Case: Condon v. Haley

Condon v. Wilson

Lambda Legal

COMPLAINT against Irvin G Condon, Nimrata Randhawa Haley, Alan Wilson ( Filing fee $ 400 receipt number 0420−5593365.), filed by Colleen Therese Condon, Anne Nichols Bleckley. Service due by 2/17/2015(jbry, ) (Entered: 10/15/2014)

Local Rule 26.01 Answers to Interrogatories by Anne Nichols Bleckley, Colleen Therese Condon.(jbry, ) (Entered: 10/15/2014)

Summons Issued as to Irvin G Condon, Nimrata Randhawa Haley, Alan Wilson. (jbry, ) (Entered: 10/15/2014)

MOTION to Appear Pro Hac Vice by Elizabeth L. Littrell ( Filing fee $ 250 receipt number 0420−5594897) by Anne Nichols Bleckley, Colleen Therese Condon. Response to Motion due by 11/3/2014. (Attachments: # 1 Affidavit in Support of Motion for Pro Hac Vice Admission of Elizabeth Littrell, # 2 Supporting Documents Certificate of Good Standing, # 3 Proposed Order Granting Pro Hac Vice Admission)No proposed order.(Shutt, Nekki) (Attachment 3 replaced on 10/17/2014) (sshe, ). Modified on 10/17/2014 to replace attachment with corrected proposed order (sshe, ). (Entered: 10/15/2014)

ORDER granting 5 Motion of Elizabeth L Littrell to Appear Pro Hac Vice for Plaintiffs Colleen Therese Condon and Anne Nichols Bleckley. Signed by Honorable Richard M Gergel on 10/17/2014.(sshe, ) (Entered: 10/17/2014)

SUMMONS Returned Executed by Colleen Therese Condon, Anne Nichols Bleckley. Nimrata Randhawa Haley served on 10/20/2014, answer due 11/10/2014. (Attachments: # 1 Affidavit of Service)(Shutt, Nekki) (Entered: 10/21/2014)

SUMMONS Returned Executed by Colleen Therese Condon, Anne Nichols Bleckley. Alan Wilson served on 10/20/2014, answer due 11/10/2014. (Attachments: # 1 Affidavit of Service)(Shutt, Nekki) (Entered: 10/21/2014)

NOTICE of Hearing: Telephone Conference set for 10/24/2014 at 11:00 AM before Honorable Richard M Gergel. Attorneys must initiate telephone conference. Hearing will be held in courtroom #3. Court Staff needed. (ltap,) Modified text on 10/23/2014 (erav,). (Entered: 10/22/2014)

NOTICE of Appearance by John Shannon Nichols on behalf of Irvin G Condon (Nichols, John) (Entered: 10/22/2014)

MOTION for Preliminary Injunction by Anne Nichols Bleckley, Colleen Therese Condon. Response to Motion due by 11/10/2014. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1 − Order, General Synod of the United Church of Christ, et al. v. Resinger,et. al., # 3 Exhibit 2 − Affidavit of Colleen Condon, # 4 Exhibit 3 − Affidavit of Anne Nichols Bleckley, # 5 Exhibit 4 − News Release from Attorney General Alan Wilson, # 6 Exhibit 5 − News Article from Greenville Online, # 7 Exhibit 6 − Statement of Judge Condon, # 8 Exhibit 7 − Petition for Original Jurisdiction and Motion for Temporary Injunction, # 9 Exhibit 8 − South Carolina Supreme Court Order, # 10 Exhibit 9 − Verified Complaint, Bradacs v. Haley, # 11 Exhibit 10 − Amici Curiae Brief, Bostic v. Schaefer)No proposed order.(Shutt, Nekki) Modified on 10/24/2014 to reference 20 Additional Attachment filed 10/24/2014(sshe, ). (Entered: 10/22/2014)

MOTION for Summary Judgment by Anne Nichols Bleckley, Colleen Therese Condon. Response to Motion due by 11/10/2014. (Attachments: # 1 Memo in Support of Summary Judgment, # 2 Exhibit List, # 3 Exhibit 1 − Order, General Synod of the United Church of Christ, et al. v. Resinger, et al., # 4 Exhibit B − Affidavit of Colleen Condon, # 5 Exhibit C − Chart of Comparison Comparing SC Marriage Ban to VA marriage Ban, # 6 Exhibit D − News Release from Attorney General Alan Wilson, # 7 Exhibit E − New Article from Greenville Online, # 8 Exhibit F − Statement of Judge Condon, # 9 Exhibit G − Petition for Original Jurisdiction and Temporary Injunction, # 10 Exhibit H − Affidavit of Anne Nichols Bleckley, # 11 Exhibit I − South Carolina Supreme Court Order, # 12 Exhibit J − Brief of States as amici curiae in Support of Reversal, # 13 Exhibit K − Orders of Other States)No proposed order.(Shutt, Nekki) Modified on 10/24/2014 to reference 21 Additional Attachment filed 10/24/2014(sshe, ). (Entered: 10/22/2014)

TEXT ORDER: Plaintiffs have filed a motion for preliminary injunction. (Dkt. No. 12). The time for Defendants to respond to that motion is hereby shortened to 11/3/14. Any reply from Plaintiffs is due on or before noon on 11/5/14. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 10/23/14. (ltap, ) (Entered: 10/23/2014)

TEXT ORDER: When the Court originally scheduled the status conference in this matter for 10/24/13 at 11:00 a.m., the Court anticipated but had not yet received a motion for preliminary injunction. Plaintiffs' motion for a preliminary injunction was filed late yesterday afternoon and the Court earlier today entered an order for a briefing schedule on that motion. The parties should be prepared to address the following issues at the status conference on 10/24/14: (1) Do any of the parties desire to have the Court conduct an evidentiary hearing on the motion for preliminary injunction? (2) Do any of the parties desire oral argument on the motion for preliminary injunction? (3) Various issues the Court would like the parties to address in their responsive briefs on the motion for preliminary injunction. The Court will not expect the parties to participate in any substantive argument on the merits during the 10/24/14 status conference. In light of the press inquiries the Clerk's Office has received regarding the 10/24/14 status conference, the telephone conference will be conducted in a courtroom at the Charleston Federal Courthouse. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 10/23/14. (ltap, ) (Entered: 10/23/2014)

NOTICE of Appearance by James Emory Smith, Jr on behalf of Nimrata Randhawa Haley, Alan Wilson (Smith, James) (Entered: 10/23/2014)

NOTICE of Appearance by Richard S Rosen on behalf of Irvin G Condon (Rosen, Richard) (Entered: 10/23/2014)

MOTION to Expedite Ruling by Anne Nichols Bleckley, Colleen Therese Condon. Response to Motion due by 11/10/2014. No proposed order.(Burnette, Mary) (Entered: 10/23/2014)

MOTION to Amend/Correct Time for Defendants to Respond to Plaintiffs' Motion for Summary Judgment by Anne Nichols Bleckley, Colleen Therese Condon. Response to Motion due by 11/10/2014. No proposed order.(Burnette, Mary) (Entered: 10/23/2014)

Additional Attachments to Main Document 12 MOTION for Preliminary Injunction . First attachment description: Amended Certificate of Service . (Shutt, Nekki) (Entered: 10/24/2014)

Minute Entry. Proceedings held before Honorable Richard M Gergel: Telephone Conference held on 10/24/2014. Court denies on the record 19 Motion to Amend/Correct time for defendant's respond to plaintiffs' motion for summary judgment. Court takes under advisement 18 Motion to Expedite. Court Reporter Debbie Potocki. (erav, ) (Entered: 10/24/2014)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of telephone conference held on 10−24−14, before Judge Richard M. Gergel. Court Reporter/Transcriber Debra Potocki, Telephone number/E−mail 843−723−2208/potockidebra@bellsouth.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties have 7 calendar days from the filing of the transcript to file with the court a Notice of Intent to Request Redaction.. Redaction Request due 11/18/2014. Redacted Transcript Deadline set for 12/1/2014. Release of Transcript Restriction set for 1/26/2015. (dpotocki, ) (Entered: 10/28/2014)

MOTION for Leave to File Excess Pages by Nimrata Randhawa Haley, Alan Wilson. Response to Motion due by 11/17/2014. No proposed order.(Smith, James) (Entered: 10/29/2014)

TEXT ORDER granting 25 Motion for Leave to File Excess Pages. Entered at the direction of the Honorable Richard M Gergel on 10/30/14.(ltap, ) (Entered: 10/30/2014)

ANSWER to 1 Complaint by Irvin G Condon.(Nichols, John) (Entered: 11/03/2014)

Local Rule 26.01 Answers to Interrogatories by Irvin G Condon.(Nichols, John) (Entered: 11/03/2014)

RESPONSE in Opposition re 12 MOTION for Preliminary Injunction and alternative Motion / Request for Stay Response filed by Nimrata Randhawa Haley, Alan Wilson.Reply to Response to Motion due by 11/13/2014 (Attachments: # 1 Addendum Attachment A − Comparison of VA and SC law, # 2 Addendum Attachment B − 1712 Statute, # 3 Addendum Attachment C − 1871 Revised Statutes)(Smith, James) (Entered: 11/03/2014)

Local Rule 26.01 Answers to Interrogatories by Nimrata Randhawa Haley, Alan Wilson.(Smith, James) (Entered: 11/03/2014)

RESPONSE to Motion re 12 MOTION for Preliminary Injunction Response filed by Irvin G Condon.Reply to Response to Motion due by 11/13/2014 (Nichols, John) (Entered: 11/03/2014)

REPLY to Response to Motion re 12 MOTION for Preliminary Injunction Response filed by Anne Nichols Bleckley, Colleen Therese Condon. (Attachments: # 1 Exhibit A − Memorandum and Order in Marie v. Moser)(Shutt, Nekki) (Entered: 11/05/2014)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Nimrata Randhawa Haley, Alan Wilson. Response to Motion due by 11/24/2014. (Attachments: # 1 Memo in Support)No proposed order.(Smith, James) (Entered: 11/07/2014)

RESPONSE in Opposition re 13 MOTION for Summary Judgment Response filed by Nimrata Randhawa Haley, Alan Wilson.Reply to Response to Motion due by 11/20/2014 (Smith, James) (Entered: 11/10/2014)

RESPONSE to Motion re 13 MOTION for Summary Judgment Response filed by Irvin G Condon.Reply to Response to Motion due by 11/20/2014 (Nichols, John) (Entered: 11/10/2014)

ORDER granting 13 Plaintiffs' Motion for Summary Judgment. This Court hereby issues the following permanent injunction and enjoins Defendant Wilson and Condon, their officers, agents, servants and employees, from: 1. Enforcing S.C. Constitution Art. XVII, § 15, S.C. Code Ann. §§20−1−10 and 20−115 or any other state law or policy to the extent they seek to prohibit the marriage of same sex couples; 2. Interfering in any manner with Plaintiffs' fundamental right to marry or in the issuance of a marriage license to Plaintiffs; and/or 3. Refusing to issue to Plaintiffs a marriage license if, but for their sex, they are otherwise qualified to marry under the laws of South Carolina. Defendant Wilson's motion for a stay (Dkt. No. 36 ) is GRANTED IN PART AND DENIED IN PART. Defendant Wilson's motion for an appeal stay is DENIED. Defendant Wilson's motion for a temporary stay is GRANTED until November 20, 2014, at 12:00 noon. Plaintiffs' motion for a preliminary injunction (Dkt. No. 12 ) and Defendants' motion to dismiss (Dkt. No. 33 ) are DENIED as moot. Defendant Haley is dismissed as a party pursuant to the Eleventh Amendment. Any motion by Plaintiffs for an award of attorney fees pursuant to 42 U.S.C. § 1988 will be considered upon appropriate motions of the parties. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 11/12/2014.(sshe, ) (Entered: 11/12/2014)

NOTICE OF APPEAL as to 37 Order on Motion to Amend/Correct, Order on Motion for Preliminary Injunction, Order on Motion for Summary Judgment, Order on Motion to Expedite, Order on Motion to Dismiss for Failure to State a Claim,,,,,,,,,,,,,,,,,,,,,,,,, by Alan Wilson. − Filing fee $ 505, receipt number 0420−5642561. The Docketing Statement form, Transcript Order form and CJA 24 form may be obtained from the Fourth Circuit website at www.ca4.uscourts.gov (Smith, James) (Entered: 11/13/2014)

Transmittal Sheet for Notice of Appeal to USCA re 39 Notice of Appeal, The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (sshe, ) (Entered: 11/13/2014)

ASSEMBLED INITIAL ELECTRONIC RECORD TRANSMITTED TO FOURTH CIRCUIT COURT OF APPEALS re 39 Notice of Appeal, Electronic record successfully transmitted. (sshe, ) (Entered: 11/13/2014)

ORDER of USCA denying motion for stay pending appeal and denying alternate request for a temporary stay as to 39 Notice of Appeal, filed by Alan Wilson (sshe, ) (Entered: 11/19/2014)

MOTION for Extension of Time to File Petition for Attorney's Fees and Costs by Anne Nichols Bleckley, Colleen Therese Condon. Response to Motion due by 12/12/2014. (Attachments: # 1 Proposed Order Granting Motion for Extension)Proposed order is being emailed to chambers with copy to opposing counsel.(Shutt, Nekki) (Entered: 11/25/2014)

TEXT ORDER The parties' consent motion for extension of time (Dkt. No. 44 ) is GRANTED. Plaintiffs may file a petition for attorney's fees and costs on or before December 10, 2014, and Defendants may file a response on or before January 7, 2015. AND IT IS SO ORDERED. Entered at the Direction of Honorable Richard M Gergel on 11/25/2014.(sshe, ) (Entered: 11/25/2014)

MOTION for Attorney Fees by Anne Nichols Bleckley, Colleen Therese Condon. Response to Motion due by 1/5/2015. (Attachments: # 1 Exhibit List, # 2 Exhibit 1 − Affidavit of M. Malissa Burnette, # 3 Exhibit 2 − Affidavit of Nekki Shutt, # 4 Exhibit 3 − Affidavit of Jon Davidson, # 5 Exhibit 4 − Affidavit of Camilla Taylor, # 6 Exhibit 5 − Affidavit of Gregory Nevins, # 7 Exhibit 6 − Affidavit of Elizabeth Littrell, # 8 Exhibit 7 − Affidavit of David Rothstein, # 9 Exhibit 8 − Affidavit of J. Lewis Cromer)No proposed order.(Shutt, Nekki) (Entered: 12/10/2014)

ORDER of USCA as to 39 Notice of Appeal, filed by Alan Wilson. Upon consideration of submissions relative to the motion for stay or continuance of appeal pending a final decision by the United States Supreme Court regarding the petitions for writ of certiorari in DeBoer v. Snyder, No. 14−1341, 2014 WL 5748990 and any petition for writing of certiorari filed in the instant case, the court grants the motion. The parties shall notify the 4CCA when the Supreme Court has issued its rulings. (sshe, ) (Entered: 12/16/2014)

ORDER of USCA as to 39 Notice of Appeal, filed by Alan Wilson. The court consolidates Case No. 14−2241(L) and Case No. 14−2337 (3:13−cv−2351−JMC). Entry of appearance forms and disclosure statements filed by counsel and parties to the lead case are deemed filed in the secondary case. In light of the order entered this day in case No. 14−2241, both cases are now in abeyance. All briefing schedules are rescinded. (sshe, ) (Entered: 12/16/2014)

MOTION to Stay re 46 MOTION for Attorney Fees Motion to Deny or Defer Attorneys Fees by Alan Wilson. Response to Motion due by 1/15/2015. No proposed order.(Smith, James) (Entered: 12/29/2014)

MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Attorney Fees Motion to Hold Deadline in Abeyance by Alan Wilson. Response to Motion due by 1/20/2015. No proposed order.(Smith, James) (Entered: 12/31/2014)

TEXT ORDER: Defendants' Motion to Deny or Defer Attorney's Fees (Dkt. No. 49) is DENIED without prejudice. The Court hereby resets the deadline for Defendants' Response to Plaintiffs' Motion for Attorney Fees (Dkt. No. 46) to January 14, 2014. Defendants' Motion for Extension of Time to File Response/Reply as to Motion for Attorney Fees (Dkt. No. 50), which requested the Court to hold its response deadline in abeyance until a ruling on Dkt. No. 49, is denied as moot. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/5/2015.(ltap, ) (Entered: 01/05/2015)

MOTION for Extension of Time to File Response/Reply as to 46 MOTION for Attorney Fees by Alan Wilson. Response to Motion due by 1/29/2015. No proposed order.(Smith, James) (Entered: 01/12/2015)

TEXT ORDER granting 52 Motion for Extension of Time to File Response/Reply to 46 MOTION for Attorney Fees. Response to Motion due by 1/16/2014. Entered at the direction of the Honorable Richard M Gergel on 1/13/15.(ltap, ) (Entered: 01/13/2015)

RESPONSE to Motion re 46 MOTION for Attorney Fees Response filed by Irvin G Condon.Reply to Response to Motion due by 1/26/2015 (Nichols, John) (Entered: 01/16/2015)

RESPONSE in Opposition re 46 MOTION for Attorney Fees Response filed by Alan Wilson.Reply to Response to Motion due by 1/26/2015 (Attachments: # 1 Addendum Attachment A − Planned Parenthood Order, # 2 Addendum Attachment B − Southeast Booksellers Order)(Smith, James) (Entered: 01/16/2015)

MOTION for Extension of Time to File Response/Reply to Return in Opposition to Petition for Attorneys Fees by Anne Nichols Bleckley, Colleen Therese Condon. Response to Motion due by 2/9/2015. No proposed order.(Burnette, Mary) (Entered: 01/21/2015)

TEXT ORDER granting 56 Consent Motion for Extension of Time to File Reply to Return in Opposition to Petition for Attorneys Fees. Replies due by 2/9/2015. Entered at the direction of the Honorable Richard M Gergel on 1/22/15.(ltap, ) (Entered: 01/22/2015)

MOTION to Stay re 46 MOTION for Attorney Fees Renewed Motion to Deny or Defer Attorney's Fees by Alan Wilson. Response to Motion due by 2/9/2015. No proposed order.(Smith, James) (Entered: 01/22/2015)

TEXT ORDER: Defendant has moved for the Court to deny without prejudice or to defer a decision on Plaintiffs' motion for attorney fees pending a decision by the United States Supreme Court in Bourke v. Beshear, No. 14−574, 2015 WL 213651 (January 16, 2015), in which the Supreme Court recently granted certiorari. (Dkt. No. 58). The Court is informed that Plaintiffs consent to this motion. (Id. at 9). The Court is persuaded that based on recent developments judicial economy is best served by delaying a decision on Plaintiffs' motion for attorney fees pending at least a decision in Bourke. Plaintiffs are directed to file their reply brief, if they desire to submit one, by the designated deadline of 2/9/15. Once Bourke is decided, the Court will then determine whether to take up the Plaintiffs' motion for attorney fees or to defer action pending disposition of the Fourth Circuit appeal. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 1/23/15.(ltap,) Modified on 1/23/2015 to change the designation deadline. (erav,). (Entered: 01/23/2015)

REPLY to Response to Motion re 46 MOTION for Attorney Fees by Plaintiffs Response filed by Anne Nichols Bleckley, Colleen Therese Condon. (Attachments: # 1 Exhibit Summary of Plaintiffs' Motion Practice in Comparable Cases)(Burnette, Mary) (Entered: 02/09/2015)

TEXT ORDER: Plaintiffs have pending before the Court a motion for attorneys' fees (Dkt. No. 46). The Court delayed action on this motion pending the outcome of the United States Supreme Court's action on related appeals. (Dkt. No. 59). Now that the United States Supreme Court has issued its order in Obergefell v. Hodges, 576 U.S. ___ (June 26, 2015), this Court must determine whether to address the attorneys' fee petition now or to defer action pending the disposition of the Fourth Circuit appeal. The parties are directed to file a status report within 10 days from this order indicating whatever preferences the parties may have and whether the parties would like the Court to direct mediation of this matter. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/9/15. (ltap, ) (Entered: 07/09/2015)

STATUS REPORT Joint Status Report by Alan Wilson. (Smith, James) (Entered: 07/17/2015)

AMENDED TEXT ORDER: As a follow up to the Court's text order of 7/9/15 (Dkt. No. 61) and the parties' joint response (Dkt. No. 62), the Court enters the following schedule for the completion of briefing of the attorneys' fee issue: (1) Plaintiffs may file a supplemental response to their motion for attorneys' fees, including any fees sought for appellate work, within 20 days of this order; (2) Defendant Wilson may file a response within 20 days thereafter; (3) Plaintiffs may file a reply within 7 days thereafter. The Court has entered a somewhat more abbreviated schedule than requested by the parties because the pending attorneys' fee petition is on the Court's six month list due for disposition by 9/30/15 and the time provided is sufficient for supplemental briefing. Since Plaintiffs have indicated that they do not seek attorneys' fees against Defendant Condon, it will not be necessary for him to file any additional responses to Plaintiffs' petition for attorneys' fees. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/20/15. (ltap, ) Modified on 7/20/2015 per chambers(sshe, ). (Entered: 07/20/2015)

USCA MANDATE re Order, granting motion to voluntarily dismiss this case pursuant to FRAP Rule 42(b), takes effect this date as to 39 Notice of Appeal, filed by Alan Wilson (Attachments: # 1 4CCA Order)(sshe, ) (Entered: 07/21/2015)

Letter from Nekki Shutt, Esquire to Judge Gergel regarding ruling on Attorneys fees and costs. (Shutt, Nekki) (Entered: 07/30/2015)

TEXT ORDER: The Court has been advised by Plaintiffs' counsel that her clients do not intend to make any additional filing regarding their petition for attorneys' fees and costs. Since this matter has already been fully briefed by the parties and Plaintiffs have indicated no intention to make additional claims for fees or costs since the original fee submissions, the Court finds that no additional responses by the parties are necessary. If any party seeks to submit any additional authorities to the Court that have arisen since the matter was initially briefed, any supplemental briefing may be submitted on or before 8/5/15. AND IT IS SO ORDERED. Entered at the direction of the Honorable Richard M Gergel on 7/30/15. (ltap, ) (Entered: 07/30/2015)

ORDER granting 46 Motion for Attorney Fees in the amount of $130,610.00, paraprofessional fees in the amount of $3,239.50 and costs in the amount of $1,426.48 reflecting a total judgment for fees and costs of $135,275.98. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 8/10/2015.(vdru, ) (Entered: 08/10/2015)

SATISFACTION OF JUDGMENT re 69 Order on Motion for Attorney Fees, by Alan Wilson. (Attachments: # 1 Addendum Satisfaction of Judgment)(Smith, James) (Entered: 10/27/2015)