Case: Charelle Loder v. Reese McKinney, Jr.

2:11-cv-00979 | U.S. District Court for the Middle District of Alabama

Filed Date: Nov. 17, 2011

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On November 17, 2011, several couples who reside in Alabama filed a class action lawsuit in the U.S. District Court of the Middle District of Alabama against the State of Alabama, alleging violations of the Due Process Clause and Equal Protection Clause of the 14th Amendment. The plaintiffs, represented by the Southern Poverty Law Center and private counsel, sought a declaratory judgment, injunctive relief, and attorneys' fees, alleging that the defendants' policies discriminated against non-U…

On November 17, 2011, several couples who reside in Alabama filed a class action lawsuit in the U.S. District Court of the Middle District of Alabama against the State of Alabama, alleging violations of the Due Process Clause and Equal Protection Clause of the 14th Amendment. The plaintiffs, represented by the Southern Poverty Law Center and private counsel, sought a declaratory judgment, injunctive relief, and attorneys' fees, alleging that the defendants' policies discriminated against non-U.S. citizens trying to obtain a marriage license in Alabama.

In Alabama, no person may marry without a marriage license. One of a probate judge's ministerial jobs is to issue marriage licenses to those couples that meet the requirements. Alabama law states that the parties issuing the marriage license must obtain the Social Security Number of the individuals getting married and have it appear in the marriage license and certificate. In 2008, the Alabama Attorney General, issued a statement saying that a Social Security Number or other proofs of citizenship were not required to obtain a marriage license. The Attorney General ordered the probate offices to instead allow people trying to get married the opportunity to submit an affidavit saying they do not have a Social Security Number.

On September 13, 2012, the District Court (Judge William Keith Watkins) denied Defendant Probate Judge McKinney, Jr.'s (Probate Judge Reed's predecessor) motion to dismiss. The defendant argued that the plaintiffs did not have standing since they did not apply for a marriage license and thus did not suffer any type of injury. However, the District Court (Judge Watkins) did not buy this argument since Judge McKinney, Jr. had a clear policy of requiring non-citizens who wanted to get a marriage license to provide proof of legal status. The District Court (Judge Watkins) thus found that the plaintiffs were effectively barred from applying for a marriage license and that applying for it would have been futile. On September 25, 2012, the District Court (Judge Watkins) denied the plaintiffs' motion for class certification so on December 7, 2012, the plaintiffs filed their first amended complaint.

On June 3, 2013, the District Court (Judge William Keith Watkins) entered a protective order assuring the confidentiality of certain information disclosed by both parties. On June 11, 2013, the District Court (Judge Watkins) granted Defendant Probate Judge Reed's motion to dismiss any claims against him. Judge Reed argued that his probate office did not require proof of citizenship prior to issuing marriage licenses, and that he was actually willing to give the plaintiffs their marriage licenses if they had applied for it. Judge McKinney, Jr.'s prior policy was repealed and so the District Court (Judge Watkins) found that the plaintiffs no longer had standing.

On August 19, 2013, the District Court (Judge William Keith Watkins) approved the parties' joint stipulation of dismissal. As part of the agreement, the official Probate County's marriage policy was amended and published so that it was clear that there were no citizenship requirements, including a Social Security Number, to obtaining a marriage license.

Summary Authors

Perry Miska (3/30/2014)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5534842/parties/loder-v-mckinney/


Judge(s)

Capel, Wallace Jr. (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Brooke, Samuel (Alabama)

Howard, Alan B. (New York)

Knoepp, James Melvin (Georgia)

Rubio, Sigfredo (Alabama)

Webb, Kendrick E. (Alabama)

Werner, Daniel (Georgia)

Attorneys(s) for Defendant

Bolling, Frederic A (Alabama)

Judge(s)

Capel, Wallace Jr. (Alabama)

Watkins, William Keith (Alabama)

Attorneys(s) for Plaintiff

Bauer, Mary C. (Virginia)

Brooke, Samuel (Alabama)

Howard, Alan B. (New York)

Knoepp, James Melvin (Georgia)

Rubio, Sigfredo (Alabama)

Webb, Kendrick E. (Alabama)

Werner, Daniel (Georgia)

Attorneys(s) for Defendant

Bolling, Frederic A (Alabama)

Clements, Fred Lee Jr. (Alabama)

Englehart, John Mark (Alabama)

Gillis, Henry Lewis (Alabama)

Means, Tyrone Carlton (Alabama)

Documents in the Clearinghouse

Document

2:11-cv-00979

Docket

Aug. 19, 2013

Aug. 19, 2013

Docket
1

2:11-cv-00979

Class Action Complaint

Nov. 17, 2011

Nov. 17, 2011

Complaint
32

2:11-cv-00979

Order and Memorandum Denying Defendants' Motion to Dismiss

Charelle Loder, et al. v. Reese McKinney, Jr.

896 F.Supp.2d 1116

Sept. 13, 2012

Sept. 13, 2012

Order/Opinion
36

2:11-cv-00979

Order (Denying Plaintiffs' Motion for Class Certification)

Sept. 25, 2012

Sept. 25, 2012

Order/Opinion
51

2:11-cv-00979

First Amended Complaint

Dec. 7, 2012

Dec. 7, 2012

Complaint
74

2:11-cv-00979

Stipulated Protective Order

June 3, 2013

June 3, 2013

Order/Opinion
77

2:11-cv-00979

Memorandum Opinion and Order

2013 WL 2566907, 2013 U.S.Dist.LEXIS 81545

June 11, 2013

June 11, 2013

Order/Opinion
82

2:11-cv-00979

Order and Stipulation of Dismissal

Aug. 19, 2013

Aug. 19, 2013

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5534842/loder-v-mckinney/

Last updated Aug. 5, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT against Reese McKinney, Jr (Filing fee $ 350.00 receipt number 4602020604), filed by Charelle Loder, Jack Doe, Jane Doe, James Doe. (Attachments: # 1 Exhibit A, # 2 Receipt)(br, ) (Entered: 11/17/2011)

1 Exhibit A

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2 Receipt

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Nov. 17, 2011

Nov. 17, 2011

PACER
2

MOTION for Leave to Proceed Under Pseudonyms by Jack Doe, James Doe, Jane Doe. (Attachments: # 1 Text of Proposed Order)(br, ) (Entered: 11/17/2011)

1 Text of Proposed Order

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Nov. 17, 2011

Nov. 17, 2011

PACER
3

MEMORANDUM in Support re 2 MOTION for Leave to Proceed Under Pseudonyms filed by Jack Doe, James Doe, Jane Doe. (Attachments: # 1 Declaration of Heidi Beirich, # 2 Declaration of Jack Doe, # 3 Declaration of Jane Doe, # 4 Declaration of James Doe)(br, ) (Entered: 11/17/2011)

1 Declaration of Heidi Beirich

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2 Declaration of Jack Doe

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3 Declaration of Jane Doe

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4 Declaration of James Doe

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Nov. 17, 2011

Nov. 17, 2011

PACER
4

Summons Issued; summons and complaint returned to the plaintiffs for personal service of Reese McKinney, Jr. (br, ) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
5

Corporate/Conflict Disclosure Statement by Jack Doe. (Bauer, Mary) Modified on 11/17/2011 to clarify text (br, ). (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
6

Corporate/Conflict Disclosure Statement by James Doe. (Bauer, Mary) Modified on 11/17/2011 to clarify text (br, ). (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
7

Corporate/Conflict Disclosure Statement by Jane Doe. (Bauer, Mary) Modified on 11/17/2011 (br, ). (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
8

Corporate/Conflict Disclosure Statement by Charelle Loder. (Bauer, Mary) Modified on 11/17/2011 to clarify text (br, ). (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
9

CERTIFICATE OF SERVICE re 2 Motion and 3 Memorandum by Jack Doe, James Doe, Jane Doe, Charelle Loder (Bauer, Mary) Modified on 11/17/2011 to link to documents (br, ). (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
10

SUMMONS Returned Executed by Charelle Loder, Jack Doe, Jane Doe, James Doe. Reese McKinney, Jr served on 11/17/2011, answer due 12/8/2011. (Bauer, Mary) (Entered: 11/17/2011)

Nov. 17, 2011

Nov. 17, 2011

PACER
11

Motion fir James M. Knoepp to Appear Pro Hac Vice by Jack Doe, James Doe, Jane Doe, Charelle Loder. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Bauer, Mary) Modified on 11/21/2011 to add movant name (br, ). (Entered: 11/18/2011)

1 Certificate of Good Standing

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2 Text of Proposed Order

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Nov. 18, 2011

Nov. 18, 2011

PACER
12

Motion for Daniel Werner to Appear Pro Hac Vice by Jack Doe, James Doe, Jane Doe, Charelle Loder. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Bauer, Mary) Modified on 11/21/2011 to add movant name (br, ). (Entered: 11/18/2011)

1 Certificate of Good Standing

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2 Text of Proposed Order

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Nov. 18, 2011

Nov. 18, 2011

PACER
13

Pro hac vice admission fees received for James M. Knoepp and Daniel Werner: $ 100.00, receipt number 4602020636 (br, ) (Entered: 11/22/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
14

ORDER granting 11 12 Motions for James M. Knoepp and Daniel Werner to Appear Pro Hac Vice. Signed by Honorable Judge Mark E. Fuller on 11/23/2011. (br, ) (Entered: 11/23/2011)

Nov. 23, 2011

Nov. 23, 2011

PACER
15

MOTION to Certify Class by Jack Doe, James Doe, Jane Doe, Charelle Loder. (Bauer, Mary) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
16

BRIEF/MEMORANDUM in Support of Plaintiffs' 15 Motion for Class Certification filed by Jack Doe, James Doe, Jane Doe, Charelle Loder. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5)(Bauer, Mary) [Modified on 12/2/2011 to create link to Doc. 15 .-DMN] (Entered: 12/01/2011)

1 Exhibit Exhibit Index

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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Dec. 1, 2011

Dec. 1, 2011

PACER
17

Case reassigned to Chief Judge William Keith Watkins. Honorable Judge Mark E. Fuller no longer assigned to the case. (br, ) (Entered: 12/01/2011)

Dec. 1, 2011

Dec. 1, 2011

PACER
18

NOTICE of Appearance by John Mark Englehart on behalf of Reese McKinney, Jr (br, ) (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER
19

MOTION to Dismiss by Reese McKinney, Jr. (br, ) (Entered: 12/09/2011)

Dec. 9, 2011

Dec. 9, 2011

PACER

***Attorneys Henry Lewis Gillis, Tyrone Carlton Means, Frederic Allen Bolling added for Reese McKinney, Jr pursuant to 19 Motion to Dismiss. (br, )

Dec. 9, 2011

Dec. 9, 2011

PACER
20

BRIEFING ORDER: Plaintiffs shall file a response to the 19 Motion to Dismiss which shall include a brief on or before January 11, 2012. The Defendant may file a reply brief on or before January 25, 2012. Signed by Chief Judge William Keith Watkins on 12/15/2011. (br, ) (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
21

Consent MOTION for Extension of Time to File Response/Reply (Unopposed) by Jack Doe, James Doe, Jane Doe, Charelle Loder. (Brooke, Samuel) (Entered: 01/05/2012)

Jan. 5, 2012

Jan. 5, 2012

PACER
22

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Reese McKinney, Jr.. Corporate Disclosures due by 1/17/2012. (Attachments: # 1 Standing Order and Sample Format)(scn, ) (Entered: 01/06/2012)

1 Standing Order and Sample Format

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Jan. 6, 2012

Jan. 6, 2012

PACER
23

ORDER granting the 21 Motion for Extension of Time as follows: (1.) The Plaintiffs' deadline for filing a response is EXTENDED from January 11, 2012, to January 17, 2012; (2.) The Defendant's deadline for filing a response is EXTENDED from January 25, 2012, to January 31, 2012. Signed by Chief Judge William Keith Watkins on 1/17/12. (scn, ) (Entered: 01/17/2012)

Jan. 17, 2012

Jan. 17, 2012

PACER
24

RESPONSE in Opposition re 19 MOTION to Dismiss filed by Jack Doe, James Doe, Jane Doe, Charelle Loder. (Bauer, Mary) (Entered: 01/17/2012)

Jan. 17, 2012

Jan. 17, 2012

PACER
25

SECOND NOTICE OF DEFICIENCY requiring filing of Corporate Disclosure/Conflict Statement sent to Reese McKinney, Jr.. Corporate Disclosures due by 2/2/2012. (Attachments: # 1 Standing order and sample format)(scn, ) (Entered: 01/23/2012)

1 Standing order and sample format

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Jan. 23, 2012

Jan. 23, 2012

PACER
26

REPLY to 24 Response to Motion re 19 MOTION to Dismiss filed by Reese McKinney, Jr. (Englehart, John) (Entered: 02/01/2012)

Feb. 1, 2012

Feb. 1, 2012

PACER
27

Motion for Allan Bruce Howard to Appear Pro Hac Vice, by Jack Doe, James Doe, Jane Doe, and Charelle Loder. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Bauer, Mary) Modified on 2/22/2012 to add attorney name (scn, ). (Entered: 02/21/2012)

1 Certificate of Good Standing

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2 Text of Proposed Order Proposed Order

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Feb. 21, 2012

Feb. 21, 2012

PACER

***Attorney Alan Howard added as counsel for Jack Doe, James Doe, Jane Doe, and Charelle Loder pursuant to 27 Motion. (scn, )

Feb. 21, 2012

Feb. 21, 2012

PACER
28

Pro Hac Vice Filing fee received re 27 Motion: $ 50.00, receipt number 4602021779. (wcl, ) (Entered: 02/24/2012)

Feb. 23, 2012

Feb. 23, 2012

PACER
29

ORDER granting 27 Motion for Leave for Alan Howard to Appear Pro Hac Vice. Signed by Chief Judge William Keith Watkins on 2/27/12. (scn, ) (Main Document 29 replaced on 2/27/2012) (scn, ). Modified on 2/27/2012 to reflect change to title of document (scn, ). (Entered: 02/27/2012)

Feb. 27, 2012

Feb. 27, 2012

PACER
30

NOTICE of PDF Correction re 29 Order on Motion to reflect correction to title of Order. (Attachments: # 1 Corrected main document of Docket Entry 29 )(scn, ) (Entered: 02/27/2012)

1 Corrected main document of Docket Entry [29]

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Feb. 27, 2012

Feb. 27, 2012

PACER
31

ORDER directing that, upon consideration of Plaintiffs' 2 motion for leave to proceed under pseudonyms, and for good cause shown, it is ORDERED that the motion is GRANTED, and Plaintiffs Jack Doe, James Doe, and Jane Doe are granted leave to proceed under those pseudonyms. Signed by Chief Judge William Keith Watkins on 9/7/12. (scn, ) (Entered: 09/07/2012)

Sept. 7, 2012

Sept. 7, 2012

PACER
32

MEMORANDUM OPINION AND ORDER directing that Defendant's 19 Rule 12(b)(1) Motion to Dismiss is DENIED, as further set out. Signed by Chief Judge William Keith Watkins on 9/13/12. (scn, ) (Main Document 32 replaced on 9/13/2012) (scn, ). (Entered: 09/13/2012)

Sept. 13, 2012

Sept. 13, 2012

RECAP
33

ORDER directing that a status conference, to be held on the record, is set on September 25, 2012, at 11:00 a.m., in Courtroom 2B to discuss the 15 Motion for Class Certification, scheduling, and other procedural matters. Signed by Chief Judge William Keith Watkins on 9/18/12. (Furnished to Calendar/AR)(scn, ) (Entered: 09/18/2012)

Sept. 18, 2012

Sept. 18, 2012

PACER
34

NOTICE by Reese McKinney, Jr of Clarification and Amendment of Marriage License Policy; Suggestion of Mootness; etc. (Englehart, John) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
35

Minute Entry for STATUS CONFERENCE held before Chief Judge William Keith Watkins on 9/25/2012 (PDF available for court use only). (Court Reporter Risa Entrekin.) (ajr, ) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
36

ORDER directing that: (1) Plaintiffs' 16 Motion for Class Certification is DENIED with leave to file new, separate motions for certification of a plaintiff class and a defendant class on or before October 25, 2012, as further set out; (2) The parties shall confer to discuss the implications of Defendant's 34 Notice on or before October 5, 2012; (3) Plaintiffs shall file a response to Defendants' 34 Notice on or before October 9, 2012. Signed by Chief Judge William Keith Watkins on 9/25/12. (scn, ) (Entered: 09/25/2012)

Sept. 25, 2012

Sept. 25, 2012

PACER
37

MOTION to Withdraw as Attorney ALAN B. HOWARD by Jack Doe, James Doe, Jane Doe, Charelle Loder. (Brooke, Samuel) (Entered: 10/02/2012)

Oct. 2, 2012

Oct. 2, 2012

PACER
38

ORDER granting 37 Motion for Alan B. Howard to Withdraw as Attorney. Signed by Chief Judge William Keith Watkins on 10/4/12. (scn, ) (Entered: 10/04/2012)

Oct. 4, 2012

Oct. 4, 2012

PACER

*** Attorney Alan B Howard terminated as counsel of record for Plaintiffs Jack Doe, James Doe, Jane Doe, and Charelle Loder pursuant to 38 Order. (scn, )

Oct. 4, 2012

Oct. 4, 2012

PACER
39

NOTICE by Charelle Loder re 34 Notice (Other) Plaintiffs' Opposition to Defendant's Notice (Attachments: # 1 Brooke Decl, # 2 Long Decl)(Brooke, Samuel) (Entered: 10/09/2012)

1 Brooke Decl

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2 Long Decl

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Oct. 9, 2012

Oct. 9, 2012

PACER
40

NOTICE by James Doe, Jane Doe of Dismissal of Claims (Brooke, Samuel) (Entered: 10/22/2012)

Oct. 22, 2012

Oct. 22, 2012

PACER
41

First MOTION to Amend/Correct (Motion to Amend Complaint and Incorporated Memorandum of Law) by Jack Doe, Charelle Loder. (Attachments: # 1 Ex. A - Proposed FAC)(Brooke, Samuel) (Entered: 10/22/2012)

1 Ex. A - Proposed FAC

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Oct. 22, 2012

Oct. 22, 2012

PACER
42

Amended MOTION to Certify Class (Plaintiffs' Amended Motion for Certification of a Plaintiff Class) by Charelle Loder. (Brooke, Samuel) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

PACER
43

Amended MOTION to Certify Class (Plaintiffs' Amended Motion for Certification of a Defendant Class) by Charelle Loder. (Brooke, Samuel) (Entered: 10/23/2012)

Oct. 23, 2012

Oct. 23, 2012

PACER
44

BRIEF/MEMORANDUM in Support re 42 Amended MOTION to Certify Class (Plaintiffs' Amended Motion for Certification of a Plaintiff Class), 43 Amended MOTION to Certify Class (Plaintiffs' Amended Motion for Certification of a Defendant Class) filed by Charelle Loder. (Attachments: # 1 Brooke Decl & Exs. A to P-2, # 2 Bustabad Decl, # 3 Jack Doe Decl, # 4 Jonathon Doe Decl, # 5 Julie Doe Decl, # 6 Loder Decl, # 7 Long Decl, # 8 Ratliff Decl, # 9 Rodriguez Decl, # 10 Samper Decl, # 11 Smiley Decl)(Brooke, Samuel) (Entered: 10/23/2012)

1 Brooke Decl & Exs. A to P-2

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2 Bustabad Decl

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3 Jack Doe Decl

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4 Jonathon Doe Decl

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5 Julie Doe Decl

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6 Loder Decl

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7 Long Decl

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8 Ratliff Decl

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9 Rodriguez Decl

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10 Samper Decl

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11 Smiley Decl

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Oct. 23, 2012

Oct. 23, 2012

PACER
45

ORDER directing that, upon consideration of the 41 motion to amend, it is ORDERED that Defendant file a response on or before November 5, 2012. Signed by Chief Judge William Keith Watkins on 10/26/12. (scn, ) (Entered: 10/26/2012)

Oct. 26, 2012

Oct. 26, 2012

PACER
46

RESPONSE to Motion re 41 First MOTION to Amend/Correct (Motion to Amend Complaint and Incorporated Memorandum of Law) filed by Reese McKinney, Jr. (Englehart, John) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
47

AFFIDAVIT in Opposition re 41 First MOTION to Amend/Correct (Motion to Amend Complaint and Incorporated Memorandum of Law) Declaration of Wells Robinson filed by Reese McKinney, Jr. (Attachments: # 1 Exhibit 1 and 2)(Englehart, John) (Entered: 11/06/2012)

1 Exhibit 1 and 2

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Nov. 6, 2012

Nov. 6, 2012

PACER
48

MOTION for Leave to File Out-of-Time Defendant's Response to Plaintiffs' Motion to Amend Complaint by Reese McKinney, Jr. (Englehart, John) (Entered: 11/06/2012)

Nov. 6, 2012

Nov. 6, 2012

PACER
49

ORDER directing that, upon consideration of Defendant's unopposed 48 Motion for Leave to File Out-Of-Time, and for good cause shown, it is ORDERED that the motion is GRANTED. Signed by Chief Judge William Keith Watkins on 11/7/12. (scn, ) (Entered: 11/07/2012)

Nov. 7, 2012

Nov. 7, 2012

PACER
50

ORDER directing that (1) Plaintiffs shall file their First Amended Complaint on or before December 7, 2012; (2) Defendant Reese McKinney, Jr., shall answer or otherwise respond on or before January 4, 2013; (3) Defendant Gloria Sinclair shall answer or otherwise respond in accordance with Rule 12(a) of the Federal Rules of Civil Procedure. Signed by Chief Judge William Keith Watkins on 12/6/12. (scn, ) (Entered: 12/06/2012)

Dec. 6, 2012

Dec. 6, 2012

PACER
51

FIRST AMENDED COMPLAINT against Reese McKinney, Jr, Gloria Sinclair, filed by Charelle Loder, Jack Doe, Jonathon Doe, Julie Doe.(Brooke, Samuel) Modified on 12/10/2012 to correct docket text to match PDF document (scn, ). (Entered: 12/07/2012)

Dec. 7, 2012

Dec. 7, 2012

PACER

First AMENDED COMPLAINT against Reese McKinney, Jr. and Gloria Sinclair, filed by Julie Doe, Charelle Loder, Jonathon Doe, Jack Doe, Jane Doe, James Doe.(No PDF document attached to this entry; see 51 Amended Complaint.)(scn, )

Dec. 7, 2012

Dec. 7, 2012

PACER

NOTICE of Docket Text Correction re 51 Amendment to Complaint to reflect docket text being changed to "First Amended Complaint" pursuant to PDF document. (No PDF document attached to this entry.) (scn, )

Dec. 7, 2012

Dec. 7, 2012

PACER

*** Attorneys James M Knoepp, Sigfredo Rubio, Daniel Werner, Mary C Bauer, and Samuel J Brooke terminated as cousel for James Doe and Jane Doe pursuant to 51 First Amended Complaint. (scn, )

Dec. 7, 2012

Dec. 7, 2012

PACER

***Attorney Daniel Werner,James M Knoepp,Sigfredo Rubio for Jonathon Doe,Daniel Werner,James M Knoepp,Sigfredo Rubio for Julie Doe added pursuant to 51 Amended Complaint. (scn, )

Dec. 7, 2012

Dec. 7, 2012

PACER
52

MOTION Leave to Proceed Under Pseudonyms by Jonathon Doe and Julie Doe. (Brooke, Samuel) Modified on 12/11/2012 TO REMOVE NON-FILERS PURSUANT TO PDF DOCUMENT (scn, ). (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
53

BRIEF/MEMORANDUM in Support re 52 MOTION Leave to Proceed Under Pseudonyms filed by Jonathon Doe and Julie Doe. (Attachments: # 1 Exhibit Declaration of Jonathon Doe, # 2 Exhibit Declaration of Julie Doe, # 3 Exhibit Declaration of Heidi Beirich, # 4 Exhibit Conflict Disclosure Statement of Jonathon Doe, # 5 Exhibit Conflict Disclosure Statement of Julie Doe)(Brooke, Samuel) Modified on 12/11/2012 TO REMOVE NON-FILERS PURSUANT TO PDF DOCUMENT (scn, ). (Entered: 12/10/2012)

1 Exhibit Declaration of Jonathon Doe

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2 Exhibit Declaration of Julie Doe

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3 Exhibit Declaration of Heidi Beirich

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4 Exhibit Conflict Disclosure Statement of Jonathon Doe

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5 Exhibit Conflict Disclosure Statement of Julie Doe

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Dec. 10, 2012

Dec. 10, 2012

PACER
54

Corporate/Conflict Disclosure Statement by Jonathon Doe re 52 MOTION Leave to Proceed Under Pseudonyms . (Brooke, Samuel) Modified on 12/11/2012 TO REMOVE NON-FILERS PURSUANT TO PDF DOCUMENT (scn, ). (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
55

Corporate/Conflict Disclosure Statement by Julie Doe re 52 MOTION Leave to Proceed Under Pseudonyms . (Brooke, Samuel) Modified on 12/11/2012 TO REMOVE NON-FILERS PURSUANT TO PDF DOCUMENT (scn, ). (Entered: 12/10/2012)

Dec. 10, 2012

Dec. 10, 2012

PACER
56

ORDER directing that the 52 Motion for Leave to Proceed Under Pseudonyms is GRANTED, as further set out. Signed by Chief Judge William Keith Watkins on 12/11/12. (scn, ) (Entered: 12/11/2012)

Dec. 11, 2012

Dec. 11, 2012

PACER
57

Summons Issued as to Gloria Sinclair; mailed CMRRR with copy of 51 Amended Complaint, 55 Corporate/Conflict Disclosure Statement by Julie Doe, 54 Corporate/Conflict Disclosure Statement by Jonathon Doe, 53 BRIEF/MEMORANDUM in Support, 52 MOTION Leave to Proceed Under Pseudonyms by Jonathon Doe and Julie Doe, 44 BRIEF/MEMORANDUM in Support, 43 Amended MOTION to Certify Class, and 42 Amended MOTION to Certify Class. (scn, ) (Entered: 12/13/2012)

Dec. 13, 2012

Dec. 13, 2012

PACER
58

Return Receipt Card showing service of 51 Amended Complaint, 55 Corporate/Conflict Disclosure Statement by Julie Doe, 54 Corporate/Conflict Disclosure Statement by Jonathon Doe, 53 BRIEF/MEMORANDUM in Support, 52 MOTION Leave to Proceed Under Pseudonyms by Jonathon Doe and Julie Doe, 44 BRIEF/MEMORANDUM in Support, 43 Amended MOTION to Certify Class, and 42 Amended MOTION to Certify Class signed by Melanie C for Gloria Sinclair served on 12/14/2012, answer due 1/4/2013. (scn, ) (Entered: 12/17/2012)

Dec. 17, 2012

Dec. 17, 2012

PACER
59

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim - Amended Complaint by Reese McKinney, Jr. (Englehart, John) (Entered: 01/05/2013)

Jan. 4, 2013

Jan. 4, 2013

PACER
60

AFFIDAVIT re 59 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim - Amended Complaint (Supporting Affidavit of Wells Robinson) by Reese McKinney, Jr. (Englehart, John) (Additional attachment(s) added on 1/7/2013: # 1 Affidavit with certificate of service) (scn, ). (Entered: 01/05/2013)

1 Affidavit with certificate of service

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Jan. 5, 2013

Jan. 5, 2013

PACER
61

NOTICE of PDF Correction re 60 Affidavit to reflect addition of certificate of service. (Attachments: # 1 Affidavit with certificate of service)(scn, ) (Entered: 01/07/2013)

1 Affidavit with certificate of service

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Jan. 7, 2013

Jan. 7, 2013

PACER
62

NOTICE by Reese McKinney, Jr re 60 Affidavit, (Notice of Filing of Exhibits to Declaration of Wells Robinson) (Englehart, John) Modified on 1/9/2013 to remove relationship to 61 NOTICE of PDF Correction re 60 Affidavit to reflect addition of certificate of service (scn, ). (Entered: 01/08/2013)

Jan. 8, 2013

Jan. 8, 2013

PACER
63

NOTICE by Reese McKinney, Jr of Substitution of Public Officer Defendant (Englehart, John) (Entered: 02/01/2013)

Feb. 1, 2013

Feb. 1, 2013

PACER
64

BRIEF/MEMORANDUM in Support re 59 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim - Amended Complaint Supplement to Motion to Dismiss Amended Complaint filed by Steven L. Reed. (Attachments: # 1 Affidavit of Steven Reed)(Englehart, John) (Additional attachment(s) added on 2/11/2013 to reflect correction to style of case: # 2 Corrected main document, # 3 Corrected Reed declaration) (scn, ). (Entered: 02/07/2013)

1 Affidavit of Steven Reed

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2 Corrected main document

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3 Corrected Reed declaration

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Feb. 7, 2013

Feb. 7, 2013

PACER
65

NOTICE of PDF Correction re 64 Brief to reflect correction to style of the case. (Attachments: # 1 Corrected main document of docket entry 64, # 2 Corrected exhibit of docket entry 64 )(scn, ) (Entered: 02/11/2013)

1 Corrected main document of docket entry [64]

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2 Corrected exhibit of docket entry [64]

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Feb. 11, 2013

Feb. 11, 2013

PACER
66

RESPONSE in Opposition re 59 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim - Amended Complaint filed by Jack Doe, Charelle Loder. (Knoepp, James) (Entered: 02/28/2013)

Feb. 28, 2013

Feb. 28, 2013

PACER
67

REPLY BRIEF re 59 MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim - Amended Complaint filed by Steven L. Reed. (Attachments: # 1 Affidavit Malcolm Richard)(Englehart, John) (Entered: 03/09/2013)

1 Affidavit Malcolm Richard

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March 9, 2013

March 9, 2013

PACER
68

ANSWER to Amendment to Complaint by Gloria Sinclair.(Clements, Fred) (Additional attachment(s) added on 4/3/2013: # 1 Corrected certificate of service) (scn, ). (Entered: 04/02/2013)

1 Corrected certificate of service

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April 2, 2013

April 2, 2013

PACER

***Attorney Kendrick Emerson Webb for Gloria Sinclair added pursuant to 68 Answer. (scn, )

April 2, 2013

April 2, 2013

PACER

***Attorney Kendrick Emerson Webb and Fred Lee Clements, Jr for Leon Archer added pursuant to 68 Answer. (scn, )

April 2, 2013

April 2, 2013

PACER

*** Attorney Fred Lee Clements, Jr and Kendrick Emerson Webb terminated as counsel for Gloria Sinclair pursuant to 68 Answer. (scn, )

April 2, 2013

April 2, 2013

PACER
69

Corporate/Conflict Disclosure Statement by Leon Archer. (Webb, Kendrick) Modified on 4/3/2013 to correct FILING PARTY (scn, ). (Entered: 04/03/2013)

April 3, 2013

April 3, 2013

PACER
70

Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Steven L. Reed. Corporate Disclosures due by 4/15/2013. (Attachments: # 1 Standing ORDER and sample format)(scn, ) (Entered: 04/03/2013)

1 Standing ORDER and sample format

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April 3, 2013

April 3, 2013

PACER
71

Corporate/Conflict Disclosure Statement by Steven L. Reed re 70 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Steven L. Reed. (Englehart, John) Modified on 4/18/2013 to create relationship to 70 Notice of Deficiency requiring filing of Corporate Disclosure/Conflict Statement sent to Steven L. Reed (scn, ). (Entered: 04/17/2013)

April 17, 2013

April 17, 2013

PACER
72

REPORT of Rule 26(f) Planning Meeting. (Brooke, Samuel) (Entered: 06/03/2013)

June 3, 2013

June 3, 2013

PACER
73

Joint MOTION for Protective Order by Jack Doe, Jonathon Doe, Julie Doe, Charelle Loder, Steven L. Reed, and Leon Archer. (Attachments: # 1 (Propsoed) Stipulated Protective Order)(Brooke, Samuel) Modified on 6/3/2013 to add JOINT FILERS pursuant to PDF document (scn, ). (Entered: 06/03/2013)

1 (Propsoed) Stipulated Protective Order

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June 3, 2013

June 3, 2013

PACER

NOTICE of Docket Text Correction re 73 Joint MOTION for Protective Order to reflect addition of Steven L. Reed and Leon Archer as JOINT FILERS pursuant to PDF document. (No PDF document attached to this entry.) (scn, )

June 3, 2013

June 3, 2013

PACER
74

STIPULATED PROTECTIVE ORDER. Signed by Honorable Judge Wallace Capel, Jr on 6/3/13. (scn, ) (Entered: 06/03/2013)

June 3, 2013

June 3, 2013

PACER
75

MOTION to Withdraw as Attorney MARY BAUER by Jack Doe, Jonathon Doe, Julie Doe, Charelle Loder. (Bauer, Mary) (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

PACER
76

ORDER directing that Mary C. Bauer's 75 motion to withdraw as counsel is granted. Signed by Chief Judge William Keith Watkins on 6/7/13. (scn, ) (Entered: 06/07/2013)

June 7, 2013

June 7, 2013

PACER

*** Attorney Mary C Bauer terminated as counsel for Jack Doe, Jonathon Doe, Julie Doe, and Charelle Loder pursuant to 76 Order. (scn, )

June 7, 2013

June 7, 2013

PACER
77

MEMORANDUM OPINION AND ORDER directing that Judge Reed's 59 motion to dismiss is GRANTED and that the claims of Plaintiffs Charelle Loder and Jack Doe are DISMISSED for lack of standing, as further set out. Signed by Chief Judge William Keith Watkins on 6/11/13. (Attachments: # 1 Civil Appeals Checklist)(scn, ) (Entered: 06/11/2013)

1 Civil Appeals Checklist

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June 11, 2013

June 11, 2013

RECAP

*** Attorneys John Mark Englehart, Henry Lewis Gillis, Tyrone Carlton Means, and Frederic Allen Bolling terminated as counsel for defendant Steven L. Reed pursuant to 77 Memorandum Opinion and Order; Attorneys Daniel Werner, James M Knoepp, Sigfredo Rubio, and Samuel J Brooke terminated as counsel for plaintiffs Charelle Loder and Jack Doe pursuant to 77 Memorandum Opinion and Order.(scn, )

June 11, 2013

June 11, 2013

PACER
78

RULE 26(f) ORDER directing that the Rule 26(f) report containing the discovery plan shall be filed as soon as practicable but not later than July 3, 2013, as further set out. Signed by Chief Judge William Keith Watkins on 6/12/13. (scn, ) (Entered: 06/12/2013)

June 12, 2013

June 12, 2013

PACER
79

Joint MOTION to Stay Proceedings Until August 16, 2013 by Leon Archer, Jonathon Doe, Julie Doe. (Brooke, Samuel) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

PACER
80

ORDER directing that the 79 Joint Motion to Stay Proceedings is GRANTED, and that proceedings in this case are STAYED until August 16, 2013, on which date the parties are ORDERED to file a Rule 26(f) report in accordance with the court's previous 78 order. Signed by Chief Judge William Keith Watkins on 7/3/13. (scn, ) (Entered: 07/03/2013)

July 3, 2013

July 3, 2013

PACER
81

STIPULATION of Dismissal (Jointly Filed) by Jonathon Doe, Julie Doe. (Attachments: # 1 Ex A - Tallapoosa County Policy)(Brooke, Samuel) (Entered: 08/16/2013)

1 Ex A - Tallapoosa County Policy

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Aug. 16, 2013

Aug. 16, 2013

RECAP
82

ORDER directing that all pending motions in this case are DENIED as moot; the Clerk of the Court is ORDERED to close this case. Signed by Chief Judge William Keith Watkins on 8/19/13. (Attachments: # 1 Civil Appeals Checklist)(scn, ) (Entered: 08/19/2013)

1 Civil Appeals Checklist

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Aug. 19, 2013

Aug. 19, 2013

PACER

Case Details

State / Territory: Alabama

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 17, 2011

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Couples, where at least one individual is not a U.S. citizen, who are barred by an Alabama law from obtaining a marriage license.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

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)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Issues

General:

Marriage

Discrimination-basis:

Immigration status

Immigration/Border:

Constitutional rights

Family Separation

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation