MAROUF V. AZAR | Civil Rights Litigation Clearinghouse

Case: Marouf v. Azar

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

Filed Date: Feb. 20, 2018

Case Ongoing

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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 First Amendment's Establishment Clause and the Fifth Amendment’s Equal Protection and Substantive Due Process clauses. The plaintiffs were represented by Lam…

The plaintiffs alleged 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 discriminated against same-sex couples seeking to foster or adopt children through these programs. The plaintiffs sought declaratory relief establishing the defendants' constitutional violations. They also sought injunctive relief requiring the federal defendants to ensure the plaintiffs could 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 attorney’s fees. This case was assigned to Judge Amit P. Mehta.

A year before the lawsuit, in February 2017, the plaintiffs had sought to foster a child through Catholic Charities of Fort Worth, a sub-grantee of the USCCB under the Unaccompanied Refugee Minor (URM) Program and the Unaccompanied Alien Children (UAC) Program. After Catholic Charities realized that the plaintiffs were a same-sex couple that did not “mirror the holy family,” their application was denied. The plaintiffs immediately reported this discrimination to the Office of Refugee Resettlement (ORR), but they 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 them. The 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 Catholic Charities.

In March 2018, about one month after their initial filing, the 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.

Two months later, on May 21, the federal defendants and the USCCB each filed a motion to dismiss the case for lack of jurisdiction. They claimed that the plaintiffs lacked personal standing because their alleged injury was not fairly traceable to the government’s challenged conduct and would not be redressable by a favorable decision, and that they lacked taxpayer standing to make an Establishment Clause claim because the allegedly unconstitutional funding was based a discretionary decision of the executive branch rather than a statute. The 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 because the federal defendants' attorneys were no longer allowed to work. On January 8, 2019, the court granted the federal defendants' motion to stay the case until the appropriations were restored.

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 the 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.

After over a year and a half of discovery, in March 2021 the parties filed a joint motion to stay the case so they could try to negotiate a settlement, and the court granted a stay until May 7. The stay was extended twice more. On August 23, 2021, the court resumed the proceedings because the parties had not settled.

On November 8, 2021, the federal defendants filed a motion to stay the case because they had developed a new policy that could make the plaintiffs’ claims moot. Under the new policy, people in the area where the plaintiffs lived who wanted to foster children through the URM program would contact a third-party organization, the U.S. Committee for Refugees and Immigrants (USCRI), which would learn information about the prospective foster parent(s) and then direct them to one of the sub-grantees to be licensed and trained. This would allow same-sex couples to become foster parents because USCRI would forward them to a different sub-grantee, Upbring, which would accept same-sex couples. The defendants requested a stay in the case so they could implement this new arrangement. The defendants also noted that the new policy was specifically for the URM program because the USCCB was not part of the UAC program in the area anymore. The plaintiffs opposed the motion.

About two weeks later, the court granted a stay until January 7, 2022. The stay was later extended through April 1 of the same year. On April 8, 2022, the federal defendants filed a status report stating that the new policy involving USCRI had been implemented.

On July 27, 2022, motions for summary judgment were filed by the plaintiffs, the federal defendants, and USCCB. In their motion, the plaintiffs argued that the new policy did not moot their claims because it only exacerbated the discrimination by condoning a system that treated same-sex couples differently from other couples without changing USCCB’s discriminatory policies. Furthermore, the plaintiffs argued that Upbring, the organization to which USCRI would refer same-sex couples, did not have the experience or capacity for administering the foster program that USCCB's sub-grantee had.

As of November 2022, the court had not yet ruled on the motions for summary judgment.

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Summary Authors

Elise Coletta (7/14/2019)

Cedar Hobbs (3/17/2020)

Micah Pollens-Dempsey (11/6/2022)

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)

Attorney Contact Information via CourtListener

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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	June 12, 2019	June 12, 2019 Order/Opinion
95 1:18-cv-00378	Federal Defendants’ Motion to Stay Summary Judgment Deadlines Marouf v. Becerra	Nov. 8, 2021	Nov. 8, 2021 Pleading / Motion / Brief

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Docket

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

Last updated Jan. 19, 2023, 3:22 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 View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER 6 Summons View on PACER 7 Summons View on PACER 8 Summons View on PACER 9 Summons View on PACER 10 Summons View on PACER	Feb. 20, 2018	Feb. 20, 2018 Clearinghouse
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
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
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
	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
	Notice of Error	Feb. 20, 2018	Feb. 20, 2018 PACER
	Notice of Corrected Docket Entry	Feb. 20, 2018	Feb. 20, 2018 PACER
	Case Assigned to Judge Amit P. Mehta. (zmd)	Feb. 20, 2018	Feb. 20, 2018 PACER
	Case Assigned/Reassigned	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 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 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
	Order on Motion for Leave to Appear Pro Hac Vice	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 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 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
	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
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 View on PACER	March 22, 2018	March 22, 2018 Clearinghouse
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 Extension of Time to File Response/Reply	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
	Order on Motion for Leave to Appear	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
	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
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 PACER
	Order on Motion for Leave to Appear	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 PACER
	Order	March 28, 2018	March 28, 2018 PACER
	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
	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
	Filing Fee Received	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
	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
	Order on Motion for Leave to Appear Pro Hac Vice	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 View on PACER	May 4, 2018	May 4, 2018 RECAP
	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 PACER
	Set/Reset Deadlines/Hearings	May 4, 2018	May 4, 2018 PACER
	Order on Motion for Extension of Time to	May 4, 2018	May 4, 2018 PACER
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 View on RECAP	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 View on RECAP 2 Text of Proposed Order View on PACER 3 Certificate of Service View on PACER	May 21, 2018	May 21, 2018 PACER
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
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
	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
	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
	Order on Motion for Leave to Appear Pro Hac Vice	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
	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
	Set/Reset Deadlines	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
	Set/Reset Hearings	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: 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. 6, 2018	Nov. 6, 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
	Order	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 Clearinghouse
	Order	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
	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
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
	Order on Motion to Stay	Jan. 8, 2019	Jan. 8, 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
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
	Set/Reset Deadlines	Jan. 30, 2019	Jan. 30, 2019 PACER
	Order	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
	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
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 Clearinghouse

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Case Details

State / Territory: District of Columbia

Case Type(s):

Public Benefits/Government Services

Speech and Religious Freedom

Presidential/Gubernatorial Authority

Special Collection(s):

Same-Sex Marriage

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 20, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Two individual plaintiffs, 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):

Private Plaintiff

Non-profit NON-religious organization

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