Case: Hamby v. Parnell

3:14-cv-00089 | U.S. District Court for the District of Alaska

Filed Date: May 12, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On May 12, 2014, five same-sex couples living in Alaska filed this lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Alaska, against the state of Alaska. The plaintiffs, represented by private counsel, asked the court to declare Alaska's same-sex marriage ban unconstitutional, to recognize valid marriages carried out in other states, and to enjoin the enforcement of the marriage ban.In their complaint, the plaintiffs claimed that Alaska's ban on same-sex marriage vio…

On May 12, 2014, five same-sex couples living in Alaska filed this lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Alaska, against the state of Alaska. The plaintiffs, represented by private counsel, asked the court to declare Alaska's same-sex marriage ban unconstitutional, to recognize valid marriages carried out in other states, and to enjoin the enforcement of the marriage ban.

In their complaint, the plaintiffs claimed that Alaska's ban on same-sex marriage violated their rights under the Fourteenth Amendment's Due Process and Equal Protection Clauses. They also claimed that the inability to enter into marriage with their chosen spouse interfered with their procurement of benefits and formation of their families.

The original judge presiding over the case, H. Russell Holland, recused himself on May 21, 2014. The case was then reassigned to Judge Timothy M. Burgess. On October 12, 2014, Judge Burgess granted the plaintiffs' Motion for Summary Judgment, declaring Alaska's same-sex marriage laws unconstitutional for violating the Due Process and Equal Protection clauses of the Constitution and enjoining enforcement of any laws that prohibit same-sex couples from marrying or deny recognition of lawful same-sex marriages from other states. 56 F.Supp.3d 1056.

On October 14, 2014, the defendants appealed to the United States Court of Appeals for the Ninth Circuit. On October 15, 2014, the Court of Appeals granted a temporary stay of the District Court's judgment until midnight on October 17, allowing appellants to seek a stay from the Supreme Court of the United States. On October 17, 2014, the Supreme Court denied the application for stay, dissolving the temporary stay granted by the Court of Appeals.

On February 27, 2015, the Ninth Circuit granted the plaintiffs' (opposed) motion to stay the appeal pending the U.S. Supreme Court's decision in Obergefell v. Hodges (PB-OH-0003 in this Clearinghouse). The proceedings were stayed until 14 days after the decision issued in Obergefell .

On April 15, 2015, the district court granted plaintiffs’ motion for reasonable attorneys’ fees and expenses through to October 2014 in the amount of $127,720.90. Two of plaintiffs’ counsel filed a motion for reconsideration of the April 15 order on May 13, 2015. On July 1, 2015, the Ninth Circuit dismissed the appeal, with the costs allocated pursuant to the stipulation. On September 2015, the district court held that the motion for reconsideration failed to provide any justification warranting the use of the ‘extraordinary remedy’. Since then, there has been no further action in this case.

Summary Authors

Megan Dolan (6/27/2014)

Claire Lally (2/9/2015)

David Hamstra (3/22/2015)

Dawn Lui (12/4/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4121866/parties/hamby-v-parnell/


Judge(s)

Burgess, Timothy Mark (Alaska)

Holland, Hezekiah Russel (Alaska)

Attorneys(s) for Plaintiff

Gardner, Heather Leigh (Alaska)

Mendel, Allison E. (Alaska)

Shortell, Caitlin (Alaska)

Attorneys(s) for Defendant

Milks, William E. (Alaska)

Wakley, Kevin Todd (Alaska)

Other Attorney(s)

Active

Active

Active

Judge(s)

Burgess, Timothy Mark (Alaska)

Holland, Hezekiah Russel (Alaska)

Attorneys(s) for Plaintiff

Gardner, Heather Leigh (Alaska)

Mendel, Allison E. (Alaska)

Shortell, Caitlin (Alaska)

Attorneys(s) for Defendant

Milks, William E. (Alaska)

Wakley, Kevin Todd (Alaska)

Other Attorney(s)

Decker, Joshua A. (Alaska)

Goad, Amanda C. (California)

Orlansky, Susan (Alaska)

Stenson, Thomas W. (Alaska)

Documents in the Clearinghouse

Document

3:14-cv-00089

Docket [PACER]

Sept. 2, 2015

Sept. 2, 2015

Docket
1

3:14-cv-00089

Complaint for Declaratory and Injunctive Relief

May 12, 2014

May 12, 2014

Complaint
3

3:14-cv-00089

Notice of Recusal

May 21, 2014

May 21, 2014

Notice Letter
38

3:14-cv-00089

ORDER

56 F.Supp.3d 1056

Oct. 12, 2014

Oct. 12, 2014

Order/Opinion
43

3:14-cv-00089

Judgment in a Civil Case

Hamby V. Parnell

Oct. 14, 2014

Oct. 14, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4121866/hamby-v-parnell/

Last updated Aug. 7, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400.), filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet)(Mendel, Allison) Modified on 5/13/2014 to add filers(PXS, COURT STAFF). (Entered: 05/12/2014)

1 Civil Cover Sheet

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May 12, 2014

May 12, 2014

RECAP
2

Unissued summons re Defendant Parnell, (Attachments: # 1 Unissued Summons re Defendant Geraghty, # 2 Unissued Summons re Defendant Mitchell, # 3 Unissued Summons re Defendant Streur)(TYM, COURT STAFF) (Entered: 05/13/2014)

1 Unissued Summons re Defendant Geraghty

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2 Unissued Summons re Defendant Mitchell

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3 Unissued Summons re Defendant Streur

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May 13, 2014

May 13, 2014

PACER
3

NOTICE: Upon Order of the Chief Judge, this case shall be referred to the Clerk's Office for random reassignment. (Jan, Chambers Staff) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
4

ORDER OF RECUSAL. Judge H. Russel Holland recused. The clerk of court is directed to reassign this case to another district judge by random draw. Signed by Judge H. Russel Holland on 5/21/14. (CLW, COURT STAFF) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

PACER
5

CERTIFICATE OF SERVICE by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese on all Defendants (Attachments: # 1 Exhibit Attachment 1 to Proof of Service)(Mendel, Allison) (Entered: 06/04/2014)

1 Exhibit Attachment 1 to Proof of Service

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June 4, 2014

June 4, 2014

PACER
6

ANSWER to 1 Complaint by All Defendants.(Milks, William) (Entered: 06/19/2014)

June 19, 2014

June 19, 2014

PACER
7

INITIAL CASE STATUS REPORT/CASE SCHEDULING AND PLANNING ORDER: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 28 days from service of order. (PXS, COURT STAFF) (Entered: 06/20/2014)

June 20, 2014

June 20, 2014

PACER
8

ORDER Setting Scheduling Conference: There will be a scheduling and planning hearing on Tuesday, July 22, 2014 at 12:00 p.m. before Judge Timothy M. Burgess. (SRL, CHAMBERS STAFF) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

PACER
9

MOTION for Leave to Appear Telephonically by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur.(Wakley, Kevin) (Entered: 07/17/2014)

July 17, 2014

July 17, 2014

PACER
10

TMB TEXT ORDER GRANTING 9 Motion for Leave to Appear Telephonically. IT IS HEREBY ORDERED that Mr. Wakley is permitted to appear telephonically at the status conference on July 22, 2014 at 12:00 PM. Mr. Wakley is directed to call (907) 677-6225 to participate. (SRL, CHAMBERS STAFF) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER
11

STATUS REPORT Joint Planning and Scheduling Report by Matthew Hamby. (Mendel, Allison) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

PACER
12

Minute Entry for proceedings held before Judge Timothy M. Burgess: Scheduling and Planning Conference held on 7/22/2014. Court ordered Plaintiffs to file Motion for Summary Judgment by 8/22/2014; Responses due by 9/19/2014; Replies due by 9/26/2014. Oral Argument re Motion for Summary Judgment set for 10/10/2014 at 1:00 PM in Anchorage Courtroom 1 before Timothy M. Burgess. Court ordered parties to file Revised Joint Planning and Scheduling Report by 7/30/2014. cc: USM, USPO. (NXL, COURT STAFF) (Entered: 07/22/2014)

July 22, 2014

July 22, 2014

PACER
13

REPORT of Rule 26(f) Planning Meeting. (Mendel, Allison) (Entered: 07/30/2014)

July 30, 2014

July 30, 2014

PACER
14

MOTION for Extension of Time to File UNOPPOSED Motion for Extension of Time to file Plaintiffs' Motion for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Attachments: # 1 Proposed Order Proposed Order on Plaintiffs' Unopposed Motion for Extension of Time to File Motion for Summary Judgment)(Mendel, Allison) (Entered: 08/20/2014)

1 Proposed Order Proposed Order on Plaintiffs' Unopposed Motion for Extension

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Aug. 20, 2014

Aug. 20, 2014

PACER
15

AFFIDAVIT of Allison Mendel re 14 MOTION for Extension of Time to File UNOPPOSED Motion for Extension of Time to file Plaintiffs' Motion for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/20/2014)

Aug. 20, 2014

Aug. 20, 2014

PACER
16

TMB ORDER granting 14 Motion for Extension of Time; Plaintiffs' Motion for Summary Judgment is now due no later than August 29, 2014. (RMC, COURT STAFF) (Entered: 08/21/2014)

Aug. 21, 2014

Aug. 21, 2014

PACER
17

ORDER; Defendants response due 9/26/14, Plaintiffs reply due 10/3/14. Oral argument will take place at 1:00 p.m. on 10/10/14 in Anchorage Courtroom 1.. Signed by Judge Timothy M. Burgess on 8/22/14. (RMC, COURT STAFF) (Entered: 08/22/2014)

Aug. 22, 2014

Aug. 22, 2014

PACER
18

MOTION for Leave to File Amici Curiae Brief (Unopposed) by American Civil Liberties Union of Alaska, National Association for the Advancement of Colored People, Anchorage Branch. (Attachments: # 1 Exhibit Amici Curiae Brief of the American Civil Liberties Union of Alaska and the National Association for the Advancement of Colored People, Anchorage Branch, # 2 Appendix A to Amici Curiae Brief of the American Civil Liberties Union of Alaska and the National Association for the Advancement of Colored People, Anchorage Branch, # 3 Proposed Order)(Decker, Joshua) (Entered: 08/29/2014)

1 Exhibit Amici Curiae Brief of the American Civil Liberties Union of Alaska and t

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2 Appendix A to Amici Curiae Brief of the American Civil Liberties Union of Alaska

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3 Proposed Order

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Aug. 29, 2014

Aug. 29, 2014

PACER
19

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Amanda Goad by American Civil Liberties Union of Alaska, National Association for the Advancement of Colored People, Anchorage Branch.(Decker, Joshua) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
20

MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Attachments: # 1 Proposed Order)(Mendel, Allison) (Entered: 08/29/2014)

1 Proposed Order

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Aug. 29, 2014

Aug. 29, 2014

PACER
21

DECLARATION of Matthew Hamby re 20 MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
22

DECLARATION of Christopher Shelden re 20 MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
23

DECLARATION of Sean Egan re 20 MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
24

DECLARATION of Stephanie Pearson re 20 MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
25

DECLARATION of Susan Tow re 20 MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
26

DECLARATION of Tracey Wiese re 20 MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
27

ADDITIONAL RELATED DOCUMENT Attachment 1 to Plaintiffs' Rule 56 Motion for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese re 20 MOTION for Summary Judgment . (Mendel, Allison) (Entered: 08/29/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
28

Receipt of $150.00 non-resident attorney payment for Amanda Goad as to Amici Curiae American Civil Liberties Union of Alaska and National Association for the Advancement of Colored People, Anchorage Branch. re 19 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Amanda Goad (PXS, COURT STAFF) (Entered: 09/02/2014)

Aug. 29, 2014

Aug. 29, 2014

PACER
29

CLERK'S NOTICE re 19 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Amanda Goad, at docket 19, is authorized under D.Ak. LR 83.1(d). (PXS, COURT STAFF) (Entered: 09/02/2014)

Sept. 2, 2014

Sept. 2, 2014

PACER
30

ORDER GRANTING 18 Motion for Leave to File Amici Curiae Brief. Signed by Judge Timothy M. Burgess on 9/5/14. (SRL, CHAMBERS STAFF) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
31

RESPONSE in Opposition re 20 MOTION for Summary Judgment filed by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur. (Wakley, Kevin) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

PACER
32

REPLY to Response to Motion re 20 MOTION for Summary Judgment filed by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 10/03/2014)

Oct. 3, 2014

Oct. 3, 2014

PACER
33

ERRATA And Filing of Corrected Reply by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese 32 Reply to Response to Motion, filed by Katrina Cortez, Christina Laborde, Stephanie Pearson, Susan Tow, Matthew Hamby, Tracey Wiese, Christopher Shelden, Courtney Lamb, David Robinson, Sean Egan. (Attachments: # 1 Supplement Corrected Reply)(Gardner, Heather) Modified on 10/6/2014 to create relationship to document #20 (PXS, COURT STAFF). (Entered: 10/03/2014)

1 Supplement Corrected Reply

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Oct. 3, 2014

Oct. 3, 2014

RECAP
34

CERTIFICATE OF SERVICE by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese re 33 Errata,, And Filing of Corrected Reply (Gardner, Heather) (Entered: 10/06/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
35

TMB TEXT ORDER RE Oral Argument: Oral Argument set for Friday, October 10, 2014 at 01:00 PM in Anchorage Courtroom 1 before Judge Timothy M. Burgess will be broadcast live in both Juneau and Fairbanks courtrooms. (SRL, CHAMBERS STAFF) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
36

ORDER Regarding Oral Argument set for October 10, 2014. Signed by Judge Timothy M. Burgess on 10/8/14. (SRL, CHAMBERS STAFF) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
37

Minute Entry for proceedings held before Judge Timothy M. Burgess: Hearing on Motion for Summary Judgment 20 held on 10/10/2014. Matter taken UNDER ADVISEMENT, written ruling to issue. (DJE, COURT STAFF) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

RECAP
38

ORDER granting 20 Motion for Summary Judgment. Signed by Judge Timothy M. Burgess on 10/12/14. (Burgess, Timothy) (Entered: 10/12/2014)

Oct. 12, 2014

Oct. 12, 2014

RECAP
39

NOTICE OF APPEAL by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur. Filing fee $ 505, receipt number 097--1827646. (Milks, William) Modified on 10/14/2014 to create relationships to documents #38 and #43. (PRR, COURT STAFF). (Entered: 10/13/2014)

Oct. 13, 2014

Oct. 13, 2014

PACER
40

MOTION to Stay Pending Appeal (Emergency) by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur.(Milks, William) (Entered: 10/13/2014)

Oct. 13, 2014

Oct. 13, 2014

PACER
41

USCA Case Number 14-35856 for 39 Notice of Appeal filed by Michael Geraghty, Sean C. Parnell, William J. Streur, Phillip Mitchell. (Attachments: # 1 USCA Opening Packet, # 2 USCA Mediation Letter, # 3 USCA Mediation Questionnaire)(BJK, COURT STAFF) (Entered: 10/14/2014)

1 USCA Opening Packet

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2 USCA Mediation Letter

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3 USCA Mediation Questionnaire

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Oct. 14, 2014

Oct. 14, 2014

PACER
42

USCA Scheduling Order as to 39 Notice of Appeal filed by Michael Geraghty, Sean C. Parnell, William J. Streur, Phillip Mitchell. (BJK, COURT STAFF) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
43

JUDGMENT declaring Alaska's same-sex marriage laws unconstitutional for violating Due Process and Equal Protection Clauses of the 14th Amendment to the US Constitution; state of Alaska enjoined from enforcing Alaska Constitution Article 1, Section 25 and Alaska Statute Sections 25.05.011 and 25.05.013 to the extent the laws prohibit otherwise qualified same-sex couples from marriage and refusing to recognize lawful same-sex marriages entered in other states. Signed by Judge Timothy M. Burgess on 10/14/14. (PRR, COURT STAFF) (Additional attachment(s) added on 4/15/2015: # 1 Judgment with atty fees, costs and expenses added and redistributed on 4/15/15.) (RMC, COURT STAFF). (Entered: 10/14/2014)

1 Judgment with atty fees, costs and expenses added and redistributed on 4/15/15.

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Oct. 14, 2014

Oct. 14, 2014

PACER
44

TMB TEXT ORDER denying the Emergency Motion to Stay Pending Appeal filed at docket 40 . (PRR, COURT STAFF) (Entered: 10/14/2014)

Oct. 14, 2014

Oct. 14, 2014

PACER
45

USCA ORDER as to 39 Notice of Appeal, filed by Michael Geraghty, Sean C. Parnell, William J. Streur, Phillip Mitchell. The court GRANTS a temporary stay of the district courts October 12, 2014 order, until 12:00 p.m. (noon) PDT on Friday, October 17, 2014, to afford appellants an opportunity to seek a stay from the United States Supreme Court. Barring any such stay from the Supreme Court, this courts temporary stay dissolves at 12:00 p.m. PDT on October 17, 2014. Appellants corrected emergency motion for a stay of the district courts October 12, 2014 order pending appeal is otherwise DENIED. The briefing schedule established previously remains in effect. OSCANNLAIN, Circuit Judge, concurring in part and dissenting in part: While I concur in affording the state of Alaska the opportunity to seek a stay from the Supreme Court, I would grant the stay pending appeal in this court. (TYM, COURT STAFF) (Entered: 10/15/2014)

Oct. 15, 2014

Oct. 15, 2014

PACER
46

First MOTION for Attorney Fees by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Attachments: # 1 Proposed Order)(Mendel, Allison) (Entered: 10/28/2014)

1 Proposed Order

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Oct. 28, 2014

Oct. 28, 2014

PACER
47

MEMORANDUM in Support of Motion for Attorneys' Fees by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese 46 First MOTION for Attorney Fees filed by Katrina Cortez, Christina Laborde, Stephanie Pearson, Susan Tow, Matthew Hamby, National Association for the Advancement of Colored People, Anchorage Branch, Tracey Wiese, Christopher Shelden, Courtney Lamb, David Robinson, Sean Egan. (Mendel, Allison) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

RECAP
48

AFFIDAVIT of Laurence Blakely re 46 First MOTION for Attorney Fees by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
49

DECLARATION of Caitlin Shortell re 46 First MOTION for Attorney Fees by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
50

DECLARATION of Heather Gardner re 46 First MOTION for Attorney Fees by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 10/28/2014)

Oct. 28, 2014

Oct. 28, 2014

PACER
51

DESIGNATION of Record on Appeal by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur re 39 Notice of Appeal, (Wakley, Kevin) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

PACER
52

TRANSCRIPT REQUEST by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur re 39 Notice of Appeal, (Wakley, Kevin) (Entered: 11/05/2014)

Nov. 5, 2014

Nov. 5, 2014

PACER
53

Joint STIPULATION TO EXTEND STATE DEFENDANTS DEADLINE TO FILE OPPOSITION TO PLAINTIFFS MOTION FOR REASONABLE ATTORNEYS FEES AND EXPENSES by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur.(Wakley, Kevin) (Entered: 11/07/2014)

Nov. 7, 2014

Nov. 7, 2014

PACER
54

TMB TEXT ORDER GRANTING 53 Joint STIPULATION TO EXTEND STATE DEFENDANTS DEADLINE TO FILE OPPOSITION TO PLAINTIFFS' MOTION FOR REASONABLE ATTORNEYS FEES AND EXPENSES. IT IS HEREBY ORDERED that the deadline for State Defendants to file their opposition to Motion at Docket 46 is 11/25/14. (SRL, CHAMBERS STAFF) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER
55

TRANSCRIPT of Proceedings ; Oral Argument on Motion for Summary Judgment held on October 10, 2014, before Judge Timothy M. Burgess. Realtime Court Reporter: R. Joy Stancel. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, R. Joy Stancel, 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 2/19/2015. (RJS, ) (Entered: 11/21/2014)

Nov. 21, 2014

Nov. 21, 2014

PACER
56

RESPONSE in Opposition re 46 First MOTION for Attorney Fees filed by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur. (Attachments: # 1 Proposed Order)(Milks, William) (Entered: 11/25/2014)

1 Proposed Order

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Nov. 25, 2014

Nov. 25, 2014

RECAP
57

DECLARATION of William Milks re 56 Response in Opposition to Motion by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur. (Milks, William) (Entered: 11/25/2014)

Nov. 25, 2014

Nov. 25, 2014

PACER
58

REPLY to Response to Motion re 46 First MOTION for Attorney Fees filed by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Gardner, Heather) (Entered: 12/02/2014)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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Dec. 2, 2014

Dec. 2, 2014

PACER
59

DECLARATION of Caitlin Shortell (Amended) re 58 Reply to Response to Motion, by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Attachments: # 1 Exhibit Exhibit 1 to Declaration of C. Shortell)(Gardner, Heather) (Entered: 12/02/2014)

1 Exhibit Exhibit 1 to Declaration of C. Shortell

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Dec. 2, 2014

Dec. 2, 2014

RECAP
60

Notice to Counsel re 58 Reply to Response to Motion, filed by Katrina Cortez, Christina Laborde, Stephanie Pearson, Susan Tow, Matthew Hamby, Tracey Wiese, Christopher Shelden, Courtney Lamb, David Robinson, Sean Egan. A review of the document submitted at dkt 58 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 58. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (RMC, COURT STAFF) (Entered: 12/03/2014)

Dec. 3, 2014

Dec. 3, 2014

PACER
61

USCA ORDER as to 39 Notice of Appeal, filed by Michael Geraghty, Sean C. Parnell, William J. Streur, Phillip Mitchell. The appellants opposed motion to stay appellate proceedings pending the Supreme Court decision in DeBoer v. Snyder, Supreme Court Docket No. 14-571, is GRANTED. Appellate proceedings are stayed until 14 days after the decision issues in DeBoer or June 30, 2015, whichever occurs first. At or prior to the expiration of the stay of appellate proceedings, the appellants shall file the opening brief or file a motion for appropriate relief. If the opening brief is filed, the answering brief will be due July 30, 2015. The optional reply brief is due within 14 days after service of the answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. (TYM, COURT STAFF) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
62

ORDER granting in part 46 Motion for Attorney Fees in the amount of $127,262.50 and $458.40 in costs and expenses for a total of $127,720.90. Signed by Judge Timothy M. Burgess on 4/15/15. (RMC, COURT STAFF) (Entered: 04/15/2015)

April 15, 2015

April 15, 2015

RECAP
63

MOTION for Reconsideration re 62 Order on Motion for Attorney Fees by and on behalf of Shortell and Gardner by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb. (Attachments: # 1 Proposed Order Order Granting Reconsideration, # 2 Affidavit Declaration Gardner, # 3 Affidavit Declaration Holen, # 4 Declaration Legacki, # 5 Declaration Hedges, # 6 Declaration Shortell)(Shortell, Caitlin) (Entered: 05/13/2015)

1 Proposed Order Order Granting Reconsideration

View on PACER

2 Affidavit Declaration Gardner

View on PACER

3 Affidavit Declaration Holen

View on PACER

4 Declaration Legacki

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5 Declaration Hedges

View on PACER

6 Declaration Shortell

View on PACER

May 13, 2015

May 13, 2015

RECAP
64

Notice to Counsel re 63 MOTION for Reconsideration re 62 Order on Motion for Attorney Fees by and on behalf of Shortell and Gardner filed by Katrina Cortez, Christina Laborde, Matthew Hamby, Courtney Lamb, Sean Egan. A review of the document submitted at dkt 63 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 63. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (PXS, COURT STAFF) (Entered: 05/14/2015)

May 14, 2015

May 14, 2015

PACER
65

TMB TEXT ORDER re 63 MOTION for Reconsideration re 62 Order on Motion for Attorney Fees. Defendants shall file a response to the Motion for Reconsideration on or before June 3, 2015. Oral argument will be set once the motion has been fully briefed. (RMC, COURT STAFF) (Entered: 05/20/2015)

May 20, 2015

May 20, 2015

PACER
66

RESPONSE in Opposition re 63 MOTION for Reconsideration re 62 Order on Motion for Attorney Fees by and on behalf of Shortell and Gardner filed by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur. (Wakley, Kevin) (Entered: 06/03/2015)

June 3, 2015

June 3, 2015

PACER
67

USCA ORDER as to 39 Notice of Appeal, filed by Michael Geraghty, Sean C. Parnell, William J. Streur, Phillip Mitchell. The stipulation to dismiss the appeal under Federal Rules of Appellate Procedure 42(b) is GRANTED. The costs shall be allocated pursuant to the stipulation. A copy of this order shall act as and for the MANDATE of this court. (TYM, COURT STAFF) (Entered: 07/02/2015)

July 1, 2015

July 1, 2015

PACER
68

ORDER DENYING 63 Motion for Reconsideration re 62 Order on Motion for Attorney Fees by and on behalf of Shortell and Gardner. Signed by Judge Timothy M. Burgess on 9/2/15. (SRL, CHAMBERS STAFF) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

RECAP

Case Details

State / Territory: Alaska

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: May 12, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are five same-sex couples living in Alaska and wish for the state to recognize their marriages conducted in other states and to marry in Alaska.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Alaska, 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):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Amount Defendant Pays: $127,720.90

Order Duration: 2014 - 2015

Content of Injunction:

Discrimination Prohibition

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male