Case: Rosenbrahn v. Daugaard

4:14-cv-04081 | U.S. District Court for the District of South Dakota

Filed Date: May 22, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On May 22, 2014, the plaintiffs, a group of same-sex couples, filed this lawsuit in the U.S. District Court for the District of South Dakota, under 42 U.S.C. § 1983, against various state and county officials. The plaintiffs included both same-sex couples with valid out-of-state marriage licenses and same-sex couples seeking to get married in South Dakota. Represented by private counsel, they sought a declaratory judgment that South Dakota's constitutional and statutory bans on same-sex marriag…

On May 22, 2014, the plaintiffs, a group of same-sex couples, filed this lawsuit in the U.S. District Court for the District of South Dakota, under 42 U.S.C. § 1983, against various state and county officials. The plaintiffs included both same-sex couples with valid out-of-state marriage licenses and same-sex couples seeking to get married in South Dakota. Represented by private counsel, they sought a declaratory judgment that South Dakota's constitutional and statutory bans on same-sex marriage violated their rights to equal protection and due process under the Fourteenth Amendment of the U.S. Constitution as well as their right to travel. The plaintiffs also sought a permanent injunction prohibiting the defendants from enforcing the state's same-sex marriage bans or from declining to issue a marriage license because the applicants were of the same sex.

On November 14, 2014, the District Court (Judge Karen E. Schreier), on defendant's motion, dismissed the plaintiffs' right-to-travel claim. The plaintiffs had argued that South Dakota's same-sex marriage ban violated their right to travel by creating two Americas: one group of states where plaintiffs could travel and enjoy the protections that come with marriage and another group of states (including South Dakota) where they couldn't travel without being stripped of their marital status and accompanying legal protections. The District Court (Judge Karen E. Schreier) rejected this argument; the burden that plaintiffs identified applied equally to new and existing citizens of South Dakota and was dissimilar to cases in which a violation of the right to travel was found. 61 F.Supp.3d 845.

On January 12, 2015, the District Court (Judge Karen E. Schreier) held that South Dakota's same-sex marriage bans violated the Constitution, granting the plaintiffs' motion for summary judgment and denying the defendants' motion for summary judgment. Over the plaintiffs' objections, however, the court stayed the effects of the judgment pending appeal, citing the substantial and novel legal questions at stake. Thus, unlike in many states, no same-sex marriages occurred in South Dakota. 61 F.Supp.3d 862.

On January 26, 2015, the defendants filed a notice of appeal to the U.S. Court of Appeals for the Eighth Circuit. A few days later, the Eighth Circuit granted the parties' joint motion for an expedited appeal.

On February 10, 2015, the plaintiffs filed a motion to vacate the stay in the district court. On March 2, 2015, Judge Schreier denied this motion. She concluded that once the defendants filed their notice of appeal, jurisdiction over most issues in the case, including the stay, were transferred to the Court of Appeals. Therefore, the plaintiffs could file their motion to vacate the stay only in the Eighth Circuit, not in the district court.

The Eighth Circuit ordered on April 29, 2015 that they would defer consideration of this case, pending the expected June 2015 resolution in the Supreme Court of Obergefell v. Hodges. While this case was pending, the plaintiffs filed a suggestion to summarily affirm a motion to vacate the stay, and the defendants filed a suggestion of mootness and a motion to vacate the District Court's judgment.

On August 11, 2015, the Eighth Circuit held in a Per Curiam opinion that the Supreme Court's decision in Obergefell v. Hodges did not render this case moot, and affirmed the District Court's decision in favor of the plaintiffs. Although South Dakota made assurances of complying with the Court's ruling in Obergefell v. Hodges, the Eighth Circuit held that the assurances did not rendered the case moot. However, the Court did hold that the assurances may have had an impact on the necessity of the injunctive relief previously granted to the plaintiffs, but denied the current motion pending by plaintiffs, leaving that discretion to the District Court. 799 F.3d 918.

Back in District Court on September 9, 2015, Judge Schreier granted the plaintiffs' motion to vacate the stay in light of the mandate from the Eighth Circuit. On September 28th, the Judge Schreier from the District Court granted the plaintiffs' motion for attorney's fees and costs. Two days later, on September 30th, the Eighth Circuit awarded the plaintiffs' appellate attorney's fees and costs. The exact amount of attorney's fees and costs granted is not available in Pacer. A satisfaction of judgment was ordered by the District Court on October 13, 2015. This case is now closed.

Summary Authors

David Hamstra (2/22/2015)

Mackenzie Walz (3/16/2018)

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5178426/parties/rosenbrahn-v-daugaard/


Judge(s)

Benton, William Duane (Missouri)

Schreier, Karen E. (South Dakota)

Smith, Lavenski R. (Arkansas)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Engel, Timothy M. (South Dakota)

Minter, Shannon (California)

Newville, Joshua A (Maryland)

Riggins, Kylie (South Dakota)

Stoll, Christopher (California)

Voigt, M. Debra (South Dakota)

Judge(s)

Benton, William Duane (Missouri)

Schreier, Karen E. (South Dakota)

Smith, Lavenski R. (Arkansas)

Wollman, Roger Leland (South Dakota)

Attorneys(s) for Plaintiff

Engel, Timothy M. (South Dakota)

Minter, Shannon (California)

Newville, Joshua A (Maryland)

Riggins, Kylie (South Dakota)

Stoll, Christopher (California)

Voigt, M. Debra (South Dakota)

Attorneys(s) for Defendant

Anderson, Robert B. (South Dakota)

Bailey, Ellie J. (South Dakota)

Bell, Justin Lee (South Dakota)

Giedd, Roxanne (South Dakota)

Hallem, Jeffrey P. (South Dakota)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 13, 2015 Docket
1

Complaint for Permanent Injunction and Declaratory Relief

May 22, 2014 Complaint
38

Order Granting In Part And Denying In Part Defendants’ Motion To Dismiss

61 F.Supp.3d 845, 2014 WL 6386903, 2014 U.S.Dist.LEXIS 160340

Nov. 14, 2014 Order/Opinion
50

Order Granting Plaintiffs' Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment

61 F.Supp.3d 862, 2015 WL 144567, 2015 U.S.Dist.LEXIS 4018

Jan. 12, 2015 Order/Opinion
68

Order Denying Motion to Vacate

2015 U.S.Dist.LEXIS 25856

March 2, 2015 Order/Opinion

Opinion

Rosenbrahn v Daugaard

U. S. Court of Appeals for the Eighth Circuit

799 F.3d 918

Aug. 11, 2015 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5178426/rosenbrahn-v-daugaard/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT FOR PERMANENT INJUNCTION AND DECLARATORY RELIEF filed by Monica Serling−Swank, Greg Kniffen, Clay Schweitzer, Barbara Wright, Jennie Rosenbrahn, Mark Church, Krystal Cosby, Nancy Rosenbrahn, Lynn Serling−Swank, Kaitlynn Hoerner, Ashley Wright, Jeremy Coller. (DJP) (Entered: 05/22/2014)

May 22, 2014
38

ORDER granting in part and denying in part 10 Motion to Dismiss. Signed by U.S. District Judge Karen E. Schreier on 11/14/2014. (KC)

Nov. 14, 2014 RECAP
2

CIVIL COVER SHEET. (DJP) (Entered: 05/22/2014)

May 22, 2014
50

ORDER granting 20 Motion for Summary Judgment; denying 43 Motion for Summary Judgment; granting 46 Motion for judicial notice. Signed by U.S. District Judge Karen E. Schreier on 1/12/2015. (KC)

Jan. 12, 2015 RECAP
68

ORDER denying 65 Motion to Vacate ; denying as moot 66 Motion to Expedite. Signed by U.S. District Judge Karen E. Schreier on 3/2/2015. (KC)

March 2, 2015 RECAP
3

Filing fee received: Fee Amount: $500.00 ($400 for filing fee, $100 for PHV fee) Receipt No.: #32929. (DJP) (Entered: 05/22/2014)

May 22, 2014
4

Summons Issued as to All Defendants (handed one true copy of each to Attorney Voigt) (DJP) (Entered: 05/22/2014)

May 22, 2014
5

MOTION for Attorney Joshua A. Newville to be Admitted Pro Hac Vice by All Plaintiffs. (DJP) (Entered: 05/22/2014)

May 22, 2014
6

ORDER granting 5 Motion for Admission Pro Hac Vice of Attorney Joshua A. Newville for Mark Church, Jeremy Coller, Krystal Cosby, Kaitlynn Hoerner, Greg Kniffen, Jennie Rosenbrahn, Nancy Rosenbrahn, Clay Schweitzer, Lynn Serling−Swank, Monica Serling−Swank, Ashley Wright, Barbara Wright. Signed by U.S. District Judge Karen E. Schreier on 5/27/14. (SLW) (Entered: 05/27/2014)

May 27, 2014
7

NOTICE of Appearance by Justin Lee Bell on behalf of Donna Mayer, Carol Sherman. (Bell, Justin) (Entered: 06/10/2014)

June 10, 2014
8

NOTICE of dismissal of party Donna Mayer by Mark Church, Jeremy Coller, Krystal Cosby, Kaitlynn Hoerner, Greg Kniffen, Jennie Rosenbrahn, Nancy Rosenbrahn, Clay Schweitzer, Lynn Serling−Swank, Monica Serling−Swank, Ashley Wright, Barbara Wright . (Voigt, Debra) Modified to add text on 6/17/2014 (JLS). (Entered: 06/16/2014)

June 16, 2014
9

(FILED IN ERROR) MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(6) by Doneen Hollingsworth, Marty Jackley, Trevor Jones, Carol Sherman. (Giedd, Roxanne) Modified to add text on 6/18/2014 (JLS). (Entered: 06/17/2014)

June 17, 2014

NOTICE of Filing Error: 9 Motion to Dismiss was filed in error and should be disregarded. (Giedd, Roxanne) (Entered: 06/17/2014)

June 17, 2014
10

MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(6) by Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones, Carol Sherman. (Giedd, Roxanne) (Entered: 06/17/2014)

June 17, 2014
11

MEMORANDUM in Support re 10 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(6) filed by Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones, Carol Sherman. (Giedd, Roxanne) (Entered: 06/17/2014)

June 17, 2014
12

Amicus Curiae Supporting Gay Marriage in South Dakota by Amicus Larry Pressler. (SLW) (Entered: 06/18/2014)

June 18, 2014
13

AMICUS BRIEF by Amicus Walter D. Geiszler. (SLW) (Entered: 06/27/2014)

June 27, 2014
14

AMICUS BRIEF by Amicus Darren Matthes. (JLS) (Entered: 06/27/2014)

June 27, 2014
15

MOTION for Leave to File Excess Pages To Extend Word Count by Jennie Rosenbrahn. (Voigt, Debra) (Entered: 07/02/2014)

July 2, 2014
17

TEXT ORDER granting 15 Motion for Leave to File Excess Pages. Signed by U.S. District Judge Karen E. Schreier on 07/02/2014. (KC) (Entered: 07/02/2014)

July 2, 2014
18

MOTION for Attorney Shannon P. Minter to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869−1823322), by Mark Church, Jeremy Coller, Krystal Cosby, Kaitlynn Hoerner, Greg Kniffen, Jennie Rosenbrahn, Nancy Rosenbrahn, Clay Schweitzer, Lynn Serling−Swank, Monica Serling−Swank, Ashley Wright, Barbara Wright. (Voigt, Debra) Modified text on 7/7/2014 (JLS). (Entered: 07/03/2014)

July 3, 2014
19

MOTION for Attorney Christopher Stoll to be Admitted Pro Hac Vice (paid $100 PHV fee; receipt number 0869−1823323) by Mark Church, Jeremy Coller, Krystal Cosby, Kaitlynn Hoerner, Greg Kniffen, Jennie Rosenbrahn, Nancy Rosenbrahn, Clay Schweitzer, Lynn Serling−Swank, Monica Serling−Swank, Ashley Wright, Barbara Wright. (Voigt, Debra) (Entered: 07/03/2014)

July 3, 2014
20

MOTION for Summary Judgment by Mark Church, Jeremy Coller, Krystal Cosby, Kaitlynn Hoerner, Greg Kniffen, Jennie Rosenbrahn, Nancy Rosenbrahn, Clay Schweitzer, Lynn Serling−Swank, Monica Serling−Swank, Ashley Wright, Barbara Wright. (Voigt, Debra) (Entered: 07/03/2014)

July 3, 2014
21

AFFIDAVIT in Support re 20 MOTION for Summary Judgment filed by All Plaintiffs. (Attachments: # 1 Exhibit − House State Affairs Committee Monitor Report Form − dated 1/24/96, # 2 Exhibit − 2006 Ballot Question Pamphlet, # 3 Exhibit − Declaration of Jennie Rosenbrahn, # 4 Exhibit − Declaration of Nancy Rosenbrahn, # 5 Exhibit − Supplemental Application for Name Change, # 6 Exhibit − Declaration of Jeremy Coller, # 7 Exhibit − Declaration of Clay Schweitzer, # 8 Exhibit − Declaration of Lynn Serling−Swank, # 9 Exhibit − Declaration of Monica Serling−Swank, # 10 Exhibit − Declaration of Krystal Cosby, # 11 Exhibit − Declaration of Kaitlynn Hoerner, # 12 Exhibit − Declaration of Barbara Wright, # 13 Exhibit − Declaration of Ashley Wright, # 14 Exhibit − Declaration of Greg Kniffen, # 15 Exhibit − Declaration of Mark Church)(Voigt, Debra) Modified to add exhibit description on 7/8/2014 (JLS). (Entered: 07/03/2014)

July 3, 2014
22

(FILED IN ERROR) STATEMENT OF Undisputed MATERIAL FACTS re 20 Motion for Summary Judgment, by Plaintiffs Monica Serling−Swank, Greg Kniffen, Clay Schweitzer, Barbara Wright, Jennie Rosenbrahn, Mark Church, Krystal Cosby, Nancy Rosenbrahn, Lynn Serling−Swank, Kaitlynn Hoerner, Ashley Wright, Jeremy Coller filed by All Plaintiffs. (Voigt, Debra) Modified to update text on 7/10/2014 (JLS). (Entered: 07/03/2014)

July 3, 2014
23

MEMORANDUM in Support re 20 MOTION for Summary Judgment filed by All Plaintiffs. (Voigt, Debra) (Entered: 07/03/2014)

July 3, 2014
24

MEMORANDUM in Opposition re 10 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(6) filed by All Plaintiffs. (Voigt, Debra) (Entered: 07/03/2014)

July 3, 2014
25

REQUEST for Hearing on Motion by Plaintiffs Mark Church, Jeremy Coller, Krystal Cosby, Kaitlynn Hoerner, Greg Kniffen, Jennie Rosenbrahn, Nancy Rosenbrahn, Clay Schweitzer, Lynn Serling−Swank, Monica Serling−Swank, Ashley Wright, Barbara Wright re 20 MOTION for Summary Judgment . (Voigt, Debra) (Entered: 07/07/2014)

July 7, 2014
26

ORDER granting 18 Motion for Admission Pro Hac Vice of Shannon P. Minter; granting 19 Motion for Admission Pro Hac Vice of Christopher F. Stoll. Signed by U.S. District Judge Karen E. Schreier on 7/7/2014. (KC) (Entered: 07/07/2014)

July 7, 2014
27

STATEMENT OF Undisputed MATERIAL FACTS re 20 Motion for Summary Judgment, by Plaintiffs Monica Serling−Swank, Greg Kniffen, Clay Schweitzer, Barbara Wright, Jennie Rosenbrahn, Mark Church, Krystal Cosby, Nancy Rosenbrahn, Lynn Serling−Swank, Kaitlynn Hoerner, Ashley Wright, Jeremy Coller filed by All Plaintiffs. (Voigt, Debra) (Entered: 07/08/2014)

July 8, 2014

NOTICE of Filing Error: 22 Statement of Material Facts, was filed in error and should be disregarded. (Voigt, Debra) (Entered: 07/09/2014)

July 9, 2014
29

REPLY to 23 Memorandum in Support of Motion filed by Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones. (Giedd, Roxanne) (Entered: 07/14/2014)

July 14, 2014
30

MEMORANDUM in Opposition re 28 MOTION to Extend Deadlines and Motion to Defer Response to Plaintiff's Motion for Summary Judgment filed by All Plaintiffs. (Voigt, Debra) (Entered: 07/15/2014)

July 15, 2014
31

ORDER granting 28 Defendants' Motion to Extend Deadline to respond to plaintiffs' motion for summary judgment until 10 days after the court has ruled on the motion to dismiss for good cause shown. Signed by U.S. District Judge Karen E. Schreier on July 24, 2014. (Schreier, Karen) (Entered: 07/24/2014)

July 24, 2014
32

ORDER Setting Hearing on Motion 10 . MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(6) . Motion Hearing set for 10/17/2014 at 09:00 AM in Sioux Falls Courtroom 2* before U.S. District Judge Karen E. Schreier. Signed by U.S. District Judge Karen E. Schreier on 10/8/2014. (KC) (Entered: 10/08/2014)

Oct. 8, 2014
33

Motion Hearing held on 10/17/2014 re 10 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(6) filed by Trevor Jones, Dennis Daugaard, Carol Sherman, Marty Jackley, Doneen Hollingsworth before U.S. District Judge Karen E. Schreier (Court Reporter Jill Connelly) (DJP) (Entered: 10/17/2014)

Oct. 17, 2014
34

SUPPLEMENT by Defendants Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones re 10 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(6) . (Attachments: # 1 Exhibit Exhibit A − Decision and Order Ada Conde−Vidal et al v Alejandro Garcia−Padilla)(Giedd, Roxanne) (Entered: 10/24/2014)

Oct. 24, 2014
35

JOINDER by Defendant Carol Sherman re 34 Supplement, . (Bell, Justin) (Entered: 10/27/2014)

Oct. 27, 2014
36

SUPPLEMENT by Defendants Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones of Later Case Authority in Support of Defendants' Motion to Dismiss (Doc. 10) . (Attachments: # 1 Exhibit A − Opinion and Order in DeBoer v Snyder)(Giedd, Roxanne) (Entered: 11/07/2014)

Nov. 7, 2014
37

JOINDER by Defendant Carol Sherman re 36 Supplement, . (Bell, Justin) (Entered: 11/07/2014)

Nov. 7, 2014
39

UNOPPOSED MOTION for Leave to Exceed Page Limitation by Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones, Carol Sherman. (Giedd, Roxanne) Modified by editing docket text on 11/17/2014 (DLC). (Entered: 11/17/2014)

Nov. 17, 2014
40

ORDER granting 39 Motion for Leave to exceed page limitation. Signed by U.S. District Judge Karen E. Schreier on 11/17/2014. (KC) (Entered: 11/17/2014)

Nov. 17, 2014
41

RESPONSE to Motion re 20 MOTION for Summary Judgment filed by Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones. (Giedd, Roxanne) (Entered: 11/25/2014)

Nov. 25, 2014
42

DEFENDANTS' ANSWER to 1 Complaint, by Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones. (Giedd, Roxanne) (Entered: 11/25/2014)

Nov. 25, 2014
43

MOTION for Summary Judgment by Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones. (Giedd, Roxanne) (Entered: 11/25/2014)

Nov. 25, 2014
44

MEMORANDUM in Support re 43 MOTION for Summary Judgment filed by Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones. (Giedd, Roxanne) (Entered: 11/25/2014)

Nov. 25, 2014
46

MOTION FOR JUDICIAL NOTICE by Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones. (Attachments: # 1 Attachment 1 − 1862 Laws of Dakota Territory Act Regulating Marriage ch 59, # 2 Attachment 2 − 1883 Laws of Dakota Territory Husband and Wife − When May Sell and Encumber Property, Ch. 68, # 3 Attachment 3 − 1890 SD Session Laws, Ch 105, incorporating territorial laws, # 4 Attachment 4 − 1890 SD Session Laws ch 109, # 5 Attachment 5 − SD 1903 Revised Code, Civil Code, Part 3, # 6 Attachment 6 (Part 1) − SD 1919 Code Personal Relations, # 7 Attachment 6 (Part 2) − SD 1919 Code Personal Relations, # 8 Attachment 8 − 1961 SD Session Law ch 52, # 9 Attachment 9 − 1975 SD Session Laws Ch 178, # 10 Attachment 9 − 1975 SD Session Laws, ch 178, # 11 Attachment 10 − 1993 SD Session Laws ch 191, # 12 Attachment 11 − 1996 SD Session laws, ch 161, # 13 Attachment 12 − SD Session Laws 2000, ch. 115, # 14 Attachment 13 − Table of State Marriage Definitions)(Giedd, Roxanne) (Entered: 11/25/2014)

Nov. 25, 2014
47

REPLY to Motion Response re 20 MOTION for Summary Judgment and Response to 43 Defendants' Motion for Summary Judgment filed by All Plaintiffs. (Voigt, Debra) Modified by creating link to Doc. 43 on 12/2/2014 (DLC). (Entered: 12/01/2014)

Dec. 1, 2014
48

RESPONSE to Motion re 46 MOTION FOR JUDICIAL NOTICE and Notice of Non−Opposition filed by All Plaintiffs. (Voigt, Debra) (Entered: 12/02/2014)

Dec. 2, 2014
49

REPLY to 47 Reply to Motion Response filed by Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones. (Giedd, Roxanne) (Entered: 12/08/2014)

Dec. 8, 2014
51

JUDGMENT in favor of Ashley Wright, Barbara Wright, Clay Schweitzer, Greg Kniffen, Jennie Rosenbrahn, Jeremy Coller, Kaitlynn Hoerner, Krystal Cosby, Lynn Serling−Swank, Mark Church, Monica Serling−Swank, Nancy Rosenbrahn against Carol Sherman, Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones. Signed by U.S. District Judge Karen E. Schreier on 1/12/2015. (KC) (Entered: 01/12/2015)

Jan. 12, 2015
52

NOTICE of Appearance by Ellie J. Bailey on behalf of Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones. (Bailey, Ellie) (Entered: 01/13/2015)

Jan. 13, 2015
53

Joint MOTION to Extend Deadlines To Petition For Attorneys' Fees and Costs by Mark Church, Jeremy Coller, Krystal Cosby, Kaitlynn Hoerner, Greg Kniffen, Jennie Rosenbrahn, Nancy Rosenbrahn, Clay Schweitzer, Lynn Serling−Swank, Monica Serling−Swank, Ashley Wright, Barbara Wright. (Voigt, Debra) Modified by editing docket text on 1/26/2015 (DLC). (Entered: 01/26/2015)

Jan. 26, 2015
54

TEXT ORDER granting 53 Motion to Extend Deadlines for any request for costs or fees. Signed by U.S. District Judge Karen E. Schreier on 1/26/2015. (KC) (Entered: 01/26/2015)

Jan. 26, 2015
56

NOTICE OF APPEAL as to 50 Order on Motion for Summary Judgment,, Order on Motion for Miscellaneous Relief, 51 Judgment, by Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones, Carol Sherman. (SAT) (Entered: 01/27/2015)

Jan. 26, 2015
58

Filing fee received: Fee Amount: $505.00, Receipt No.: #SDX300002337. (SAT) (Entered: 01/27/2015)

Jan. 26, 2015
55

NOTICE of Appearance by Kylie M. Riggins on behalf of All Plaintiffs. (Riggins, Kylie) (Entered: 01/27/2015)

Jan. 27, 2015
57

TRANSMITTAL of Notice of Appeal to 8th Circuit Court of Appeals re 56 Notice of Appeal (SAT) (Entered: 01/27/2015)

Jan. 27, 2015
60

ORDER of USCA granting parties' joint motion to expedite appeal as to 56 Notice of Appeal filed by Trevor Jones, Dennis Daugaard, Carol Sherman, Marty Jackley, Doneen Hollingsworth (TAL) (Entered: 02/03/2015)

Feb. 3, 2015
61

TRANSCRIPT of Proceedings re 33 Motion Hearing, held on 10−17−2014 before Judge Karen E. Schreier. Court Reporter/Transcriber: Jill Connelly, Telephone number 605−330−6669. Transcript may be viewed at the Clerk's Office 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. Redaction Request due 3/2/2015. Redacted Transcript Deadline set for 3/12/2015. Release of Transcript Restriction set for 5/8/2015. (JC) (Entered: 02/04/2015)

Feb. 4, 2015
62

NOTICE of Filing of Official Transcript re: 33 Motion Hearing,. Notice mailed to non−ecf counsel. (JC) (Entered: 02/04/2015)

Feb. 4, 2015
63

Letter from Clerk's office to COA enclosing Doc. 61 (Transcript of Motions Hearing held 10−17−14) (DJP) (Entered: 02/05/2015)

Feb. 5, 2015
64

FILED IN ERROR Emergency MOTION to Vacate Stay on Judgment by Mark Church, Jeremy Coller, Krystal Cosby, Kaitlynn Hoerner, Greg Kniffen, Jennie Rosenbrahn, Nancy Rosenbrahn, Clay Schweitzer, Lynn Serling−Swank, Monica Serling−Swank, Ashley Wright, Barbara Wright. (Voigt, Debra) Modified by editing docket text on 2/11/2015 (DLC). (Entered: 02/10/2015)

Feb. 10, 2015

NOTICE of Filing Error: 64 Motion to Vacate, was filed in error and should be disregarded. (Voigt, Debra) (Entered: 02/10/2015)

Feb. 10, 2015
65

Emergency MOTION to Vacate Stay on Judgment by Mark Church, Jeremy Coller, Krystal Cosby, Kaitlynn Hoerner, Greg Kniffen, Jennie Rosenbrahn, Nancy Rosenbrahn, Clay Schweitzer, Lynn Serling−Swank, Monica Serling−Swank, Ashley Wright, Barbara Wright. (Voigt, Debra) (Entered: 02/10/2015)

Feb. 10, 2015
66

MOTION to Expedite Response Deadline on Plaintiffs' Emergency Motion to Vacate Stay of Judgment by Mark Church, Jeremy Coller, Krystal Cosby, Kaitlynn Hoerner, Greg Kniffen, Jennie Rosenbrahn, Nancy Rosenbrahn, Clay Schweitzer, Lynn Serling−Swank, Monica Serling−Swank, Ashley Wright, Barbara Wright. (Riggins, Kylie) (Entered: 02/12/2015)

Feb. 12, 2015
67

RESPONSE to Motion re 65 Emergency MOTION to Vacate Stay on Judgment filed by Dennis Daugaard, Doneen Hollingsworth, Marty Jackley, Trevor Jones, Carol Sherman. (Attachments: # 1 Exhibit A − US 8th Cir Court of Appeals − Case Nos. 14−13779 and 14−3780 Lawson, et al. v. Kelly, et al. − Order denying Appelles' Motion to Vacate Stay and granting Motion to Expedite appeal dated 01/22/15, # 2 Exhibit B − 8th Cir Court of Appeals − Case No. 15−1186 − Rosenbrahn, et al. v. Daugaard, et al. − Case No. 15−1186 − Order granting parties' joint motion to expedite appeal and notice of oral agrument dated this 02/03/15)(Hallem, Jeffrey) (Entered: 02/13/2015)

Feb. 13, 2015
69

ORDER of USCA as to 56 Notice of Appeal filed by Trevor Jones, Dennis Daugaard, Carol Sherman, Marty Jackley, Doneen Hollingsworth (SAT) (Entered: 03/12/2015)

March 11, 2015
70

ORDER of USCA as to 56 Notice of Appeal filed by Trevor Jones, Dennis Daugaard, Carol Sherman, Marty Jackley, Doneen Hollingsworth (SAT) (Entered: 03/12/2015)

March 11, 2015
71

ORDER of USCA deferring consideration of case pending Supreme Court ruling in Nos. 14−556, 15−562, 14−571 & 14−574 as to 56 Notice of Appeal filed by Trevor Jones, Dennis Daugaard, Carol Sherman, Marty Jackley, Doneen Hollingsworth (TAL) (Entered: 04/30/2015)

April 29, 2015
73

Per Curiam OPINION of USCA as to 56 Notice of Appeal filed by Trevor Jones, Dennis Daugaard, Carol Sherman, Marty Jackley, Doneen Hollingsworth (TAL) (Entered: 08/11/2015)

Aug. 11, 2015
74

JUDGMENT of USCA affirming the District Court judgment as to 56 Notice of Appeal filed by Trevor Jones, Dennis Daugaard, Carol Sherman, Marty Jackley, Doneen Hollingsworth (TAL) (Entered: 08/11/2015)

Aug. 11, 2015
75

Joint MOTION to Extend Deadlines to Petition for Attorneys' Fees and Costs by Mark Church, Jeremy Coller, Krystal Cosby, Walter D. Geiszler, Kaitlynn Hoerner, Greg Kniffen, Darren Matthes, Larry Pressler, Jennie Rosenbrahn, Nancy Rosenbrahn, Clay Schweitzer, Lynn Serling−Swank, Monica Serling−Swank, Ashley Wright, Barbara Wright. (Voigt, Debra) (Entered: 09/01/2015)

Sept. 1, 2015
76

ORDER granting 75 Motion to Extend Deadlines to petition for attorneys' fees and costs for good cause shown and agreement of the parties. Notwithstanding any other provision of law, including without limitation Fed. R. Civ. P. 54 and Local Rule 54.1, the deadline for any requests concerning attorneys fees or costs is extended until 11:59 PM on October 1, 2015. Signed by U.S. District Judge Karen E. Schreier on September 2, 2015. (Schreier, Karen) (Entered: 09/02/2015)

Sept. 2, 2015
77

NOTICE of Appearance by Timothy M. Engel on behalf of Dennis Daugaard, Marty Jackley, Trevor Jones, Kimberley Malsam−Rysdon. (Engel, Timothy) (Entered: 09/02/2015)

Sept. 2, 2015
78

MANDATE from 8th Circuit COA affirming the decision of the District Court as to 56 Notice of Appeal filed by Trevor Jones, Dennis Daugaard, Carol Sherman, Marty Jackley, Doneen Hollingsworth (TAL) (Entered: 09/09/2015)

Sept. 9, 2015
79

ORDER granting 72 Motion to Vacate Stay in light of receipt of the Mandate from the Eighth Circuit Court of Appeals. Signed by U.S. District Judge Karen E. Schreier on September 9, 2015. (Schreier, Karen) (Entered: 09/09/2015)

Sept. 9, 2015
80

Joint MOTION for Attorney Fees and Costs by Mark Church, Jeremy Coller, Krystal Cosby, Kaitlynn Hoerner, Greg Kniffen, Jennie Rosenbrahn, Nancy Rosenbrahn, Clay Schweitzer, Lynn Serling−Swank, Monica Serling−Swank, Ashley Wright, Barbara Wright. (Attachments: # 1 Text of Proposed Order Ex A: Proposed Order)(Voigt, Debra) (Entered: 09/25/2015)

Sept. 25, 2015
81

ORDER granting 80 Motion for Attorney Fees. Signed by U.S. District Judge Karen E. Schreier on 9/28/15. (DJP) (Entered: 09/28/2015)

Sept. 28, 2015
82

ORDER of USCA Awarding Appellate Attorney's Fees and Costs as to 56 Notice of Appeal filed by Trevor Jones, Dennis Daugaard, Carol Sherman, Marty Jackley, Doneen Hollingsworth (TAL) (Entered: 10/01/2015)

Sept. 30, 2015
83

SATISFACTION OF JUDGMENT re 81 Order on Motion for Attorney Fees by Dennis Daugaard, Marty Jackley, Trevor Jones, Kimberley Malsam−Rysdon (Engel, Timothy) (Entered: 10/13/2015)

Oct. 13, 2015

State / Territory: South Dakota

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: May 22, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Same-sex couples with valid out-of-state marriage licenses and same-sex couples seeking to get married in South Dakota

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Lesbian Rights (NCLR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of South Dakota, 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

Right to travel

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Reporting

Issues

General:

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Sexual orientatation