Case: Marouf v. Azar

1:18-cv-00378 | U.S. District Court for the District of Columbia

Filed Date: Feb. 20, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On February 20, 2018, a married same-sex couple filed this lawsuit in the U.S. District Court for the District of Columbia against the U.S. Department of Health and Human Services, the Administration for Children and Families, the Office of Refugee Resettlement, and the United States Conference of Catholic Bishops (USCCB) for violating the Establishment Clause (U.S. Const. Amend I) and the Fifth Amendment’s Equal Protection and Substantive Due Process clauses. Plaintiffs claim that the Federal …

On February 20, 2018, a married same-sex couple filed this lawsuit in the U.S. District Court for the District of Columbia against the U.S. Department of Health and Human Services, the Administration for Children and Families, the Office of Refugee Resettlement, and the United States Conference of Catholic Bishops (USCCB) for violating the Establishment Clause (U.S. Const. Amend I) and the Fifth Amendment’s Equal Protection and Substantive Due Process clauses.

Plaintiffs claim that the Federal Defendants unconstitutionally provided taxpayer funds to USCCB (and their sub-grantees) to administer federal child welfare services for unaccompanied refugee children, as they granted these funds fully knowing that USCCB discriminates against same-sex couples seeking to foster or adopt children through these programs. Plaintiffs sought declaratory relief from Defendants admitting to their constitutional violations, and injunctive relief requiring Federal Defendants to ensure Plaintiffs can apply to these programs without discrimination and with adequate safeguards to prevent any use of religious or other criteria to exclude applicants based on their sexual orientation, sex, or the same-sex character of their marriage. They also sought nominal monetary damages and reasonable costs and attorney’s fees. This case was assigned to Judge Amit P. Mehta.

In February 2017, Plaintiffs, sought to foster a child through Catholic Charities of Fort Worth, a subgrantee of the USCCB under the Unaccompanied Refugee Minor (URM) Program and the Unaccompanied Alien Child (UAC) Program. After the Catholic Chartiy realized that the plaintiffs were a same-sex couple that did not “mirror the holy family,” their application was denied. Plaintiffs immediately reported this discrimination to the Office of Refugee Resettlement (ORR), but did not receive a response until mid April 2017. ORR’s response did not address the questions and only asked for the name of the staffer who allegedly discriminated against her and her wife. Plaintiffs provided this information in early May 2017 and received a “thank you” note the next day, but did not receive any further communication from either ORR or the Catholic Charity.

In March 2018, about one month after their initial filing, Plaintiffs amended the complaint to add the National LGBT Bar Association as a plaintiff. The Association is a professional membership-based organization comprised of more than 10,000 members of the legal community who support LGBT rights. They joined the suit on behalf of their members who were federal taxpayers who contributed to the general revenues from which Congress appropriated funds to the child welfare programs at issue in this case. They objected to paying for federally funded child welfare services that were provided in a discriminatory manner based on religious principles to which they did not subscribe.

In May 2018, Defendants filed a motion to dismiss the case for lack of jurisdiction. They claimed that the individual plaintiffs lacked standing because their alleged injury was not fairly traceable to the government’s challenged conduct, would not be redressable by a favorable decision, and that they did not have taxpayer standing to assert an Establishment Clause claim. Plaintiffs opposed the motion, and oral argument was set for late November 2018.

After the argument, parties were instructed to submit a joint status report within two weeks of the hearing. The first status report was submitted on December 14, 2018, and the second was scheduled to be submitted a month later. However, the lapse of appropriations for the federal government in early January 2019 derailed this plan. The next joint status report, submitted on February 8, 2019, indicated that while parties engaged in a good-faith effort to reach a settlement, they remained unable to resolve their issues at that time. In mid-February 2019, the court issued an order stating that the proceedings for Defendants’ motion to dismiss would go forward, while encouraging the parties to continue their settlement discussions.

On June 12, 2019, the court granted in part and denied in part Defendant’s motion to dismiss. The court agreed that none of the plaintiffs had taxpayer standing to assert an Establishment Clause violation, and as that was the only claim asserted by the National LGBT Bar Association, they were dismissed from the case. The married couple, however, had sufficient individual standing to pursue all three causes of action, and therefore the remainder of the Defendant’s motion to dismiss was denied. 391 F.Supp.3d 23.

As of March 17, 2020, the parties were still engaged in discovery.

Summary Authors

Elise Coletta (7/14/2019)

Cedar Hobbs (3/17/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6310461/parties/marouf-v-azar/


Judge(s)

Mehta, Amit Priyavadan (District of Columbia)

Attorneys(s) for Plaintiff

Chin Chee, Heaven Chanel (Texas)

Choe, Kenneth Y. (District of Columbia)

Dagogo-Jack, Alali (California)

Ellsworth, Jessica Lynn (District of Columbia)

Fleury, Jennifer A (District of Columbia)

Gendall, Michael David (District of Columbia)

Gliksberg, Jamie Avra (Illinois)

Huang, James Anthony (District of Columbia)

Kleiman, Daryl Lian (New York)

Judge(s)

Mehta, Amit Priyavadan (District of Columbia)

Attorneys(s) for Plaintiff

Chin Chee, Heaven Chanel (Texas)

Choe, Kenneth Y. (District of Columbia)

Dagogo-Jack, Alali (California)

Ellsworth, Jessica Lynn (District of Columbia)

Fleury, Jennifer A (District of Columbia)

Gendall, Michael David (District of Columbia)

Gliksberg, Jamie Avra (Illinois)

Huang, James Anthony (District of Columbia)

Kleiman, Daryl Lian (New York)

Quinn, Brendan C. (District of Columbia)

Stanton, Ann (Colorado)

Taylor, Camilla B. (Illinois)

Upton, Kenneth Dale Jr (District of Columbia)

Welch, Russell (Texas)

Attorneys(s) for Defendant

Bennett, Michelle Renee (District of Columbia)

DeJulius, Leon F. Jr. (Pennsylvania)

Dick, Anthony J. (District of Columbia)

Goetz, John D. (Pennsylvania)

Hunt, Joseph H. (District of Columbia)

Lynch, Jason C. (District of Columbia)

Powers, James R (District of Columbia)

Raimer, David T. (District of Columbia)

Documents in the Clearinghouse

Document

1:18-cv-00378

Docket [PACER]

March 17, 2020

March 17, 2020

Docket
1

1:18-cv-00378

Complaint for Declaratory and Injunctive Relief and Monetary Damages

Feb. 20, 2018

Feb. 20, 2018

Complaint
21

1:18-cv-00378

First Amended Complaint for Declaratory and Injunctive Relief and Monetary Damages

March 22, 2018

March 22, 2018

Complaint
38

1:18-cv-00378

Joint Status Report

Dec. 14, 2018

Dec. 14, 2018

Monitor/Expert/Receiver Report
44

1:18-cv-00378

Joint Status Report

Feb. 8, 2019

Feb. 8, 2019

Monitor/Expert/Receiver Report
48

1:18-cv-00378

Memorandum Opinion

391 F.Supp.3d 23

June 12, 2019

June 12, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6310461/marouf-v-azar/

Last updated Aug. 8, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-5338574) filed by FATMA MAROUF, BRYN ESPLIN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Ellsworth, Jessica) (Entered: 02/20/2018)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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Feb. 20, 2018

Feb. 20, 2018

RECAP

Notice of Corrected Docket Entry

Feb. 20, 2018

Feb. 20, 2018

PACER

Notice of Error

Feb. 20, 2018

Feb. 20, 2018

PACER
2

NOTICE of Appearance by Jessica Lynn Ellsworth on behalf of All Plaintiffs (Ellsworth, Jessica) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER

Case Assigned/Reassigned

Feb. 20, 2018

Feb. 20, 2018

PACER
3

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kenneth Dale Upton, Jr., :Firm- Lambda Legal Defense and Education Fund, Inc., :Address- 3500 Oak Lawn Avenue Suite 500 Dallas, TX 75219-6722. Phone No. - 214-302-2218. Fax No. - 214-219-4455 Filing fee $ 100, receipt number 0090-5339076. Fee Status: Fee Paid. by BRYN ESPLIN, FATMA MAROUF (Attachments: # 1 Declaration of Kenneth Dale Upton, Jr., # 2 Text of Proposed Order, # 3 Certificate of Service)(Ellsworth, Jessica) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jamie Avra Gilksberg, :Firm- Lambda Legal Defense and Education Fund, Inc., :Address- 105 West Adams Street, Suite 2600, Chicago, IL 60603. Phone No. - 312-663-4413 ext. 324. Fax No. - 312-663-4307 Filing fee $ 100, receipt number 0090-5339127. Fee Status: Fee Paid. by BRYN ESPLIN, FATMA MAROUF (Attachments: # 1 Declaration of Jamie Avra Gilksberg, # 2 Text of Proposed Order, # 3 Certificate of Service)(Ellsworth, Jessica) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Camilla B. Taylor, :Firm- Lambda Legal Defense and Education Fund, Inc., :Address- 105 West Adams Street, Suite 2600, Chicago, IL 60603. Phone No. - 312-663-4413 ext. 325. Fax No. - 312-663-4307 Filing fee $ 100, receipt number 0090-5339153. Fee Status: Fee Paid. by BRYN ESPLIN, FATMA MAROUF (Attachments: # 1 Declaration of Camilla B. Taylor, # 2 Text of Proposed Order, # 3 Certificate of Service)(Ellsworth, Jessica) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
6

ENTERED IN ERROR. . . . . MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kenneth Y. Choe, :Firm- Hogan Lovells US LLP, :Address- 555 Thirteenth Street, N.W., Washington, D.C. 20004. Phone No. - 202-637-5675. Fax No. - 202-637-5910 Filing fee $ 100, receipt number 0090-5339170. Fee Status: Fee Paid. by BRYN ESPLIN, FATMA MAROUF (Attachments: # 1 Declaration of Kenneth Y. Choe, # 2 Text of Proposed Order, # 3 Certificate of Service)(Ellsworth, Jessica) Modified on 2/20/2018 (td). (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James Anthony Huang, :Firm- Hogan Lovells US LLP, :Address- 555 Thirteenth Street, N.W., Washington, D.C. 20004. Phone No. - 202-637-3696. Fax No. - 202-637-5910 Filing fee $ 100, receipt number 0090-5339192. Fee Status: Fee Paid. by BRYN ESPLIN, FATMA MAROUF (Attachments: # 1 Declaration of James Anthony Huang, # 2 Text of Proposed Order, # 3 Certificate of Service)(Ellsworth, Jessica) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alali Dagogo-Jack, :Firm- Hogan Lovells US LLP, :Address- 4085 Campbell Avenue, Suite 100, Menlo Park, CA 94025. Phone No. - 650-463-4070. Fax No. - 650-463-4199 Filing fee $ 100, receipt number 0090-5339215. Fee Status: Fee Paid. by BRYN ESPLIN, FATMA MAROUF (Attachments: # 1 Declaration of Alali Dagogo-Jack, # 2 Text of Proposed Order, # 3 Certificate of Service)(Ellsworth, Jessica) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER

NOTICE OF CORRECTED DOCKET ENTRY: re 6 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kenneth Y. Choe, :Firm- Hogan Lovells US LLP, :Address- 555 Thirteenth Street, N.W., Washington, D.C. 20004. Phone No. - 202-637-5675. Fax No. - 202-637-5910 Filing fee $ 10 was entered in error and counsel was instructed to refile said pleading. (td)

Feb. 20, 2018

Feb. 20, 2018

PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kenneth Y. Choe, :Firm- Hogan Lovells US LLP, :Address- 555 Thirteenth Street, N.W., Washington, D.C. 20004. Phone No. - 202-637-5675. Fax No. - 202-637-5910 Filing fee $ 100, receipt number 0090-5339257. Fee Status: Fee Paid. by BRYN ESPLIN, FATMA MAROUF (Attachments: # 1 Declaration of Kenneth Y. Choe, # 2 Text of Proposed Order, # 3 Certificate of Service)(Ellsworth, Jessica) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

PACER

Case Assigned to Judge Amit P. Mehta. (zmd)

Feb. 20, 2018

Feb. 20, 2018

PACER
10

SUMMONS (9) Issued Electronically as to ADMINISTRATION FOR CHILDREN AND FAMILIES, ALEX M. AZAR, II, SCOTT LLOYD, OFFICE OF REFUGEE RESETTLEMENT, UNITED STATES CONFERENCE OF CATHOLIC BISHOPS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, STEVEN W. WAGNER, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent) (zmd) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER

MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Attorney Kenneth Dale Upton, Jr., is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 02/25/2018. (lcapm1)

Feb. 25, 2018

Feb. 25, 2018

PACER

MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice. Attorney Jamie Avra Gilksberg is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 02/25/2018. (lcapm1)

Feb. 25, 2018

Feb. 25, 2018

PACER

MINUTE ORDER granting 5 Motion for Leave to Appear Pro Hac Vice. Attorney Camilla B. Taylor is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 02/25/2018. (lcapm1)

Feb. 25, 2018

Feb. 25, 2018

PACER

MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice. Attorney James Anthony Huang is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 02/25/2018. (lcapm1)

Feb. 25, 2018

Feb. 25, 2018

PACER

MINUTE ORDER granting 8 Motion for Leave to Appear Pro Hac Vice. Attorney Alali Dagogo-Jack is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 02/25/2018. (lcapm1)

Feb. 25, 2018

Feb. 25, 2018

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 25, 2018

Feb. 25, 2018

PACER

MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. Attorney Kenneth Y. Choe is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 02/25/2018. (lcapm1)

Feb. 25, 2018

Feb. 25, 2018

PACER
11

ERRATA by BRYN ESPLIN, FATMA MAROUF 4 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jamie Avra Gilksberg, :Firm- Lambda Legal Defense and Education Fund, Inc., :Address- 105 West Adams Street, Suite 2600, Chicago, IL 60603. Phone No. - 312-663-4413 ext. 324. Fax No. - 31 filed by FATMA MAROUF, BRYN ESPLIN. (Attachments: # 1 Motion for Admission Pro Hac Vice, # 2 Declaration, # 3 Text of Proposed Order)(Ellsworth, Jessica) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
12

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/6/2018. Answer due for ALL FEDERAL DEFENDANTS by 5/5/2018. (Ellsworth, Jessica) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/06/2018. (Ellsworth, Jessica) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ALEX M. AZAR, II served on 3/1/2018 (Ellsworth, Jessica) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

RECAP
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/5/2018 (Ellsworth, Jessica) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. STEVEN W. WAGNER served on 3/6/2018 (Ellsworth, Jessica) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ADMINISTRATION FOR CHILDREN AND FAMILIES served on 3/6/2018 (Ellsworth, Jessica) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SCOTT LLOYD served on 3/5/2018 (Ellsworth, Jessica) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

RECAP
19

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF REFUGEE RESETTLEMENT served on 3/1/2018 (Ellsworth, Jessica) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
20

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CONFERENCE OF CATHOLIC BISHOPS served on 3/14/2018, answer due 4/4/2018 (Ellsworth, Jessica) (Entered: 03/20/2018)

March 20, 2018

March 20, 2018

PACER
21

AMENDED COMPLAINT against All Defendants filed by BRYN ESPLIN, FATMA MAROUF, NATIONAL LGBT BAR ASSOCIATION. (Attachments: # 1 Certificate of Service)(Ellsworth, Jessica) (Entered: 03/22/2018)

1 Certificate of Service

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March 22, 2018

March 22, 2018

PACER
22

NOTICE of Appearance of David Timothy Raimer by UNITED STATES CONFERENCE OF CATHOLIC BISHOPS (Raimer, David) Modified event on 3/27/2018 (znmw). (Main Document 22 replaced on 3/27/2018) (znmw). (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
23

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John D. Goetz, :Firm- Jones Day, :Address- 500 Grant Street, Suite 4500, Pittsburgh, PA 15219. Phone No. - 412-391-3939. Fax No. - 412-394-7959 Fee Status: No Fee Paid. by UNITED STATES CONFERENCE OF CATHOLIC BISHOPS (Raimer, David) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
24

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Leon F. DeJulius, Jr., :Firm- Jones Day, :Address- 500 Grant Street, Suite 4500, Pittsburgh, PA 15219. Phone No. - 412-391-3939. Fax No. - 412-394-7959 Fee Status: No Fee Paid. by UNITED STATES CONFERENCE OF CATHOLIC BISHOPS (Raimer, David) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER
25

Unopposed MOTION for Extension of Time to File Response/Reply to Amended Complaint by UNITED STATES CONFERENCE OF CATHOLIC BISHOPS (Raimer, David) (Entered: 03/26/2018)

March 26, 2018

March 26, 2018

PACER

Order on Motion for Leave to Appear

March 27, 2018

March 27, 2018

PACER

MINUTE ORDER granting 22 Motion for Leave to Appear. David T. Raimer has hereby entered an appearance in this matter. Signed by Judge Amit P. Mehta on 03/27/2018. (lcapm1)

March 27, 2018

March 27, 2018

PACER

Order on Motion for Extension of Time to File Response/Reply

March 27, 2018

March 27, 2018

PACER

MINUTE ORDER granting Defendant United States Conference of Catholic Bishops' 25 Unopposed Motion for Extension of Time to Respond to Amended Complaint. Defendant United States Conference of Catholic Bishops shall respond to Plaintiffs' Amended Complaint no later than May 7, 2018. Signed by Judge Amit P. Mehta on 03/27/2018. (lcapm1)

March 27, 2018

March 27, 2018

PACER

Set/Reset Deadlines/Hearings

March 27, 2018

March 27, 2018

PACER

Set/Reset Deadlines/Hearings: Defendant United States Conference of Catholic Bishops' answer to Amended Complaint due by 5/7/2018. (zcdw)

March 27, 2018

March 27, 2018

PACER
26

NOTICE of Appearance by UNITED STATES CONFERENCE OF CATHOLIC BISHOPS (Attachments: # 1 Certificate of Service)(Dick, Anthony) Modified event title on 3/29/2018 (znmw). (Entered: 03/28/2018)

March 28, 2018

March 28, 2018

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Order on Motion for Leave to Appear

March 28, 2018

March 28, 2018

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Order

March 28, 2018

March 28, 2018

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MINUTE ORDER granting 26 Motion for Leave to Appear. Anthony J. Dick has hereby entered an appearance in this matter. Signed by Judge Amit P. Mehta on 03/28/2018. (lcapm1)

March 28, 2018

March 28, 2018

PACER

MINUTE ORDER. Before the court considers the 23 and 24 Motions for Leave to Appear Pro Hac Vice, the movants must each pay the $100 fee required under Local Civil Rule 83.2(d). If the movants fail to pay these fees by April 4, 2018, the court will deny the pro hac vice motions. Signed by Judge Amit P. Mehta on 03/28/2018. (lcapm1)

March 28, 2018

March 28, 2018

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Filing Fee Received

March 29, 2018

March 29, 2018

PACER

Filing fee received: $ 200.00, receipt number: 4616090271 re 23 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John D. Goetz and 24 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Leon F. DeJulius, Jr., (jf)

March 29, 2018

March 29, 2018

PACER

MINUTE ORDER granting 23 Motion for Leave to Appear Pro Hac Vice. Attorney John D. Goetz is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 04/02/2018. (lcapm1)

April 2, 2018

April 2, 2018

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 2, 2018

April 2, 2018

PACER

MINUTE ORDER granting 24 Motion for Leave to Appear Pro Hac Vice. Attorney Leon F. DeJulius, Jr. is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 04/02/2018. (lcapm1)

April 2, 2018

April 2, 2018

PACER
27

Unopposed MOTION for Extension of Time to Respond to the Amended Complaint by ADMINISTRATION FOR CHILDREN AND FAMILIES, ALEX M. AZAR, II, SCOTT LLOYD, OFFICE OF REFUGEE RESETTLEMENT, UNITED STATES CONFERENCE OF CATHOLIC BISHOPS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, STEVEN W. WAGNER (Attachments: # 1 Text of Proposed Order)(Powers, James) (Entered: 05/04/2018)

1 Text of Proposed Order

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May 4, 2018

May 4, 2018

RECAP

Order on Motion for Extension of Time to

May 4, 2018

May 4, 2018

PACER

Set/Reset Deadlines/Hearings

May 4, 2018

May 4, 2018

PACER

MINUTE ORDER granting Defendants' 27 Unopposed Motion for Extension of Time. The deadline for Defendants to respond to Plaintiffs' 21 Amended Complaint is hereby extended to May 21, 2018. Signed by Judge Amit P. Mehta on 05/04/2018. (lcapm1)

May 4, 2018

May 4, 2018

PACER

Set/Reset Deadlines/Hearings: Answer to amended complaint due by 5/21/2018. (zcdw)

May 4, 2018

May 4, 2018

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28

MOTION to Dismiss for Lack of Jurisdiction by ADMINISTRATION FOR CHILDREN AND FAMILIES, ALEX M. AZAR, II, SCOTT LLOYD, OFFICE OF REFUGEE RESETTLEMENT, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, STEVEN W. WAGNER (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Powers, James) (Entered: 05/21/2018)

1

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May 21, 2018

May 21, 2018

PACER
29

MOTION to Dismiss for Lack of Jurisdiction by UNITED STATES CONFERENCE OF CATHOLIC BISHOPS (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Certificate of Service)(Raimer, David) (Entered: 05/21/2018)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Certificate of Service

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May 21, 2018

May 21, 2018

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30

Joint MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss for Lack of Jurisdiction, 29 MOTION to Dismiss for Lack of Jurisdiction and Extension of Time for Defendants to File Reply by BRYN ESPLIN, FATMA MAROUF, NATIONAL LGBT BAR ASSOCIATION (Attachments: # 1 Text of Proposed Order, # 2 Certificate of Service)(Ellsworth, Jessica) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER
31

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Heaven Chanel Chin Chee, :Firm- Hogan Lovells US LLP, :Address- 609 Main Street, Suite 4200, Houston, Texas 77002. Phone No. - 713-632-1427. Fax No. - 713-632-1401 Filing fee $ 100, receipt number 0090-5510291. Fee Status: Fee Paid. by BRYN ESPLIN, FATMA MAROUF, NATIONAL LGBT BAR ASSOCIATION (Attachments: # 1 Declaration of Heaven Chanel Chin Chee, # 2 Text of Proposed Order, # 3 Certificate of Service)(Ellsworth, Jessica) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER

Order on Motion for Leave to Appear Pro Hac Vice

May 31, 2018

May 31, 2018

PACER
32

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daryl Lian Kleiman, :Firm- Hogan Lovells US LLP, :Address- 875 Third Avenue, New York, NY 10022. Phone No. - 212-918-3728. Fax No. - 212-918-3100 Filing fee $ 100, receipt number 0090-5510327. Fee Status: Fee Paid. by BRYN ESPLIN, FATMA MAROUF, NATIONAL LGBT BAR ASSOCIATION (Attachments: # 1 Declaration of Daryl Lian Kleiman, # 2 Text of Proposed Order, # 3 Certificate of Service)(Ellsworth, Jessica) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

PACER

Order on Motion for Extension of Time to File Response/Reply

May 31, 2018

May 31, 2018

PACER

Set/Reset Deadlines

May 31, 2018

May 31, 2018

PACER

MINUTE ORDER granting 31 Motion for Leave to Appear Pro Hac Vice. Attorney Heaven Chanel Chin Chee is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 05/31/2018. (lcapm1)

May 31, 2018

May 31, 2018

PACER

MINUTE ORDER granting 32 Motion for Leave to Appear Pro Hac Vice. Attorney Daryl Lian Kleiman is hereby admitted pro hac vice to appear in this matter. Signed by Judge Amit P. Mehta on 05/31/2018. (lcapm1)

May 31, 2018

May 31, 2018

PACER

MINUTE ORDER granting the parties' 30 Joint Motion for Extensions of Time. Plaintiffs' Consolidated Opposition to Defendants' 28 and 29 Motions to Dismiss shall now be due on or before June 18, 2018, and Defendants' Replies shall be due on or before July 9, 2018. Signed by Judge Amit P. Mehta on 05/31/2018. (lcapm1)

May 31, 2018

May 31, 2018

PACER

Set/Reset Deadlines: Plaintiffs' Response due by 6/18/2018. Defendants' Replies due by 7/9/2018. (zjd)

May 31, 2018

May 31, 2018

PACER
33

NOTICE of Appearance by Jennifer A Fleury on behalf of All Plaintiffs (Fleury, Jennifer) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
34

Memorandum in opposition to re 28 MOTION to Dismiss for Lack of Jurisdiction, 29 MOTION to Dismiss for Lack of Jurisdiction filed by BRYN ESPLIN, FATMA MAROUF, NATIONAL LGBT BAR ASSOCIATION. (Attachments: # 1 Certificate of Service)(Choe, Kenneth) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
35

REPLY to opposition to motion re 28 MOTION to Dismiss for Lack of Jurisdiction filed by ADMINISTRATION FOR CHILDREN AND FAMILIES, ALEX M. AZAR, II, SCOTT LLOYD, U.S. OFFICE OF REFUGEE RESETTLEMENT, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, STEVEN W. WAGNER. (Powers, James) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
36

REPLY to opposition to motion re 29 MOTION to Dismiss for Lack of Jurisdiction filed by UNITED STATES CONFERENCE OF CATHOLIC BISHOPS. (Raimer, David) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
37

NOTICE of Change of Address by James R. Powers (Powers, James) (Entered: 09/24/2018)

Sept. 24, 2018

Sept. 24, 2018

PACER

Order

Nov. 6, 2018

Nov. 6, 2018

PACER

MINUTE ORDER setting oral argument regarding 28 and 29 Defendants' Motions to Dismiss for Lack of Jurisdiction for November 30, 2018, at 10:00 a.m. in Courtroom 10 before Judge Mehta. Signed by Judge Amit P. Mehta on 11/06/2018. (lcapm1)

Nov. 6, 2018

Nov. 6, 2018

PACER

Set/Reset Hearings

Nov. 6, 2018

Nov. 6, 2018

PACER

Set/Reset Hearings: Oral Argument set for 11/30/2018 at 10:00 AM in Courtroom 10 before Judge Amit P. Mehta. (zjd)

Nov. 6, 2018

Nov. 6, 2018

PACER

Order

Nov. 29, 2018

Nov. 29, 2018

PACER

MINUTE ORDER. At the hearing scheduled for November 30, 2018, at 10 a.m. in Courtroom 10 before Judge Amit P. Mehta, the parties shall be prepared to address the recent case, Dumont v. Lyon, No. 17-CV-13080, 2018 WL 4385667 (E.D. Mich. Sept. 14, 2018). Signed by Judge Amit P. Mehta on 11/29/2018. (lcapm1)

Nov. 29, 2018

Nov. 29, 2018

PACER

Motion Hearing

Nov. 30, 2018

Nov. 30, 2018

PACER

Minute Entry for proceedings held before Judge Amit P. Mehta: Motion Hearing held on 11/30/2018 re 28 MOTION to Dismiss for Lack of Jurisdiction filed by SCOTT LLOYD, U.S. OFFICE OF REFUGEE RESETTLEMENT, ALEX M. AZAR, II, ADMINISTRATION FOR CHILDREN AND FAMILIES, STEVEN W. WAGNER, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, 29 MOTION to Dismiss for Lack of Jurisdiction filed by UNITED STATES CONFERENCE OF CATHOLIC BISHOPS. Oral arguments heard. The parties are to submit a Joint Status report within two weeks of today's Hearing. (Court Reporter Willaim Zaremba) (znbn)

Nov. 30, 2018

Nov. 30, 2018

PACER
38

Joint STATUS REPORT in Response to November 30, 2018 Motion Hearing Minute Order by BRYN ESPLIN, FATMA MAROUF, NATIONAL LGBT BAR ASSOCIATION. (Choe, Kenneth) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

RECAP

Order

Dec. 14, 2018

Dec. 14, 2018

PACER

MINUTE ORDER. The parties shall file an additional Joint Status Report by January 14, 2019, updating the court on their efforts to resolve this matter. Signed by Judge Amit P. Mehta on 12/14/2018. (lcapm1)

Dec. 14, 2018

Dec. 14, 2018

PACER

Set/Reset Deadlines

Dec. 14, 2018

Dec. 14, 2018

PACER

Set/Reset Deadlines: Joint Status Report due by 1/14/2019. (zjd)

Dec. 14, 2018

Dec. 14, 2018

PACER
39

Unopposed MOTION to Stay re Order to File Joint Status Report by January 14, 2019 in Light of Lapse of Appropriations by ADMINISTRATION FOR CHILDREN AND FAMILIES, ALEX M. AZAR, II, SCOTT LLOYD, U.S. OFFICE OF REFUGEE RESETTLEMENT, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, STEVEN W. WAGNER (Attachments: # 1 Text of Proposed Order)(Powers, James) (Entered: 01/07/2019)

1 Text of Proposed Order

View on PACER

Jan. 7, 2019

Jan. 7, 2019

PACER

MINUTE ORDER granting 39 Defendants' Motion for a Stay of Proceedings. This matter is hereby stayed. Within three business days of Department of Justice operations resuming, Defendants shall notify the court by when the parties will file their Joint Status Report. Signed by Judge Amit P. Mehta on 01/08/2019. (lcapm1)

Jan. 8, 2019

Jan. 8, 2019

PACER

Order on Motion to Stay

Jan. 8, 2019

Jan. 8, 2019

PACER
40

NOTICE OF WITHDRAWAL OF APPEARANCE as to BRYN ESPLIN, FATMA MAROUF, NATIONAL LGBT BAR ASSOCIATION. Attorney Daryl Lian Kleiman terminated. (Kleiman, Daryl) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

RECAP
41

NOTICE OF WITHDRAWAL OF APPEARANCE as to BRYN ESPLIN, FATMA MAROUF, NATIONAL LGBT BAR ASSOCIATION. Attorney Heaven Chanel Chin Chee terminated. (Attachments: # 1 Certificate of Service)(Chee, Heaven) (Entered: 01/22/2019)

1 Certificate of Service

View on PACER

Jan. 22, 2019

Jan. 22, 2019

PACER
42

NOTICE of Restoration of Appropriations by ADMINISTRATION FOR CHILDREN AND FAMILIES, ALEX M. AZAR, II, SCOTT LLOYD, U.S. OFFICE OF REFUGEE RESETTLEMENT, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, STEVEN W. WAGNER re Order on Motion to Stay, (Powers, James) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER

Order

Jan. 30, 2019

Jan. 30, 2019

PACER

MINUTE ORDER. The parties shall file their next Joint Status Report by February 8, 2019. Signed by Judge Amit P. Mehta on 01/30/2019. (lcapm1)

Jan. 30, 2019

Jan. 30, 2019

PACER

Set/Reset Deadlines

Jan. 30, 2019

Jan. 30, 2019

PACER

Set/Reset Deadlines: Joint Status Report due by 2/8/2019. (zjd)

Jan. 30, 2019

Jan. 30, 2019

PACER
43

NOTICE of Change of Address by Kenneth Dale Upton (Upton, Kenneth) (Entered: 01/31/2019)

Jan. 31, 2019

Jan. 31, 2019

PACER
44

Joint STATUS REPORT by ADMINISTRATION FOR CHILDREN AND FAMILIES, ALEX M. AZAR, II, SCOTT LLOYD, U.S. OFFICE OF REFUGEE RESETTLEMENT, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, STEVEN W. WAGNER. (Powers, James) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 20, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individual Plaintiffs Fatma Marouf and Bryn Esplin, a married lesbian couple; the National LGBT Bar Association, a non-profit membership-based 501(c)(6) professional association comprised of more than 10,000 members of the legal community supportive of LGBT rights.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Administration for Children and Families, Federal

Office of Refugee Resettlement (within the Administration for Children and Families), Federal

United States Conference of Catholic Bishops, Non-profit or advocacy

U.S. Department of Health and Human Services, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Equal Protection

Establishment Clause

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Discrimination Prohibition

Issues

Discrimination-basis:

Sex discrimination

Sexual orientatation