Case: Cowger v. United States

1:14-cv-00335 | U.S. District Court for the Northern District of Ohio

Filed Date: Feb. 18, 2014

Closed Date: 2014

Clearinghouse coding complete

Case Summary

On February 18, 2014, a same-sex couple in the state of Ohio, represented by private counsel, filed a complaint in the U.S. District Court of the Northern District of Ohio. The same day, the plaintiffs filed a motion to seal the complaint, which the Court (Judge Christopher A. Boyko) granted the next day.

Though same-sex marriage is not legal in Ohio, the plaintiffs were married in New York and have an adopted daughter. They claimed that Ohio's lack of recognition for their marriage violated their constitutional rights, and also prevented them from qualifying for family coverage under the Affordable Care Act.

The plaintiffs filed a notice of dismissal on March 28, 2014, after they were able to obtain a single family insurance policy. The dismissal was granted by Judge Christopher A. Boyko on March 31, 2014.

Summary Authors

Megan Dolan (8/12/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13090928/parties/cowger-jr-v-united-states-of-america/


Judge(s)

Boyko, Christopher A. (Ohio)

Attorney for Plaintiff

Cowger, Alfred R. jR. (Ohio)

Gerhardstein, Alphonse A. (Ohio)

Martin, Jacklyn Gonzalez (Ohio)

Attorney for Defendant

Coontz, Bridget C (Ohio)

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Documents in the Clearinghouse

Document

1:14-cv-00335

Docket [PACER]

Cowger v. United States

March 31, 2014

March 31, 2014

Docket

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13090928/cowger-jr-v-united-states-of-america/

Last updated Jan. 26, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

SEALED Complaint against All Defendants. Filing fee paid $ 400, Receipt number 0647-6408286. Filed by Alfred R Cowger, Jr, & Anthony J. Wesley, Jr. (Attachments: # 1 Civil Cvr Sheet, # 2 U.S. Marshal Form Marshall for Kasich, # 3 U.S. Marshal Form Marshall for St of Ohio, # 4 U.S. Marshal Form Marshall for Taylor, # 5 U.S. Marshal Form Marshall for USA) (Cowger, Alfred) Modified on 2/20/2014 to note sealed per 5 order (P,G). (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER

Judge Christopher A. Boyko assigned to case. (C,BA)

Feb. 18, 2014

Feb. 18, 2014

PACER

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge McHargh. (C,BA)

Feb. 18, 2014

Feb. 18, 2014

PACER
2

Magistrate Consent Form issued. No summons provided, no summons issued. (C,BA) (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
3

Praecipe for issuance of Original Summons . filed by All Plaintiffs. (Attachments: # 1 Summons Summons--Kasich, # 2 Summons Summons--Ohio, # 3 Summons Summons--Taylor, # 4 Summons Summons--USA)(Cowger, Alfred) (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
4

Motion to seal 1 Complaint filed by Alfred R Cowger, Jr, Anthony J. Wesley, Jr. (Cowger, Alfred) Modified text and created link on 2/20/2014 (P,G). (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

PACER
5

Marginal Entry Order granting Plaintiffs' 4 Motion to Seal 1 Complaint and file redacted Complaint. Judge Christopher A. Boyko on 2/19/2014.(H,CM) (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

PACER
6

Complaint(redacted) against All Defendants. Filed by Alfred R Cowger, Jr, Anthony J. Wesley, Jr. (Cowger, Alfred) Modified on 2/20/2014 to note redacted complaint (P,G). (Entered: 02/19/2014)

Feb. 19, 2014

Feb. 19, 2014

PACER
7

Original Summons issued to counsel for service upon Defendants. (P,G) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

PACER

Remark by Clerk re Service Upon U.S. Government Defendant. If a U.S. Government agency or officer is sued, you must provide summons for the U.S. Attorney General (Department of Justice, Washington, D.C. 20044) Related document(s) 7, 3 . (P,G)

Feb. 20, 2014

Feb. 20, 2014

PACER
8

Praecipe for issuance of Original Summons on US Attorney General. filed by All Plaintiffs. (Attachments: # 1 Summons for USA AG)(Cowger, Alfred) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

PACER
9

Original Summons issued to counsel for service upon United States of America, c/o U.S. Attorney General. (P,G) (Entered: 02/21/2014)

Feb. 21, 2014

Feb. 21, 2014

PACER

Service by Clerk. Summons and Complaint addressed to John R Kasich, Receipt # 7011 3500 0002 8929 4832; State of Ohio, Receipt # 7011 3500 0002 8929 4801; Mary Taylor, Receipt # 7011 3500 0002 8929 4818; United States of America c/o US Attorney General, Receipt # 7011 3500 0002 8929 4795 and US Attorney, Receipt # 7011 3500 0002 8929 4825. placed in U.S. Mail. Type of service: certified mail mail. (S,R)

Feb. 24, 2014

Feb. 24, 2014

PACER
10

Return of Service by Clerk by certified mail executed upon Mary Taylor on 2/26/2014, filed on behalf of All Plaintiffs Related document(s) 7 . (C,KA) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

PACER
11

Return of Service by Clerk by certified mail executed upon John R Kasich on 2/26/2014, filed on behalf of Alfred R Cowger, Jr; Anthony J. Wesley, Jr. Related document(s) 7 . (K,K) (Entered: 03/04/2014)

March 4, 2014

March 4, 2014

PACER
12

Return of Service by Clerk by certified mail executed upon United States of America via the US Attorney for the Northern District of Ohio on 2/26/2014 filed on behalf of Alfred R Cowger, Jr; Anthony J. Wesley, Jr. Related document(s) 7 (K,K) (Entered: 03/04/2014)

March 4, 2014

March 4, 2014

PACER
13

Return of Service by Clerk by certified mail executed upon State of Ohio on 2/27/2014, filed on behalf of Alfred R Cowger, Jr; Anthony J. Wesley, Jr. Related document(s) 7 . (K,K) (Entered: 03/04/2014)

March 4, 2014

March 4, 2014

PACER
14

Return of Service by Clerk by certified mail executed upon U.S. Attorney General on 3/5/2014 filed on behalf of Alfred R Cowger, Jr; Anthony J. Wesley, Jr. Related document(s) 9 . (K,K) (Entered: 03/11/2014)

March 11, 2014

March 11, 2014

PACER
15

Motion to dismiss for failure to state a claim filed by John R Kasich, State of Ohio, Mary Taylor. (Attachments: # 1 Appendix HHS 3-14-14 Guidance Document, # 2 Appendix I.R.C., # 3 Appendix HHS 9-27-13 Guidance Document)(Pierce, Sarah) (Entered: 03/17/2014)

March 17, 2014

March 17, 2014

PACER
16

Attorney Appearance by Lisa A. Olson filed by on behalf of United States of America. (Olson, Lisa) (Entered: 03/19/2014)

March 19, 2014

March 19, 2014

PACER
17

Attorney Appearance by Jacklyn Gonzales Martin filed by on behalf of All Plaintiffs. (Martin, Jacklyn) (Entered: 03/20/2014)

March 20, 2014

March 20, 2014

PACER
18

Attorney Appearance by Alphonse A. Gerhardstein filed by on behalf of All Plaintiffs. (Gerhardstein, Alphonse) (Entered: 03/20/2014)

March 20, 2014

March 20, 2014

PACER
19

Attorney Appearance by David Augustin Ruiz filed by on behalf of United States of America. (Ruiz, David) (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER
20

Notice of Dismissal Under FRCP 41(a)(1) filed by All Plaintiffs. (Gerhardstein, Alphonse) (Entered: 03/28/2014)

March 28, 2014

March 28, 2014

PACER
21

Marginal Order granting Plaintiffs' Notice of Dismissal (Related doc # 20 ). Judge Christopher A. Boyko on 3/31/2014. (H,CM) (Entered: 03/31/2014)

March 31, 2014

March 31, 2014

PACER

Case Details

State / Territory: Ohio

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Same-Sex Marriage

Key Dates

Filing Date: Feb. 18, 2014

Closing Date: 2014

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs were a same-sex couple residing in Ohio claimed that their constitutional rights were violated by Ohio's lack of recognition for their marriage, which also prevented them from qualifying for family coverage under the Affordable Care Act.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States of America, Federal

State of Ohio, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Due Process

Equal Protection

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General:

Marriage

Public benefits (includes, e.g., in-state tuition, govt. jobs)

LGBTQ+:

LGBTQ+

Discrimination-basis:

Sex discrimination

Sexual orientation

Affected Sex or Gender:

Female

Male