Case: Cowger v. United States

1:14-cv-00335 | U.S. District Court for the Northern District of Ohio

Filed Date: Feb. 18, 2014

Closed Date: 2014

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Case Summary

On February 18, 2014, a same-sex couple in the state of Ohio, represented by private counsel, filed a complaint in the U.S. District Court of the Northern District of Ohio. The same day, the plaintiffs filed a motion to seal the complaint, which the Court (Judge Christopher A. Boyko) granted the next day.

Though same-sex marriage is not legal in Ohio, the plaintiffs were married in New York and have an adopted daughter. They claimed that Ohio's lack of recognition for their marriage violated their constitutional rights, and also prevented them from qualifying for family coverage under the Affordable Care Act.

The plaintiffs filed a notice of dismissal on March 28, 2014, after they were able to obtain a single family insurance policy. The dismissal was granted by Judge Christopher A. Boyko on March 31, 2014.

Summary Authors

Megan Dolan (8/12/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13090928/parties/cowger-jr-v-united-states-of-america/

Judge(s)

Boyko, Christopher A. (Ohio)

Attorney for Plaintiff

Cowger, Alfred R. jR. (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Martin, Jacklyn Gonzalez (Ohio)

Attorney for Defendant

Coontz, Bridget C (Ohio)

Judge(s)

Boyko, Christopher A. (Ohio)

Attorney for Plaintiff

Cowger, Alfred R. jR. (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Martin, Jacklyn Gonzalez (Ohio)

Attorney for Defendant

Coontz, Bridget C (Ohio)

Olson, Lisa A (District of Columbia)

Pierce, Sarah E. (Ohio)

Ruiz, David Augustin (Ohio)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:14-cv-00335	Docket [PACER] Cowger v. United States	March 31, 2014	March 31, 2014 Docket

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/13090928/cowger-jr-v-united-states-of-america/

Last updated Aug. 21, 2026, 5:30 a.m.

Docket for: Cowger Jr. v. United States of America

ECF Number	Date	Description	Link
1	Feb. 18, 2014	SEALED Complaint against All Defendants. Filing fee paid $ 400, Receipt number 0647-6408286. Filed by Alfred R Cowger, Jr, & Anthony J. Wesley, Jr. (Attachments: # 1 Civil Cvr Sheet, # 2 U.S. Marshal Form Marshall for Kasich, # 3 U.S. Marshal Form Marshall for St of Ohio, # 4 U.S. Marshal Form Marshall for Taylor, # 5 U.S. Marshal Form Marshall for USA) (Cowger, Alfred) Modified on 2/20/2014 to note sealed per 5 order (P,G). (Entered: 02/18/2014)	RECAP
2	Feb. 18, 2014	Magistrate Consent Form issued. No summons provided, no summons issued. (C,BA) (Entered: 02/18/2014)	RECAP
3	Feb. 18, 2014	Praecipe for issuance of Original Summons . filed by All Plaintiffs. (Attachments: # 1 Summons Summons--Kasich, # 2 Summons Summons--Ohio, # 3 Summons Summons--Taylor, # 4 Summons Summons--USA)(Cowger, Alfred) (Entered: 02/18/2014)	RECAP
4	Feb. 18, 2014	Motion to seal 1 Complaint filed by Alfred R Cowger, Jr, Anthony J. Wesley, Jr. (Cowger, Alfred) Modified text and created link on 2/20/2014 (P,G). (Entered: 02/18/2014)	RECAP
	Feb. 18, 2014	Judge Christopher A. Boyko assigned to case. (C,BA)
	Feb. 18, 2014	Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge McHargh. (C,BA)
5	Feb. 19, 2014	Marginal Entry Order granting Plaintiffs' 4 Motion to Seal 1 Complaint and file redacted Complaint. Judge Christopher A. Boyko on 2/19/2014.(H,CM) (Entered: 02/19/2014)	RECAP
6	Feb. 19, 2014	Complaint(redacted) against All Defendants. Filed by Alfred R Cowger, Jr, Anthony J. Wesley, Jr. (Cowger, Alfred) Modified on 2/20/2014 to note redacted complaint (P,G). (Entered: 02/19/2014)	RECAP
7	Feb. 20, 2014	Original Summons issued to counsel for service upon Defendants. (P,G) (Entered: 02/20/2014)	RECAP
8	Feb. 20, 2014	Praecipe for issuance of Original Summons on US Attorney General. filed by All Plaintiffs. (Attachments: # 1 Summons for USA AG)(Cowger, Alfred) (Entered: 02/20/2014)	RECAP
	Feb. 20, 2014	Remark by Clerk re Service Upon U.S. Government Defendant. If a U.S. Government agency or officer is sued, you must provide summons for the U.S. Attorney General (Department of Justice, Washington, D.C. 20044) Related document(s) 7, 3 . (P,G)
9	Feb. 21, 2014	Original Summons issued to counsel for service upon United States of America, c/o U.S. Attorney General. (P,G) (Entered: 02/21/2014)	RECAP
	Feb. 24, 2014	Service by Clerk. Summons and Complaint addressed to John R Kasich, Receipt # 7011 3500 0002 8929 4832; State of Ohio, Receipt # 7011 3500 0002 8929 4801; Mary Taylor, Receipt # 7011 3500 0002 8929 4818; United States of America c/o US Attorney General, Receipt # 7011 3500 0002 8929 4795 and US Attorney, Receipt # 7011 3500 0002 8929 4825. placed in U.S. Mail. Type of service: certified mail mail. (S,R)
10	March 3, 2014	Return of Service by Clerk by certified mail executed upon Mary Taylor on 2/26/2014, filed on behalf of All Plaintiffs Related document(s) 7 . (C,KA) (Entered: 03/03/2014)	RECAP
11	March 4, 2014	Return of Service by Clerk by certified mail executed upon John R Kasich on 2/26/2014, filed on behalf of Alfred R Cowger, Jr; Anthony J. Wesley, Jr. Related document(s) 7 . (K,K) (Entered: 03/04/2014)	RECAP
12	March 4, 2014	Return of Service by Clerk by certified mail executed upon United States of America via the US Attorney for the Northern District of Ohio on 2/26/2014 filed on behalf of Alfred R Cowger, Jr; Anthony J. Wesley, Jr. Related document(s) 7 (K,K) (Entered: 03/04/2014)	RECAP
13	March 4, 2014	Return of Service by Clerk by certified mail executed upon State of Ohio on 2/27/2014, filed on behalf of Alfred R Cowger, Jr; Anthony J. Wesley, Jr. Related document(s) 7 . (K,K) (Entered: 03/04/2014)	RECAP
14	March 11, 2014	Return of Service by Clerk by certified mail executed upon U.S. Attorney General on 3/5/2014 filed on behalf of Alfred R Cowger, Jr; Anthony J. Wesley, Jr. Related document(s) 9 . (K,K) (Entered: 03/11/2014)	RECAP
15	March 17, 2014	Motion to dismiss for failure to state a claim filed by John R Kasich, State of Ohio, Mary Taylor. (Attachments: # 1 Appendix HHS 3-14-14 Guidance Document, # 2 Appendix I.R.C., # 3 Appendix HHS 9-27-13 Guidance Document)(Pierce, Sarah) (Entered: 03/17/2014)	RECAP
16	March 19, 2014	Attorney Appearance by Lisa A. Olson filed by on behalf of United States of America. (Olson, Lisa) (Entered: 03/19/2014)	RECAP
17	March 20, 2014	Attorney Appearance by Jacklyn Gonzales Martin filed by on behalf of All Plaintiffs. (Martin, Jacklyn) (Entered: 03/20/2014)	RECAP
18	March 20, 2014	Attorney Appearance by Alphonse A. Gerhardstein filed by on behalf of All Plaintiffs. (Gerhardstein, Alphonse) (Entered: 03/20/2014)	RECAP
19	March 21, 2014	Attorney Appearance by David Augustin Ruiz filed by on behalf of United States of America. (Ruiz, David) (Entered: 03/21/2014)	RECAP
20	March 28, 2014	Notice of Dismissal Under FRCP 41(a)(1) filed by All Plaintiffs. (Gerhardstein, Alphonse) (Entered: 03/28/2014)	RECAP
21	March 31, 2014	Marginal Order granting Plaintiffs' Notice of Dismissal (Related doc # 20 ). Judge Christopher A. Boyko on 3/31/2014. (H,CM) (Entered: 03/31/2014)	RECAP

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Case Details

State / Territory:

Ohio

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Feb. 18, 2014

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were a same-sex couple residing in Ohio claimed that their constitutional rights were violated by Ohio's lack of recognition for their marriage, which also prevented them from qualifying for family coverage under the Affordable Care Act.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States of America

State

State of Ohio

Defendant Type(s):