Case: Strawser v. Strange

1:14-cv-00424 | U.S. District Court for the Southern District of Alabama

Filed Date: Sept. 11, 2014

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On September 11, 2014, two men, married in their church but not allowed to marry under Alabama law, filed this § 1983 lawsuit in the U.S. District Court for the Southern District of Alabama against the State of Alabama. The plaintiffs had applied, unsuccessfully, for a marriage license in Mobile County, Alabama. They initially represented themselves without lawyers. Later, the National Center for Lesbian Rights, Southern Poverty Law Center, ACLU of Alabama Foundation, Americans United for Sepa…

On September 11, 2014, two men, married in their church but not allowed to marry under Alabama law, filed this § 1983 lawsuit in the U.S. District Court for the Southern District of Alabama against the State of Alabama. The plaintiffs had applied, unsuccessfully, for a marriage license in Mobile County, Alabama. They initially represented themselves without lawyers. Later, the National Center for Lesbian Rights, Southern Poverty Law Center, ACLU of Alabama Foundation, Americans United for Separation of Church and State, and a private lawyer joined as counsel. The plaintiffs argued that Alabama's ban on same-sex marriage was unconstitutional because it violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The plaintiffs requested that the court overturn the section of the Alabama State Code that mandated the ban on same-sex marriage.

On October 17, 2014, the State of Alabama filed a motion to dismiss the case for lack of jurisdiction because the plaintiffs had named the state in their complaint, and the Eleventh Amendment prohibits suits against an unconsenting state. After retaining counsel the plaintiffs filed an amended complaint on February 10, 2015, naming the Alabama Attorney General and a Mobile County Probate Judge as defendants. The plaintiffs requested declaratory and injunctive relief.

Prior to the amended complaint the plaintiffs filed a motion for immediate preliminary and permanent injunctive relief on December 1, 2014. On January 26, 2015, the District Court (Judge Callie V.S. Granade) entered a preliminary injunction. It prohibited the Alabama Attorney General from enforcing the Alabama laws that ban same-sex marriage. Judge Granade adopted the reasoning from Searcy v. Bentley (PB-AL-0005), decided just three days earlier, in which she had held that Alabama's laws banning same-sex marriage were unconstitutional because they violated the Due Process Clause and the Equal Protection Clause. As in Searcy, the court stayed the injunction until February 9, giving the defendant time to seek a further stay pending appeal before the U.S. Court of Appeals for the Eleventh Circuit.

On February 3, 2015, the Eleventh Circuit sua sponte consolidated the appeals in this case and in Searcy and denied the Alabama Attorney General's motions for a stay pending appeal. In response, the Attorney General filed an application for stay with U.S. Supreme Court Justice Clarence Thomas, the Circuit Justice for the Eleventh Circuit. Judge Granade denied the plaintiffs' request to lift the stay on February 4, 2015.

Late on February 8, 2015, with Judge Granade’s stay set to expire, the Chief Justice of the Alabama Supreme Court, Roy Moore, sent an order to probate judges and state employees, threatening them with legal action by the governor if they issued or recognized same-sex marriage licenses. The Chief Justice claimed that the Searcy and Strawser orders bound only the Alabama Attorney General and his employees and not Alabama's probate judges.

On February 9, 2015, the U.S. Supreme Court denied the application for stay, with Justice Clarence Thomas, joined by Justice Antonin Scalia, dissenting from the denial. Strange v. Searcy, 135 S. Ct. 940 (2015). As a result, Judge Granade’s orders in Strawser and Searcy took effect: Alabama's ban on same-sex marriage was now illegal, at least according to the federal courts. Alabama's probate judges faced competing orders: Judge Granade’s orders in Strawser and Searcy would allow same-sex marriage, but Chief Justice Moore's would not.

The result was legal chaos. Some probate judges followed the federal court order and issued same-sex marriage licenses, but most probate judges refused; and many ceased issuing marriage licenses entirely. In the plaintiffs' county, Mobile County Probate Judge Don Davis refused to issue any licenses that day.

As previously mentioned, on February 10, 2015, Judge Granade granted the plaintiffs' motion for leave to file an amended complaint, which added Probate Judge Don Davis as a defendant and also added, as plaintiffs, three other same-sex couples seeking marriage licenses from Mobile County. In addition, the district court scheduled a hearing, in two days' time, on the plaintiffs' proposed injunction, which would prevent the defendants from enforcing Alabama's same-sex marriage ban.

On February 11, 2015, two conservative groups, the Alabama Policy Institute and the Alabama Citizens Action Program, filed an emergency petition in the Alabama Supreme Court. The petition sought a writ of mandamus ordering the state's probate judges "not to issue marriage licenses to same-sex couples and not to recognize any marriage licenses issued to same-sex couples." See In Re: King (PB-AL-0009).

The next day, on February 12, 2015, Judge Granade held a hearing and then issued an order, declaring the Alabama laws prohibiting same-sex marriage to be unconstitutional, and enjoining Probate Judge Don Davis from refusing to issue marriage licenses to the plaintiffs in this case. Strawser v. Strange, 44 F. Supp. 3d 1206 (S.D. Ala. 2015). In response, that afternoon, Mobile County began issuing same-sex marriage licenses.

On February 15, 2015, Jefferson County Probate Judge Alan King filed a motion for leave to intervene in this case. The probate judge argued that the conservative groups were using their state court petition to thwart the district court's January 26 order.

On February 17, 2015, the plaintiffs filed an emergency motion to enforce the January 26 order. They asked the district court to force the Alabama Attorney General to comply with the January 26 order by using his authority to dismiss the conservative groups' petition in the Alabama Supreme Court. The Attorney General had this power, the plaintiffs argued, because the conservative groups had filed as "relators," purportedly on behalf of the state. Probate Judge Alan King made a similar motion.

On February 20, 2015, Judge Granade denied Probate Judge King's request to intervene, because, the court held, Judge King did not have a legally recognizable interest in the lawsuit's subject matter. The court also denied King's and the plaintiffs' motions seeking to compel the state Attorney General to have the conservative groups' state court petition dismissed.

On March 3, 2015, the Alabama Supreme Court, responding to the petition filed in In Re King, declared that the Alabama law prohibiting same-sex marriage did not violate the Constitution. The Alabama Supreme Court also enjoined Alabama's probate judges from issuing marriage licenses to same-sex couples, claiming that District Court decisions on the constitutionality of laws were not binding on Alabama courts, and that Judge Granade’s injunctions applied only to the parties in Strawser and Searcy. 2015 WL 892752.

Mobile County Probate Judge Don Davis, however, was under a February 12 federal injunction in this case, which forbid him from refusing to issue marriage licenses to the plaintiffs. Because of the conflicting injunction, the probate judge asked to be dismissed from the state action. The Alabama Supreme Court refused. Instead, the Alabama Supreme Court ordered him, by March 5, to advise it on whether there was a true conflict. The Alabama Supreme Court implied that there was no conflict if the February 12 federal injunction required Probate Judge Davis to issue licenses just to the plaintiffs in Strawser. Following the Alabama Supreme Court's decision, Mobile County stopped issuing marriage licenses entirely.

Back in this case, on March 12, 2015, Judge Granade ordered Probate Judge Davis to respond to the plaintiffs' motion for leave to file an amended complaint (adding more parties), certification of plaintiff and defendant classes (as plaintiffs, all same-sex couples seeking to marry in Alabama and as defendants, all Alabama probate judges), and a preliminary injunction. Judge Granade later ordered the Alabama Attorney General to respond as well. On March 16, 2015, Judge Granade denied Probate Judge Davis's motion to stay the February 12 injunction against him.

On May 21, 2015, Judge Granade granted class certification for both the plaintiff and defendant classes. The plaintiff class was defined as: All persons in Alabama who wish to obtain a marriage license in order to marry a person of the same sex and to have that marriage recognized under Alabama law, and who are unable to do so because of the enforcement of Alabama's laws prohibiting the issuance of marriage licenses to same-sex couples and barring recognition of their marriages. And the defendant class was defined as: "All Alabama county probate judges who are enforcing or in the future may enforce Alabama's laws barring the issuance of marriage licenses to same-sex couples and refusing to recognize their marriages." 307 F.R.D. 604.

In a separate order on that same date, Judge Granade issued a preliminary injunction prohibiting all members of the defendant class from refusing to issue marriage licenses solely on the basis that the couple asking for a license was of the same sex. In her order, Judge Granade specifically forbade the probate judges from following the contrary order from the Alabama Supreme Court. She stayed her injunction, however, pending the resolution of Obergefell v. Hodges, a case before the Supreme Court where the justices would consider whether the Constitution provided a right for same-sex couples to marry.

On June 26, 2015, the Supreme Court ruled on Obergefell v. Hodges. 135 S. Ct. 2584 (2015). The Court held that the right to marry is fundamental, and that the 14th Amendment does not allow states to ban same-sex marriage. In response, Judge Granade lifted her stay, and the preliminary injunction requiring Alabama Probate Courts to issue marriage licenses to same-sex couples went into effect.

On July 17, 2015, the Alabama Attorney General’s Office asked the Eleventh Circuit to dismiss Alabama's appeal, and to instruct Judge Granade that the final judgment in Searcy, which permanently enjoined the Alabama Attorney General from enforcing the Alabama Laws prohibiting same-sex marriage, rendered moot the Strawser plaintiffs’ request for a permanent injunction against the Alabama Attorney General. On August 20, 2015, the Eleventh Circuit agreed to dismiss the appeal, but refused to issue the instructions that the Alabama Attorney General’s Office had asked for, finding that the question of whether the Strawser plaintiffs’ request for a permanent injunction was moot was properly left to Judge Granade in the first instance.

On October 20, 2015, the Eleventh Circuit responded to a separate set of appeals from June 2015, by Alabama Probate Judge Tim Russel. The Court of Appeals found that Russel’s appeal of Judge Granade’s order denying his motion to dismiss on April 23, 2015, and his appeal of her preliminary injunction requiring him to issue same-sex marriage licenses on May 21, 2015, were moot because the Alabama Supreme Court’s order requiring Probate Judges to follow the Alabama Laws prohibiting same-sex marriage was overturned by Obergefell.

Separately, on January 6, 2016, then Alabama Chief Justice Roy Moore issued an administrative order telling Alabama probate judges that, contrary to Strawser, Searcy, and Obergefell, they still had a duty to follow the Alabama laws prohibiting same-sex marriage and not issue marriage licenses to same sex couples. As a result of this order, the Alabama Judicial Inquiry Commission filed charges against Roy Moore on March 4, 2016. Moore was suspended from his position pending the results of his hearing before the Alabama Court of the Judiciary, which took place on August 8, 2016. Moore was previously suspended and then removed from his position as Alabama Supreme Court Chief Justice in 2003, when he placed a statue of the Ten Commandments in front of the Alabama Supreme Court’s building and then failed to comply with a federal injunction ordering him to remove it. On September 30, 2016, the Alabama Court of the Judiciary again suspended Moore for the remainder of his term as Chief Justice.

On June 7, 2016, Judge Granade again declared the Alabama laws prohibiting same-sex marriage unconstitutional, and granted the plaintiffs a permanent injunction requiring Alabama Probate Judges to issue same-sex marriage licenses. On June 15, the plaintiffs asked for an additional permanent injunction against the Attorney General of Alabama, which would be enforceable by the plaintiff class. They argued against the Alabama Attorney General’s position that the injunction granted in Searcy made an additional permanent injunction unnecessary, noting that the injunction issued in Searcy wouldn’t be enforceable by the plaintiff class in Strawser.

On August 22, 2016, Judge Granade issued an amended final judgment, making the permanent injunction enforceable against the Attorney General of Alabama. On August 23, 2016, the plaintiffs were awarded $943.00 in costs. And on January 20, 2017, the plaintiffs' attorneys were awarded $315,000.00 in fees. The case is now closed.

Summary Authors

Megan Dolan (5/24/2015)

Carolyn Weltman (2/25/2016)

Ryan Berry (6/28/2016)

Sam Kulhanek (10/24/2018)

Related Cases

Searcy v. Bentley, Southern District of Alabama (2014)

Hedgepeth v. Davis, Southern District of Alabama (2015)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4127656/parties/strawser-v-strange/


Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Cassady, William E. (Alabama)

Ginsburg, Ruth Bader (District of Columbia)

Granade, Callie V. (Alabama)

Kagan, Elena (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Moore, Roy S (Alabama)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Judge(s)

Alito, Samuel A. Jr. (District of Columbia)

Breyer, Stephen Gerald (District of Columbia)

Cassady, William E. (Alabama)

Ginsburg, Ruth Bader (District of Columbia)

Granade, Callie V. (Alabama)

Kagan, Elena (District of Columbia)

Kennedy, Anthony McLeod (District of Columbia)

Moore, Roy S (Alabama)

Roberts, John Glover Jr. (District of Columbia)

Scalia, Antonin (District of Columbia)

Sotomayor, Sonia (District of Columbia)

Thomas, Clarence (District of Columbia)

Attorneys(s) for Plaintiff

Dietert, Zachary Alan (District of Columbia)

Dinielli, David Carter (Alabama)

Fann, Heather (Alabama)

Katskee, Richard B. (District of Columbia)

Khan, Ayesha N. (District of Columbia)

Lipper, Gregory M. (District of Columbia)

Marshall, Randall C (Florida)

McCoy, Scott D. (Alabama)

Minter, Shannon (California)

Stoll, Christopher (California)

Attorneys(s) for Defendant

Boardman, Mark S. (Alabama)

Brasher, Andrew Lynn (Alabama)

Carr, Clay Richard (Alabama)

Davis, James W. (Alabama)

Druhan, Joseph Michael Jr. (Alabama)

Hale, Lee L. (Alabama)

Howell, Laura Elizabeth (Alabama)

Kidd, Jamie Helen (Alabama)

Petelos, Teresa Bearden (Alabama)

Satterwhite, Harry V. (Alabama)

Webb, Kendrick E. (Alabama)

Whetstone, John David (Alabama)

Other Attorney(s)

McMillan, French A (Alabama)

Sewell, Jeffrey M. (Alabama)

Documents in the Clearinghouse

Document

1:14-cv-00424

Docket

June 16, 2016

June 16, 2016

Docket
1

1:14-cv-00424

[Complaint]

Strawser v. State of Alabama

Sept. 11, 2014

Sept. 11, 2014

Complaint
29

1:14-cv-00424

Order

2015 U.S.Dist.LEXIS 8439

Jan. 26, 2015

Jan. 26, 2015

Order/Opinion

Administrative Order of the Chief Justice of the Alabama Supreme Court

Alabama state supreme court

Feb. 8, 2015

Feb. 8, 2015

Order/Opinion

14-00840

[Denial of Stay]

Strange v. Searcy

Supreme Court of the United States

135 S.Ct. 940

Feb. 9, 2015

Feb. 9, 2015

Order/Opinion
46

1:14-cv-00424

Order

Strawser v. State of Alabama

2015 U.S.Dist.LEXIS 15600

Feb. 10, 2015

Feb. 10, 2015

Order/Opinion
55

1:14-cv-00424

Order

44 F.Supp.3d 1206

Feb. 12, 2015

Feb. 12, 2015

Order/Opinion
67

1:14-cv-00424

Order

2015 WL 736091

Feb. 20, 2015

Feb. 20, 2015

Order/Opinion
66

1:14-cv-00424

Order

2015 WL 736091, 2015 U.S.Dist.LEXIS 20458

Feb. 20, 2015

Feb. 20, 2015

Order/Opinion
70

1:14-cv-00424

Order

Strawser v. State of Alabama

200 So.3d 495, 2015 WL 892752

March 3, 2015

March 3, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4127656/strawser-v-strange/

Last updated July 23, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against State of Alabama filed by James N. Strawser, John E. Humphrey. (tot) (Entered: 09/12/2014)

Sept. 11, 2014

Sept. 11, 2014

RECAP
2

MOTION for Leave to Proceed in forma pauperis by James N. Strawser. (Referred to Judge William E. Cassady on 9/12/14). (tot) (Entered: 09/12/2014)

Sept. 11, 2014

Sept. 11, 2014

PACER
3

Order, Plf Humphrey is to file his own motion to proceed without prepayment of fees & costs on or before 9/29/2014, at which time both motions will be ruled upon. Signed by Magistrate Judge William E. Cassady on 9/15/2014. (copies mailed to Plfs on 9/15/14 w/motion form to Plf Humphrey) (tot) (Entered: 09/15/2014)

Sept. 15, 2014

Sept. 15, 2014

PACER
4

MOTION for Leave to Proceed in forma pauperis by John E. Humphrey. (Referred to Judge William E. Cassady on 9/18/14). (tot) (Entered: 09/18/2014)

Sept. 18, 2014

Sept. 18, 2014

PACER
5

ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis, 4 Motion for Leave to Proceed in forma pauperis as set out. The Clerk is directed to served dft as set out. Signed by Magistrate Judge William E. Cassady on 9/23/2014. (copies mailed to Plfs on 9/23/14) (tot) (Entered: 09/23/2014)

Sept. 23, 2014

Sept. 23, 2014

PACER
6

Summons Issued as to State of Alabama. (Attachment: # 1 Cert. Mail Receipt) (tot) (Entered: 09/26/2014)

1 Cert. Mail Receipt

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Sept. 26, 2014

Sept. 26, 2014

PACER
7

Return of Service Executed, State of Alabama served on 9/29/2014, answer due 10/20/2014. (tot) (Entered: 10/07/2014)

Oct. 6, 2014

Oct. 6, 2014

PACER
8

MOTION to Dismiss for Lack of Jurisdiction by State of Alabama. (Howell, Laura) (Entered: 10/17/2014)

Oct. 17, 2014

Oct. 17, 2014

PACER
9

PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 12/4/2014. Signed by Magistrate Judge William E. Cassady on 10/20/2014. (Attachment: # 1 Consent to Jurisdiction by a U. S. Magistrate Judge) (copies mailed to Plfs on 10/20/14) (tot) Modified on 10/20/2014 (tot). (Entered: 10/20/2014)

1 Consent to Jurisdiction by a U. S. Magistrate Judge

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Oct. 20, 2014

Oct. 20, 2014

PACER
10

NOTICE of Appearance by James W. Davis on behalf of State of Alabama (Davis, James) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
11

Order, re: 8 MOTION to Dismiss for Lack of Jurisdiction filed by State of Alabama. Motion will be taken under submission on 11/21/2014. Plaintiffs' response or motion to amend as set out in order due by 11/13/2014, and defendant's reply due by 11/20/2014. Signed by Magistrate Judge William E. Cassady on 10/21/2014. (copies to pltfs) (mab) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER
12

MOTION to Amend 1 Complaint & Change Defendant by John E. Humphrey, James N. Strawser. (Referred to J/Granade on 11/17/14) (tot) (Entered: 11/17/2014)

Nov. 13, 2014

Nov. 13, 2014

RECAP
13

REPLY in Support of 8 MOTION to Dismiss & RESPONSE to 12 MOTION to Amend Complaint filed by State of Alabama. (Davis, James) Modified on 11/20/2014 (tot). (Entered: 11/19/2014)

Nov. 19, 2014

Nov. 19, 2014

PACER
14

REPORT AND RECOMMENDATION recommending that Plf's 12 MOTION to Amend 1 Complaint & Change Defendant be GRANTED as set out. The substitution of Luther Strange, in his official capacity as Attorney General of the State of Alabama, will MOOT the previously-filed 8 MOTION to Dismiss. Objections to R&R due by 12/10/2014. Signed by Magistrate Judge William E. Cassady on 11/20/2014. (copies mailed to Plfs on 11/20/14) (tot) (Entered: 11/20/2014)

Nov. 20, 2014

Nov. 20, 2014

RECAP
15

MOTION for Immediate Preliminary and Permanent Injunctive Relief by John E. Humphrey, James N. Strawser. (Referred to J/Granade on 12/1/14) (tot) (Entered: 12/01/2014)

Dec. 1, 2014

Dec. 1, 2014

RECAP
16

Defendant's Report of Planning Meeting and RESPONSE to Court's 9 Preliminary Scheduling Order, by State of Alabama filed by State of Alabama. (Attachments: # 1 Exhibit A - Defendant's Report of Parties Planning Meeting) (Davis, James) (Entered: 12/04/2014)

1 Exhibit A - Defendant's Report of Parties Planning Meeting

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Dec. 4, 2014

Dec. 4, 2014

PACER
17

RESPONSE in Opposition to 15 Plaintiffs Motion for Immediate Preliminary and Permanent Injunctive Relief, filed by State of Alabama. (Davis, James) (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
18

Order, setting hearing for December 18, 2014 at 9:00 a.m., in Courtroom 2B, United States Courthouse, Mobile, Alabama re: Plaintiffs' 15 motion for immediate preliminary and permanent injunction. Plaintiff shall be required to prove the standards as set forth in order at the hearing. Signed by Judge Callie V. S. Granade on 12/4/2014. (copies to pltfs) (mab) (Entered: 12/04/2014)

Dec. 4, 2014

Dec. 4, 2014

PACER
19

Order, Scheduling Conference set for 12/18/2014 immediately following the conclusion of hrg before Judge Granade as set out. It is anticipated that the parties will arrive in the Courtroom 3A sometime after 10:00 am on 12/18/14. Signed by Magistrate Judge William E. Cassady on 12/8/2014. (copy mailed to Plfs on 12/8/14) (tot) (Entered: 12/08/2014)

Dec. 8, 2014

Dec. 8, 2014

PACER
20

NOTICE by State of Alabama re 16 Response to Order, (Defendant's Notice of Filing of Materials in Reference to Doc. 16, Defendant's Report of Planning Meeting and Response to the Court's Preliminary Scheduling Order) (Attachments: # 1 Exhibit 1 - Nov. 19, 2014 correspondence from Defendant's Counsel to Plaintiffs, # 2 Exhibit 2 - Nov. 25, 2014 correspondence from Defendant's Counsel to Plaintiffs, # 3 Exhibit 3 - Dec. 1, 2014 correspondence from Defendant's Counsel to Plaintiffs, # 4 Exhibit 4 - Dec. 1, 2014 correspondence from Defendant's Counsel to Plaintiffs, # 5 Exhibit 5 - Dec. 3, 2014 correspondence from Defendant's Counsel to Plaintiffs) (Davis, James) (Entered: 12/08/2014)

1 Exhibit 1 - Nov. 19, 2014 correspondence from Defendant's Counsel to Plaint

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2 Exhibit 2 - Nov. 25, 2014 correspondence from Defendant's Counsel to Plaint

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3 Exhibit 3 - Dec. 1, 2014 correspondence from Defendant's Counsel to Plainti

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4 Exhibit 4 - Dec. 1, 2014 correspondence from Defendant's Counsel to Plainti

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5 Exhibit 5 - Dec. 3, 2014 correspondence from Defendant's Counsel to Plainti

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Dec. 8, 2014

Dec. 8, 2014

PACER
21

NOTICE by State of Alabama re 17 Response in Opposition to Motion (Defendant's Notice of Filing of Materials in Support of Doc. 17, Defendant's Opposition to the Plaintiffs' Motion for Preliminary Injunction) (Attachments: # 1 Exhibit 1 - Doc. 47 - Defendant's Motion for Summary Judgment, # 2 Exhibit 2 - Doc. 48, Defendant's Brief in Support of Summary Judgment, # 3 Exhibit 3 - Doc. 48-1, Ex. A to Defendant's Brief (Baker v. nelson Jurisdictional Statement), # 4 Exhibit 4 - Doc. 48-2, Ex. B to Defendant's Brief (Article), # 5 Exhibit 5 - Doc. 49, Ex. A to Def. Motion for Summary Judgment (Girgis Declaration), # 6 Exhibit 6 - Doc. 49-1, Ex. B to Defendant's Motion for Summary Judgment (AG Opinion), # 7 Exhibit 7 - Doc. 49-2, Ex. C to Defendant's Motion for Summary Judgment (Election results), # 8 Exhibit 8 - Doc. 52, Defendant's Sur-reply in support of Summary Judgment, # 9 Exhibit 9 - Doc. 52-1, Ex. A to Def. Sur-reply in Support of Summary Judgment (Marks Declaration)) (Davis, James) (Entered: 12/08/2014)

1 Exhibit 1 - Doc. 47 - Defendant's Motion for Summary Judgment

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2 Exhibit 2 - Doc. 48, Defendant's Brief in Support of Summary Judgment

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3 Exhibit 3 - Doc. 48-1, Ex. A to Defendant's Brief (Baker v. nelson Jurisdic

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4 Exhibit 4 - Doc. 48-2, Ex. B to Defendant's Brief (Article)

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5 Exhibit 5 - Doc. 49, Ex. A to Def. Motion for Summary Judgment (Girgis Declarati

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6 Exhibit 6 - Doc. 49-1, Ex. B to Defendant's Motion for Summary Judgment (AG

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7 Exhibit 7 - Doc. 49-2, Ex. C to Defendant's Motion for Summary Judgment (El

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8 Exhibit 8 - Doc. 52, Defendant's Sur-reply in support of Summary Judgment

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9 Exhibit 9 - Doc. 52-1, Ex. A to Def. Sur-reply in Support of Summary Judgment (M

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Dec. 8, 2014

Dec. 8, 2014

PACER
22

ORDER ADOPTING 14 REPORT AND RECOMMENDATION. Plf's 12 MOTION to Amend 1 Complaint is GRANTED as set out. 8 MOTION to Dismiss is MOOT as set out. Luther Strange, in his official capacity as Attorney General of the State of Alabama, is substituted in place of the State of Alabama as the party dft. Dft Luther Strange is to file his answer NLT 12/18/2014. Signed by Judge Callie V. S. Granade on 12/11/2014. (copy mailed to Plfs on 12/11/14) (tot) (Entered: 12/11/2014)

Dec. 11, 2014

Dec. 11, 2014

RECAP
23

Brief in Support of 15 MOTION for Immediate Preliminary & Permanent Injunctive Relief filed by John E. Humphrey, James N. Strawser. (Referred to J/Granade on 12/15/14) (tot) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
24

MOTION to Dismiss Amended Complaint by Luther Strange. (Howell, Laura) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER
25

ANSWER to 1 Complaint by Luther Strange. (Davis, James) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER
26

Notice of Adoption by Luther Strange re: 20 Notice (Other),, 21 Notice (Other),,,, 16 Response to Order, 17 Response in Opposition to Motion (adoption of pleadings filed by the former Defendant, the State of Alabama) (Davis, James) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER
27

RESTRICTED AUDIO FILE (7.5 MB) regarding Scheduling Conference held on 12/18/2014 at 10:00 a.m. before Magistrate Judge William E. Cassady. 15 mins. (eec) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
28

ORDER, STAYING case until January 20,2015, while the pro se plaintiffs attempt to retain counsel. Rule 26 Meeting Report due by 2/3/2015. Plaintiffs' response to 24 motion to dismiss due by 2/3/2015. Signed by Magistrate Judge William E. Cassady on 12/18/2014. (copies to pltfs) (mab) (Entered: 12/18/2014)

Dec. 18, 2014

Dec. 18, 2014

PACER
29

ORDER re: Plfs' 15 Motion for Preliminary Injunction & Permanent Injunction. Court ORDERS that the Alabama Attny Gen is prohibited from enforcing the Alabama laws which prohibit same-sex marriage as set out. Court STAYS execution of this injunction for 14 days to allow Dft to seek a further stay pending appeal in the Eleventh Circuit Court of Appeals. If no action by the Eleventh Circuit Court of Appeals to extend or lift the stay with that time period, this stay will be lifted on 2/9/15. Signed by Judge Callie V. S. Granade on 1/26/2015. (copies mailed to Plfs on 1/26/15) (tot) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

RECAP
30

NOTICE of Appearance by Andrew L. Brasher on behalf of Luther Strange (Brasher, Andrew) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
31

NOTICE OF INTERLOCUTORY APPEAL as to 29 Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction,,,, by Luther Strange. (Brasher, Andrew) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
32

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 29 Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction, 31 Notice of Appeal - Interlocutory, Judge Appealed: Judge Granade, Court Reporter: No Hearings, Fee Pending (jal) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
33

Order WITHDRAWING all the February 2015 dates set forth in 28 Order in light of the interlocutory appeal as set out. Signed by Magistrate Judge William E. Cassady on 1/27/2015. (copies mailed to Plfs on 1/27/15) (tot) (Entered: 01/27/2015)

Jan. 27, 2015

Jan. 27, 2015

PACER
34

NOTICE of Docketing Record on Appeal from USCA re 31 Notice of Appeal - Interlocutory filed by Luther Strange. USCA Case Number 15-10313-A (jal) (Entered: 01/28/2015)

Jan. 27, 2015

Jan. 27, 2015

PACER
35

Appeal Instructions for Andrew Brasher, Esq. re: 31 Notice of Appeal - Interlocutory : The Civil Appeal Statement Form is available on the Internet at www.ca11.uscourts.gov. Transcript Information Form to be filed no later than 2/11/2015. (jal) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

PACER
36

TRANSCRIPT INFORMATION FORM filed by Luther Strange re: 31 Notice of Appeal - Interlocutory. Requesting transcripts for proceedings as follows: 12/18/14 PI hearing before Judge Granade, Court Reporter Roy Isbell. Email to Court Reporter Roy Isbell. (Davis, James) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

PACER
37

USCA Appeal Fees received $ 505 receipt number 33963 re 31 Notice of Appeal - Interlocutory filed by Luther Strange ; USCA Case Number 15-10313-A (jal) (Entered: 01/29/2015)

Jan. 28, 2015

Jan. 28, 2015

PACER
38

Transcript Acknowledgment filed by Court Reporter Roy Isbell, re: 36 Transcript Information Form, 31 Notice of Appeal - Interlocutory for proceedings as follows: 12/18/2014 before Judge Callie V. S. Granade, Transcript due by 2/3/2015. (Isbell, Roy) (Entered: 01/31/2015)

Jan. 31, 2015

Jan. 31, 2015

PACER
39

NOTICE OF FILING OF OFFICIAL TRANSCRIPT for date of 12/18/2014, HEARING ON MOTION FOR PRELIMINARY INJUNCTION, before Judge Callie V. S. Granade, re: 31 Notice of Appeal - Interlocutory. USCA Case Number 15-10313-A. Court Reporter Roy Isbell, Telephone number 251-690-3085. Transcript may be viewed at the court 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. NOTICE: The parties have twenty-one (21) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. Notice of Transcript Redaction to be filed by 2/23/2015. Redaction Request due 2/23/2015. Redacted Transcript Deadline set for 3/3/2015. Release of Transcript Restriction set for 5/1/2015. (Isbell, Roy) (Entered: 01/31/2015)

Jan. 31, 2015

Jan. 31, 2015

PACER
40

MOTION to Lift Stay by John E. Humphrey, James N. Strawser. (Attachments: # 1 Exhibit) (Stoll, Christopher) (Entered: 02/03/2015)

1 Exhibit

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Feb. 3, 2015

Feb. 3, 2015

PACER
41

RESPONSE in Opposition re 40 MOTION to Lift Stay filed by Luther Strange. (Davis, James) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
42

ORDER, DENYING 40 Motion for Immediate Lift of Stay. If the Supreme Court denies a stay or does not rule before February 9, 2015, this court's stay will still remain in place until that date to allow the Probate Courts of this state to be completely prepared for compliance with the rulings in this case and the Searcy case. Signed by Judge Callie V. S. Granade on 2/4/2015. (mab) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
43

MOTION to Amend Complaint 1 Complaint, MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by John E. Humphrey, James N. Strawser. (Attachments: # 1 Exhibit Exhibit A to Motion -- Proposed First Amended Complaint, # 2 Stoll Declaration in Support of Motion, # 3 Exhibit Exhibit A to Stoll Declaration, # 4 Strawser Declaration in Support of Motion, # 5 Miller Declaration in Support of Motion, # 6 Simmons Declaration in Support of Motion, # 7 Povilat Declaration in Support of Motion) (Stoll, Christopher) (Entered: 02/09/2015)

1 Exhibit Exhibit A to Motion -- Proposed First Amended Complaint

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2 Stoll Declaration in Support of Motion

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3 Exhibit Exhibit A to Stoll Declaration

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4 Strawser Declaration in Support of Motion

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5 Miller Declaration in Support of Motion

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6 Simmons Declaration in Support of Motion

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7 Povilat Declaration in Support of Motion

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Feb. 9, 2015

Feb. 9, 2015

RECAP
44

RESPONSE to Motion re: 43 MOTION to Amend Complaint 1 Complaint MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Luther Strange. (Davis, James) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

RECAP
45

NOTICE of Appearance by Randall C. Marshall on behalf of John E. Humphrey, James N. Strawser (Marshall, Randall) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

PACER
46

Order re: Plfs' 43 Emergency MOTION for Leave to File an Amended Complaint, MOTION for Preliminary Injunction &/or Temporary Restraining Order. Plfs' 43 MOTION for Leave to File an Amended Complaint is GRANTED as set out. A Hearing on the 43 MOTION for Preliminary Injunction is set for 2/12/2015 at 01:00 PM in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. The clerk of court is directed to provide Joseph Michael Druhan, Jr., counsel for Judge Don Davis, with a copy of this Order. Signed by Judge Callie V. S. Granade on 2/10/2015. (tot) (Entered: 02/10/2015)

Feb. 10, 2015

Feb. 10, 2015

RECAP
47

AMENDED COMPLAINT against Luther Strange, Don Davis, filed by James N. Strawser, John E. Humphrey, Robert Povilat, Anna Lisa Carmichael, Kristy Simmons, Milton Persinger, Meredith Miller, Marshay Safford. (Attachments: # 1 Proposed Summons) (Stoll, Christopher) (Entered: 02/10/2015)

1 Proposed Summons

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Feb. 10, 2015

Feb. 10, 2015

PACER
48

Summons Issued as to Don Davis. (Note to Counsel: The Summons has been issued. Please print copies necessary for service.) (mab) (Entered: 02/11/2015)

Feb. 11, 2015

Feb. 11, 2015

PACER
49

NOTICE of Appearance by Joseph Michael Druhan, Jr on behalf of Don Davis (Druhan, Joseph) (Entered: 02/11/2015)

Feb. 11, 2015

Feb. 11, 2015

PACER
50

NOTICE of Appearance by Harry V. Satterwhite on behalf of Don Davis (Satterwhite, Harry) (Entered: 02/11/2015)

Feb. 11, 2015

Feb. 11, 2015

PACER
51

NOTICE of Appearance by Lee L. Hale on behalf of Don Davis (Hale, Lee) (Entered: 02/11/2015)

Feb. 11, 2015

Feb. 11, 2015

PACER
52

NOTICE by Don Davis Notice to this Court of Presently Conflicting Authority and Potential Conflicting Authority Based on Recent Filings (Satterwhite, Harry) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

PACER
53

MOTION for Shannon P. Minter to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1698540, Online Credit Card Payment.) by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Attorney Admission Form, # 2 Certificate of Good Standing) (Minter, Shannon) (Entered: 02/12/2015)

1 Attorney Admission Form

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2 Certificate of Good Standing

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Feb. 12, 2015

Feb. 12, 2015

PACER
54

MOTION for Christopher F. Stoll to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1698543, Online Credit Card Payment.) by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Attorney Admission Form, # 2 Certificate of Good Standing) (Stoll, Christopher) (Entered: 02/12/2015)

1 Attorney Admission Form

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2 Certificate of Good Standing

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Feb. 12, 2015

Feb. 12, 2015

PACER
55

ORDER, It is ORDERED and DECLARED that ALA. CONST. ART. I, § 36.03 (2006) and ALA. CODE 1975 § 30-1-19 are unconstitutional because they violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. Probate Judge Don Davis is hereby ENJOINED from refusing to issue marriage licenses to plaintiffs due to the Alabama laws which prohibit same-sex marriage. Signed by Judge Callie V. S. Granade on 2/12/2015. (mab) (Entered: 02/12/2015)

Feb. 12, 2015

Feb. 12, 2015

RECAP
56

ORDER re: 53 Motion to Appear Pro Hac Vice, 54 Motion to Appear Pro Hac Vice. Counselors Minter & Stoll are admitted pro hac vice as set out. Signed by Magistrate Judge William E. Cassady on 2/13/2015. (tot) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

PACER
57

ORDER, DENYING as MOOT the 24 Motion to Dismiss filed by Luther Strange. Signed by Magistrate Judge William E. Cassady on 2/13/2015. (mab) (Entered: 02/13/2015)

Feb. 13, 2015

Feb. 13, 2015

PACER
58

MOTION to Intervene by Alan King. (Attachments: # 1 Exhibit Emergency Petition for Writh of Mandamus) (McMillan, French) (Entered: 02/15/2015)

1 Exhibit Emergency Petition for Writh of Mandamus

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Feb. 15, 2015

Feb. 15, 2015

PACER
59

MOTION for Preliminary Injunction by Alan King. (Attachments: # 1 Exhibit) (McMillan, French) (STRICKEN ON 2/20/15 - SEE DOC. 66 ) Modified on 2/20/2015 (tot). (Entered: 02/17/2015)

1 Exhibit

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Feb. 17, 2015

Feb. 17, 2015

PACER
60

Emergency MOTION for Enforcement of Injunction & Emergency MOTION to Expedite Ruling by District Judge on Emergency Motion for Enforcement of Injunction by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Exhibit State v. King petition for writ of mandamus, # 2 Exhibit State v. King scheduling order) (Marshall, Randall) (Entered: 02/17/2015)

1 Exhibit State v. King petition for writ of mandamus

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2 Exhibit State v. King scheduling order

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Feb. 17, 2015

Feb. 17, 2015

PACER
61

RESPONSE in Opposition re 58 MOTION to Intervene filed by Luther Strange. (Davis, James) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
62

RESPONSE in Opposition to 60 Plaintiffs' for Emergency Motion for Enforcement of Judgment, filed by Luther Strange. (Davis, James) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
63

REPLY to 61 Response in Opposition to Motion, 58 MOTION to Intervene filed by Alan King. (McMillan, French) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
64

REPLY to Response to Motion 60 for Enforcement of Injunction filed by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Marshall, Randall) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
65

NOTICE of Filing Exhibits by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser re: 60 Emergency MOTION for Enforcement of InjunctionEmergency MOTION to Expedite Ruling by District Judge on Emergency Motion for Enforcement of Injunction (Attachments: # 1 Exhibit 3: Jefferson County Probate Judge King and Madison County Probate Judge Ragland Joint Answer and Brief, # 2 Exhibit 4: Chilton County Probate Judge Martin Answer and Brief, # 3 Exhibit 5: Montgomery County Probate Judge Reed Answer and Brief, # 4 Exhibit 6: Mobile County Probate Judge Davis Response, # 5 Exhibit 7: Elmore County Probate Judge Enslen Answer, # 6 Exhibit 8: Equality Alabama Motion for Leave to File Amicus Brief and Brief, # 7 Exhibit 9: Eagle Forum of Alabama Education Foundation and Eagle Forum Education & Legal Defense Fund Motion for Leave to File Amici Brief and Brief, # 8 Exhibit 10: J. Stanton Glasscox Motion for Leave to File Amicus Brief and Brief, # 9 Exhibit 11: Extension of time until 10:00 a.m., Monday, February 23, 2015, to file Reply Brief) (Marshall, Randall) (Entered: 02/20/2015)

1 Exhibit 3: Jefferson County Probate Judge King and Madison County Probate Judge

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2 Exhibit 4: Chilton County Probate Judge Martin Answer and Brief

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3 Exhibit 5: Montgomery County Probate Judge Reed Answer and Brief

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4 Exhibit 6: Mobile County Probate Judge Davis Response

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5 Exhibit 7: Elmore County Probate Judge Enslen Answer

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6 Exhibit 8: Equality Alabama Motion for Leave to File Amicus Brief and Brief

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7 Exhibit 9: Eagle Forum of Alabama Education Foundation and Eagle Forum Education

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8 Exhibit 10: J. Stanton Glasscox Motion for Leave to File Amicus Brief and Brief

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9 Exhibit 11: Extension of time until 10:00 a.m., Monday, February 23, 2015, to fi

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Feb. 20, 2015

Feb. 20, 2015

PACER
66

ORDER DENYING Jefferson County Probate Judge Alan King's 58 Motion to Intervene as set out & STRIKING Judge King's 59 Motion for Preliminary Injunction as set out. Signed by Judge Callie V. S. Granade on 2/20/2015. (tot) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

RECAP
67

ORDER DENYING Plfs' 60 Emergency Motion for Enforcement of Judgment as set out. Signed by Judge Callie V. S. Granade on 2/20/2015. (tot) (Entered: 02/20/2015)

Feb. 20, 2015

Feb. 20, 2015

RECAP
68

ANSWER to 47 Amended Complaint, by Luther Strange. (Davis, James) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER
69

MOTION for Extension of Time to File Response/Reply as to 47 Amended Complaint, by Don Davis. (Satterwhite, Harry) (Entered: 03/02/2015)

March 2, 2015

March 2, 2015

PACER
70

Endorsed Order GRANTING Dft Davis' 69 Unopposed MOTION for Extension of Time to File Initial Responsive Pleading. Dft Davis is to file his initial responsive pleading no later than 4/3/2015. Signed by Judge Callie V. S. Granade on 3/3/2015. (tot) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
71

MOTION to Stay re 55 Order on Motion for Permanent Injunction, by Don Davis. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Satterwhite, Harry) (Entered: 03/05/2015)

1 Exhibit

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2 Exhibit

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3 Exhibit

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March 5, 2015

March 5, 2015

PACER
72

Order re: 71 MOTION to Stay 55 Order. Plfs are to file a response to the motion on or before 3/13/2015. Signed by Judge Callie V. S. Granade on 3/6/2015. (tot) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

RECAP
73

NOTICE of Appearance by Mark S. Boardman on behalf of Don Davis (Boardman, Mark) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
74

NOTICE of Appearance by Clay Richard Carr on behalf of Don Davis (Carr, Clay) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
75

NOTICE of Appearance by Teresa Bearden Petelos on behalf of Don Davis (Petelos, Teresa) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
76

MOTION to Amend Complaint, MOTION to Certify Class, MOTION for Preliminary Injunction by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Exhibit A -- Proposed Second Amended Complaint, # 2 Exhibit B -- McCoy Declaration, # 3 Exhibit C -- Ogle Declaration, # 4 Exhibit D -- Ingram Declaration, # 5 Exhibit E -- Wright Declaration) (Marshall, Randall) (Entered: 03/06/2015)

1 Exhibit A -- Proposed Second Amended Complaint

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2 Exhibit B -- McCoy Declaration

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3 Exhibit C -- Ogle Declaration

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4 Exhibit D -- Ingram Declaration

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5 Exhibit E -- Wright Declaration

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March 6, 2015

March 6, 2015

PACER
77

NOTICE of Filing Exhibits Notice of Filing Replacement Exhibits by Don Davis re: 71 MOTION to Stay re 55 Order on Motion for Permanent Injunction, (Attachments: # 1 Exhibit) (Satterwhite, Harry) (Entered: 03/06/2015)

1 Exhibit

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March 6, 2015

March 6, 2015

PACER
78

RESPONSE in Opposition re 76 MOTION to Amend Complaint MOTION to Certify Class MOTION for Preliminary Injunction filed by Luther Strange. (Strange, Luther) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

RECAP
79

MOTION for Ayesha N. Khan to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1709888, Online Credit Card Payment.) by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Attorney Admission Form, # 2 Certificate of Good Standing) (Khan, Ayesha) (Entered: 03/09/2015)

1 Attorney Admission Form

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2 Certificate of Good Standing

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March 9, 2015

March 9, 2015

PACER
80

ORDER re: 79 Motion to Appear Pro Hac Vice. Ayesha N. Khan is admitted pro hac vice as set out. Signed by Magistrate Judge William E. Cassady on 3/10/2015. (tot) (Entered: 03/10/2015)

March 10, 2015

March 10, 2015

PACER
81

NOTICE by Luther Strange re 78 Response in Opposition to Motion Notice of Filing Materials in Support of His Opposition to Plaintiffs' Motion to Amend (Attachments: # 1 Exhibit 1 - Hard.76.Order dismissing Bentley, # 2 Exhibit 2 - Hard.77.Stay Order) (Davis, James) (Entered: 03/10/2015)

1 Exhibit 1 - Hard.76.Order dismissing Bentley

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2 Exhibit 2 - Hard.77.Stay Order

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March 10, 2015

March 10, 2015

PACER
82

Order re: 76 MOTION to Amend Complaint, MOTION to Certify Class & MOTION for Preliminary Injunction. Dft Don Davis is to file a response or objections to the motion on or before 3/17/2015. Signed by Judge Callie V. S. Granade on 3/12/2015. (tot) (Entered: 03/12/2015)

March 12, 2015

March 12, 2015

RECAP
83

RESPONSE in Opposition re 71 MOTION to Stay re 55 Order on Motion for Permanent Injunction, filed by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Exhibit 1) (Minter, Shannon) (Entered: 03/13/2015)

1 Exhibit 1

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March 13, 2015

March 13, 2015

PACER
84

MOTION for Zachary A. Dietert to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1712533, Online Credit Card Payment.) by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Attorney Admission Form, # 2 Certificates of Good Standing) (Dietert, Zachary) (Entered: 03/13/2015)

1 Attorney Admission Form

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2 Certificates of Good Standing

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March 13, 2015

March 13, 2015

PACER
85

Supplement to 71 MOTION to Stay by Don Davis. (Carr, Clay) Modified on 3/16/2015 (tot). (Entered: 03/13/2015)

March 13, 2015

March 13, 2015

PACER
86

MOTION for Scott D. McCoy to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1712575, Online Credit Card Payment.) by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Exhibit A - Attorney Application for Admission to Practice Pro Hac Vice, # 2 Exhibit B - Certificate of Good Standing for Scott D. McCoy) (McCoy, Scott) (Entered: 03/13/2015)

1 Exhibit A - Attorney Application for Admission to Practice Pro Hac Vice

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2 Exhibit B - Certificate of Good Standing for Scott D. McCoy

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March 13, 2015

March 13, 2015

PACER
87

RESPONSE in Opposition to 85 Supplement to 71 MOTION to Stay filed by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (McCoy, Scott) Modified on 3/16/2015 (tot). (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

PACER
88

ORDER DENYING Judge Don Davis' 71 Motion to Stay Court's 2/12/15 Preliminary Injunction Order as set out. Signed by Judge Callie V. S. Granade on 3/16/2015. (tot) (Entered: 03/16/2015)

March 16, 2015

March 16, 2015

RECAP
89

Order re: Plfs' 76 MOTION to Amend Complaint, MOTION to Certify Class & MOTION for Preliminary Injunction. Dft Strange is to file a response to the motions to certify class & for preliminary injunction on or before 3/23/2015. Signed by Judge Callie V. S. Granade on 3/17/2015. (tot) (Entered: 03/17/2015)

March 17, 2015

March 17, 2015

PACER
90

RESPONSE in Opposition re 76 MOTION to Amend Complaint MOTION to Certify Class MOTION for Preliminary Injunction filed by Don Davis. (Attachments: # 1 Exhibit Judge Davis's Correction to Certificate of Service) (Carr, Clay) (Entered: 03/17/2015)

1 Exhibit Judge Davis's Correction to Certificate of Service

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March 17, 2015

March 17, 2015

PACER
91

MOTION for Leave to File Excess Pages for Reply in Support of Plaintiffs' Motion for Leave to File Second Amended Complaint, Class Certification, and Preliminary Injunction by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (McCoy, Scott) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

PACER
92

ORDER granting 76 Motion to Amend Complaint. Signed by Judge Callie V. S. Granade on 3/18/2015. copies to parties. (sdb) (Entered: 03/18/2015)

March 18, 2015

March 18, 2015

RECAP
93

ENDORSED ORDER granting Plfs' 91 Motion for Leave to File Over-Length Reply Memorandum on or before 3/25/15. Signed by Judge Callie V. S. Granade on 3/19/2015. (tot) (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER
94

ORDER re: 84 Motion to Appear Pro Hac Vice. Zachary A. Dietert is admitted pro hac vice as set out. Signed by Magistrate Judge William E. Cassady on 3/19/2015. (tot) Modified on 3/19/2015 (tot). (Entered: 03/19/2015)

March 19, 2015

March 19, 2015

PACER
95

AMENDED COMPLAINT against Don Davis, Luther Strange, Tim Russell, filed by James N. Strawser, Anna Lisa Carmichael, Kristy Simmons, Marshay Safford, Meredith Miller, Milton Persinger, Robert Povilat, John E. Humphrey, Albert Halloway Pigg III, Gary Wayne Wright II, Brandon Mabrey, Keith Ingram, Kristie Ogle, Jennifer Ogle. (Attachments: # 1 Proposed Summons) (Minter, Shannon) (Entered: 03/19/2015)

1 Proposed Summons

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March 19, 2015

March 19, 2015

PACER
96

Summons Issued as to Tim Russell. (NOTE TO COUNSEL: The Summons has been issued. Please print copies necessary for service.) (tot) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER
97

AFFIDAVIT of Service for Summons, Second Amended Complaint, other pending documents served on Baldwin County Probate Court Judge Tim Russell on March 20,2015, filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Marshall, Randall) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER
98

Order re: 86 MOTION for Scott D. McCoy to Appear Pro Hac Vice. Counselor McCor is admitted pro hac vice as set out. Mr. McCoy shall supplement his application with a certificate of good standing from one federal court in which has been admitted to practice by 4/3/2015. Signed by Magistrate Judge William E. Cassady on 3/20/2015. (tot) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

PACER
99

RESPONSE in Opposition re 76 MOTION to Amend Complaint MOTION to Certify Class MOTION for Preliminary Injunction filed by Luther Strange. (Howell, Laura) (Entered: 03/23/2015)

March 23, 2015

March 23, 2015

PACER
100

REPLY Brief filed by Plaintiffs Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II re: 76 MOTION to Amend Complaint MOTION to Certify Class MOTION for Preliminary Injunction filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Attachments: # 1 Exhibit A - Rhodes Declaration, # 2 Exhibit B - Proposed Order) (McCoy, Scott) (Entered: 03/24/2015)

1 Exhibit A - Rhodes Declaration

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2 Exhibit B - Proposed Order

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March 24, 2015

March 24, 2015

RECAP

Case Details

State / Territory: Alabama

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 11, 2014

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons in Alabama who wished to obtain a marriage license in order to marry a person of the same sex and to have that marriage recognized under Alabama law, and who were unable to do so because of the enforcement of Alabama's laws prohibiting the issuance of marriage licenses to same-sex couples and barring recognition of their marriages

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Lesbian Rights (NCLR)

Southern Poverty Law Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State of Alabama, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Free Exercise Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Attorneys fees

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: $315,943.00

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

Issues

General:

Gay/lesbian/transgender

Government Services

Marriage

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

Discrimination-basis:

Sexual orientatation