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 attorneys, 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)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Document

Docket [PACER]

July 25, 2018 Docket
1

Complaint

April 9, 2014 Complaint
49

Recommendation of United States Magistrate Judge

June 2, 2014 Order/Opinion
63

Order

Aug. 27, 2014 Order/Opinion
66

Order

Oct. 6, 2014 Order/Opinion
71

Order

Oct. 6, 2014 Order/Opinion
90

Order

Oct. 14, 2014 Order/Opinion
91

Order

Oct. 14, 2014 Order/Opinion
110

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

Oct. 21, 2015 Settlement Agreement
125

Memorandum Opinion and Order

July 25, 2018 Order/Opinion

Resources

Title Description External URL

Gerber and Berlin v. Cooper - Freedom to Marry in North Carolina

The ACLU's page for the case. June 2, 2014 https://www.aclu.org/cases/gerber-and-berlin-v-cooper-freedom-marry-north-carolina

Docket

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

Last updated May 12, 2022

ECF Number Description 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 PACER
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
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
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 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 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
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
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 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 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
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 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
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
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 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 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
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 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
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 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
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 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
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
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 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
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 PACER

CASE REFERRED to Standing Order 30 (Powell, Gloria) (Entered: 04/09/2014)

April 9, 2014

CASE REFERRED to Standing Order 30 (Powell, Gloria)

April 9, 2014 PACER

Motion Referred: re: 11 MOTION to Expedite, to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly) (Entered: 04/09/2014)

April 9, 2014

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

April 9, 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) (Entered: 04/10/2014)

April 10, 2014
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 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 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
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
15

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

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 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) (Entered: 04/11/2014)

April 11, 2014

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 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
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 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
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 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

Answer as to ROY COOPER due 5/6/2014; Answer as to JOHN W. SMITH due 5/6/2014. (Lloyd, Donna) (Entered: 04/16/2014)

April 15, 2014
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 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

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

April 15, 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
20

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

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
21

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

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
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 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
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 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
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 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
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 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
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 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 PACER

Motion Referred: re: 23 MOTION to Stay (Expedited Review Requested) to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly) (Entered: 04/24/2014)

April 24, 2014

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) (Entered: 04/25/2014)

April 25, 2014
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 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

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

April 24, 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

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 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 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
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 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
30

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

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
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 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
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 PACER

Reset Reply Deadline to 32 RESPONSE to 3 MOTION for Preliminary Injunction: Replies due by 5/5/2014. (See 16 Order.) (Lloyd, Donna) (Entered: 04/29/2014)

April 29, 2014
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 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

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) (Entered: 05/02/2014)

May 2, 2014

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 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 PACER
35

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

May 5, 2014

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 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
35

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

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
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 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
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 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
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 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
41

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

May 21, 2014
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 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
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 PACER

State / Territory: North Carolina

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

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 orientatation

Affected Gender:

Female

Male