Case: Lawson v. Jackson County Department of Recorder of Deeds

4:14-cv-00622 | U.S. District Court for the Western District of Missouri

Filed Date: June 24, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On June 24, 2014, plaintiffs, two same-sex couples living in Missouri, filed a lawsuit in the Circuit Court of Jackson County, Missouri Sixteenth Judicial Circuit under 42 U.S.C. § 1983 against the Director of Jackson County Department of Recorder of Deeds in his official capacity. The plaintiffs, represented by the ACLU of Missouri Foundation, asked the court for declaratory and injunctive relief, claiming that the State of Missouri's laws barring same-sex marriage violated the Equal Protectio…

On June 24, 2014, plaintiffs, two same-sex couples living in Missouri, filed a lawsuit in the Circuit Court of Jackson County, Missouri Sixteenth Judicial Circuit under 42 U.S.C. § 1983 against the Director of Jackson County Department of Recorder of Deeds in his official capacity. The plaintiffs, represented by the ACLU of Missouri Foundation, asked the court for declaratory and injunctive relief, claiming that the State of Missouri's laws barring same-sex marriage violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the U.S. Constitution. Specifically, plaintiffs argued that the bans deprived them of the fundamental right to marry under the Due Process Clause, made impermissible distinctions based on gender under the Equal Protection Clause, and would not pass rational basis review under the Equal Protection Clause.

The Jackson County Recorder of Deeds had denied plaintiffs' marriage license applications solely because their relationships were same-sex. In response, plaintiffs brought suit asking the court to declare Missouri's same-sex marriage bans unconstitutional and to issue an injunction directing the defendant to issue marriage licenses to same-sex couples with otherwise valid applications.

On July 11, 2014, the Circuit Court (Judge Edith L. Messina) granted the Missouri Attorney General's uncontested motion to intervene as a matter of right on the state's behalf. Four days later, the Attorney General filed a notice of removal in the U.S. District Court for the Western District of Missouri, which moved the case to federal court. From then on, the Attorney General handled the defense on behalf of the state and the Recorder of Deeds.

On November 7, 2014, the District Court for the Western District of Missouri (Judge Ortrie D. Smith) held that Missouri's same-sex marriage bans violated the Equal Protection and Due Process Clauses of the Fourteenth Amendment and it permanently enjoined the defendant at the Recorder of Deeds from denying marriage license applications based on the applicants' gender. Lawson v. Kelly, No. 14-0622-CV-W-ODS, 2014 WL 5810215, (W.D. Mo. 2014). The district court, however, dismissed one count in the plaintiff's complaint, which said that same-sex marriage bans did not pass rational basis review. This argument, the court held, was precluded by the decision in Citizens for Equal Protection v. Bruning, 455 F.3d 859, 867-68 (8th Cir. 2006). The district court stayed the effects of its judgment until the judgment was final. Plaintiffs filed a motion to lift the stay, which the district court denied.

On December 5, 2014, the Attorney General filed a notice of appeal for the district court's November 7th order (No. 14-3779). On December 8, the plaintiffs filed a notice of cross-appeal for the count in its complaint (No. 14-3880), which the district court had dismissed. On the same day, the district court awarded plaintiffs attorneys' fees ($$31,610), expenses ($165.30), and costs ($100), staying the order pending completion of all appeals.

On January 22, 2015, the United States Court of Appeals for the Eighth Circuit denied the same-sex couples’ motion to vacate the district court's stay and the opposing party's motion to stay the appeal. Instead, the Eighth Circuit granted the same-sex couples' alternative motion to expedite the appeal.

Argument was set both in this case and in two other same-sex marriage cases, Rosenbrahn v. Daugaard (PB-SD-0001 in this Clearinghouse) and Jernigan v. McDaniel (PB-AR-0004 in this Clearinghouse), for the second week of May, but on April 29, 2015, the Court of Appeals deferred further consideration of the cases until after the Supreme Court rendered a decision in Obergefell v. Hodges, in June 2015 (PB-OH-0003 in this Clearinghouse).

On June 26, 2015, the day after the Obergefell decision by the Supreme Court, the parties moved to dismiss the case. On July 1, 2015, the Eight Circuit granted the State of Missouri’s motion to dismiss its appeal and also granted appellees/cross-appellants' motion to dismiss their cross-appeal in No. 14-3880. The appellees/cross-appellants' motion to vacate the district court's stay order was denied as moot. On July 2, the district court granted the plaintiffs’ second motion to vacate the stay of its November 7, 2014 judgment, and lifted the stay on the same day.

On July 24, 2015, the appellees/cross-appellants’ motion for attorney’s fees was granted, at the amount of $27,883.50.

The case is now closed.

Summary Authors

David Hamstra (3/15/2015)

Dawn Lui (12/4/2018)

Related Cases

Jernigan v. Crane, Eastern District of Arkansas (2013)

Rosenbrahn v. Daugaard, District of South Dakota (2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5128329/parties/lawson-v-kelly/


Judge(s)

Messina, Edith L (Missouri)

Smith, Ortrie D. (Missouri)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Doty, Grant R. (Missouri)

McNulty, Andrew (Missouri)

Rothert, Anthony [Tony] E. (Missouri)

Wilcox, Gillian R. (Missouri)

Attorneys(s) for Defendant

Haden, Jay (Missouri)

Morgan, Jeremiah J. (Missouri)

Other Attorney(s)

Active

Judge(s)

Messina, Edith L (Missouri)

Smith, Ortrie D. (Missouri)

Attorneys(s) for Plaintiff

Block, Joshua A (New York)

Doty, Grant R. (Missouri)

McNulty, Andrew (Missouri)

Rothert, Anthony [Tony] E. (Missouri)

Wilcox, Gillian R. (Missouri)

Attorneys(s) for Defendant

Haden, Jay (Missouri)

Morgan, Jeremiah J. (Missouri)

Other Attorney(s)

Bermann, Grant A. (New York)

Boccuzzi, Carmine Daniel (New York)

Eber, Alexandra (New York)

Francois, Aderson B. (District of Columbia)

Lightner, Mark A. (New York)

Lowell, Abbe David (District of Columbia)

Man, Christopher (District of Columbia)

Seiling, Brad W. (California)

Shatz, Benjamin G. (California)

Stiles, Marsha A. (Missouri)

Documents in the Clearinghouse

Document

Docket [PACER]

Lawson v. Kelly

July 2, 2015 Docket

Docket

Lawson v. Kelly

U. S. Court of Appeals for the Eighth Circuit

July 24, 2015 Docket

Docket

Lawson v. State of Missouri

U. S. Court of Appeals for the Eighth Circuit

July 24, 2015 Docket
1-1

Petition for Declaratory and Injunctive Relief

Lawson v. Kelly

Missouri state trial court

July 15, 2014 Complaint
50

Order and Opinion

Lawson v. Kelly

58 F.Supp.3d 923, 2014 WL 5810215

Nov. 7, 2014 Order/Opinion
63

Order Awarding Plaintiffs Fees and Costs and Staying Award Pending Conclusion of All Appeals

Lawson v. State of Missouri

Dec. 8, 2014 Order/Opinion

Resources

Title Description External URL

Lawson v. Jackson County Department of Recorder of Deeds

ACLU Missouri

On June 24, the ACLU of Missouri filed a petition in Jackson County on behalf of two couples (Angela Curtis & Shannon McGinty and Kyle Lawson and Evan Dahlgren), who wanted to get married but were de… June 30, 2014 https://www.aclu-mo.org/en/node/123

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5128329/lawson-v-kelly/

Last updated May 20, 2022, 3:59 a.m.

ECF Number Description Date Link
50

ORDER AND OPINION (1) GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS, (2) GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT, (3) GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PERMANENT INJUNCTION, AND (4) STAYING EFFECT OF JUDGMENT PENDING COMPLETION OF APPEALS. (Re: 7 , 20 , and 28 ) Signed on 11/7/14 by District Judge Ortrie D. Smith. (Matthes, Renea)

Nov. 7, 2014 RECAP
1

NOTICE OF REMOVAL from Circuit Court of Jackson County, Missouri County, case number 1416−cv15024, State of Missouri. Filing fee $ 400, receipt number 0866−4018798.(Morgan, Jeremiah) (Main Document 1 replaced on 7/16/2014) (Houston, Kiambu). (Additional attachment(s) added on 7/16/2014: # 1 State Court Petition, # 2 Exhibit, # 3 Exhibit, # 4 Civil Cover Sheet) (Houston, Kiambu). (Entered: 07/15/2014)

July 15, 2014
2

ANSWER to Complaint on behalf of State of Missouri.(Morgan, Jeremiah) (Entered: 07/15/2014)

July 15, 2014
3

NOTICE of appearance by Anthony E. Rothert on behalf of Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty (Attorney Anthony E. Rothert added to party Angela Curtis(pty:pla), Attorney Anthony E. Rothert added to party Evan Dahlgren(pty:pla), Attorney Anthony E. Rothert added to party Kyle Lawson(pty:pla), Attorney Anthony E. Rothert added to party Shannon L McGinty(pty:pla))(Rothert, Anthony) (Entered: 07/15/2014)

July 15, 2014
4

NEW NOTICE OF INCLUSION FOR MEDIATION AND ASSESSMENT PROGRAM (MAP). REVIEW NEW NOTICE AND NEW MAP GENERAL ORDER CAREFULLY FOR IMPORTANT CHANGES, DEADLINES AND REQUIREMENTS. Notice of MAP assignment to Program Director. (Attachments: # 1 MAP General Order)(Houston, Kiambu) (Entered: 07/16/2014)

July 16, 2014
5

Defendant Kelly's ANSWER to Complaint Plaintiff's Petition for Declaratory and Injunctive Relief on behalf of Robert T Kelly.(Attorney Jay Haden added to party Robert T Kelly(pty:dft))(Haden, Jay) (Entered: 07/22/2014)

July 22, 2014
6

Rule 16 Notice. Proposed scheduling order due by 10/14/2014. Rule 26 conference due by 9/30/2014. Signed on 7/22/2014 by District Judge Ortrie D. Smith. (Hopkins, Karen) (Entered: 07/22/2014)

July 22, 2014
7

MOTION for judgment on the pleadings filed by Jeremiah J. Morgan on behalf of State of Missouri. Suggestions in opposition/response due by 8/22/2014 unless otherwise directed by the court. (Morgan, Jeremiah) (Entered: 08/05/2014)

Aug. 5, 2014
8

SUGGESTIONS in support re 7 MOTION for judgment on the pleadings filed by Jeremiah J. Morgan on behalf of Intervenor State of Missouri. (Related document(s) 7 ) (Morgan, Jeremiah) (Entered: 08/05/2014)

Aug. 5, 2014
9

MOTION to remand filed by Anthony E. Rothert on behalf of Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. Suggestions in opposition/response due by 8/29/2014 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 08/12/2014)

Aug. 12, 2014
10

SUGGESTIONS in support re 9 MOTION to remand filed by Anthony E. Rothert on behalf of Plaintiffs Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2)(Related document(s) 9 ) (Rothert, Anthony) (Entered: 08/12/2014)

Aug. 12, 2014
11

MOTION for extension of time to file response/reply as to 7 MOTION for judgment on the pleadings filed by Anthony E. Rothert on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/8/2014 unless otherwise directed by the court. (Related document(s) 7 ) (Rothert, Anthony) (Entered: 08/20/2014)

Aug. 20, 2014
13

CERTIFICATE OF SERVICE by Robert T Kelly for Defendant's Answer to Plaintiffs' First Interrogatories filed by Jay Haden on behalf of Defendant Robert T Kelly.(Haden, Jay) (Entered: 08/20/2014)

Aug. 20, 2014
14

NOTICE of filing DEFENDANT KELLYS CONFIRMATION OF CONSENT TO REMOVAL by Robert T Kelly (Haden, Jay) (Entered: 08/20/2014)

Aug. 20, 2014
15

CERTIFICATE OF SERVICE by State of Missouri for Defendant/Intervenor's Answer to Plaintiffs' First Interrogatories filed by Jeremiah J. Morgan on behalf of Intervenor State of Missouri.(Morgan, Jeremiah) (Entered: 08/20/2014)

Aug. 20, 2014
16

SUGGESTIONS in opposition re 9 MOTION to remand filed by Jeremiah J. Morgan on behalf of Intervenor State of Missouri. Reply suggestions due by 9/15/2014 unless otherwise directed by the court (Related document(s) 9 ) (Morgan, Jeremiah) (Entered: 08/28/2014)

Aug. 28, 2014
17

MOTION for leave to file excess pages filed by Anthony E. Rothert on behalf of Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. Suggestions in opposition/response due by 9/22/2014 unless otherwise directed by the court. (Attachments: # 1 proposed suggestions in opposition to missouri's motion for judgment on the pleadings)(Rothert, Anthony) (Entered: 09/05/2014)

Sept. 5, 2014
18

ORDER granting 17 motion for leave to file excess pages. Plaintiffs shall have three business days to electronically file their Suggestions in Opposition to Defendant's Motion for Judgment on the Pleadings. Signed on 9/5/14 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached.(Wolfe, Steve) (Entered: 09/05/2014)

Sept. 5, 2014
19

SUGGESTIONS in opposition re 7 MOTION for judgment on the pleadings filed by Anthony E. Rothert on behalf of Plaintiffs Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. Reply suggestions due by 9/22/2014 unless otherwise directed by the court (Related document(s) 7 ) (Rothert, Anthony) (Entered: 09/05/2014)

Sept. 5, 2014
20

MOTION for summary judgment filed by Anthony E. Rothert on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/29/2014 unless otherwise directed by the court (Rothert, Anthony) (Entered: 09/05/2014)

Sept. 5, 2014
21

MOTION for leave to file excess pages filed by Anthony E. Rothert on behalf of All Plaintiffs. Suggestions in opposition/response due by 9/22/2014 unless otherwise directed by the court. (Attachments: # 1 proposed suggestions in support of motion for summary judgmnet, # 2 Exhibit Ex. A to suggestions in support of motion for summary judgment, # 3 Exhibit Ex. B to suggestions in support of motion for summary judgment, # 4 Exhibit Ex. C to suggestions in support of motion for summary judgment, # 5 Exhibit Ex. D to suggestions in support of motion for summary judgment, # 6 Exhibit Ex. E to suggestions in support of motion for summary judgment, # 7 Exhibit Ex. F to suggestions in support of motion for summary judgment)(Rothert, Anthony) (Entered: 09/05/2014)

Sept. 5, 2014
22

ORDER granting 21 motion for leave to file excess pages. Plaintiffs shall have three business days to electronically file the Suggestions in Support of their Motion for Summary Judgment attached as an exhibit to this motion. Signed on 9/9/14 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached.(Wolfe, Steve) (Entered: 09/09/2014)

Sept. 9, 2014
23

SUGGESTIONS in support re 20 MOTION for summary judgment filed by Anthony E. Rothert on behalf of Plaintiffs Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. (Attachments: # 1 Exhibit Ex. A − Lawson Affidavit, # 2 Exhibit Ex. B − Dahlgren Affidavit, # 3 Exhibit Ex. C − Curtis Affidavit, # 4 Exhibit Ex. D − McGinty Affidavit, # 5 Exhibit Ex. E − Missouri Census Snapshot: 2010, # 6 Exhibit Ex. F − Kelly Response to Interrogatories)(Related document(s) 20 ) (Rothert, Anthony) (Entered: 09/09/2014)

Sept. 9, 2014
25

ORDER granting 24 motion to vacate deadlines. The deadlines for conducting a Rule 26 Conference, exchanging Rule 26 information, and filing a Joint Proposed Scheduling Order are vacated. Signed on 9/10/14 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached.(Wolfe, Steve) (Entered: 09/10/2014)

Sept. 10, 2014
26

Consent MOTION to withdraw document 9 MOTION to remand filed by Anthony E. Rothert on behalf of Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. Suggestions in opposition/response due by 9/29/2014 unless otherwise directed by the court. (Related document(s) 9 ) (Rothert, Anthony) (Entered: 09/10/2014)

Sept. 10, 2014
27

ORDER granting 26 motion to withdraw document; withdrawing 9 motion to remand. Signed on 9/11/14 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached.(Wolfe, Steve) (Entered: 09/11/2014)

Sept. 11, 2014
28

MOTION for permanent injunction filed by Anthony E. Rothert on behalf of Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. Suggestions in opposition/response due by 10/2/2014 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 09/15/2014)

Sept. 15, 2014
29

SUGGESTIONS in support re 28 MOTION for permanent injunction filed by Anthony E. Rothert on behalf of Plaintiffs Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. (Related document(s) 28 ) (Rothert, Anthony) (Entered: 09/15/2014)

Sept. 15, 2014
30

SUGGESTIONS in opposition to motion for summary judgment re 28 MOTION for permanent injunction , 20 MOTION for summary judgment and in support of Intervenor's Motion for Judgment on the Pleadings filed by Marsha I Stiles on behalf of Amicus Missouri Family Policy Council. Reply suggestions due by 10/6/2014 unless otherwise directed by the court. (Related document(s) 28 , 20 ) (Attorney Marsha I Stiles added to party Missouri Family Policy Council(pty:am))(Stiles, Marsha) (Entered: 09/17/2014)

Sept. 17, 2014
31

REPLY SUGGESTIONS to motion re 7 MOTION for judgment on the pleadings filed by Jeremiah J. Morgan on behalf of Intervenor State of Missouri. (Related document(s) 7 ) (Morgan, Jeremiah) (Entered: 09/19/2014)

Sept. 19, 2014
32

MOTION for extension of time filed by Jeremiah J. Morgan on behalf of State of Missouri. Suggestions in opposition/response due by 10/17/2014 unless otherwise directed by the court. (Morgan, Jeremiah) (Entered: 09/30/2014)

Sept. 30, 2014
33

RESPONSE to motion re 32 MOTION for extension of time (no opposition) filed by Anthony E. Rothert on behalf of Plaintiffs Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. Reply suggestions due by 10/20/2014 unless otherwise directed by the court (Rothert, Anthony) (Entered: 10/02/2014)

Oct. 2, 2014
34

ORDER granting 32 motion for extension of time.Suggestions in opposition/response to Plaintiffs' Motion for Summary Judgment due by 10/21/2014 unless otherwise directed by the court. Signed on 10/2/14 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached.(Wolfe, Steve) (Entered: 10/02/2014)

Oct. 2, 2014
35

MOTION for extension of time to file response/reply as to 28 MOTION for permanent injunction filed by Jeremiah J. Morgan on behalf of State of Missouri. Suggestions in opposition/response due by 10/20/2014 unless otherwise directed by the court. (Related document(s) 28 ) (Morgan, Jeremiah) (Entered: 10/02/2014)

Oct. 2, 2014
36

ORDER finding as moot 35 motion for extension of time to file response/reply. Signed on 10/3/14 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached.(Wolfe, Steve) (Entered: 10/03/2014)

Oct. 3, 2014
38

MOTION for leave to file surreply to motion for judgment on the pleadings filed by Anthony E. Rothert on behalf of Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. Suggestions in opposition/response due by 10/27/2014 unless otherwise directed by the court. (Attachments: # 1 proposed surreply)(Rothert, Anthony) (Entered: 10/09/2014)

Oct. 9, 2014
39

ORDER (1) clarifying status of Missouri Family Policy Council and (2) granting 38 motion for leave to file surreply. Signed on 10/10/14 by District Judge Ortrie D. Smith. (Wolfe, Steve) (Entered: 10/10/2014)

Oct. 10, 2014
40

STIPULATION by Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty, State of Missouri. (Rothert, Anthony) (Entered: 10/14/2014)

Oct. 14, 2014
41

Motion to allow Joshua Block to appear pro hac vice (Pro Hac fee $100 receipt number 0866−4128283) filed by Anthony E. Rothert on behalf of Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. (Rothert, Anthony) (Entered: 10/20/2014)

Oct. 20, 2014
42

ORDER granting 41 motion to appear pro hac vice approved by Clerk of Court. Attorney Joshua A Block for Angela Curtis,Joshua A Block for Evan Dahlgren,Joshua A Block for Kyle Lawson,Joshua A Block for Shannon L McGinty allowed to appear pro hac vice. This entry will serve as authorization for the pro hac participation by the attorney. This is a TEXT ONLY ENTRY. No document is attached.(Martin, Jan) (Entered: 10/20/2014)

Oct. 20, 2014
43

SUGGESTIONS in opposition to motion for summary judgment re 20 MOTION for summary judgment filed by Jeremiah J. Morgan on behalf of Intervenor State of Missouri. Reply suggestions due by 11/7/2014 unless otherwise directed by the court. (Related document(s) 20 ) (Morgan, Jeremiah) (Entered: 10/21/2014)

Oct. 21, 2014
44

NOTICE of appearance by Andrew McNulty on behalf of All Plaintiffs (Attorney Andrew McNulty added to party Angela Curtis(pty:pla), Attorney Andrew McNulty added to party Evan Dahlgren(pty:pla), Attorney Andrew McNulty added to party Kyle Lawson(pty:pla), Attorney Andrew McNulty added to party Shannon L McGinty(pty:pla))(McNulty, Andrew) (Entered: 10/21/2014)

Oct. 21, 2014
45

REPLY SUGGESTIONS to motion re 20 MOTION for summary judgment filed by Anthony E. Rothert on behalf of Plaintiffs Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. (Related document(s) 20 ) (Rothert, Anthony) (Entered: 10/22/2014)

Oct. 22, 2014
46

MOTION to withdraw reference request for oral argument filed by Anthony E. Rothert on behalf of Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. Suggestions in opposition/response due by 11/10/2014 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 10/22/2014)

Oct. 22, 2014
47

ORDER granting 37 motion for leave to submit supplemental authority; granting 46 motion to withdraw request for oral argument. Signed on 10/29/14 by District Judge Ortrie D. Smith. This is a TEXT ONLY ENTRY. No document is attached.(Wolfe, Steve) (Entered: 10/29/2014)

Oct. 29, 2014
48

SUPPLEMENT (notice of amended opinion and citation in Barrier v. Vasterling) . (Related document(s) 20 ) (Rothert, Anthony) (Entered: 11/02/2014)

Nov. 2, 2014
49

NOTICE of filing Correspondence to Honorable Ortrie D. Smith by State of Missouri (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Morgan, Jeremiah) (Entered: 11/06/2014)

Nov. 6, 2014
51

CLERK'S JUDGMENT (Matthes, Renea) (Entered: 11/07/2014)

Nov. 7, 2014
52

Consent MOTION to stay deadlines for filing of motion for attorneys' fees and bill of costs pending completion of any appeals filed by Anthony E. Rothert on behalf of Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. Suggestions in opposition/response due by 12/1/2014 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 11/12/2014)

Nov. 12, 2014
53

ORDER denying 52 motion to stay; extending deadline for filing motion for attorney fees and bill of costs. Signed on 11/12/14 by District Judge Ortrie D. Smith. (Wolfe, Steve) (Entered: 11/12/2014)

Nov. 12, 2014
54

PROPOSED BILL OF COSTS by Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty.Objections to Bill of Costs due by 12/5/2014 (Rothert, Anthony) (Entered: 11/18/2014)

Nov. 18, 2014
55

MOTION for attorney fees filed by Anthony E. Rothert on behalf of Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. Suggestions in opposition/response due by 12/5/2014 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 11/18/2014)

Nov. 18, 2014
56

SUGGESTIONS in support re 55 MOTION for attorney fees filed by Anthony E. Rothert on behalf of Plaintiffs Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. (Attachments: # 1 Exhibit Ex. 1 − Affidavit of Anthony E. Rothert with attachments, # 2 Exhibit Ex. 2 − Affidavit of Grant R. Doty with attachment, # 3 Exhibit Ex. 3 − Affidavit of Gillian R. Wilcox with attachment)(Related document(s) 55 ) (Rothert, Anthony) (Entered: 11/18/2014)

Nov. 18, 2014
57

MOTION to lift stay without opposition by Defendant; with no position by Intervenor filed by Anthony E. Rothert on behalf of Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. Suggestions in opposition/response due by 12/8/2014 unless otherwise directed by the court. (Rothert, Anthony) (Entered: 11/21/2014)

Nov. 21, 2014
58

ORDER denying 57 motion to lift stay. Signed on 11/25/14 by District Judge Ortrie D. Smith. (Wolfe, Steve) (Entered: 11/25/2014)

Nov. 25, 2014
59

SUGGESTIONS in opposition re 55 MOTION for attorney fees filed by Jeremiah J. Morgan on behalf of Intervenor State of Missouri. Reply suggestions due by 12/22/2014 unless otherwise directed by the court (Related document(s) 55 ) (Morgan, Jeremiah) (Entered: 12/05/2014)

Dec. 5, 2014
60

NOTICE OF APPEAL by State of Missouri. Filing fee $ 505, receipt number 0866−4182488. (Attachments: # 1 Order dated November 7, 2014, # 2 Judgment dated November 7, 2014)(Morgan, Jeremiah) (Entered: 12/05/2014)

Dec. 5, 2014
61

TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document 60 Notice of Appeal. (Crespo, Wil) (Entered: 12/08/2014)

Dec. 8, 2014
62

REPLY SUGGESTIONS to motion re 55 MOTION for attorney fees filed by Anthony E. Rothert on behalf of Plaintiffs Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. (Related document(s) 55 ) (Rothert, Anthony) (Entered: 12/08/2014)

Dec. 8, 2014
63

ORDER awarding Plaintiffs fees and costs and staying award pending conclusion of all appeals. Signed on 12/8/14 by District Judge Ortrie D. Smith. (Wolfe, Steve) (Entered: 12/08/2014)

Dec. 8, 2014
64

NOTICE OF CROSS APPEAL as to 51 Clerk's Judgment, 50 Order on Motion for Judgment on the Pleadings, Order on Motion for Summary Judgment, Order on Motion for Permanent Injunction,,, by Angela Curtis, Evan Dahlgren, Kyle Lawson, Shannon L McGinty. Filing fee $ 505, receipt number 0866−4184669. (Attachments: # 1 Order on Cross−Motions, # 2 Judgment)(Rothert, Anthony) (Entered: 12/08/2014)

Dec. 8, 2014
66

USCA Case Number from 8th Circuit Court of Appeals is 14−3779 for 60 Notice of Appeal filed by State of Missouri. (Crespo, Wil) (Entered: 12/10/2014)

Dec. 10, 2014
67

USCA Case Number from 8th Circuit Court of Appeals is 14−3780 for 64 Notice of Cross Appeal, filed by Angela Curtis, Evan Dahlgren, Shannon L McGinty, Kyle Lawson. (Crespo, Wil) (Entered: 12/10/2014)

Dec. 10, 2014
68

AMENDED CLERK'S JUDGMENT (Matthes, Renea) (Entered: 12/15/2014)

Dec. 15, 2014
69

Second MOTION to lift stay re 50 Order on Motion for Judgment on the Pleadings, Order on Motion for Summary Judgment, Order on Motion for Permanent Injunction,,, filed by Anthony E. Rothert on behalf of All Plaintiffs. Suggestions in opposition/response due by 7/17/2015 unless otherwise directed by the court. (Attachments: # 1 Exhibit order of Eighth Circuit lifting its own stay in Waters v. rickets, # 2 Exhibit order of the United States District Court for the Western District of Texas lifting its stay in De Leon v. Perry)(Related document(s) 50 ) (Rothert, Anthony) (Entered: 06/30/2015)

June 30, 2015
70

USCA Judgment as to 60 Notice of Appeal filed by State of Missouri, 64 Notice of Cross Appeal, filed by Angela Curtis, Evan Dahlgren, Shannon L McGinty, Kyle Lawson This is a preliminary judgment of U.S. Court of Appeals; jurisdiction is not recovered until the Mandate is issued by the U.S Court of Appeals. The State of Missouri's motion to dismiss its appeal in No. 14−3779 is granted. Appellees/Cross−Appellants' motion to dismiss their cross−appeal in No. 14−3880 is also granted. (Crespo, Wil) (Entered: 07/01/2015)

July 1, 2015
71

MANDATE of US COURT OF APPEALS as to 60 Notice of Appeal filed by State of Missouri, 64 Notice of Cross Appeal, filed by Angela Curtis, Evan Dahlgren, Shannon L McGinty, Kyle Lawson with mandate issued on 7/1/15. (Crespo, Wil) (Entered: 07/01/2015)

July 1, 2015
72

ORDER granting 69 motion to lift stay. Signed on 7/2/2015 by District Judge Ortrie D. Smith. (Hopkins, Karen) (Entered: 07/02/2015)

July 2, 2015

State / Territory: Missouri

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: June 24, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Same-sex couples living in Missouri.

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

Jackson County Department of Recorder of Deeds (Jackson), County

State of Missouri, State

Defendant Type(s):

Jurisdiction-wide

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

Damages

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $27,883.50

Content of Injunction:

Discrimination Prohibition

Issues

General:

Gay/lesbian/transgender

Marriage

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

Discrimination-basis:

Sexual orientatation