Case: Rogers v. United States Department of Health and Human Services

Welch v. McMaster

COMPLAINT against Administration for Children and Families, Alex Azar, Lynn Johnson, Michael Leach, Henry McMaster, United States Department of Health and Human Services, Steven Wagner (Filing fee $400 receipt number 0420-8472786), filed by Eden Rogers, Brandy Welch. Service due by 8/28/2019.(kmca) (Entered: 05/30/2019)

Local Rule 26.01 Answers to Interrogatories by Eden Rogers, Brandy Welch.(kmca) (Entered: 05/30/2019)

Summons Issued as to Administration for Children and Families, Alex Azar, Lynn Johnson, Michael Leach, Henry McMaster, United States Department of Health and Human Services, Steven Wagner. (kmca) (Entered: 05/30/2019)

Summons Issued as to U.S. Attorney and U.S. Attorney General. (Attachments: # 1 Summons South Carolina Attorney General)(kmca) (Entered: 05/30/2019)

SUMMONS Returned Executed by Eden Rogers, Brandy Welch. Administration for Children and Families served on 5/31/2019, answer due 7/30/2019; Alex Azar served on 5/31/2019, answer due 7/30/2019; Lynn Johnson served on 5/31/2019, answer due 7/30/2019; United States Department of Health and Human Services served on 5/31/2019, answer due 7/30/2019; Steven Wagner served on 5/31/2019, answer due 7/30/2019. (Attachments: # 1 Affidavit Service upon the United States Department of Health and Human Services, # 2 Notice of Filing, # 3 Affidavit Service upon Alex Azar, # 4 Notice of Filing, # 5 Affidavit Service upon the Administration for Children and Families, # 6 Notice of Filing, # 7 Affidavit Service upon Lynn Johnson, # 8 Notice of Filing, # 9 Affidavit Service upon Steven Wagner)(kmca) Documents re-filed by clerk to correct event and answer due date. (kmca) (Entered: 06/07/2019)

SUMMONS Returned Executed by Eden Rogers, Brandy Welch. United States Attorney General served on 6/3/19, answer due 8/2/19. (Attachments: # 1 Affidavit of Service upon United States Attorney General, # 2 United States Postal Service Return Receipt)(kmca) Document re-filed by clerk to correct event. (kmca) (Entered: 06/07/2019)

MOTION to Appear Pro Hac Vice by Katherine D. Janson Filing fee $ 250 receipt number 0420-8491683) by Eden Rogers, Brandy Welch. Response to Motion due by 6/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order, # 2 Supporting Documents Application & Affidavit, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) Modified on 6/7/2019: to add additional filer as listed (kmca). (Entered: 06/07/2019)

MOTION to Appear Pro Hac Vice by Peter T. Barbur ( Filing fee $ 250 receipt number 0420-8491858) by Eden Rogers, Brandy Welch. Response to Motion due by 6/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order, # 2 Supporting Documents Application & Affidavit, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) Modified on 6/7/2019: to add additional filer as listed (kmca). (Entered: 06/07/2019)

MOTION to Appear Pro Hac Vice by Cathren I. Cohen (Filing fee $ 250 receipt number 0420-8491927) by Eden Rogers, Brandy Welch. Response to Motion due by 6/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order, # 2 Supporting Documents Application & Affidavit, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) Modified on 6/7/2019: to add additional filer as listed (kmca). (Entered: 06/07/2019)

MOTION to Appear Pro Hac Vice by M.Currey Cook ( Filing fee $ 250 receipt number 0420-8491958) by Eden Rogers, Brandy Welch. Response to Motion due by 6/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order, # 2 Supporting Documents Application & Affidavit, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) Modified on 6/7/2019: to add additional filer as listed (kmca). (Entered: 06/07/2019)

MOTION to Appear Pro Hac Vice by Karen L. Loewy ( Filing fee $ 250 receipt number 0420-8491982) by Eden Rogers, Brandy Welch. Response to Motion due by 6/21/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order, # 2 Application & Affidavit, # 3 Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) Modified on 6/7/2019: to add additional filer as listed (kmca). (Entered: 06/07/2019)

TEXT ORDER granting 9 Motion to Appear Pro Hac Vice; granting 10 Motion to Appear Pro Hac Vice; granting 11 Motion to Appear Pro Hac Vice; granting 12 Motion to Appear Pro Hac Vice; granting 13 Motion to Appear Pro Hac Vice. Attorneys Katherine D Janson, Peter T Barbur, Cathren I Cohen, M Currey Cook, and Karen L Loewy added for Plaintiff. Entered at the direction of the Honorable Timothy M Cain on 6/7/19.(kmca) (Entered: 06/07/2019)

SUMMONS Returned Executed by Eden Rogers, Brandy Welch. United States Attorney for the District of South Carolina served on 6/5/2019, answer due 8/5/2019. (Attachments: # 1 Affidavit Service upon the United States Attorney for the District of South Carolina)(Shutt, Nekki) Modified on 6/30/2020: to edit text (remove Sherri A Lydon) (kmca). (Entered: 06/10/2019)

SUMMONS Returned Executed by Eden Rogers, Brandy Welch. SC Attorney General served on 6/5/2019, answer due 8/5/2019. (Attachments: # 1 Affidavit Service upon SC Attorney General)(Shutt, Nekki) Modified on 6/30/2020: to edit text (remove Alan Wilson) (kmca). (Entered: 06/10/2019)

SUMMONS Returned Executed by Eden Rogers, Brandy Welch. Michael Leach served on 6/5/2019, answer due 6/26/2019. (Attachments: # 1 Affidavit Service upon Michael Leach)(Shutt, Nekki) (Entered: 06/10/2019)

DELETION OF DOCKET ENTRY NUMBER #17 Summons Returned Executed for Henry McMaster. Reason: attorney re-filed to correct service information. Corrected Filing Document Number 19 Summons Returned Executed for Henry McMaster. (kmca) (Entered: 06/13/2019)

SUMMONS Returned Executed by Eden Rogers, Brandy Welch. Henry McMaster served on 6/11/2019, answer due 7/2/2019. (Attachments: # 1 Affidavit Service upon Henry McMaster)(Shutt, Nekki) (Entered: 06/12/2019)

MOTION to Appear Pro Hac Vice by Leslie J. Cooper ( Filing fee $ 250 receipt number 0420-8503953) by Eden Rogers, Brandy Welch. Response to Motion due by 6/27/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order, # 2 Supporting Documents Application & Affidavit, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) Modified on 6/14/2019 to add party listed as filer (alew, ). (Entered: 06/13/2019)

1 Proposed Order

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2 Supporting Documents Application & Affidavit

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3 Supporting Documents Certificate of Good Standing

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MOTION to Appear Pro Hac Vice by Daniel I. Mach ( Filing fee $ 250 receipt number 0420-8503969) by Eden Rogers, Brandy Welch. Response to Motion due by 6/27/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order, # 2 Supporting Documents Application & Affidavit, # 3 Supporting Documents Certificate of Good Standing, State of New York). Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) Modified on 6/14/2019 to add party listed as filer (alew, ). (Attachment 3 replaced on 6/25/2019: to replace with corrected document (current date) as provided by filing user). (Additional attachment added on 6/25/2019, as provide by filing user: # 4 Certificate of Good Standing, District of Columbia) (kmca). (Entered: 06/13/2019)

TEXT ORDER granting 21 Motion to Appear Pro Hac Vice as to Leslie Cooper for Eden Rogers, Brandy Welch. Signed by Honorable Timothy M Cain on 6/14/19.(alew, ) (Entered: 06/14/2019)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by Michael Leach. Response to Motion due by 7/9/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Woodington, Kenneth) (Entered: 06/25/2019)

TEXT ORDER granting 22 Motion to Appear Pro Hac Vice. Attorney Daniel Mach added for Plaintiffs. Entered at the direction of the Honorable Timothy M Cain on 6/25/19.(kmca) (Entered: 06/25/2019)

TEXT ORDER granting 25 Consent Motion for Extension of Time to Answer 1 Complaint. Michael Leach answer due 7/30/2019. Entered at the direction of the Honorable Timothy M Cain on 6/26/19.(kmca) (Entered: 06/26/2019)

Consent MOTION for Extension of Time to Respond to the Complaint by Henry McMaster. Response to Motion due by 7/11/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A: Plaintiffs' counsel's consent to extension)No proposed order.(Coleman, Miles) (Entered: 06/27/2019)

TEXT ORDER granting 28 Consent Motion for Extension of Time. Henry McMaster's answer due 7/30/19. Entered at the direction of the Honorable Timothy M Cain on 6/28/19.(kmca) (Entered: 06/28/2019)

MOTION to Stay Proceedings pending the court's resolution of dispositive motions filed in related case, Maddonna v. United States Department of Health and Human Services et al, No. 6:19-cv-00448-TMC by Henry McMaster. Response to Motion due by 8/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) Modified on 7/24/2019: to add text (related case) (kmca). (Entered: 07/23/2019)

Second MOTION for Extension of Time to respond to Plaintiffs' Complaint by Henry McMaster. Response to Motion due by 8/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Coleman, Miles) (Entered: 07/23/2019)

Second MOTION for Extension of Time to File Answer re 1 Complaint, by Michael Leach. Response to Motion due by 8/6/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Woodington, Kenneth) (Entered: 07/23/2019)

Local Rule 26.01 Answers to Interrogatories by Henry McMaster.(Coleman, Miles) (Entered: 07/24/2019)

Local Rule 26.01 Answers to Interrogatories by Michael Leach.(Woodington, Kenneth) (Entered: 07/24/2019)

MOTION for Extension of Time to File Answer re 1 Complaint, by Administration for Children and Families, Alex Azar, Lynn Johnson, United States Department of Health and Human Services, Steven Wagner. Response to Motion due by 8/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Newman, Christie) Modified on 6/30/2020: to remove Sherri A Lydon (not a party) (kmca). (Entered: 07/24/2019)

ORDER: Defendant Henry McMaster ("McMaster") has filed a motion to stay all proceedings in this action pending the resolution of dispositive motions in what is described as a related action in Madonna v. United States Dep't of Health and Human Servs. et al, C/A No. 6:19-cv-448-TMC (D.S.C. 2019). (ECF No. 31 .) Plaintiff's response to the motion to stay is due by August 6, 2019. Defendants McMaster and Michael Leach have each filed a second motion for extension of the time to answer the complaint. (ECF Nos. 32, 33 .) Plaintiff's response to these motions is due by August 6, 2019. Defendants United States Department of Health and Human Services, Administration for Children and Families, Alex Azar, Lynn Johnson, and Steven Wagner also seek an extension of time to respond to the complaint. (ECF No. 36 .) Plaintiff's response to this motion is due by August 7, 2019.The court is of the opinion that the subject motions should be fully briefed and is not inclined to reduce the time for Plaintiffs to respond. In light of the deadlines for filing responses to the motions, and so as to provide Plaintiffs the opportunity to fully respond, the deadlines for all Defendants to answer and/or otherwise plead or respond to the complaint shall be temporarily stayed pending receipt of the Plaintiffs' responses to the motions filed at docket entries 31, 32, 33, and 36, and further order of the court. Entered at the direction of the Honorable Timothy M Cain on 7/25/19.(kmca) (Entered: 07/25/2019)

RESPONSE in Opposition re 31 MOTION to Stay Proceedingspending the court's resolution of dispositive motions filed in related case, Maddonna v. United States Department of Health and Human Services et al, No. 6:19-cv-00448-TMC, 33 Second MOTION for Extension of Time to File Answer re 1 Complaint,, 36 MOTION for Extension of Time to File Answer re 1 Complaint,, 32 Second MOTION for Extension of Time to respond to Plaintiffs' Complaint Response filed by Eden Rogers, Brandy Welch.Reply to Response to Motion due by 8/13/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Burnette, Mary) (Entered: 08/06/2019)

REPLY to Response to Motion re 31 MOTION to Stay Proceedingspending the court's resolution of dispositive motions filed in related case, Maddonna v. United States Department of Health and Human Services et al, No. 6:19-cv-00448-TMC, 32 Second MOTION for Extension of Time to respond to Plaintiffs' Complaint Response filed by Henry McMaster. (Attachments: # 1 Exhibit A: Correspondence between Gov. McMaster's counsel and Plaintiffs' counsel (June 27, 2019);, # 2 Exhibit B: Correspondence between Gov. McMaster's counsel and Plaintiffs' counsel (July 23, 2019).)(Coleman, Miles) (Entered: 08/13/2019)

REPLY to Response to Motion re 33 Second MOTION for Extension of Time to File Answer re 1 Complaint, Response filed by Michael Leach. (Woodington, Kenneth) (Entered: 08/13/2019)

REPLY to Response to Motion re 36 MOTION for Extension of Time to File Answer re 1 Complaint. Response filed by Administration for Children and Families, Alex Azar, Lynn Johnson, United States Department of Health and Human Services, Steven Wagner. (Newman, Christie) Modified on 6/30/202: to edit text (remove Sherri A Lydon-not a party) (kmca). (Entered: 08/13/2019)

TEXT ORDER: Defendant Henry McMaster has filed a motion to stay the proceedings in this case. (ECF No. 32 ). The other Defendants have consented to this motion. (ECF Nos. 41, 42 ). McMaster and the other Defendants have also filed motions for extension of time to respond to the complaint to allow the court to rule on the motion to stay. (ECF Nos. 32, 33, 36 ).Defendant McMaster contends that the court should stay this action pending resolution of the motions to dismiss filed in a related case, Maddonna v. U.S. Dep't of Health & Human Servs., No. 6:19-cv-448-TMC (D.S.C. 2019). He contends that, because the two cases present similar factual and legal issues, a stay would simplify the issues, alleviate unnecessary hardship on Defendants caused by duplicative litigation, and impose no prejudice on Plaintiffs.In their response, Plaintiffs argue, inter alia, that a stay would not promote judicial economy because the issues in Madonna are different and that a stay would substantially prejudice Plaintiffs as they face barriers to their ability to foster a child and unduly delay their vindication of a constitutional right. Plaintiffs also argue that the motion to stay (and the motions for extensions) are untimely.Incidental to its power to control its docket, a district court has the inherent power to stay proceedings. Landis v. N. Am. Co., 299 U.S. 248, 25455 (1936). In deciding a motion to stay, a court should consider three factors, including: "(1) the interests of judicial economy; (2) hardship and inequity to the moving party if the action is not stayed; and (3) potential prejudice to the non-moving party." Murphy-Pittman v. DePuy Orthopaedics, Inc. No. 3:12-cv-3179-JFA, 2012 WL 6588697, *2 (D. S. C. Dec. 17, 2012) (citations omitted). First, the court finds that the motions to stay and for extension are not untimely as they were filed prior to the lapse of the time to respond to the complaint. See Rule 6(b)(1)(A) (providing that "[w]hen an act may or must be done within a specified time, the court may, for good cause, extend the time: (A) with or without motion or notice if the court acts, or if a request is made, before the original time or its extension expires"). Second, reviewing the allegations in the two cases, the court finds that the issues in Maddonna are different. Maddonnna involves only alleged religious discrimination and, here, there is the additional allegation regarding discrimination against a same sex couple. While there may be some issues which could overlap between the two cases, the issues are not the same, and this weighs against Defendants' argument that a stay is needed to avoid duplicative litigation. Moreover, a stay would arguably prejudice Plaintiff by delaying a resolution of this litigation. See Klaver Constr. Co., Inc. v. Kan. Dep't of Transp., No. 992510, 2001 WL 1000679, at *23 (D. Kan. Aug. 23, 2001) (recognizing a "plaintiff's interest in seeking vindication for alleged constitutional violations" and denying a request for a stay). Moreover, the fact that Plaintiffs seek injunctive relief against ongoing and future harm further counsels against a stay. See Lockyer v. Mirant Corp., 398 F.3d 1098, 1112 (9th Cir. 2005). Weighing these factors, the court finds that a stay is not warranted at this time. Accordingly, based on the foregoing, Defendants' motion for a Stay (ECF No. 32 ) is DENIED; and Defendants' Motions for Extensions (ECF Nos. 32, 33, 36 ) are GRANTED. Defendants shall have until August 30, 2019, to file a response to the Complaint. Entered at the direction of the Honorable Timothy M Cain on 8/15/19.(kmca) (Entered: 08/15/2019)

MOTION to Withdraw as Attorney of Record by Henry McMaster. Response to Motion due by 9/5/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Bercot, Ethan) (Entered: 08/22/2019)

TEXT ORDER granting 44 Motion to Withdraw as Attorney. Entered at the direction of the Honorable Timothy M Cain on 8/23/19.(kmca) (Entered: 08/23/2019)

NOTICE of Request for Protection from Court Appearance by Kenneth Paul Woodington for August 30, 2019 through September 13, 2019 (Woodington, Kenneth) (Entered: 08/23/2019)

MOTION to Appear Pro Hac Vice by James Ryan Powers by Administration for Children and Families, Alex Azar, Lynn Johnson, United States Department of Health and Human Services, Steven Wagner. Response to Motion due by 9/11/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Application/Affidavit, # 2 Texas Bar Certificate)No proposed order.(Newman, Christie) Modified on 6/30/2020: to edit text (remove Sherri A Lydon-not a party) (kmca). (Entered: 08/28/2019)

TEXT ORDER granting 48 Motion to Appear Pro Hac Vice. Attorney James Ryan Powers for Defendants Administration for Children and Families, Alex Azar, Lynn Johnson, United States Department of Health and Human Services, Steven Wagner. Entered at the direction of the Honorable Timothy M Cain on 8/28/19.(kmca) Modified on 6/30/2020: to edit text (remove Sherri A Lydon-not a party) (kmca). (Entered: 08/28/2019)

MOTION to Dismiss by Administration for Children and Families, Alex Azar, Lynn Johnson, United States Department of Health and Human Services, Steven Wagner. Response to Motion due by 9/12/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support, # 2 Exhibit A - Request for Deviation or Exception)No proposed order.(Newman, Christie) Modified on 6/30/2020: to edit text (remove Sherri A Lydon-not a party) (kmca). (Entered: 08/29/2019)

1 Memo in Support

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2 Exhibit A - Request for Deviation or Exception

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Local Rule 26.01 Answers to Interrogatories by Administration for Children and Families, Alex Azar, Lynn Johnson, United States Department of Health and Human Services, Steven Wagner.(Newman, Christie) Modified on 6/30/2020: to edit text (remove Sherri A Lydon-not a party) (kmca). (Entered: 08/29/2019)

Joint MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Dismiss by Eden Rogers, Alan Wilson, Brandy Welch, Steven Wagner, United States Department of Health and Human Service, Henry McMaster, Michael Leach, Lynn Johnson, Alex Azar. Response to Motion due by 9/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) Modified on 8/30/2019 to add parties listed as filers (alew, ). Modified on 6/30/2020: to edit text (remove Sherri A Lydon-not a party) (kmca). (Entered: 08/30/2019)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction ( Response to Motion due by 9/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. ) by Michael Leach. No proposed order.(Woodington, Kenneth) (Entered: 08/30/2019)

Local Rule 26.01 Answers to Interrogatories by Michael Leach.(Woodington, Kenneth) (Entered: 08/30/2019)

TEXT ORDER granting 52 Motion for Extension of Time to File Response/Reply re 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 50 MOTION to Dismiss, and 57 Motion to Dismiss. Response to Motion due by 9/27/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. Replies due by 10/11/2019. Signed by Honorable Timothy M Cain on 8/30/19.(alew, ) Modified on 9/27/2019: to add link to 57 Motion to Dismiss (included in extension) (kmca). (Entered: 08/30/2019)

MOTION to Dismiss by Henry McMaster. Response to Motion due by 9/13/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Exhibit A: letter from Gov. McMaster to Steven Wagner (Feb. 27, 2018), # 2 Exhibit B: Executive Order 2018-12 (March 18, 2018), # 3 Exhibit C: letter from Steven Wagner to Gov. McMaster (Jan. 23, 2019))No proposed order.(Coleman, Miles) (Entered: 08/30/2019)

1 Exhibit A: letter from Gov. McMaster to Steven Wagner (Feb. 27, 2018)

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2 Exhibit B: Executive Order 2018-12 (March 18, 2018)

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3 Exhibit C: letter from Steven Wagner to Gov. McMaster (Jan. 23, 2019)

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Consent MOTION for Leave to File Excess Pages by Eden Rogers, Brandy Welch. Response to Motion due by 10/10/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Shutt, Nekki) (Entered: 09/26/2019)

TEXT ORDER granting 59 Consent Motion for Leave to File Excess Pages. Entered at the direction of the Honorable Timothy M Cain on 9/27/19.(kmca) (Entered: 09/27/2019)

RESPONSE in Opposition re 57 MOTION to Dismiss, 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction, 50 MOTION to Dismiss Response filed by Eden Rogers, Brandy Welch.Reply to Response to Motion due by 10/4/2019 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Shutt, Nekki) (Entered: 09/27/2019)

MOTION to Appear Pro Hac Vice by Derek K. Mong ( Filing fee $ 250 receipt number 0420-8712032) by Eden Rogers. Response to Motion due by 10/22/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order, # 2 Affidavit, # 3 Supporting Documents Certificate of Good Standing)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 10/08/2019)

TEXT ORDER granting 63 Motion to Appear Pro Hac Vice. Attorney Derek K Mong added for Plaintiffs. Entered at the direction of the Honorable Timothy M Cain on 10/8/19.(kmca) (Entered: 10/08/2019)

REPLY to Response to Motion re 57 MOTION to Dismiss Response filed by Henry McMaster. (Coleman, Miles) (Entered: 10/11/2019)

REPLY to Response to Motion re 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Response filed by Michael Leach. (Woodington, Kenneth) (Entered: 10/11/2019)

REPLY to Response to Motion re 50 MOTION to Dismiss Response filed by Administration for Children and Families, Alex Azar, Lynn Johnson, United States Department of Health and Human Services, Steven Wagner. (Newman, Christie) Modified on 6/30/2020: to edit text (remove Sherri A Lydon-not a party) (kmca). (Entered: 10/11/2019)

NOTICE of Request for Protection from Court Appearance by Miles Edward Coleman for November 13-15, 2019. (Coleman, Miles) (Entered: 10/21/2019)

Letter from Federal Defendants re: (Notice Regarding Notice of Nonenforcement and Notice of Proposed Rulemaking). (Attachments: # 1 Exhibit A - Notice of nonenforcement, # 2 Exhibit B - NPRM)(Newman, Christie) Modified on 11/5/2019: to add text (Federal Defendants) (kmca). (Entered: 11/05/2019)

1 Exhibit A - Notice of nonenforcement

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2 Exhibit B - NPRM

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Case Reassigned to Judge Donald C Coggins, Jr. Judge Timothy M Cain no longer assigned to the case. (suro, ) (Entered: 01/06/2020)

NOTICE OF CHANGE OF CASE NUMBER from Case Number 6:19-cv-03551-TMC and 6:19-cv-01567-TMC to 6:19-cv-03551-DCC and 6:19-cv-01567-DCC. Associated Cases: 6:19-cv-03551-DCC, 6:19-cv-01567-DCC(abuc) (Entered: 01/06/2020)

Case Reassigned to Judge Honorable Timothy M Cain. Judge Honorable Donald C Coggins, Jr no longer assigned to the case. (glev, ) (Entered: 02/27/2020)

NOTICE OF CHANGE OF CASE NUMBER. New case number is 6-19-cv-1567-TMC. Please make a note of it for all future filings as well as Judge's preferences. (kmca) (Entered: 02/27/2020)

NOTICE of Hearing on Motions: 50 MOTION to Dismiss, 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction, 57 MOTION to Dismiss: Motion Hearing set for Wednesday, 3/25/2020, 10:00 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. (kmca) (Entered: 03/13/2020)

NOTICE of Cancellation of Hearing: Motion Hearing set for Wednesday, 3/25/2020, 10:00 AM in G Ross Anderson Jr Court House, 315 S McDuffie St, Anderson before Honorable Timothy M Cain. In light of recommendations from the CDC and AO, this hearing will be rescheduled at a later date.(kmca) (Entered: 03/16/2020)

ORDER GRANTING in part and DENYING in part Defendants' motions to dismiss (ECF Nos. 50, 54, 57 ). Defendants' motions are GRANTED with respect to Plaintiffs' claim for violation of the Fourteenth Amendment equal protection based on religious discrimination, which is hereby DISMISSED. Defendants' motions are DENIED as to Plaintiffs' remaining claims for equal protection based on sexual orientation discrimination and violation of the Establishment Clause. Signed by Honorable Timothy M Cain on 5/8/20.(kmca) (Entered: 05/08/2020)

Federal Defendants' ANSWER to 1 Complaint, by Administration for Children and Families, Alex Azar, Lynn Johnson, United States Department of Health and Human Services, Steven Wagner.(Newman, Christie) Modified on 6/30/2020: to edit text (remove Sherri A Lydon-not a party) (kmca). (Entered: 05/22/2020)

Governor Henry McMaster's ANSWER to 1 Complaint, by Henry McMaster.(Coleman, Miles) (Entered: 05/22/2020)

ANSWER to 1 Complaint, by Michael Leach.(Woodington, Kenneth) (Entered: 05/22/2020)

TEXT ORDER: Scott Lekan is now the Principal Deputy Assistant Secretary for the Administration for Children and Families. See https://www.acf.hhs.gov/about/leadership/scott-lekan. Accordingly, pursuant to Federal Rule of Civil Procedure 25(d), Scott Lekan, in his official capacity, is automatically substituted as a party to this action for Steven Wagner. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 5/26/20. (kmca) (Entered: 05/26/2020)

SCHEDULING ORDER: Rule 26(f) Conference Deadline 6/15/2020, 26(a) Initial Disclosures due by 6/29/2020, Rule 26 Report due by 6/29/2020, ADR Statement/Certification due by 6/29/2020, Motions to Amend Pleadings due by 8/10/2020, Plaintiffs ID of Expert Witness due by 9/9/2020, Defendants ID of Expert Witnesses Due by 10/9/2020, Records Custodian Affidavit due by 10/9/2020, Discovery due by 11/9/2020, Motions due by 11/23/2020, Bench Trial Deadline 2/1/2021 or sixty (60) days after dispositive motions have been resolved. Signed by Honorable Timothy M Cain on 5/26/20. (kmca) (Entered: 05/26/2020)

MEDIATION ORDER. Mediation Due by 11/16/2020. Signed by Honorable Timothy M Cain on 5/26/20. (kmca) (Entered: 05/26/2020)

Federal Defendants' MOTION For Partial Relief From Order to Conduct Mediation re 88 Mediation Order, by Administration for Children and Families, Alex Azar, Lynn Johnson, Scott Lekan, United States Department of Health and Human Services. Response to Motion due by 6/18/2020. No proposed order.(kmca) Re-filed by clerk to correct event. (kmca) Modified on 6/8/2020: to add text (Partial) (kmca). Modified on 6/30/2020: to edit text (remove Sherri A Lydon-not a party) (kmca). (Entered: 06/05/2020)

TEXT ORDER granting as unopposed Federal Defendants' 89 Motion For Partial Relief From Order to Conduct Mediation. Entered at the direction of the Honorable Timothy M Cain on 6/8/20.(kmca) (Entered: 06/08/2020)

Joint Rule 26(f) Report and Joint LR 26.03 Answers by Eden Rogers, Brandy Welch, Henry McMaster, Michael Leach, United States Department of Health and Human Services, Alex Azar, Administration for Children and Families, Lynn Johnson, Scott Lekan.(Dunn, Susan) Modified on 6/30/2020: to add joint filers as listed, to add text (26.03s) (Main Document 91 replaced on 6/30/2020: to replace with corrected document (signatures) as provided by filing user) (kmca). (Entered: 06/29/2020)

ADR STATEMENT/CERTIFICATION by Eden Rogers, Brandy Welch(Dunn, Susan) (Main Document 92 replaced on 6/30/2020: to replace with corrected document (signature) as provided by filing user) (kmca). (Entered: 06/29/2020)

Consent MOTION to Amend/Correct 88 Mediation Order, 87 Scheduling Order,, by Eden Rogers, Brandy Welch. Response to Motion due by 7/13/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Order Proposed Amended Scheduling order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) (Entered: 06/29/2020)

TEXT ORDER finding as moot 93 Motion to Amend/Correct. The parties are allowed one revision to the Scheduling and Mediation Orders with the filing of the 26(f) Report. Accordingly this motion is moot. Entered at the direction of the Honorable Timothy M Cain on 6/30/20.(kmca) (Entered: 06/30/2020)

ADR STATEMENT/CERTIFICATION by Michael Leach(Woodington, Kenneth) (Entered: 06/30/2020)

ADR STATEMENT/CERTIFICATION by Administration for Children and Families, Alex Azar, Lynn Johnson, Scott Lekan, United States Department of Health and Human Services(Newman, Christie) Modified on 6/30/2020: to remove filer (Sherri A Lydon-not a party) (kmca). (Entered: 06/30/2020)

ADR STATEMENT/CERTIFICATION by Henry McMaster(Coleman, Miles) (Entered: 06/30/2020)

MOTION for Extension of Time to Respond to Subpoena by Miracle Hill Ministries, Incorporated. Response to Motion due by 7/15/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.(Matthews, Steve) (Entered: 07/01/2020)

TEXT ORDER granting 99 Motion for Extension of Time. Non-party Miracle Hill Ministries Incorporated shall have until August 4, 2020 to respond to the subpoena. Entered at the direction of the Honorable Timothy M Cain on 7/2/20.(kmca) (Entered: 07/02/2020)

CONSENT AMENDED SCHEDULING ORDER: 26(a) Initial Disclosures due by 7/13/2020, Motions to Amend Pleadings due by 11/9/2020, Plaintiffs ID of Expert Witness due by 12/8/2020, Defendants ID of Expert Witnesses Due by 1/7/2021, Records Custodian Affidavit due by 1/7/2021, Discovery due by 2/8/2021, Mediation Due by 2/16/2021, Motions due by 2/22/2021, Bench Trial Deadline 5/3/2021 or sixty (60) days after dispositive motions have been resolved. Signed by Honorable Timothy M Cain on 7/9/20. (kmca) (Entered: 07/09/2020)

MOTION for Protective Order by Administration for Children and Families, Alex Azar, Lynn Johnson, Scott Lekan, United States Department of Health and Human Services. Response to Motion due by 7/24/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Of Motion for Protective Order, # 2 Exhibit A, 06-04-2020 Plaintiffs' First Set of Request for Production to Federal Defendants)No proposed order.(Newman, Christie) (Entered: 07/10/2020)

1 Memo in Support Of Motion for Protective Order

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2 Exhibit A, 06-04-2020 Plaintiffs' First Set of Request for Production to Fe

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RESPONSE in Opposition re 102 MOTION for Protective Order Response filed by Eden Rogers, Brandy Welch.Reply to Response to Motion due by 7/31/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Shutt, Nekki) (Entered: 07/24/2020)

REPLY to Response to Motion re 102 MOTION for Protective Order Response filed by Administration for Children and Families, Alex Azar, Lynn Johnson, Scott Lekan, United States Department of Health and Human Services. (Newman, Christie) (Entered: 07/31/2020)

REPLY by Administration for Children and Families, Alex Azar, Lynn Johnson, Scott Lekan, United States Department of Health and Human Services to 102 MOTION for Protective Order Federal Defendants Notice In RE Motion For Protective Order. (Newman, Christie) (Entered: 08/13/2020)

MOTION to Compel Discovery from State Defendants by Eden Rogers, Brandy Welch. Response to Motion due by 10/19/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Memo in Support Memorandum in support of motion to compel, # 2 Appendix Appendix to memo with chart of requested releif, # 3 Affidavit Declaration of Attorney as to exhibits, # 4 Exhibit Plaintiffs' 1st RFP to McMaster, # 5 Exhibit Plaintiffs' 1st RFP to Leach, # 6 Exhibit arbur communciation with Coleman, # 7 Exhibit McMaster's response to Plaintiffs' 1st RFP, # 8 Exhibit Leach;s response to Plainitffs' first RFP, # 9 Exhibit Email from Schindel to Coleman about meet and confer, # 10 Exhibit 9.16.2020 Ltr from Barbur to State Defendants, # 11 Exhibit 9.22.2020 ltr to Barbur about production, # 12 Exhibit 9.22.2020 ltr to Barbur from Woodington)No proposed order.(Dunn, Susan) Modified on 10/20/2020: to add text (state defendants) (kmca). (Entered: 10/05/2020)

1 Memo in Support Memorandum in support of motion to compel

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2 Appendix Appendix to memo with chart of requested releif

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3 Affidavit Declaration of Attorney as to exhibits

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4 Exhibit Plaintiffs' 1st RFP to McMaster

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5 Exhibit Plaintiffs' 1st RFP to Leach

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6 Exhibit arbur communciation with Coleman

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7 Exhibit McMaster's response to Plaintiffs' 1st RFP

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8 Exhibit Leach;s response to Plainitffs' first RFP

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9 Exhibit Email from Schindel to Coleman about meet and confer

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10 Exhibit 9.16.2020 Ltr from Barbur to State Defendants

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11 Exhibit 9.22.2020 ltr to Barbur about production

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12 Exhibit 9.22.2020 ltr to Barbur from Woodington

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RESPONSE in Opposition re 107 MOTION to Compel Response filed by Henry McMaster.Reply to Response to Motion due by 10/26/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Coleman, Miles) (Entered: 10/19/2020)

RESPONSE in Opposition re 107 MOTION to Compel Response filed by Michael Leach.Reply to Response to Motion due by 10/26/2020 Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. (Attachments: # 1 Exhibit 1/31/19 ACLU FOIA letter, # 2 Exhibit 7/11/19 ACLU FOIA letter)(Woodington, Kenneth) (Entered: 10/19/2020)

1 Exhibit 1/31/19 ACLU FOIA letter

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2 Exhibit 7/11/19 ACLU FOIA letter

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REPLY to Response to Motion re 107 MOTION to Compel Discovery from State Defendants. Response filed by Eden Rogers, Brandy Welch. (Dunn, Susan) (Entered: 10/26/2020)

TEXT ORDER: Pending before the court is Plaintiffs' motion to compel the State Defendants to fully respond to Plaintiff's First Sets of Requests for Production. (ECF No. 107 ). The Court is of the firm opinion that the attorneys involved in this action should be able to resolve the issues raised in this motion without intervention of the court and the expenditure of limited judicial resources, not to mention the additional expense to the parties should a hearing be necessary. Accordingly, the court directs the attorneys to redouble their efforts, in good faith, to reach a compromise on the matters raised in this motion and to file a joint status report as to their efforts by November 24, 2020. The report must indicate whether or not the parties have resolved the matters at issue in this motion. If the parties have failed to resolve the issues, the report must provide an explanation of the actions taken by each party to resolve the matter. The parties are given notice that, in the event a hearing and ruling by the court is necessary, the court reserves the right to assess sanctions, including fees and costs, against the non-prevailing party, and against any person or entity who fails to act in good faith to resolve the issues before the court. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 10/27/20. (kmca) (Entered: 10/27/2020)

JOINT STATUS REPORT by Eden Rogers, Brandy Welch, Henry McMaster, Michael Leach. (Dunn, Susan) Modified on 11/30/2020: to add joint filers (State Defendants) as listed (kmca). (Entered: 11/24/2020)

MOTION for Extension of Time for Scheduling order by Eden Rogers, Brandy Welch. Response to Motion due by 12/9/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: # 1 Proposed Amended Scheduling Order)Proposed order is being emailed to chambers with copy to opposing counsel.(Dunn, Susan) Modified on 11/30/2020: to remove duplicate text (proposed order) (kmca). (Attachment 1 replaced on 12/1/2020: to replace with corrected document (Judge's form) as provided by filing user) (kmca). (Entered: 11/25/2020)

TEXT ORDER granting Plaintiffs' 114 Motion to Amend Scheduling Order. Further, Pursuant to the parties' joint status report (ECF No. 113 ), the court grants the parties' an additional 21 days in which to resolve Plaintiffs' Motion to Compel (ECF No. 107 ). Accordingly, the court directs the attorneys to continue their efforts, in good faith, to reach a compromise as to the issues raised in this motion and to file another joint status report as to their efforts by December 21, 2020, or upon resolution of the issues raised in Plaintiffs' motion, whichever is earlier. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 12/1/20.(kmca) (Entered: 12/01/2020)

SECOND AMENDED SCHEDULING ORDER: Plaintiffs ID of Expert Witness due by 3/8/2021, Defendants ID of Expert Witnesses Due by 4/7/2021, Records Custodian Affidavit due by 4/7/2021, Discovery due by 5/10/2021, Mediation Due by 5/17/2021, Motions due by 5/24/2021, Bench Trial Deadline 8/2/2021 or sixty (60) days after dispositive motions have been resolved. Signed by Honorable Timothy M Cain on 12/1/20. (kmca) (Entered: 12/01/2020)

JOINT STATUS REPORT by Henry McMaster, Eden Rogers, Michael Leach, Brandy Welch (Coleman, Miles) Modified on 12/22/2020 to add parties listed as filers (alew, ) (Entered: 12/21/2020)

TEXT ORDER: Pursuant to the parties' joint status report 118, the court grants the parties' an additional 21 days in which to resolve Plaintiffs' Motion to Compel (ECF No. 107 ). Accordingly, the court directs the attorneys to continue their efforts, in good faith, to reach a compromise as to the issues raised in this motion and to file another joint status report as to their efforts by January 19, 2021, or upon resolution of the issues raised in Plaintiffs' motion, whichever is earlier. IT IS SO ORDERED. Entered at the direction of the Honorable Timothy M Cain on 12/29/20. (kmca) (Entered: 12/29/2020)

Case Reassigned to Judge Honorable Joseph Dawson, III. Judge Honorable Timothy M Cain no longer assigned to the case. (cwil, ) (Entered: 01/12/2021)