Case: Texas v. United States

7:15-cv-00056 | U.S. District Court for the Northern District of Texas

Filed Date: March 18, 2015

Clearinghouse coding complete

Case Summary

On March 18, 2015, Texas Attorney General Ken Paxton, along with the Attorneys General from the states of Arkansas, Louisiana, and Nebraska, filed this federal lawsuit in the U.S. District Court for the Northern District of Texas. The case, brought against the U.S. Department of Labor (DOL), asked the court to strike down the DOL final rule defining "spouse" for purposes of the Family and Medical Leave Act, 29 U.S.C. § 2611. The FMLA defines "spouse" as "a husband or wife, as the case may be.…

On March 18, 2015, Texas Attorney General Ken Paxton, along with the Attorneys General from the states of Arkansas, Louisiana, and Nebraska, filed this federal lawsuit in the U.S. District Court for the Northern District of Texas. The case, brought against the U.S. Department of Labor (DOL), asked the court to strike down the DOL final rule defining "spouse" for purposes of the Family and Medical Leave Act, 29 U.S.C. § 2611.

The FMLA defines "spouse" as "a husband or wife, as the case may be." 29 U.S.C. § 2611(13). In 1993, the Department's Interim Final Rule defined "spouse" as "a husband or wife as defined or recognized under state law for purposes of marriage in states where it is recognized." 58 Fed. Reg. 31817, 31835 (June 4, 1993). The 1995 Final Rule clarified that the law of the State where the employee resides would control for the purpose of determining eligibility for FMLA spousal leave. 80 Fed. Reg. 9990 (Feb. 25, 2015). Under the new rule, 29 C.F.R. Part 825, the FMLA moved from a "state of residence" to a "place of celebration" rule for the definition of spouse. That means that it would cover same-sex spouses if their marriage took place in a state that recognizes same-sex marriage, even if they lived in (or moved to) a state that does not recognize same-sex marriage. The rule, described here, was scheduled to become effective on March 27, 2015.

On March 26, 2015, the day before the rule's effective date, the District Court (Judge Reed O'Connor) entered a preliminary injunction barring its enforcement. It's unclear whether that order applies to application of the rule outside of Texas, or outside of the states that are parties. The court granted defendants’ request for a hearing, and scheduled it for April 10, 2015. 95 F. Supp. 3d 965, 2015 WL 1378752, 2015 U.S. Dist. LEXIS 38264.

On April 24, 2015, the states of Louisiana, Georgia, Texas, Nebraska and Arkansas filed a second amended complaint. The plaintiff states alleged that: (1) the Windsor decision affirmed states’ authority to define and regulate marriage, a principle embodied in the full faith and credit statute; (2) the DOL’s Final Rule ignores that that the federal full faith and credit statute expressly reserves the right to the States to refuse to recognize as marriages same-sex unions performed under the laws of other States; (3) by requiring plaintiff states to recognise out-of-state same-sex marriage for the purposes of the FMLA, the DOL is interfering with plaintiff states’ enforcement of their duly enacted law by forcing plaintiff states to violate either state law or a federal regulation; (4) the Final Rule conflicts with the federal full faith and credit statute and the Windsor decision; (5) Congress did not pre-empt state law defining marriage in the FMLA; and (6) the new rule harms the states as well as employers within the states. The plaintiff states sought a declaratory judgment that the Final Rule is unlawful under the Administrative Procedure Act and that it unlawfully attempts to abrogate state sovereign immunity, and requested temporary relief in enjoining the Final Rule from taking effect on March 27, 2015.

On April 27, 2015, the district court stayed the proceedings pending the Supreme Court decision in Obergefell v. Hodges (PB-OH-0003 in this Clearinghouse). The defendant filed a motion to dissolve preliminary injunction on the same day. On June 26, 2015, in light of the Obergefell decision, the district court lifted the stay of this case, and granted the defendant’s motion to dissolve the preliminary injunction that was issued on March 26, 2015 as it found that the plaintiffs have not demonstrated a likelihood of success on the merits, as required by the four-factor preliminary injunction test. 2015 WL 13424776, 2015 U.S. Dist. LEXIS 190764.

On July 17, 2015, plaintiff filed a notice of voluntary dismissal of this action, and the case was subsequently closed.

However, on August 4, 2015, the defendants filed a motion for the court to vacate its March 26, 2015 order granting the preliminary injunction. On February 2, 2016, the district court denied the defendants’ motion to vacate as (1) the defendants are not suffering from the “vagaries of circumstance” because the preliminary injunction has lost its effectiveness, and that (2) the court is not obligated to vacate on the grounds that matters of “broad issues of law” discussed within the order may “recur in future litigation”. 2016 WL 3636072, 2016 U.S. Dist. LEXIS 92575.

As of November 2018, there has been no further action in this case since the February 2, 2016 order.

Summary Authors

John He (3/30/2015)

Dawn Lui (12/4/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4391491/parties/state-of-texas-v-united-states-of-america/


Judge(s)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Caldwell, James David (Louisiana)

Colmenero, Angela Veronica (Texas)

Dahlberg, Shelley (Texas)

Davis, James E. (Texas)

Deane, William T. (Texas)

Duncan, Stuart Kyle (Louisiana)

Keller, Scott A. (Texas)

Klusmann, Beth (Texas)

Murphy, Michael P. (Texas)

Judge(s)

O'Connor, Reed Charles (Texas)

Attorneys(s) for Plaintiff

Caldwell, James David (Louisiana)

Colmenero, Angela Veronica (Texas)

Dahlberg, Shelley (Texas)

Davis, James E. (Texas)

Deane, William T. (Texas)

Duncan, Stuart Kyle (Louisiana)

Keller, Scott A. (Texas)

Klusmann, Beth (Texas)

Murphy, Michael P. (Texas)

Olens, Samuel (Georgia)

Paxton, Ken (Texas)

Peterson, Doug (Nebraska)

Phillips, Trey (Louisiana)

Roy, Charles E. (Texas)

Rutledge, Leslie (Arkansas)

Attorneys(s) for Defendant

Luh, James C. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

State of Texas v. United States of America

Feb. 2, 2016 Docket
1

Complaint for Declaratory and Injunctive Relief and Application for Temporary Restraining Order and Preliminary Injunction/Stay of Administrative Proceedings

State of Texas v. United States of America

March 18, 2015 Complaint
18

Memorandum Opinion and Order [Preliminary Injunction]

Texas v. U.S.

95 F.Supp.3d 965, 2015 WL 1378752

March 26, 2015 Order/Opinion
35

Second Amended Complaint

April 24, 2015 Complaint
46

Notice of Voluntary Dismissal

July 17, 2015 Pleading / Motion / Brief
50

Order

2016 WL 3636072

Feb. 2, 2016 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4391491/state-of-texas-v-united-states-of-america/

Last updated May 20, 2022, 4 a.m.

ECF Number Description Date Link
1

COMPLAINT against Eric H Holder, John Parker, Thomas E Perez, United States of America filed by State of Texas. (Filing fee $400; Receipt number 0539-6669571) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the Judges Copy Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Cover Sheet, # 2 Declaration(s), # 3 Additional Page(s) Summons, # 4 Additional Page(s) Summons, # 5 Additional Page(s) Summons, # 6 Additional Page(s) Summons, # 7 Exhibit(s) A, # 8 Exhibit(s) B, # 9 Exhibit(s) C) (Deane, William) (Entered: 03/18/2015)

1 Cover Sheet

View on PACER

2 Declaration(s)

View on PACER

3 Additional Page(s) Summons

View on PACER

4 Additional Page(s) Summons

View on PACER

5 Additional Page(s) Summons

View on PACER

6 Additional Page(s) Summons

View on PACER

7 Exhibit(s) A

View on PACER

8 Exhibit(s) B

View on PACER

9 Exhibit(s) C

View on PACER

March 18, 2015 RECAP
2

CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by State of Texas. (Deane, William) (Entered: 03/18/2015)

March 18, 2015 PACER
3

Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (trt) (Entered: 03/18/2015)

March 18, 2015 PACER
4

ORDER: Accordingly, the Court ORDERS Plaintiff to brief whether Defendants have received notice or whether Federal Rule of Civil Procedure 65(b) applies. (Ordered by Judge Reed C O'Connor on 3/18/2015) (trt) (Entered: 03/18/2015)

March 18, 2015 PACER
5

Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539-6670319) filed by State of Texas (Attachments: # 1 Proposed Order) (Murphy, Michael) (Entered: 03/18/2015)

1 Proposed Order

View on PACER

March 18, 2015 PACER
6

ELECTRONIC ORDER granting 5 Application for Admission Pro Hac Vice of Michael P. Murphy. If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C O'Connor on 3/18/2015) (chmb) (snp) (Entered: 03/18/2015)

March 18, 2015 PACER
7

RESPONSE filed by State of Texas re: 4 Order (Deane, William) (Entered: 03/19/2015)

March 19, 2015 PACER
8

ORDER: Plaintiff must provide a copy of its complaint and this order to the USAO no later than 3/20/2015. Responses due by 3/23/2015. Replies due by 3/25/2015. See order for details. (Ordered by Judge Reed C O'Connor on 3/19/2015) (Judge Reed C O'Connor) (Entered: 03/19/2015)

March 19, 2015 PACER
9

NOTICE of Attorney Appearance by James C Luh-DOJ on behalf of Thomas E Perez, United States of America. (Filer confirms contact info in ECF is current.) (Attachments: # 1 Certificate of Service) (Luh-DOJ, James) (Entered: 03/20/2015)

1 Certificate of Service

View on PACER

March 20, 2015 PACER
10

NOTICE of Advisory to the Court re: 8 Order, filed by State of Texas (Deane, William) (Entered: 03/20/2015)

March 20, 2015 PACER
11

RESPONSE filed by Thomas E Perez, United States of America re: 8 Order, 1 Complaint,,,,, (Attachments: # 1 Certificate of Service) (Luh-DOJ, James) (Entered: 03/23/2015)

1 Certificate of Service

View on PACER

March 23, 2015 RECAP
12

MOTION for Hearing on Application for a Temporary Restraining Order filed by State of Texas (Attachments: # 1 Proposed Order Proposed Order) (Deane, William) (Entered: 03/24/2015)

1 Proposed Order Proposed Order

View on PACER

March 24, 2015 PACER
13

RESPONSE filed by Thomas E Perez, United States of America re: 12 MOTION for Hearing on Application for a Temporary Restraining Order (Attachments: # 1 Certificate of Service) (Luh-DOJ, James) (Entered: 03/24/2015)

1 Certificate of Service

View on PACER

March 24, 2015 PACER
14

AMENDED COMPLAINT for Declaratory and Injunctive Relief and Application for Temporary Restraining Order and Preliminary Injunction/Stay of Administrative Proceedings against Eric H Holder, John Parker, Thomas E Perez, United States of America filed by State of Texas, State of Arkansas, State of Louisiana, State of Nebraska. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Declaration(s) Brantley Starr, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E) (Deane, William) (Entered: 03/25/2015)

1 Declaration(s) Brantley Starr

View on PACER

2 Exhibit(s) A

View on PACER

3 Exhibit(s) B

View on PACER

4 Exhibit(s) C

View on PACER

5 Exhibit(s) D

View on PACER

6 Exhibit(s) E

View on PACER

March 25, 2015 PACER
15

REPLY filed by State of Arkansas, State of Louisiana, State of Nebraska, State of Texas re: 11 Response/Objection (Deane, William) (Entered: 03/25/2015)

March 25, 2015 RECAP
16

MOTION to Extend Time to File Reply in Support of Application for Temporary Restraining Order and Preliminary Injunction/Stay of Administrative Proceedings filed by State of Arkansas, State of Louisiana, State of Nebraska, State of Texas (Attachments: # 1 Proposed Order) (Deane, William) (Entered: 03/25/2015)

1 Proposed Order

View on PACER

March 25, 2015 RECAP
17

RESPONSE filed by Thomas E Perez, United States of America re: 16 MOTION to Extend Time to File Reply in Support of Application for Temporary Restraining Order and Preliminary Injunction/Stay of Administrative Proceedings (Attachments: # 1 Certificate of Service) (Luh-DOJ, James) (Entered: 03/26/2015)

1 Certificate of Service

View on PACER

March 26, 2015 PACER
18

Memorandum Opinion and Order. For the foregoing reasons, the Court finds that Plaintiffs application for a preliminary injunction (ECF No. 14) should be and is hereby GRANTED. See Fed. R. Civ. P. 65. Accordingly, it is hereby ORDERED that the Department of Labor must STAY the application of the Final Rule, pending a full determination of this matter on the merits. It is FURTHER ORDERED that bond is set in the amount of one-hundred dollars. See Fed. R. Civ. P. 65(c). If requested by a party, the Court will set a hearing on this matter in Wichita Falls, Texas for April 13, 2015. (Ordered by Judge Reed C O'Connor on 3/26/2015) (trt) (Entered: 03/26/2015)

March 26, 2015 RECAP
19

RESPONSE filed by Thomas E Perez, United States of America re: 18 Memorandum Opinion and Order,, (Attachments: # 1 Certificate of Service) (Luh−DOJ, James) (Entered: 03/31/2015)

March 31, 2015
20

SUMMONS Returned Executed as to United States of America ; served on 3/24/2015. (Deane, William) (Entered: 04/01/2015)

April 1, 2015
21

SUMMONS Returned Executed as to Thomas E Perez ; served on 3/23/2015. (Deane, William) (Entered: 04/01/2015)

April 1, 2015
22

SUMMONS Returned Executed as to Eric H Holder ; served on 3/24/2015. (Deane, William) (Entered: 04/01/2015)

April 1, 2015
23

SUMMONS Returned Executed as to John Parker ; served on 3/23/2015. (Deane, William) (Entered: 04/01/2015)

April 1, 2015
24

ORDER: Before the Court is Defendants Request for a Hearing (ECF No. 19), filed on March 31, 2015, in response to the March 26, 2015 Order (ECF No. 18). The Court finds that the request for a hearing should be and is hereby GRANTED. Due to a scheduling conflict, the Court sets this matter for a hearing on April 10, 2015, at 9:00 a.m. in Fort Worth, Texas. Counsel for Plaintiffs and Defendants are ORDERED to attend and to be prepared to address all issues relating to the preliminary injunction briefing in this case. This hearing will convene in the United States Courthouse, Courtroom Second Floor, 501 West 10th Street, Fort Worth, Texas. (Ordered by Judge Reed C O'Connor on 4/1/2015) (trt) (Entered: 04/01/2015)

April 1, 2015
25

Joint STIPULATION Regarding Bond Requirement by State of Texas. (Deane, William) (Entered: 04/02/2015)

April 2, 2015
26

***UNFILED*** per 27 Order. AMENDED COMPLAINT for Declaratory and Injunctive Relief and Application for Temporary Restraining Order and Preliminary Injunction / Stay of Administrative Proceedings against All Defendants filed by State of Louisiana, State of Texas, State of Nebraska, State of Arkansas, State of Georgia. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information − Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: # 1 Declaration(s) Brantley Starr, # 2 Exhibit(s) A, # 3 Exhibit(s) B, # 4 Exhibit(s) C, # 5 Exhibit(s) D, # 6 Exhibit(s) E) (Deane, William) Modified on 4/10/2015 (plp). (Entered: 04/09/2015)

April 9, 2015
27

Order Unfiling 26 Plaintiffs' Second Amended Complaint. Plaintiffs' Second Amended Complaint was filed without Defendants' written consent or the Court's leave. Accordingly, the Court ORDERS the Clerk of Court to strike and unfile the Second Amended Complaint (ECF No. 26 ). (Ordered by Judge Reed C O'Connor on 4/10/2015) (plp) (Entered: 04/10/2015)

April 10, 2015
29

Notice of Filing of Official Electronic Transcript of Motions Hearing Proceedings held on 04−15−2015 before Judge Reed C. O'Connor. Court Reporter/Transcriber Denver B. Roden, RPR, RMR, Telephone number 214−753−2298. Parties are notified of their duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Redaction Request − Transcript must be filed within 21 days. If no such Request is filed, the transcript will be made available via PACER without redaction after 90 calendar days. If redaction request filed, this transcript will not be accessible via PACER; see redacted transcript. The clerk will mail a copy of this notice to parties not electronically noticed. (47 pages) Redaction Request due 5/6/2015. Redacted Transcript Deadline set for 5/18/2015. Release of Transcript Restriction set for 7/14/2015. (dbr) (Entered: 04/15/2015)

April 15, 2015
30

Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney S. Kyle Duncan (Filing fee $25; Receipt number 0539−6747737) filed by State of Louisiana (Deane, William) (Entered: 04/22/2015)

April 22, 2015
31

ELECTRONIC ORDER granting 30 Application for Admission Pro Hac Vice of S. Kyle Duncan (LR 83.11). If not already done, Applicant must register as an ECF User within 14 days (LR 5.1(f)). (Ordered by Judge Reed C O'Connor on 4/23/2015) (chmb) (snp). (Entered: 04/23/2015)

April 23, 2015
32

Joint STATUS REPORT and Proposed Briefing Schedule filed by Thomas E Perez, State of Arkansas, State of Louisiana, State of Nebraska, State of Texas, United States of America. (Attachments: # 1 Proposed Order, # 2 Certificate of Service) (Luh−DOJ, James) (Entered: 04/23/2015)

April 23, 2015
33

Unopposed MOTION for Leave to File Second Amended Complaint filed by State of Arkansas, State of Louisiana, State of Nebraska, State of Texas (Attachments: # 1 Exhibit(s) A − Second Amended Complaint for Declaratory and Injunctive Relief and Application for Temporary Restraining Order and Preliminary Injunction / Stay of Administrative Proceedings, # 2 Declaration(s) Brantley Starr, # 3 Exhibit(s) A, # 4 Exhibit(s) B, # 5 Exhibit(s) C, # 6 Exhibit(s) D, # 7 Exhibit(s) E, # 8 Proposed Order). Party State of Georgia added. (Deane, William) (Entered: 04/23/2015)

April 23, 2015
34

ORDER: The Court hereby adopts the parties joint proposal for the briefing of the parties motions concerning the preliminary injunction entered by the Court on March 26, 2015. Accordingly, the Court ORDERS the following: Defendants motion, up to 25 pages, must be filed on or before April 27, 2015; Plaintiffs motion and opposition to Defendants motion, consolidated in a single brief of up to 25 pages, must be filed on or before May 14, 2015; Defendants opposition to Plaintiffs motion and reply brief in support of Defendants motion, consolidated in a single brief of up to 25 pages, must be filed on or before May 28, 2015; and Plaintiffs reply brief in support of Plaintiffs motion, up to 10 pages, must be filed on or before June 11, 2015. Also before the Court is Plaintiffs Unopposed Motion for Leave to File Second Amended Complaint (ECF No. 33), filed April 23, 2015. Having considered the motion, the Court finds that it should be and is hereby GRANTED. See Fed. R. Civ. P. 15(a)(2). Accordingly, the Clerk of Court is ORDERED to file the Second Amended Complaint on the Courts docket. (Ordered by Judge Reed C O'Connor on 4/24/2015) (trt) (Entered: 04/24/2015)

April 24, 2015
35

SECOND AMENDED COMPLAINT against All Defendants filed by State of Louisiana, State of Georgia, State of Texas, State of Nebraska, State of Arkansas. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: Attorney Information − Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (trt) (Entered: 04/24/2015)

April 24, 2015
36

NOTICE of Attorney Appearance by William T Deane on behalf of State of Arkansas, State of Georgia, State of Louisiana, State of Nebraska, State of Texas. (Filer confirms contact info in ECF is current.) (Deane, William) (Entered: 04/24/2015)

April 24, 2015
38

Unopposed MOTION to Stay (Defendants' Unopposed Motion for Partial Stay of Proceedings) filed by Thomas E Perez, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order, # 2 Certificate of Conference, # 3 Certificate of Service) (Luh−DOJ, James) (Entered: 04/24/2015)

April 24, 2015
39

ORDER: Before the Court is Defendants' Unopposed Motion for Partial Stay of Proceedings (ECF No. 38 ), filed April 24, 2015. Having considered the motion, the Court finds that it should be and is hereby GRANTED. Accordingly, it is ORDERED that all proceedings in this matter, other than those related to the preliminary injunction entered March 26, 2015, are hereby stayed pending a ruling by the United States Supreme Court in Obergefell v. Hodges, Nos. 14−556, 14−562, 14−571, 14−574 (U.S.). Defendants' response to Plaintiffs' complaint will be due 30 days after the Supreme Court's decision in that case is entered. The briefing concerning the March 26, 2015 preliminary injunction will proceed according to the schedule set forth in this Court's April 24, 2015 Order (ECF No. 34 ). (Ordered by Judge Reed C O'Connor on 4/27/2015) (plp) (Entered: 04/27/2015)

April 27, 2015
40

MOTION to Vacate (Defendants' Motion to Dissolve Preliminary Injunction) filed by Thomas E Perez, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) 1, # 2 Proposed Order, # 3 Certificate of Conference, # 4 Certificate of Service) (Luh−DOJ, James) (Entered: 04/27/2015)

April 27, 2015
41

RESPONSE filed by State of Arkansas, State of Georgia, State of Louisiana, State of Nebraska, State of Texas re: 40 MOTION to Vacate (Defendants' Motion to Dissolve Preliminary Injunction) (Deane, William) (Entered: 05/14/2015)

May 14, 2015
42

REPLY filed by Thomas E Perez, United States of America re: 40 MOTION to Vacate (Defendants' Motion to Dissolve Preliminary Injunction) (Attachments: # 1 Certificate of Service) (Luh−DOJ, James) (Entered: 05/28/2015)

May 28, 2015
43

REPLY filed by State of Arkansas, State of Georgia, State of Louisiana, State of Nebraska, State of Texas re: 40 MOTION to Vacate (Defendants' Motion to Dissolve Preliminary Injunction) (Deane, William) (Entered: 06/11/2015)

June 11, 2015
44

NOTICE of Recent Action by the Texas Supreme Court re: 40 MOTION to Vacate (Defendants' Motion to Dissolve Preliminary Injunction) filed by Thomas E Perez, United States of America (Attachments: # 1 State v. Naylor, No. 11−0114 (Tex. June 19, 2015), # 2 Certificate of Service) (Luh−DOJ, James) (Entered: 06/25/2015)

June 25, 2015
45

ORDER: Therefore, the Court finds that Defendants Motion to Dissolve Preliminary Injunction (ECF No. 40) is hereby GRANTED. Accordingly, it is ORDERED that the preliminary injunction, issued on March 26, 2015, is hereby DISSOLVED. It is FURTHER ORDERED that the stay of this case is lifted, and in accordance with this Courts April 27, 2015 Order, Defendants response to Plaintiffs live pleading must be filed on or before July 26, 2015. (Ordered by Judge Reed C O'Connor on 6/26/2015) (trt) (Entered: 06/26/2015)

June 26, 2015
46

NOTICE of Dismissal filed by State of Arkansas, State of Georgia, State of Louisiana, State of Nebraska, State of Texas (Deane, William) (Entered: 07/17/2015)

July 17, 2015

Civil Case Terminated per 46 Notice of Voluntary Dismissal. (trt) (Entered: 07/20/2015)

July 17, 2015
47

MOTION to Vacate 18 Memorandum Opinion and Order,, (Defendants' Motion to Vacate March 26, 2015, Opinion) filed by Thomas E Perez, United States of America with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order, # 2 Certificate of Conference, # 3 Certificate of Service) (Luh−DOJ, James) (Entered: 08/04/2015)

Aug. 4, 2015
48

RESPONSE filed by State of Arkansas, State of Georgia, State of Louisiana, State of Nebraska, State of Texas re: 47 MOTION to Vacate 18 Memorandum Opinion and Order,, (Defendants' Motion to Vacate March 26, 2015, Opinion) (Deane, William) (Entered: 08/25/2015)

Aug. 25, 2015
49

REPLY filed by Thomas E Perez, United States of America re: 5 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $25; Receipt number 0539−6670319), 47 MOTION to Vacate 18 Memorandum Opinion and Order,, (Defendants' Motion to Vacate March 26, 2015, Opinion) (Attachments: # 1 Certificate of Service) (Luh−DOJ, James) (Entered: 09/08/2015)

Sept. 8, 2015
50

ORDER: Before the Court are Defendants' Motion to Vacate Memorandum Opinion Preliminary Statement (ECF No. 47 ), filed August 4, 2015; Plaintiffs' Response (ECF No. 48 ), filed August 25, 2015; and Defendants' Reply (ECF No. 49 ), filed September 8, 2015. Having reviewed the Motion, related briefing, and applicable law, the Court finds that Defendants' Motion to Vacate should beand is hereby DENIED. (Ordered by Judge Reed C O'Connor on 2/2/2016) (plp) (Entered: 02/02/2016)

Feb. 2, 2016

State / Territory: Texas

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: March 18, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

States of Texas, Arkansas, Louisiana, Nebraska, Georgia

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Labor, Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Full faith and credit

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Content of Injunction:

Preliminary relief granted

Issues

General:

Disparate Treatment

Gay/lesbian/transgender

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

Discrimination-basis:

Sexual orientatation