Case: Searcy v. Bentley

1:14-cv-00208 | U.S. District Court for the Southern District of Alabama

Filed Date: May 7, 2014

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On May 7, 2014, a same-sex couple, who were legally married in California, filed this lawsuit in the U.S. District Court for the Southern District of Alabama, under 42 U.S.C. § 1983, against the state of Alabama. One plaintiff had given birth to a child, whom the other plaintiff wanted to adopt. Under Alabama law, non-biological parents may adopt their "spouse's child." The plaintiffs were not considered spouses, however, because the state did not recognize same-sex marriages. As a result, thei…

On May 7, 2014, a same-sex couple, who were legally married in California, filed this lawsuit in the U.S. District Court for the Southern District of Alabama, under 42 U.S.C. § 1983, against the state of Alabama. One plaintiff had given birth to a child, whom the other plaintiff wanted to adopt. Under Alabama law, non-biological parents may adopt their "spouse's child." The plaintiffs were not considered spouses, however, because the state did not recognize same-sex marriages. As a result, their adoption petition was denied and the couple filed suit. The plaintiffs, represented by private counsel, asked the court to declare Alabama's same-sex marriage ban unconstitutional, under the Due Process, Equal Protection, and Full Faith and Credit Clauses. They also asked for an injunction, ordering the defendants to recognize same-sex marriages from other jurisdictions and to grant the plaintiffs' adoption petition.

On June 12, 2014, the plaintiffs filed a motion for summary judgment. The next day, the District Court for the Southern District of Alabama (Judge Callie V. S. Granade) found the motion to be premature. On August 20, 2014, Judge Granade adopted the magistrate judge's recommendation and granted several parties' motions to dismiss: the Alabama Attorney General was now the only defendant.

On January 23, 2015, Judge Granade granted the plaintiff's motion for summary judgment, finding that Alabama's same-sex marriage ban violated the Due Process and the Equal Protection Clauses and enjoining the state attorney general from enforcing that ban. The freedom to marry was a fundamental right, the court held, protected by the Constitution. In order for Alabama to restrict that right, its same-sex marriage ban had to be narrowly tailored and it had to serve a compelling state interest. The court rejected the state's purported interests as either not compelling or overly broad. Thus, the ban was unconstitutional. Two days later, the district court stayed its injunction until February 9, giving the defendant time to seek a further stay pending appeal before the U.S. Court of Appeals for the Eleventh Circuit.

On January 28, at plaintiffs' request, Judge Granade clarified her order. The Alabama Probate Judges Association had stated to the press that, despite the ruling, they were bound by Alabama law and could not issue same-sex marriage licenses. The Court stated that because the judgment was stayed, the Alabama probate courts were not required to follow the judgment. However, if the stay were lifted, the U.S. Constitution would require the probate judges to issue same-sex marriage licenses, because the court's order had found that Alabama's marriage laws were unconstitutional.

On February 3, 2015, the Eleventh Circuit sua sponte consolidated the appeals in this case and in Strawser v. Strange (PB-AL-0010 in this Clearinghouse), and denied the Alabama Attorney General's motions for a stay pending appeal. In response, the Attorney General filed an application for a stay with U.S. Supreme Court Justice Clarence Thomas, the Circuit Justice for the Eleventh Circuit. That same day, the District Court denied plaintiffs' request to lift the stay.

Late on February 8, 2015, with the district court's stay set to expire, the Chief Justice of the Alabama Supreme Court, Roy Moore, sent an order to probate judges and state employees, threatening them with legal action by the governor if they issued or recognized same-sex marriage licenses. The chief justice claimed that the district court orders bound only the Alabama Attorney General and his employees and not Alabama's probate judges.

On February 9, 2015, the U.S. Supreme Court denied the application for stay, with Justice Clarence Thomas, joined by Justice Antonin Scalia, dissenting from the denial. Strange v. Searcy, 135 S. Ct. 940 (2015). As a result, Judge Granade's orders took effect: the ban on same-sex marriage was now illegal in Alabama, at least according to the federal courts. Alabama's probate judges faced competing orders: the district court's would allow same-sex marriage, but Chief Justice Moore's would not. The result was legal chaos. Some probate judges followed the federal court order and issued same-sex marriage licenses but most probate judges refused and many ceased issuing marriage licenses entirely.

In the plaintiffs' county, Mobile County Probate Judge Don Davis refused to issue any licenses that day. Plaintiffs responded by filing a motion to hold him in contempt, which Judge Granade rejected because the probate judge was not a party to the case.

That same day the plaintiffs re-filed their adoption petition. Mobile County Probate Judge Don Davis issued an initial adoption decree but he added language saying "that this Decree is qualified in nature, and the Court will not issue a final adoption order until a final ruling is issued in the United States Supreme Court on the Marriage Act cases before it." The non-biological parent brought a new lawsuit against the probate judge for including this language. Searcy v. Davis (PB-AL-0011 in this Clearinghouse) Probate Judge Davis eventually removed the qualified wording from the adoption petition and the court dismissed that suit.

In this case, Searcy v. Bentley, the only remaining issue involves attorneys' fees. On February 12, 2015, Judge Granade granted the plaintiffs' motion extending the time to file a petition for attorneys' fees until 30 days after the U.S. Supreme Court's decision in Obergefell v. Hodges (PB-OH-0003 in this Clearinghouse). Plaintiffs moved for attorneys' fees on August 31, 2015. The court granted the motion in part and denied it in part on May 27, 2016, awarding attorneys' fees of $126,206.66 and allowing plaintiffs to file further documentation in support of the remainder of their costs. The court additionally granted plaintiffs $500.98 in costs on June 28, 2016. The case is now closed.

Summary Authors

Megan Dolan (7/1/2014)

Katherine Reineck (3/21/2015)

David Hamstra (4/8/2015)

Elizabeth Heise (11/17/2018)

Related Cases

Strawser v. Strange, Southern District of Alabama (2014)

Hedgepeth v. Davis, Southern District of Alabama (2015)

Hathcote v. Green, Northern District of Alabama (2015)

Searcy v. Davis, Southern District of Alabama (2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4127640/parties/searcy-v-strange/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Granade, Callie V. (Alabama)

Kagan, Elena (District of Columbia)

Nelson, Katherine P. (Alabama)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Ginsburg, Ruth Bader (District of Columbia)

Granade, Callie V. (Alabama)

Kagan, Elena (District of Columbia)

Nelson, Katherine P. (Alabama)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Hernandez, Christine Cassie (Alabama)

Kennedy, David Graham (Alabama)

Attorneys(s) for Defendant

Brasher, Andrew Lynn (Alabama)

Brooks, Felicia Marshea (Alabama)

Davis, James W. (Alabama)

Hagmaier, Jason Kirk (Alabama)

Howell, Laura Elizabeth (Alabama)

Other Attorney(s)

Agricola, Algert Swanson Jr. (Alabama)

Ryals, Joseph Lenn (Alabama)

Documents in the Clearinghouse

Document

1:14-cv-00208

Docket [PACER]

Searcy v. Strange

June 28, 2016

June 28, 2016

Docket
1

1:14-cv-00208

Complaint for Declaratory and Injunctive Relief

May 7, 2014

May 7, 2014

Complaint
34

1:14-cv-00208

Report and Recommendation

Searcy v. Strange

July 30, 2014

July 30, 2014

Magistrate Report/Recommendation
53

1:14-cv-00208

Opinion on Summary Judgment

Searcy v. Strange

81 F.Supp.3d 1285, 2015 WL 328728

Jan. 23, 2015

Jan. 23, 2015

Order/Opinion
59

1:14-cv-00208

Order Granting Stay

Searcy v. Strange

2015 WL 328825

Jan. 25, 2015

Jan. 25, 2015

Order/Opinion
65

1:14-cv-00208

Order Clarifying Judgment

Searcy v. Strange

Jan. 28, 2015

Jan. 28, 2015

Order/Opinion

No. 14A840

[Denial of Stay]

Searcy v. Strange

Supreme Court of the United States

135 S.Ct. 940

Feb. 9, 2015

Feb. 9, 2015

Order/Opinion
82

1:14-cv-00208

Order

Searcy v. Strange

2016 WL 3034324

May 27, 2016

May 27, 2016

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4127640/searcy-v-strange/

Last updated Aug. 25, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT For Declaratory and Injunctive Relief against All Defendants ( Filing fee $400 receipt number 1128-1578041, Online Credit Card Payment), filed by Cari D. Searcy, Kimberly McKeand. (Hernandez, Christine) (Entered: 05/07/2014)

1 Civil Cover Sheet

View on PACER

May 7, 2014

May 7, 2014

RECAP
2

Notice of Assignment to Magistrate Judge for trial. (Attachments: # 1 request for reassignment) (srr) (Entered: 05/07/2014)

1 request for reassignment

View on PACER

May 7, 2014

May 7, 2014

PACER
4

NOTICE of Filing Proposed Summons by Kimberly McKeand, Cari D. Searcy (Hernandez, Christine) (Entered: 05/07/2014)

May 7, 2014

May 7, 2014

PACER
5

Summons Issued as to Robert Bentley, Nancy T. Buckner, Don Davis, Catherine M. Donald, Luther Strange. Note to Counsel: The Summons have been issued. Please print copies necessary for service. (srr) (Main Document 5 replaced on 5/13/2014) (srr). (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
6

AFFIDAVIT of Service for Summons & Complaint served on Don Davis on 05/09/2014, filed by Kimberly McKeand, Cari D. Searcy. (Hernandez, Christine) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
7

NOTICE of Appearance by David Graham Kennedy on behalf of Kimberly McKeand, Cari D. Searcy (Kennedy, David) (Entered: 05/13/2014)

May 13, 2014

May 13, 2014

PACER
8

AFFIDAVIT of Service for Complaint & Summons served on Luther Strange, III on 05/16/2014, filed by Kimberly McKeand, Cari D. Searcy. (Hernandez, Christine) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
9

AFFIDAVIT of Service for Complaint & Summons served on Robert Bentley on 05/16/2014, filed by Kimberly McKeand, Cari D. Searcy. (Hernandez, Christine) (Entered: 05/20/2014)

May 20, 2014

May 20, 2014

PACER
10

MOTION to Dismiss by Don Davis. (Attachments: # 1 Brief) (Hagmaier, Jason) (Entered: 05/30/2014)

1 Brief

View on PACER

May 30, 2014

May 30, 2014

PACER
11

NOTICE of Appearance by Felicia Marshea Brooks on behalf of Nancy T. Buckner (Brooks, Felicia) (Entered: 05/31/2014)

May 31, 2014

May 31, 2014

PACER
12

NOTICE by Nancy T. Buckner Discloser Statement (Brooks, Felicia) (Entered: 05/31/2014)

May 31, 2014

May 31, 2014

PACER
13

Order re: 10 MOTION to Dismiss filed by Don Davis; Response to Motion due by 6/16/2014, Replies due by 6/23/2014. Signed by Magistrate Judge Katherine P. Nelson on 6/2/2014. (srr) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

RECAP
34

REPORT AND RECOMMENDATIONS: It is RECOMMENDED that Commissioner Buckner's motion to dismiss (Doc. 14 ) and Governor Bentley and Attorney General Strange's motion to dismiss (Doc. 17 ) be GRANTED; and that Judge Davis's motion to d ismiss (Doc. 10 ) be DENIED as MOOT. Accordingly, it is RECOMMENDED that this case proceed solely against Attorney General Strange in his official capacity. Objections to R&R due by 8/13/2014. Signed by Magistrate Judge Katherine P. Nelson on 7/30/2014. copies to parties. (sdb)

July 30, 2014

July 30, 2014

RECAP
40

ORDER ADOPTING 34 REPORT AND RECOMMENDATION as the opinion of this Court. Signed by Judge Callie V. S. Granade on 8/19/2014. (mab)

Aug. 20, 2014

Aug. 20, 2014

RECAP
42

Order, in accordance w/ 40 Order Adopting Report and Recommendation, Plfs' claims against Dfts Bentley, Donald & Buckner in their individual & official capacities are DISMISSED w/prejudice as set out, & Plfs' claims against Luther Strange, III, in his individual capacity are DISMISSED w/prejudice as set out. The parties are directed to use style as set out. Signed by Judge Callie V. S. Granade on 8/28/2014. (tot)

Aug. 28, 2014

Aug. 28, 2014

RECAP
14

MOTION to Dismiss for Lack of Jurisdiction by Nancy T. Buckner. (Brooks, Felicia) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

15

Brief filed by Nancy T. Buckner re 14 MOTION to Dismiss for Lack of Jurisdiction . (Brooks, Felicia) (Entered: 06/03/2014)

June 3, 2014

June 3, 2014

53

MEMORANDUM OPINION AND ORDER, GRANTING Plaintiffs' 21 Motion for Summary Judgment; DENYING Defendant's 21 Motion for Summary Judgment; finding that Ala. Const. Art. I Section 36.03 (2006) and Ala. Code 1975 Section 30-1-19 to be unconstitutional; and enjoining defendant from enforcing those laws. Signed by Judge Callie V. S. Granade on 1/23/2015. (mab)

Jan. 23, 2015

Jan. 23, 2015

RECAP
16

Order re: 14 MOTION to Dismiss for Lack of Jurisdiction filed by Nancy T. Buckner; Response to Motion due by 6/18/2014, Replies due by 6/25/2014. Signed by Magistrate Judge Katherine P. Nelson on 6/4/2014. (srr) (Entered: 06/04/2014)

June 4, 2014

June 4, 2014

54

JUDGMENT entered in favor of plaintiffs, Cari D. Searcy and Kimberly McKeand and against defendant, Luther Strange, in his capacity as Attorney General for the State of Alabama. ALA. CONST. ART. I, § 36.03 (2006) and ALA. CODE 1975 § 30-1-19 are hereby DECLARED to be unconstitutional, and defendant is hereby ENJOINED from enforcing those laws. Costs are to be taxed against the defendant. Signed by Judge Callie V. S. Granade on 1/23/2015. (mab)

Jan. 23, 2015

Jan. 23, 2015

RECAP
17

MOTION to Dismiss by Robert Bentley, Luther Strange. (Davis, James) (Entered: 06/06/2014)

June 6, 2014

June 6, 2014

59

ORDER entered re: 55 Motion to Stay. IT IS HEREBY ORDERED that the Courts Order of Injunction and Judgment (Docs. 53 & 54 ) are STAYED FOR 14 DAYS. If no action is taken by the Eleventh Circuit Court of Appeals to extend or lift the stay within that time period, this courts stay will be lifted on February 9, 2105 as further set out. Signed by Judge Callie V. S. Granade on 1/25/2015. (jlr)

Jan. 25, 2015

Jan. 25, 2015

RECAP
18

AFFIDAVIT of Service for Complaint served on Nancy T. Buckner on 06−05−2014, filed by Kimberly McKeand, Cari D. Searcy. (Hernandez, Christine) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

69

ORDER DENYING Plfs' 67 Motion to Lift Stay as set out. Signed by Judge Callie V. S. Granade on 2/3/2015. (tot)

Feb. 3, 2015

Feb. 3, 2015

RECAP
72

ORDER DENYING Plfs' 71 Motion for Contempt & Immediate Relief as set out. Signed by Judge Callie V. S. Granade on 2/9/2015. (tot)

Feb. 9, 2015

Feb. 9, 2015

RECAP
20

Order that the briefing schedules entered as to the motions filed by Judge Davis and Commissioner Buckner [13,16] are VACATED; plaintiffs to file an omnibus response by 6/24/14 to all pending motions to dismiss re: 14 MOTION to Dismiss for Lack of Jurisdiction filed by Nancy T. Buckner, 10 MOTION to Dismiss filed by Don Davis, 17 MOTION to Dismiss filed by Luther Strange, Robert Bentley; replies due by 7/1/14. Clerk is directed to send a Consent to exercise jurisdiction by Magistrate Judge form; consent form due by 7/1/2014. If parties do not consent the Clerk is directed to reassign this matter to a District Judge. Signed by Magistrate Judge Katherine P. Nelson on 6/10/2014. (Attachments: # 1 consent) (srr) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

21

MOTION for Summary Judgment by Kimberly McKeand, Cari D. Searcy. (Hernandez, Christine) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

82

ORDER GRANTING in part & DENYING in part Plfs' 76 Motion for Attorney Fees & Costs as set out. Plfs are awarded attorneys' fees in the amount of $126,206.66. Plfs are to file, on or before 6/10/16, an accounting of the costs claimed w/sufficient detail to permit meaningful review. Any response from Dft due NLT 6/17/16. Signed by Senior Judge Callie V. S. Granade on 5/27/2016. (tot)

May 27, 2016

May 27, 2016

RECAP
22

Brief filed by Kimberly McKeand, Cari D. Searcy re 21 MOTION for Summary Judgment filed by Kimberly McKeand, Cari D. Searcy. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Text of Proposed Order, # 11 Text of Proposed Order) (Hernandez, Christine) (Entered: 06/12/2014)

June 12, 2014

June 12, 2014

23

NOTICE of Appearance by Laura Elizabeth Howell on behalf of Robert Bentley, Luther Strange (Howell, Laura) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

24

This action has been transferred from the docket of Magistrate Judge Katherine P. Nelson and is now assigned to the docket of Judge Callie V. S. Granade. To insure that your pleadings are referred to the proper Judge and Magistrate Judge with as little delay as possible, please use the letter suffix CG−N after the case number on all future pleadings. (srr) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

Answer due from Catherine M. Donald on 6/30/2014 pursuant to Doc. 19 . (mab) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

25

Order, finding Plaintiffs' 21 MOTION for Summary Judgment to be premature. The Court will enter an appropriate response order and address this motion after it has adjudicated the pending motions to dismiss. Signed by Magistrate Judge Katherine P. Nelson on 6/13/2014. (mab) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

26

PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 7/28/2014. Signed by Magistrate Judge Katherine P. Nelson on 6/13/2014. (mab) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

27

RESPONSE in Opposition re 14 MOTION to Dismiss for Lack of Jurisdiction , 10 MOTION to Dismiss , 17 MOTION to Dismiss filed by Kimberly McKeand, Cari D. Searcy. (Kennedy, David) (Entered: 06/24/2014)

June 24, 2014

June 24, 2014

28

REPLY Brief filed by Defendants Robert Bentley, Luther Strange re: 27 Response in Opposition to Motion, 17 MOTION to Dismiss filed by Robert Bentley, Luther Strange. (Davis, James) (Entered: 06/27/2014)

June 27, 2014

June 27, 2014

29

STIPULATION of Dismissal of Judge Don Davis by Cari D. Searcy, Kimberly McKeand. (Kennedy, David) (Entered: 07/14/2014)

July 14, 2014

July 14, 2014

30

NOTICE of Endorsement by Don Davis re: 29 Stipulation of Dismissal (Hagmaier, Jason) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

31

Order re: 29 Joint Stipulation of Dismissal filed by Plf & Dft Don Davis. Unless an objection is filed on or before 7/25/2014, Plf's claims against Dft Davis will be deemed to be dismissed w/prejudice as of 7/25/14 without further order from the court. Signed by Judge Callie V. S. Granade on 7/18/2014. (tot) (Entered: 07/18/2014)

July 18, 2014

July 18, 2014

32

REPORT of Rule 26(f) Planning Meeting . (Davis, James) (Entered: 07/28/2014)

July 28, 2014

July 28, 2014

33

SCHEDULING ORDER: Amended Pleadings due by 9/15/2014. Discovery cutoff 10/15/2014. Dispositive Motions due from plaintiffs by 10/15/2014. Dispositive Motions due from defendants by 11/17/2014. Signed by Magistrate Judge Katherine P. Nelson on 7/30/2014. copies to parties. (sdb) (Entered: 07/30/2014)

July 30, 2014

July 30, 2014

35

Unopposed MOTION to Stay Scheduling Order by Nancy T. Buckner. (Brooks, Felicia) Modified on 8/14/2014 (tot). (Entered: 08/13/2014)

Aug. 13, 2014

Aug. 13, 2014

MOTIONS REFERRED: 35 Unopposed MOTION to Stay Scheduling Order referred to Judge Katherine P. Nelson. (tot) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

36

ENDORSED ORDER granting 35 motion to stay scheduling order obligations as to Defendant Nancy Buckner. Although Defendant Buckner's motion to dismiss remains pending, plaintiffs have agreed to voluntarily dismiss all claims against her; the undersigned has, accordingly, recommended that her motion to dismiss be granted; and no timely objections have been filed regarding that recommendation. Should the Court not adopt the report and recommendation, to the extent the claims against Defendant Buckner are not dismissed, she is ordered to provide Rule 26(a)(1) initial disclosures within 7 days of the Court's final order as to her motion to dismiss. Signed by Magistrate Judge Katherine P. Nelson on 8/14/2014. (tmm) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

37

MOTION for Disclosure Initial Disclosure by Kimberly McKeand, Cari D. Searcy. (Kennedy, David) (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

38

MOTION for Extension of Time to File Expert Disclosures by Kimberly McKeand, Cari D. Searcy. (Kennedy, David) (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

39

ENDORSED ORDER finding as moot 37 Plaintiffs' motion for disclosure (which is not a motion, but simply Plaintiffs' Rule 26(a)(1) initial disclosures); and granting 38 unopposed motion to extend the deadline to disclose expert testimony. All deadlines as to expert testimony in paragraph 4 of the Rule 16(b) scheduling order are extended by one week; accordingly, Rule 26(a)(2)(B) and (C) expert testimony shall be disclosed by Plaintiffs no later than 8/22/2014 and by Defendants no later than 9/22/2014. Signed by Magistrate Judge Katherine P. Nelson on 8/15/2014. (tmm) (Entered: 08/15/2014)

Aug. 15, 2014

Aug. 15, 2014

41

Notice of Filing Expert Disclosure filed by Kimberly McKeand, Cari D. Searcy. (Kennedy, David) (Entered: 08/22/2014)

Aug. 22, 2014

Aug. 22, 2014

MOTIONS REFERRED: 21 MOTION for Summary Judgment Referred to Judge Callie V. S. Granade. (see doc. 25) (srr) (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

43

Order re: 21 MOTION for Summary Judgment setting response time as follows:Response to S/J due by 9/18/2014; Replies to Response to S/J due by 10/2/2014. Motion to be taken under submission on 10/3/2014. The court will allow Plfs' brief to exceed the page limitation by 5 pages as set out. Counsel for Dft may exceed the page limitation in his responsive brief by 5 pages. Signed by Judge Callie V. S. Granade on 8/28/2014. (tot) (Entered: 08/28/2014)

Aug. 28, 2014

Aug. 28, 2014

44

Joint MOTION to Amend Scheduling Order 43 Order on Summary Judgment (Response Time), and to Amend the Deadlines for Disclosure of Expert Witnesses by Luther Strange. (Davis, James) (Entered: 09/04/2014)

Sept. 4, 2014

Sept. 4, 2014

45

Endorsed Order GRANTING parties' 44 Joint MOTION to Amend Summary Judgment Briefing Schedule and to Amend Deadlines for Disclosure of Expert Witnesses. Plfs shall submit any amended expert report to Dft by 9/17/14. Dft shall disclose experts to Plfs by 10/17/14. Dft shall file a response to Plfs' 21 Motion for Summary Judgment by 10/17/2014. Any cross−motion for summary judgment should be filed by Dft by 10/17/2014. Plfs shall file a reply brief addressing both Plfs' motion & Dft's motion by 10/31/2014. Dft shall file a surreply addressing both motions by 11/14/2014. Signed by Judge Callie V. S. Granade on 9/5/2014. (tot) (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

46

NOTICE of Endorsement by Cari D. Searcy, Kimberly McKeand re Doc. 44 (Hernandez, Christine) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

47

MOTION for Summary Judgment by Luther Strange. (Davis, James) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

48

Memorandum in Support of 47 MOTION for Summary Judgment & Opposition to 21 MOTION for Summary Judgment filed by Luther Strange. (Attachments: # 1 Exhibit A − Baker v. Nelson, Jurisdictional Statement No. 71−1027 (Oct. Term 1972), # 2 Exhibit B − What About the Children? Liberal Cautions on Same−Sex Marriage,) (Davis, James) Modified on 10/20/2014 (tot). (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

49

NOTICE of Filing Exhibits referenced in Defendant's Motion for Summary Judgment by Luther Strange re: 47 MOTION for Summary Judgment , 48 Memorandum in Support, filed by Luther Strange. (Attachments: # 1 Exhibit B − Attorney General Opinion 83−206, # 2 Exhibit C − Voting results for referendum adopting Ala. Const. (1901) Art. I, Section 36.03) (Davis, James) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

50

NOTICE of Filing Proposed Order by Luther Strange Notice of Filing of Proposed Order and Proposed Findings of Facts and Conclusions of Law (Davis, James) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

51

RESPONSE in Opposition to 47 MOTION for Summary Judgment and REPLY in support of 21 MOTION for Summary Judgment, filed by Kimberly McKeand, Cari D. Searcy. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Kennedy, David) (Entered: 10/31/2014)

Oct. 31, 2014

Oct. 31, 2014

52

SUR−REPLY in Support of 47 MOTION for Summary Judgment, and in Opposition to the Plaintiffs' 21 Motion for Summary Judgment filed by Luther Strange. (Attachments: # 1 Exhibit A − Declaration of Loren Marks, Ph.D.) (Davis, James) (Entered: 11/13/2014)

Nov. 13, 2014

Nov. 13, 2014

REFERRAL OF 21 MOTION for Summary Judgment, and 22 Brief in Support; and 47 MOTION for Summary Judgment, 48 Memorandum in Support, 51 Response in Opposition to Motion, 50 Notice of filing Proposed Order, 49 Notice of Filing Exhibits, 52 Sur−Reply in Support of 47 M/SJ and in Opposition to 21 M/SJ to Judge Callie V. S. Granade. (mab) (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

55

MOTION to Stay re 54 Judgment, 53 Order on Motion for Summary Judgment,,, by Luther Strange. (Davis, James) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

57

NOTICE of Appearance by Andrew L. Brasher on behalf of Luther Strange (Brasher, Andrew) (Entered: 01/25/2015)

Jan. 25, 2015

Jan. 25, 2015

58

MOTION for Leave to Appear Amicus Curiae by Alabama Probate Judges Association, Judge Greg Norris, President. (Ryals, Joseph) (Entered: 01/25/2015)

Jan. 25, 2015

Jan. 25, 2015

60

NOTICE OF APPEAL as to 54 Judgment, 53 Order on Motion for Summary Judgment,,, by Luther Strange. (Brasher, Andrew) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

61

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 60 Notice of Appeal, 59 Order on Motion to Stay, 54 Judgment, 53 Order on Motion for Summary Judgment, Judge Appealed:,Granade Court Reporter: No Hearings, Fee Paid: Pending (e−mailed to USCA) (jal) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

REFERRAL OF 58 MOTION for Leave to Appear Amicus Curiae to Judge Granade. (tot) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

62

NOTICE of Docketing Record on Appeal from USCA re 60 Notice of Appeal filed by Luther Strange. USCA Case Number 15−10295 (jal) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

63

USCA Appeal Fees received $ 505 receipt number 33953 re 60 Notice of Appeal filed by Luther Strange ; USCA Case Number 15−10295 (jal) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

64

ENDORSED ORDER, GRANTING 58 Motion of Alabama Probate Judges Association for Leave to Appear as Amicus Curiae in Support of Motion for Entry of Stay of Order Entered January 23, 2015 (Doc. 53 ). Signed by Judge Callie V. S. Granade on 1/28/2015. (mab) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

MOTIONS REFERRED: 56 Plaintiffs' MOTION for Clarification Referred to Judge Callie V. S. Granade. (mab) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

65

ORDER, GRANTING 56 Request for Clarification contained in 56 Objection and Response, and clarifying judgment as set forth in Order. Signed by Judge Callie V. S. Granade on 1/28/2015. (mab) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

66

TRANSCRIPT INFORMATION FORM filed by Luther Strange re: 60 Notice of Appeal. (Davis, James) (Entered: 01/29/2015)

Jan. 29, 2015

Jan. 29, 2015

67

MOTION to Lift Stay by Kimberly McKeand, Cari D. Searcy. (Kennedy, David) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

REFERRAL OF 67 MOTION to Lift Stay to Judge Granade. (tot) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

68

RESPONSE in Opposition re 67 MOTION to Lift Stay filed by Luther Strange. (Davis, James) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

REFERRAL OF 68 Response in Opposition to Motion to Lift Stay to Judge Granade. (tot) Modified on 2/3/2015 (tot). (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

70

ORDER of USCA as to 60 Notice of Appeal filed by Luther Strange, USCA consolidate the appeals 15−10295 and 15−10313. Motion of the Alabama Probate Judges Association and Robert J. Bentley, Governor of Alabama, "for Leave to Appear as Amicus Curiae in Support of Motions of Attorney General Luther Strange for Stay" are Granted, The Attorney General of the State of Alabama's Motions for stay pending appeal are DENIED. (jal) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

REFERRAL OF 71 MOTION for Contempt & Request for Immediate Relief to Judge Granade. (tot) (Entered: 02/09/2015)

Feb. 9, 2015

Feb. 9, 2015

73

MOTION for Extension of Time to file Petition for Attorneys fees and costs by Kimberly McKeand, Cari D. Searcy. (Kennedy, David) (Entered: 02/11/2015)

Feb. 11, 2015

Feb. 11, 2015

74

ENDORSED ORDER granting 73 Motion to Extend Deadline to Petition for Attorneys' Fees and Costs. Signed by Judge Callie V. S. Granade on 2/12/2015. (tot) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

75

ORDER (MANDATE): In light of the United States Supreme Court's decision in Obergefell v. Hodges, we hereby SUMMARILY AFFIRM the January 23, 2015, order and final judgment that are the subject of appeal. no. 15−10295. In appeal no. 15−10295, the "Motion to Transfer Consideration of Attorneys' Fees and Costs on Appeal to the District Court" is GRANTED. In appeal no. 15−10313, we construe Appellant's July 17, 2015, "Response to this Court's Order of February 4, 2015" as a voluntary motion to dismiss appeal no. 15−10313 without prejudice. The construed motion to dismiss the appeal without prejudice is GRANTED. Any questions of mootness and attorneys' fees should be addressed by the district court in the first instance subject to final judgment appeal. [15−10295, 15−10313, MANDATE of USCA re: 60 Notice of Appeal filed by Luther Strange, Mandate issued 8/20/15 ; USCA Case Number 15−10295−CC (jal) (Entered: 08/20/2015)

Aug. 20, 2015

Aug. 20, 2015

Appeal Remark re 60 Notice of Appeal : USCA Case Number 15−12508, 15−90014, The Appeal will remain open pending these additional appeals. (jal) (Entered: 08/20/2015)

Aug. 20, 2015

Aug. 20, 2015

76

MOTION for Attorney Fees by Kimberly McKeand, Cari D. Searcy. (Attachments: # 1 Brief in support of fees, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F) (Kennedy, David) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

REFERRAL OF 76 MOTION for Attorney Fees to Judge Granade. (tot) (Entered: 08/31/2015)

Aug. 31, 2015

Aug. 31, 2015

77

Order re: Plf's 76 MOTION for Reasonable Attorney Fees. Any response in opposition should be filed on or before 10/14/2015. Plfs may file a reply NLT 10/21/2015. Signed by Judge Callie V. S. Granade on 9/30/2015. (tot) (Entered: 10/01/2015)

Sept. 30, 2015

Sept. 30, 2015

78

Unopposed MOTION to Continue Briefing Schedule for Seven Days by Luther Strange. (Davis, James) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

REFERRAL OF 78 Unopposed MOTION to Continue Briefing Schedule for Seven Days to Judge Granade. (tot) (Entered: 10/09/2015)

Oct. 9, 2015

Oct. 9, 2015

79

ENDORSED ORDER, GRANTING 78 Unopposed MOTION to Continue Briefing Schedule for Seven Days . Response to 76 Plaintiffs' Motion for Reasonable Attorneys Fees and Expenses due by 10/21/2015. Reply due by 10/28/2015. Signed by Judge Callie V. S. Granade on 10/13/2015. (mab) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

80

RESPONSE to Motion re: 76 MOTION for Attorney Fees filed by Luther Strange. (Attachments: # 1 Exhibit A − List of Hour Reductions by date, # 2 Exhibit B − List of Hour Reductions by category) (Davis, James) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

REFERRAL OF 80 Response to Motion for Attorneys' Fees to Judge Granade. (tot) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

81

REPLY Brief filed by Plaintiffs Kimberly McKeand, Cari D. Searcy re: 77 Order Setting Motion Deadline/Hearing, 80 Response to Motion Motion for Reasonable Attorneys Fee and Costs filed by Kimberly McKeand, Cari D. Searcy. (Kennedy, David) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

83

Response to Court's Order Requesting Expense Detail, by Cari D. Searcy. (Attachments: # 1 Exhibit) (Hernandez, Christine) Modified on 6/10/2016 (mab). (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

REFERRAL OF 83 Response to Court's 82 Order Requesting Expense Detail to Senior Judge Granade. (mab) (Entered: 06/10/2016)

June 10, 2016

June 10, 2016

84

RESPONSE to 83 Bill of Costs filed by Luther Strange. (Davis, James) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

REFERRAL OF 84 Response to Plf's Brief Regarding Plf's Bill of Costs to Judge Granade. (tot) (Entered: 06/20/2016)

June 20, 2016

June 20, 2016

85

Order GRANTING in part & DENYING in part Plf's 76 83 MOTION for Costs to the extent that Plfs are awarded $500.98 in costs as set out. Signed by Senior Judge Callie V. S. Granade on 6/28/2016. (tot)

June 28, 2016

June 28, 2016

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: May 7, 2014

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A same-sex couple from Alabama, but married in California, brought suit against the state in order to challenge Alabama's ban on same-sex marriage after one half of the couple was denied step-parent adoption.

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 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

Full faith and credit

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: 126,707.64

Order Duration: 2015 - None

Content of Injunction:

Discrimination Prohibition

Preliminary relief denied

Issues

General:

Adoption

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male