Case: Condon v. Haley

2:14-cv-04010 | U.S. District Court for the District of South Carolina

Filed Date: Oct. 15, 2014

Closed Date: Aug. 10, 2015

Clearinghouse coding complete

Case Summary

This case was initiated by two female South Carolina residents who wanted to marry. On October 15, 2014, they brought this claim under 42 U.S.C. § 1983 in the U.S. District Court for the District of South Carolina, represented by attorneys from Lambda Legal and a private firm. The plaintiffs sought declaratory and injunctive relief against the State of South Carolina. Specifically, they alleged that the state violated their Fourteenth Amendment rights to due process and equal protection through…

This case was initiated by two female South Carolina residents who wanted to marry. On October 15, 2014, they brought this claim under 42 U.S.C. § 1983 in the U.S. District Court for the District of South Carolina, represented by attorneys from Lambda Legal and a private firm. The plaintiffs sought declaratory and injunctive relief against the State of South Carolina. Specifically, they alleged that the state violated their Fourteenth Amendment rights to due process and equal protection through enforcement of a South Carolina constitutional amendment and statutes that expressly denied same-sex couples the freedom to marry.

The District Judge Richard Gergel was assigned to this case. On October 22, 2014, the plaintiffs moved for a preliminary injunction and summary judgment. The defendants filed a motion to dismiss for failure to state a claim on November 7, 2014.

On November 12, 2014, Judge Gergel granted summary judgment for the plaintiffs and issued a permanent injunction enjoining the state from enforcing any state laws or policies that prohibited the marriage of same-sex couples. Judge Gergel denied the defendant’s motion to dismiss and dismissed the governor (Haley) as a defendant pursuant to the Eleventh Amendment Immunity on the basis that there was little evidence that the governor has taken enforcement action or engaged in other affirmative acts to obstruct the plaintiff’s fundamental right to marry. Condon v. Haley 21 F.Supp.3d 572 (D.S.C. 2014).

Recognizing that the defendants would file an appeal, the court issued a one-week stay of the enforcement of the injunction to give the Fourth Circuit time to receive the defendant's petition for appeal and to consider that request. On November 12, 2014, the defendants appealed to the Fourth Circuit Court of Appeals, which denied their request for a stay.

On November 20, 2014, the permanent injunction took effect.

The defendants asked the Supreme Court for a stay on December 15, 2014.

However, on December 15, 2014, the Fourth Circuit granted the defendants a stay until the Supreme Court decided the defendants' request for a stay or decided Deboer v. Snyder, PB-MI-0004 in this Clearinghouse.

The Fourth Circuit also consolidated this case with Bradacs v. Haley, PB-SC-0003 in this Clearinghouse.

On December 10, 2014, the plaintiffs moved for attorney’s fees. Five days later, the defendants moved to stay the motion for attorney’s fees. On January 5, 2015, the district court denied the defendant’s motion to deny or defer attorney’s fees. However, the defendant filed a renewed motion to deny or defer attorney’s fees on January 23, 2015.

The district court delayed action on this motion pending the outcome of the Supreme Court’s decision in Obergefell in this Clearinghouse. This resolved all the same-sex marriage cases on appeal to the Supreme Court.

The defendants voluntarily dismissed the appeal to the Fourth Circuit.

On August 10, 2015, the district court awarded $135,275.98 in fees and costs to the plaintiffs. By October 6, 2015, the defendant notified the court that the plaintiffs had been paid in full.

Summary Authors

Susie Choi (3/9/2017)

Related Cases

Bradacs v. Haley, District of South Carolina (2013)

People


Judge(s)

Childs, Julianna Michelle (South Carolina)

Gergel, Richard Mark (South Carolina)

Attorneys(s) for Plaintiff

Burnette, Mary Malissa (South Carolina)

Eslinger, Victoria Lamonte (South Carolina)

Littrell, Elizabeth Lynn (Georgia)

Shutt, Nekki (South Carolina)

Attorneys(s) for Defendant

Cook, Robert Dewayne (South Carolina)

Nichols, John Shannon (South Carolina)

Rosen, Richard S (South Carolina)

Smith, James Emory Jr. (South Carolina)

Judge(s)

Childs, Julianna Michelle (South Carolina)

Gergel, Richard Mark (South Carolina)

Attorneys(s) for Plaintiff

Burnette, Mary Malissa (South Carolina)

Eslinger, Victoria Lamonte (South Carolina)

Littrell, Elizabeth Lynn (Georgia)

Shutt, Nekki (South Carolina)

Attorneys(s) for Defendant

Cook, Robert Dewayne (South Carolina)

Nichols, John Shannon (South Carolina)

Rosen, Richard S (South Carolina)

Smith, James Emory Jr. (South Carolina)

Weschler, Ian Parks (South Carolina)

Other Attorney(s)

Morgan, Laura W. (Virginia)

Warner, Carrie A (South Carolina)

Documents in the Clearinghouse

Document

2:14-cv-04010

Docket [PACER]

Oct. 27, 2015

Oct. 27, 2015

Docket
1

2:14-cv-04010

Complaint (Declaratory and Injunctive Relief)

Oct. 15, 2014

Oct. 15, 2014

Complaint
37

2:14-cv-04010

Order

21 F.Supp.3d 572

Nov. 12, 2014

Nov. 12, 2014

Order/Opinion
69

2:14-cv-04010

Order

Condon v. Wilson

Aug. 10, 2015

Aug. 10, 2015

Order/Opinion

Resources

Docket

Last updated May 30, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

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)

Oct. 15, 2014

Oct. 15, 2014

2

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

Oct. 15, 2014

Oct. 15, 2014

3

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

Oct. 15, 2014

Oct. 15, 2014

5

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)

Oct. 15, 2014

Oct. 15, 2014

7

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)

Oct. 17, 2014

Oct. 17, 2014

8

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)

Oct. 21, 2014

Oct. 21, 2014

9

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)

Oct. 21, 2014

Oct. 21, 2014

10

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)

Oct. 22, 2014

Oct. 22, 2014

11

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

Oct. 22, 2014

Oct. 22, 2014

12

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)

Oct. 22, 2014

Oct. 22, 2014

13

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)

Oct. 22, 2014

Oct. 22, 2014

14

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)

Oct. 23, 2014

Oct. 23, 2014

15

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)

Oct. 23, 2014

Oct. 23, 2014

16

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

Oct. 23, 2014

Oct. 23, 2014

17

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

Oct. 23, 2014

Oct. 23, 2014

18

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)

Oct. 23, 2014

Oct. 23, 2014

19

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)

Oct. 23, 2014

Oct. 23, 2014

20

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

Oct. 24, 2014

Oct. 24, 2014

23

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)

Oct. 24, 2014

Oct. 24, 2014

24

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)

Oct. 28, 2014

Oct. 28, 2014

25

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)

Oct. 29, 2014

Oct. 29, 2014

26

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)

Oct. 30, 2014

Oct. 30, 2014

27

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

Nov. 3, 2014

Nov. 3, 2014

28

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

Nov. 3, 2014

Nov. 3, 2014

29

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)

Nov. 3, 2014

Nov. 3, 2014

30

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

Nov. 3, 2014

Nov. 3, 2014

31

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)

Nov. 3, 2014

Nov. 3, 2014

32

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)

Nov. 5, 2014

Nov. 5, 2014

33

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)

Nov. 7, 2014

Nov. 7, 2014

34

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)

Nov. 10, 2014

Nov. 10, 2014

35

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)

Nov. 10, 2014

Nov. 10, 2014

37

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)

Nov. 12, 2014

Nov. 12, 2014

39

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)

Nov. 13, 2014

Nov. 13, 2014

40

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)

Nov. 13, 2014

Nov. 13, 2014

41

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)

Nov. 13, 2014

Nov. 13, 2014

43

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)

Nov. 18, 2014

Nov. 18, 2014

44

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)

Nov. 25, 2014

Nov. 25, 2014

45

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)

Nov. 25, 2014

Nov. 25, 2014

46

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)

Dec. 10, 2014

Dec. 10, 2014

47

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)

Dec. 15, 2014

Dec. 15, 2014

48

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)

Dec. 15, 2014

Dec. 15, 2014

49

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)

Dec. 29, 2014

Dec. 29, 2014

50

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)

Dec. 31, 2014

Dec. 31, 2014

51

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)

Jan. 5, 2015

Jan. 5, 2015

52

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)

Jan. 12, 2015

Jan. 12, 2015

53

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)

Jan. 13, 2015

Jan. 13, 2015

54

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)

Jan. 16, 2015

Jan. 16, 2015

55

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)

Jan. 16, 2015

Jan. 16, 2015

56

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)

Jan. 21, 2015

Jan. 21, 2015

57

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)

Jan. 22, 2015

Jan. 22, 2015

58

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)

Jan. 22, 2015

Jan. 22, 2015

59

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)

Jan. 23, 2015

Jan. 23, 2015

60

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)

Feb. 9, 2015

Feb. 9, 2015

61

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)

July 9, 2015

July 9, 2015

62

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

July 17, 2015

July 17, 2015

63

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)

July 20, 2015

July 20, 2015

64

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)

July 20, 2015

July 20, 2015

65

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

July 30, 2015

July 30, 2015

66

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)

July 30, 2015

July 30, 2015

69

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)

Aug. 10, 2015

Aug. 10, 2015

71

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)

Oct. 27, 2015

Oct. 27, 2015

Case Details

State / Territory: South Carolina

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Oct. 15, 2014

Closing Date: Aug. 10, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are two female South Carolina residents who wish to marry.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of South Carolina, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: $135,275.98

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female