene Pew, Courtroom Deputy to Judge McShane by 5:00 P.M. on 4/22/2014 to arrange for attendance via telephone conference. Counsel for the parties can arrange for overnight delivery of a transcript of the proceedings by contacting Court Reporter, Kristi Anderson at (541) 431-4112 prior to the hearing. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 04/21/2014)

April 21, 2014 PACER
86

Motion to Intervene . Filed by National Organization for Marriage, Inc..Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Harris, Roger) (Entered: 04/21/2014)

April 21, 2014 RECAP
87

Memorandum in Support of Motion to Intervene. Filed by National Organization for Marriage, Inc.. (Related document(s): Motion to intervene(84 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Harris, Roger) (Entered: 04/21/2014)

April 21, 2014 RECAP
88

Declaration of Brian S. Brown in Support of Motion to Intervene. Filed by National Organization for Marriage, Inc.. (Related document(s): Motion to intervene(84 in 6:13-cv-02256-MC).)Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Harris, Roger) (Entered: 04/21/2014)

April 21, 2014 RECAP
89

Proposed Answer to (8 in 6:13-cv-01834-MC) Amended Complaint . Filed by National Organization for Marriage, Inc..Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Harris, Roger) (Entered: 04/21/2014)

April 21, 2014 RECAP
90

Corporate Disclosure Statement . Filed by National Organization for Marriage, Inc.. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Harris, Roger) (Entered: 04/21/2014)

April 21, 2014 RECAP
91

Motion for Leave to Appear Pro Hac Vice for Attorney John C. Eastman . Filing fee in the amount of $100 collected; Agency Tracking ID: 0979-3651249. Filed by National Organization for Marriage, Inc..Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Harris, Roger) (Entered: 04/21/2014)

April 21, 2014 PACER
92

Motion to Postpone Summary Judgment Hearing and Extend Time for Submitting Rule 56 Memoranda. Filed by National Organization for Marriage, Inc..Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Harris, Roger) (Entered: 04/22/2014)

April 22, 2014 RECAP
97

ORDER: Granting Motion for Leave to Appear Pro Hac Vice of John C. Eastman for National Organization for Marriage, Inc.,John C. Eastman for National Organization for Marriage, Inc. Application Fee in amount of $100 collected. Receipt No. 0979-3651249 issued in case 6:13-cv-01834-MC; Granting Motion for Leave to Appear Pro Hac Vice of John C. Eastman for National Organization for Marriage, Inc.,John C. Eastman for National Organization for Marriage, Inc. Application Fee in amount of $100 collected. Receipt No. 0979-3651249 issued in case 6:13-cv-02256-MC. Signed on 4/22/14 by Judge Michael J. McShane. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (ljb) (Entered: 04/23/2014)

April 22, 2014 PACER
93

ORDER: Oral argument on plaintiff's motion for summary judgement was scheduled on January 22, 2014, for tomorrow afternoon. Today, a proposed intervenor represented by California counsel, moves this court to postpone argument while the court considers their motion to intervene filed at 11:00 P.M. last night. The Motion to Postpone 92 is DENIED as untimely. In order to brief and participate in any motion for summary judgement, the proposed intervenor must first demonstrate it has standing to intervene. The court will not issue a decision on summary judgement pending resolution of the motion to intervene. If intervention is allowed, the court will schedule a second briefing schedule on summary judgement or the court will set the matter for trial. All responses to the Motion to Intervene 86 are due May 2, 2014. Proposed intervenor is to reply by May 9, 2014. Oral argument on the motion to intervene 86 is set for 9:00 A.M. on 5/14/2014 in Courtroom 2 of the Eugene Courthouse before Judge Michael J. McShane. The attorneys are to appear in person. Ordered by Judge Michael J. McShane. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 04/22/2014)

April 22, 2014 PACER
94

Supplemental Declaration of Paul Rummell . Filed by Basic Rights Education Fund, Lisa Chickadonz, Paul Rummell, Christine Tanner, Benjamin West. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Isaak, Misha) (Entered: 04/23/2014)

April 23, 2014 RECAP
98

MINUTES of Proceedings: Motion Hearing Held regarding Motion for Summary Judgment(42 in 6:13-cv-01834-MC, 31 in 6:13-cv-02256-MC) and Motion for Summary Judgment(23 in 6:13-cv-01834-MC). Lake Perriguey and Lea Ann Easton present as counsel for Geiger plaintiffs; Jennifer Middleton, Tom Johnson, Misha Isaak, Amanda Goad and Kevin Diaz present as counsel for Rummell plaintiffs. Sheila Potter, Mary Williams and Anna Joyce present as counsel for State of Oregon defendants; Kate von Ter Stegge present as counsel for Multnomah County defendant. Court Reporter: Kristi Anderson. Judge Michael J. McShane presiding. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 04/23/2014)

April 23, 2014 PACER
99

Order: The Oral Argument hearing currently scheduled to be heard on 5/14/2014 will be broadcast for overflow purposes to Courtroom 3 in Eugene and to Courtroom 12A in Portland. No electronic devices of any kind will be allowed in Courtroom 2 or the overflow courtrooms for this proceeding. Ordered by Judge Michael J. McShane. Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (cp) (Entered: 04/28/2014)

April 28, 2014 PACER
100

Notice REQUEST REGARDING RECUSAL UNDER 28 U.S.C. § 455 Filed by National Organization for Marriage, Inc.Associated Cases: 6:13-cv-01834-MC, 6:13-cv-02256-MC (Harris, Roger) (Entered: 04/29/2014)

April 29, 2014 RECAP

State / Territory: Oregon

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Oct. 15, 2013

Closing Date: April 20, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two same-sex couples that seek to be married in Multnomah County Oregon.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The State of Oregon, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: $132,690

Issues

General:

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male