Case: Vo v. Gee

2:16-cv-15639 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Oct. 18, 2016

Closed Date: 2018

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Case Summary

On October 18, 2016, a Louisiana naturalized citizen filed this lawsuit against the State of Louisiana in the U.S. District Court for the Eastern District of Louisiana for denying his constitutional rights to marriage. Proceeding under 42 U.S.C. §1983, the plaintiff challenged the constitutionality of Louisiana’s Act 436, which required all applicants for a marriage license to provide a certified birth certificate and permitted this requirement to be waived by individuals born in the U.S. The plaintiff, born in an Indonesian refugee camp without a birth certificate, alleged that Act 436 violated the equal protection and due process clauses of the 14th Amendment because it prevents certain foreign-born individuals from exercising their fundamental right to marriage. The plaintiff sought a declaration that the State's denial of his marriage license violated the Constitution, in addition to a preliminary and permanent injunction enjoining defendants from further denying a marriage license to the plaintiff.

On February 2, 2017, the plaintiff filed a motion for preliminary injunction. Amicus briefs were filed in support of the plaintiff by Constitutional Accountability Center, ACLU, and National Center for Lesbian Rights. The defendants filed a motion to dismiss for failure to state a claim on February 23.

On March 23, Judge Ivan L.R. Lemelle granted the plaintiff’s motion for preliminary injunction and denied the defendant’s motion to dismiss. The Court found that the plaintiff had standing and that he satisfied all the necessary elements for a preliminary injunction. 2017 WL 1091261.

The plaintiff then filed the first amended complaint on April 12, 2017 with minor modifications. On May 24, the plaintiff filed a motion for partial summary judgment, declaratory judgment, and permanent injunction.

On August 8, Judge Lemelle granted the plaintiff’s motions. The court found that Louisiana failed to demonstrate that “this classification based on national origin furthers a compelling governmental interest that justify treating this Plaintiff and other similarly situated U.S. citizens differently from U.S. born citizens.” In addition, the court found that the plaintiff has also demonstrated actual success on the merits of the due process claim. 301 F.Supp.3d 661.

	Document
2:16-cv-15639	Docket	April 20, 2018	April 20, 2018 Docket
1 2:16-cv-15639	Complaint for Declaratory and Injunctive Relief	Oct. 18, 2016	Oct. 18, 2016 Complaint
77 2:16-cv-15639	Opinion	March 23, 2017	March 23, 2017 Order/Opinion 2017 WL 1091261
82 2:16-cv-15639	First Amended Complaint for Declaratory and Injunctive Relief	April 12, 2017	April 12, 2017 Complaint
96 2:16-cv-15639	Opinion and Permanent Injunction	Aug. 8, 2017	Aug. 8, 2017 Order/Opinion 301 F.Supp.3d 661
119 2:16-cv-15639	Order and Reasons	Feb. 21, 2018	Feb. 21, 2018 Order/Opinion 2018 WL 999910

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT with jury demand against All Defendants (Filing fee $ 400 receipt number 053L-5759062) filed by Viet Anh Vo. (Attachments: # 1 Exhibit A - Act 436, # 2 Civl Cover Sheet, # 3 Appendix to Civil Cover Sheet)Attorney Mary C. Yanik added to party Viet Anh Vo(pty:pla).(Yanik, Mary) Modified text on 10/18/2016 (mmv). (Entered: 10/18/2016) 1 Exhibit A - Act 436 View on PACER 2 Civl Cover Sheet View on PACER 3 Appendix to Civil Cover Sheet View on PACER	Oct. 18, 2016	Oct. 18, 2016 RECAP
10	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Jeffrey White (Filing fee $ 100 receipt number 053L-5759800) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 CMECF Registration Form)(Yanik, Mary) (Entered: 10/18/2016) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER 4 CMECF Registration Form View on PACER	Oct. 18, 2016	Oct. 18, 2016 PACER
11	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Maximillian W. Hirsch (Filing fee $ 100 receipt number 053L-5760865) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 CM/ECF Registration)(Yanik, Mary) Modified text on 10/19/2016 (mmv). (Entered: 10/18/2016) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER 4 CMECF Registration View on PACER	Oct. 18, 2016	Oct. 18, 2016 PACER
2	Initial Case Assignment to Judge Ivan L.R. Lemelle and Magistrate Judge Michael North. (jeg) (Entered: 10/18/2016)	Oct. 18, 2016	Oct. 18, 2016
3	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Alvaro M. Huerta (Filing fee $ 100 receipt number 053L-5759761) by Viet Anh Vo. (Attachments: # 1 Declaration in support, # 2 Certificate of Good Standing, # 3 Proposed Order, # 4 CMECF Registration Form)(Yanik, Mary) Modified text on 10/18/2016 (mmv). (Entered: 10/18/2016) 1 Declaration in support View on PACER 2 Certificate of Good Standing View on PACER 3 Proposed Order View on PACER 4 CMECF Registration Form View on PACER	Oct. 18, 2016	Oct. 18, 2016 PACER
4	Correction of Docket Entry by Clerk re 1 Complaint. Attachment has duplicate description. For attachment, select either a category OR enter a description, selecting both will result in duplicate docket text. Clerk took corrective action. (mmv) (Entered: 10/18/2016)	Oct. 18, 2016	Oct. 18, 2016
5	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Karen Tumlin (Filing fee $ 100 receipt number 053L-5760076) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 CM/ECF Registration Form)(Yanik, Mary) (Entered: 10/18/2016) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER 4 CM/ECF Registration Form View on PACER	Oct. 18, 2016	Oct. 18, 2016 PACER
6	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Stacy Horth-Neubert (Filing fee $ 100 receipt number 053L-5760153) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 CMECF Registration Form)(Yanik, Mary) (Entered: 10/18/2016) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER 4 CMECF Registration Form View on PACER	Oct. 18, 2016	Oct. 18, 2016 PACER
7	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Nora Preciado (Filing fee $ 100 receipt number 053L-5760222) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 CMECF Registration)(Yanik, Mary) (Entered: 10/18/2016) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER 4 CMECF Registration View on PACER	Oct. 18, 2016	Oct. 18, 2016 PACER
8	DEFICIENT EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Marley Ann Brumme (Filing fee $ 100 receipt number 053L-5760349) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Yanik, Mary) Modified on 10/19/2016 (mmv). (Entered: 10/18/2016) 1 Exhibit View on PACER 2 Proposed Order View on PACER	Oct. 18, 2016	Oct. 18, 2016 PACER
9	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Lisa Gilford (Filing fee $ 100 receipt number 053L-5760394) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order, # 4 CMECF Registration Form)(Yanik, Mary) (Entered: 10/18/2016) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Proposed Order View on PACER 4 CMECF Registration Form View on PACER	Oct. 18, 2016	Oct. 18, 2016 PACER
	Initial Case Assignment	Oct. 18, 2016	Oct. 18, 2016
	Correction of Docket Entry by Clerk	Oct. 18, 2016	Oct. 18, 2016
12	Correction of Docket Entry by Clerk re 6 MOTION to Appear Pro Hac Vice Stacy Horth-Neubert (Filing fee $ 100 receipt number 053L-5760153). The title of the attached proposed order should not include the word 'Proposed' but only reflect 'Order' on the actual document. (mmv) (Entered: 10/19/2016)	Oct. 19, 2016	Oct. 19, 2016
13	Correction of Docket Entry by Clerk re 11 MOTION to Appear Pro Hac Vice Max Hirsch (Filing fee $ 100 receipt number 053L-5760865). The title of the attached proposed order should not include the word 'Proposed' but only reflect 'Order' on the actual document. (mmv) (Entered: 10/19/2016)	Oct. 19, 2016	Oct. 19, 2016
14	EXPARTE/CONSENT MOTION to Appear Pro Hac Vice Marley Ann Brumme (Fee previously paid) by Viet Anh Vo. (Attachments: # 1 Exhibit, # 2 Proposed Order, # 3 CM/ECF Registration)(Yanik, Mary) Modified text on 10/19/2016 (mmv). (Entered: 10/19/2016) 1 Exhibit View on PACER 2 Proposed Order View on PACER 3 CMECF Registration View on PACER	Oct. 19, 2016	Oct. 19, 2016 PACER
	Correction of Docket Entry by Clerk	Oct. 19, 2016	Oct. 19, 2016
	Correction of Docket Entry by Clerk	Oct. 19, 2016	Oct. 19, 2016
15	Summons Submitted for Issuance (Attachments: # 1 Summons Gee, Rebekah, # 2 Summons George, Devin, # 3 Summons Perret, Louis, # 4 Summons Thibodeaux, Michael)(Yanik, Mary) (Entered: 10/20/2016) 1 Summons Gee, Rebekah View on PACER 2 Summons George, Devin View on PACER 3 Summons Perret, Louis View on PACER 4 Summons Thibodeaux, Michael View on PACER	Oct. 20, 2016	Oct. 20, 2016 PACER
16	NOTICE of Challenge to Constitutionality of State Statute by Viet Anh Vo . (Attachments: # 1 Certificate of Service)(Yanik, Mary) Modified text on 10/21/2016 (mmv). (Entered: 10/20/2016) 1 Certificate of Service View on PACER	Oct. 20, 2016	Oct. 20, 2016 PACER
19	ORDER GRANTING 3, 5, 6, 7, 9, 10, 11, 14 Motions to Appear Pro Hac Vice as to Alvaro Moises Huerta, Karen C. Tumlin, Stacy Horth-Neubert, Nora A. Preciado, Lisa Gilford, Jeffery B. White, Maximillian W. Hirsch, Marley Ann Brumme. Signed by Judge Ivan L.R. Lemelle on 10/20/2016. (Attachments: # 1 Notice Pro Hac Vice Counsel) (mmv) (Entered: 10/24/2016) 1 Notice Pro Hac Vice Counsel View on PACER	Oct. 20, 2016	Oct. 20, 2016 PACER
17	Summons Issued as to Diane Meaux Broussard, Rebekah E. Gee, Devin George, Louis J. Perret, Michael Thibodeaux. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(mmv) (Entered: 10/21/2016) 1 Summons View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER	Oct. 21, 2016	Oct. 21, 2016 PACER
18	Correction of Docket Entry by Clerk re 16 Notice (Other). Document's signature line is either incomplete or blank. All future documents must reflect either an original signature or an electronic signature of the filing attorney following the format 's/ (attorney name)'. No further action is necessary. (mmv) (Entered: 10/21/2016)	Oct. 21, 2016	Oct. 21, 2016
	Correction of Docket Entry by Clerk	Oct. 21, 2016	Oct. 21, 2016
20	AFFIDAVIT of Service by Michael Thibodeaux and Robert Garcia of Summons and Complaint served on Defendants- Devin George, State Registrar on 10/26/2016; answer due 11/16/2016, Diane Meaux Broussard, Vermilion Parish Clerk; Rebekah E. Gee, Secretary of the Department of Health; Louis J. Perret, Lafayette Parish Clerk; and Michael Thibodeaux, Iberia Parish Clerk on 10/27/2016; answers due 11/17/2016. (mmv) (Entered: 11/04/2016) (Hirsch, Maximillian) (Main Document 20 replaced on 11/4/2016) (mmv). (Additional attachment(s) added on 11/4/2016: # 1 Exhibit A- Affidavits) (mmv). Modified text on 11/4/2016 (mmv). (Entered: 11/03/2016) 1 Exhibit A- Affidavits View on PACER	Nov. 3, 2016	Nov. 3, 2016 PACER
21	Correction of Docket Entry by Clerk re 20 Affidavit of Service. 1) The Notice should have been the main document with Exhibit A as an attachment. Clerk has taken corrective action. 2) Exhibit A is on incorrect sized paper. Local Rule 10.1E states 'All papers drafted for filing in this court shall be on 8-1/2 by 11 inch paper'. Clerk has reduced images. No further action needed.**(mmv) (Entered: 11/04/2016)	Nov. 4, 2016	Nov. 4, 2016
	Correction of Docket Entry by Clerk	Nov. 4, 2016	Nov. 4, 2016
22	EXPARTE/CONSENT MOTION for Extension of Time to Answer as to 1 Complaint by Rebekah E. Gee, Devin George. (Attachments: # 1 Proposed Order)Attorney Neal Risley Elliott, Jr added to party Rebekah E. Gee(pty:dft), Attorney Neal Risley Elliott, Jr added to party Devin George(pty:dft).(Elliott, Neal) Modified text/event on 11/7/2016 (mmv). (Entered: 11/07/2016) 1 Proposed Order View on PACER	Nov. 7, 2016	Nov. 7, 2016 PACER
23	Correction of Docket Entry by Clerk re 22 MOTION for Extension of Time to File Response/Reply. Filing attorney selected incorrect event. Correct event is MOTION for Extension of Time to Answer. Clerk took corrective action by changing the event. (mmv) (Entered: 11/07/2016)	Nov. 7, 2016	Nov. 7, 2016
	Correction of Docket Entry by Clerk	Nov. 7, 2016	Nov. 7, 2016
24	ORDER GRANTING 22 Motion for Extension of Time to Answer re 1 Complaint as to Rebekah E. Gee answer due 12/8/2016; Devin George answer due 12/8/2016. Signed by Judge Ivan L.R. Lemelle on 11/8/2016. (mmv) (Entered: 11/08/2016)	Nov. 8, 2016	Nov. 8, 2016 PACER
25	ANSWER to 1 Complaint, by Rebekah E. Gee, Devin George.(Elliott, Neal) (Entered: 12/07/2016)	Dec. 7, 2016	Dec. 7, 2016 RECAP
26	NOTICE: Scheduling Conference set for 2/9/2017 11:15 AM before case manager by telephone. All parties are to call into the conference call at the toll free number provided. By Clerk.(ijg) (Entered: 01/06/2017)	Jan. 6, 2017	Jan. 6, 2017 PACER
27	DEFICIENT MOTION for Preliminary Injunction by Viet Anh Vo. Motion(s) will be submitted on 1/13/2017. (Attachments: # 1 Memorandum in Support Of Plaintiff's Motion for Preliminary Injunction, # 2 Affidavit Declaration Of Viet Anh Vo In Support Of Plaintiffs Motion For Preliminary Injunction, # 3 Affidavit Declaration Of Mary Yanik In Support Of Plaintiffs Motion For Preliminary Injunction, # 4 Exhibit Exhibits A - F to Declaration of Mary Yanik, # 5 Request for Oral Argument, # 6 Notice of Submission)(Yanik, Mary) Modified on 1/13/2017 (mmv). (Entered: 01/13/2017) 1 Memorandum in Support Of Plaintiff's Motion for Preliminary Injunction View on RECAP 2 Affidavit Declaration Of Viet Anh Vo In Support Of Plaintiffs Motion For Prelimi View on PACER 3 Affidavit Declaration Of Mary Yanik In Support Of Plaintiffs Motion For Prelimin View on PACER 4 Exhibit Exhibits A - F to Declaration of Mary Yanik View on PACER 5 Request for Oral Argument View on PACER 6 Notice of Submission (Civil Only) View on PACER	Jan. 13, 2017	Jan. 13, 2017 RECAP
28	EXPARTE/CONSENT MOTION for Leave to File Memorandum in Excess of Page Limits by Viet Anh Vo. (Attachments: # 1 Proposed Order, # 2 Proposed Pleading- Motion for Preliminary Injunction, # 3 Proposed Pleading Memorandum in Support, # 4 Proposed Pleading Notice of Submission, # 5 Proposed Pleading Vo Declaration, # 6 Proposed Pleading Yanik Declaration, # 7 Proposed Pleading Exhibit A, # 8 Proposed Pleading Exhibit B, # 9 Proposed Pleading Exhibit C, # 10 Proposed Pleading Exhibit D, # 11 Proposed Pleading Exhibit E, # 12 Proposed Pleading Exhibit F, # 13 Proposed Pleading Exhibit G, # 14 Proposed Pleading Exhibit H)(Yanik, Mary) Modified text on 1/18/2017 (mmv). (Entered: 01/17/2017) 1 Proposed Order View on PACER 2 Proposed Pleading- Mot for Preliminary Injunction View on PACER 3 Proposed Pleading Memorandum in Suppt View on PACER 4 Proposed Pleading Notice of Submission View on PACER 5 Proposed Pleading Vo Declaration View on PACER 6 Proposed Pleading Yanik Declaration View on PACER 7 Proposed Pleading Exhibit A View on PACER 8 Proposed Pleading Exhibit B View on PACER 9 Proposed Pleading Exhibit C View on PACER 10 Proposed Pleading Exhibit D View on PACER 11 Proposed Pleading Exhibit E View on PACER 12 Proposed Pleading Exhibit F View on PACER 13 Proposed Pleading Exhibit G View on PACER 14 Proposed Pleading Exhibit H View on PACER	Jan. 17, 2017	Jan. 17, 2017 PACER
29	Request/Statement of Oral Argument by Viet Anh Vo re Motion for Preliminary Injunction (Yanik, Mary) Modified text on 1/18/2017 (mmv). (Entered: 01/17/2017)	Jan. 17, 2017	Jan. 17, 2017 RECAP
30	ORDER DENYING 29 Request for Oral Argument. Signed by Judge Ivan L.R. Lemelle on 1/18/2017.(mmv) (Entered: 01/18/2017)	Jan. 18, 2017	Jan. 18, 2017 RECAP
31	EXPARTE/CONSENT MOTION for Extension of Time to Answer 1 Complaint by Diane Meaux Broussard, Michael Thibodeaux. (Attachments: # 1 Proposed Order)Attorney Kay Austin Theunissen added to party Diane Meaux Broussard(pty:dft), Attorney Kay Austin Theunissen added to party Michael Thibodeaux(pty:dft).(Theunissen, Kay) Modified text/added linkage/removed referral and submission date on 1/27/2017 (mmv). (Entered: 01/27/2017) 1 Proposed Order View on PACER	Jan. 27, 2017	Jan. 27, 2017 PACER
32	Correction of Docket Entry by Clerk re 31 MOTION for Extension of Time to Answer . 1) Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?' before clicking the Next button. Clerk modified docket text to reflect 'Exparte'. Exparte/Consent motions are not set for hearing. Clerk has removed hearing date. 2) Document should have been linked to another document by checking the box 'Should the document you are filing link to another document' or by selecting a related document on other appropriate screen. Clerk took corrective action by linking document to document 1. 3) Filing attorney incorrectly changed 'N' to 'Y' at the question 'Is this motion to be decided by the Magistrate Judge Y/N?'. This motion will be decided by the district judge. Clerk took corrective action.(mmv) (Entered: 01/27/2017)	Jan. 27, 2017	Jan. 27, 2017
	Correction of Docket Entry by Clerk	Jan. 27, 2017	Jan. 27, 2017

Case: Vo v. Gee

2:16-cv-15639 | U.S. District Court for the Eastern District of Louisiana

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