Case: Romero v. Brown

2:14-cv-00325 | U.S. District Court for the Northern District of Indiana

Filed Date: Sept. 8, 2014

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On September 8, 2014, a same-sex couple filed this lawsuit in the U.S. District Court for the Northern District of Indiana under 42 U.S.C. § 1983 against a county clerk and the Indiana Department of Health. The plaintiffs, represented by private counsel and the Lambda Legal Defense & Education Fund, asked the court for declaratory and injunctive relief, claiming that the state's ban on same-sex marriages violated their 14th Amendment rights to due process and equal protection.The plaintiffs wer…

On September 8, 2014, a same-sex couple filed this lawsuit in the U.S. District Court for the Northern District of Indiana under 42 U.S.C. § 1983 against a county clerk and the Indiana Department of Health. The plaintiffs, represented by private counsel and the Lambda Legal Defense & Education Fund, asked the court for declaratory and injunctive relief, claiming that the state's ban on same-sex marriages violated their 14th Amendment rights to due process and equal protection.

The plaintiffs were legally married in Illinois, but Indiana refused to recognize their marriage as part of its same-sex marriage ban. The couple claimed that the state's ban injured them by denying them "access to all protections, benefits, rights, and responsibilities afforded to married persons and their children under state law."

After the 7th Circuit Court of Appeals struck down Indiana's same-sex marriage ban in Baskin v. Bogan , 2014 WL 4359059, the plaintiffs in this case moved for a temporary restraining order to force Indiana to recognize their out-of-state marriage. But before the Court (Judge Joseph Van Bokkelen) ruled on the motion, the parties jointly stipulated that Indiana would recognize the plaintiffs' marriage while Bogan was pending appeal before the Supreme Court.

On September 11, 2014, the Court denied as moot Plaintiffs' Motion for a Temporary

Restraining Order and stayed the case pending final resolution in Bogan. The court stated that once the Bogan appeal was resolved, Plaintiff should move to lift the stay.

On October 6, 2014, the Supreme Court denied certiorari in the Bogan case, 135 S. Ct. 316. Therefore, the Seventh Circuit's ruling in favor of the plaintiff couple in Borgan was upheld.

The plaintiffs filed voluntary notice of dismissal on December 19, 2014. The case is now closed.

Summary Authors

Andrew Junker (12/8/2014)

Virginia Weeks (2/18/2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5481576/parties/romero-v-brown/


Judge(s)

Cherry, Paul R. (Indiana)

Van Bokkelen, Joseph S. (Indiana)

Attorneys(s) for Plaintiff

Dollens, Lucy R. (Indiana)

Hearon, James Michael (Indiana)

Hunter, Steven V. (Illinois)

Taylor, Camilla B. (Illinois)

Attorneys(s) for Defendant

Arthur, David A. (Indiana)

Schwer, Melinda J (Indiana)

Tiller, Nancy Moore (Indiana)

Judge(s)

Cherry, Paul R. (Indiana)

Van Bokkelen, Joseph S. (Indiana)

Attorneys(s) for Plaintiff

Dollens, Lucy R. (Indiana)

Hearon, James Michael (Indiana)

Hunter, Steven V. (Illinois)

Taylor, Camilla B. (Illinois)

Attorneys(s) for Defendant

Arthur, David A. (Indiana)

Schwer, Melinda J (Indiana)

Tiller, Nancy Moore (Indiana)

Documents in the Clearinghouse

Document

2:14-cv-00325

Docket [Pacer]

Dec. 31, 2014

Dec. 31, 2014

Docket
1

2:14-cv-00325

Complaint

Sept. 8, 2014

Sept. 8, 2014

Complaint
14

2:14-cv-00325

Order Staying Case

Sept. 11, 2014

Sept. 11, 2014

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5481576/romero-v-brown/

Last updated Aug. 2, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 400 receipt number 0755-2441135.), filed by Veronica Romero, Mayra Y. Rivera. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons)(Hearon, James) Modified on 9/9/2014 title text (rmn). (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

2

MOTION for Temporary Restraining Order by Plaintiffs Mayra Y. Rivera, Veronica Romero. (Hearon, James) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

3

MEMORANDUM in Support of 2 MOTION for Temporary Restraining Order filed by Mayra Y. Rivera, Veronica Romero. (Attachments: # 1 Exhibit A)(Hearon, James) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

4

NOTICE by Mayra Y. Rivera, Veronica Romero re 2 MOTION for Temporary Restraining Order (Hearon, James) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

5

NOTICE of Appearance by James Michael Hearon on behalf of Mayra Y. Rivera, Veronica Romero (Hearon, James) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

6

NOTICE of Appearance by Lucy R Dollens on behalf of All Plaintiffs (Dollens, Lucy) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

7

CERTIFICATE OF SERVICE by Mayra Y. Rivera, Veronica Romero (Hearon, James) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

Judge Joseph S Van Bokkelen and Magistrate Judge Paul R Cherry added - NEW CASE (TRO). (rmn) (Entered: 09/09/2014)

Sept. 8, 2014

Sept. 8, 2014

8

Summons Issued as to Michael A. Brown, William C. VanNess, II. NOTE:The attached document is accessible by court personnel only. Summons forms that were electronically submitted to the court for issuance will be returned to counsel via e- mail. (Note: Summons to Gregory Zoeller was not completed by pla and therefore was not issued and atty was notified) (Attachments: # 1 Summons Issued No 2)(rmn) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

9

SUPPLEMENT to 1 Complaint, Summons to Gregory F. Zoeller filed by Mayra Yvette Rivera, Veronica Romero. (Hearon, James) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

10

NOTICE of Appearance by David A Arthur on behalf of William C. VanNess, II, Gregory F Zoeller (Arthur, David) (Entered: 09/09/2014)

Sept. 9, 2014

Sept. 9, 2014

11

NOTICE of Appearance by Melinda J Schwer on behalf of William C. VanNess, II, Gregory F Zoeller (Schwer, Melinda) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

12

Joint STIPULATION by all parties, to enter order by Defendants William C. VanNess, II, Gregory F Zoeller. (Attachments: # 1 Addendum Proposed order)(Arthur, David) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

13

NOTICE of Appearance by Nancy M. Tiller on behalf of Michael A. Brown (Tiller, Nancy) (Entered: 09/10/2014)

Sept. 10, 2014

Sept. 10, 2014

15

NOTICE of Voluntary Dismissal by All Plaintiffs (Hearon, James) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

CASE DISMISSED pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. (der) (Entered: 12/31/2014)

Dec. 31, 2014

Dec. 31, 2014

14

OPINION AND ORDER DENYING AS MOOT 2 Motion for TRO. Court ORDERS the Clerk to stay this case. Once Bogan appeal is resolved, Plaintiff should move to lift the stay. Signed by Judge Joseph S Van Bokkelen on 9/11/14. (mc)

Sept. 11, 2014

Sept. 11, 2014

RECAP

Case Details

State / Territory: Indiana

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 8, 2014

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A married same-sex couple

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

Lake County Clerk (Lake), County

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)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Other requirements regarding hiring, promotion, retention

Issues

General:

Access to public accommodations - governmental

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Sex discrimination

Sexual orientatation

Affected Gender:

Female

Male

Benefit Source:

Social Security Retirement and Death Benefit