Case: Ramsey v. Dalrymple

3:14-cv-00057 | U.S. District Court for the District of North Dakota

Filed Date: June 6, 2014

Closed Date: June 29, 2015

Clearinghouse coding complete

Case Summary

This federal lawsuit challenges North Dakota's refusal to allow same-sex marriages or recognize those celebrated in other states. It was filed on June 6, 2014 in the U.S. District Court for the District of North Dakota, by seven same-sex couples. (Prior to this lawsuit, it seems that North Dakota was the only state that bans same-sex marriage without such a challenge pending.) One couple sought to marry in North Dakota; four were North Dakota residents who had married elsewhere; one couple h…

This federal lawsuit challenges North Dakota's refusal to allow same-sex marriages or recognize those celebrated in other states. It was filed on June 6, 2014 in the U.S. District Court for the District of North Dakota, by seven same-sex couples. (Prior to this lawsuit, it seems that North Dakota was the only state that bans same-sex marriage without such a challenge pending.) One couple sought to marry in North Dakota; four were North Dakota residents who had married elsewhere; one couple had moved to North Dakota after a marriage elsewhere; and one, who married and resided out-of-state, included a member who worked for the State but whose benefits were adversely affected by the recognition ban. The plaintiffs alleged violations of the equal protection and due process clauses of the Fourteenth Amendment and sought declaratory and injunctive relief and attorney's fees.

The case was assigned to Magistrate Judge Karen K. Klein. On July 1, 2014, the defendants filed a motion to dismiss for failure to state a claim upon which relief can be granted. On July 22, 2014, the plaintiffs filed a motion for summary judgment. On January 20, 2015, the court (Chief Judge Ralph R. Erickson) ordered a stay in this case pending the U.S. Supreme Court's decision in Obergefell v. Hodges. On January 23, 2015, the case was reassigned to Magistrate Judge Alice R. Senechal as referral judge.

On June 29, 2015, following the Supreme Court's Obergefell decision holding that state bans on same-sex marriage violate the 14th Amendment, the plaintiffs filed a motion to lift the stay and enter judgment in favor of the plaintiffs. That same day, Chief Judge Erickson granted the motion, granting the plaintiffs' motion for summary judgment and denying the defendants' motion to dismiss. The ordered declared N.D. Constitution Art. XI § 28, and North Dakota Century Code §§ 14-03-01 and 14-03-08 unconstitutional and invalid as applied to same sex marriages, and ordered the defendants to issue marriage licenses to same-sex couples, subject to the same restrictions and limitations applicable to opposite-sex couples.

The parties stipulated to and jointly moved for an award of attorney's fees to the plaintiffs on August 26, 2015. The court ordered the defendants to pay $58,000 in attorney's fees and costs to the plaintiffs pursuant to 42 U.S.C. § 1988 on September 14, 2015. The case is now closed.

Summary Authors

Sarah McDonald (8/9/2018)

People


Judge(s)

Erickson, Ralph R. (North Dakota)

Klein, Karen K. (North Dakota)

Attorneys(s) for Plaintiff

Fiebiger, Thomas D (North Dakota)

Newville, Joshua A (Maryland)

Attorneys(s) for Defendant

Stenehjem, Wayne (North Dakota)

Judge(s)

Erickson, Ralph R. (North Dakota)

Klein, Karen K. (North Dakota)

Attorneys(s) for Plaintiff

Fiebiger, Thomas D (North Dakota)

Newville, Joshua A (Maryland)

Attorneys(s) for Defendant

Stenehjem, Wayne (North Dakota)

Documents in the Clearinghouse

Document

3:14-cv-00057

Docket {PACER}

Sept. 15, 2015

Sept. 15, 2015

Docket
1

3:14-cv-00057

Complaint for Permanent Injunction and Declaratory Relief

June 6, 2014

June 6, 2014

Complaint
65

3:14-cv-00057

Amended Order Granting Motion to Lift Stay, Granting Motion for Summary Judgment, and Denying Motion to Dismiss for Failure to State a Claim

Ramsay v. Dalrymple

June 29, 2015

June 29, 2015

Order/Opinion
73

3:14-cv-00057

Order for Award of Attorneys' Fees and Costs

Ramsay v. Dalrymple

Sept. 14, 2015

Sept. 14, 2015

Order/Opinion

Docket

Last updated Aug. 26, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Jack Dalrymple, Terry Dwelle, Ryan Rauschenberger, Charlotte Sandvik, Wayne Stenehjem (Filing fee $400, receipt number 314000331) filed by Austin Lang, Matthew Lee Elmore, Amber Carlson Allebach, Bernie Erickson, Ron Ramsay, Michele Harmon, Beau Thomas Downey, Siana Bock, Stephanie Bock, Peter Vandervort, Brock Dahl, Joy Haarstick, David Hamilton, Celeste Carlson Allebach. (Attachments: # 1 Civil Cover Sheet)(lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

2

Summons Issued as to Jack Dalrymple, Terry Dwelle, Ryan Rauschenberger, Charlotte Sandvik, Wayne Stenehjem. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

3

MOTION for Leave to Appear Pro Hac Vice Attorney Joshua A. Newville (Filing fee $150, receipt number 314000332) by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

5

NOTICE of Direct Assignment as to Peter Vandervort. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

6

NOTICE of Direct Assignment as to Celeste Carlson Allebach. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

7

NOTICE of Direct Assignment as to Amber Carlson Allebach. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

8

NOTICE of Direct Assignment as to Brock Dahl. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

9

NOTICE of Direct Assignment as to Austin Lang. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

10

NOTICE of Direct Assignment as to Michele Harmon. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

11

NOTICE of Direct Assignment as to Joy Haarstick. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

12

NOTICE of Direct Assignment as to Bernie Erickson. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

13

NOTICE of Direct Assignment as to David Hamilton. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

14

NOTICE of Direct Assignment as to Matthew Lee Elmore. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

15

NOTICE of Direct Assignment as to Beau Thomas Downey. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

16

NOTICE of Direct Assignment as to Stephanie Bock. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

17

NOTICE of Direct Assignment as to Siana Bock. Consent/Reassignment Form due by 6/20/2014. (lf) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

18

(Text Only) ORDER by Magistrate Judge Karen K. Klein granting 3 Motion for Leave to Appear Pro Hac Vice for Attorney Joshua A. Newville. (AS) NEF regenerated to PHV attorney Newville on 6/9/2014 (lf). (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

19

AMENDED COMPLAINT against All Defendants filed by Austin Lang, Matthew Lee Elmore, Amber Carlson Allebach, Bernie Erickson, Ron Ramsay, Michele Harmon, Beau Thomas Downey, Siana Bock, Stephanie Bock, Peter Vandervort, Brock Dahl, Joy Haarstick, David Hamilton, Celeste Carlson Allebach.(Newville, Joshua) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

20

CONSENT/REASSIGNMENT FORM by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (as) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

21

Letter from Carmalita Sanchez requesting Judge Erickson address issues surrounding polygamous marriages. (SH) (Additional attachment(s) added on 6/12/2014: # 1 Letter from Michael Peare received 6/12/2014) (td). (Additional attachment(s) added on 6/16/2014: # 2 Letter from Carmalita Sanchez to Judge Klein (Same doc as main document)) (as). (Additional attachment(s) added on 7/7/2014: # 3 Letter from Rhonda M Nelson) (as). (Additional attachment(s) added on 7/14/2014: # 4 2nd Letter from Mike Peare (Page 3 of this letter is identical to page 4 of previous letter) (td). (Additional attachment(s) added on 7/18/2014: # 5 Letter from Sue Haarstick, # 6 Letter from Chris Takashima, # 7 Letter from Lynn Haarstick) (as). (Additional attachment(s) added on 7/22/2014: # 8 Rebecca Gardner Letter) (td). (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

23

ACKNOWLEDGMENT OF SERVICE Executed filed by Austin Lang, Matthew Lee Elmore, Amber Carlson Allebach, Bernie Erickson, Ron Ramsay, Michele Harmon, Beau Thomas Downey, Siana Bock, Stephanie Bock, Peter Vandervort, Brock Dahl, Joy Haarstick, David Hamilton, Celeste Carlson Allebach. Charlotte Sandvik served on 6/11/2014, answer due 7/2/2014. (Newville, Joshua) (Entered: 06/11/2014)

June 11, 2014

June 11, 2014

24

NOTICE of Appearance by Scott K. Porsborg on behalf of Charlotte Sandvik (Porsborg, Scott) (Entered: 06/11/2014)

June 11, 2014

June 11, 2014

26

MOTION for Leave to File Excess Pages Containing Argument by Jack Dalrymple, Terry Dwelle, Ryan Rauschenberger, Wayne Stenehjem. (Bahr, Douglas) (NOTE: See Proposed Memorandum In Support at 27 Attachment #1) (as) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

27

MEMORANDUM in Support re 26 MOTION for Leave to File Excess Pages Containing Argument filed by Jack Dalrymple, Terry Dwelle, Ryan Rauschenberger, Wayne Stenehjem. (Attachments: # 1Proposed Memorandum In Support)(Bahr, Douglas) Modified on 7/2/2014 to correct exhibit description. (as) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

28

MOTION to Dismiss for Failure to State a Claim by Jack Dalrymple, Terry Dwelle, Ryan Rauschenberger, Wayne Stenehjem. (Bahr, Douglas) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

29

*RESTRICTED − LEAVE OF COURT NOT GRANTED* MEMORANDUM in Support re 28 MOTION to Dismiss for Failure to State a Claim filed by Jack Dalrymple, Terry Dwelle, Ryan Rauschenberger, Wayne Stenehjem. (Bahr, Douglas) Modified on 7/2/2014 to restrict access. (as) (Entered: 07/01/2014)

July 1, 2014

July 1, 2014

30

MOTION to Dismiss for Failure to State a Claim (Joining in State Defendant's Motion to Dismiss at 28 ) filed by Charlotte Sandvik. (Porsborg, Scott) Modified on 7/2/2014 to change event to a motion. (as) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

DOCKET CORRECTION re: 29 MEMORANDUM in Support. Leave of Court has not yet been granted to File Excess Pages (see doc. 26 .) Clerk's office restricted access to document. Proposed Memorandum is attached to the Memorandum in Support at 27 . DOCKET CORRECTION re: 30 RESPONSE to Motion. Clerk's office corrected event to MOTION to Dismiss. (as) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

31

(Text Only) ORDER by Magistrate Judge Karen K. Klein granting 26 Motion for Leave to File Excess Pages. (AS) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

32

NOTICE of Direct Assignment as to Jack Dalrymple. Consent/Reassignment Form due by 7/16/2014. (as) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

33

NOTICE of Direct Assignment as to Terry Dwelle. Consent/Reassignment Form due by 7/16/2014. (as) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

34

NOTICE of Direct Assignment as to Ryan Rauschenberger. Consent/Reassignment Form due by 7/16/2014. (as) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

35

NOTICE of Direct Assignment as to Charlotte Sandvik. Consent/Reassignment Form due by 7/16/2014. (as) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

36

NOTICE of Direct Assignment as to Wayne Stenehjem. Consent/Reassignment Form due by 7/16/2014. (as) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

37

MEMORANDUM in Support re 28 MOTION to Dismiss for Failure to State a Claim filed by Jack Dalrymple, Terry Dwelle, Ryan Rauschenberger, Wayne Stenehjem. (Bahr, Douglas) (Entered: 07/02/2014)

July 2, 2014

July 2, 2014

39

(Text Only) ORDER REASSIGNING CASE by Chief Judge Ralph R. Erickson. Case assigned to Chief Judge Ralph R. Erickson and referred to Magistrate Judge Karen K. Klein for all further proceedings. (as) (Entered: 07/07/2014)

July 7, 2014

July 7, 2014

40

CONSENT/REASSIGNMENT FORM by Charlotte Sandvik. (as) (Entered: 07/08/2014)

July 7, 2014

July 7, 2014

41

RESPONSE to Motion re 28 MOTION to Dismiss for Failure to State a Claim filed by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (Newville, Joshua) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

42

MOTION for Summary Judgment by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (Newville, Joshua) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

43

MEMORANDUM in Support re 42 MOTION for Summary Judgment filed by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (Newville, Joshua) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

44

AFFIDAVIT of Joshua A. Newville re 42 MOTION for Summary Judgment by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (Attachments: # 1 Exhibit 1 − ND House Bill 1302, # 2 Exhibit 2 − Legislative History of ND House Bill 1302, # 3 Exhibit 3 − Journal of ND Senate, 2/28/75, # 4 Exhibit 4 − Senate Bill 2230, # 5 Exhibit 5 − Letter from Sen. Darlene Watne re: Senate Bill 2230, # 6 Exhibit 6 − Selected Letters from Governor's file re: Senate Bill 2320, # 7 Exhibit 7 − Initiative Petition to amend Article XI of ND Constitution, # 8 Exhibit 8 − 5/25/04 Article re: amendment to ND Const. Art. XI, # 9 Exhibit 9 − 10/29/04 Article re: amendment to ND Const. Art. XI, # 10 Exhibit 10 − 9/1/04 Article re: amendment to ND Const. Art. XI, # 11 Exhibit 11 − Selected pages from Equality from State to State, # 12 Exhibit 12 − Declaration of Ron Ramsay, # 13 Exhibit 13 − Declaration of Peter Vandervort, # 14 Exhibit 14 − Declaration of Celeste Carlson Allebach, # 15 Exhibit 15 − Declaration of Amber Carlson Allebach, # 16 Exhibit 16 − Declaration of Brock Dahl, # 17 Exhibit 17 − Declaration of Austin Lang, # 18 Exhibit 18 − Declaration of Michele "Mickey" Harmon, # 19 Exhibit 19 − Declaration of Joy Haarstick, # 20 Exhibit 20 − Declaration of Bernie Erickson, # 21 Exhibit 21 − Declaration of David Hamilton, # 22 Exhibit 22 − Declaration of Matthew Lee Elmore, # 23 Exhibit 23 − Declaration of Beau Thomas Downey, # 24 Exhibit 24 − Declaration of Stephanie Bock, # 25 Exhibit 25 − Declaration of Siana Bock)(Newville, Joshua) Modified on 7/23/2014 to add descriptions to attachments. (rh) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

45

CERTIFICATE OF SERVICE by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort re 44 Affidavit,,, 43 MEMORANDUM in Support, 41 Response to Motion, (Newville, Joshua) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

46

MOTION for Hearing re 42 MOTION for Summary Judgment by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (Newville, Joshua) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

DOCKET CORRECTION re: 44 Affidavit. Clerk's office added descriptions to exhibits. (rh) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

47

MOTION for Leave to Appear Pro Hac Vice Attorney Christopher F. Stoll (Filing fee $150, receipt number 314000418) by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (lf) (Entered: 07/25/2014)

July 25, 2014

July 25, 2014

48

MOTION for Leave to Appear Pro Hac Vice Attorney Shannon P. Minter (Filing fee $150, receipt number 314000419) by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (lf) (Entered: 07/25/2014)

July 25, 2014

July 25, 2014

49

(Text Only) ORDER by Magistrate Judge Karen K. Klein granting 47 Motion for Leave to Appear Pro Hac Vice for Attorney Christopher F. Stoll; granting 48 Motion for Leave to Appear Pro Hac Vice for Attorney Shannon P. Minter. (JJC) NEF regenerated to PHV attorneys Stoll and Minter on 7/28/2014 (lf). (Entered: 07/28/2014)

July 28, 2014

July 28, 2014

50

MOTION for Extension of Time to File Response/Reply as to 42 MOTION for Summary Judgment by Jack Dalrymple, Terry Dwelle, Ryan Rauschenberger, Wayne Stenehjem. (Bahr, Douglas) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

51

MEMORANDUM in Support re 50 MOTION for Extension of Time to File Response/Reply as to 42 MOTION for Summary Judgment filed by Jack Dalrymple, Terry Dwelle, Ryan Rauschenberger, Wayne Stenehjem. (Bahr, Douglas) (Entered: 08/08/2014)

Aug. 8, 2014

Aug. 8, 2014

52

(Text Only) ORDER by Magistrate Judge Karen K. Klein granting 50 Motion for Extension of Time to File Response/Reply re 42 MOTION for Summary Judgment . Defendants' Response due by 8/22/2014. (JJC) (Entered: 08/11/2014)

Aug. 11, 2014

Aug. 11, 2014

53

RESPONSE to Motion re 42 MOTION for Summary Judgment filed by Jack Dalrymple, Terry Dwelle, Ryan Rauschenberger, Wayne Stenehjem. (Bahr, Douglas) (Entered: 08/22/2014)

Aug. 22, 2014

Aug. 22, 2014

54

RESPONSE to Motion re 42 MOTION for Summary Judgment filed by Charlotte Sandvik. (Porsborg, Scott) (Entered: 08/22/2014)

Aug. 22, 2014

Aug. 22, 2014

55

*RESTRICTED − ERROR IN DOCUMENT* REPLY to Response to Motion re 42 MOTION for Summary Judgment filed by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (Newville, Joshua) Modified on 9/8/2014 to restrict access per filers request. (as) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

56

REPLY to Response to Motion re 42 MOTION for Summary Judgment filed by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (as) (Entered: 09/08/2014)

Sept. 5, 2014

Sept. 5, 2014

DOCKET CORRECTION re: 55 REPLY to Response. Error in Document. Clerk's office restricted access to document per request of filer and re−filed corrected version at 56 . (as) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

57

(Text Only) ORDER STAYING CASE pending a decision by the United States Supreme Court in four consolidated cases (14−556, 14−562, 14−571, 14−574) by Chief Judge Ralph R. Erickson.(SH) (Entered: 01/20/2015)

Jan. 20, 2015

Jan. 20, 2015

58

(Text Only) ORDER REASSIGNING CASE to Magistrate Judge Alice R. Senechal as referral judge for all further proceedings by Chief Judge Ralph R. Erickson. Magistrate Judge Karen K. Klein no longer referral judge on the case. Any previously scheduled hearings remain set for the same date and time. (kmk) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

59

MOTION to Lift Stay and Enter Judgment in Favor of Plaintiffs by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (Newville, Joshua) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

61

RESPONSE to Motion re 59 MOTION to Lift Stay and Enter Judgment in Favor of Plaintiffs filed by Jack Dalrymple, Terry Dwelle, Ryan Rauschenberger, Wayne Stenehjem. (Bahr, Douglas) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

62

RESPONSE to Motion re 59 MOTION to Lift Stay and Enter Judgment in Favor of Plaintiffs filed by Charlotte Sandvik. (Porsborg, Scott) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

63

ORDER by Chief Judge Ralph R. Erickson GRANTING 59 Motion to Lift Stay and Enter Judgment; GRANTING 42 Motion for Summary Judgment; DENYING as moot 46 Motion for Hearing; and DENYING 28 and 30 Motions to Dismiss for Failure to State a Claim. (RP) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

64

CLERK'S JUDGMENT (js) Amended Judgment filed at 66 . (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

65

AMENDED ORDER to 63 Order Granting 59 Motion to Lift Stay and Enter Judgment; Granting 42 Motion for Summary Judgment; Denying as moot 46 Motion for Hearing; and Denying 28 and 30 Motions to Dismiss for Failure to State a Claim. (RP) (Entered: 06/29/2015)

June 29, 2015

June 29, 2015

66

AMENDED CLERK'S JUDGMENT(js) (Entered: 06/30/2015)

June 30, 2015

June 30, 2015

67

MOTION for Extension of Time to File Motion, Petition, or Stipulation for Attorneys' Fees and Costs (Filed Jointly by All Parties) by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (Newville, Joshua) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

68

ORDER by Chief Judge Ralph R. Erickson GRANTING 67 Motion for Extension of Time to Petition for Attorneys' Fees and Costs. The parties may file any motions for attorneys' fees or costs no later than 8/17/2015. (RP) (Entered: 07/07/2015)

July 7, 2015

July 7, 2015

69

MOTION for Extension of Time to File Petition for Attorneys' Fees and Costs (Filed Jointly) by Siana Bock, Stephanie Bock, Amber Carlson Allebach, Celeste Carlson Allebach, Brock Dahl, Beau Thomas Downey, Matthew Lee Elmore, Bernie Erickson, Joy Haarstick, David Hamilton, Michele Harmon, Austin Lang, Ron Ramsay, Peter Vandervort. (Newville, Joshua) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

70

(Text Only) ORDER by Magistrate Judge Alice R. Senechal granting 69 Joint Motion for Extension of Time to File Petition for Attorney Fees and Costs. Notwithstanding any other provision of law, including without limitation Fed. R. Civ. P. 54 and Local Rule 54.1, the parties may file any motions for attorneys' fees or costs no later than August 31, 2015. (AS) (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

71

ORDER Granting Joint Request to Extend Deadlines to Petition for Attorneys' Fees and Costs by Chief Judge Ralph R. Erickson (Attachments: # 1 Email correspondence from Joshua Newville and Douglas Bahr).(SH) (Entered: 08/26/2015)

Aug. 26, 2015

Aug. 26, 2015

72

STIPULATION re. Attorneys' Fees & Costs by Jack Dalrymple, Terry Dwelle, Ryan Rauschenberger, Wayne Stenehjem. (Attachments: # 1 Proposed Order re. Attorneys' Fees & Costs)(Bahr, Douglas) (Entered: 08/26/2015)

Aug. 26, 2015

Aug. 26, 2015

73

ORDER Adopting 72 Stipulation for Award of Attorneys' Fees and Costs by Chief Judge Ralph R. Erickson.(SH) (Entered: 09/14/2015)

Sept. 14, 2015

Sept. 14, 2015

74

SECOND AMENDED CLERK'S JUDGMENT. Amended to add attorneys' fees and costs.(js) (Entered: 09/15/2015)

Sept. 15, 2015

Sept. 15, 2015

Case Details

State / Territory: North Dakota

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: June 6, 2014

Closing Date: June 29, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Seven same-sex couples. One couple seeks to marry in North Dakota; five live in North Dakota but married in other states (one while residing out of state; four traveled out of state to marry); one lives out of state but includes a member employed by North Dakota, whose health insurance and other benefits are limited by the ban on recognition of same-sex marriage.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of North Dakota, 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

Right to travel

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: 58,000

Content of Injunction:

Discrimination Prohibition

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male