Case: Jernigan v. Crane

U.S. Court of Appeals for the Eighth Circuit

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF filed by Rita and Pam Jernigan, Becca and Tara Austin, and Randy and Gary Eddy-McCain against all defts. Fee of $ 400 paid. (RECEIPT #LIT040870). Summons issued and returned to counsel. (Attachments: # 1 Civil Cover Sheet).(vjt) (The document with redacted exhibits was substituted as the attachment for the main document on 7/15/2013 at the request of the filing party and pursuant to instructions from Chambesr.)(thd) (Entered: 07/15/2013)

NOTICE OF DOCKET CORRECTION re: 1 Complaint. CORRECTION: The main document with redacted Exhibits was substituted as the attachment for docket entry 1 based on the attached request and pursuant to instructions from Chambers. (thd) (Entered: 07/15/2013)

ORDER OF RECUSAL directing the Clerk to assign this action to another judge. Signed by Judge J. Leon Holmes on 7/18/2013. (kdr) (Entered: 07/18/2013)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) NOTICE OF REASSIGNMENT. Pursuant to 3 Order of Recusal, the Clerk's office has reassigned the case to Judge Kristine G. Baker. (plm) (Entered: 07/18/2013)

Summons Issued as to Larry Crane, Dustin McDaniel. (jap)

NOTICE of Appearance by Nga Mahfouz on behalf of Dustin McDaniel (Mahfouz, Nga) (Entered: 11/20/2013)

NOTICE of Appearance by David M. Fuqua on behalf of Larry Crane (Fuqua, David) (Entered: 11/21/2013)

ANSWER to 1 Complaint, with Motion to Dismiss on the Ground of Comity by Larry Crane.(Fuqua, David) (Entered: 11/21/2013)

BRIEF IN SUPPORT re 7 Answer to Complaint with Motion to Dismiss on the Ground of Comity filed by Larry Crane. (Fuqua, David) (Entered: 11/21/2013)

MOTION for Extension of Time to File Answer re 1 Complaint, by Dustin McDaniel (Mahfouz, Nga) (Entered: 12/02/2013)

ORDER granting 9 separate defendant Arkansas Attorney General Dustin McDaniel's motion for extension of time to respond to plaintiff's complaint. Defendant Attorney General McDaniel shall have until 1/6/2014, to file an answer to plaintiffs' complaint. Signed by Judge Kristine G. Baker on 12/2/2013. (kdr) (Entered: 12/02/2013)

MOTION for Extension of Time to File Answer by Mike Beebe, Dustin McDaniel (Mahfouz, Nga) (Entered: 01/06/2014)

ORDER granting 11 Motion for Extension of Time to Answer filed by Arkansas Attorney General Dustin McDaniel. If the motion to amend complaint is filed and denied, McDaniel shall have ten days from this Court's Order denying the motion to amend to file an answer or otherwise respond to plaintiffs original complaint. If the motion to amend is granted, he shall have the time permitted by the Federal Rules of Civil Procedure to answer or otherwise respond to the amended complaint. Signed by Judge Kristine G. Baker on 1/6/2014. (mcz) (Entered: 01/07/2014)

Unopposed MOTION to Amend/Correct Complaint by All Plaintiffs (Wagoner, Jack) (Entered: 01/07/2014)

NOTICE of Appearance by Sarah Cowan on behalf of All Plaintiffs (Cowan, Sarah) (Entered: 01/14/2014)

ORDER granting 13 Motion to Amend/Correct Complaint. Plaintiffs shall file an amended complaint on or before January 17, 2014. Signed by Judge Kristine G. Baker on 1/15/14. (kpr) (Entered: 01/15/2014)

AMENDED COMPLAINT against All Defendants, filed by Becca Austin, Rita Jernigan, Tara Austin, Pam Jernigan (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit)(Wagoner, Jack) (Entered: 01/17/2014)

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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by George Hopkins, Dustin McDaniel, Richard Weiss (Mahfouz, Nga) (Entered: 01/31/2014)

BRIEF IN SUPPORT re 17 Motion to Dismiss for Failure to State a Claim filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 01/31/2014)

ANSWER to 16 Amended Complaint, by Larry Crane.(Fuqua, David) (Entered: 01/31/2014)

Summons Issued as to George Hopkins, Richard Weiss. (jap) (Entered: 02/07/2014)

SUMMONS Returned Executed by Becca Austin, Rita Jernigan, Tara Austin, Pam Jernigan. George Hopkins served on 2/6/2014. (Wagoner, Jack) (Entered: 02/07/2014)

SUMMONS Returned Executed by Becca Austin, Rita Jernigan, Tara Austin, Pam Jernigan. Richard Weiss served on 2/6/2014. (Wagoner, Jack) (Entered: 02/07/2014)

RESPONSE in Opposition re 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by All Plaintiffs. (Wagoner, Jack) (Entered: 02/14/2014)

MOTION for Summary Judgment by All Plaintiffs (Attachments: # 1 Document Brief in Support, # 2 Document Statement of Undisputed Material Facts)(Mann, Angela) (Entered: 07/16/2014)

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BRIEF IN SUPPORT re 24 Motion for Summary Judgment filed by All Plaintiffs. (Mann, Angela) (Entered: 07/17/2014)

NOTICE of Appearance by Cheryl K. Maples on behalf of All Plaintiffs (Maples, Cheryl) (Entered: 07/25/2014)

RESPONSE to Motion re 24 MOTION for Summary Judgment filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 07/30/2014)

BRIEF IN SUPPORT re 27 Response to Motion FOR SUMMARY JUDGMENT filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 07/30/2014)

RESPONSE to Motion re 24 MOTION for Summary Judgment RESPONSE TO PLAINTIFFS' STATEMENT OF UNDISPUTED MATERIAL FACTS filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 07/30/2014)

MOTION to Stay by George Hopkins, Dustin McDaniel, Richard Weiss (Mahfouz, Nga) (Entered: 08/06/2014)

BRIEF IN SUPPORT re 30 Motion to Stay filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 08/06/2014)

RESPONSE to Motion re 30 MOTION to Stay filed by All Plaintiffs. (Mann, Angela) (Entered: 08/13/2014)

BRIEF IN SUPPORT re 32 Response to Motion filed by All Plaintiffs. (Mann, Angela) (Entered: 08/13/2014)

ORDER denying as moot 30 separate defendants' motion to stay. Signed by Judge Kristine G. Baker on 10/17/2014. (rhm) (Entered: 10/17/2014)

NOTICE of Hearing on Motion 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and 24 MOTION for Summary Judgment. Motion Hearing set for 11/20/2014 at 01:30 PM in Little Rock Courtroom #4C before Judge Kristine G. Baker.(tmw) (Entered: 10/20/2014)

NOTICE by All Plaintiffs re 24 MOTION for Summary Judgment, 25 Brief in Support (Mann, Angela) (Entered: 11/18/2014)

NOTICE by All Plaintiffs re 24 MOTION for Summary Judgment, 25 Brief in Support (Mann, Angela) (Entered: 11/19/2014)

NOTICE by All Plaintiffs (Mann, Angela) (Entered: 11/20/2014)

(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Kristine G. Baker: Motion Hearing held on 11/20/2014 re 24 MOTION for Summary Judgment filed by Plaintiffs, 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dustin McDaniel, Richard Weiss, George Hopkins. Present for the Plaintiffs J. Wagoner, A. Mann, C. Maples, and K. Pike; Present for the Defendants N. Mahfouz, D. Fuqua and J. Cordi. After arguments by the parties, the Court took the matter under advisement. A separate order will follow. (Court Reporter Elaine Hinson.) (tmw) (Entered: 11/20/2014)

OPINION AND ORDER granting in part and denying in part 17 Separate Defendants' motion to dismiss and 24 plaintiffs' motion for summary judgment; granting in part plaintiffs' request for declaratory and injunctive relief; and staying execution of the injunction pending the final disposition of any timely appeal to the Eighth Circuit Court of Appeals. Signed by Judge Kristine G. Baker on 11/25/2014. (rhm)

JUDGMENT entered consistent with the 40 Opinion and Order. Signed by Judge Kristine G. Baker on 11/25/2014. (thd)

MOTION to Extend Time by All Plaintiffs (Attachments: # 1 Supplement, # 2 Affidavit)(Maples, Cheryl) (Entered: 12/12/2014)

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MOTION for Attorney Fees by All Plaintiffs (Attachments: # 1 Supplement, # 2 Exhibit)(Maples, Cheryl) (Entered: 12/12/2014)

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RESPONSE in Opposition re 43 MOTION for Attorney Fees filed by Larry Crane. (Fuqua, David) (Entered: 12/22/2014)

BRIEF IN SUPPORT re 44 Response in Opposition to Motion filed by Larry Crane. (Fuqua, David) (Entered: 12/22/2014)

NOTICE OF APPEAL as to 40 Memorandum & Opinion,, Terminate Motions, 41 Judgment by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 12/23/2014)

RESPONSE to Motion re 43 MOTION for Attorney Fees filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Mahfouz, Nga) (Entered: 12/23/2014)

NOTIFICATION OF APPEAL and NOA SUPPLEMENT as to 46 Notice of Appeal filed by Rita and Pam Jernigan and Becca and Tara Austin re: 40 Memorandum & Opinion and 41 Judgment. NOTIFICATION TO COUNSEL: REQUEST FOR TRANSCRIPTS SHOULD BE FILED WITH THE DISTRICT COURT CLERK. (mcz) (Entered: 12/23/2014)

RESPONSE to Motion re 43 MOTION for Attorney Fees and Motion for Court to Set Fee Application Deadline Upon Completion of Pending Appeal filed by All Plaintiffs. (Mann, Angela) (Entered: 12/23/2014)

USCA Docketing Letter and Briefing Schedule as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss and George Hopkins. USCA Case Number 15-1022 (mcz) (Entered: 01/08/2015)

ORDER of USCA as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins. The appellant has failed to pay to the Clerk of the United States District Court the requisite docketing fees. Appellant is directing to show cause, within 14 days of the date of this order, why this appeal should not be dismissed for failure to prosecute. (mcz) (Entered: 01/26/2015)

USCA Appeal Fees received $ 505 paid, receipt number LIT049769 re 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins. (mcz) (Entered: 01/27/2015)

Emergency MOTION to Vacate Stay of Judgment by All Plaintiffs (Wagoner, Jack) (Entered: 02/18/2015)

BRIEF IN SUPPORT re 53 Motion to Vacate Stay of Judgment filed by All Plaintiffs. (Wagoner, Jack) (Entered: 02/18/2015)

Amended MOTION to Vacate Stay of Judgment by All Plaintiffs (Wagoner, Jack) (Entered: 02/20/2015)

BRIEF IN SUPPORT re 55 Motion to Vacate Stay of Judgment filed by All Plaintiffs. (Wagoner, Jack) (Entered: 02/20/2015)

ORDER directing defendants to respond to plaintiffs' expedited motion to vacate stay of judgment by Monday, 3/2/2015. Signed by Judge Kristine G. Baker on 2/24/2015. (ljb) (Entered: 02/24/2015)

RESPONSE to Motion re 55 Amended MOTION to Vacate Stay of Judgment filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Attachments: # 1 Exhibit 1. Order Setting Cases for Oral Argument, # 2 Exhibit 2. Order Denying Motion to Vacate)(Mahfouz, Nga) (Entered: 03/02/2015)

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ORDER denying 53 plaintiffs' expedited motion to vacate stay of judgment. Signed by Judge Kristine G. Baker on 03/04/2015. (rhm) (Entered: 03/04/2015)

AMENDED 59 ORDER denying Plaintiffs' 53 Expedited Motion to Vacate Stay of Judgment. Signed by Judge Kristine G. Baker on 3/4/2015. (mcz) Modified on 3/6/2015 to correct typographical error(mcz). (Docket entry modified on 3/6/2015 to correct the linkage, the file date, the signature date and the description of the document filed.) (thd). (Entered: 03/06/2015)

ORDER of USCA as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss and George Hopkins: On 3/4/2015, the appellants notified the court that the district court had entered an order declining to lift the stay in this matter. In light of this ruling, the appellants' motion for stay is dismissed as moot. (mcz) (Entered: 03/06/2015)

NOTICE OF DOCKET CORRECTION re: 60 Order. CORRECTION: The docket entry was modified to correct the file date and the signature date to 3/4/2015, as marked on the order. The entry was modified to correct the linkage and the description of the document filed as "AMENDED 59 ORDER denying Plaintiffs' 53 Expedited Motion to Vacate Stay of Judgment." (thd)

Transcript of Hearing on Motions filed for the date of November 20, 2014, before Judge Kristine G. Baker, re 46 Notice of Appeal. Court Reporter Elaine Hinson. Transcript may be viewed only at the public terminals in the Clerk's office. Copies of transcript are only available through the Official Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Request Redaction due 3/30/2015. Redaction Request due 4/10/2015. Redacted Transcript Deadline set for 4/20/2015. Release of Transcript Restriction set for 6/18/2015. (plm) (Entered: 03/20/2015)

Transmitted Record on Appeal to US Court of Appeals re 46 Notice of Appeal: Transcript of 11/20/2014 Hearing on Motions. (mcz) (Entered: 03/23/2015)

Letter from Clerk, USCA regarding Same Sex Marriage Oral Arguments scheduled for 5/12/2015 - Action requested. (mcz) (Docket text modified on 4/21/2015 to correct the description of the document filed.) (thd). (Entered: 04/21/2015)

NOTICE OF DOCKET CORRECTION re: 64 Letter. CORRECTION: The docket text was modified to correct the description of the document filed as "Letter from Clerk, USCA regarding Same Sex Marriage Oral Arguments." (thd)

ORDER of USCA as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins: On the court's own motion, oral arguments and any further consideration of these cases will be deferred pending the Supreme Court of the United States decisions in Nos. 14-556, 14-562, 14-571, and 14-574 James Obergefell, et al. v. Richard Hodges, etc., et al. (mcz) (Entered: 04/29/2015)

Letter from Clerk, USCA Requesting counsel to send a letter directly to the Clerk of the Court, Eighth Circuit Court of Appeals, by 7/8/2015, expressing their views concerning the steps the court should take to dispose of this appeal. (mcz) (Entered: 06/30/2015)

NOTICE of Appearance by Colin R. Jorgensen on behalf of George Hopkins, Dustin McDaniel, Richard Weiss (Jorgensen, Colin) (Entered: 07/09/2015)

OPINION of USCA as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins. (mcz) (Entered: 08/11/2015)

USCA JUDGMENT as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins: The judgment of the district court in this cause is affirmed in accordance with the opinion of this Court. Arkansas's motion to vacate the district court's order is denied. (mcz) (Entered: 08/11/2015)

MOTION to Lift Stay by All Plaintiffs (Wagoner, Jack) (Entered: 08/14/2015)

MOTION for Attorney Fees by All Plaintiffs (Wagoner, Jack) (Entered: 08/25/2015)

MANDATE of USCA in accordance with the opinion and judgment of 08/11/2015, as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins. (mcz) (Entered: 09/02/2015)

RESPONSE in Opposition re 71 MOTION for Attorney Fees filed by Larry Crane. (Attachments: # 1 Exhibit Order Dismissing Appeal in Arkansas Supreme Court)(Fuqua, David) (Entered: 09/03/2015)

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RESPONSE in Opposition re 71 MOTION for Attorney Fees filed by George Hopkins, Dustin McDaniel, Richard Weiss. (Jorgensen, Colin) (Entered: 09/04/2015)

MOTION for Extension of Time to File Response/Reply by All Plaintiffs (Wagoner, Jack) (Entered: 09/11/2015)

REPLY to Response to Motion re 43 MOTION for Attorney Fees filed by All Plaintiffs. (Maples, Cheryl) (Entered: 09/14/2015)

ORDER granting 75 Motion for Extension of Time. Plaintiff's shall have until September 15, 2015, to file a reply in support of their motion for attorney's fees. Signed by Judge Kristine G. Baker on 9/14/2015. (jak) (Entered: 09/14/2015)

ORDER granting 70 plaintiffs' motion to lift the stay. The Court hereby vacates or lifts the stay of the injunctive relief granted in the Court's November 25, 2014, Opinion and Order and Judgment 40 and 41 . Signed by Judge Kristine G. Baker on 9/14/2015. (ljb)

ORDER of USCA as to 46 Notice of Appeal filed by Dustin McDaniel, Richard Weiss, and George Hopkins: Appellees are granted attorneys' fees in the amount of $7,463.75 to be recovered from the appellants as attorneys' fees on appeal. (mcz) (Entered: 09/15/2015)

REPLY to Response to Motion re 75 MOTION for Extension of Time to File Response/Reply filed by All Plaintiffs. (Wagoner, Jack) (Entered: 09/15/2015)

MOTION to Strike 80 Reply to Response to Motion by All Plaintiffs (Attachments: # 1 Exhibit)(Maples, Cheryl) (Entered: 09/23/2015)

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RESPONSE to Motion re 81 MOTION to Strike 80 Reply to Response to Motion filed by All Plaintiffs. (Wagoner, Jack) (Entered: 10/07/2015)

ORDER finding that plaintiffs' counsel are entitled to attorneys' fees and costs as the prevailing party in this case. The Court has calculated and modified the lodestar amount for Ms. Maples and Mr. Wagoner's requests. The Court finds that Ms. Maples is entitled to a fee award of $1,590.00. The Court denies her requests for costs. The Court awards Mr. Wagoner, Ms. Mann, Mr. Kemp, Mr. Pike, and Ms. Cowan a combined $18,360.00. Both fee awards are solely against the State, not Mr. Crane. The Court denies all remaining motions. Signed by Judge Kristine G. Baker on 12/04/2015. (rhm) (Entered: 12/04/2015)