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Case: Gerber v. Cooper

1:14-cv-00299 | U.S. District Court for the Middle District of North Carolina

Filed Date: April 9, 2014

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On April 9, 2014, several same-sex couples residing in North Carolina filed a lawsuit in the U.S. District Court for the Middle District of North Carolina under 42 U.S.C. § 1983 against the state of North Carolina. The plaintiffs, represented by the American Civil Liberties Union (ACLU) and private counsel, asked the court to declare that North Carolina's ban on same-sex is unconstitutional, declare North Carolina laws prohibiting joint adoption by same-sex couples are also unconstitutional, e…

On April 9, 2014, several same-sex couples residing in North Carolina filed a lawsuit in the U.S. District Court for the Middle District of North Carolina under 42 U.S.C. § 1983 against the state of North Carolina. The plaintiffs, represented by the American Civil Liberties Union (ACLU) and private counsel, asked the court to declare that North Carolina's ban on same-sex is unconstitutional, declare North Carolina laws prohibiting joint adoption by same-sex couples are also unconstitutional, enjoin the state from enforcing any of its laws banning same-sex marriage, direct the state to recognize same-sex marriages entered into in other states, and award the plaintiffs costs of suit and reasonable attorney's fees.

The plaintiffs alleged that their rights under the Due Process Clause and Equal Protection Clause were violated by North Carolina's laws banning same-sex marriage. They also claimed that the laws interfered with the structure of their families because same-sex couples could not participate in second parent adoption.

On June 2, 2014, the Court (Magistrate Judge Joi Elizabeth Peake) granted a petition that allowed one of the plaintiffs to prosecute this civil action on behalf of her minor child. That same day, the Court stayed further proceedings in this case pending a ruling by the Court of Appeals for the Fourth Circuit in Bostic v. Schaefer, which also challenged a state's ban on same-sex marriage. On June 24, 2014, this case was reassigned to Chief Judge William L. Osteen.

The Fourth Circuit's July 28, 2014 ruling in Bostic held that the Virginia Marriage Laws violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the extent that they prevent same-sex couples from marrying and prohibit Virginia from recognizing same-sex couples' lawful out-of-state marriages. 760 F.3d 352 (4th Cir. 2014). On August 27, 2014, the proceedings in this case were further stayed pending the determination of the Supreme Court whether to grant a petition for writ of certiorari in Bostic.

After the Supreme Court denied certiorari review in Bostic, Judge Osteen issued an order on October 6, 2014, finding that it appeared the plaintiffs were entitled to an order granting the pending motions for preliminary injunction in light of the Fourth Circuit's mandate, but that at least two issues remained for the court's resolution: (i) what further action by the court was necessary with respect to those issues arguably

resolved by Bostic, and (ii) resolution of the adoption laws at issue in the case. On October 8, 2014, Judge Osteen lifted the stay in the case and denied all prior pending motions, except the motion for preliminary injunction, as moot. The order also dismissed the North Carolina Attorney General as a defendant and allowed the State of North Carolina to intervene. The plaintiffs filed a motion for judgment on the pleadings that same day.

The Speaker of the North Carolina House of Representatives and the President Pro Tempore of the North Carolina Senate filed motions to intervene. On October 14, 2014, Judge Osteen permitted their intervention, noting that it would preserve their right to appeal, but overruled their objections to the court's jurisdiction and to the application of Bostic.

In an October 14, 2014 order, the court declared North Carolina Const. art. XIV,

§ 6, N.C. Gen. Stat. § 51-1, and N.C. Gen. Stat. § 51-1.2 unconstitutional to the extent that those laws prevent same-sex couples from marrying and prohibit the State of North Carolina from recognizing same-sex couples’ lawful out-of-state marriages. 14 F. Supp. 3d 695 (M.D. NC 2014). The order enjoined the State of North Carolina and its officers, agents, and employees from implementing or enforcing any of the above-mentioned provisions. The plaintiffs' claims concerning North Carolina's adoption laws, as well as the pending motion for preliminary injunction, were dismissed without prejudice as moot.

Speaker of the NC House of Representatives and President Tempore of the NC Senate, intervenors in this action, appealed the order on November 6, 2014. The plaintiffs filed a notice of cross-appeal on November 14, 2014, seeking dismissal of the legislative intervenors' appeal by appealing the order granting the motion for intervention.

On December 4, 2015, the cross appeals were consolidated before the Fourth Circuit. On February 10, 2015, the Fourth Circuit placed the case in abeyance pending the US Supreme Court's decision in Obergefell v. Hodges. On June 26, 2015, the Supreme Court's Obergefell decision held that state bans on same-sex marriage violate the 14th Amendment. The Supreme Court denied the intervenors' petition for a writ of certiorari, resulting in a mandate from the Fourth Circuit on August 12, 2015. This denial left intact the judgment in the plaintiffs' favor of October 8, 2014, rendering the plaintiffs the prevailing party for purposes of recovering attorney's fees under 42 U.S.C. § 1988.

The plaintiffs filed a motion for attorney's fees on October 13, 2015. The plaintiffs reached a settlement agreement with the legislative intervenors for $44,501.36 on October 21, 2015. Though certain administrative errors prolonged the resolution of the remaining fees, the court granted the plaintiffs' motions for attorney's fees and costs against the defendants on July 25, 2018 in the amount of $169,656.25. As of August 9, 2018, it does not appear that either party filed an objection to this order during the 10-day stay on the attorney's fees for the filing of objections, and it does not seem that there are any further matters to be resolved in this case.

Summary Authors

Megan Dolan (7/2/2014)

Sarah McDonald (8/8/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5074115/parties/gerber-v-cooper/


Judge(s)

Osteen, William Lindsay Jr. (North Carolina)

Peake, Joi Elizabeth (North Carolina)

Attorneys(s) for Plaintiff

Beeney , Garrard R (New York)

Brook, Christopher (North Carolina)

Castleman, David A (New York)

Falcone, Jeremy M (North Carolina)

Gill, Elizabeth O. (California)

Kleysteuber, William R. A. (New York)

O'Donnell, Patrick P. (District of Columbia)

Richardson, Amy E. (North Carolina)

Judge(s)

Osteen, William Lindsay Jr. (North Carolina)

Peake, Joi Elizabeth (North Carolina)

Attorneys(s) for Plaintiff

Beeney , Garrard R (New York)

Brook, Christopher (North Carolina)

Castleman, David A (New York)

Falcone, Jeremy M (North Carolina)

Gill, Elizabeth O. (California)

Kleysteuber, William R. A. (New York)

O'Donnell, Patrick P. (District of Columbia)

Richardson, Amy E. (North Carolina)

Sasser, Jonathan D (North Carolina)

Saxe, Rose A. (New York)

Attorneys(s) for Defendant

Barnett, Michael J. (North Carolina)

Hood, David Wallace (North Carolina)

Payne, John Mark (North Carolina)

Potter, Robert Daniel (North Carolina)

Vanderhulst, Joseph A. (Indiana)

Vysotskaya de Brito, Olga Eugenia (North Carolina)

Other Attorney(s)

Eastman, John C. (California)

Johnson, Noel H. (Indiana)

Expert/Monitor/Master

Whitehead, Charles Gibson (North Carolina)

Documents in the Clearinghouse

Document

1:14-cv-00299

Docket [PACER]

July 25, 2018

July 25, 2018

Docket
1

1:14-cv-00299

Complaint

April 9, 2014

April 9, 2014

Complaint
49

1:14-cv-00299

Recommendation of United States Magistrate Judge

June 2, 2014

June 2, 2014

Order/Opinion
63

1:14-cv-00299

Order

Aug. 27, 2014

Aug. 27, 2014

Order/Opinion
71

1:14-cv-00299

Order

Oct. 6, 2014

Oct. 6, 2014

Order/Opinion
66

1:14-cv-00589

Order

Oct. 6, 2014

Oct. 6, 2014

Order/Opinion
90

1:14-cv-00299

Order

Oct. 14, 2014

Oct. 14, 2014

Order/Opinion
91

1:14-cv-00299

Order

Oct. 14, 2014

Oct. 14, 2014

Order/Opinion
110

1:14-cv-00299

Notice of Stipulation and Settlement Agreement as to Costs, Attorney's Fees and Costs

Oct. 21, 2015

Oct. 21, 2015

Settlement Agreement
125

1:14-cv-00299

Memorandum Opinion and Order

July 25, 2018

July 25, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5074115/gerber-v-cooper/

Last updated Nov. 21, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-1491388.), filed by Christina Ginter-Mejia, Lyn McCoy, Pearl Berlin, Jane Blackburn, Ellen W Gerber, Esmeralda Mejia.(SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
2

Motion for Guardian Ad Litem re 1 Complaint filed by Plaintiffs Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia. (Attachments: # 1 Text of Proposed Order)(SASSER, JONATHAN) Modified on 6/2/2014 to correct event used (Garrett, Kim). (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
3

MOTION for Preliminary Injunction by Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia. Responses due by 5/5/2014 (SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
4

BRIEF re 3 MOTION for Preliminary Injunction by Plaintiffs Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia filed by Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia. (SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
5

AFFIDAVIT in Support re 3 MOTION for Preliminary Injunction filed by Ellen W Gerber. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
6

AFFIDAVIT in Support re 3 MOTION for Preliminary Injunction filed by Pearl Berlin. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
7

AFFIDAVIT in Support re 3 MOTION for Preliminary Injunction filed by Lyn McCoy. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
8

AFFIDAVIT in Support re 3 MOTION for Preliminary Injunction filed by Jane Blackburn. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
9

AFFIDAVIT in Support re 3 MOTION for Preliminary Injunction filed by Esmeralda Mejia. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
10

AFFIDAVIT in Support re 3 MOTION for Preliminary Injunction filed by Christina Ginter-Mejia. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
11

MOTION to Expedite by Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia. (Attachments: # 1 Text of Proposed Order)(SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
12

BRIEF re 11 MOTION to Expedite by Plaintiffs Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia filed by Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia. (SASSER, JONATHAN) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER
13

NOTICE of Appearance by attorney JEREMY M. FALCONE on behalf of Plaintiffs Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia (FALCONE, JEREMY) (Entered: 04/09/2014)

April 9, 2014

April 9, 2014

PACER

CASE REFERRED to Standing Order 30 (Powell, Gloria)

April 9, 2014

April 9, 2014

PACER

Motion Referred: re: 11 MOTION to Expedite, to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly)

April 9, 2014

April 9, 2014

PACER
14

Summons Issued as to AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH, DONNA HICKS SPENCER, JEFF THIGPEN. (Attachments: # 1 Summons to Jeff Thigpen, # 2 Summons to Donna Hicks Spencer, # 3 Summons to John W. Smith, # 4 Summons to Al Jean Bogle) (Garland, Leah) (Entered: 04/10/2014)

April 10, 2014

April 10, 2014

PACER
15

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Garland, Leah) (Entered: 04/10/2014)

April 10, 2014

April 10, 2014

PACER

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Garland, Leah)

April 10, 2014

April 10, 2014

PACER
16

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/11/2014, that Plaintiffs' Motion to Expedite Briefing (doc. 11 ) is GRANTED IN PART to the extent that Defendants' response to Plaintiffs' Motion for Preliminary Injunction must be filed on or before April 28, 2014, and Plaintiffs' reply must be filed on or before May 5, 2014. As noted above, the briefs should specifically address whether consideration of Plaintiffs' Motion for Preliminary Injunction should be stayed pending the Fourth Circuit's decision in Bostic v. Schaefer, Case No. 14-1167 (4th Cir. 2014). (Lloyd, Donna) (Entered: 04/11/2014)

April 11, 2014

April 11, 2014

PACER

Reset Response Deadline as to 3 MOTION FOR PRELIMINARY INJUNCTION: Responses due by 4/28/2014. (See 16 Order for Court's ruling.) (Lloyd, Donna)

April 11, 2014

April 11, 2014

PACER
17

NOTICE of Appearance by attorney CHRISTOPHER A. BROOK on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA (BROOK, CHRISTOPHER) (Entered: 04/14/2014)

April 14, 2014

April 14, 2014

PACER
18

ACCEPTANCE OF SERVICE of summons and complaint by counsel on behalf of ROY COOPER and JOHN W. SMITH on 04/15/2014. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER
19

NOTICE of Appearance by attorney OLGA E. VYSOTSKAYA DE BRITO on behalf of Defendants ROY COOPER, JOHN W. SMITH. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 04/15/2014)

April 15, 2014

April 15, 2014

PACER

Answer as to ROY COOPER due 5/6/2014; Answer as to JOHN W. SMITH due 5/6/2014. (Lloyd, Donna)

April 15, 2014

April 15, 2014

PACER
20

NOTICE of Appearance by attorney JOHN MARK PAYNE on behalf of Defendant JEFF THIGPEN (PAYNE, JOHN) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
21

NOTICE of Appearance by attorney CHARLES GIBSON WHITEHEAD on behalf of Defendant ROY COOPER (WHITEHEAD, CHARLES) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
22

NOTICE of Appearance by attorney CHARLES GIBSON WHITEHEAD on behalf of Defendant JOHN W. SMITH (WHITEHEAD, CHARLES) (Entered: 04/16/2014)

April 16, 2014

April 16, 2014

PACER
23

MOTION TO STAY PROCEEDINGS - EXPEDITED REVIEW REQUESTED by ROY COOPER, JOHN W. SMITH. Responses due by 5/12/2014. (VYSOTSKAYA DE BRITO, OLGA) Modified on 4/18/2014 to edit text. (Lloyd, Donna) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
24

BRIEF IN SUPPORT OF 23 MOTION TO STAY PROCEEDINGS - EXPEDITED REVIEW REQUESTED. (VYSOTSKAYA DE BRITO, OLGA) Modified on 4/18/2014 to edit text. (Lloyd, Donna) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
25

Additional Attachment to 24 BRIEF IN SUPPORT OF 23 MOTION TO STAY PROCEEDINGS - EXPEDITED REVIEW REQUESTED. (VYSOTSKAYA DE BRITO, OLGA) Modified on 4/18/2014 to edit text. (Lloyd, Donna) (Entered: 04/17/2014)

April 17, 2014

April 17, 2014

PACER
26

NOTICE of Appearance by attorney AMY E. RICHARDSON on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (RICHARDSON, AMY) (Entered: 04/21/2014)

April 21, 2014

April 21, 2014

PACER

Telephone Notice on 4/23/2014 to Counsel for Defendant Olga DeBrito re: submission of a proposed order for 23 Motion to Stay Proceedings. (Williamson, Wanda)

April 23, 2014

April 23, 2014

PACER
27

NOTICE of Appearance by attorney OLGA E. VYSOTSKAYA DE BRITO on behalf of Defendant AL JEAN BOGLE (VYSOTSKAYA DE BRITO, OLGA) (Entered: 04/24/2014)

April 24, 2014

April 24, 2014

PACER

Motion Referred: re: 23 MOTION to Stay (Expedited Review Requested) to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly)

April 24, 2014

April 24, 2014

PACER
28

NOTICE of Appearance by attorney DAVID WALLACE HOOD on behalf of Defendant DONNA HICKS SPENCER. (HOOD, DAVID) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER
29

NOTICE of Appearance by attorney MICHAEL J. BARNETT on behalf of Defendant DONNA HICKS SPENCER. (BARNETT, MICHAEL) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER
30

MOTION to Stay Proceedings by DONNA HICKS SPENCER. Responses due by 5/19/2014. (HOOD, DAVID) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER
31

BRIEF IN SUPPORT OF 30 MOTION to Stay Proceedings by filed by DONNA HICKS SPENCER. (HOOD, DAVID) (Entered: 04/25/2014)

April 25, 2014

April 25, 2014

PACER

TEXT ORDER by MAG/JUDGE JOI ELIZABETH PEAKE on 04/25/14. The Court will consider the State Defendants' 23 Motion to Stay Proceedings after the Plaintiffs have had an opportunity to respond and the matter has been fully briefed.(Garrett, Kim)

April 25, 2014

April 25, 2014

PACER
32

RESPONSE in Opposition to 3 MOTION for Preliminary Injunction filed by DONNA HICKS SPENCER. Replies due by 5/5/2014. (HOOD, DAVID) Modified on 4/29/2014 to correct reply deadline. See 16 Order. (Lloyd, Donna) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER
33

RESPONSE in Opposition to 3 MOTION for Preliminary Injunction filed by AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH. Replies due by 5/5/2014. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 04/28/2014)

April 28, 2014

April 28, 2014

PACER

Reset Reply Deadline to 32 RESPONSE to 3 MOTION for Preliminary Injunction: Replies due by 5/5/2014. (See 16 Order.) (Lloyd, Donna)

April 29, 2014

April 29, 2014

PACER
34

MOTION for Extension of Time to File Answer by JEFF THIGPEN. (Attachments: # 1 Text of Proposed Order)(PAYNE, JOHN) (Entered: 05/02/2014)

May 2, 2014

May 2, 2014

PACER

ORDER granting 34 Motion for Extension of Time to Answer for JEFF THIGPEN. Answer due by 6/2/2014. Signed by John Brubaker, Clerk of Court, on 5/2/2014. (Brubaker, John)

May 2, 2014

May 2, 2014

PACER
35

NOTICE of Change of Address by AMY E. RICHARDSON (RICHARDSON, AMY) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
36

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' 3 MOTION FOR PRELIMINARY INJUNCTION AND IN OPPOSITION TO DEFENDANTS' 23 MOTION TO STAY filed by PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (RICHARDSON, AMY) Modified on 5/7/2014 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 05/05/2014)

May 5, 2014

May 5, 2014

PACER
37

STATE DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' 1 COMPLAINT filed by AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH. Responses due by 5/30/2014. (VYSOTSKAYA DE BRITO, OLGA) Modified on 5/7/2014 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
38

STATE DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF 37 MOTION TO DISMISS PLAINTIFFS' 1 COMPLAINT. (VYSOTSKAYA DE BRITO, OLGA) Modified on 5/7/2014 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 05/06/2014)

May 6, 2014

May 6, 2014

PACER
39

Suggestion of Subsequently Decided Authority by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (Attachments: # 1 Exhibit 1 - Baskin v. Bogan)(RICHARDSON, AMY) Modified on 5/9/2014 to remove duplicate text. (Lloyd, Donna) (Entered: 05/08/2014)

May 8, 2014

May 8, 2014

PACER
40

NOTICE of Appearance by attorney GARRARD R. BEENEY on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA (BEENEY, GARRARD) (Entered: 05/12/2014)

May 12, 2014

May 12, 2014

PACER
41

Notice to Parties RE: SO30. Responses due by 6/23/2014 (Winchester, Robin) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

PACER
42

Suggestion of Subsequently Decided Authority re 36 Memorandum by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (Attachments: # 1 Exhibit 1- Evans v. Utah) (RICHARDSON, AMY) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

PACER
43

Suggestion of Subsequently Decided Authority re 36 Memorandum by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (Attachments: # 1 Exhibit 1- Gieger v. Kitzhaber) (RICHARDSON, AMY) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

PACER
44

Suggestion of Subsequently Decided Authority re 36 Memorandum by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (Attachments: # 1 Exhibit 1- Whitewood v. Kitzhaber) (RICHARDSON, AMY) (Entered: 05/21/2014)

May 21, 2014

May 21, 2014

PACER
45

REPLY to 36 RESPONSE IN OPPOSITION TO 23 MOTION TO STAY PROCEEDINGS filed by AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH. (Attachments: # 1 Exhibit A - McCrory v. State, # 2 Exhibit B - Latta v. Otter) (VYSOTSKAYA DE BRITO, OLGA) Modified on 5/27/2014 to edit text. (Lloyd, Donna) (Entered: 05/22/2014)

May 22, 2014

May 22, 2014

PACER

Motions Referred: re: 3 MOTION for Preliminary Injunction, 23 MOTION to Stay Expedited Review Requested to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly)

May 23, 2014

May 23, 2014

PACER
46

NOTICE of Appearance by attorney WILLIAM R. A. KLEYSTEUBER on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (KLEYSTEUBER, WILLIAM) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
47

NOTICE of Appearance by attorney DAVID A. CASTLEMAN on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (CASTLEMAN, DAVID) (Entered: 05/27/2014)

May 27, 2014

May 27, 2014

PACER
48

ANSWER to 1 Complaint by JEFF THIGPEN. (PAYNE, JOHN) (Entered: 05/30/2014)

May 30, 2014

May 30, 2014

PACER
49

RECOMMENDATION signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/2/2014, that the Motions to Stay [Doc. # 23, # 30 ] be GRANTED, that all proceedings in this case, including consideration of Defendants' pending Motion to Dismiss and Plaintiffs' Motion for Preliminary Injunction, be stayed pending the Fourth Circuit's decision in Bostic v. Schaefer, Case No. 14-1167 (4th Cir. 2014), and that the parties be directed to notify the Court in writing of their position on the course of future proceedings within 10 days following issuance of a decision by the Court of Appeals for the Fourth Circuit in Bostic. (Butler, Carol) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

RECAP
50

Notice of Mailing Recommendation. Objections to R&R due by 6/19/2014. (Butler, Carol) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER
51

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/2/2014, that the Petition [Doc. # 2 ] is GRANTED to the extent that Christina Ginter-Mejia is authorized to prosecute this civil action on behalf of minor J. G.-M. (Butler, Carol) (Entered: 06/02/2014)

June 2, 2014

June 2, 2014

PACER

Motions Referred: RE: 2 MOTION for Guardian Ad Litem to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)

June 2, 2014

June 2, 2014

PACER
52

OBJECTION TO 49 RECOMMENDED RULING - MAGISTRATE JUDGE filed by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. Response to Objections to R&R due by 6/30/2014. (RICHARDSON, AMY) Modified on 6/16/2014 to edit text. (Lloyd, Donna) (Entered: 06/13/2014)

June 13, 2014

June 13, 2014

PACER
53

ANSWER to 1 Complaint entitled "DEFENDANT CATAWBA COUNTY REGISTER OF DEEDS' ANSWER AND AFFIRMATIVE DEFENSES" filed by DONNA HICKS SPENCER. (HOOD, DAVID) Modified on 6/16/2014 to edit text. (Lloyd, Donna) (Entered: 06/16/2014)

June 16, 2014

June 16, 2014

PACER

Case Reassigned to CHIEF JUDGE WILLIAM L. OSTEEN JR. UNASSIGNED no longer assigned to the case. (Powell, Gloria)

June 24, 2014

June 24, 2014

PACER
54

RESPONSE TO 49 OBJECTION to 52 RECOMMENDATION filed by AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 06/30/2014)

June 30, 2014

June 30, 2014

PACER

CASE REFERRED re: 49 RECOMMENDED RULING - MAGISTRATE JUDGE to CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly)

July 10, 2014

July 10, 2014

PACER
55

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 7/30/2014, that: (1) The parties shall file briefs within fourteen (14) days of the date of this Order stating their respective positions on the course of future proceedings in this action; (2) The briefs shall further address the extent to which Bostic v. Schaefer, Nos. 14-1167, 14-1169, 14-1173, ____ F.3d ____, 2014 WL 3702493 (4th Cir. 2014), applies or does not apply to the challenged North Carolina constitutional and statutory provisions; (3) Each party's brief shall be limited to fifteen (15) pages although two or more parties may file a joint brief (also limited to fifteen (15) pages); (4) No response briefing pursuant to this Order is required or permitted; and (5) This Order shall not affect any pending deadlines in this action. (Butler, Carol) (Entered: 07/30/2014)

July 30, 2014

July 30, 2014

PACER
56

BRIEF re 55 Order, of Defendant Catawba County Register of Deeds' Brief Stating Her Position on the Course of Future Proceedings Following the Decision of the Court of Appeals for the Fourth Circuit in BOSTIC v. SCHAEFER filed by DONNA HICKS SPENCER. (HOOD, DAVID) (Entered: 08/06/2014)

Aug. 6, 2014

Aug. 6, 2014

PACER
57

State Defendants' BRIEF re 55 Order, . (VYSOTSKAYA DE BRITO, OLGA) (Entered: 08/13/2014)

Aug. 13, 2014

Aug. 13, 2014

PACER
58

RESPONSE re 55 Order, of July 30, 2014 filed by PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. Replies due by 9/2/2014. (RICHARDSON, AMY) (Entered: 08/13/2014)

Aug. 13, 2014

Aug. 13, 2014

PACER
59

BRIEF entitled "DEFENDANT JEFF THIGPEN'S BRIEF ON THE GUILFORD COUNTY REGISTER OF DEED'S POSITION ON THE COURSE OF FUTURE PROCEEDINGS FOLLOWING THE DECISION OF THE COURT OF APPEALS FOR THE FOURTH CIRCUIT IN BOSTIC v. SCHAEFER" filed by JEFF THIGPEN. (PAYNE, JOHN) (Entered: 08/13/2014)

Aug. 13, 2014

Aug. 13, 2014

PACER
60

NOTICE of Intent to File Dispositive Motions by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA (RICHARDSON, AMY) (Entered: 08/14/2014)

Aug. 14, 2014

Aug. 14, 2014

PACER
61

NOTICE of Appearance by attorney ROSE A. SAXE on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA (SAXE, ROSE) (Entered: 08/25/2014)

Aug. 25, 2014

Aug. 25, 2014

RECAP
62

NOTICE of Appearance by attorney ELIZABETH O. GILL on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA (GILL, ELIZABETH) (Entered: 08/26/2014)

Aug. 26, 2014

Aug. 26, 2014

PACER
63

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 8/27/2014. This court has conducted a de novo review of the matters to which objections were made and finds that the Recommendations should be adopted and these matters stayed. In light of the Supreme Court's stay of the Fourth Circuit's mandate, this court modifies the Recommendations to stay these matters pending termination of the stay granted in McQuigg v. Bostic, No. 14A196 (Fourth Circuit Case No. 14-1167). The parties are directed to notify this court within twenty (20) days of the denial of the petition for a writ of certiorari or the sending down of the judgment of the Supreme Court. Associated Cases: 1:14-cv-00299-WO-JEP. (Butler, Carol) (Entered: 08/27/2014)

Aug. 27, 2014

Aug. 27, 2014

PACER

Case Stayed Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP(Powell, Gloria)

Aug. 27, 2014

Aug. 27, 2014

PACER
64

MOTION for Reconsideration re 63 Order on Report and Recommendations,, by PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. Responses due by 10/6/2014 (RICHARDSON, AMY) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
65

MEMORANDUM filed by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA re 64 MOTION for Reconsideration re 63 Order on Report and Recommendations,, filed by PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (Attachments: # 1 Exhibit A,)(RICHARDSON, AMY) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

PACER
66

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 10/6/2014, as set out herein. (Butler, Carol) (Entered: 10/06/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
67

STATUS REPORT by DAVID L. CHURCHILL, ROY COOPER, ARCHIE L. SMITH, III, JOHN W. SMITH, AL JEAN BOGLE. Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP(VYSOTSKAYA DE BRITO, OLGA) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
68

STATUS REPORT by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE. Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP(RICHARDSON, AMY) (Entered: 10/07/2014)

Oct. 7, 2014

Oct. 7, 2014

PACER
69

Consent MOTION to Amend Case Caption and to Intervene by ROY COOPER. Responses due by 11/3/2014 (VYSOTSKAYA DE BRITO, OLGA) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
70

STATE DEFENDANTS' ANSWER to 1 Complaint by AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
71

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 10/8/2014, that the stay is lifted and State Defendant's shall file an Answer to Plaintiffs' First Amended Complaint in 1:12CV589 (Doc. 40 ) and to Plaintiffs' Complaint in 1:14CV299 (Doc. 1 ).FURTHER that pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, the consent motions of Plaintiff's and Defendant Roy Cooper to amend the caption of the First Amended Complaint to dismiss Mr. Cooper as a Party-Defendant is GRANTED. (Doc. 68 in 1:12CV589; Doc. 69 in 1:14CV299.) The motion for Mr. Cooper to intervene pursuant to Rule 24 of the Federal Rules of Civil Procedure is GRANTED, and Mr. Cooper shall appear in this matter, in a representative capacity, as an Intervenor on behalf of the State of North Carolina for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality of North Carolinas statutes and constitutional amendment challenged in this action. FURTHER that all prior pending motions (Docs. 63, 65, 84, and 109 in 1:12CV589; Docs. 23, 30, 37, and 64 in 1:14CV299), except the motions for preliminary injunction, in each of these cases are DENIED AS MOOT. Upon the filing of an Answer in each of these cases by the State Defendant's, Plaintiffs may file any motions they deem appropriate without necessity of an accompanying brief. This court will review the filed pleadings in light of the prior briefs, status reports, and orders of this court. (Butler, Carol) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
72

MOTION for Judgment on the Pleadings by PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY. Responses due by 11/3/2014 (Attachments: # 1 Text of Proposed Order Proposed Judgment)(RICHARDSON, AMY) (Entered: 10/08/2014)

Oct. 8, 2014

Oct. 8, 2014

PACER
73

NOTICE by PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA re 72 MOTION for Judgment on the Pleadings ; Supplemental Notice of Consent (RICHARDSON, AMY) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
74

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 10/9/2014, as set out herein, to the extent any party should disagree with this court's understanding of the parties respective positions, notice of any such dispute shall be filed with this court on or before 5:00 p.m. today. Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP (Butler, Carol) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
75

MOTION to Intervene by THOM TILLIS, PHIL BERGER. Responses due by 11/3/2014 Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP(POTTER, ROBERT) (Additional attachment(s) added on 10/9/2014: # 1 Exhibit Proposed Order; NEF Regenerated) (Welch, Kelly). (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
76

MEMORANDUM re (119 in 1:12-cv-00589-WO-JEP, 75 in 1:14-cv-00299-WO-JEP) MOTION to Intervene by Intervenor Defendant PHIL BERGER, Select Role Types THOM TILLIS, THOM TILLIS. Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP(POTTER, ROBERT) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
77

RESPONSE filed by PEARL BERLIN, JANE BLACKBURN, ROY COOPER, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA. Replies due by 10/27/2014. (Attachments: # 1 Text of Proposed Order Modified Proposed Judgment)(RICHARDSON, AMY) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
78

RESPONSE filed by Defendants AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH, Intervenor ROY COOPER re 72 MOTION for Judgment on the Pleadings filed by JANE BLACKBURN, PEARL BERLIN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY filed by AL JEAN BOGLE, ROY COOPER, ROY COOPER, JOHN W. SMITH. (WHITEHEAD, CHARLES) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
79

MOTION for Extension of Time to File Answer re 75 MOTION to Intervene by THOM TILLIS and by PHIL BERGER. (Attachments: # 1 Proposed Order)(POTTER, ROBERT) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
80

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 10/9/2014 that the motions for extension (1:12CV589 (Doc. 123); 1:14CV299 (Doc. 79 )) are DENIED.This court finds the motion for extension of time should be denied as requested. The motion to intervene is presently under consideration by this court and the Intervenors shall have until 12:00 noon on Friday, October 10, 2014, to file a completed motion to intervene, including a pleading that sets out the claim or defense for which intervention is sought. Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP(Welch, Kelly) (Entered: 10/09/2014)

Oct. 9, 2014

Oct. 9, 2014

PACER
81

Defendants-Intervenors Answer and Defenses filed by THOM TILLIS, PHIL BERGER. (POTTER, ROBERT) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
82

REQUEST by Intevenors THOM TILLIS, PHIL BERGER for Oral Argument re (119 in 1:12cv589, 75 in 1:14cv299) MOTION to Intervene. (Attachments: # 1 Proposed Order) Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP(POTTER, ROBERT) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
83

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 10/10/2014,this court directs that Plaintiffs in each of these cases and the North Carolina Attorney General respond to the motion to intervene as set out herein no later than Monday, October 13, 2014, at 3:00 p.m. and that Movants' Request for Oral Argument on Motions for Intervention (1:14CV299 (Doc. 82 ); 1:12CV589 (Doc. 126 )) is DENIED. Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP (Butler, Carol) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
84

MOTION to Withdraw as Attorney DAVID A. CASTLEMAN on behalf of PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. Responses due by 11/3/2014 (Attachments: # 1 Text of Proposed Order)(RICHARDSON, AMY) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER
85

NOTICE of Appearance by attorney JOSEPH A. VANDERHULST on behalf of Intervenor Defendants PHIL BERGER, THOM TILLIS, PHIL BERGER, THOM TILLIS Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP(VANDERHULST, JOSEPH) (Entered: 10/10/2014)

Oct. 10, 2014

Oct. 10, 2014

PACER

Case Details

State / Territory: North Carolina

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: April 9, 2014

Closing Date: 2018

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Three same-sex families who are residents of North Carolina.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of North Carolina, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: 214,157.61

Content of Injunction:

Preliminary relief granted

Issues

General:

Adoption

Marriage

Discrimination-basis:

Sex discrimination

Sexual orientation

Affected Gender:

Female

Male