Case: Hard v. Bentley

2:13-cv-00922 | U.S. District Court for the Middle District of Alabama

Filed Date: Dec. 16, 2013

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On December 16, 2013, a man whose same-sex spouse (married in the state of Massachusetts) died in an automobile accident in 2011 and who wished to be recognized as the surviving spouse, filed a lawsuit in the U.S. District Court for the Middle District of Alabama under 28 U.S.C. § 2201-2202 against the state of Alabama. The plaintiff, represented by attorneys from the Southern Poverty Law Center, asked the court to declare that Alabama's laws banning same-sex marriage were unconstitutional and …

On December 16, 2013, a man whose same-sex spouse (married in the state of Massachusetts) died in an automobile accident in 2011 and who wished to be recognized as the surviving spouse, filed a lawsuit in the U.S. District Court for the Middle District of Alabama under 28 U.S.C. § 2201-2202 against the state of Alabama. The plaintiff, represented by attorneys from the Southern Poverty Law Center, asked the court to declare that Alabama's laws banning same-sex marriage were unconstitutional and to allow the plaintiff to be recognized as the surviving spouse in any lawsuits surrounding the death of his husband. The plaintiff also requested that the court issue an injunction stating that Alabama must recognize same-sex marriages formalized in other jurisdictions and issue an injunction requiring the plaintiff's husband's death certificate be changed to indicate that he was married at the time of death.

The Alabama Marriage Protection Act stated that the state would not recognize "any marriage of parties of the same sex that occurred or was alleged to have occurred as a result of the law of any jurisdiction." Similar language also later became part of the state's constitution when Alabama voters passed the Sanctity of Marriage Amendment. The plaintiff claimed that Alabama's ban on same-sex marriage discriminated against same-sex couples for no rational reason and violated the plaintiff's rights under the Equal Protection and Due Process Clauses of the United States Constitution.

On January 23, 2015, in Searcy v. Bentley (PB-AL-0005 in this Clearinghouse), the U.S. District Court for the Southern District of Alabama (Judge Callie V. S. Granade) ruled that Alabama's same sex marriage ban was unconstitutional. In accordance with the ruling, the Alabama Center for Health Statistics issued the plaintiff an amended death certificate recognizing him as a surviving spouse. The decedent's mother filed a motion to intervene seeking to block distribution of settlement funds from a wrongful death lawsuit. On February 24, 2015, the District Court (Judge William Keith Watkins) granted the motion to intervene.

On March 10, 2015, the District Court (Judge Watkins) granted the governor's motion to dismiss only the count against him for lack of subject matter jurisdiction and also stayed further proceedings pending the U.S. Supreme Court's decision in Obergefell v. Hodges (PB-OH-0003 in this Clearinghouse).

On June 26, 2015, the Supreme Court held the right to marry was fundamental, and it demeaned gay and lesbian couples to deprive them of access to marriage. The 14th Amendment therefore does not allow states to ban same-sex marriage. Justice Kennedy was joined without further writing by Justices Ginsburg, Breyer, Kagan, and Sotomayor. Each of the four dissenters--Chief Justice Roberts, and Justices Scalia, Thomas, and Alito--wrote a separate dissent.

In light of this opinion, the defendants moved to dismiss the case on July 14, 2015, which the court granted the same day.

On July 29, the courte ordered that the plaintiff receive $552,956.69 in settlement funds.

The case is now closed.

Summary Authors

Megan Dolan (7/15/2014)

Thomas Topping (3/22/2015)

Virginia Weeks (2/11/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4125861/parties/hard-v-strange/


Judge(s)

Walker, Susan Russ (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Dinielli, David Carter (Alabama)

Wolfe, Samuel (Alabama)

Attorneys(s) for Defendant

Byrne, David Bryson Jr. (Alabama)

Davis, James William (Alabama)

Howell, Laura Elizabeth (Alabama)

Kidd, Matthew (Alabama)

Means, Tyrone Carlton (Alabama)

Morrison, Duane Richard (Alabama)

Judge(s)

Walker, Susan Russ (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Dinielli, David Carter (Alabama)

Wolfe, Samuel (Alabama)

Attorneys(s) for Defendant

Byrne, David Bryson Jr. (Alabama)

Davis, James William (Alabama)

Howell, Laura Elizabeth (Alabama)

Kidd, Matthew (Alabama)

Means, Tyrone Carlton (Alabama)

Morrison, Duane Richard (Alabama)

Other Attorney(s)

Smith, Gabriel Joseph (Alabama)

Documents in the Clearinghouse

Document

Docket [PACER]

June 29, 2016 Docket
1

Complaint for Declaratory and Injunctive Relief

Dec. 16, 2013 Complaint
75

Order [Granting motion to intervene]

2015 WL 13650368

Feb. 24, 2015 Order/Opinion
76

Memorandum Opinion and Order [Granting Governor Bentley's motion to dismiss]

2015 WL 1043159

March 10, 2015 Order/Opinion

Resources

Title Description External URL

Paul Hard v. Robert Bentley, et al.

Southern Poverty Law Center

The Southern Poverty Law Center filed a federal lawsuit challenging Alabama laws that refused to recognize lawful same-sex marriages – unconstitutional laws that created legal obstacles for a man sui… Dec. 16, 2013 https://www.splcenter.org/seeking-justice/case-docket/paul-hard-v-robert-bentley-et-al

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4125861/hard-v-strange/

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

ECF Number Description Date Link
1

COMPLAINT for declaratory and injunctive relief against Robert Bentley, Catherine M. Donald, Richard I. Lohr, II, Steven L. Reed, Luther Johnson Strange, III ( Filing fee $ 400.00 receipt number 4602029354.), filed by Paul Hard. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 fee receipt)(djy, ) (Entered: 12/19/2013)

1 Exhibit A

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2 Exhibit B

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3 fee receipt

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Dec. 16, 2013 RECAP
2

Corporate/Conflict Disclosure Statement by Paul Hard. (djy, ) (Entered: 12/19/2013)

Dec. 16, 2013 PACER
3

Summons Issued as to Robert Bentley, Catherine M. Donald, Richard I. Lohr, II, Steven L. Reed, Luther Johnson Strange, III and returned to counsel for personal service on defendants. (djy, ) (Entered: 12/19/2013)

Dec. 17, 2013 PACER
4

Motion for David Carter Dinielli to Appear Pro Hac Vice for plaintiff ( Filing fee $ 50.00 receipt number 4602029498.) by Paul Hard. (Attachments: # 1 certificates of good standing, # 2 Text of Proposed Order, # 3 fee receipt)(djy, ) (Entered: 01/08/2014)

1 certificates of good standing

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2 Text of Proposed Order

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3 fee receipt

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Jan. 7, 2014 PACER
5

ORDER granting 4 Motion for David Carter Dinielli Leave to Appear Pro Hac Vice, as further set out in order. Signed by Chief Judge William Keith Watkins on 1/9/14. (djy, ) (Entered: 01/09/2014)

Jan. 9, 2014 PACER
6

NOTICE by Paul Hard Notice of Filing of Stipulation (Attachments: # 1 Exhibit Exhibit A to Notice of Filing of Stipulation)(Wolfe, Samuel) (Entered: 02/12/2014)

1 Exhibit Exhibit A to Notice of Filing of Stipulation

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Feb. 12, 2014 PACER
7

NOTICE by Paul Hard Notice of Dismissal Without Prejudice (Wolfe, Samuel) (Entered: 02/12/2014)

Feb. 12, 2014 RECAP
8

CLERK'S NOTICE of Voluntary Dismissal of defendant Richard I. Lohr, II (Administrator of the Estate of David Fancher) dismissing this defendant without prejudice from this case. (djy, ) (Entered: 02/13/2014)

Feb. 13, 2014 RECAP
9

SUMMONS Returned Executed by Paul Hard. Robert Bentley served on 2/13/2014, answer due 3/6/2014. (Dinielli, David) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
10

SUMMONS Returned Executed by Paul Hard. Luther Johnson Strange, III served on 2/13/2014, answer due 3/6/2014. (Dinielli, David) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
11

SUMMONS Returned Executed by Paul Hard. Catherine M. Donald served on 2/13/2014, answer due 3/6/2014. (Dinielli, David) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
12

SUMMONS Returned Executed by Paul Hard. Steven L. Reed served on 2/13/2014, answer due 3/6/2014. (Dinielli, David) (Entered: 02/13/2014)

Feb. 13, 2014 PACER
13

NOTICE of Appearance by Tyrone Carlton Means on behalf of Steven L. Reed (Means, Tyrone) (Entered: 02/14/2014)

Feb. 14, 2014 PACER
14

NOTICE by Paul Hard of Filing of Stipulation Between Plaintiff Paul Hard and Defendant Catherine M. Donald, State Registrar of Vital Statistics (Attachments: # 1 Exhibit Stipulation and Agreement)(Dinielli, David) (Entered: 03/06/2014)

1 Exhibit Stipulation and Agreement

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March 6, 2014 PACER
15

NOTICE by Paul Hard of Dismissal Without Prejudice of Catherine M. Donald (Dinielli, David) (Entered: 03/06/2014)

March 6, 2014 PACER
16

CLERK'S NOTICE of Voluntary Dismissal of defendant Catherine M. Donald dismissing this defendant without prejudice from this case. (djy, ) (Entered: 03/07/2014)

March 7, 2014 PACER
17

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Steven L. Reed; Corporate Disclosures due by 3/17/2014. (Attachments: # 1 standing order & format)(djy, ) (Entered: 03/07/2014)

1 standing order & format

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March 7, 2014 PACER
18

ANSWER to 1 Complaint, by Robert Bentley, Luther Johnson Strange, III.(Davis, James) (Entered: 03/10/2014)

March 10, 2014 RECAP
19

Corporate/Conflict Disclosure Statement by Robert Bentley. (Davis, James) (Entered: 03/11/2014)

March 11, 2014 PACER
20

Corporate/Conflict Disclosure Statement by Luther Johnson Strange, III. (Davis, James) (Entered: 03/11/2014)

March 11, 2014 PACER
21

ORDER TO SHOW CAUSE by defendant Reed why he has not responded to the complaint; Show Cause Response due by 3/21/2014. Signed by Chief Judge William Keith Watkins on 3/12/14. (djy, ) (Entered: 03/12/2014)

March 12, 2014 PACER
22

ORDER directing that the Rule 26(f) Report containing the discovery plan shall be filed as soon as practicable but not later than 4/2/2014, as further set out in order. Signed by Chief Judge William Keith Watkins on 3/12/14. (djy, ) (Entered: 03/12/2014)

March 12, 2014 PACER
23

GENERAL BRIEFING ORDER for any motions to remand, motions to dismiss, motions for judgment on the pleadings, motions for summary judgment, and Daubert motions setting briefing schedule, as further set out in order. Signed by Chief Judge William Keith Watkins on 3/12/14. (djy, ) (Entered: 03/12/2014)

March 12, 2014 RECAP
24

ANSWER to Complaint by Steven L. Reed.(Means, Tyrone) (Entered: 03/14/2014)

March 14, 2014 RECAP
25

Corporate/Conflict Disclosure Statement by Steven L. Reed re 17 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement. (Means, Tyrone) (Entered: 03/19/2014)

March 19, 2014 PACER
26

First MOTION to Intervene by Pat Fancher. (Smith, Gabriel) (Entered: 03/20/2014)

March 20, 2014 RECAP
27

ORDERED that on or before 3/28/2014, the parties shall show cause, if any there be, why Pat Fancher's 26 Motion to Intervene should not be granted. Signed by Chief Judge William Keith Watkins on 3/20/2014. (wcl, ) (Entered: 03/20/2014)

March 20, 2014 PACER
28

NOTICE by Paul Hard re 27 Order to Show Cause (Dinielli, David) (Entered: 03/24/2014)

March 24, 2014 RECAP
29

RESPONSE TO ORDER TO SHOW CAUSE by Robert Bentley, Luther Johnson Strange, III re 27 Order to Show Cause. (Davis, James) (Entered: 03/27/2014)

March 27, 2014 PACER
30

RESPONSE to Motion re 26 First MOTION to Intervene filed by Robert Bentley. (Means, Tyrone) Modified on 3/31/2014 to clarify text to reflect that this RESPONSE is filed by Steven Reed as shown in PDF document not Robert Bentley (qc/djy, ). (Entered: 03/28/2014)

March 28, 2014 PACER
31

MOTION to Continue Rule 26 Filing Deadline by Robert Bentley, Luther Johnson Strange, III. (Davis, James) (Entered: 03/30/2014)

March 30, 2014 PACER
32

TEXT ORDER GRANTING 31 MOTION for extension of time and extending the Rule 26(f) report deadline to 4/16/2014. Signed by Chief Judge William Keith Watkins on 3/31/14. (NO PDF Document attached to this notice).(djy, ) (Entered: 03/31/2014)

March 31, 2014 PACER
33

ORDER granting Pat Fancher's 26 Motion to Intervene as a defendant; directing the Clerk to add Ms. Fancher to the case as an intervenor defendant, as further set out in order. Signed by Chief Judge William Keith Watkins on 3/31/2014. (djy, ) (Entered: 03/31/2014)

March 31, 2014 PACER
34

NOTICE by Paul Hard of Filing of Stipulation between Plaintiff Paul Hard and Defendant Steven L. Reed (Attachments: # 1 Exhibit Executed Stipulation and Agreement)(Wolfe, Samuel) (Entered: 04/11/2014)

1 Exhibit Executed Stipulation and Agreement

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April 11, 2014 PACER
35

NOTICE of Voluntary Dismissal by Paul Hard (Attachments: # 1 Exhibit Stipulation of Dismissal of Judge Reed)(Wolfe, Samuel) (Entered: 04/11/2014)

1 Exhibit Stipulation of Dismissal of Judge Reed

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April 11, 2014 PACER
36

REPORT of Rule 26(f) Planning Meeting. (Wolfe, Samuel) (Entered: 04/16/2014)

April 16, 2014 PACER
37

ORDER setting on-the-record Scheduling Conference for 4/22/2014 @ 01:30 PM before Chief Judge William Keith Watkins, in Courtroom 2B, FMJ USCC, Montgomery, AL; directing the Clerk to provide a court reporter for the conference. Signed by Chief Judge William Keith Watkins on 4/17/14. Furnished to calendar group & AR.(djy, ) (Entered: 04/17/2014)

April 17, 2014 PACER
38

ANSWER to 1 Complaint, by Pat Fancher.(Smith, Gabriel) (Entered: 04/21/2014)

April 21, 2014 RECAP
39

CLERK'S NOTICE of Voluntary Dismissal of defendant Steven L. Reed; dismissing this defendant without prejudice from this case. (djy, ) (Entered: 04/22/2014)

April 22, 2014 PACER
40

Minute Entry for proceedings held before Chief Judge William Keith Watkins: Scheduling Conference held 4/22/2014 (PDF available for court use only). (Court Reporter Risa Entrekin.) (ajr, ) (Entered: 04/22/2014)

April 22, 2014 PACER
41

ORDER directing the plaintiff to file, on or before 4/28/2014, his written notice identifying other federal cases addressing state marriage laws and the scope of the issues requiring discovery in those cases; Defendants may also file a similar notice on or before April 28, 2014, if they wish to do so. Signed by Chief Judge William Keith Watkins on 4/22/14. (djy, ) (Entered: 04/22/2014)

April 22, 2014 RECAP
42

NOTICE by Paul Hard re 41 Order, of Plaintiff's Compilation of Post-Windsor Decisions Finding Marriage Restrictions Unconstitutional (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11)(Dinielli, David) (Entered: 04/28/2014)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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4 Exhibit Exhibit 4

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5 Exhibit Exhibit 5

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6 Exhibit Exhibit 6

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9 Exhibit Exhibit 9

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10 Exhibit Exhibit 10

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11 Exhibit Exhibit 11

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April 28, 2014 RECAP
43

NOTICE by Robert Bentley, Luther Johnson Strange, III re 42 Notice (Other), Response to Notice (Davis, James) (Entered: 04/30/2014)

April 30, 2014 PACER
44

SCHEDULING ORDER directing plf's motion for summary judgment is due on or before 8/29/2014; defendants' opposition briefs and cross motions for summary judgment are due on or before 10/1/2014; plf's reply brief is due on or before 10/22/2014; defendants' surreply briefs are due on or before 10/29/2014, as further set out in order; Mediation Notice due by 9/14/2014; Amended Pleadings due by 5/30/2014; Discovery shall be completed on or before 8/15/2014, as further set out in order. Signed by Chief Judge William Keith Watkins on 5/2/14. (djy, ) (Entered: 05/02/2014)

May 2, 2014 PACER
45

NOTICE by Paul Hard re 42 Notice (Other), of Supplement of Plaintiff's Compilation of Post-Windsor Decisions Finding Marriage Restrictions Unconstitutional (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)(Dinielli, David) (Entered: 07/16/2014)

1 Exhibit 1

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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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July 16, 2014 PACER
46

First MOTION to Compel Defendant Bentley's and Defendant Strange's Response to Interrogatory 2 in Plaintiff's First Set of Interrogatories by Paul Hard. (Dinielli, David) (Entered: 07/18/2014)

July 18, 2014 PACER
47

ORDER directing the plaintiffs file a response to the 46 First MOTION to Compel on or before close of business on 7/28/2014. Signed by Honorable Judge Susan Russ Walker on 7/22/14. (djy, ) (Entered: 07/22/2014)

July 22, 2014 PACER
48

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Robert Bentley, Luther Johnson Strange, III. (Davis, James) (Entered: 07/24/2014)

July 24, 2014 RECAP
49

RESPONSE to Motion re 46 First MOTION to Compel Defendant Bentley's and Defendant Strange's Response to Interrogatory 2 in Plaintiff's First Set of Interrogatories filed by Robert Bentley, Luther Johnson Strange, III. (Davis, James) (Entered: 07/28/2014)

July 28, 2014 PACER
50

ORDER directing that plaintiffs shall file a reply to the response to the 46 MOTION to Compel on or before 8/7/2014. Signed by Honorable Judge Susan Russ Walker on 7/29/14. (djy, ) (Entered: 07/29/2014)

July 29, 2014 PACER
51

MOTION for Protective Order Concerning the Requested Deposition of Governor Robert Bentley by Robert Bentley, Luther Johnson Strange, III. (Attachments: # 1 Exhibit A - Bentley Deposition Notice, # 2 Exhibit B - Letter re Deposition, # 3 Exhibit C - State Defendants Responses to Plaintifffs Interrogatories, # 4 Exhibit D - Searcy Report and Recommendation)(Davis, James) (Entered: 07/30/2014)

1 Exhibit A - Bentley Deposition Notice

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2 Exhibit B - Letter re Deposition

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3 Exhibit C - State Defendants Responses to Plaintifffs Interrogatories

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4 Exhibit D - Searcy Report and Recommendation

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July 30, 2014 PACER
52

ORDER directing that plaintiff respond to the 51 MOTION for Protective Order on or before 8/7/2014. Signed by Honorable Judge Susan Russ Walker on 7/31/14. (djy, ) (Entered: 07/31/2014)

July 31, 2014 PACER
53

RESPONSE in Opposition re 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Paul Hard. (Attachments: # 1 Declaration of David C. Dinielli in Opposition to Governor Bentley's Motion to Dismiss, # 2 Exhibit A - Robert Bentley for Governor 2010 - Family and Social Values, # 3 Exhibit B - "Alabama Man Files Federal Lawsuit Seeking Recognition of Same-Sex Marriage Performed in Massachusetts", # 4 Exhibit C - "Gov. on AL Gay Marriage Ban: 'This is How the People Feel'", # 5 Exhibit D - "'Marriage Says We Are Family': Birmingham Women Fight to Force Alabama to Recognize Their Massachusetts Marriage", # 6 Exhibit E - "How Do Robert Bentley and Parker Griffith Compare?", # 7 Exhibit F - Executive Order)(Dinielli, David) (Entered: 08/04/2014)

1 Declaration of David C. Dinielli in Opposition to Governor Bentley's Motio

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2 Exhibit A - Robert Bentley for Governor 2010 - Family and Social Values

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3 Exhibit B - "Alabama Man Files Federal Lawsuit Seeking Recognition of Same-

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4 Exhibit C - "Gov. on AL Gay Marriage Ban: 'This is How the People Feel

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5 Exhibit D - "'Marriage Says We Are Family': Birmingham Women Fig

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6 Exhibit E - "How Do Robert Bentley and Parker Griffith Compare?"

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7 Exhibit F - Executive Order

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Aug. 4, 2014 PACER
54

REPLY to 53 OPPOSITION re 46 First MOTION to Compel Defendant Bentley's and Defendant Strange's Response to Interrogatory 2 in Plaintiff's First Set of Interrogatories filed by Paul Hard. (Attachments: # 1 Exhibit A - Bentley and Strange's Responses to Plaintiff's Interrogatories)(Wolfe, Samuel) Modified on 8/8/2014 to clarify text to reflect as a REPLY to 53 Opposition (qc/djy, ). (Entered: 08/07/2014)

1 Exhibit A - Bentley and Strange's Responses to Plaintiff's Interrogato

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Aug. 7, 2014 PACER
55

RESPONSE in Opposition re 51 MOTION for Protective Order Concerning the Requested Deposition of Governor Robert Bentley filed by Paul Hard. (Wolfe, Samuel) (Entered: 08/07/2014)

Aug. 7, 2014 PACER
56

BRIEF/MEMORANDUM in Support Of Their Motion For A Protective Order filed by Robert Bentley, Luther Johnson Strange, III. (Davis, James) (Entered: 08/08/2014)

Aug. 8, 2014 PACER
57

(STRICKEN pursuant to Local Rules re: Non-Filing of Civil discovery) Objection to Plaintiff's Rule 45 Subpoena for Deposition and the Production of Documents filed by Gerald Allen (non-party). (Ayers, Marc) Modified on 8/15/2014 to clarify text to reflect Allen as a non-party (qc/djy, ). (Entered: 08/14/2014)

Aug. 14, 2014 PACER
58

NOTICE of Non-Compliance re 57 Objection to Subpoena by Gerald Allen which is hereby STRICKEN pursuant to Local Rules re: Non-Filing of Civil Discovery (Attachments: # 1 Local Rule 26.3)(djy, ) (Entered: 08/15/2014)

1 Local Rule 26.3

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Aug. 15, 2014 PACER
59

MOTION for Summary Judgment by Paul Hard. (Wolfe, Samuel) (Entered: 08/29/2014)

Aug. 29, 2014 RECAP
60

AFFIDAVIT in Support re 59 MOTION for Summary Judgment of Paul Hard filed by Paul Hard. (Wolfe, Samuel) (Entered: 08/29/2014)

Aug. 29, 2014 RECAP
61

AFFIDAVIT in Support re 59 MOTION for Summary Judgment of David Dinielli filed by Paul Hard. (Wolfe, Samuel) (Entered: 08/29/2014)

Aug. 29, 2014 RECAP
62

Notice of Mediation and Settlement Conference by Robert Bentley, Luther Johnson Strange, III (Davis, James) (Entered: 09/15/2014)

Sept. 15, 2014 RECAP
63

MOTION for Summary Judgment by Robert Bentley, Luther Johnson Strange, III. (Attachments: # 1 Exhibit A - Declaration of Sherif Girgis, # 2 Exhibit B - AG Opinion 83-206, # 3 Exhibit C - Election Results - Constitutional Amendment)(Davis, James) (Entered: 10/01/2014)

1 Exhibit A - Declaration of Sherif Girgis

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2 Exhibit B - AG Opinion 83-206

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3 Exhibit C - Election Results - Constitutional Amendment

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Oct. 1, 2014 RECAP
64

BRIEF/MEMORANDUM in Support re 63 MOTION for Summary Judgment filed by Robert Bentley, Luther Johnson Strange, III. (Attachments: # 1 Exhibit A - Baker v. Nelson jurisdictional statement, # 2 Exhibit B - What About the Children - Kin Altruism article)(Davis, James) (Entered: 10/01/2014)

1 Exhibit A - Baker v. Nelson jurisdictional statement

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2 Exhibit B - What About the Children - Kin Altruism article

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Oct. 1, 2014 PACER
65

MOTION for Summary Judgment on 10/3/2014 by Pat Fancher. (Attachments: # 1 Supplement Memorandum of Law in Support of Motion for Summary judgment)(Smith, Gabriel). Modified 10/3/2014 to clarify to reflect as a MOTION for summary judgment as set out in main PDF document (qc/djy, ). (Entered: 10/01/2014)

1 Supplement Memorandum of Law in Support of Motion for Judgment as a Matter of La

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Oct. 1, 2014 PACER
66

RESPONSE in Opposition re 48 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Supplement to Response ECF No. 53 ) filed by Paul Hard. (Wolfe, Samuel) Modified on 10/14/2014 to create link to Doc. 53 . (dmn, ) (Entered: 10/13/2014)

Oct. 13, 2014 PACER
67

REPLY BRIEF re 59 MOTION for Summary Judgment, 65 MOTION for Summary Judgment, 63 MOTION for Summary Judgment filed by Paul Hard. (Wolfe, Samuel) (Entered: 10/21/2014)

Oct. 21, 2014 PACER
68

AFFIDAVIT in Support re 59 MOTION for Summary Judgment Wolfe Declaration filed by Paul Hard. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wolfe, Samuel) (Entered: 10/21/2014)

1 Exhibit A

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2 Exhibit B

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Oct. 21, 2014 RECAP
69

BRIEF/MEMORANDUM in Support re 64 BRIEF/MEMORANDUM in Support, 63 MOTION for Summary Judgment (Defendants' Sur-Reply in Support of Their Motion for Summary Judgment (Doc. 63, 64) and in Opposition to the Plaintiff's Motion for Summary Judgment (Doc. 59)) filed by Robert Bentley, Luther Johnson Strange, III. (Davis, James) (Entered: 10/29/2014)

Oct. 29, 2014 RECAP
70

Second MOTION for Judgment as a Matter of Law by Pat Fancher. (Smith, Gabriel) (Entered: 10/29/2014)

Oct. 29, 2014 RECAP
71

NOTICE by Robert Bentley, Luther Johnson Strange, III (Notice of Additional Authority) (Davis, James) (Entered: 11/07/2014)

Nov. 7, 2014 RECAP
72

NOTICE by Paul Hard re 42 Notice (Other), of Second Supplement of Plaintiff's Compilation of Post-Windsor Marriage Decisions (Dinielli, David) (Entered: 12/16/2014)

Dec. 16, 2014 PACER
73

NOTICE by Pat Fancher of Order entered in Searcy v. Bentley (Attachments: # 1 Exhibit Searcy v. Strange Ruling, # 2 Exhibit Searcy v. Strange Clarifying Order)(Smith, Gabriel) (Entered: 02/06/2015)

1 Exhibit Searcy v. Strange Ruling

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2 Exhibit Searcy v. Strange Clarifying Order

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Feb. 6, 2015 PACER
74

MOTION to Intervene Motion to Intervene by Richard I. Lohr, II. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Morrison, Richard) (Entered: 02/23/2015)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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Feb. 23, 2015 PACER
75

ORDER granting 74 Motion to Intervene; Mr. Lohr and Beasley Allen are JOINED as Intervenor-defendants for the limited purpose of paying the settlement proceeds into this court's registry; further ORDERING that the Clerk is to receive from Beasley Allen the settlement proceeds in the sum of $552,956.69 and to place these funds in an appropriate interest-bearing account until further order of the court. Signed by Chief Judge William Keith Watkins on 2/24/15. Furnished to finance & cashier. (djy, ) (Entered: 02/24/2015)

Feb. 24, 2015 PACER
76

MEMORANDUM OPINION AND ORDER: It is ORDERED that Governor Bentley's 48 Motion to Dismiss is GRANTED and that all claims against Governor Bentley are DISMISSED with prejudice as further set out in the opinion and order. Signed by Chief Judge William Keith Watkins on 3/10/2015. (dmn, ) Modified on 6/29/2015 to correct a typographical error in the docket text (wcl, ). (Entered: 03/10/2015)

March 10, 2015 RECAP
77

ORDER: It is ORDERED that this case is STAYED until further order of this court as further set out in the order. Signed by Chief Judge William Keith Watkins on 3/10/2015. (dmn, ) (Entered: 03/10/2015)

March 10, 2015 RECAP
78

ORDER denying plf's 46 first Motion to Compel and defendants' 51 Motion for Protective Order without prejudice, with leave to renew the motions after entry of an order by the District Judge lifting the stay. Signed by Honorable Judge Susan Russ Walker on 3/19/15. (djy, ) (Entered: 03/19/2015)

March 19, 2015 PACER
79

MOTION to Lift Stay, MOTION for Summary Judgment, MOTION for Disbursement of Funds to Plaintiff Paul Hard by Paul Hard. (Wolfe, Samuel) (Entered: 06/30/2015)

June 30, 2015 PACER
80

AFFIDAVIT in Support re 79 MOTION to Lift Stay MOTION for Summary Judgment MOTION for Disbursement of Funds to Plaintiff Paul Hard filed by Paul Hard. (Attachments: # 1 Exhibit A - Amended Certificate of Death)(Wolfe, Samuel) (Additional attachment(s) added on 7/1/2015: # 2 Certificate of Service) (wcl, ). (Additional attachment(s) added on 7/1/2015 to redact personal information contained in original filing pursuant to the E-government rules: # 3 Exhibit Amended Certificate of Death (Redacted)) (wcl, ). Modified on 7/1/2015 (wcl, ). (Entered: 06/30/2015)

2 Certificate of Service

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3 Exhibit Amended Certificate of Death (Redacted)

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June 30, 2015 PACER
81

NOTICE of Appearance by Matthew Kidd on behalf of Pat Fancher (Kidd, Matthew) (Main Document 81 replaced on 7/1/2015) (wcl, ). Modified on 7/1/2015 to attach a corrected PDF document of the notice of appearance to rotate the document right side up and to include a certificate of service (wcl, ). (Entered: 07/01/2015)

July 1, 2015 PACER
82

First MOTION to Substitute Attorney Gabriel Smith by Pat Fancher. (Attachments: # 1 Appendix Addendum to: Substitution of Counsel and Appearance of Counsel)(Kidd, Matthew) (Additional attachment(s) added on 7/1/2015 to attach the consent order as an attachment: # 2 Text of Proposed Order) (wcl, ). (Main Document 82 replaced on 7/1/2015) (wcl, ). Modified on 7/1/2015 to attach a correct PDF document of a motion to substitute which was previously omitted in error (wcl, ). (Entered: 07/01/2015)

1 Appendix Addendum to: Substitution of Counsel and Appearance of Counsel

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2 Text of Proposed Order

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July 1, 2015 PACER
83

First MOTION to Withdraw as Attorney by Pat Fancher. (Attachments: # 1 Appendix Motion to Substitute Attorney)(Smith, Gabriel) (Entered: 07/01/2015)

1 Appendix Motion to Substitute Attorney

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July 1, 2015 PACER
84

NOTICE of Correction re 81 Notice of Appearance and 82 First MOTION to Substitute Attorney Gabriel Smith, to attach corrected pdf documents. (Attachments: # 1 Corrected Main PDF Document to Docket Entry 81, # 2 Correct Main PDF Document to Docket Entry 82 )(wcl, ) (Entered: 07/01/2015)

1 Corrected Main PDF Document to Docket Entry [81]

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2 Correct Main PDF Document to Docket Entry [82]

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July 1, 2015 PACER
85

TEXT ORDER granting 82 Motion to Substitute Attorney. Signed by Chief Judge William Keith Watkins on 7/2/2015. (No pdf attached to this entry) (wcl, ) (Entered: 07/02/2015)

July 2, 2015 PACER
86

TEXT ORDER granting 83 Motion to Withdraw as Attorney. Signed by Chief Judge William Keith Watkins on 7/2/2015. (No pdf attached to this entry) (wcl, ) (Entered: 07/02/2015)

July 2, 2015 PACER
87

MOTION to Dismiss by Luther Johnson Strange, III. (Davis, James) (Entered: 07/14/2015)

July 14, 2015 PACER
88

RESPONSE to Motion re 79 MOTION to Lift Stay MOTION for Summary Judgment MOTION for Disbursement of Funds to Plaintiff Paul Hard filed by Luther Johnson Strange, III. (Davis, James) (Entered: 07/14/2015)

July 14, 2015 PACER
89

ORDERED as followed: 1. Plaintiff's motion to lift stay and disburse funds (Doc. # 79 ) is GRANTED and the stay of this case is LIFTED; 2. Attorney General Strange's motion to dismiss (Doc. # 87 ) is GRANTED; 3. Plaintiff's motion for entry of summary judgment (Doc. # 79 ) is DENIED, and the parties' cross-motions for summary judgment (Docs. # 59, 63, 65 ) are DENIED; 4. Counsel for Plaintiff and for the Estate of David Fancher are DIRECTED to file a statement on or before July 20, 2015, advising the court how the Clerk of the Court should disburse the funds. Signed by Chief Judge William Keith Watkins on 7/14/2015. (kh, ) (Entered: 07/14/2015)

July 14, 2015 RECAP
90

First MOTION to Set Aside Order of Dismissal by Pat Fancher. (Kidd, Matthew) (Entered: 07/15/2015)

July 15, 2015 RECAP
91

Response to Order re 89 Order on Motion for Summary Judgment,,, Order on Motion for Miscellaneous Relief,, Order on Motion for Disbursement of Funds, Order on Motion to Dismiss,,,,,,,,,,,,,, Statement Regarding Disbursement of Funds by Beasley, Allen, Crow, Methvin, Portis, & Miles, P.C., Paul Hard. (Wolfe, Samuel) (Entered: 07/20/2015)

July 20, 2015 PACER
92

ORDERED that on or before July 24, 2015, Plaintiff shall file a response to Intervenor Defendant Pat Fancher's 90 motion to set aside the order of dismissal. Defendant Attorney General Luther Strange is not required to respond to the motion, but he may file a response if he chooses. Signed by Chief Judge William Keith Watkins on 7/20/2015. (kh, ) (Entered: 07/20/2015)

July 20, 2015 PACER
93

RESPONSE in Opposition re 90 First MOTION to Set Aside Order of Dismissal filed by Paul Hard. (Wolfe, Samuel) (Entered: 07/20/2015)

July 20, 2015 PACER
94

BRIEF/MEMORANDUM in Support re 90 First MOTION to Set Aside Order of Dismissal filed by Pat Fancher. (Kidd, Matthew) (Entered: 07/27/2015)

July 27, 2015 PACER
95

ORDERED that the 90 motion to set aside is DENIED. Signed by Chief Judge William Keith Watkins on 7/29/2015. (kh, ) (Entered: 07/29/2015)

July 29, 2015 PACER
96

ORDERED that: 1. The Clerk of the Court is DIRECTED to issue a check drawn on ServisFirst Bank where the funds are deposited in a money market account for the principal amount of $552,956.69, plus ninety percent of all interest earned to date that is due for distribution to Plaintiff Paul Hard, as further set out in order; 2. The Clerk of the Court is DIRECTED to pay into the U.S. Treasury an amount equal to ten percent of the earned interest as a fee for handling the funds, as further set out in order; 3. The Clerk of the Court is DIRECTED to mail the check via Certified Mail, with a return receipt, to Samuel Wolfe, Esq., Southern Poverty Law Center,as further set out in order. Signed by Chief Judge William Keith Watkins on 7/29/2015.(furn: Finance) (kh) (Entered: 07/29/2015)

July 29, 2015 PACER
97

FINAL JUDGMENT: ORDERED that this case is DISMISSED with prejudice. Costs are TAXED against Defendant Attorney General Luther Strange, for which let execution issue. The Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Chief Judge William Keith Watkins on 7/29/2015. (Attachments: # 1 Civil Appeals Checklist)(kh, ) (Entered: 07/29/2015)

1 Civil Appeals Checklist

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July 29, 2015 PACER
98

NOTICE OF APPEAL as to 92 Order, 97 Judgment, 96 Order,,, 89 Order on Motion for Summary Judgment,,, Order on Motion for Miscellaneous Relief,, Order on Motion for Disbursement of Funds, Order on Motion to Dismiss,,,,,,,,,,,,,, 95 Order on Motion to Set Aside by Pat Fancher (Kidd, Matthew) (Entered: 08/26/2015)

Aug. 26, 2015 PACER
102

USCA Appeal Fees received $ 505.00 receipt number 4602038102 re 98 Notice of Appeal, filed by Pat Fancher. (ydw, ) (Entered: 08/27/2015)

Aug. 26, 2015 PACER
99

First MOTION for Bond or other relief by Pat Fancher. (Kidd, Matthew) (Entered: 08/26/2015)

Aug. 26, 2015 PACER

State / Territory: Alabama

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Dec. 16, 2013

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiff was a citizen of Alabama whose husband was killed in an automobile accident and who wished to be recognized as the surviving spouse.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Alabama, State

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Declaratory Judgment

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Amount Defendant Pays: $552,956.69

Issues

General:

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male