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Case: Evans v. Utah

2:14-cv-00055 | U.S. District Court for the District of Utah

Filed Date: Jan. 6, 2014

Closed Date: Nov. 24, 2014

Clearinghouse coding complete

Case Summary

In Kitchen v. Herbert, on December 20, 2013, the U.S. District Court for the District of Utah found Utah's ban on same-sex marriage unconstitutional. About 1,300 same-sex marriages took place in Utah between that order and January 6, 2014, when the Supreme Court granted the state an emergency stay of order in Kitchen. Although these marriages were recognized as legal by U.S. Attorney General Eric Holder, the State declined to recognize them. Instead, on January 8th, 2014, the Governor's offic…

In Kitchen v. Herbert, on December 20, 2013, the U.S. District Court for the District of Utah found Utah's ban on same-sex marriage unconstitutional. About 1,300 same-sex marriages took place in Utah between that order and January 6, 2014, when the Supreme Court granted the state an emergency stay of order in Kitchen. Although these marriages were recognized as legal by U.S. Attorney General Eric Holder, the State declined to recognize them. Instead, on January 8th, 2014, the Governor's office issued a directive stating that "[b]ased on counsel from the Attorney General's Office regarding the Supreme Court decision, state recognition of same-sex marital status is ON HOLD until further notice." This case reflects litigation on that issue.

On January 28th, 2014, four same-sex couples married in Utah between December 20th, 2013 and January 6th, 2014 brought suit under 42 U.S.C. §1983 against the State of Utah in the U.S. District Court for the District of Utah. The plaintiffs were represented by attorneys from the American Civil Liberties Union. They sought recognition of their marriages and costs of suit and reasonable attorneys' fees. The plaintiffs alleged that they had valid marriages under Utah Code Title 30 Chapter 1, and argued that by putting their marriages "on hold", the defendants violated the plaintiffs' rights to due process of law under the United States and Utah constitutions.

On February 4, 2014, the plaintiffs filed a motion for a preliminary injunction to prohibit Utah from applying state marriage bans retroactively to same-sex couples who were married in Utah between December 20th, 2013, and January 6th, 2014. On May 19, 2014, the District Court (Judge Dale A. Kimball) granted the plaintiffs' motion for preliminary injunction. 2014 WL 2048343 (D. Utah, 2014). However, in the same ruling, the District Court stayed the preliminary injunction order for twenty-one days to allow the defendants to seek an emergency stay of case pending their interlocutory appeal to the Tenth Circuit.

The state's interlocutory appeal was granted by the Tenth Circuit Court of Appeals on June 4, 2014. Two days later the Tenth Circuit granted the defendant's motion for temporary stay of the district court's preliminary injunction order, pending its fuller consideration of a stay motion. On July 11, the Court of Appeals held that the state had not met the criteria for a longer-lived stay. However, it left the stay in effect until July 21, so that the state would have time to seek an emergency stay from the Supreme Court. On July 18, the Supreme Court granted such a stay, operative until resolution of the case by the Court of Appeals.

The case mentioned earlier, Kitchen v. Herbert, which declared Utah's same-sex marriage ban unconstitutional, was denied review by the Supreme Court on October 6, 2014. By denying review of the decision in this case, the Supreme Court removed the stay, solidifying the constitutionality of same-sex marriage in Utah. With the stay of that decision removed, the defendants were now legally required to recognize the marriages of the plaintiffs in this case, and those similarly situated.

The defendants filed a motion to dismiss the appeal in the Tenth Circuit, which was granted by the Court of Appeals on October 8, 2014. The case was remanded back to District Court.

On November 24, 2014, the parties filed a stipulation and joint motion to convert the District Court's preliminary injunction into a permanent injunction. The District Court (Judge Dale A. Kimball) granted this motion on the same day and awarded the plaintiffs $95,000.00 in attorney's fees and costs for the District Court as well as Tenth Circuit Court of Appeals litigation. This case is now closed.

Summary Authors

Megan Dolan (6/26/2014)

Mackenzie Walz (3/22/2018)

Related Cases

Kitchen v. Herbert, District of Utah (2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5097693/parties/evans-v-state-of-utah/


Judge(s)

Holmes, Jerome A. (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

Kimball, Dale A. (Utah)

Lucero, Carlos F. (Colorado)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Farrell, Leah M. (Utah)

Harstad, Kathryn K. (Utah)

Mejia, John (Utah)

Otto, Rachel E. (Utah)

Scholnick, Lauren I. (Utah)

Judge(s)

Holmes, Jerome A. (Oklahoma)

Kelly, Paul Joseph Jr. (New Mexico)

Kimball, Dale A. (Utah)

Lucero, Carlos F. (Colorado)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Farrell, Leah M. (Utah)

Harstad, Kathryn K. (Utah)

Mejia, John (Utah)

Otto, Rachel E. (Utah)

Scholnick, Lauren I. (Utah)

Strindberg, Erik (Utah)

Attorneys(s) for Defendant

Douglas, Parker (Utah)

Jones, Joni J. (Utah)

Kaiser, Kyle J. (Utah)

Documents in the Clearinghouse

Document

2:14-cv-00055

14-04060

Docket [PACER]

Nov. 24, 2014

Nov. 24, 2014

Docket

2:14-cv-00055

14-04060

General Docket Tenth Circuit Court of Appeals

U. S. Court of Appeals for the Tenth Circuit

Nov. 25, 2014

Nov. 25, 2014

Docket
1

2:14-cv-00055

Notice of Removal of a Civil Action from State Court to Federal Court [With Complaint Attached]

Jan. 28, 2014

Jan. 28, 2014

Pleading / Motion / Brief
1

2:14-cv-00055

Complaint

Jan. 28, 2014

Jan. 28, 2014

Complaint
45

2:14-cv-00055

Memorandum Decision and Order [Issuing Preliminary Injunction]

May 19, 2014

May 19, 2014

Order/Opinion
01019277937

14-04060

Order

U. S. Court of Appeals for the Tenth Circuit

July 11, 2014

July 11, 2014

Order/Opinion

14-00065

Order in Pending Case

Herbert v. Evans

Supreme Court of the United States

July 18, 2014

July 18, 2014

Order/Opinion
65

2:14-cv-00055

Order and Permanent Injunction

Evans v. State of Utah

Nov. 24, 2014

Nov. 24, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5097693/evans-v-state-of-utah/

Last updated Nov. 21, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

NOTICE OF REMOVAL from 3rd District, SL County, case number 140400673. ( Filing fee $ 400 receipt number 4681060543) (Electronic document provided on disc.), filed by Sean Reyes, State of Utah, Gary Herbert. (Attachments: # 1 Civil Cover Sheet 1) Assigned to Judge Dale A. Kimball (amw) (Entered: 01/29/2014)

1 Civil Cover Sheet 1

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Jan. 28, 2014

Jan. 28, 2014

PACER
2

CERTIFICATE OF SERVICE by Gary Herbert, Sean Reyes, State of Utah re 1 Notice of Removal, Electronic document provided on disc. Original file stamped and signed document permanently retained. (amw) Modified by adding electronic document information on 1/29/2014 (amw). (Entered: 01/29/2014)

Jan. 28, 2014

Jan. 28, 2014

PACER
3

NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Joshua A. Block, for Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz (amw) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

PACER
4

NOTICE OF ADR, e-mailed or mailed to Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz, Defendants Gary Herbert, Sean Reyes, State of Utah. (amw) (Entered: 01/29/2014)

Jan. 29, 2014

Jan. 29, 2014

PACER
5

MOTION for Admission Pro Hac Vice of Joshua A. Block, Registration fee $ 15, receipt number 1088-1989968, filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Exhibit A - Application for Admission, # 2 Text of Proposed Order)(Farrell, Leah) (Entered: 01/31/2014)

1 Exhibit A - Application for Admission

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2 Text of Proposed Order

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Jan. 31, 2014

Jan. 31, 2014

PACER
6

ORDER granting 5 Motion for Admission Pro Hac Vice of Joshua A. Block for Matthew Barraza,Joshua A. Block for Jonell Evans,Joshua A. Block for Marina Gomberg,Joshua A. Block for Elenor Heyborne,Joshua A. Block for Stacia Ireland,Joshua A. Block for Donald Johnson,Joshua A. Block for Tony Milner,Joshua A. Block for Carl Fritz Schultz. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 2/3/14. (jlw) (Entered: 02/03/2014)

Feb. 3, 2014

Feb. 3, 2014

PACER
7

NOTICE of Appearance by Parker Douglas on behalf of Gary Herbert, Sean Reyes, State of Utah (Douglas, Parker) (Entered: 02/04/2014)

Feb. 4, 2014

Feb. 4, 2014

PACER
8

Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Exhibit A -- Declaration of Gomberg, # 2 Exhibit B -- Dec of Heyborne, # 3 Exhibit C -- Dec of Barraza, # 4 Exhibit D -- Dec of Milner, # 5 Exhibit E -- Dec of Evans, # 6 Exhibit F -- Dec of Ireland, # 7 Exhibit G -- Dec of Schultz, # 8 Exhibit H -- Dec of Johnson, # 9 Exhibit I -- UT Voter Info Amd 3, # 10 Exhibit J -- App to Stay SCOTUS)(Scholnick, Lauren) (Entered: 02/04/2014)

1 Exhibit A -- Declaration of Gomberg

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2 Exhibit B -- Dec of Heyborne

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3 Exhibit C -- Dec of Barraza

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4 Exhibit D -- Dec of Milner

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5 Exhibit E -- Dec of Evans

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6 Exhibit F -- Dec of Ireland

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7 Exhibit G -- Dec of Schultz

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8 Exhibit H -- Dec of Johnson

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9 Exhibit I -- UT Voter Info Amd 3

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10 Exhibit J -- App to Stay SCOTUS

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Feb. 4, 2014

Feb. 4, 2014

PACER
9

Plaintiff's MOTION to Expedite Preliminary Injunction Hearing and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Text of Proposed Order)(Scholnick, Lauren) (Entered: 02/04/2014)

1 Text of Proposed Order

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Feb. 4, 2014

Feb. 4, 2014

PACER
10

Plaintiff's MOTION for Certification of Issue to State Supreme Court under and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Harstad, Kathryn) (Entered: 02/04/2014)

Feb. 4, 2014

Feb. 4, 2014

PACER
11

RESPONSE to Motion re 9 Plaintiff's MOTION to Expedite Preliminary Injunction Hearing and Memorandum in Support filed by Defendants Gary Herbert, Sean Reyes, State of Utah. (Jones, Joni) (Entered: 02/05/2014)

Feb. 5, 2014

Feb. 5, 2014

PACER
12

MOTION to Consolidate Cases filed by Defendants Gary Herbert, Sean Reyes, State of Utah. (Attachments: # 1 Exhibit Memo from Governor's office, # 2 Exhibit Supreme Court Order, # 3 Exhibit Memo fromD. Miller to Governor's Cabinet, # 4 Exhibit Redacted Caption in Doe v. State)(Jones, Joni) (Entered: 02/05/2014)

1 Exhibit Memo from Governor's office

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2 Exhibit Supreme Court Order

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3 Exhibit Memo fromD. Miller to Governor's Cabinet

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4 Exhibit Redacted Caption in Doe v. State

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Feb. 5, 2014

Feb. 5, 2014

PACER
13

ORDER granting 9 Motion to Expedite and Setting Briefing Schedule and Hearing on 8 Plaintiff's MOTION for Preliminary Injunction. IT IS HEREBY ORDERED THAT Defendants shall be allowed to brief PlaintiffsMotion for Preliminary Injunction according to the time allowed under DUCivR 7-1(b)(3) because of the complex and novel legal issues involved. Defendants memorandum in opposition to Plaintiffs Motion for Preliminary Injunction will therefore be due on February 21, 2014. However, to expedite briefing on the motion, the court concludes that the deadline for Plaintiffs reply memorandum can be shortened to ten days rather than fourteen. Therefore, Plaintiffs reply memorandum will be due on March 6, 2014. Signed by Judge Dale A. Kimball on 2/6/14. (jlw) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
14

NOTICE OF HEARING ON MOTION re: 8 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support : (Notice generated by Clerk) Motion Hearing set for 3/12/2014 10:00 AM in Room 420 before Judge Dale A. Kimball. (jlw) (Entered: 02/06/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
15

ORDER Setting Hearing on Motion 10 Plaintiff's MOTION for Certification of Issue to State Supreme Court under and Memorandum in Support : Motion Hearing set for 3/12/2014 10:00 AM in Room 420 before Judge Dale A. Kimball. Signed by Judge Dale A. Kimball on 2/6/14. (jlw) (Entered: 02/07/2014)

Feb. 6, 2014

Feb. 6, 2014

PACER
16

MOTION for Extension of Time to File Answer to Plaintiffs' Complaint filed by Defendants Gary Herbert, Sean Reyes, State of Utah. (Attachments: # 1 Text of Proposed Order)(Jones, Joni) (Entered: 02/10/2014)

1 Text of Proposed Order

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Feb. 10, 2014

Feb. 10, 2014

PACER
17

WITHDRAWAL OF MOTION by Defendants Gary Herbert, Sean Reyes, State of Utah re 12 MOTION to Consolidate Cases filed by State of Utah, Gary Herbert, Sean Reyes . (Attachments: # 1 Text of Proposed Order)(Jones, Joni) Modified on 2/11/2014 by changing event to motion (jlw). (Entered: 02/11/2014)

1 Text of Proposed Order

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Feb. 11, 2014

Feb. 11, 2014

PACER
18

ORDER granting 16 Motion for Extension of Time to Answer re 1 Complaint. Answer deadline updated for Gary Herbert answer due 2/26/2014; Sean Reyes answer due 2/26/2014; State of Utah answer due 2/26/2014. Signed by Judge Dale A. Kimball on 2/11/14. (jlw) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
19

ORDER granting 17 Motion to Withdraw 12 MOTION to Consolidate Cases . Signed by Judge Dale A. Kimball on 2/11/14. (jlw) (Entered: 02/11/2014)

Feb. 11, 2014

Feb. 11, 2014

PACER
20

Defendant's MEMORANDUM in Opposition re 8 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support filed by Defendants Gary Herbert, Sean Reyes, State of Utah. (Attachments: # 1 Exhibit 1- Brief of Appellants Gary R. Herbert and Sean D. Reyes, Kitchen v. Herbert, Case No. 13-4178)(Jones, Joni) (Entered: 02/21/2014)

1 Exhibit 1- Brief of Appellants Gary R. Herbert and Sean D. Reyes, Kitchen v. Her

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Feb. 21, 2014

Feb. 21, 2014

RECAP
21

Defendant's MEMORANDUM in Opposition re 10 Plaintiff's MOTION for Certification of Issue to State Supreme Court under and Memorandum in Support filed by Defendants Gary Herbert, Sean Reyes, State of Utah. (Kaiser, Kyle) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

PACER
22

MOTION to Dismiss and Memorandum in Support filed by Defendants Gary Herbert, Sean Reyes, State of Utah. (Attachments: # 1 Exhibit A- Evans, et al., v. State of UT, 3rd Dist. Ct. Docket)(Kaiser, Kyle) (Entered: 02/26/2014)

1 Exhibit A- Evans, et al., v. State of UT, 3rd Dist. Ct. Docket

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Feb. 26, 2014

Feb. 26, 2014

PACER
23

State Defendants' ANSWER to Complaint filed by Gary Herbert, Sean Reyes, State of Utah.(Kaiser, Kyle) (Entered: 02/26/2014)

Feb. 26, 2014

Feb. 26, 2014

PACER
24

MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Text of Proposed Order)(Scholnick, Lauren) (Entered: 02/28/2014)

1 Text of Proposed Order

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Feb. 28, 2014

Feb. 28, 2014

PACER
25

ORDER granting 24 Motion for Leave to File Excess Pages. Signed by Judge Dale A. Kimball on 3/3/14. (jlw) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

PACER
26

REPLY to Response to Motion re 8 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support, 10 Plaintiff's MOTION for Certification of Issue to State Supreme Court under and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Exhibit A -- Utah Application for Stay)(Scholnick, Lauren) (Entered: 03/04/2014)

1 Exhibit A -- Utah Application for Stay

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March 4, 2014

March 4, 2014

PACER
27

NOTICE FROM THE COURT: the Motion hearing set for 3/12/14 at 10:00 AM will be held in Courtroom 246. (kmj) (Entered: 03/06/2014)

March 6, 2014

March 6, 2014

PACER
28

Minute Entry for proceedings held before Judge Dale A. Kimball: Motion Hearing held on 3/12/2014 re 8 Plaintiff's MOTION for Preliminary Injunction filed by Stacia Ireland, Marina Gomberg, Jonell Evans, Elenor Heyborne, Tony Milner, Carl Fritz Schultz, Matthew Barraza, Donald Johnson and 10 Plaintiff's MOTION for Certification of Issue to State Supreme Court filed by Stacia Ireland, Marina Gomberg, Jonell Evans, Elenor Heyborne, Carl Fritz Schultz, Tony Milner, Donald Johnson, Matthew Barraza. The Court heard the arguments of counsel and took the motions under advisement. Attorney for Plaintiff: Erik Strindberg, Joshua Block, John Mejia. Attorney for Defendant: Joni Jones, Kyle Kaiser, Parker Douglas. Court Reporter: Patti Walker. (kmj) (Entered: 03/12/2014)

March 12, 2014

March 12, 2014

PACER
29

Stipulated MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss and Memorandum in Support and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Text of Proposed Order)(Strindberg, Erik) (Entered: 03/20/2014)

1 Text of Proposed Order

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March 20, 2014

March 20, 2014

PACER
30

ORDER granting 29 Motion for Extension of Time to File Response/Reply re 22 MOTION to Dismiss and Memorandum in Support Responses due by 4/25/2014. Signed by Judge Dale A. Kimball on 3/21/14. (jlw) (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER
31

First MOTION for Leave to File Supplement filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Supplement, # 2 Exhibit)(Block, Joshua) (Entered: 04/10/2014)

1 Supplement

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2 Exhibit

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April 10, 2014

April 10, 2014

PACER
32

First MOTION for Leave to File Amended Supplement filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Supplement, # 2 Exhibit)(Block, Joshua) (Entered: 04/10/2014)

1 Supplement

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2 Exhibit

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April 10, 2014

April 10, 2014

PACER
33

RESPONSE to Motion re 32 First MOTION for Leave to File Amended Supplement filed by Defendants Gary Herbert, Sean Reyes, State of Utah. (Attachments: # 1 Exhibit 1- Redacted Transcript of Hearing on Motion for Temporary Restraining Order, # 2 Exhibit 2- Redacted Complaint (Doe v. State, Case No. 140900542), # 3 Exhibit 3- Redacted Motion for Temporary Restraining Order, # 4 Exhibit 4- Governor Herbert's Letter to Cabinet)(Kaiser, Kyle) (Entered: 04/16/2014)

1 Exhibit 1- Redacted Transcript of Hearing on Motion for Temporary Restraining Or

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2 Exhibit 2- Redacted Complaint (Doe v. State, Case No. 140900542)

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3 Exhibit 3- Redacted Motion for Temporary Restraining Order

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4 Exhibit 4- Governor Herbert's Letter to Cabinet

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April 16, 2014

April 16, 2014

PACER
34

MOTION for Certification of Issue to State Supreme Court under Utah Rule of Appellate Procedure 41(a) and Memorandum in Support filed by Defendants Gary Herbert, Sean Reyes, State of Utah. (Attachments: # 1 Exhibit 1- Docket Sheets, # 2 Exhibit 2- Petition for Extraordinary Relief & Memo in Support)(Kaiser, Kyle) (Entered: 04/16/2014)

1 Exhibit 1- Docket Sheets

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2 Exhibit 2- Petition for Extraordinary Relief & Memo in Support

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April 16, 2014

April 16, 2014

PACER
35

RESPONSE to Motion re 34 MOTION for Certification of Issue to State Supreme Court under Utah Rule of Appellate Procedure 41(a) and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Scholnick, Lauren) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
36

Stipulated MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss and Memorandum in Support and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Text of Proposed Order)(Farrell, Leah) (Entered: 04/18/2014)

1 Text of Proposed Order

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April 18, 2014

April 18, 2014

PACER
37

ORDER granting 36 Motion for Extension of Time to File Response/Reply. IT IS HEREBY ORDERED, that Plaintiffs opposition memorandum (or other response) to the Defendants Motion for Partial Dismissal (Dkt. #22) will be due 20 days following an Order by the Court on Plaintiffs Motion for Preliminary Injunction (Dkt. #8) and Motion to Certify Question of State Law to the Utah Supreme Court (Dkt. #10). Signed by Judge Dale A. Kimball on 4/21/14. (jlw) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

PACER
38

REPLY to Response to Motion re 34 MOTION for Certification of Issue to State Supreme Court under Utah Rule of Appellate Procedure 41(a) and Memorandum in Support filed by Defendants Gary Herbert, Sean Reyes, State of Utah. (Attachments: # 1 Text of Proposed Order Proposed Order on Certification Issue)(Kaiser, Kyle) (Entered: 04/25/2014)

1 Text of Proposed Order Proposed Order on Certification Issue

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April 25, 2014

April 25, 2014

PACER
39

REPLY to Response to Motion re 32 First MOTION for Leave to File Amended Supplement filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Mejia, John) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
40

BRIEF re 38 Reply Memorandum/Reply to Response to Motion, Objection to Proposed Order, filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Mejia, John) (Entered: 04/30/2014)

April 30, 2014

April 30, 2014

PACER
41

ORDER granting 32 Motion for Leave to File Supplement to Motion for Preliminary Injunction. Signed by Judge Dale A. Kimball on 5/13/14. (jlw) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
42

Supplemental BRIEF re 8 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Exhibit A-Declaration of Shane Marx)(Farrell, Leah) (Entered: 05/13/2014)

1 Exhibit A-Declaration of Shane Marx

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May 13, 2014

May 13, 2014

PACER
43

MOTION Leave to File Second Supplement re 8 Plaintiff's MOTION for Preliminary Injunction and Memorandum in Support and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Exhibit A)(Mejia, John) (Entered: 05/17/2014)

1 Exhibit A

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May 17, 2014

May 17, 2014

PACER
44

DOCKET TEXT ORDER granting 43 Motion to File Second Supplement. The court takes judicial notice of the requested supplemental information. No additional briefing is necessary. Signed by Judge Dale A. Kimball on 5-19-14. No attached document. (sih) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

PACER
45

MEMORANDUM DECISION AND ORDER denying 34 Motion for Certification of Issue to State Supreme Court; granting 8 Motion for Preliminary Injunction; denying 10 Motion for Certification of Issue to State Supreme Court. The following Preliminary Injunction Order is temporarily stayed for twenty-one (21) days to allow the State to seek an emergency stay pending appeal from the Tenth Circuit. PRELIMINARY INJUNCTION ORDER: The court issues the following Preliminary Injunction against Defendants: Defendants State of Utah, Governor Gary Herbert and Attorney General Sean Reyes are prohibited from applying Utah's marriage bans retroactively to the same-sex marriages that were entered pursuant to Utah marriage licenses issued and solemnized between December 20, 2013, and January 6, 2014. Accordingly, Defendants State of Utah, Governor Gary Herbert and Attorney General Sean Reyes shall immediately recognize the marriages by same-sex couples entered pursuant to Utah marriage licenses issued and solemnized between December 20, 2013, and January 6, 2014, and afford these same-sex marriages all the protections, benefits, and responsibilities given to all marriages under Utah law. Signed by Judge Dale A. Kimball on 5/19/14. (jlw) (Entered: 05/19/2014)

May 19, 2014

May 19, 2014

RECAP
46

Third MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss and Memorandum in Support and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Text of Proposed Order)(Strindberg, Erik) (Entered: 05/27/2014)

1 Text of Proposed Order

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May 27, 2014

May 27, 2014

PACER
47

ORDER granting 46 Motion for Extension of Time to File Response/Reply. Signed by Judge Dale A. Kimball on 5/28/14. (jlw) (Entered: 05/28/2014)

May 28, 2014

May 28, 2014

PACER
48

Stipulated MOTION for Extension of Time Attorney's Fees Petition and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Text of Proposed Order)(Strindberg, Erik) (Entered: 05/30/2014)

1 Text of Proposed Order

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May 30, 2014

May 30, 2014

PACER
49

ORDER re 48 Stipulated MOTION for Extension of Time Attorney's Fees Petition and Memorandum in Support filed by Stacia Ireland, Marina Gomberg, Jonell Evans, Elenor Heyborne, Tony Milner, Carl Fritz Schultz, Matthew Barraza, Donald Johnson. Signed by Judge Dale A. Kimball on 6/2/14. (jlw) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
50

NOTICE OF INTERLOCUTORY APPEAL as to 45 Order on Motion for Certification of Issue to State Supreme Court, Order on Motion for Preliminary Injunction,, Memorandum Decision,,,,,,,,,,,,,,,,,,,, filed by Gary Herbert, Sean Reyes, State of Utah. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-2062847. (Jones, Joni) (Entered: 06/04/2014)

June 4, 2014

June 4, 2014

PACER
51

USCA Case Number Case Appealed to Tenth Case Number 14-4060 for 50 Notice of Appeal - Interlocutory, filed by State of Utah, Gary Herbert, Sean Reyes. (jmr) (Entered: 06/05/2014)

June 5, 2014

June 5, 2014

PACER
52

ORDER of USCA 10th Circuit as to 50 Notice of Appeal - Interlocutory, filed by State of Utah, Gary Herbert, Sean Reyes (jlw) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

PACER
53

ORDER from USCA for the 10th Circuit (jds) (Entered: 07/15/2014)

July 11, 2014

July 11, 2014

PACER
54

ORDER of USCA Supreme Court Circuit as to 50 Notice of Appeal - Interlocutory, filed by State of Utah, Gary Herbert, Sean Reyes. Supreme Court order granting stay of district court preliminary injunction filed. (jmr) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER
55

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Plaintiffs' Motion for Preliminary Injunction and Motion for Certification to the Utah Supreme Court held on March 12, 2014 before Judge DALE A. KIMBALL, re 50 Notice of Appeal - Interlocutory,. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number 801-364-5440. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/28/2014. Redacted Transcript Deadline set for 9/8/2014. Release of Transcript Restriction set for 11/5/2014. (jds) Modified on 11/5/2014 by removing restricted text(las). (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
57

Please be advised the Record is complete for purposes of appeal for USCA case number 14-4060 re 50 Notice of Appeal - Interlocutory,. (jmr) (Entered: 08/12/2014)

Aug. 12, 2014

Aug. 12, 2014

PACER
58

MANDATE of USCA as to 50 Notice of Appeal - Interlocutory, filed by State of Utah, Gary Herbert, Sean Reyes According to the USCA the Order of the USDC for the Dist of UT is Dismissed. (Attachments: # 1 Exhibit A - Mandate Cover Letter)(jds) (Entered: 10/10/2014)

1 Exhibit A - Mandate Cover Letter

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Oct. 8, 2014

Oct. 8, 2014

PACER
59

Stipulated MOTION for Extension of Time Fee Petition and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Text of Proposed Order)(Strindberg, Erik) (Entered: 10/20/2014)

1 Text of Proposed Order

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Oct. 20, 2014

Oct. 20, 2014

PACER
60

ORDER granting 59 Motion for Extension of Time. Plaintiffs Fee and Costs Petition will be due on or before October 29, 2014. Signed by Judge Dale A. Kimball on 10/21/14. (jds) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER
61

Plaintiff's MOTION for Extension of Time Motion for Attorneys Fees and Costs Petition filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Text of Proposed Order)(Strindberg, Erik) (Entered: 10/28/2014)

1 Text of Proposed Order

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Oct. 28, 2014

Oct. 28, 2014

PACER
62

ORDER granting 61 Motion for Extension of Time Motion for Attorneys Fees and Costs Petition. Plaintiffs Fee and Costs Petition will be due on or before November 10, 2014. Signed by Judge Dale A. Kimball on 10/29/2014. (jds) (Entered: 10/29/2014)

Oct. 29, 2014

Oct. 29, 2014

PACER
63

MOTION for Attorney Fees and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Exhibit A Decl. of Erik Strindberg, # 2 Exhibit B Decl. of John Mejia, # 3 Exhibit C Decl. of Joshua Block, # 4 Exhibit D Decl. of Brett Tolman, # 5 Exhibit E Decl. of Deborah Ferguson)(Scholnick, Lauren) (Entered: 11/07/2014)

1 Exhibit A Decl. of Erik Strindberg

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2 Exhibit B Decl. of John Mejia

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3 Exhibit C Decl. of Joshua Block

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4 Exhibit D Decl. of Brett Tolman

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5 Exhibit E Decl. of Deborah Ferguson

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Nov. 7, 2014

Nov. 7, 2014

PACER
64

Stipulated MOTION for Permanent Injunction and Memorandum in Support filed by Plaintiffs Matthew Barraza, Jonell Evans, Marina Gomberg, Elenor Heyborne, Stacia Ireland, Donald Johnson, Tony Milner, Carl Fritz Schultz. (Attachments: # 1 Text of Proposed Order and Permanent Injunction)(Strindberg, Erik) (Entered: 11/24/2014)

1 Text of Proposed Order and Permanent Injunction

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Nov. 24, 2014

Nov. 24, 2014

PACER
65

ORDER finding as moot 63 Motion for Attorney Fees; granting 64 Motion for Permanent Injunction. Signed by Judge Dale A. Kimball on 11/24/2014. (jds) (Entered: 11/24/2014)

Nov. 24, 2014

Nov. 24, 2014

PACER

Civil Case Terminated per 65 . (jds)

Nov. 24, 2014

Nov. 24, 2014

PACER

Case Details

State / Territory: Utah

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 6, 2014

Closing Date: Nov. 24, 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Several same-sex couples who celebrated marriages after being issued marriage licences in the state of Utah, but whose marriages are now "on hold" by Utah.

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 Utah, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: 95,000.00

Order Duration: 2014 - 2014

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientation

Affected Gender:

Female

Male