Case: McNosky v. Perry

1:13-cv-00631 | U.S. District Court for the Western District of Texas

Filed Date: July 29, 2013

Closed Date: Aug. 21, 2015

Clearinghouse coding complete

Case Summary

On July 29, 2013, a same-sex couple who was denied a marriage license brought suit in the U.S. District Court of the Western District of Texas against the state of Texas. The plaintiffs represented themselves pro se, and sought a declaration that any Texas statutes and state constitutional amendments that prohibited same-sex marriage were unconstitutional. They also sought preliminary and permanent injunctions to prevent the defendants from enforcing the same-sex marriage ban. The plaintiffs cl…

On July 29, 2013, a same-sex couple who was denied a marriage license brought suit in the U.S. District Court of the Western District of Texas against the state of Texas. The plaintiffs represented themselves pro se, and sought a declaration that any Texas statutes and state constitutional amendments that prohibited same-sex marriage were unconstitutional. They also sought preliminary and permanent injunctions to prevent the defendants from enforcing the same-sex marriage ban.

The plaintiffs claimed that Texas' ban on same-sex marriage violated their constitutional rights under the Equal Protection and Due Process Clause. They further claimed that the ban interfered with their ability to be recognized as a family and obstructed the flow of social and administrative benefits that a different-sex married couple would enjoy.

The defendants filed a motion to consolidate this case with Zahrn v. Perry and De Leon v. Perry, which was denied on January 10, 2014.

Subsequently, the plaintiffs submitted a motion for summary judgment to the court (Judge Sam Sparks) on January 12, 2014. On March 12, 2014, the defendants moved to stay the case. In the interest of judicial efficiency, the motion asked that the current case not to proceed until a similar case, De Leon v. Perry, was decided. On September 10, 2014, the court granted the defendants' motion to stay the case and dismissed all pending motions without prejudice to refile after the Fifth Circuit opinion issued their opinion.

Following the Supreme Court's decision in Obergefell v. Hodges, 135 S.Ct. 2584 (2015), which held that the Fourteenth Amendment requires all states to grant same-sex marriages and recognize same-sex marriages granted in other states. Additionally, the Fifth Circuit in De Leon v. Abbott, 791 F.3d 619 (5th Cir. 2015), applied Obergefell to the Texas case. In light of these developments, the parties here agreed to a voluntary dismissal and the court dismissed the case on August 21, 2015.

The case is now closed.

Summary Authors

Megan Dolan (7/31/2014)

Eva Richardson (1/11/2019)

Carol Chen (7/5/2020)

Related Cases

De Leon v. Perry, Western District of Texas (2013)

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4401008/parties/mcnosky-v-perry/


Judge(s)
Attorney for Plaintiff

McNosky, Christopher (Texas)

Attorney for Defendant

Chasnoff, Barry A. (Texas)

Deane, William T. (Texas)

Friemel, Russell A. (Texas)

Lane, Daniel McNeel (Texas)

Documents in the Clearinghouse

Documents in this case

1:13-cv-00631

Docket [PACER]

Aug. 21, 2015

Aug. 21, 2015

Docket
1

1:13-cv-00631

Complaint

July 29, 2013

July 29, 2013

Complaint
10

1:13-cv-00631

Second Amended Complaint

Oct. 9, 2013

Oct. 9, 2013

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4401008/mcnosky-v-perry/

Last updated Aug. 23, 2026, 4:20 a.m.

Docket for: McNosky v. Perry
ECF Number Date Description Link
1 July 29, 2013

COMPLAINT ( Filing fee $ 400 receipt number 100018262), filed by Christopher Daniel McNosky, Sven Stricker. (Attachments: # 1 Civil Cover Sheet and Receipt)(os) (Entered: 07/30/2013)

1 Civil Cover Sheet and Receipt

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2 July 29, 2013

Summons Issued as to The State of Texas. (os) (Entered: 07/30/2013)

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3 Aug. 19, 2013

AMENDED COMPLAINT against Rick Perry amending 1 Complaint, filed by Christopher Daniel McNosky, Sven Stricker.(kkc) (Entered: 08/19/2013)

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4 Aug. 19, 2013

Summons Issued as to Rick Perry. (kkc) (Entered: 08/19/2013)

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5 Sept. 11, 2013

SUMMONS Returned Executed by Christopher Daniel McNosky, Sven Stricker. Rick Perry served on 8/23/2013, answer due 9/13/2013. (kkc) (Entered: 09/12/2013)

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6 Sept. 16, 2013

MOTION to Dismiss by Rick Perry. (Deane, William) (Entered: 09/16/2013)

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7 Sept. 16, 2013

ANSWER to 3 Amended Complaint by Rick Perry.(Deane, William) (Entered: 09/16/2013)

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8 Oct. 3, 2013

MOTION to Amend Complaint by Christopher Daniel McNosky, Sven Stricker. (Attachments: # 1 Proposed Second Amended Complaint, # 2 Summons, # 3 Envelope) (kkc) (Entered: 10/03/2013)

1 Proposed Second Amended Complaint

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2 Summons

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3 Envelope

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9 Oct. 9, 2013

ORDER GRANTING 8 Motion for Leave to File Amended Complaint; DISMISSING WITHOUT PREJUDICE 6 Motion to Dismiss. Signed by Judge Sam Sparks. (kkc) (Entered: 10/09/2013)

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10 Oct. 9, 2013

SECOND AMENDED COMPLAINT against Rick Perry, Greg Abbott, Mary Louise Garcia amending 3 Amended Complaint, filed by Christopher Daniel McNosky, Sven Stricker.(kkc) (Entered: 10/09/2013)

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11 Oct. 15, 2013

Summons Issued as to Greg Abbott, Mary Louise Garcia, Rick Perry. (kkc) (Entered: 10/15/2013)

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12 Oct. 17, 2013

MOTION for Permission for Electronic Case Filing by Christopher Daniel McNosky, Sven Stricker. (kkc) (Entered: 10/17/2013)

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13 Oct. 23, 2013

ANSWER to 10 Amended Complaint by Greg Abbott, Rick Perry.(Deane, William) (Entered: 10/23/2013)

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14 Oct. 31, 2013

ORDER GRANTING 12 Motion for Electronic Filing. Signed by Judge Sam Sparks. (kkc) (Entered: 10/31/2013)

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15 Oct. 31, 2013

CERTIFICATE OF SERVICE by Christopher Daniel McNosky, Sven Stricker 12 MOTION for Permission for Electronic Case Filing. (kkc) (Entered: 10/31/2013)

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16 Nov. 6, 2013

Order for Proposed Scheduling Order. Proposed Scheduling Order due by 12/23/2013. Signed by Judge Sam Sparks. (kkc) (Entered: 11/06/2013)

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17 Nov. 12, 2013

Opposed MOTION to Consolidate Cases by Greg Abbott, Rick Perry. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Proposed Order)(Deane, William) (Entered: 11/12/2013)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Proposed Order

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18 Nov. 14, 2013

MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Christopher Daniel McNosky, Sven Stricker. (Attachments: # 1 Proposed Order)(McNosky, Christopher) (Entered: 11/14/2013)

1 Proposed Order

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19 Nov. 15, 2013

MOTION for Extension of Time to File Response/Reply as to 17 Opposed MOTION to Consolidate Cases by Christopher Daniel McNosky, Sven Stricker. (Attachments: # 1 Certificate of Conference, # 2 Certificate of Service, # 3 Proposed Order)(McNosky, Christopher) (Entered: 11/15/2013)

1 Certificate of Conference

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2 Certificate of Service

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3 Proposed Order

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20 Nov. 19, 2013

Response in Opposition to Motion, filed by Christopher Daniel McNosky, Sven Stricker, re 17 Opposed MOTION to Consolidate Cases filed by Defendant Rick Perry, Defendant Greg Abbott (McNosky, Christopher) (Entered: 11/19/2013)

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21 Nov. 20, 2013

MOTION to Intervene by Cleopatra DeLeon, Nicole Dimetman, Victor Holmes, Mark Phariss. (Attachments: # 1 Exhibit 1, # 2 Proposed Order) (kkc) (Entered: 11/20/2013)

1 Exhibit 1

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2 Proposed Order

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22 Nov. 20, 2013

ORDER GRANTING 19 Motion for Extension of Time to Respond to Defendants' Motion to Consolidate; Response due by 11/26/2013. Signed by Judge Sam Sparks. (kkc) (Entered: 11/20/2013)

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23 Nov. 21, 2013

RESPONSE to Motion, filed by Greg Abbott, Rick Perry, re 18 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Plaintiff Christopher Daniel McNosky, Plaintiff Sven Stricker (Attachments: # 1 Proposed Order)(Deane, William) (Entered: 11/21/2013)

1 Proposed Order

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24 Nov. 23, 2013

Amended MOTION for Preliminary Injunction, Amended MOTION for Temporary Restraining Order by Christopher Daniel McNosky, Sven Stricker. (Attachments: # 1 Affidavit, # 2 Affidavit)(McNosky, Christopher) (Entered: 11/23/2013)

1 Affidavit

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2 Affidavit

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25 Nov. 23, 2013

ATTACHMENT Proposed Order to 24 Amended MOTION for Preliminary Injunction Amended MOTION for Temporary Restraining Order by Christopher Daniel McNosky, Sven Stricker. (McNosky, Christopher) Modified docket text on 11/25/2013 (kkc). (Entered: 11/23/2013)

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26 Nov. 25, 2013

REPLY to Response to Motion, filed by Greg Abbott, Rick Perry, re 17 Opposed MOTION to Consolidate Cases filed by Defendant Rick Perry, Defendant Greg Abbott (Deane, William) (Entered: 11/25/2013)

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27 Nov. 26, 2013

Opposed MOTION for Extension of Time to File Response/Reply as to 24 Amended MOTION for Preliminary Injunction Amended MOTION for Temporary Restraining Order by Greg Abbott, Rick Perry. (Attachments: # 1 Proposed Order)(Deane, William) (Entered: 11/26/2013)

1 Proposed Order

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28 Nov. 27, 2013

Response in Opposition to Motion, filed by Christopher Daniel McNosky, Sven Stricker, re 27 Opposed MOTION for Extension of Time to File Response/Reply as to 24 Amended MOTION for Preliminary Injunction Amended MOTION for Temporary Restraining Order filed by Defendant Rick Perry, Defendant Greg Abbott (Attachments: # 1 Proposed Order)(McNosky, Christopher) (Entered: 11/27/2013)

1 Proposed Order

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29 Dec. 2, 2013

ORDER GRANTING 27 Motion for Extension of Time to File Response and Objections to Plaintiffs' Amended Motion for Temporary Restraining Order and Preliminary Injunction; Response/Objections due by 12/27/2013. Signed by Judge Sam Sparks. (kkc) (Entered: 12/02/2013)

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30 Dec. 4, 2013

CERTIFICATE OF SERVICE by Christopher Daniel McNosky, Sven Stricker re: 10 Amended Complaint. Mary Louise Garcia served on 11/19/2013, answer due 12/10/2013. (McNosky, Christopher) Modified docket text on 12/4/2013 (kkc). (Entered: 12/04/2013)

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31 Dec. 9, 2013

Scheduling Recommendations -Joint Discovery Plan by Greg Abbott, Christopher Daniel McNosky, Rick Perry, Sven Stricker. (Deane, William) (Entered: 12/09/2013)

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32 Dec. 10, 2013

MOTION to Dismiss /Brief AND Resp to Amended TRO & Injunction by Mary Louise Garcia. (Friemel, Russell) (Entered: 12/10/2013)

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33 Dec. 11, 2013

ORDER (All Pending Matters set for 1/9/2014 at 2:00 PM before Judge Sam Sparks). Signed by Judge Sam Sparks. (kkc) (Entered: 12/11/2013)

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34 Dec. 17, 2013

RESPONSE to 31 Scheduling Recommendations/Proposed Scheduling Order by Mary Louise Garcia. (Friemel, Russell) (Entered: 12/17/2013)

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35 Dec. 18, 2013

Proposed Scheduling Order -Joint by Greg Abbott, Rick Perry. (Deane, William) (Entered: 12/18/2013)

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36 Dec. 23, 2013

NOTICE of Attorney Appearance by Michael P. Murphy on behalf of Greg Abbott, Rick Perry. Attorney Michael P. Murphy added to party Greg Abbott(pty:dft), Attorney Michael P. Murphy added to party Rick Perry(pty:dft) (Attachments: # 1 Supplement Certificate of Service)(Murphy, Michael) (Entered: 12/23/2013)

1 Supplement Certificate of Service

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37 Dec. 23, 2013

MOTION for Summary Judgment by Christopher Daniel McNosky, Sven Stricker. (Attachments: # 1 Affidavit, # 2 Affidavit)(McNosky, Christopher) (Entered: 12/23/2013)

1 Affidavit

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2 Affidavit

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38 Dec. 23, 2013

NON-CONSENT to Trial by US Magistrate Judge by Mary Louise Garcia (Friemel, Russell) Modified docket text on 12/23/2013 (kkc). (Entered: 12/23/2013)

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39 Dec. 23, 2013

Response in Opposition to Motion, filed by Greg Abbott, Rick Perry, re 24 Amended MOTION for Preliminary Injunction Amended MOTION for Temporary Restraining Order filed by Plaintiff Christopher Daniel McNosky, Plaintiff Sven Stricker (Attachments: # 1 Appendix Exhibit1, # 2 Proposed Order Proposed Order)(Murphy, Michael) (Entered: 12/23/2013)

1 Appendix Exhibit1

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2 Proposed Order Proposed Order

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40 Dec. 23, 2013

NON-CONSENT to Trial by US Magistrate Judge by Christopher Daniel McNosky. (McNosky, Christopher) (Entered: 12/23/2013)

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41 Dec. 23, 2013

NON-CONSENT to Trial by US Magistrate Judge by Sven Stricker. (McNosky, Christopher) (Entered: 12/23/2013)

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42 Dec. 30, 2013

Opposed MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment by Greg Abbott, Rick Perry. (Attachments: # 1 Appendix A, # 2 Proposed Order)(Deane, William) (Entered: 12/30/2013)

1 Appendix A

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2 Proposed Order

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43 Jan. 6, 2014

Opposed MOTION for Extension of Time to File Response/Reply as to 37 MOTION for Summary Judgment by Mary Louise Garcia. (Attachments: # 1 Proposed Order)(Friemel, Russell) (Entered: 01/06/2014)

1 Proposed Order

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44 Jan. 6, 2014

SUPPLEMENTAL MEMORANDUM to 32 MOTION to Dismiss /Brief AND Resp to Amended TRO & Injunction by Mary Louise Garcia. (Friemel, Russell) (Entered: 01/06/2014)

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45 Jan. 7, 2014

NON-CONSENT to Trial by US Magistrate Judge by Greg Abbott, Rick Perry. (Deane, William) (Entered: 01/07/2014)

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46 Jan. 8, 2014

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

1 Exhibit Order in pending case

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47 Jan. 9, 2014

Minute Entry for proceedings held before Judge Sam Sparks: Hearing held on All Pending Matters on 1/9/2014 (Minute entry documents are not available electronically.). (Court Reporter Lily Reznik.)(td) (Entered: 01/10/2014)

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49 Jan. 10, 2014

ORDER DISMISSING WITHOUT PREJUDICE 17 Motion to Consolidate; GRANTING 21 Motion to Intervene, for the limited purpose of opposing the Motion to Consolidate, but these plaintiffs are not parties to the McNosky case at this time; GRANTING 42 Motion for Extension of Time to File Response to Plaintiffs' Motion for Summary Judgment; GRANTING 43 Motion for Extension of Time to File Response to Plaintiffs' Motion for Summary Judgment; Responses due 20 days from entry of this order. Signed by Judge Sam Sparks. (kkc) (Entered: 01/13/2014)

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48 Jan. 12, 2014

Amended MOTION for Summary Judgment by Christopher Daniel McNosky. (Attachments: # 1 Affidavit, # 2 Affidavit)(McNosky, Christopher) (Entered: 01/12/2014)

1 Affidavit

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2 Affidavit

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50 Jan. 23, 2014

Transcript filed of Proceedings held on January 9, 2014, Proceedings Transcribed: All Pending Matters. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792. 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 2/13/2014, Redacted Transcript Deadline set for 2/24/2014, Release of Transcript Restriction set for 4/23/2014, (Reznik, Lily) (Entered: 01/23/2014)

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51 Jan. 28, 2014

ADVISORY TO THE COURT by Greg Abbott, Mary Louise Garcia, Rick Perry. (Murphy, Michael) Modified on 1/28/2014 to remove filers (kkc). (Entered: 01/28/2014)

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52 Jan. 28, 2014

Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motion for Summary Judgment by Greg Abbott, Mary Louise Garcia, Rick Perry. (Attachments: # 1 Proposed Order)(Murphy, Michael) (Entered: 01/28/2014)

1 Proposed Order

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53 Feb. 3, 2014

ORDER GRANTING 52 Motion for Extension of Time to File Response to Plaintiffs' Motion for Summary Judgment; this case will be on the same schedule as established by agreement in cause no. 13cv631 and 13cv955. Signed by Judge Sam Sparks. (kkc) (Entered: 02/03/2014)

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54 March 12, 2014

MOTION to Stay Case by Greg Abbott, Rick Perry. (Attachments: # 1 Proposed Order Granting Stay Proceedings)(Murphy, Michael) (Entered: 03/12/2014)

1 Proposed Order Granting Stay Proceedings

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55 March 22, 2014

Response in Opposition to Motion, filed by Christopher Daniel McNosky, re 54 MOTION to Stay Case filed by Defendant Rick Perry, Defendant Greg Abbott (Attachments: # 1 Certificate of Service, # 2 Proposed Order)(McNosky, Christopher) (Entered: 03/22/2014)

1 Certificate of Service

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2 Proposed Order

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56 Sept. 10, 2014

ORDER GRANTING 54 Motion to Stay Proceedings; all pending motions ( 18, 24, 32, 37, 48 ) are DISMISSED without prejudice to refiling after the United States Court of Appeals for the Fifth Circuit renders its opinion in the related case. Signed by Judge Sam Sparks. (kkc) (Entered: 09/10/2014)

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57 June 29, 2015

ADVISORY TO THE COURT by Mary Louise Garcia. (Friemel, Russell) (Entered: 06/29/2015)

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58 July 16, 2015

ORDER that within fifteen (15) days of this date any party herein must file a pleading to show cause why this case should remain open and specify any factual or legal issue surviving in this cause. Signed by Judge Sam Sparks. (klw) (Entered: 07/16/2015)

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59 July 22, 2015

RESPONSE to 58 Order to Show Cause by Greg Abbott, Rick Perry, The State of Texas. (Attachments: # 1 Proposed Order)(Deane, William) Modified on 7/22/2015 to create link and add text (klw). (Entered: 07/22/2015)

1 Proposed Order

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60 July 22, 2015

DEFICIENCY NOTICE to William T. Deane: re 59 Response to Order to Show Cause. Pursuant to the Administrative Policies and Procedures Section 3g, with the exception of multiple motion types,...each filing must consist of only one pleading. Multiple pleadings...must be filed as separate documents. Your document contains a RESPONSE and a MOTION. Your RESPONSE has been filed. Please re-file you MOTION separately. (klw) (Entered: 07/22/2015)

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61 July 23, 2015

MOTION to Dismiss as Moot by Greg Abbott, Rick Perry. (Attachments: # 1 Proposed Order)(Deane, William) (Entered: 07/23/2015)

1 Proposed Order

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62 July 30, 2015

RESPONSE to Show Cause Order 58 by Mary Louise Garcia. (Friemel, Russell) Modified on 7/30/2015 to add text and create link (td). (Entered: 07/30/2015)

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63 Aug. 10, 2015

ORDER Setting All Pending Matters. Hearing set for 8/21/2015 02:00 PM before Judge Sam Sparks. Signed by Judge Sam Sparks. (os) (Entered: 08/11/2015)

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64 Aug. 19, 2015

NOTICE of Voluntary Dismissal by Christopher Daniel McNosky (McNosky, Christopher) (Entered: 08/19/2015)

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65 Aug. 20, 2015

ORDER re 64 Notice of Voluntary Dismissal filed by Christopher Daniel McNosky. IT IS HEREBY ORDERED that the hearing for ALL PENDING MATTERS onFriday, August 21, 2015 at 02:00 PM is hereby CANCELLED until further order of thecourt. Signed by Judge Sam Sparks. (os) (Entered: 08/20/2015)

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66 Aug. 21, 2015

ORDER DISMISSING CASE. Signed by Judge Sam Sparks. (os) (Entered: 08/21/2015)

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Case Details

State / Territory:

Texas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Same-Sex Marriage

Key Dates

Filing Date: July 29, 2013

Closing Date: Aug. 21, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are a couple living in the state of Texas who were denied a marriage license because both were the same sex.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Texas

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

Western District of Texas 1:13-cv-00631

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

General/Misc.:

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination Basis:

Sex discrimination

Sexual orientation

Affected Sex/Gender(s):

Female

Male

LGBTQ+:

LGBTQ+

Recommended Citation