Case: Miller v. Davis

0:15-cv-00044 | U.S. District Court for the Eastern District of Kentucky

Filed Date: July 2, 2015

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 2, 2015, plaintiffs -- two same sex couples -- filed this lawsuit under 42 U.S.C. § 1983 against Rowan County Clerk Kim Davis, in the U.S. District Court for the Eastern District of Kentucky. The plaintiffs, represented by the ACLU of Kentucky, asked the court for both injunctive and declaratory relief, alleging that Davis's refusal to issue marriage licenses to same sex couples violated their rights under the Fourteenth Amendment's Equal Protection and Due Process Clauses and the Firs…

On July 2, 2015, plaintiffs -- two same sex couples -- filed this lawsuit under 42 U.S.C. § 1983 against Rowan County Clerk Kim Davis, in the U.S. District Court for the Eastern District of Kentucky. The plaintiffs, represented by the ACLU of Kentucky, asked the court for both injunctive and declaratory relief, alleging that Davis's refusal to issue marriage licenses to same sex couples violated their rights under the Fourteenth Amendment's Equal Protection and Due Process Clauses and the First Amendment's Establishment Clause. The plaintiffs also sought class action certification for all persons similarly situated. The case was assigned to United States District Judge David Bunning.

This case is a direct result of the Supreme Court decision, Obergefell v. Hodges, which held that same sex couples had a fundamental right to marry. Obergefell v. Hodges, 135 S. Ct. 2584 (2015). Immediately after Obergefell, the Governor of Kentucky had explicitly instructed all county clerks to issue marriage licenses to same sex couples. So once this case was filed, Davis filed a third party complaint under 42 U.S.C. § 1983 against the Governor and State Librarian of Kentucky alleging that the Governor's mandate to issue marriage licenses violated her right to religious conscience under the First Amendment.

Arguments in the District Court centered on whether Ms. Davis, as an elected official, had a right to deny same sex marriage licenses as a matter of religious liberty. Judge Bunning found that the instruction by the Governor to issue same-sex marriage licenses was facially neutral as to its implication on any particular religion. The Court therefore found (applying a rational basis test) that the Governor's goal was simply to ensure that the activities of the State of Kentucky were consistent with the jurisprudence of the U.S. Supreme Court. Ms. Davis, therefore, had no relevant protected religious liberty interest.

As a result of this reasoning, on August 12, 2015, Judge Bunning issued a preliminary injunction enjoining the defendant from continuing to refuse marriage licenses to same sex couples. 123 F. Supp. 3d 924 (E.D. Ky. 2015). Davis immediately appealed to the Sixth Circuit (docketed no. 15-5880), and filed a motion to stay the injunction pending appeal. The district court denied the motion to stay, but then temporarily stayed the order to give the appellate court an opportunity to review the denial of the stay. On August 26, 2015, the Sixth Circuit denied the motion for a stay. 2015 WL 10692640. Davis further appealed to the United Supreme Court, which also denied her application for stay. 136 S.Ct. 23.

Nonetheless, Davis continued to refuse marriage licenses to same sex couples. After a hearing on September 3, 2015, she was held in contempt of court, and jailed for civil contempt until September 8, 2015, at which time she was released from jail provided that she not interfere with the ongoing issuance of marriage licenses by Rowan County's deputy clerks.

Davis appealed. She also sought an injunction against the Kentucky government prohibiting state authorities from directing her to authorize the issuance of marriage licenses while her appeal was pending at the Sixth Circuit. On September 11, 2015, the district court (Judge David L. Bunning) denied Davis's request. 2015 WL 9461520 (E.D. Ky. Sept. 11, 2015). Davis also asked the Sixth Circuit to stay the plaintiffs' injunction against her pending her appeal. On September 17, 2015, the Sixth Circuit denied her request. Finally, Davis asked for an emergency stay of the injunction against her. The district court denied this request. 2015 WL 9460311 (E.D. Ky. Sept. 23, 2015). Davis then appealed the denial of the stay of the September 3 order (docket no. 15-5978), but the Sixth Circuit affirmed the denial on November 5, 2015. 2015 WL 10692638 (6th Cir.).

The Sixth Circuit scheduled oral argument on Davis's remaining appeals for July 28, 2016.

After she was released from jail, Davis had returned to work and she changed the forms that they used to issue marriage licenses. Worried that these forms would not be considered valid, the plaintiffs filed a motion to enforce the injunction against Davis and require her to use the old forms. However, on February 9, 2016, the district court denied the plaintiffs' request as moot because the forms were valid and same-sex marriage licenses were being issued by the office.

On April 19, 2016, the Sixth Circuit issued an order dismissing the state defendants from the case for lack of jurisdiction.

On July 13, 2016, the Sixth Circuit dismissed the multiple pending appeals pursuant to Senate Bill 216, which would allow the removal of the name of the county clerk from marriage license forms. 667 Fed.Appx. 537. SB 216 was to take effect prior to oral arguments in the Sixth Circuit, rendering the appeals moot. In response, the district court vacated the preliminary injunctions and denied all pending motions as moot on August 18, 2016.

On July 21, 2017, the district court awarded the plaintiffs $224,703.08 in attorneys' fees and costs. 267 F.Supp.3d 961. It required Kentucky, rather than the Clerk’s Office or Rowan County, to pay the award. Davis appealed the award in the Sixth Circuit on November 22, 2017 (docket no. 17-6404). The Kentucky defendants also appealed the fee award (docket no. 17-6385). Throughout 2018, the parties briefed the appeal. Oral argument was held on January 31, 2019. Judges Richard Griffin, Helene White, and John Bush affirmed the district court’s award of attorney’s fees on August 23, 2019. 936 F.3d 442. In addition, the Sixth Circuit affirmed that the liability should be imposed on Kentucky because Davis acted on Kentucky’s behalf when issuing and refusing to issue marriage licenses.

The plaintiffs then had until November 4, 2019 to submit a request for attorneys' fees for all work performed subsequent to the July 21, 2017 order. On November 4, 2019 the plaintiffs submitted a request for an extension to submit the request. As of January 2020, this case was ongoing.

Summary Authors

Sarah Prout (9/17/2015)

Jessica Kincaid (4/2/2016)

Virginia Weeks (2/18/2018)

Maddie McFee (11/26/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4510283/parties/miller-v-davis/


Judge(s)

Batchelder, Alice Moore (Ohio)

Bunning, David L. (Kentucky)

Donald, Bernice Bouie (Tennessee)

Griffin, Richard Allen (Michigan)

Keith, Damon Jerome (Michigan)

Kethledge, Raymond M. (Michigan)

Levy, Judith Ellen (Michigan)

Rogers, John M. (District of Columbia)

Attorneys(s) for Plaintiff

Canon, Daniel J. (Kentucky)

Cubbage, Amy D. (Kentucky)

Judge(s)

Batchelder, Alice Moore (Ohio)

Bunning, David L. (Kentucky)

Donald, Bernice Bouie (Tennessee)

Griffin, Richard Allen (Michigan)

Keith, Damon Jerome (Michigan)

Kethledge, Raymond M. (Michigan)

Levy, Judith Ellen (Michigan)

Rogers, John M. (District of Columbia)

Attorneys(s) for Plaintiff

Canon, Daniel J. (Kentucky)

Cubbage, Amy D. (Kentucky)

Dunman, Leonard J. IV (Kentucky)

Esseks, James Dixon (New York)

Landenwich, Laura E. (Kentucky)

Mach, Daniel (District of Columbia)

Mar, Ria Tabacco (New York)

Sharp, William E. (Kentucky)

Weaver, Heather Lynn (District of Columbia)

Attorneys(s) for Defendant

Christman, Jonathan (Florida)

Lear, William M. (Kentucky)

Mando, Jeffrey C. (Kentucky)

Mihet, Horatio G. (Florida)

Parsons, Claire (Kentucky)

Vance, Palmer (Kentucky)

Watkins, Cecil (Kentucky)

Other Attorney(s)

Campbell, Michael (Kentucky)

Clark, Jeremy (Kentucky)

Cone, C. Timothy (Kentucky)

Fleenor, David E. (Kentucky)

Flores, Mark Anthony (Kentucky)

Fox, Michael B. (Kentucky)

Gannam, Roger K. (Florida)

Hughes, Richard A. (Kentucky)

Joy, Sebastian J. (Kentucky)

Markelonis, Andy (Kentucky)

Murphy, Vaughn (Kentucky)

Silletto, Aaron J. (Kentucky)

Stoltz, Stephen Paul (Kentucky)

Expert/Monitor/Master

Donahue, A.C. (Kentucky)

Documents in the Clearinghouse

Document

0:15-cv-00044

Docket [PACER]

Nov. 4, 2019

Nov. 4, 2019

Docket
1

0:15-cv-00044

Complaint [Proposed Class Action]

July 2, 2015

July 2, 2015

Complaint
2

15-cv-00444

Motion for Preliminary Injunction

July 2, 2015

July 2, 2015

Pleading / Motion / Brief
31

0:15-cv-00044

Motion and Memorandum to Certify Class

Aug. 2, 2015

Aug. 2, 2015

Pleading / Motion / Brief
34

0:15-cv-00044

Verified Third-Party Complaint of Kim Davis

Aug. 4, 2015

Aug. 4, 2015

Complaint
39

0:15-cv-00044

Motion for Preliminary Injunction [Motion for Preliminary Injunction by Defendant-Third Party Plaintiff]

Aug. 7, 2015

Aug. 7, 2015

Pleading / Motion / Brief
43

0:15-cv-00044

Memorandum and Order [Preliminary Injunction]

123 F.Supp.3d 924, 2015 WL 4866729

Aug. 12, 2015

Aug. 12, 2015

Order/Opinion
45

0:15-cv-00044

Motion and Memorandum to Stay August 12, 2015 Injunction Pending Appeal

Aug. 13, 2015

Aug. 13, 2015

Pleading / Motion / Brief
52

0:15-cv-00044

Order [Order denying Defendant's Motion to Stay but suspending the denial pending review by the Sixth Circuit]

2015 WL 12976121

Aug. 17, 2015

Aug. 17, 2015

Order/Opinion
55

0:15-cv-00044

Order [Order setting expiration date for suspension of preliminary injunction to August 31, 2015]

Aug. 19, 2015

Aug. 19, 2015

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4510283/miller-v-davis/

Last updated Aug. 4, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( Filing fee $400; receipt number 0643-3252874), filed by Karen Ann Roberts, Shantel Burke, Jody Fernandez, Barry W. Spartman, Kevin Holloway, April Miller, Stephen Napier, L. Aaron Skaggs. (Attachments: # 1 Exhibit 1 - Cheves Article, # 2 Exhibit 2 - Wolfson Article, # 3 Exhibit 3 - Gov. Letter, # 4 Civil Cover Sheet, # 5 Case Assignment, # 6 Summons Davis, # 7 Summons Rowan County, KY)(SKV) (Entered: 07/03/2015)

1 Exhibit 1 - Cheves Article

View on PACER

2 Exhibit 2 - Wolfson Article

View on PACER

3 Exhibit 3 - Gov. Letter

View on PACER

4 Civil Cover Sheet

View on PACER

5 Case Assignment

View on PACER

6 Summons Davis

View on PACER

7 Summons Rowan County, KY

View on PACER

July 2, 2015

July 2, 2015

RECAP
2

MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(SKV) (Entered: 07/03/2015)

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

July 2, 2015

July 2, 2015

PACER
3

Summons Issued as to Kim Davis,Individually, Kim Davis in her official capacity as Rowan County Clerk, and Rowan County, Kentucky for service on the County Judge Executive; Summons issued and returned to counsel electronically for service by Certified Mail. (Attachments: # 1 Summons Kim Davis, Officially, # 2 Summons Rowan County, KY) (SKV) (Entered: 07/03/2015)

1 Summons Kim Davis, Officially

View on PACER

2 Summons Rowan County, KY

View on PACER

July 2, 2015

July 2, 2015

PACER

Conflict Check

July 3, 2015

July 3, 2015

PACER

Motion Submitted

July 3, 2015

July 3, 2015

PACER

File Submitted

July 6, 2015

July 6, 2015

PACER

Motion Submitted

July 6, 2015

July 6, 2015

PACER
4

ORDER: IT IS ORDERED that the above-styled action is hereby REASSIGNED to Honorable David L. Bunning, Judge of the Eastern District of Kentucky, for all further proceedings. Judge Henry R. Wilhoit, Jr recused. Signed by Judge Henry R. Wilhoit, Jr on 7/6/15.(KSS)cc: COR (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

RECAP
5

ORDER re 2 MOTION for Preliminary Injunction: IT IS ORDERED that this matter be and is, hereby scheduled for a preliminary injunction hearing on Monday, July 13, 2015 at 12:00 p.m. in Ashland, Ky before Judge David L. Bunning. Signed by Judge David L. Bunning on 7/6/15.(KSS)cc: COR (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

RECAP
6

NOTICE TO ATTORNEY L. Joe Dunman by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (KSS) (Entered: 07/06/2015)

July 6, 2015

July 6, 2015

RECAP

Bar Status Check completed

July 8, 2015

July 8, 2015

PACER

Motion Submitted

July 8, 2015

July 8, 2015

PACER
7

MOTION for Jonathan D. Christman to Appear Pro Hac Vice for Defendant Kim Davis (Attachments: # 1 Exhibit A-Certificate of Good Standing Pennsylvania, # 2 Cover letter, # 3 Receipt)(KSS) (Entered: 07/08/2015)

1 Exhibit A-Certificate of Good Standing Pennsylvania

View on PACER

2 Cover letter

View on PACER

3 Receipt

View on PACER

July 8, 2015

July 8, 2015

PACER
8

MOTION for Roger K. Gannam to Appear Pro Hac Vice for Defendant Kim Davis (Attachments: # 1 Exhibit A-Certificate of Good Standing Florida, # 2 Exhibit B-Request for certificate, # 3 Exhibit C-The Florida Bar webpage, # 4 Cover letter, # 5 Receipt)(KSS) (Entered: 07/08/2015)

1 Exhibit A-Certificate of Good Standing Florida

View on PACER

2 Exhibit B-Request for certificate

View on PACER

3 Exhibit C-The Florida Bar webpage

View on PACER

4 Cover letter

View on PACER

5 Receipt

View on PACER

July 8, 2015

July 8, 2015

PACER
9

VIRTUAL ORDER: granting 8 Motion to Appear Pro Hac Vice by Roger K. Gannam for Kim Davis granting 7 Motion to Appear Pro Hac Vice by Jonathan D. Christman for Kim Davis. Signed by Judge David L. Bunning on 7/9/2015. (KSS)cc: COR, Gannam, Christman (via US Mail w/ECF packet) (Entered: 07/09/2015)

July 9, 2015

July 9, 2015

PACER

Add and Terminate Attorneys

July 13, 2015

July 13, 2015

PACER
10

MINUTE ENTRY ORDER PRELIMINARY INJUNCTION HEARING held on 7/13/2015 re 2 MOTION for Preliminary Injunction; matter was called with parties present; during hearing counsel advised that dft Kim Davis had not yet been formally served; court having heard counsel and testimony of witnesses and 1) dft Kim Davis oral motion to continue hearing and deny motion for prel inj w/o prej for lack of service on dft is denied; Counsel for Kim Davis oral motion to certify that issue for Sixth Circuit is is also denied 2) pla oral motion to convert to a TRO hearing is denied 3) the evidentiary portion of the hearing is continued generally as set forth in paragraph six herein 4) dft shall be prepared to produce evidence of the Rowan County Clerk's formal functions and duties at the reconvened hearing 5) dfts written Responses due by 7/30/2015, and pla Replies due NLT 7 days thereafter; 6) pla shall file forthwith a notice of service as soon as dft Kim Davis has been formally served; upon filing of that Notice, the court will reconvene the evidentiary portion of the prel. inj hearing in Covington on a date not earlier than 7/20/15; the court will contact counsel prior to scheduling that reconvened hearing. before Judge David L. Bunning: (Court Reporter Peggy Weber.) (SMT)cc: COR (Entered: 07/14/2015)

July 13, 2015

July 13, 2015

RECAP
16

Witness List for Preliminary Injunction Hearing held on 7/13/2015. (KSS) (Entered: 07/14/2015)

July 13, 2015

July 13, 2015

PACER

Add and Terminate Attorneys

July 14, 2015

July 14, 2015

PACER
11

NOTICE OF MANDATORY ECF DIRECTED TO Cecil R. Watkins, non-registered re 10 Motion Hearing minute order HAD TO BE MAILED TO, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR, with ecf packet (SMT) (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER
12

STRICKEN FROM DOCKET AS AN INCOMPLETE DOCUMENT (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER
13

STRICKEN FROM DOCKET AS AN IN COMPLETE DOCUMENT (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER
14

NOTICE OF APPEARANCE by Rowan County, Kentucky. (Mando, Jeffrey) (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER
15

NOTICE OF APPEARANCE by Kim Davis, Kim Davis. (Donahue, Anthony) (Entered: 07/14/2015)

July 14, 2015

July 14, 2015

PACER

Notice of Action Striking a Document from the Record

July 15, 2015

July 15, 2015

PACER
17

INCORRECTLY FILED SUMMONS Returned Executed by Karen Ann Roberts, Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier via certified mail, Restricted Delivery, Return Receipt to Rowan County, Kentucky served on 7/9/2015, answer due 7/30/2015. (Attachments: # 1 Certified Mail Slips, # 2 screen Shot showing deliveryc, # 3 return receipt)(Landenwich, Laura) Modified on 7/16/2015 See DE 20 for correction (KSS). (Entered: 07/15/2015)

1 Certified Mail Slips

View on PACER

2 screen Shot showing deliveryc

View on PACER

3 return receipt

View on PACER

July 15, 2015

July 15, 2015

PACER
18

ORDER: IT IS ORDERED that the parties shall RECONVENE before the Court on Monday, July 20, 2015 at 10:00 a.m. in Covington. The parties shall come prepared to CONCLUDE the evidentiary portion of the preliminary injunction hearing. Signed by Judge David L. Bunning on 7/15/15.(KSS)cc: COR (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

PACER
19

SUMMONS Returned Executed by Karen Ann Roberts, Shantel Burke, Jody Fernandez, Barry W. Spartman, Kevin Holloway, April Miller, Stephen Napier, L. Aaron Skaggs via Personal Service to (Sharp, William) (Entered: 07/15/2015)

July 15, 2015

July 15, 2015

PACER
20

SUMMONS Returned Executed by Karen Ann Roberts, Shantel Burke, Jody Fernandez, Barry W. Spartman, Kevin Holloway, Kim Davis, April Miller, Stephen Napier, L. Aaron Skaggs via Certified Mail to (Attachments: # 1 Receipt Blevins Receipt)(Canon, Daniel) (Entered: 07/15/2015)

1 Receipt Blevins Receipt

View on PACER

July 15, 2015

July 15, 2015

PACER
21

TRANSCRIPT of Proceedings: Preliminary Injunction held on 07-13-2015 before Judge Bunning. Court Reporter: Peggy W. Weber, Telephone number 859-421-0814. Transcript ordered by: Roger Gannam, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/10/2015. Redacted Transcript Deadline set for 8/20/2015. Release of Transcript Restriction set for 10/19/2015. (Entered: 07/16/2015)

July 16, 2015

July 16, 2015

PACER

File Submitted

July 17, 2015

July 17, 2015

PACER
22

ORDER: IT IS ORDERED that Defendant Kim Davis' counsel shall formally enter their appearances in advance of the hearing set for Monday, July 20, 2015 at 10:00 a.m. in Covington. Signed by Judge David L. Bunning on 7/17/15.(KSS)cc: COR (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

PACER
23

NOTICE OF APPEARANCE by Kim Davis, Kim Davis. (Gannam, Roger) (Entered: 07/17/2015)

July 17, 2015

July 17, 2015

PACER
24

MINUTE ENTRY ORDER FOR PRELIMINARY INJUNCTION MOTION HEARING held on 7/20/2015 re 2 MOTION for Preliminary Injunction before Judge David L. Bunning. Court reconvened to conclude evidentiary portion of preliminary injunction hearing; IT IS ORDERED as follows: 1) Dft Kim Davis' oral motion to dismiss Plf's Motion for Preliminary Injunction R. 2 is denied. 2) The Clerk is directed to submit Plf's Motion for Preliminary Injunction DE 2 to the undersigned chambers for decision upon the filing of Dft's written response and Plf's reply (Court Reporter Lisa Wiesman.) (KSS)cc: COR (Entered: 07/20/2015)

July 20, 2015

July 20, 2015

RECAP
25

Witness and Exhibit List from Preliminary Injunction Hearing held on 7/20/2015 in COVINGTON. (KSS) (Entered: 07/21/2015)

July 20, 2015

July 20, 2015

PACER
26

TRANSCRIPT of Proceedings: Preliminary Injunction Hearing held on July 20, 2015 before Judge David L. Bunning. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Roger K. Gannam, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/17/2015. Redacted Transcript Deadline set for 8/27/2015. Release of Transcript Restriction set for 10/26/2015. (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

PACER
27

ANSWER to 1 Complaint, with Jury Demand by Rowan County, Kentucky.(Mando, Jeffrey) (Entered: 07/29/2015)

July 29, 2015

July 29, 2015

RECAP
28

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman filed by Rowan County, Kentucky. (Mando, Jeffrey) Modified on 8/13/2015 to reflect Supplemental Memorandum in Opposition filed 8/7/15 at DE#49 per Order DE#48 (KSS). (Entered: 07/30/2015)

July 30, 2015

July 30, 2015

PACER
29

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman filed by Kim Davis, Kim Davis. (Attachments: # 1 Exhibit A: July 13, 2015 Hearing Transcript, # 2 Exhibit B: July 20, 2015 Hearing Transcript, # 3 Exhibit C: Copies of Davis Exhibits 1 through 5 admitted at July 20, 2015, # 4 Exhibit D: Collection of Kentucky marriage law provisions from Chapter 402 of KRS, # 5 Exhibit E: Kentucky RFRA, # 6 Exhibit F: Governor Beshear Press Release dated June 26, 2015, # 7 Exhibit G: News Article re: issuance of marriage licenses in Boyd County dated July 9, 2015, # 8 Exhibit H: News Article re: issuance of marriage licenses in Kenton County dated June 29, 2015, # 9 Exhibit I: Governor Beshear Press Release dated July 9, 2015, # 10 Exhibit J: Governor Beshear Press Release dated July 7, 2015, # 11 Exhibit K: Governor Beshear Public Statement on July 21, 2015, # 12 Exhibit L: Attorney General Conways Public Statement on March 4, 2014, # 13 Exhibit M: Governor Beshear Press Release dated March 4, 2014, # 14 Exhibit N: Kentucky LRC Reports on Kentucky RFRA, # 15 Exhibit O: News Article re: fees paid by Kentucky to defend Kentucky marriage law dated May 20, 2015, # 16 Exhibit P: News Article re: Governor Beshears appeal in Bourke v. Beshear dated March 4, 2014, # 17 Exhibit Q: News Article re: hiring of private law firm after Attorney General Conway refused to defend Kentucky marriage law dated April 18, 2014, # 18 Exhibit R: News Article re: July 20, 2015 hearing dated July 21, 2015, # 19 Exhibit S: News Article re: Kentucky legislature general session dated July 10, 2015, # 20 Exhibit T: Prefiled Kentucky House Bill for January 2016 general session to protect religious liberties, # 21 Exhibit U: Map of Kentucky counties)(Christman, Jonathan) (Entered: 07/30/2015)

1 Exhibit A: July 13, 2015 Hearing Transcript

View on PACER

2 Exhibit B: July 20, 2015 Hearing Transcript

View on PACER

3 Exhibit C: Copies of Davis Exhibits 1 through 5 admitted at July 20, 2015

View on PACER

4 Exhibit D: Collection of Kentucky marriage law provisions from Chapter 402 of KR

View on PACER

5 Exhibit E: Kentucky RFRA

View on PACER

6 Exhibit F: Governor Beshear Press Release dated June 26, 2015

View on PACER

7 Exhibit G: News Article re: issuance of marriage licenses in Boyd County dated J

View on PACER

8 Exhibit H: News Article re: issuance of marriage licenses in Kenton County dated

View on PACER

9 Exhibit I: Governor Beshear Press Release dated July 9, 2015

View on PACER

10 Exhibit J: Governor Beshear Press Release dated July 7, 2015

View on PACER

11 Exhibit K: Governor Beshear Public Statement on July 21, 2015

View on PACER

12 Exhibit L: Attorney General Conways Public Statement on March 4, 2014

View on PACER

13 Exhibit M: Governor Beshear Press Release dated March 4, 2014

View on PACER

14 Exhibit N: Kentucky LRC Reports on Kentucky RFRA

View on PACER

15 Exhibit O: News Article re: fees paid by Kentucky to defend Kentucky marriage la

View on PACER

16 Exhibit P: News Article re: Governor Beshears appeal in Bourke v. Beshear dated

View on PACER

17 Exhibit Q: News Article re: hiring of private law firm after Attorney General Co

View on PACER

18 Exhibit R: News Article re: July 20, 2015 hearing dated July 21, 2015

View on PACER

19 Exhibit S: News Article re: Kentucky legislature general session dated July 10,

View on PACER

20 Exhibit T: Prefiled Kentucky House Bill for January 2016 general session to prot

View on PACER

21 Exhibit U: Map of Kentucky counties

View on PACER

July 30, 2015

July 30, 2015

RECAP
30

ORDER: IT IS HEREBY ORDERED that Plf's Reply Brief shall address Dft Rowan County's arguments re the pursuit of injunctive relief against Dft Kim Davis in her official capacity. Specifically, Plf's shall explain (1) whether they intend to pursue injunctive relief against Dft Kim Davis in her official capacity and/or individual capacity; and (2) if Plf's still intend to pursue injunctive relief against Dft Kim Davis in her official capacity, the legal basis for doing so. Signed by Judge David L. Bunning on 7/31/15.(KSS)cc: COR (Entered: 07/31/2015)

July 31, 2015

July 31, 2015

RECAP
31

MOTION to Certify Class by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Sharp, William) (Entered: 08/02/2015)

1 Memorandum in Support

View on RECAP

2 Proposed Order

View on RECAP

Aug. 2, 2015

Aug. 2, 2015

PACER
32

MOTION to Dismiss by Kim Davis, Kim Davis (Attachments: # 1 Memorandum in Support of Defendant Kim Davis' Motion to Dismiss Plaintiffs' Complaint, # 2 Proposed Order Granting Defendant Kim Davis' Motion to Dismiss Plaintiffs' Complaint)(Christman, Jonathan) (Entered: 08/04/2015)

1 Memorandum in Support of Defendant Kim Davis' Motion to Dismiss Plaintiffs

View on PACER

2 Proposed Order Granting Defendant Kim Davis' Motion to Dismiss Plaintiffs&

View on PACER

Aug. 4, 2015

Aug. 4, 2015

PACER
33

INCORRECTLY FILED VERIFIED THIRD PARTY COMPLAINT against Steven L. Beshear, Wayne Onkst, filed by Kim Davis, Kim Davis. (Attachments: # 1 Exhibit A. Pre-Obergefell KDLA marriage license form (Def. Ex. 2), # 2 Exhibit B. 1/23/15 Letter to Senator Robertson from Kim Davis (Def. Ex. 1), # 3 Exhibit C. 6/26/15 Letter from Governor Beshear to County Clerks (Def. Ex. 4), # 4 Exhibit D. Post-Obergefell KDLA marriage license form (Def. Ex. 3), # 5 Exhibit E. 7/8/15 Letter from Kim Davis to Governor Beshear (Def. Ex. 5))(Gannam, Roger) Modified on 8/5/2015 TO STATE INCORRECTLY FILED SEE ENTRY 34 FOR CORRECT ENTRY (SMT). (Entered: 08/04/2015)

1 Exhibit A. Pre-Obergefell KDLA marriage license form (Def. Ex. 2)

View on PACER

2 Exhibit B. 1/23/15 Letter to Senator Robertson from Kim Davis (Def. Ex. 1)

View on PACER

3 Exhibit C. 6/26/15 Letter from Governor Beshear to County Clerks (Def. Ex. 4)

View on PACER

4 Exhibit D. Post-Obergefell KDLA marriage license form (Def. Ex. 3)

View on PACER

5 Exhibit E. 7/8/15 Letter from Kim Davis to Governor Beshear (Def. Ex. 5)

View on PACER

Aug. 4, 2015

Aug. 4, 2015

RECAP
34

VERIFIED THIRD PARTY COMPLAINT (corrected filing to include summonses) against Steven L. Beshear, Wayne Onkst, filed by Kim Davis, Kim Davis. (Attachments: # 1 Exhibit A. Pre-Obergefell KDLA marriage license form (Def. Ex. 2), # 2 Exhibit B. 1/23/15 Letter to Senator Robertson from Kim Davis (Def. Ex. 1), # 3 Exhibit C. 6/26/15 Letter from Governor Beshear to County Clerks (Def. Ex. 4), # 4 Exhibit D. Post-Obergefell KDLA marriage license form (Def. Ex. 3), # 5 Exhibit E. 7/8/15 Letter from Kim Davis to Governor Beshear (Def. Ex. 5), # 6 Summons Governor Steven L. Beshear, # 7 Summons State Librarian and Commissioner Wayne Onkst)(Gannam, Roger) (Entered: 08/04/2015)

1 Exhibit A. Pre-Obergefell KDLA marriage license form (Def. Ex. 2)

View on PACER

2 Exhibit B. 1/23/15 Letter to Senator Robertson from Kim Davis (Def. Ex. 1)

View on RECAP

3 Exhibit C. 6/26/15 Letter from Governor Beshear to County Clerks (Def. Ex. 4)

View on PACER

4 Exhibit D. Post-Obergefell KDLA marriage license form (Def. Ex. 3)

View on PACER

5 Exhibit E. 7/8/15 Letter from Kim Davis to Governor Beshear (Def. Ex. 5)

View on RECAP

6 Summons Governor Steven L. Beshear

View on PACER

7 Summons State Librarian and Commissioner Wayne Onkst

View on PACER

Aug. 4, 2015

Aug. 4, 2015

RECAP
35

Summons Issued as to Steven L. Beshear, Wayne Onkst; Summons issued and returned to counsel electronically (SMT) (Entered: 08/05/2015)

Aug. 4, 2015

Aug. 4, 2015

PACER
36

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman filed by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman. (Sharp, William) (Entered: 08/06/2015)

Aug. 6, 2015

Aug. 6, 2015

RECAP
37

MOTION for Leave by Rowan County, Kentucky (Attachments: # 1 Proposed Order, # 2 Supplement Supplemental Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction)(Mando, Jeffrey) (Entered: 08/07/2015)

1 Proposed Order

View on PACER

2 Supplement Supplemental Memorandum in Opposition to Plaintiffs' Motion for

View on PACER

Aug. 7, 2015

Aug. 7, 2015

PACER
38

ORDER: The Court having reviewed the briefing on Plf's Motion for Preliminary Injunction, Docs 2 28 29 and 36 and being otherwise sufficiently advised, IT IS ORDERED that this matter be, and is, hereby set for a telephonic conference on Monday, August 10, 2015 at 9:00 a.m.. The parties shall be prepared to address the pursuit of injunctive relief against Def Davis in her official capacity as Rowan County Clerk. Arguments shall be limited to fifteen (15) mins per side. No further briefing shall be permitted. The parties must dial in to this conference at least five (5) mins in advance of the scheduled time by the steps herein. Signed by Judge David L. Bunning on 8/7/15.(KSS)cc: COR (Entered: 08/07/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
39

MOTION for Preliminary Injunction by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) (Attachments: # 1 Memorandum in Support of Defendant/Third-Party Plaintiff Kim Davis' Motion for Preliminary Injunction, # 2 Exhibit A: Verified Third-Party Complaint of Defendant Kim Davis, # 3 Exhibit B: July 13, 2015 Hearing Transcript, # 4 Exhibit C: July 20, 2015 Hearing Transcript, # 5 Exhibit D: Kentucky LRC Reports on Kentucky RFRA, # 6 Exhibit E: Prefiled Kentucky House Bill for January 2016 general session to protect religious liberties, # 7 Proposed Order Granting Defendant/Third-Party Plaintiff Kim Davis' Motion for Preliminary Injunction)(Christman, Jonathan) (Entered: 08/07/2015)

1 Memorandum in Support of Defendant/Third-Party Plaintiff Kim Davis' Motion

View on PACER

2 Exhibit A: Verified Third-Party Complaint of Defendant Kim Davis

View on PACER

3 Exhibit B: July 13, 2015 Hearing Transcript

View on PACER

4 Exhibit C: July 20, 2015 Hearing Transcript

View on PACER

5 Exhibit D: Kentucky LRC Reports on Kentucky RFRA

View on PACER

6 Exhibit E: Prefiled Kentucky House Bill for January 2016 general session to prot

View on PACER

7 Proposed Order Granting Defendant/Third-Party Plaintiff Kim Davis' Motion

View on PACER

Aug. 7, 2015

Aug. 7, 2015

PACER
49

SUPPLEMENTAL MEMORANDUM of Defendant Rowan County, In Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Rowan County, Kentucky.(Filed pursuant to Virtual Order DE#48)(KSS) (Entered: 08/13/2015)

Aug. 7, 2015

Aug. 7, 2015

PACER
40

SUMMONS Returned Executed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) via service of summons on person designated by law to accept service of process to Wayne Onkst served on 8/10/2015, answer due 8/31/2015. (Christman, Jonathan) (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
41

MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 8/10/2015 before Judge David L. Bunning. Matter called for further hearing on Plf's Motion for Preliminary Injunction DE 2 with parties present, by counsel, as noted above. The Court having heard counsel and testimony of witnesses and being otherwise sufficiently advised, ORDERED AS FOLLOWS: 1) After hearing arguments from the parties, the Motion for Preliminary Injunction DE 2 STANDS SUBMITTED (Court Reporter Peggy Weber.) (KSS)cc: COR (Entered: 08/10/2015)

Aug. 10, 2015

Aug. 10, 2015

PACER
42

MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Certify Class by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) (Attachments: # 1 Exhibit A: E-mails between counsel re: request for extension of time to respond to Plaintiffs' Motion for Class Certification, # 2 Proposed Order Granting Motion for Extension of Time to File Response to Plaintiffs' Motion for Class Certification)(Christman, Jonathan) (Entered: 08/11/2015)

1 Exhibit A: E-mails between counsel re: request for extension of time to respond

View on PACER

2 Proposed Order Granting Motion for Extension of Time to File Response to Plainti

View on PACER

Aug. 11, 2015

Aug. 11, 2015

PACER
43

VACATED MEMORANDUM OPINION & ORDER: IT IS ORDERED that Plaintiffs' Motion for Preliminary Injunction DE 2 against Defendant Kim Davis, in her official capacity as Rowan County Clerk, is hereby granted. IT IS FURTHER ORDERED that Defendant Kim Davis, in her official capacity as Rowan County Clerk, is hereby preliminarily enjoined from applying her "no marriage licenses" policy to future marriage license requests submitted by Plaintiffs. Signed by Judge David L. Bunning on 8/12/15.(KSS)cc: COR Modified on 8/18/2016 to mark "Vacated" per Order DE181 (KSS). (Entered: 08/12/2015)

Aug. 12, 2015

Aug. 12, 2015

RECAP
44

NOTICE OF APPEAL as to 43 Memorandum Opinion & Order, Terminate Motions,,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). Filing fee $ 505, receipt number 0643-3282893. (Attachments: # 1 Exhibit A: August 12, 2015 Memorandum Opinion and Order)(Christman, Jonathan) (Entered: 08/12/2015)

1 Exhibit A: August 12, 2015 Memorandum Opinion and Order

View on PACER

Aug. 12, 2015

Aug. 12, 2015

RECAP
45

MOTION to Stay re 43 Memorandum Opinion & Order, Terminate Motions,,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) (Attachments: # 1 Memorandum in Support of Defendant/Third-Party Plaintiff Kim Davis' Motion to Stay the August 12, 2015 Injunction Order Pending Appeal, # 2 Proposed Order Granting Defendant/Third-Party Plaintiff Kim Davis' Motion to Stay the August 12, 2015 Injunction Order Pending Appeal)(Christman, Jonathan) (Entered: 08/13/2015)

1 Memorandum in Support of Defendant/Third-Party Plaintiff Kim Davis' Motion

View on RECAP

2 Proposed Order Granting Defendant/Third-Party Plaintiff Kim Davis' Motion

View on PACER

Aug. 13, 2015

Aug. 13, 2015

PACER
46

RESPONSE in Opposition re 45 MOTION to Stay re 43 Memorandum Opinion & Order by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) filed by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman. (Attachments: # 1 Exhibit 1 - wkyt.com web page article 8/13/15, # 2 Exhibit 2 - Declaration of April Miller, PhD, # 3 Proposed Order)(Sharp, William) Modified on 8/14/2015 to describe exhibits (KSS). (Entered: 08/13/2015)

1 Exhibit 1 - wkyt.com web page article 8/13/15

View on PACER

2 Exhibit 2 - Declaration of April Miller, PhD

View on PACER

3 Proposed Order

View on PACER

Aug. 13, 2015

Aug. 13, 2015

PACER
47

ORDER: IT IS ORDERED that Plaintiffs shall file a written response to Defendant's Motion to Stay DE 45 by close of business on Friday, August 14, 2015. Defendant's reply brief shall be due by close of business on Monday, August 17, 2015. Upon the filing of the reply, the Clerk shall submit the Motion to Stay to the undersigned's chambers for review. Signed by Judge David L. Bunning on 8/13/15.(KSS)cc: COR (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

RECAP
48

VIRTUAL ORDER: granting 37 Motion for Leave by Defendant Rowan County, Kentucky. Defendant Rowan County's Supplemental Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction (37-2) shall be filed and docketed by the Clerk, nunc pro tunc to August 7, 2015. Signed by Judge David L. Bunning on 8/13/15. (KSS)cc: COR (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

PACER
50

ORDER: Plaintiffs having already filed their Response in Opposition DE 46 to Defendant Kim Davis' Motion to Stay DE 45 the Court's Memorandum Opinion and Order of August 12, 2015 DE 43, and the Court being otherwise sufficiently advised, IT IS ORDERED that Defendant Kim Davis shall submit her reply brief by close of business on Friday, August 14, 2015. Davis' reply shall be limited to five (5) pages. Signed by Judge David L. Bunning on 8/13/15.(KSS)cc: COR (Entered: 08/13/2015)

Aug. 13, 2015

Aug. 13, 2015

RECAP

Notice of Docket Modification

Aug. 14, 2015

Aug. 14, 2015

PACER
51

REPLY to Response to Motion re 45 MOTION to Stay re 43 Memorandum Opinion & Order, Terminate Motions,,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) filed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). (Attachments: # 1 Exhibit A: Ltr. to V. Puente, et al., Demanding Correction Pursuant to Ky. Rev. Stat. §§ 411.051, 411.061, dated Aug. 14, 2015)(Christman, Jonathan) (Entered: 08/14/2015)

1 Exhibit A: Ltr. to V. Puente, et al., Demanding Correction Pursuant to Ky. Rev.

View on PACER

Aug. 14, 2015

Aug. 14, 2015

RECAP

Motion Submitted

Aug. 17, 2015

Aug. 17, 2015

PACER
52

ORDER: IT IS ORDERED denying 45 Motion to Stay; IT IS FURTHER ORDERED that this order denying Kim Davis Motion to Stay be TEMPORARILY STAYED pending review of dft Davis' motion to stay 45 by the Sixth Circuit Court of Appeals. Signed by Judge David L. Bunning on 8/17/15. (SMT)cc: COR (Entered: 08/17/2015)

Aug. 17, 2015

Aug. 17, 2015

RECAP
53

SUMMONS Returned Executed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) via summons on person designated by law to accept service of process to Steven L. Beshear served on 8/10/2015, answer due 8/31/2015. (Christman, Jonathan) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER
54

TRANSCRIPT of Proceedings: Telephone Conference for dates of August 10, 2015 before Judge David L. Bunning, re 44 Notice of Appeal,. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Jonathan D. Christman, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/14/2015. Redacted Transcript Deadline set for 9/24/2015. Release of Transcript Restriction set for 11/20/2015. (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
55

ORDER ; on 8/17/15 this court entered an order 52 denying dft Kim Davis' motion to stay the 8/12/15 order 43 granting pla a prel inj enjoining dft Davis from enforcing her "no marriage licenses" policy against pla; however, in deference to the 6CCA the court temporarily stayed its 8/12/15 order to give and appellate court an opportunity to review, on an expedited basis, the 8/17/15 order denying the motion to stay; upon review of FRAP 8(a)(2) governing stays of injunctions pending appeal the court finds it necessary to set an expiration date for temporary stay; IT IS ORDERED that the court's stay of its 8/17/15 order shall expire on 8/31/15; absent to the contrary by the 6CCA. Signed by Judge David L. Bunning on 8/19/15.(SMT)cc: COR (Entered: 08/19/2015)

Aug. 19, 2015

Aug. 19, 2015

PACER
56

REPLY BRIEF to 42 Motion for Extension of Time to File Response to Plaintiffs' Motion for Class Certification filed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). (Christman, Jonathan) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

PACER
57

VIRTUAL ORDER: Plaintiffs having filed no opposition to the MOTION, IT IS ORDERED that Defendant Kim Davis' Motion for Extension of Time to File Response to Plaintiffs' Motion to Certify Class 42 is GRANTED. Defendant Davis' response to said motion is due 30 days after the Sixth Circuit Court of Appeals renders its decision on the appeal of the Court's granting of Plaintiffs' motion for a preliminary injunction. Signed by Judge David L. Bunning on 8/25/15. (KSS)cc: COR (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

PACER
58

ORDER: IT IS ORDERED that briefing on Defendant Kim Davis' Motion to Dismiss 32 and Motion for Preliminary Injunction 39 be, and is, hereby STAYED pending review of the Court's Memorandum Opinion and Order 43 by the United States Court of Appeals for the Sixth Circuit. A briefing schedule on the Motions will be set by subsequent order after the Sixth Circuit renders its decision. Signed by Judge David L. Bunning on 8/25/15.(KSS)cc: COR (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

RECAP

Add and Terminate Attorneys

Aug. 26, 2015

Aug. 26, 2015

PACER
59

NOTICE OF APPEARANCE by Steven L. Beshear, Wayne Onkst. (Vance, Palmer) (Entered: 08/26/2015)

Aug. 26, 2015

Aug. 26, 2015

PACER
60

Proposed Agreed Order/Stipulation by Steven L. Beshear, Kim Davis, Wayne Onkst. (Vance, Palmer) (Entered: 08/26/2015)

Aug. 26, 2015

Aug. 26, 2015

RECAP

Motion Submitted

Aug. 27, 2015

Aug. 27, 2015

PACER
61

AGREED ORDER: IT IS HEREBY ORDERED 1. That the third-party defendants shall have until and including September 11, 2015 by which to serve their pleadings and/or papers in response to the Third-Party Complaint DE 34 . Signed by Judge David L. Bunning on 8/27/15.(KSS)cc: COR (Entered: 08/27/2015)

Aug. 27, 2015

Aug. 27, 2015

PACER
62

MOTION re 52 Order on Motion to Stay, 55 Order,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) [MOTION TO EXTEND TEMPORARY STAY OF INJUNCTION ORDER] (Attachments: # 1 Proposed Order Granting Motion to Extend Temporary Stay)(Gannam, Roger) (Entered: 08/28/2015)

1 Proposed Order Granting Motion to Extend Temporary Stay

View on PACER

Aug. 28, 2015

Aug. 28, 2015

PACER
63

RESPONSE in Opposition re 62 MOTION re 52 Order on Motion to Stay, 55 Order,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) [MOTION TO EXTEND TEMPORARY STAY OF INJUNCTION ORDER] filed by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman. (Attachments: # 1 Exhibit Davis 6th Circuit Reply Brief, # 2 Exhibit 6th Circuit Order Denying Stay, # 3 Proposed Order)(Sharp, William) (Entered: 08/28/2015)

1 Exhibit Davis 6th Circuit Reply Brief

View on PACER

2 Exhibit 6th Circuit Order Denying Stay

View on PACER

3 Proposed Order

View on RECAP

Aug. 28, 2015

Aug. 28, 2015

RECAP
64

REPLY to 63 filed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). (Attachments: # 1 Exhibit A. Emergency Application to Stay Preliminary Injunction Pending Appeal)(Gannam, Roger) (Entered: 08/28/2015)

1 Exhibit A. Emergency Application to Stay Preliminary Injunction Pending Appeal

View on PACER

Aug. 28, 2015

Aug. 28, 2015

PACER
65

VIRTUAL ORDER: denying Defendant Davis' 62 Motion to extend temporary stay of injunction order pending final resolution of Davis' emergency application to stay preliminary injunction pending appeal filed in the United States Supreme Court. Signed by Judge David L. Bunning on 8/28/15. (KSS)cc: COR (Entered: 08/28/2015)

Aug. 28, 2015

Aug. 28, 2015

PACER

USCA Case Number

Aug. 31, 2015

Aug. 31, 2015

PACER
66

NOTICE OF APPEAL as to 58 Order, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). Filing fee $ 505, receipt number 0643-3294835. (Attachments: # 1 Exhibit A: August 25, 2015 Order)(Christman, Jonathan) (Entered: 08/31/2015)

1 Exhibit A: August 25, 2015 Order

View on PACER

Aug. 31, 2015

Aug. 31, 2015

PACER

USCA Case Number

Sept. 1, 2015

Sept. 1, 2015

PACER
67

MOTION to Compel by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (Attachments: # 1 Exhibit Miller Declaration, # 2 Proposed Order)(Sharp, William) (Entered: 09/01/2015)

1 Exhibit Miller Declaration

View on PACER

2 Proposed Order

View on RECAP

Sept. 1, 2015

Sept. 1, 2015

RECAP
68

MOTION to Amend/Correct 43 Memorandum Opinion & Order by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (Attachments: # 1 Exhibit Miller Declaration, # 2 Proposed Order)(Sharp, William) (Entered: 09/01/2015)

1 Exhibit Miller Declaration

View on PACER

2 Proposed Order

View on PACER

Sept. 1, 2015

Sept. 1, 2015

RECAP
69

MINUTE ENTRY ORDER FOR TELEPHONIC SCHEDULING CONFERENCE held on 9/1/2015 before Judge David L. Bunning. IT IS ORDERED that this matter be, and is, hereby set for a hearing on Plaintiff's Motion to Hold Defendant Kim Davis in Contempt of Court DE 67 on Thursday, September 3, 2015 at 11:00 a.m. in Ashland, Kentucky. Defendant Davis and each of her deputy clerks shall be present at the hearing. IT IS FURTHER ORDERED that if Defendant Davis wishes to file a response to Plaintiffs' Motion DE 67, it shall be filed by close of business on September 2, 2015, and shall not exceed five (5) pages in length. (Court Reporter Lisa Wiesman.). Signed by Judge David L. Bunning on 9/1/15. (KSS)cc: COR (Entered: 09/01/2015)

Sept. 1, 2015

Sept. 1, 2015

RECAP
70

MOTION for Injunction Pending Appeal of This Court's August 25, 2015 Order by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) (Attachments: # 1 Memorandum in Support of Motion for Injunction Pending Appeal of This Court's August 25, 2015 Order, # 2 Proposed Order Granting Motion for Injunction Pending Appeal of This Court's August 25, 2015 Order)(Christman, Jonathan) (Entered: 09/02/2015)

1

View on RECAP

2 Proposed Order Granting Motion for Injunction Pending Appeal of This Court'

View on RECAP

Sept. 2, 2015

Sept. 2, 2015

RECAP
71

TRANSCRIPT of Proceedings: Telephone Conference held on September 1, 2015 before Judge David L. Bunning. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Roger K. Gannam, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/28/2015. Redacted Transcript Deadline set for 10/8/2015. Release of Transcript Restriction set for 12/4/2015. (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

PACER
72

RESPONSE in Opposition re 67 MOTION to Compel by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman filed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). (Christman, Jonathan) (Entered: 09/02/2015)

Sept. 2, 2015

Sept. 2, 2015

RECAP
73

MOTION for Leave to File by Robert Stivers (Attachments: # 1 Memorandum in Support Tendered Brief, # 2 Proposed Order Order)(Fleenor, David) (Entered: 09/02/2015)

1 Memorandum in Support Tendered Brief

View on RECAP

2 Proposed Order Order

View on RECAP

Sept. 2, 2015

Sept. 2, 2015

RECAP
74

VACATED ORDER: IT IS HEREBY ORDERED: Plaintiffs' Motion Pursuant to Rule 62(c) to Clarify the Preliminary Injunction Pending Appeal is hereby GRANTED. IT IS FURTHER ORDERED: The Court's August 12, 2015 preliminary injunction order, R 43 is hereby modified to state that Defendant Kim Davis, in her official capacity as Rowan County Clerk, is hereby preliminarily enjoined from applying her "no marriage licenses" policy to future marriage license requests submitted by Plaintiffs or by other individuals who are legally eligible to marry in Kentucky. Signed by Judge David L. Bunning on 9/3/15. (KSS)cc: COR Modified on 8/18/2016 to mark "Vacated" per Order DE181 (KSS). (Entered: 09/03/2015)

Sept. 3, 2015

Sept. 3, 2015

RECAP
75

MINUTE ENTRY ORDER FOR Hearing on Motion before Judge David L. Bunning. This matter was called for a hearing on the Plaintiffs Motion to Hold Defendant Kim Davis in Contempt of Court (DE # 67) in Ashland, Kentucky, with parties present, by counsel, as noted above. Having heard arguments from counsel and testimony of witnesses, and the Court being otherwise sufficiently advised, IT IS ORDERED AS FOLLOWS: 1) There being no objection from the parties, Kentucky Senate President Robert Stivers Motion for Leave to File a Brief as Amicus Curiae in support of Defendants (DE # 73) is GRANTED. 2) By agreement of the parties, Third Party Defendants shall have until close of businesson Tuesday, September 8, 2015 to respond to Defendant Davis Motion for Injunction Pending Appeal (Doc. # 70). Defendant Davis shall have until close of business on Thursday, September 10, 2015 to file her reply brief. The parties are advised that these deadlineshave been expedited. 3) The Court appoints MICHAEL R. CAMPBELL as counsel for Rowan County Deputy Clerk Nathaniel Davis. MICHAEL B. FOX is appointed as counsel for Rowan County Deputy Clerk Chrissy Plank. RICHARD A. HUGHES is appointed as counsel for Rowan County Deputy Clerk Brian Mason. SEBASTIAN JOY is appointed as counsel for Rowan County Deputy Clerk Kim Russell. ANDY MARKELONIS is appointed as counsel for Rowan County Deputy Clerk Melissa Thompson. JEREMY CLARK is appointed as counsel for Rowan County Chief Deputy Clerk Roberta Earley. 4) After hearing arguments from counsel and testimony from witnesses, the Court finds Defendant Davis in contempt of the Courts Order of August 12, 2015, for reasons stated on the record. Accordingly, Plaintiffs Motion to Hold Defendant Kim Davis in Contempt of Court (DE # 67) is GRANTED. Defendant Davis shall be remanded to the custody of the United States Marshal pending compliance of the Courts Order of August 12, 2015, or until such time as the Court vacates the contempt Order. 5) Defendant Davis oral motion to stay enforcement of the Courts contempt order pending review of the Courts August 12, 2015 Order by the Sixth Circuit Court of Appeals is DENIED. Defendant Davis oral motion to certify the contempt order for appeal is DENIED. 6) Defendant Davis oral motion to suspend any sentence until the Kentucky Legislature convenes is DENIED. (Court Reporter Sandy Wilder.) (KSS)cc: COR (Entered: 09/04/2015)

Sept. 3, 2015

Sept. 3, 2015

RECAP
76

Witness List for Hearing on Motion held 9/3/15 before Judge David L. Bunning. (KSS) (Entered: 09/04/2015)

Sept. 3, 2015

Sept. 3, 2015

PACER
77

MOTION to Allow Interview of Kim Davis by Cable News Network, Inc. (Attachments: # 1 Proposed Order)(Flores, Mark) (Entered: 09/04/2015)

1 Proposed Order

View on PACER

Sept. 4, 2015

Sept. 4, 2015

RECAP
78

TRANSCRIPT of Proceedings: MOTION HEARING held on 09/03/2015 before Judge David L. Bunning. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: HON. JONATHAN D. CHRISTMAN. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/1/2015. Redacted Transcript Deadline set for 10/9/2015. Release of Transcript Restriction set for 12/7/2015. (Entered: 09/05/2015)

Sept. 5, 2015

Sept. 5, 2015

PACER
79

INCORRECTLY FILED AMENDED DOCUMENT by Kim Davis, Kim Davis. Amendment to 44 Notice of Appeal, Amended Notice of Appeal. (Attachments: # 1 Exhibit A: September 3, 2015 Order Granting Plaintiffs' Motion to Hold Defendant Kim Davis in Contempt of Court (D.E. 75), # 2 Exhibit B: September 3, 2015 Order Granting Plaintiffs' Motion Pursuant to Rule 62(c) to Clarify the Preliminary Injunction Pending Appeal (D.E. 74), # 3 Exhibit C: August 12, 2015 Memorandum Opinion and Order (D.E. 43))(Christman, Jonathan) Modified on 9/8/2015 to reflect "incorrectly filed". Attorney notified that new Notice of Appeal needs to be filed. (KSS). (Entered: 09/06/2015)

1 Exhibit A: September 3, 2015 Order Granting Plaintiffs' Motion to Hold Defe

View on RECAP

2 Exhibit B: September 3, 2015 Order Granting Plaintiffs' Motion Pursuant to

View on RECAP

3 Exhibit C: August 12, 2015 Memorandum Opinion and Order (D.E. 43)

View on PACER

Sept. 6, 2015

Sept. 6, 2015

RECAP
80

ORDER: Plaintiffs, by and through counsel, shall file a status report not later than 10:00 a.m. eastern standard time on Tuesday, September 8, 2015 informing the Court of whether any of the named Plaintiffs have had a marriage license issued to them by the Rowan County Clerk's office and shall attach a copy of any such license(s) to their status report. The Clerk shall send notice of this order to all counsel of record and CJA counsel appointed to represent the Rowan County deputy clerks. Signed by Judge David L. Bunning on 9/7/2015.(TJZ)cc: COR (Entered: 09/07/2015)

Sept. 7, 2015

Sept. 7, 2015

PACER
81

MOTION for permission to interview Defendant Kim Davis by American Broadcasting Companies, Inc. (Attachments: # 1 Proposed Order)(Silletto, Aaron) (Entered: 09/07/2015)

1 Proposed Order

View on PACER

Sept. 7, 2015

Sept. 7, 2015

PACER

Clerk's Note

Sept. 8, 2015

Sept. 8, 2015

PACER

File Submitted

Sept. 8, 2015

Sept. 8, 2015

PACER

USCA Case Number

Sept. 8, 2015

Sept. 8, 2015

PACER

Case Details

State / Territory: Kentucky

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: July 2, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are same sex and different sex couples who have sought and have been denied marriage licenses in Rowan County, Kentucky.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Kim Davis (Rowan), State

Kentucky, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

State law

Constitutional Clause(s):

Free Exercise Clause

Establishment Clause

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Amount Defendant Pays: $224,703.08

Order Duration: 2015 - None

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Gay/lesbian/transgender

Marriage

Discrimination-basis:

Religion discrimination

Sexual orientatation