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Strawser v. Strange
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U.S. District Court Southern District of Alabama (Mobile) CIVIL DOCKET FOR CASE #: 1:14-cv-00424-CG-C Strawser v. Strange Assigned to: Senior Judge Callie V. S. Granade Referred to: Magistrate Judge William E. Cassady Case in other court: 11th Cir. USCA, 15-10313-CC 11th Cir. USCA, 15-90014 Cause: 42:1981 Civil Rights Date Filed: 09/11/2014 Date Terminated: 06/07/2016 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question
Plaintiff James N. Strawser represented by: Christopher F. Stoll National Center for Lesbian Rights LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli Southern Poverty Law Center LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann Boyd, Fernambucq, Dunn & Fann, P.C. LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall ACLU of Alabama Foundation, Inc. LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy Southern Poverty Law Center LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter National Center for Lesbian Rights LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee Americans United for Separation of Church and State PRO HAC VICE ATTORNEY TO BE NOTICED
Plaintiff John E. Humphrey represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Plaintiff Robert Povilat represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Plaintiff Anna Lisa Carmichael represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Plaintiff Kristy Simmons represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Plaintiff Milton Persinger represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Plaintiff Meredith Miller represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Plaintiff Marshay Safford represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Plaintiff Albert Halloway Pigg III represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) ATTORNEY TO BE NOTICED
Plaintiff Gary Wayne Wright II represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) ATTORNEY TO BE NOTICED
Plaintiff Brandon Mabrey represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) ATTORNEY TO BE NOTICED
Plaintiff Keith Ingram represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) ATTORNEY TO BE NOTICED
Plaintiff Kristie Ogle represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) ATTORNEY TO BE NOTICED
Plaintiff Jennifer Ogle represented by: Christopher F. Stoll (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED David Dinielli (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Heather Rene Fann (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Randall C. Marshall (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Scott D. McCoy (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Richard B. Katskee (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Shannon P. Minter (See above for address) ATTORNEY TO BE NOTICED
V. Defendant Luther Strange in his official capacity as Attorney General of the State of Alabama represented by: James W. Davis Office of the Attorney General LEAD ATTORNEY ATTORNEY TO BE NOTICED Laura Elizabeth Howell LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew L. Brasher ATTORNEY TO BE NOTICED
Defendant Don Davis in his official capacity as Probate Judge of Mobile County, Alabama represented by: Joseph Michael Druhan , Jr. Druhan & Tyler LLC LEAD ATTORNEY ATTORNEY TO BE NOTICED Mark S. Boardman Boardman, Carr, Bennett, Watkins, Hill & Gamble, P.C. LEAD ATTORNEY ATTORNEY TO BE NOTICED Clay Richard Carr Boardman, Carr & Hutcheson, P.C. ATTORNEY TO BE NOTICED Harry V. Satterwhite Satterwhite, Druhan & Tyler, LLC ATTORNEY TO BE NOTICED Lee L. Hale Hale and Hughes ATTORNEY TO BE NOTICED Teresa B. Petelos Boardman, Carr, Petelos, Watkins & Ogle, P.C. ATTORNEY TO BE NOTICED
Defendant Tim Russell in his official capacity as Probate Judge of Baldwin County, Alabama represented by: Jamie Helen Kidd Webb & Eley, P.C. LEAD ATTORNEY ATTORNEY TO BE NOTICED John David Whetstone LEAD ATTORNEY ATTORNEY TO BE NOTICED Kendrick E. Webb Webb & Eley, P. C. LEAD ATTORNEY ATTORNEY TO BE NOTICED
Date Filed | # | Docket Text |
09/11/2014 | <>1 | COMPLAINT against State of Alabama filed by James N. Strawser, John E. Humphrey. (tot) (Entered: 09/12/2014) |
09/11/2014 | 2 | MOTION for Leave to Proceed in forma pauperis by James N. Strawser. (Referred to Judge William E. Cassady on 9/12/14). (tot) (Entered: 09/12/2014) |
09/15/2014 | 3 | Order, Plf Humphrey is to file his own motion to proceed without prepayment of fees & costs on or before 9/29/2014, at which time both motions will be ruled upon. Signed by Magistrate Judge William E. Cassady on 9/15/2014. (copies mailed to Plfs on 9/15/14 w/motion form to Plf Humphrey) (tot) (Entered: 09/15/2014) |
09/18/2014 | 4 | MOTION for Leave to Proceed in forma pauperis by John E. Humphrey. (Referred to Judge William E. Cassady on 9/18/14). (tot) (Entered: 09/18/2014) |
09/23/2014 | 5 | ORDER GRANTING 2 Motion for Leave to Proceed in forma pauperis, 4 Motion for Leave to Proceed in forma pauperis as set out. The Clerk is directed to served dft as set out. Signed by Magistrate Judge William E. Cassady on 9/23/2014. (copies mailed to Plfs on 9/23/14) (tot) (Entered: 09/23/2014) |
09/26/2014 | 6 | Summons Issued as to State of Alabama. (Attachment: # 1 Cert. Mail Receipt) (tot) (Entered: 09/26/2014) |
10/06/2014 | 7 | Return of Service Executed, State of Alabama served on 9/29/2014, answer due 10/20/2014. (tot) (Entered: 10/07/2014) |
10/17/2014 | 8 | MOTION to Dismiss for Lack of Jurisdiction by State of Alabama. (Howell, Laura) (Entered: 10/17/2014) |
10/20/2014 | 9 | PRELIMINARY SCHEDULING ORDER entered. Rule 26 Meeting Report due by 12/4/2014. Signed by Magistrate Judge William E. Cassady on 10/20/2014. (Attachment: # 1 Consent to Jurisdiction by a U. S. Magistrate Judge) (copies mailed to Plfs on 10/20/14) (tot) Modified on 10/20/2014 (tot). (Entered: 10/20/2014) |
10/20/2014 | 10 | NOTICE of Appearance by James W. Davis on behalf of State of Alabama (Davis, James) (Entered: 10/20/2014) |
10/21/2014 | 11 | Order, re: 8 MOTION to Dismiss for Lack of Jurisdiction filed by State of Alabama. Motion will be taken under submission on 11/21/2014. Plaintiffs' response or motion to amend as set out in order due by 11/13/2014, and defendant's reply due by 11/20/2014. Signed by Magistrate Judge William E. Cassady on 10/21/2014. (copies to pltfs) (mab) (Entered: 10/21/2014) |
11/13/2014 | 12 | MOTION to Amend 1 Complaint & Change Defendant by John E. Humphrey, James N. Strawser. (Referred to J/Granade on 11/17/14) (tot) (Entered: 11/17/2014) |
11/19/2014 | 13 | REPLY in Support of 8 MOTION to Dismiss & RESPONSE to 12 MOTION to Amend Complaint filed by State of Alabama. (Davis, James) Modified on 11/20/2014 (tot). (Entered: 11/19/2014) |
11/20/2014 | 14 | REPORT AND RECOMMENDATION recommending that Plf's 12 MOTION to Amend 1 Complaint & Change Defendant be GRANTED as set out. The substitution of Luther Strange, in his official capacity as Attorney General of the State of Alabama, will MOOT the previously-filed 8 MOTION to Dismiss. Objections to R&R due by 12/10/2014. Signed by Magistrate Judge William E. Cassady on 11/20/2014. (copies mailed to Plfs on 11/20/14) (tot) (Entered: 11/20/2014) |
12/01/2014 | 15 | MOTION for Immediate Preliminary and Permanent Injunctive Relief by John E. Humphrey, James N. Strawser. (Referred to J/Granade on 12/1/14) (tot) (Entered: 12/01/2014) |
12/04/2014 | 16 | Defendant's Report of Planning Meeting and RESPONSE to Court's 9 Preliminary Scheduling Order, by State of Alabama filed by State of Alabama. (Attachments: # 1 Exhibit A - Defendant's Report of Parties Planning Meeting) (Davis, James) (Entered: 12/04/2014) |
12/04/2014 | 17 | RESPONSE in Opposition to 15 Plaintiffs Motion for Immediate Preliminary and Permanent Injunctive Relief, filed by State of Alabama. (Davis, James) (Entered: 12/04/2014) |
12/04/2014 | 18 | Order, setting hearing for December 18, 2014 at 9:00 a.m., in Courtroom 2B, United States Courthouse, Mobile, Alabama re: Plaintiffs' 15 motion for immediate preliminary and permanent injunction. Plaintiff shall be required to prove the standards as set forth in order at the hearing. Signed by Judge Callie V. S. Granade on 12/4/2014. (copies to pltfs) (mab) (Entered: 12/04/2014) |
12/08/2014 | 19 | Order, Scheduling Conference set for 12/18/2014 immediately following the conclusion of hrg before Judge Granade as set out. It is anticipated that the parties will arrive in the Courtroom 3A sometime after 10:00 am on 12/18/14. Signed by Magistrate Judge William E. Cassady on 12/8/2014. (copy mailed to Plfs on 12/8/14) (tot) (Entered: 12/08/2014) |
12/08/2014 | 20 | NOTICE by State of Alabama re 16 Response to Order, (Defendant's Notice of Filing of Materials in Reference to Doc. 16, Defendant's Report of Planning Meeting and Response to the Court's Preliminary Scheduling Order) (Attachments: # 1 Exhibit 1 - Nov. 19, 2014 correspondence from Defendant's Counsel to Plaintiffs, # 2 Exhibit 2 - Nov. 25, 2014 correspondence from Defendant's Counsel to Plaintiffs, # 3 Exhibit 3 - Dec. 1, 2014 correspondence from Defendant's Counsel to Plaintiffs, # 4 Exhibit 4 - Dec. 1, 2014 correspondence from Defendant's Counsel to Plaintiffs, # 5 Exhibit 5 - Dec. 3, 2014 correspondence from Defendant's Counsel to Plaintiffs) (Davis, James) (Entered: 12/08/2014) |
12/08/2014 | 21 | NOTICE by State of Alabama re 17 Response in Opposition to Motion (Defendant's Notice of Filing of Materials in Support of Doc. 17, Defendant's Opposition to the Plaintiffs' Motion for Preliminary Injunction) (Attachments: # 1 Exhibit 1 - Doc. 47 - Defendant's Motion for Summary Judgment, # 2 Exhibit 2 - Doc. 48, Defendant's Brief in Support of Summary Judgment, # 3 Exhibit 3 - Doc. 48-1, Ex. A to Defendant's Brief (Baker v. nelson Jurisdictional Statement), # 4 Exhibit 4 - Doc. 48-2, Ex. B to Defendant's Brief (Article), # 5 Exhibit 5 - Doc. 49, Ex. A to Def. Motion for Summary Judgment (Girgis Declaration), # 6 Exhibit 6 - Doc. 49-1, Ex. B to Defendant's Motion for Summary Judgment (AG Opinion), # 7 Exhibit 7 - Doc. 49-2, Ex. C to Defendant's Motion for Summary Judgment (Election results), # 8 Exhibit 8 - Doc. 52, Defendant's Sur-reply in support of Summary Judgment, # 9 Exhibit 9 - Doc. 52-1, Ex. A to Def. Sur-reply in Support of Summary Judgment (Marks Declaration)) (Davis, James) (Entered: 12/08/2014) |
12/11/2014 | 22 | ORDER ADOPTING 14 REPORT AND RECOMMENDATION. Plf's 12 MOTION to Amend 1 Complaint is GRANTED as set out. 8 MOTION to Dismiss is MOOT as set out. Luther Strange, in his official capacity as Attorney General of the State of Alabama, is substituted in place of the State of Alabama as the party dft. Dft Luther Strange is to file his answer NLT 12/18/2014. Signed by Judge Callie V. S. Granade on 12/11/2014. (copy mailed to Plfs on 12/11/14) (tot) (Entered: 12/11/2014) |
12/15/2014 | 23 | Brief in Support of 15 MOTION for Immediate Preliminary & Permanent Injunctive Relief filed by John E. Humphrey, James N. Strawser. (Referred to J/Granade on 12/15/14) (tot) (Entered: 12/15/2014) |
12/16/2014 | 24 | MOTION to Dismiss Amended Complaint by Luther Strange. (Howell, Laura) (Entered: 12/16/2014) |
12/16/2014 | 25 | ANSWER to 1 Complaint by Luther Strange. (Davis, James) (Entered: 12/16/2014) |
12/16/2014 | 26 | Notice of Adoption by Luther Strange re: 20 Notice (Other),, 21 Notice (Other),,,, 16 Response to Order, 17 Response in Opposition to Motion (adoption of pleadings filed by the former Defendant, the State of Alabama) (Davis, James) (Entered: 12/16/2014) |
12/18/2014 | 27 | RESTRICTED AUDIO FILE (7.5 MB) regarding Scheduling Conference held on 12/18/2014 at 10:00 a.m. before Magistrate Judge William E. Cassady. 15 mins. (eec) (Entered: 12/18/2014) |
12/18/2014 | 28 | ORDER, STAYING case until January 20,2015, while the pro se plaintiffs attempt to retain counsel. Rule 26 Meeting Report due by 2/3/2015. Plaintiffs' response to 24 motion to dismiss due by 2/3/2015. Signed by Magistrate Judge William E. Cassady on 12/18/2014. (copies to pltfs) (mab) (Entered: 12/18/2014) |
01/26/2015 | 29 | ORDER re: Plfs' 15 Motion for Preliminary Injunction & Permanent Injunction. Court ORDERS that the Alabama Attny Gen is prohibited from enforcing the Alabama laws which prohibit same-sex marriage as set out. Court STAYS execution of this injunction for 14 days to allow Dft to seek a further stay pending appeal in the Eleventh Circuit Court of Appeals. If no action by the Eleventh Circuit Court of Appeals to extend or lift the stay with that time period, this stay will be lifted on 2/9/15. Signed by Judge Callie V. S. Granade on 1/26/2015. (copies mailed to Plfs on 1/26/15) (tot) (Entered: 01/26/2015) |
01/26/2015 | 30 | NOTICE of Appearance by Andrew L. Brasher on behalf of Luther Strange (Brasher, Andrew) (Entered: 01/26/2015) |
01/26/2015 | 31 | NOTICE OF INTERLOCUTORY APPEAL as to 29 Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction,,,, by Luther Strange. (Brasher, Andrew) (Entered: 01/26/2015) |
01/26/2015 | 32 | Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 29 Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction, 31 Notice of Appeal - Interlocutory, Judge Appealed: Judge Granade, Court Reporter: No Hearings, Fee Pending (jal) (Entered: 01/26/2015) |
01/27/2015 | 33 | Order WITHDRAWING all the February 2015 dates set forth in 28 Order in light of the interlocutory appeal as set out. Signed by Magistrate Judge William E. Cassady on 1/27/2015. (copies mailed to Plfs on 1/27/15) (tot) (Entered: 01/27/2015) |
01/27/2015 | 34 | NOTICE of Docketing Record on Appeal from USCA re 31 Notice of Appeal - Interlocutory filed by Luther Strange. USCA Case Number 15-10313-A (jal) (Entered: 01/28/2015) |
01/28/2015 | 35 | Appeal Instructions for Andrew Brasher, Esq. re: 31 Notice of Appeal - Interlocutory : The Civil Appeal Statement Form is available on the Internet at www.ca11.uscourts.gov. Transcript Information Form to be filed no later than 2/11/2015. (jal) (Entered: 01/28/2015) |
01/28/2015 | 36 | TRANSCRIPT INFORMATION FORM filed by Luther Strange re: 31 Notice of Appeal - Interlocutory. Requesting transcripts for proceedings as follows: 12/18/14 PI hearing before Judge Granade, Court Reporter Roy Isbell. Email to Court Reporter Roy Isbell. (Davis, James) (Entered: 01/28/2015) |
01/28/2015 | 37 | USCA Appeal Fees received $ 505 receipt number 33963 re 31 Notice of Appeal - Interlocutory filed by Luther Strange ; USCA Case Number 15-10313-A (jal) (Entered: 01/29/2015) |
01/31/2015 | 38 | Transcript Acknowledgment filed by Court Reporter Roy Isbell, re: 36 Transcript Information Form, 31 Notice of Appeal - Interlocutory for proceedings as follows: 12/18/2014 before Judge Callie V. S. Granade, Transcript due by 2/3/2015. (Isbell, Roy) (Entered: 01/31/2015) |
01/31/2015 | 39 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT for date of 12/18/2014, HEARING ON MOTION FOR PRELIMINARY INJUNCTION, before Judge Callie V. S. Granade, re: 31 Notice of Appeal - Interlocutory. USCA Case Number 15-10313-A. Court Reporter Roy Isbell, Telephone number 251-690-3085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have twenty-one (21) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. Notice of Transcript Redaction to be filed by 2/23/2015. Redaction Request due 2/23/2015. Redacted Transcript Deadline set for 3/3/2015. Release of Transcript Restriction set for 5/1/2015. (Isbell, Roy) (Entered: 01/31/2015) |
02/03/2015 | 40 | MOTION to Lift Stay by John E. Humphrey, James N. Strawser. (Attachments: # 1 Exhibit) (Stoll, Christopher) (Entered: 02/03/2015) |
02/03/2015 | 41 | RESPONSE in Opposition re 40 MOTION to Lift Stay filed by Luther Strange. (Davis, James) (Entered: 02/03/2015) |
02/04/2015 | 42 | ORDER, DENYING 40 Motion for Immediate Lift of Stay. If the Supreme Court denies a stay or does not rule before February 9, 2015, this court's stay will still remain in place until that date to allow the Probate Courts of this state to be completely prepared for compliance with the rulings in this case and the Searcy case. Signed by Judge Callie V. S. Granade on 2/4/2015. (mab) (Entered: 02/04/2015) |
02/09/2015 | 43 | MOTION to Amend Complaint 1 Complaint , MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by John E. Humphrey, James N. Strawser. (Attachments: # 1 Exhibit Exhibit A to Motion -- Proposed First Amended Complaint, # 2 Stoll Declaration in Support of Motion, # 3 Exhibit Exhibit A to Stoll Declaration, # 4 Strawser Declaration in Support of Motion, # 5 Miller Declaration in Support of Motion, # 6 Simmons Declaration in Support of Motion, # 7 Povilat Declaration in Support of Motion) (Stoll, Christopher) (Entered: 02/09/2015) |
02/10/2015 | 44 | RESPONSE to Motion re: 43 MOTION to Amend Complaint 1 Complaint MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Luther Strange. (Davis, James) (Entered: 02/10/2015) |
02/10/2015 | 45 | NOTICE of Appearance by Randall C. Marshall on behalf of John E. Humphrey, James N. Strawser (Marshall, Randall) (Entered: 02/10/2015) |
02/10/2015 | 46 | Order re: Plfs' 43 Emergency MOTION for Leave to File an Amended Complaint, MOTION for Preliminary Injunction &/or Temporary Restraining Order. Plfs' 43 MOTION for Leave to File an Amended Complaint is GRANTED as set out. A Hearing on the 43 MOTION for Preliminary Injunction is set for 2/12/2015 at 01:00 PM in US Courthouse, Courtroom 2B, 113 St. Joseph Street, Mobile, AL 36602 before Judge Callie V. S. Granade. The clerk of court is directed to provide Joseph Michael Druhan, Jr., counsel for Judge Don Davis, with a copy of this Order. Signed by Judge Callie V. S. Granade on 2/10/2015. (tot) (Entered: 02/10/2015) |
02/10/2015 | 47 | AMENDED COMPLAINT against Luther Strange, Don Davis, filed by James N. Strawser, John E. Humphrey, Robert Povilat, Anna Lisa Carmichael, Kristy Simmons, Milton Persinger, Meredith Miller, Marshay Safford. (Attachments: # 1 Proposed Summons) (Stoll, Christopher) (Entered: 02/10/2015) |
02/11/2015 | 48 | Summons Issued as to Don Davis. (Note to Counsel: The Summons has been issued. Please print copies necessary for service.) (mab) (Entered: 02/11/2015) |
02/11/2015 | 49 | NOTICE of Appearance by Joseph Michael Druhan, Jr on behalf of Don Davis (Druhan, Joseph) (Entered: 02/11/2015) |
02/11/2015 | 50 | NOTICE of Appearance by Harry V. Satterwhite on behalf of Don Davis (Satterwhite, Harry) (Entered: 02/11/2015) |
02/11/2015 | 51 | NOTICE of Appearance by Lee L. Hale on behalf of Don Davis (Hale, Lee) (Entered: 02/11/2015) |
02/12/2015 | 52 | NOTICE by Don Davis Notice to this Court of Presently Conflicting Authority and Potential Conflicting Authority Based on Recent Filings (Satterwhite, Harry) (Entered: 02/12/2015) |
02/12/2015 | 53 | MOTION for Shannon P. Minter to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1698540, Online Credit Card Payment.) by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Attorney Admission Form, # 2 Certificate of Good Standing) (Minter, Shannon) (Entered: 02/12/2015) |
02/12/2015 | 54 | MOTION for Christopher F. Stoll to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1698543, Online Credit Card Payment.) by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Attorney Admission Form, # 2 Certificate of Good Standing) (Stoll, Christopher) (Entered: 02/12/2015) |
02/12/2015 | 55 | ORDER, It is ORDERED and DECLARED that ALA. CONST. ART. I, § 36.03 (2006) and ALA. CODE 1975 § 30-1-19 are unconstitutional because they violate the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. Probate Judge Don Davis is hereby ENJOINED from refusing to issue marriage licenses to plaintiffs due to the Alabama laws which prohibit same-sex marriage. Signed by Judge Callie V. S. Granade on 2/12/2015. (mab) (Entered: 02/12/2015) |
02/13/2015 | 56 | ORDER re: 53 Motion to Appear Pro Hac Vice, 54 Motion to Appear Pro Hac Vice. Counselors Minter & Stoll are admitted pro hac vice as set out. Signed by Magistrate Judge William E. Cassady on 2/13/2015. (tot) (Entered: 02/13/2015) |
02/13/2015 | 57 | ORDER, DENYING as MOOT the 24 Motion to Dismiss filed by Luther Strange. Signed by Magistrate Judge William E. Cassady on 2/13/2015. (mab) (Entered: 02/13/2015) |
02/15/2015 | 58 | MOTION to Intervene by Alan King. (Attachments: # 1 Exhibit Emergency Petition for Writh of Mandamus) (McMillan, French) (Entered: 02/15/2015) |
02/17/2015 | 59 | MOTION for Preliminary Injunction by Alan King. (Attachments: # 1 Exhibit) (McMillan, French) (STRICKEN ON 2/20/15 - SEE DOC. 66 ) Modified on 2/20/2015 (tot). (Entered: 02/17/2015) |
02/17/2015 | 60 | Emergency MOTION for Enforcement of Injunction & Emergency MOTION to Expedite Ruling by District Judge on Emergency Motion for Enforcement of Injunction by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Exhibit State v. King petition for writ of mandamus, # 2 Exhibit State v. King scheduling order) (Marshall, Randall) (Entered: 02/17/2015) |
02/17/2015 | 61 | RESPONSE in Opposition re 58 MOTION to Intervene filed by Luther Strange. (Davis, James) (Entered: 02/17/2015) |
02/17/2015 | 62 | RESPONSE in Opposition to 60 Plaintiffs' for Emergency Motion for Enforcement of Judgment, filed by Luther Strange. (Davis, James) (Entered: 02/17/2015) |
02/17/2015 | 63 | REPLY to 61 Response in Opposition to Motion, 58 MOTION to Intervene filed by Alan King. (McMillan, French) (Entered: 02/17/2015) |
02/18/2015 | 64 | REPLY to Response to Motion 60 for Enforcement of Injunction filed by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Marshall, Randall) (Entered: 02/18/2015) |
02/20/2015 | 65 | NOTICE of Filing Exhibits by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser re: 60 Emergency MOTION for Enforcement of InjunctionEmergency MOTION to Expedite Ruling by District Judge on Emergency Motion for Enforcement of Injunction (Attachments: # 1 Exhibit 3: Jefferson County Probate Judge King and Madison County Probate Judge Ragland Joint Answer and Brief, # 2 Exhibit 4: Chilton County Probate Judge Martin Answer and Brief, # 3 Exhibit 5: Montgomery County Probate Judge Reed Answer and Brief, # 4 Exhibit 6: Mobile County Probate Judge Davis Response, # 5 Exhibit 7: Elmore County Probate Judge Enslen Answer, # 6 Exhibit 8: Equality Alabama Motion for Leave to File Amicus Brief and Brief, # 7 Exhibit 9: Eagle Forum of Alabama Education Foundation and Eagle Forum Education & Legal Defense Fund Motion for Leave to File Amici Brief and Brief, # 8 Exhibit 10: J. Stanton Glasscox Motion for Leave to File Amicus Brief and Brief, # 9 Exhibit 11: Extension of time until 10:00 a.m., Monday, February 23, 2015, to file Reply Brief) (Marshall, Randall) (Entered: 02/20/2015) |
02/20/2015 | 66 | ORDER DENYING Jefferson County Probate Judge Alan King's 58 Motion to Intervene as set out & STRIKING Judge King's 59 Motion for Preliminary Injunction as set out. Signed by Judge Callie V. S. Granade on 2/20/2015. (tot) (Entered: 02/20/2015) |
02/20/2015 | 67 | ORDER DENYING Plfs' 60 Emergency Motion for Enforcement of Judgment as set out. Signed by Judge Callie V. S. Granade on 2/20/2015. (tot) (Entered: 02/20/2015) |
02/24/2015 | 68 | ANSWER to 47 Amended Complaint, by Luther Strange. (Davis, James) (Entered: 02/24/2015) |
03/02/2015 | 69 | MOTION for Extension of Time to File Response/Reply as to 47 Amended Complaint, by Don Davis. (Satterwhite, Harry) (Entered: 03/02/2015) |
03/03/2015 | 70 | Endorsed Order GRANTING Dft Davis' 69 Unopposed MOTION for Extension of Time to File Initial Responsive Pleading. Dft Davis is to file his initial responsive pleading no later than 4/3/2015. Signed by Judge Callie V. S. Granade on 3/3/2015. (tot) (Entered: 03/03/2015) |
03/05/2015 | 71 | MOTION to Stay re 55 Order on Motion for Permanent Injunction, by Don Davis. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (Satterwhite, Harry) (Entered: 03/05/2015) |
03/06/2015 | 72 | Order re: 71 MOTION to Stay 55 Order. Plfs are to file a response to the motion on or before 3/13/2015. Signed by Judge Callie V. S. Granade on 3/6/2015. (tot) (Entered: 03/06/2015) |
03/06/2015 | 73 | NOTICE of Appearance by Mark S. Boardman on behalf of Don Davis (Boardman, Mark) (Entered: 03/06/2015) |
03/06/2015 | 74 | NOTICE of Appearance by Clay Richard Carr on behalf of Don Davis (Carr, Clay) (Entered: 03/06/2015) |
03/06/2015 | 75 | NOTICE of Appearance by Teresa Bearden Petelos on behalf of Don Davis (Petelos, Teresa) (Entered: 03/06/2015) |
03/06/2015 | 76 | MOTION to Amend Complaint , MOTION to Certify Class , MOTION for Preliminary Injunction by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Exhibit A -- Proposed Second Amended Complaint, # 2 Exhibit B -- McCoy Declaration, # 3 Exhibit C -- Ogle Declaration, # 4 Exhibit D -- Ingram Declaration, # 5 Exhibit E -- Wright Declaration) (Marshall, Randall) (Entered: 03/06/2015) |
03/06/2015 | 77 | NOTICE of Filing Exhibits Notice of Filing Replacement Exhibits by Don Davis re: 71 MOTION to Stay re 55 Order on Motion for Permanent Injunction, (Attachments: # 1 Exhibit) (Satterwhite, Harry) (Entered: 03/06/2015) |
03/09/2015 | 78 | RESPONSE in Opposition re 76 MOTION to Amend Complaint MOTION to Certify Class MOTION for Preliminary Injunction filed by Luther Strange. (Strange, Luther) (Entered: 03/09/2015) |
03/09/2015 | 79 | MOTION for Ayesha N. Khan to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1709888, Online Credit Card Payment.) by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Attorney Admission Form, # 2 Certificate of Good Standing) (Khan, Ayesha) (Entered: 03/09/2015) |
03/10/2015 | 80 | ORDER re: 79 Motion to Appear Pro Hac Vice. Ayesha N. Khan is admitted pro hac vice as set out. Signed by Magistrate Judge William E. Cassady on 3/10/2015. (tot) (Entered: 03/10/2015) |
03/10/2015 | 81 | NOTICE by Luther Strange re 78 Response in Opposition to Motion Notice of Filing Materials in Support of His Opposition to Plaintiffs' Motion to Amend (Attachments: # 1 Exhibit 1 - Hard.76.Order dismissing Bentley, # 2 Exhibit 2 - Hard.77.Stay Order) (Davis, James) (Entered: 03/10/2015) |
03/12/2015 | 82 | Order re: 76 MOTION to Amend Complaint, MOTION to Certify Class & MOTION for Preliminary Injunction. Dft Don Davis is to file a response or objections to the motion on or before 3/17/2015. Signed by Judge Callie V. S. Granade on 3/12/2015. (tot) (Entered: 03/12/2015) |
03/13/2015 | 83 | RESPONSE in Opposition re 71 MOTION to Stay re 55 Order on Motion for Permanent Injunction, filed by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Exhibit 1) (Minter, Shannon) (Entered: 03/13/2015) |
03/13/2015 | 84 | MOTION for Zachary A. Dietert to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1712533, Online Credit Card Payment.) by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Attorney Admission Form, # 2 Certificates of Good Standing) (Dietert, Zachary) (Entered: 03/13/2015) |
03/13/2015 | 85 | Supplement to 71 MOTION to Stay by Don Davis. (Carr, Clay) Modified on 3/16/2015 (tot). (Entered: 03/13/2015) |
03/13/2015 | 86 | MOTION for Scott D. McCoy to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1712575, Online Credit Card Payment.) by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (Attachments: # 1 Exhibit A - Attorney Application for Admission to Practice Pro Hac Vice, # 2 Exhibit B - Certificate of Good Standing for Scott D. McCoy) (McCoy, Scott) (Entered: 03/13/2015) |
03/16/2015 | 87 | RESPONSE in Opposition to 85 Supplement to 71 MOTION to Stay filed by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (McCoy, Scott) Modified on 3/16/2015 (tot). (Entered: 03/16/2015) |
03/16/2015 | 88 | ORDER DENYING Judge Don Davis' 71 Motion to Stay Court's 2/12/15 Preliminary Injunction Order as set out. Signed by Judge Callie V. S. Granade on 3/16/2015. (tot) (Entered: 03/16/2015) |
03/17/2015 | 89 | Order re: Plfs' 76 MOTION to Amend Complaint, MOTION to Certify Class & MOTION for Preliminary Injunction. Dft Strange is to file a response to the motions to certify class & for preliminary injunction on or before 3/23/2015. Signed by Judge Callie V. S. Granade on 3/17/2015. (tot) (Entered: 03/17/2015) |
03/17/2015 | 90 | RESPONSE in Opposition re 76 MOTION to Amend Complaint MOTION to Certify Class MOTION for Preliminary Injunction filed by Don Davis. (Attachments: # 1 Exhibit Judge Davis's Correction to Certificate of Service) (Carr, Clay) (Entered: 03/17/2015) |
03/18/2015 | 91 | MOTION for Leave to File Excess Pages for Reply in Support of Plaintiffs' Motion for Leave to File Second Amended Complaint, Class Certification, and Preliminary Injunction by Anna Lisa Carmichael, John E. Humphrey, Meredith Miller, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser. (McCoy, Scott) (Entered: 03/18/2015) |
03/18/2015 | 92 | ORDER granting 76 Motion to Amend Complaint. Signed by Judge Callie V. S. Granade on 3/18/2015. copies to parties. (sdb) (Entered: 03/18/2015) |
03/19/2015 | 93 | ENDORSED ORDER granting Plfs' 91 Motion for Leave to File Over-Length Reply Memorandum on or before 3/25/15. Signed by Judge Callie V. S. Granade on 3/19/2015. (tot) (Entered: 03/19/2015) |
03/19/2015 | 94 | ORDER re: 84 Motion to Appear Pro Hac Vice. Zachary A. Dietert is admitted pro hac vice as set out. Signed by Magistrate Judge William E. Cassady on 3/19/2015. (tot) Modified on 3/19/2015 (tot). (Entered: 03/19/2015) |
03/19/2015 | 95 | AMENDED COMPLAINT against Don Davis, Luther Strange, Tim Russell, filed by James N. Strawser, Anna Lisa Carmichael, Kristy Simmons, Marshay Safford, Meredith Miller, Milton Persinger, Robert Povilat, John E. Humphrey, Albert Halloway Pigg III, Gary Wayne Wright II, Brandon Mabrey, Keith Ingram, Kristie Ogle, Jennifer Ogle. (Attachments: # 1 Proposed Summons) (Minter, Shannon) (Entered: 03/19/2015) |
03/20/2015 | 96 | Summons Issued as to Tim Russell. (NOTE TO COUNSEL: The Summons has been issued. Please print copies necessary for service.) (tot) (Entered: 03/20/2015) |
03/20/2015 | 97 | AFFIDAVIT of Service for Summons, Second Amended Complaint, other pending documents served on Baldwin County Probate Court Judge Tim Russell on March 20,2015, filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Marshall, Randall) (Entered: 03/20/2015) |
03/20/2015 | 98 | Order re: 86 MOTION for Scott D. McCoy to Appear Pro Hac Vice. Counselor McCor is admitted pro hac vice as set out. Mr. McCoy shall supplement his application with a certificate of good standing from one federal court in which has been admitted to practice by 4/3/2015. Signed by Magistrate Judge William E. Cassady on 3/20/2015. (tot) (Entered: 03/20/2015) |
03/23/2015 | 99 | RESPONSE in Opposition re 76 MOTION to Amend Complaint MOTION to Certify Class MOTION for Preliminary Injunction filed by Luther Strange. (Howell, Laura) (Entered: 03/23/2015) |
03/24/2015 | 100 | REPLY Brief filed by Plaintiffs Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II re: 76 MOTION to Amend Complaint MOTION to Certify Class MOTION for Preliminary Injunction filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Attachments: # 1 Exhibit A - Rhodes Declaration, # 2 Exhibit B - Proposed Order) (McCoy, Scott) (Entered: 03/24/2015) |
03/30/2015 | 101 | MOTION to Dismiss the Claims Against Him in the Second Amended Complaint by Luther Strange. (Davis, James) (Entered: 03/30/2015) |
04/03/2015 | 102 | MOTION for Extension of Time For Response To Second Amended Complaint by Don Davis. (Carr, Clay) (Entered: 04/03/2015) |
04/06/2015 | 103 | MOTION to Dismiss Second Amended Complaint (Doc. 95) by Don Davis. (Attachments: # 1 Appendix Appendix 1, Appendix 2, Appendix 3) (Carr, Clay) (Entered: 04/06/2015) |
04/08/2015 | 104 | RESPONSE TO ORDER re: 98 Order, Set Deadlines, Terminate Motions,,, by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (McCoy, Scott) (Entered: 04/08/2015) |
04/10/2015 | 105 | RESPONSE in Opposition re 101 MOTION to Dismiss the Claims Against Him in the Second Amended Complaint filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Marshall, Randall) (Entered: 04/10/2015) |
04/10/2015 | 106 | RESPONSE in Opposition re 103 MOTION to Dismiss Second Amended Complaint (Doc. 95) filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Attachments: # 1 Exhibit 1: April 6, 2015, e-mail from R. Marshall to H. Satterwhite) (Marshall, Randall) (Entered: 04/10/2015) |
04/10/2015 | 107 | NOTICE by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II re 76 MOTION to Amend Complaint MOTION to Certify Class MOTION for Preliminary Injunction , 100 Reply Brief,,, Alabama Department of Public Health statistics on marriages of same-sex couples (Marshall, Randall) (Entered: 04/10/2015) |
04/10/2015 | 108 | MOTION to Dismiss by Tim Russell. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Webb, Kendrick) (Entered: 04/10/2015) |
04/10/2015 | 109 | Brief filed by Tim Russell re 108 MOTION to Dismiss filed by Tim Russell. (Webb, Kendrick) (Entered: 04/10/2015) |
04/13/2015 | 110 | RESPONSE in Opposition re 108 MOTION to Dismiss filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Marshall, Randall) (Entered: 04/13/2015) |
04/23/2015 | 111 | ORDER DENYING 103 Motion to Dismiss filed by Dft Judge Don Davis & 108 Motion to Dismiss filed by Dft Judge Tim Russell as set out. Signed by Judge Callie V. S. Granade on 4/23/2015. (tot) (Entered: 04/24/2015) |
04/23/2015 | 112 | ORDER DENYING 101 Motion to Dismiss filed by Dft Luther Strange as set out. Signed by Judge Callie V. S. Granade on 4/24/2015. (tot) (Entered: 04/24/2015) |
05/07/2015 | 113 | ANSWER to 95 Amended Complaint, (Second Amended Complaint) by Luther Strange. (Davis, James) (Entered: 05/07/2015) |
05/07/2015 | 114 | MOTION to Alter, Amend or Vacate 111 Order denying Motion to Dismiss, filed by Tim Russell. (Webb, Kendrick) Modified on 5/7/2015 (mab). (Entered: 05/07/2015) |
05/07/2015 | 115 | ANSWER to 95 Amended Complaint, by Tim Russell. (Webb, Kendrick) (Entered: 05/07/2015) |
05/07/2015 | 116 | ANSWER to 95 Amended Complaint, by Don Davis. (Boardman, Mark) (Entered: 05/07/2015) |
05/08/2015 | 117 | ENDORSED ORDER, finding as MOOT 102 Judge Don Davis' Motion to Extend Deadline for Response to Second Amended Complaint. Signed by Judge Callie V. S. Granade on 5/8/2015. (mab) (Entered: 05/08/2015) |
05/08/2015 | 118 | RESPONSE in Opposition re 114 MOTION to Alter, Amend or Vacate 111 Order denying Motion to Dismiss filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Marshall, Randall) (Entered: 05/08/2015) |
05/13/2015 | 119 | MOTION for Leave to File Reply to Motion to Alter, Amend or Vacate by Tim Russell. (Attachments: # 1 Exhibit Reply) (Webb, Kendrick) (Entered: 05/13/2015) |
05/21/2015 | 120 | ENDORSED ORDER, GRANTING 119 Defendant Probate Judge Tim Russell's Motion for Leave to File a Reply to Plaintiffs' Response to His Motion to Alter, Amend, or Vacate. The clerk is directed to file the reply attached to the motion. Signed by Judge Callie V. S. Granade on 5/21/2015. (mab) (Entered: 05/21/2015) |
05/21/2015 | 121 | REPLY to 118 RESPONSE in Opposition to 114 MOTION to Alter, Amend or Vacate 111 Order denying Motion to Dismiss, filed by filed by Tim Russell; referred to Judge Granade (mab) (Entered: 05/21/2015) |
05/21/2015 | 122 | ORDER, GRANTING 76 Motion for class certification; GRANTING motion to certify a Plaintiff Class; APPOINTING Lead Plaintiffs and Plaintiff Class representatives; APPOINTING Co-Lead Counsel for Lead Plaintiffs and the Plaintiff Class; GRANTING motion to certify a Defendant Class; APPOINTING Lead Defendants and Defendant Class representative; and APPOINTING Co-Lead Counsel for Lead Defendants and the Defendant Class. Signed by Judge Callie V. S. Granade on 5/21/2015. (mab) (Entered: 05/21/2015) |
05/21/2015 | 123 | ORDER, GRANTING 76 Motion for Preliminary Injunction, and ENJOINING members of the Defendant Class from enforcing the Alabama law which prohibit or fail to recognize same-sex marriage; and STAYING preliminary injunction until the Supreme Court issues its ruling in Obergefell v. Hodges and related cases. Signed by Judge Callie V. S. Granade on 5/21/2015. (mab) (Entered: 05/21/2015) |
05/21/2015 | 124 | ORDER, DENYING the 114 motion of Judge Tim Russell to alter, amend or vacate. Signed by Judge Callie V. S. Granade on 5/21/2015. (mab) (Entered: 05/21/2015) |
05/22/2015 | 125 | CERTIFICATE of Counsel re 123 Order on Motion for Preliminary Injunction, Service of Orders on Defendant Class Members by Randall C. Marshall on behalf of All Plaintiffs (Attachments: # 1 Exhibit 1: List of Probate Judges, # 2 Exhibit 2: Certified Mail Receipts) (Marshall, Randall) (Entered: 05/22/2015) |
06/03/2015 | 126 | CERTIFICATE of Counsel re 125 Certificate of Counsel, 123 Order on Motion for Preliminary Injunction, Certified Mail Return Receipts by Randall C. Marshall on behalf of All Plaintiffs (Attachments: # 1 Exhibit 1: certified return receipts, # 2 Exhibit 2: Chilton, Lowndes and Wilcox counties) (Marshall, Randall) (Entered: 06/03/2015) |
06/04/2015 | 127 | NOTICE OF INTERLOCUTORY APPEAL by Tim Russell. ( Filing fee $505 receipt number 1128-1749503, Online Credit Card Payment) (Webb, Kendrick) (Entered: 06/04/2015) |
06/04/2015 | 128 | Appeal Instructions for Kendrick Webb, Esq., for Tim Russell, re: 127 Notice of Appeal - Interlocutory : The Civil Appeal Statement Form is available on the Internet at www.ca11.uscourts.gov. Transcript Information Form to be filed no later than 6/18/2015. (jal) (Entered: 06/04/2015) |
06/04/2015 | 129 | Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: 127 Notice of Appeal - Interlocutory, Other Appeals: 15-10313-A, 111 Order on Motion to Dismiss, 123 Order on Motion for Preliminary Injunction, 124 Order on Motion to Alter Judgment, Judge Appealed: Judge Granade, Court Reporter: Roy Isbell, Fee Paid: Paid (jal) (Entered: 06/04/2015) |
06/04/2015 | 130 | Motion to Withdraw as Class Representative and Class Counsel, by Don Davis. (Boardman, Mark) Modified on 6/8/2015 (mab). (Entered: 06/04/2015) |
06/08/2015 | 131 | Order, re: Motion to Withdraw as Class Representative and Class Counsel filed by Don Davis. Unless an objection is filed to motion by 6/15/2015, motion will be deemed granted without further order from the court. Signed by Judge Callie V. S. Granade on 6/8/2015. (mab) Modified on 6/8/2015 (mab). (Entered: 06/08/2015) |
06/08/2015 | 132 | NOTICE of Docketing Record on Appeal from USCA re 127 Notice of Appeal - Interlocutory filed by Tim Russell. USCA Case Number 15-12508-D (jal) (Entered: 06/10/2015) |
06/09/2015 | 133 | USCA NOTICE by James N. Strawser re 127 Notice of Appeal - Interlocutory, The appeal case numbers 15-12508 and Petition for Permission to Appeal 23(f) 15-90014 are held in abeyance pending the US Supreme Court's issuance of opinion in DeBoer v. Snyder, as further sets out. (jal) (Entered: 06/10/2015) |
06/09/2015 | 134 | CORRECTED USCA NOTICE to Reflect Additional Information as to Tim Russell re 133 Appeal 15-12508 and Petition for Permission to Appeal 23(f) 15-90014 are held in abeyance pending the US Supreme Court's issuance of an opinion in DeBoer v. Snyder, as further sets out. (Lead 14-14061-AA) (jal) (Entered: 06/10/2015) |
06/10/2015 | 135 | RESPONSE in Opposition re 130 MOTION to Withdraw Motion to Withdraw as Class Representative and Class Counsel filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Minter, Shannon) (Entered: 06/10/2015) |
06/15/2015 | 136 | MOTION for Leave to File A Reply by Don Davis. (Attachments: # 1 Exhibit Ex. A - Defendant Judge Don Davis's Reply to Plaintiffs' Opposition to Defendant Don Davis's Motion to Withdraw as Class Counsel) (Boardman, Mark) (Entered: 06/15/2015) |
06/16/2015 | 137 | CERTIFICATE of Counsel re 126 Certificate of Counsel, 125 Certificate of Counsel, 123 Order on Motion for Preliminary Injunction, by Randall C. Marshall on behalf of All Plaintiffs (Attachments: # 1 Exhibit 1: Return Receipts for Chilton, Lowndes, and Wilcox counties) (Marshall, Randall) (Entered: 06/16/2015) |
06/17/2015 | 138 | TRANSCRIPT INFORMATION FORM filed by Tim Russell re: 127 Notice of Appeal - Interlocutory. Court Reporter Roy Isbell. Email to Court Reporter Roy Isbell. (Webb, Kendrick) (Entered: 06/17/2015) |
06/17/2015 | 139 | TRANSCRIPT INFORMATION FORM filed by Tim Russell re: 127 Notice of Appeal - Interlocutory. Requesting transcripts for proceedings as follows: 2/12/15 Preliminary Injunction before Judge Granade, Court Reporter Roy Isbell. Email to Court Reporter Roy Isbell. (Webb, Kendrick) (Entered: 06/17/2015) |
06/17/2015 | 140 | ENDORSED ORDER, GRANTING 136 Motion for Leave to File a Reply, and directing clerk to docket the reply attached to the motion. Signed by Judge Callie V. S. Granade on 6/17/2015. (mab) (Entered: 06/17/2015) |
06/17/2015 | 141 | REPLY to Plaintiffs' 135 Opposition to Defendant Don Davis's 130 MOTION to Withdraw as Class Counsel, filed by Don Davis; referred to Judge Granade. (mab) (Entered: 06/17/2015) |
06/29/2015 | 142 | MOTION for Permanent Injunction , MOTION for Judgment as a Matter of Law by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Marshall, Randall) (Entered: 06/29/2015) |
06/29/2015 | 143 | Transcript Acknowledgment filed by Court Reporter Roy Isbell, re: 127 Notice of Appeal - Interlocutory, 138 Transcript Information Form, 139 Transcript Information Form, for proceedings as follows: 12/18/2014 & 2/12/2015 HEARINGS ON PRELIMINARY INJUNCTION before Judge Callie V. S. Granade, (Attachments: # 1 Supplement) (Isbell, Roy) (Entered: 06/29/2015) |
06/30/2015 | 146 | Order re: Plaintiffs' 142 MOTION for Permanent Injunction and Final Judgment. Any response in opposition to motion due by 7/7/2015. Signed by Judge Callie V. S. Granade on 6/30/2015. (mab) (Entered: 07/01/2015) |
07/01/2015 | 144 | MOTION to Clarify Preliminary Injunction Order, Doc. 123 by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Attachments: # 1 Exhibit 1: e-mail from Plaintiff Classs counsel and response from Ken Webb, # 2 Exhibit 2: memorandum from ACCA to probate court judges, # 3 Exhibit 3: Declaration of Jennifer Kenney) (Marshall, Randall) (Entered: 07/01/2015) |
07/01/2015 | 145 | ORDER, GRANTING 144 Motion for Clarification as set out in order. Signed by Judge Callie V. S. Granade on 7/1/2015. (mab) Modified on 7/1/2015 (mab). (Entered: 07/01/2015) |
07/02/2015 | 147 | Amended MOTION to Withdraw as Class Representative and Class Counsel, and Request for Expedited Hearing by Don Davis. (Carr, Clay) (Entered: 07/02/2015) |
07/06/2015 | 148 | Order re: 147 Amended Motion to Withdraw as Class Representative & Class Counsel & Request for Expedited Hearing filed by Judge Don Davis. Judge Davis's request for expedited hearing is DENIED. Responses to Judge Davis's Motion to Withdraw due on or before 7/13/2015. Signed by Judge Callie V. S. Granade on 7/6/2015. (tot) (Entered: 07/06/2015) |
07/07/2015 | 149 | RESPONSE in Opposition re 147 Amended MOTION to Withdraw MOTION for Hearing filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat. (Attachments: # 1 Exhibit 1: June 29 e-mail from Plaintiff Classs counsel and response from Ken Webb, # 2 Exhibit 2: response to same e-mail from Clay Carr, # 3 Exhibit 3: July 1 e-mail from Plaintiff Classs counsel and response from Ken Webb, # 4 Exhibit 4: response to same e-mail from Mark Boardman) (Marshall, Randall) (Entered: 07/07/2015) |
07/07/2015 | 150 | RESPONSE to Motion re: 142 MOTION for Permanent Injunction MOTION for Judgment as a Matter of Law filed by Luther Strange. (Davis, James) (Entered: 07/07/2015) |
07/07/2015 | 151 | RESPONSE in Opposition re 142 MOTION for Permanent Injunction MOTION for Judgment as a Matter of Law filed by Tim Russell. (Webb, Kendrick) (Entered: 07/07/2015) |
07/07/2015 | 152 | RESPONSE in Opposition re 142 MOTION for Permanent Injunction MOTION for Judgment as a Matter of Law filed by Don Davis. (Carr, Clay) (Entered: 07/07/2015) |
07/08/2015 | 153 | MOTION for Leave to File Reply Memorandum in Support of Motion for Permanent Injunction and Final Judgment by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Marshall, Randall) (Entered: 07/08/2015) |
07/08/2015 | 154 | ENDORSED ORDER, GRANTING Plaintiffs' 153 Motion for Leave to File Reply Memorandum in Support of Motion for Permanent Injunction and Final Judgment on or before July 17, 2015. Signed by Judge Callie V. S. Granade on 7/8/2015. (mab) (Entered: 07/08/2015) |
07/13/2015 | 155 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT for dates of 2/12/2015 HEARING ON MOTION FOR PRELIMINARY INJUNCTION before Judge Callie V. S. Granade, re: 127 Notice of Appeal - Interlocutory. Court Reporter Roy Isbell, Telephone number 251-690-3085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have twenty-one (21) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. Notice of Transcript Redaction to be filed by 8/3/2015. Redaction Request due 8/3/2015. Redacted Transcript Deadline set for 8/13/2015. Release of Transcript Restriction set for 10/12/2015. (Isbell, Roy) (Entered: 07/13/2015) |
07/13/2015 | 156 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT for date of 12/18/2014, HEARING ON MOTION FOR PRELIMINARY INJUNCTION before Judge Callie V. S. Granade, re: 127 Notice of Appeal - Interlocutory. Court Reporter Roy Isbell, Telephone number 251-690-3085. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE: The parties have twenty-one (21) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. Notice of Transcript Redaction to be filed by 8/3/2015. Redaction Request due 8/3/2015. Redacted Transcript Deadline set for 8/13/2015. Release of Transcript Restriction set for 10/12/2015. (Isbell, Roy) (Entered: 07/13/2015) |
07/13/2015 | 157 | MOTION for Ayesha N. Khan to Withdraw as Attorney by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Khan, Ayesha) (Entered: 07/13/2015) |
07/13/2015 | 158 | MOTION for Gregory M. Lipper to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1766431, Online Credit Card Payment.) by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Attachments: # 1 Attorney Admission Form, # 2 Certificate of Good Standing) (Lipper, Gregory) (Entered: 07/13/2015) |
07/14/2015 | 159 | REPLY Brief filed by Plaintiffs Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II re: 151 Response in Opposition to Motion, 150 Response to Motion, 142 MOTION for Permanent Injunction MOTION for Judgment as a Matter of Law , 152 Response in Opposition to Motion in further support of Motion for Permanent Injunction and for Judgment as a Matter of Law filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (McCoy, Scott) (Entered: 07/14/2015) |
07/15/2015 | 160 | ORDER, GRANTING 158 Motion for admission pro hac vice of Gregory M. Lipper. Signed by Magistrate Judge William E. Cassady on 7/15/2015. (mab) (Entered: 07/15/2015) |
07/16/2015 | 161 | ENDORSED ORDER granting 157 Motion to Withdraw as Attorney. Attorney Ayesha Khan terminated. Signed by Judge Callie V. S. Granade on 7/16/2015. (tot) (Entered: 07/16/2015) |
08/12/2015 | 162 | NOTICE by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II re 142 MOTION for Permanent Injunction MOTION for Judgment as a Matter of Law Supplemental Authority -- Eighth Circuit cases (Marshall, Randall) (Entered: 08/12/2015) |
08/20/2015 | 163 | ORDER, we construe Appellant's 7/14/15 Response to this Court's Order of 2/4/15 as a Voluntary Motion to Dismiss Appeal no. 15-10313 without prejudice. The Motion is Granted issued as MANDATE of USCA re: 31 Notice of Appeal - Interlocutory filed by Luther Strange, Mandate issued 8/20/15 ; USCA Case Number 15-10313-CC, (NOTE: USCA #15-12508 Strawser v. Tim Russell, Federal Question, PENDING.) (jal) (Entered: 09/02/2015) |
09/08/2015 | 164 | MOTION for Zachary A. Dietert to Withdraw as Attorney by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Dietert, Zachary) (Entered: 09/08/2015) |
09/09/2015 | 165 | ENDORSED ORDER, GRANTING 164 Motion of Zachary A. Dietert to Withdraw as Counsel. Signed by Judge Callie V. S. Granade on 9/9/2015. (mab) (Entered: 09/09/2015) |
10/02/2015 | 166 | MOTION to Dismiss (as Moot) by Luther Strange. (Howell, Laura) (Entered: 10/02/2015) |
10/19/2015 | 167 | RESPONSE in Opposition re 166 MOTION to Dismiss (as Moot) filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Marshall, Randall) (Entered: 10/19/2015) |
10/20/2015 | 168 | ORDER: Alabama Probate Judge Tim Russell appeals from the following three district court orders (1) the court's April 23, 2015 order denying Judge Russell's motion to dismiss; (2) the court's May 21, 2015 order denying Judge Russell's motion to alter or amend the order denying his motion to dismiss; and (3) the court's May 21, 2015 order granting a preliminary injunction that requires Alabama probate judges to issue marriage licenses to same-sex couples. To the extent that Judge Russell seeks review of the district court's April 23, 2015 order denying his motion to dismiss and the May 21, 2015 order denying his motion to alter or amend the order denying his motion to dismiss, this appeal is DISMISSED AS MOOT. In light of the record and Obergefell, the district court's May 21, 2015 order granting a preliminary injunction requiring the issuance of marriage licenses to same-sex couples is SUMMARILY AFFIRMED. See order for complete text. [7589079-2] (GBT, FMH and CRW) MANDATE of USCA re: 127 Notice of Appeal - Interlocutory filed by Tim Russell, Mandate issued 10/20/15 ; USCA Case Number 15-12508 (jal) (Entered: 10/21/2015) |
10/20/2015 | 169 | ORDER: Petitioners have failed to show that interlocutory review of the district court's order certifying the defendant class is warranted. Accordingly, their petition for a permissive appeal is hereby DENIED. [7489238-2] (GBT, FMH and CRW) MANDATE of USCA re: 127 Notice of Appeal - Interlocutory filed by Petitioners, Mandate issued 10/20/15 ; USCA Case Number 15-90014 (jal) (Entered: 10/21/2015) |
10/26/2015 | 170 | REPLY to Response to Motion 166 to Dismiss filed by Luther Strange. (Attachments: # 1 Exhibit A - Order of Dismissal (Aaron-Brush v. Bentley), # 2 Exhibit B - Order (Hard v. Strange, et al.)) (Davis, James) (Entered: 10/26/2015) |
01/07/2016 | 171 | NOTICE by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II re 142 MOTION for Permanent Injunction MOTION for Judgment as a Matter of Law Supplemental Authority -- January 6 Administrative Order (Attachments: # 1 Supplement Administrative Order) (Marshall, Randall) (Entered: 01/07/2016) |
01/15/2016 | 172 | ORDER of USCA as to 127 Notice of Appeal - Interlocutory filed by Tim Russell. Appellees' Motion to Transfer Consideration of Attorneys' fees on Appeal to the District Court is Granted. (15-12508, 15-90014), ref. Judge Granade. (jal) (Entered: 01/15/2016) |
02/19/2016 | 173 | NOTICE by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II re 142 MOTION for Permanent Injunction MOTION for Judgment as a Matter of Law Notice of Supplemental Authority (Marshall, Randall) (Entered: 02/19/2016) |
03/07/2016 | 174 | NOTICE by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II re 142 MOTION for Permanent Injunction MOTION for Judgment as a Matter of Law Notice of Supplemental Authority (Attachments: # 1 Exhibit 1: Order -- Ex parte State of Alabama ex rel. Alabama Policy Institute, # 2 Exhibit 2: Certificate of Judgment) (Marshall, Randall) (Entered: 03/07/2016) |
04/07/2016 | 175 | NOTICE by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II re 166 MOTION to Dismiss (as Moot), 142 MOTION for Permanent Injunction MOTION for Judgment as a Matter of Law Supplemental Authority (N.D. Fla.) (Attachments: # 1 Exhibit Ex. 1 Brenner v. Scott Order Granting Summary Judgment) (McCoy, Scott) (Entered: 04/07/2016) |
06/06/2016 | 176 | MOTION for Richard B. Katskee to Appear Pro Hac Vice ( Filing fee $ 50, Receipt number 1128-1908748, Online Credit Card Payment.) by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Katskee, Richard) (Entered: 06/06/2016) |
06/07/2016 | 177 | MOTION for Gregory M. Lipper to Withdraw as Attorney by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Lipper, Gregory) (Entered: 06/07/2016) |
06/07/2016 | 178 | ORDER re: 176 Motion for Richard B. Katskee to Appear Pro Hac Vice. Counselor Katskee is admitted pro hac vice as set out. Signed by Magistrate Judge William E. Cassady on 6/7/2016. (tot) (Entered: 06/08/2016) |
06/07/2016 | 179 | ORDER DENYING Judge Don Davis' 130 Motion to Withdraw as Class Representative & for his Counsel to Withdraw as Class Counsel as set out; DENYING Attorney General Strange's 166 Motion to Dismiss as set out; GRANTING Plfs' 142 Motion for Permanent Injunction & Final Judgment as set out. Final Judgment will be entered by separate order. Signed by Senior Judge Callie V. S. Granade on 6/7/2016. (tot) (Entered: 06/08/2016) |
06/07/2016 | 180 | JUDGMENT that Judge Don Davis, Judge Tim Russell & the members of the Dft Class are ENJOINED from enforcing Alabama laws that prohibit or fail to recognize same-sex marriage as set out. Signed by Senior Judge Callie V. S. Granade on 6/7/2016. (tot) (Entered: 06/08/2016) |
06/08/2016 | 181 | Endorsed Order GRANTING 177 MOTION for Gregory M. Lipper to Withdraw as Attorney. Attorney Gregory M. Lipper terminated. Signed by Senior Judge Callie V. S. Granade on 6/8/2016. (tot) (Entered: 06/08/2016) |
06/15/2016 | 182 | BILL OF COSTS by Keith Ingram, Albert Halloway Pigg III, James N. Strawser, Anna Lisa Carmichael, Brandon Mabrey, Kristy Simmons, Marshay Safford, Jennifer Ogle, Meredith Miller, Milton Persinger, Kristie Ogle, Gary Wayne Wright II, John E. Humphrey, Robert Povilat. (Attachments: # 1 Documentation of Costs) (Marshall, Randall) (Attachment 1 replaced on 6/15/2016) (tot). (Entered: 06/15/2016) |
06/15/2016 | 183 | MOTION to Alter Judgment by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Marshall, Randall) (Entered: 06/15/2016) |
06/16/2016 | 184 | Order re: 183 MOTION to Alter or Amend Judgment. Any response in opposition to the motion shall be filed no later than June 29, 2016. Reply due no later than July 6, 2016. Signed by Senior Judge Callie V. S. Granade on 6/16/2016. (mab) (Entered: 06/17/2016) |
06/29/2016 | 185 | RESPONSE to 182 Bill of Costs, filed by Luther Strange. (Davis, James) (Entered: 06/29/2016) |
06/29/2016 | 186 | RESPONSE in Opposition re 183 MOTION to Alter Judgment filed by Luther Strange. (Davis, James) (Entered: 06/29/2016) |
06/29/2016 | 187 | Objection re: 182 Bill of Costs, Defendants' Objection to Plaintiffs' Bill of Costs filed by Don Davis, Tim Russell. (Carr, Clay) (Entered: 06/29/2016) |
06/30/2016 | 188 | REPLY to 187 Objection, 185 Response, 182 Bill of Costs, filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Attachments: # 1 Exhibit 1: 28 U.S.C. § 1913, Schedule of Fees, # 2 Exhibit 2: 28 U.S.C. § 1914, Schedule of Fees) (Marshall, Randall) (Entered: 06/30/2016) |
06/30/2016 | 189 | REPLY to Response to Motion 183 filed by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Marshall, Randall) (Entered: 06/30/2016) |
08/02/2016 | 190 | Costs Taxed in amount of $ 126.60 against Luther Strange (Attachment: # 1 Taxation Letter) (mab) (Entered: 08/02/2016) |
08/03/2016 | 191 | MOTION for Taxation of Costs by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Marshall, Randall) (Entered: 08/03/2016) |
08/22/2016 | 192 | ORDER GRANTING Plfs' 183 Motion to Alter or Amend Judgment as set out. Amended Final Judgment will be entered by separate order. Signed by Senior Judge Callie V. S. Granade on 8/22/2016. (tot) (Entered: 08/22/2016) |
08/22/2016 | 193 | AMENDED FINAL JUDGMENT in favor of the named Plfs & Plf Class members. ALA. CONST. art. I, § 36.03 (2006) & ALA. CODE 1975 § 30-1-19 are unconstitutional as set out. The Attorney General for the State of Alabama, Judge Don Davis, Judge Tim Russell & the members of the Dft Class are ENJOINED from enforcing Alabama laws that prohibit or fail to recognize same-sex marriage as set out. Signed by Senior Judge Callie V. S. Granade on 8/22/2016. (tot) (Entered: 08/22/2016) |
08/23/2016 | 194 | ORDER GRANTING in part & DENYING in part Plfs' 191 Motion to Re-tax Costs. Plfs are awarded costs in the amount of $943.00 as set out. The motion is DENIED to the extent they sought to recover the costs of postage. Signed by Senior Judge Callie V. S. Granade on 8/23/2016. (tot) (Entered: 08/24/2016) |
08/26/2016 | 195 | MOTION for Extension of Time to File Motion for Attorneys' Fees & Expenses by Anna Lisa Carmichael, Albert Halloway Pigg III, John E. Humphrey, Keith Ingram, Brandon Mabrey, Meredith Miller, Jennifer Ogle, Kristie Ogle, Milton Persinger, Robert Povilat, Marshay Safford, Kristy Simmons, James N. Strawser, Gary Wayne Wright II. (Marshall, Randall) (Entered: 08/26/2016) |
08/29/2016 | 196 | ENDORSED ORDER, GRANTING 195 Motion for Extension of Time. The deadline for Plaintiffs to file their motion for attorney fees pursuant to Rule 54(d)(2) is extended to November 23, 2016. Signed by Senior Judge Callie V. S. Granade on 8/29/2016. (mab) (Entered: 08/29/2016) |
197 | ||
10/28/2016 | 198 | Endorsed Order GRANTING 197 Unopposed MOTION for Extension of Time to File Motion for Attorneys' Fees and Expenses. The deadline for Plaintiffs to file their motion for attorney fees pursuant to Rule 54(d)(2) is extended to 2/13/2017. Signed by Senior Judge Callie V. S. Granade on 10/28/2016. (tot) (Entered: 10/28/2016) |
01/18/2017 | 199 | Joint MOTION for Order/Judgment concerning Attorneys' Fees and Costs by Luther Strange. (Attachments: # 1 Text of Proposed Order) (Davis, James) (Entered: 01/18/2017) |
01/19/2017 | 200 | NOTICE of Endorsement by Keith Ingram, Albert Halloway Pigg III, James N. Strawser, Anna Lisa Carmichael, Brandon Mabrey, Kristy Simmons, Marshay Safford, Jennifer Ogle, Meredith Miller, Milton Persinger, Kristie Ogle, Gary Wayne Wright II, John E. Humphrey, Robert Povilat re: 199 Joint MOTION for Order/Judgment concerning Attorneys' Fees and Costs (Marshall, Randall) (Entered: 01/19/2017) |
01/20/2017 | 201 | ORDER ON COSTS & ATTORNEYS' FEES, parties' 199 Joint Motion for Order Concerning Attorneys' Fees & Costs is GRANTED as set out. Dfts, who are sued in their official capacity as officers of the State of Alabama, are to pay a total of $315,000.00 to Plfs' counsel, & such payment will satisfy all claims made by Plfs for attorneys' fees & costs, taxable & non-taxable, in this matter. Payment shall be made within 60 days of this Order. Signed by Senior Judge Callie V. S. Granade on 1/20/2017. (tot) (Entered: 01/20/2017) |