Case: Aaron-Brush v. Bentley

2:14-cv-01091 | U.S. District Court for the Northern District of Alabama

Filed Date: June 10, 2014

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On June 10, 2014, a same-sex couple who had been legally married outside the State of Alabama filed this lawsuit in the U.S. District Court for the Northern District of Alabama, under 42 U.S.C. § 1983, against the State of Alabama. The plaintiffs, represented by the ACLU and private counsel, asked the Court for declaratory and injunctive relief, claiming that Alabama's refusal to recognize the marriages of same-sex couples validly entered into outside of the State violated the Due Process Claus…

On June 10, 2014, a same-sex couple who had been legally married outside the State of Alabama filed this lawsuit in the U.S. District Court for the Northern District of Alabama, under 42 U.S.C. § 1983, against the State of Alabama. The plaintiffs, represented by the ACLU and private counsel, asked the Court for declaratory and injunctive relief, claiming that Alabama's refusal to recognize the marriages of same-sex couples validly entered into outside of the State violated the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.

The plaintiffs were married in Massachusetts in June 2012. They have been together for 17 years and now reside in Alabama. The plaintiffs have a seven-year-old daughter. The plaintiffs' suit challenged the constitutionality of Section 36.03 of the Alabama Constitution and Alabama Code § 30-1-19 which prohibit the State from recognizing the marriages of same-sex couples entered into in other jurisdictions. The plaintiffs claimed that Alabama's refusal to recognize their marriage unlawfully denied them numerous benefits and legal protections available to opposite-sex couples, including the right to make medical decisions for an incapacitated spouse, file joint tax returns, and gain access to health insurance, retirement benefits, property protections, and inheritance.

On September 22, 2014, the District Court for the Northern District of Alabama (Judge R. David Proctor) dismissed the claims against the Alabama governor, granting the parties' joint motion.

On February 5, 2015, in light of the U.S. Supreme Court's pending decision in Obergefell v. Hodges (PB-OH-0003 in this Clearinghouse), Judge Proctor granted the parties' joint motion to amend the scheduling order: all potentially dispositive motions were due by July 31, 2015.

On July 21, 2015 the defendants filed a motion to dismiss this claim on the grounds that the Obergefell decision resolved the question underlying plaintiffs’ claim and that there was no longer a live case or controversy. On October 13, 2015, Judge R. David Proctor dismissed this case without prejudice, and costs were to be taxed against the defendants. 2015 U.S. Dist. LEXIS 189368.

On December 8, 2015, the district court denied plaintiffs’ renewed motion for attorney’s fees. The court held that there had not been any court-ordered change in the legal relationship between the parties, and that the plaintiffs have not shown that they (or their actions) generated any judicial relief. This case had become moot because the defendants voluntarily complied with new law created by decisions in other cases (namely, Obergefell), and the plaintiffs were therefore not "prevailing parties" entitled to an award of attorneys’ fees. The plaintiffs appealed to the Eleventh Circuit on January 5, 2016. 2015 U.S. Dist. LEXIS 189369.

On January 30, 2017, the Eleventh Circuit affirmed the district court’s ruling and concluded that there was no judicially sanctioned change in the relationship of the parties that would justify an award of attorney’s fees. 678 Fed. Appx. 792.

On May 26, 2017, the parties submitted informal notice that counsel no longer sought to pursue costs in this action. There has be no further action on this case.

Summary Authors

Nate West (11/20/2014)

David Hamstra (4/8/2015)

Dawn Lui (12/4/2018)

People


Judge(s)

Lowe, J. Haran (Alabama)

Proctor, R. David (Alabama)

Attorneys(s) for Plaintiff

Crew, Wendy Brooks (Alabama)

Dillard, Joel E. (Alabama)

Esseks, James Dixon (New York)

Livingston, Avery Corinne (Alabama)

Marshall, Randall C (Florida)

Segall, Joshua Steven (Alabama)

Still, Edward (Alabama)

Strangio, Chase (New York)

Judge(s)

Lowe, J. Haran (Alabama)

Proctor, R. David (Alabama)

Attorneys(s) for Plaintiff

Crew, Wendy Brooks (Alabama)

Dillard, Joel E. (Alabama)

Esseks, James Dixon (New York)

Livingston, Avery Corinne (Alabama)

Marshall, Randall C (Florida)

Segall, Joshua Steven (Alabama)

Still, Edward (Alabama)

Strangio, Chase (New York)

Attorneys(s) for Defendant

Byrne, David Bryson Jr. (Alabama)

Davis, James W. (Alabama)

Howell, Laura Elizabeth (Alabama)

McCollum, Frank Timothy (Alabama)

Documents in the Clearinghouse

Document

2:14-cv-01091

Docket [PACER]

May 26, 2017

May 26, 2017

Docket
1

2:14-cv-01091

Complaint

June 10, 2014

June 10, 2014

Complaint
54

2:14-cv-01091

Order

2015 WL 13424524

Dec. 8, 2015

Dec. 8, 2015

Order/Opinion
35

2:14-cv-01091

16-10028

Opinion

Aaron-Brush v. Attorney General State of Alabama

U. S. Court of Appeals for the Eleventh Circuit

Jan. 30, 2017

Jan. 30, 2017

Order/Opinion

Resources

Docket

Last updated Aug. 7, 2022, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Robert Bentley, Julie Magee, Hugh B McCall, Luther Strange, filed by April Aaron Brush, Ginger Aaron Brush. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(AVC) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

2

NOTICE REGARDING CONSENT. (AVC) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

Filing Fee: Filing fee $400.00 receipt_number 1126−2186381−−ALND receipt number B4601053753. related document 1 COMPLAINT against Robert Bentley, Julie Magee, Hugh B McCall, Luther Strange, filed by April Aaron Brush, Ginger Aaron Brush. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(AVC). (Marshall, Randall) Modified on 6/10/2014 (MSN) (Entered: 06/10/2014)

June 10, 2014

June 10, 2014

3

Summons Issued as to Robert Bentley, Julie Magee, Hugh B McCall, Luther Strange; returned to plaintiff for service.(AVC) (Entered: 06/17/2014)

June 17, 2014

June 17, 2014

PHV Fee paid for James Esseks: $50, Receipt# 1126−2191389 (ALND# B4601053912). (Marshall, Randall) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

4

MOTION for Leave to Appear Pro Hac Vice −− James Esseks by April Aaron−Brush, Ginger Aaron−Brush. (Attachments: # 1 Text of Proposed Order)(Marshall, Randall) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

PHV Fee paid for Chase Strangio: $50, Receipt# 1126−2191428 (ALND# B4601053913). (Marshall, Randall) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

5

MOTION for Leave to Appear Pro Hac Vice −− Chase Strangio by April Aaron−Brush, Ginger Aaron−Brush. (Attachments: # 1 Text of Proposed Order)(Marshall, Randall) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

6

ORDER−re: Motions to Appear Pro Hac Vice 4 & 5 . The motions are CONDITIONALLY GRANTED. By 6/25/2014, Attorneys Esseks and Strangio SHALL Certify to the Court that they have read and understand: any local rules applicable in this District; the Alabama State Bar Pledge of Professionalism; and this Court's CM/ECF requirements. Signed by Judge R David Proctor on 6/18/2014. (AVC) (Entered: 06/18/2014)

June 18, 2014

June 18, 2014

7

CERTIFICATE of Counsel− re 6 Order (Attachments: # 1 Affidavit Declaration of James Esseks, # 2 Affidavit Declaration of Chase Strangio)(Marshall, Randall)

June 23, 2014

June 23, 2014

9

MOTION to Dismiss by Robert Bentley, Julie Magee, Hugh B McCall, Luther Strange. (Davis, James) (Entered: 07/14/2014)

July 14, 2014

July 14, 2014

10

ORDER− re: 9 MOTION to Dismiss. The parties SHALL brief the issues raised by the Motion in accordance with "Exhibit B". Pltf's responsive submission shall be filed no later than fourteen (14) calendar days after the entry date of this order. Dfts' reply submissions shall be filed no later than seven (7) calendar days after the responsive submission is filed. Signed by Judge R David Proctor on 7/14/2014. (AVC) (Entered: 07/14/2014)

July 14, 2014

July 14, 2014

11

NOTICE of Appearance by Joshua Steven Segall on behalf of All Plaintiffs (Segall, Joshua) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

12

INITIAL ORDER GOVERNING ALL FURTHER PROCEEDINGS−reminding parties of their obligations under FRCP 26(f) and LR26.1(d)− with appendices attached. Signed by Judge R David Proctor on 7/15/2014. (AVC) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

13

ANSWER to 1 Complaint by Julie Magee, Hugh B McCall, Luther Strange.(Davis, James) (Entered: 07/15/2014)

July 15, 2014

July 15, 2014

14

RESPONSE in Opposition re 9 MOTION to Dismiss filed by April Aaron−Brush, Ginger Aaron−Brush. (Attachments: # 1 Exhibit 1: September 12, 2013, The News Courier, # 2 Exhibit 2: September 11, 2013 (updated December 4, 2013), WSFA 12 News, # 3 Exhibit 3: Hard v. Bentley Complaint, # 4 Exhibit 4: Hard v. Bentley Answer, # 5 Exhibit 5: Executive Order 1996−24)(Marshall, Randall) (Entered: 07/23/2014)

July 23, 2014

July 23, 2014

15

RESPONSE in Support re 9 MOTION to Dismiss filed by Robert Bentley, Julie Magee, Hugh B McCall, Luther Strange. (Attachments: # 1 Exhibit A − Hard − Doc. 48 − Motion to Dismiss Bentley)(Davis, James) (Entered: 07/28/2014)

July 28, 2014

July 28, 2014

16

MOTION for Leave to Submit Additional Material in Support of Their Motion to Dismiss 9 by Robert Bentley, Julie Magee, Hugh B McCall, Luther Strange. (Attachments: # 1 Exhibit A)(Davis, James) (Entered: 07/31/2014)

July 31, 2014

July 31, 2014

17

RESPONSE to Motion re 16 MOTION for Leave to Submit Additional Material in Support of Their Motion to Dismiss 9 filed by April Aaron−Brush, Ginger Aaron−Brush. (Attachments: # 1 Exhibit 6: WSFA 12 News, # 2 Exhibit 7: WAFF.com, # 3 Exhibit 8: ABC 33)(Marshall, Randall) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

18

TEXT ORDER − This matter is before the court on Defendants' Motion for Leave to Submit Additional Material In Support of their Motion to Dismiss 16 . The Motion seeks to submit a Report and Recommendation from Magistrate Judge Katherine Nelson of the Southern District of Alabama [16−1]. Plaintiffs do not opposed the proposed submission, but have filed a response addressing the proposed submission 17 . Therefore, the Motion 16 is GRANTED . The court will consider the additional authority submitted with Defendants' Motion. Signed by Judge R David Proctor on 8/4/2014. (AVC) (Entered: 08/04/2014)

Aug. 4, 2014

Aug. 4, 2014

19

REPORT of Rule 26(f) Planning Meeting. (Marshall, Randall) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

20

ORDER SETTING RULE 16(b) SCHEDULING CONFERENCE for 9/15/2014 at 10:00a.m., in chambers of the undersigned located at the Hugo L Black US Courthouse. Out of town counsel for Pltfs and Dfts may participate in the conference via telephone. The court will initiate the call. Signed by Judge R David Proctor on 9/3/2014. (AVC) (Entered: 09/03/2014)

Sept. 3, 2014

Sept. 3, 2014

Minute Entry for proceedings held before Judge R David Proctor: Scheduling Conference held on 9/15/2014. A separate Scheduling Order will be entered by the court. (KLL) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

22

Joint MOTION to Dismiss Defendant Bentley by Robert Bentley, Julie Magee, Hugh B McCall, Luther Strange. (Davis, James) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

23

ORDER −re: Joint Motion to Dismiss Dft Bentley 22 . The motion is GRANTED. Pltff's claims against Governor Robert Bentley are DISMISSED WITHOUT PREJUDICE. This dismissal shall not affect any other right, claim or cause of action which Pltf has, or may have, against any remaining Dft. Signed by Judge R David Proctor on 9/22/2014. (AVC) (Entered: 09/22/2014)

Sept. 22, 2014

Sept. 22, 2014

24

Joint MOTION for Extension of Time (Amend Scheduling Order) by April Aaron−Brush, Ginger Aaron−Brush. (Marshall, Randall) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

25

AMENDED SCHEDULING ORDER granting 24 Joint MOTION to Amend Scheduling Order. The court's 9/15/2014 Scheduling Order 21 is AMENDED to all potentially dispositive motions should be filed by 7/31/2015. Signed by Judge R David Proctor on 2/5/2015. (AVC) (Entered: 02/05/2015)

Feb. 5, 2015

Feb. 5, 2015

26

Joint MOTION to Set Briefing Schedule by April Aaron−Brush, Ginger Aaron−Brush. (Marshall, Randall) (Entered: 07/08/2015)

July 8, 2015

July 8, 2015

27

TEXT ORDER − This matter is before the court on the parties' Joint Motion to Set Briefing Schedule. 26 This matter is SET for a status conference, in chambers, at 10:00 a.m. on Monday, July 13, 2015 . The parties should be prepared to discuss how this case should proceed. The Clerk of the Court is directed to terminate the Joint Motion. 26 . Signed by Judge R David Proctor on 7/9/2015. (AVC) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

Minute Entry for proceedings held before Judge R David Proctor: Status Conference held on 7/13/2015. By agreement, the parties will file responsive pleadings as directed. (Court Reporter Chanetta Sinkfield.) (KLL) (Entered: 07/13/2015)

July 13, 2015

July 13, 2015

28

NOTICE by Julie Magee, Hugh B McCall, Luther Strange (Attachments: # 1 Exhibit A − Department of Revenue letter dated July 15, 2015, # 2 Exhibit B − Hard v. Strange − Order granting motion to dismiss)(Davis, James) (Entered: 07/16/2015)

July 16, 2015

July 16, 2015

29

RESPONSE to 28 Notice filed by April Aaron−Brush, Ginger Aaron−Brush. (Still, W) (Entered: 07/19/2015)

July 19, 2015

July 19, 2015

30

MOTION to Dismiss for Lack of Jurisdiction by Julie Magee, Hugh B McCall, Luther Strange. (Davis, James) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

31

TEXT ORDER − This matter is before the court on Defendants' Motion to Dismiss. 30 . Plaintiff SHALL respond to Defendants' Motion on or before July 31, 2015 . Defendants may reply on or before August 10, 2015 . Signed by Judge R David Proctor on 7/21/2015. (AVC) (Entered: 07/21/2015)

July 21, 2015

July 21, 2015

32

RESPONSE to 30 Motion to Dismiss and Notice of Proceedings in Eleventh Circuit filed by April Aaron−Brush, Ginger Aaron−Brush. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Still, W) (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

33

REPLY in Support of 30 Motion to Dismiss for Lack of Jurisdiction filed by Julie Magee, Hugh B McCall, Luther Strange. (Attachments: # 1 Exhibit A − Texas letter brief, # 2 Exhibit B − Mississippi letter brief to 5th Circuit)(Davis, James) (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

34

CORECTED Reply in Support of 30 Motion to Dismiss for Lack of Jurisdiction filed by Julie Magee, Hugh B McCall, Luther Strange. (Attachments: # 1 Exhibit A − Texas letter brief, # 2 Exhibit B − Mississippi letter brief to 5th Circuit, # 3 Exhibit C − Alabama AG brief to 11th Circuit)(Davis, James) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

35

NOTICE of Supplemental Authority filed by April Aaron−Brush, Ginger Aaron−Brush. (Attachments: # 1 Exhibit D (Arkansas), # 2 Exhibit E (Nebraska), # 3 Exhibit F (South Dakota))(Still, W) (Entered: 08/11/2015)

Aug. 11, 2015

Aug. 11, 2015

37

NOTICE of Additional Evidence by April Aaron−Brush, Ginger Aaron−Brush (Attachments: # 1 Exhibit Attachment A)(Dillard, Joel) (Entered: 08/14/2015)

Aug. 14, 2015

Aug. 14, 2015

38

THIRD NOTICE of Supplemental Authority by April Aaron−Brush, Ginger Aaron−Brush (Attachments: # 1 Supplement Eleventh Circuit Orders)(Marshall, Randall) (Entered: 08/20/2015)

Aug. 20, 2015

Aug. 20, 2015

39

NOTICE of Additional Information by April Aaron−Brush, Ginger Aaron−Brush (Marshall, Randall) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

40

RESPONSE to 35 , 36 , 37 , 38 , 39 Supplemental Authority filed by Julie Magee, Hugh B McCall, Luther Strange. (Davis, James) (Entered: 08/21/2015)

Aug. 21, 2015

Aug. 21, 2015

41

Fifth NOTICE of Supplemental Authority filed by April Aaron−Brush, Ginger Aaron−Brush. (Attachments: # 1 Exhibit Waters v Ricketts en banc petition)(Still, W) (Entered: 08/26/2015)

Aug. 26, 2015

Aug. 26, 2015

42

TEXT ORDER − This matter is before the court on Plaintiff's Notice of Additional Information 39 regarding the status of a corrected birth certificate. On or before October 13, 2015 , the parties SHALL file a joint status report regarding the status of the corrected birth certificate and any other relief Plaintiffs claim they should be entitled to from Defendants, other than costs and attorneys fees. Signed by Judge R David Proctor on 9/29/2015. (AVC) (Entered: 09/29/2015)

Sept. 29, 2015

Sept. 29, 2015

43

JOINT STATUS REPORT by April Aaron−Brush, Ginger Aaron−Brush. (Attachments: # 1 Exhibit A: Relators Alabama Policy Institute and Alabama Citizens Action Programs Brief Addressing the Effect of Obergefell on this Courts Existing Orders, Case No. 1140460 (Alabama Supreme Court), # 2 Exhibit B: Motion to Exclude the Judicial Inquiry Commission Filing & Request that Chief Justice Moore Not Recuse, Case No. 1140460 (Alabama Supreme Court), # 3 Exhibit C: Respondent Probate Judge Nick Williams Emergency Petition for Declaratory Judgment and/or Protective Order in Light of Jailing of Kentucky Clerk Kim Davis, and Memorandum in Support of Emergency Motion, Case No. 1140460 (Alabama Supreme Court), # 4 Exhibit D: Petition for Declaratory Judgment, Order, and Decree That Alabama Will Honor Same−Sex Marriage Licenses Only if Issued Under the Exclusive Licensing Authority of the United States Government or Sister States Whose State Laws Recognize Same−Sex Marriages, Case No. 1140460 (Alabama Supreme Court))(Marshall, Randall) (Entered: 10/08/2015)

Oct. 8, 2015

Oct. 8, 2015

44

ORDER GRANTING 30 MOTION to Dismiss for Lack of Jurisdiction. This case is DISMISSED WITHOUT PREJUDICE. Costs are TAXED against Defendants, Attorney General Luther Strange, Julie Magee, and John Richardson. Signed by Judge R David Proctor on 10/13/2015. (JLC) (Entered: 10/13/2015)

Oct. 13, 2015

Oct. 13, 2015

45

BILL OF COSTS (taxed against Defendants −− Doc. 44) by April Aaron−Brush, Ginger Aaron−Brush. filed by April Aaron−Brush, Ginger Aaron−Brush (Attachments: # 1 Exhibit 1: fees of the Clerk, # 2 Exhibit 2: deposition transcripts)(Marshall, Randall) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

46

MOTION for Attorney Fees by April Aaron−Brush, Ginger Aaron−Brush. (Marshall, Randall) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

47

MOTION to Extend Time for Appeal by April Aaron−Brush, Ginger Aaron−Brush. (Marshall, Randall) (Entered: 10/26/2015)

Oct. 26, 2015

Oct. 26, 2015

48

ORDER−re: Motion for Attorneys' Fees 46 , and Motion to Extend Time for Appeal 47 . Motion 47 is DENIED. The court DEFERS consideration of Pltfs' Motion for Attorneys' Fees, pending the Eleventh Circuit's disposition of any appeal. Signed by Judge R David Proctor on 10/28/2015. (AVC) (Entered: 10/28/2015)

Oct. 28, 2015

Oct. 28, 2015

49

Renewed MOTION for Attorney Fees by April Aaron−Brush, Ginger Aaron−Brush. (Marshall, Randall) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

50

Brief in Support of 49 Entitlement to Attorneys' Fees, Expenses and Non−Taxable Costs. (Attachments: # 1 Transcript)(Marshall, Randall) (Entered: 11/04/2015)

Nov. 4, 2015

Nov. 4, 2015

52

RESPONSE in Opposition to 49 Renewed Motion for Attorneys' Fees filed by Julie Magee, Hugh B McCall, Luther Strange. (Howell, Laura) (Entered: 11/16/2015)

Nov. 16, 2015

Nov. 16, 2015

53

REPLY Brief in Support of 49 Renewed Motion for Attorney Fees, Expenses and Non−Taxable Costs filed by April Aaron−Brush, Ginger Aaron−Brush. (Marshall, Randall) (Entered: 11/20/2015)

Nov. 20, 2015

Nov. 20, 2015

54

ORDER denying 49 Renewed Motion for Attorneys' Fees. Signed by Judge R David Proctor on 12/8/2015. (AVC) (Entered: 12/08/2015)

Dec. 8, 2015

Dec. 8, 2015

55

NOTICE OF APPEAL as to 54 Order on Motion for Attorney Fees by April Aaron−Brush, Ginger Aaron−Brush. Filing fee $505, Receipt# 1126−2541464 (ALND# B4601067946). (Marshall, Randall) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

56

Transmittal to USCA re: 55 Notice of Appeal. (AVC) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

57

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 55 Notice of Appeal. (AVC) (Entered: 01/05/2016)

Jan. 5, 2016

Jan. 5, 2016

58

USCA Case Number 16−10028−FF for 55 Notice of Appeal. (AVC) (Entered: 01/19/2016)

Jan. 19, 2016

Jan. 19, 2016

59

TRANSCRIPT REQUEST by April Aaron−Brush, Ginger Aaron−Brush (Marshall, Randall) (Entered: 01/25/2016)

Jan. 25, 2016

Jan. 25, 2016

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Alabama certifies that the record is complete for purposes of this appeal re: 55 Notice of Appeal, Appeal No. 16−10028−FF. The entire record on appeal is available electronically.(AVC) (Entered: 03/16/2016)

March 16, 2016

March 16, 2016

60

USCA JUDGMENT as to 55 Notice of Appeal; Before Wilson, and Jill Pryor, Circuit Judges, and Bartle, District Judge affirming the decision of the District Court. Issued as mandate on February 28, 2017 with per curiam opinion attached. (Attachments: # 1 usca opinion)(AVC) (Entered: 02/28/2017)

Feb. 28, 2017

Feb. 28, 2017

61

TEXT ORDER This matter is before the court on the parties' informal notice that counsel no longer seek to pursue costs in this action. Accordingly, the Bill of Costs 45 is deemed MOOT. Signed by Judge R David Proctor on 5/26/2017. (KAM, ) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

Case Details

State / Territory: Alabama

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: June 10, 2014

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are a same-sex couple who were legally married out of state.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Alabama, State

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Family discrimination

Gender identity

Sex discrimination

Sexual orientatation