Case: Partridge v. Napolitano

4:12-cv-06373 | U.S. District Court for the Northern District of California

Filed Date: Dec. 14, 2012

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On December 14, 2012, plaintiffs, a binational same-sex couple, filed a lawsuit in the U.S. District Court for the Northern District of California against the U.S. Department of Homeland Security and its component agency, U.S. Citizenship and Immigration Services. The complaint and most other court documents are not available via PACER. The website Equality on Trial describes the case as an immigration-related challenge to Section 3 of the Defense of Marriage Act (DOMA).On May 8, 2013, the Cour…

On December 14, 2012, plaintiffs, a binational same-sex couple, filed a lawsuit in the U.S. District Court for the Northern District of California against the U.S. Department of Homeland Security and its component agency, U.S. Citizenship and Immigration Services. The complaint and most other court documents are not available via PACER. The website Equality on Trial describes the case as an immigration-related challenge to Section 3 of the Defense of Marriage Act (DOMA).

On May 8, 2013, the Court (Judge Saundra Brown Armstrong) granted defendants' stay pending the U.S. Supreme Court's decision in United States v. Windsor, 133 S. Ct. 2675 (2013). The Windsor Court struck down Section 3, on July 3, 2013, holding that DOMA violated the constitutional rights of same-sex couples who had legally married under state law. Plaintiffs and defendants filed a joint motion to reopen this case, and then, on August 14, 2013, plaintiffs filed a notice of voluntary dismissal. Presumably that's because the Department of Homeland Security changed its policies in light of Windsor and granted the plaintiffs the immigration benefits they sought.

Summary Authors

David Hamstra (2/22/2015)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4179763/parties/partridge-v-napolitano/

Judge(s)

Armstrong, Saundra Brown (California)

Attorneys(s) for Plaintiff

Castello, Sarah (California)

Jobe, Robert B. (California)

Attorneys(s) for Defendant

Goldsmith, Aaron S. (District of Columbia)

Other Attorney(s)

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Judge(s)

Armstrong, Saundra Brown (California)

Attorneys(s) for Plaintiff

Castello, Sarah (California)

Jobe, Robert B. (California)

Attorneys(s) for Defendant

Goldsmith, Aaron S. (District of Columbia)

Other Attorney(s)

Bartolomucci, H. Christopher (District of Columbia)

Clement, Paul D. (District of Columbia)

Davenport, Christine (District of Columbia)

Kircher, Kerry W. (District of Columbia)

McGinley, Michael H. (District of Columbia)

Nelson, Nicholas J. (District of Columbia)

Pittard, William (District of Columbia)

Tatelman, Todd B. (District of Columbia)

Walker, Mary Beth (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 14, 2013 Docket
24

Order

May 8, 2013 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4179763/partridge-v-napolitano/

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

ECF Number Description Date Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF; against Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, U.S. Citizenship and Immigration Services ( Filing fee $ 350.00, receipt number 34611081536.). Filed byJohn Colin Partridge, Colin Barry Childerley. (Attachments: # 1 Civil Cover Sheet)(aaa, COURT STAFF) (Filed on 12/14/2012) (Entered: 12/17/2012)

Dec. 14, 2012 PACER
2

Immigration Mandamus Case Procedural Order, Signed by Richard W. Wieking, Clerk of the Court on 12/14/12. (Attachments: # 1 NC Standing Order, # 2 Standing Order)(aaa, COURT STAFF) (Filed on 12/14/2012) (Entered: 12/17/2012)

1 NC Standing Order

View on PACER

2 Standing Order

View on PACER

Dec. 14, 2012 PACER
3

Summons Issued as to Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, U.S. Citizenship and Immigration Services. (aaa, COURT STAFF) (Filed on 12/14/2012) (Entered: 12/17/2012)

Dec. 14, 2012 PACER
4

NOTICE of Appearance by Aaron Steven Goldsmith (Goldsmith, Aaron) (Filed on 12/19/2012) (Entered: 12/19/2012)

Dec. 19, 2012 PACER
5

NOTICE by Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, U.S. Citizenship and Immigration Services of Declination to Proceed Before a Magistrate Judge (Goldsmith, Aaron) (Filed on 1/4/2013) (Entered: 01/04/2013)

Jan. 4, 2013 PACER
6

CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (lmh, COURT STAFF) (Filed on 1/8/2013) (Entered: 01/08/2013)

Jan. 8, 2013 PACER
7

ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Saundra Brown Armstrong for all further proceedings. Magistrate Judge Nathanael M. Cousins no longer assigned to the case. Signed by Executive Committee on 1/9/13. (sv, COURT STAFF) (Filed on 1/9/2013) (Entered: 01/09/2013)

Jan. 9, 2013 PACER
8

NOTICE TO COURT, filed by Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, U.S. Citizenship and Immigration Services (Attachments: # 1 Exhibit Letter from Stuart F. Delery to the Court, dated January 10, 2013, # 2 Exhibit Letter from the Attorney General to The Honorable John A. Boehner, dated February 23, 2011, # 3 Exhibit Letter from Judy Appelbaum to The Honorable John A. Boehner, dated January 9, 2013)(Goldsmith, Aaron) (Filed on 1/11/2013) Modified on 1/14/2013 (jlm, COURT STAFF). (Entered: 01/11/2013)

Jan. 11, 2013 PACER
9

MOTION to Stay Proceedings filed by Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, U.S. Citizenship and Immigration Services. Motion Hearing set for 4/23/2013 01:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Saundra Brown Armstrong. Responses due by 2/27/2013. Replies due by 3/6/2013. (Attachments: # 1 Exhibit Memorandum dated October 5, 2012, # 2 Proposed Order)(Goldsmith, Aaron) (Filed on 2/13/2013) (Entered: 02/13/2013)

Feb. 13, 2013 PACER
10

NOTICE of Appearance of Kerry W. Kircher as Counsel, filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives (Kircher, Kerry) (Filed on 2/14/2013) Modified on 2/15/2013 (jlm, COURT STAFF). (Entered: 02/14/2013)

Feb. 14, 2013 PACER
11

NOTICE of Appearance of Paul D. Clement as Counsel, filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives (Kircher, Kerry) (Filed on 2/14/2013) Modified on 2/15/2013 (jlm, COURT STAFF). (Entered: 02/14/2013)

Feb. 14, 2013 PACER
12

NOTICE of Appearance of Christine Davenport as Counsel, filed by filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives (Kircher, Kerry) (Filed on 2/14/2013) Modified on 2/15/2013 (jlm, COURT STAFF). (Entered: 02/14/2013)

Feb. 14, 2013 PACER
13

NOTICE of Appearance of H. Christopher Bartolomucci as Counsel, filed by filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives (Kircher, Kerry) (Filed on 2/14/2013) Modified on 2/15/2013 (jlm, COURT STAFF). (Entered: 02/14/2013)

Feb. 14, 2013 PACER
14

NOTICE of Appearance of Michael H. McGinley as Counsel, filed by filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives (Kircher, Kerry) (Filed on 2/14/2013) Modified on 2/15/2013 (jlm, COURT STAFF). (Entered: 02/14/2013)

Feb. 14, 2013 PACER
15

NOTICE of Appearance of Nicholas J. Nelson as Counsel, filed by filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives (Kircher, Kerry) (Filed on 2/14/2013) Modified on 2/15/2013 (jlm, COURT STAFF). (Entered: 02/14/2013)

Feb. 14, 2013 PACER
16

NOTICE of Appearance of William Pittard as Counsel, filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives (Kircher, Kerry) (Filed on 2/14/2013) Modified on 2/15/2013 (jlm, COURT STAFF). (Entered: 02/14/2013)

Feb. 14, 2013 PACER
17

NOTICE of Appearance of Mary Beth Walker as Counsel, filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives (Kircher, Kerry) (Filed on 2/14/2013) Modified on 2/15/2013 (jlm, COURT STAFF). (Entered: 02/14/2013)

Feb. 14, 2013 PACER
18

NOTICE of Appearance of Todd B. Tatelman as Counsel, filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives (Kircher, Kerry) (Filed on 2/14/2013) Modified on 2/15/2013 (jlm, COURT STAFF). (Entered: 02/14/2013)

Feb. 14, 2013 PACER
19

NOTICE of Appearance of Eleni M. Roumel as Counsel, filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives (Kircher, Kerry) (Filed on 2/14/2013) Modified on 2/15/2013 (jlm, COURT STAFF). (Entered: 02/14/2013)

Feb. 14, 2013 PACER
20

MOTION for Leave to Intervene, filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. Motion Hearing set for 4/30/2013 01:00 PM in Courtroom 1, 4th Floor, Oakland before Hon. Saundra Brown Armstrong. Responses due by 2/28/2013. Replies due by 3/7/2013. (Attachments: # 1 Proposed Order, # 2 Answer)(Kircher, Kerry) (Filed on 2/14/2013) Modified on 2/15/2013 (jlm, COURT STAFF). (Entered: 02/14/2013)

Feb. 14, 2013 PACER
21

Statement of Non-Opposition re 9 Motion to Stay, filed by John Colin Partridge. (Jobe, Robert) (Filed on 2/27/2013) Modified on 2/28/2013 (jlm, COURT STAFF). (Entered: 02/27/2013)

Feb. 27, 2013 PACER
22

RESPONSE (re 20 MOTION for Leave to Intervene ) filed byDepartment of Homeland Security, Alejandro Mayorkas, Janet Napolitano, U.S. Citizenship and Immigration Services. (Attachments: # 1 Proposed Order)(Goldsmith, Aaron) (Filed on 2/28/2013) (Entered: 02/28/2013)

Feb. 28, 2013 PACER
23

Reply Memorandum re 20 Motion for Leave to Intervene, filed by Bipartisan Legal Advisory Group of the U.S. House of Representatives. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kircher, Kerry) (Filed on 3/7/2013) Modified on 3/8/2013 (jlm, COURT STAFF). (Entered: 03/07/2013)

March 7, 2013 PACER
24

ORDER by Judge ARMSTRONG granting 9 Motion to Stay; denying 20 Motion to Intervene (lrc, COURT STAFF) (Filed on 5/8/2013) (Entered: 05/08/2013)

May 8, 2013 RECAP
25

Joint MOTION to Reopen Case, filed by Department of Homeland Security, Alejandro Mayorkas, Janet Napolitano, U.S. Citizenship and Immigration Services, Colin Barry Childerley. (Goldsmith, Aaron) (Filed on 7/3/2013) Modified on 7/5/2013 (jlm, COURT STAFF). (Entered: 07/03/2013)

July 3, 2013 PACER
26

NOTICE of Voluntary Dismissal by John Colin Partridge (Jobe, Robert) (Filed on 8/14/2013) (Entered: 08/14/2013)

Aug. 14, 2013 PACER

State / Territory: California

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Dec. 14, 2012

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A binational married same-sex couple seeking immigration benefits.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The Department of Homeland Security, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Order Duration: 2013 - None

Issues

General:

Marriage

Discrimination-basis:

Sexual orientatation