Case: Hamby v. Parnell

3:14-cv-00089 | U.S. District Court for the District of Alaska

Filed Date: May 12, 2014

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On May 12, 2014, five same-sex couples living in Alaska filed this lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Alaska, against the state of Alaska. The plaintiffs, represented by private counsel, asked the court to declare Alaska's same-sex marriage ban unconstitutional, to recognize valid marriages carried out in other states, and to enjoin the enforcement of the marriage ban. In their complaint, the plaintiffs claimed that Alaska's ban on same-sex marriage vi…

On May 12, 2014, five same-sex couples living in Alaska filed this lawsuit under 42 U.S.C. § 1983 in the U.S. District Court for the District of Alaska, against the state of Alaska. The plaintiffs, represented by private counsel, asked the court to declare Alaska's same-sex marriage ban unconstitutional, to recognize valid marriages carried out in other states, and to enjoin the enforcement of the marriage ban.

In their complaint, the plaintiffs claimed that Alaska's ban on same-sex marriage violated their rights under the Fourteenth Amendment's Due Process and Equal Protection Clauses. They also claimed that the inability to enter into marriage with their chosen spouse interfered with their procurement of benefits and formation of their families.

The original judge presiding over the case, H. Russell Holland, recused himself on May 21, 2014. The case was then reassigned to Judge Timothy M. Burgess. On October 12, 2014, Judge Burgess granted the plaintiffs' Motion for Summary Judgment, declaring Alaska's same-sex marriage laws unconstitutional for violating the Due Process and Equal Protection clauses of the Constitution and enjoining enforcement of any laws that prohibit same-sex couples from marrying or deny recognition of lawful same-sex marriages from other states. 56 F.Supp.3d 1056.

On October 14, 2014, the defendants appealed to the United States Court of Appeals for the Ninth Circuit. On October 15, 2014, the Court of Appeals granted a temporary stay of the District Court's judgment until midnight on October 17, allowing appellants to seek a stay from the Supreme Court of the United States. On October 17, 2014, the Supreme Court denied the application for stay, dissolving the temporary stay granted by the Court of Appeals.

On February 27, 2015, the Ninth Circuit granted the plaintiffs' (opposed) motion to stay the appeal pending the U.S. Supreme Court's decision in Obergefell v. Hodges. The proceedings were stayed until 14 days after the decision issued in Obergefell .

On April 15, 2015, the district court granted plaintiffs’ motion for reasonable attorneys’ fees and expenses through to October 2014 in the amount of $127,720.90. Two of plaintiffs’ counsel filed a motion for reconsideration of the April 15 order on May 13, 2015. On July 1, 2015, the Ninth Circuit dismissed the appeal, with the costs allocated pursuant to the stipulation. On September 2015, the district court held that the motion for reconsideration failed to provide any justification warranting the use of the ‘extraordinary remedy’. Since then, there has been no further action in this case.

Summary Authors

Megan Dolan (6/27/2014)

Claire Lally (2/9/2015)

David Hamstra (3/22/2015)

Dawn Lui (12/4/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4121866/parties/hamby-v-parnell/


Judge(s)

Burgess, Timothy Mark (Alaska)

Holland, Hezekiah Russel (Alaska)

Attorney for Plaintiff

Gardner, Heather Leigh (Alaska)

Attorney for Defendant
Expert/Monitor/Master/Other

Decker, Joshua A. (Alaska)

Goad, Amanda C. (California)

Documents in the Clearinghouse

Documents in this case

3:14-cv-00089

Docket [PACER]

Sept. 2, 2015

Sept. 2, 2015

Docket
1

3:14-cv-00089

Complaint for Declaratory and Injunctive Relief

May 12, 2014

May 12, 2014

Complaint
3

3:14-cv-00089

Notice of Recusal

May 21, 2014

May 21, 2014

Order/Opinion
38

3:14-cv-00089

ORDER

Oct. 12, 2014

Oct. 12, 2014

Order/Opinion

56 F.Supp.3d 1056

43

3:14-cv-00089

Judgment in a Civil Case

Hamby V. Parnell

Oct. 14, 2014

Oct. 14, 2014

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4121866/hamby-v-parnell/

Last updated Aug. 21, 2026, 5:39 a.m.

Docket for: Hamby v. Parnell
ECF Number Date Description Link
1 May 12, 2014

COMPLAINT against All Defendants (Filing fee $ 400.), filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet)(Mendel, Allison) Modified on 5/13/2014 to add filers(PXS, COURT STAFF). (Entered: 05/12/2014)

1 Civil Cover Sheet

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2 May 13, 2014

Unissued summons re Defendant Parnell, (Attachments: # 1 Unissued Summons re Defendant Geraghty, # 2 Unissued Summons re Defendant Mitchell, # 3 Unissued Summons re Defendant Streur)(TYM, COURT STAFF) (Entered: 05/13/2014)

1 Unissued Summons re Defendant Geraghty

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2 Unissued Summons re Defendant Mitchell

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3 Unissued Summons re Defendant Streur

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3 May 20, 2014

NOTICE: Upon Order of the Chief Judge, this case shall be referred to the Clerk's Office for random reassignment. (Jan, Chambers Staff) (Entered: 05/20/2014)

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4 May 21, 2014

ORDER OF RECUSAL. Judge H. Russel Holland recused. The clerk of court is directed to reassign this case to another district judge by random draw. Signed by Judge H. Russel Holland on 5/21/14. (CLW, COURT STAFF) (Entered: 05/21/2014)

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5 June 4, 2014

CERTIFICATE OF SERVICE by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese on all Defendants (Attachments: # 1 Exhibit Attachment 1 to Proof of Service)(Mendel, Allison) (Entered: 06/04/2014)

1 Exhibit Attachment 1 to Proof of Service

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6 June 19, 2014

ANSWER to 1 Complaint by All Defendants.(Milks, William) (Entered: 06/19/2014)

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7 June 20, 2014

INITIAL CASE STATUS REPORT/CASE SCHEDULING AND PLANNING ORDER: Counsel for plaintiff shall serve and file the Rule 26 Meeting Report within 28 days from service of order. (PXS, COURT STAFF) (Entered: 06/20/2014)

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8 June 27, 2014

ORDER Setting Scheduling Conference: There will be a scheduling and planning hearing on Tuesday, July 22, 2014 at 12:00 p.m. before Judge Timothy M. Burgess. (SRL, CHAMBERS STAFF) (Entered: 06/27/2014)

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9 July 17, 2014

MOTION for Leave to Appear Telephonically by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur.(Wakley, Kevin) (Entered: 07/17/2014)

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10 July 18, 2014

TMB TEXT ORDER GRANTING 9 Motion for Leave to Appear Telephonically. IT IS HEREBY ORDERED that Mr. Wakley is permitted to appear telephonically at the status conference on July 22, 2014 at 12:00 PM. Mr. Wakley is directed to call (907) 677-6225 to participate. (SRL, CHAMBERS STAFF) (Entered: 07/18/2014)

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11 July 18, 2014

STATUS REPORT Joint Planning and Scheduling Report by Matthew Hamby. (Mendel, Allison) (Entered: 07/18/2014)

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12 July 22, 2014

Minute Entry for proceedings held before Judge Timothy M. Burgess: Scheduling and Planning Conference held on 7/22/2014. Court ordered Plaintiffs to file Motion for Summary Judgment by 8/22/2014; Responses due by 9/19/2014; Replies due by 9/26/2014. Oral Argument re Motion for Summary Judgment set for 10/10/2014 at 1:00 PM in Anchorage Courtroom 1 before Timothy M. Burgess. Court ordered parties to file Revised Joint Planning and Scheduling Report by 7/30/2014. cc: USM, USPO. (NXL, COURT STAFF) (Entered: 07/22/2014)

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13 July 30, 2014

REPORT of Rule 26(f) Planning Meeting. (Mendel, Allison) (Entered: 07/30/2014)

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14 Aug. 20, 2014

MOTION for Extension of Time to File UNOPPOSED Motion for Extension of Time to file Plaintiffs' Motion for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Attachments: # 1 Proposed Order Proposed Order on Plaintiffs' Unopposed Motion for Extension of Time to File Motion for Summary Judgment)(Mendel, Allison) (Entered: 08/20/2014)

1 Proposed Order Proposed Order on Plaintiffs' Unopposed Motion for Extension

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15 Aug. 20, 2014

AFFIDAVIT of Allison Mendel re 14 MOTION for Extension of Time to File UNOPPOSED Motion for Extension of Time to file Plaintiffs' Motion for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/20/2014)

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16 Aug. 21, 2014

TMB ORDER granting 14 Motion for Extension of Time; Plaintiffs' Motion for Summary Judgment is now due no later than August 29, 2014. (RMC, COURT STAFF) (Entered: 08/21/2014)

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17 Aug. 22, 2014

ORDER; Defendants response due 9/26/14, Plaintiffs reply due 10/3/14. Oral argument will take place at 1:00 p.m. on 10/10/14 in Anchorage Courtroom 1.. Signed by Judge Timothy M. Burgess on 8/22/14. (RMC, COURT STAFF) (Entered: 08/22/2014)

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18 Aug. 29, 2014

MOTION for Leave to File Amici Curiae Brief (Unopposed) by American Civil Liberties Union of Alaska, National Association for the Advancement of Colored People, Anchorage Branch. (Attachments: # 1 Exhibit Amici Curiae Brief of the American Civil Liberties Union of Alaska and the National Association for the Advancement of Colored People, Anchorage Branch, # 2 Appendix A to Amici Curiae Brief of the American Civil Liberties Union of Alaska and the National Association for the Advancement of Colored People, Anchorage Branch, # 3 Proposed Order)(Decker, Joshua) (Entered: 08/29/2014)

1 Exhibit Amici Curiae Brief of the American Civil Liberties Union of Alaska and t

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2 Appendix A to Amici Curiae Brief of the American Civil Liberties Union of Alaska

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3 Proposed Order

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19 Aug. 29, 2014

MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Amanda Goad by American Civil Liberties Union of Alaska, National Association for the Advancement of Colored People, Anchorage Branch.(Decker, Joshua) (Entered: 08/29/2014)

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20 Aug. 29, 2014

MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Attachments: # 1 Proposed Order)(Mendel, Allison) (Entered: 08/29/2014)

1 Proposed Order

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21 Aug. 29, 2014

DECLARATION of Matthew Hamby re 20 MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/29/2014)

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22 Aug. 29, 2014

DECLARATION of Christopher Shelden re 20 MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/29/2014)

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23 Aug. 29, 2014

DECLARATION of Sean Egan re 20 MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/29/2014)

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24 Aug. 29, 2014

DECLARATION of Stephanie Pearson re 20 MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/29/2014)

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25 Aug. 29, 2014

DECLARATION of Susan Tow re 20 MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/29/2014)

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26 Aug. 29, 2014

DECLARATION of Tracey Wiese re 20 MOTION for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 08/29/2014)

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27 Aug. 29, 2014

ADDITIONAL RELATED DOCUMENT Attachment 1 to Plaintiffs' Rule 56 Motion for Summary Judgment by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese re 20 MOTION for Summary Judgment . (Mendel, Allison) (Entered: 08/29/2014)

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28 Aug. 29, 2014

Receipt of $150.00 non-resident attorney payment for Amanda Goad as to Amici Curiae American Civil Liberties Union of Alaska and National Association for the Advancement of Colored People, Anchorage Branch. re 19 MOTION for Leave to Appear as Pro Hac Vice (Non-Resident ) Attorney Amanda Goad (PXS, COURT STAFF) (Entered: 09/02/2014)

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29 Sept. 2, 2014

CLERK'S NOTICE re 19 Application to Appear Pro Hac Vice. The Application to Appear Pro Hac Vice by Amanda Goad, at docket 19, is authorized under D.Ak. LR 83.1(d). (PXS, COURT STAFF) (Entered: 09/02/2014)

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30 Sept. 5, 2014

ORDER GRANTING 18 Motion for Leave to File Amici Curiae Brief. Signed by Judge Timothy M. Burgess on 9/5/14. (SRL, CHAMBERS STAFF) (Entered: 09/05/2014)

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31 Sept. 26, 2014

RESPONSE in Opposition re 20 MOTION for Summary Judgment filed by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur. (Wakley, Kevin) (Entered: 09/26/2014)

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32 Oct. 3, 2014

REPLY to Response to Motion re 20 MOTION for Summary Judgment filed by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 10/03/2014)

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33 Oct. 3, 2014

ERRATA And Filing of Corrected Reply by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese 32 Reply to Response to Motion, filed by Katrina Cortez, Christina Laborde, Stephanie Pearson, Susan Tow, Matthew Hamby, Tracey Wiese, Christopher Shelden, Courtney Lamb, David Robinson, Sean Egan. (Attachments: # 1 Supplement Corrected Reply)(Gardner, Heather) Modified on 10/6/2014 to create relationship to document #20 (PXS, COURT STAFF). (Entered: 10/03/2014)

1 Supplement Corrected Reply

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34 Oct. 6, 2014

CERTIFICATE OF SERVICE by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese re 33 Errata,, And Filing of Corrected Reply (Gardner, Heather) (Entered: 10/06/2014)

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35 Oct. 7, 2014

TMB TEXT ORDER RE Oral Argument: Oral Argument set for Friday, October 10, 2014 at 01:00 PM in Anchorage Courtroom 1 before Judge Timothy M. Burgess will be broadcast live in both Juneau and Fairbanks courtrooms. (SRL, CHAMBERS STAFF) (Entered: 10/07/2014)

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36 Oct. 8, 2014

ORDER Regarding Oral Argument set for October 10, 2014. Signed by Judge Timothy M. Burgess on 10/8/14. (SRL, CHAMBERS STAFF) (Entered: 10/08/2014)

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37 Oct. 10, 2014

Minute Entry for proceedings held before Judge Timothy M. Burgess: Hearing on Motion for Summary Judgment 20 held on 10/10/2014. Matter taken UNDER ADVISEMENT, written ruling to issue. (DJE, COURT STAFF) (Entered: 10/10/2014)

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38 Oct. 12, 2014

ORDER granting 20 Motion for Summary Judgment. Signed by Judge Timothy M. Burgess on 10/12/14. (Burgess, Timothy)

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39 Oct. 13, 2014

NOTICE OF APPEAL by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur. Filing fee $ 505, receipt number 097--1827646. (Milks, William) Modified on 10/14/2014 to create relationships to documents #38 and #43. (PRR, COURT STAFF). (Entered: 10/13/2014)

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40 Oct. 13, 2014

MOTION to Stay Pending Appeal (Emergency) by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur.(Milks, William) (Entered: 10/13/2014)

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41 Oct. 14, 2014

USCA Case Number 14-35856 for 39 Notice of Appeal filed by Michael Geraghty, Sean C. Parnell, William J. Streur, Phillip Mitchell. (Attachments: # 1 USCA Opening Packet, # 2 USCA Mediation Letter, # 3 USCA Mediation Questionnaire)(BJK, COURT STAFF) (Entered: 10/14/2014)

1 USCA Opening Packet

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2 USCA Mediation Letter

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3 USCA Mediation Questionnaire

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42 Oct. 14, 2014

USCA Scheduling Order as to 39 Notice of Appeal filed by Michael Geraghty, Sean C. Parnell, William J. Streur, Phillip Mitchell. (BJK, COURT STAFF) (Entered: 10/14/2014)

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43 Oct. 14, 2014

JUDGMENT declaring Alaska's same-sex marriage laws unconstitutional for violating Due Process and Equal Protection Clauses of the 14th Amendment to the US Constitution; state of Alaska enjoined from enforcing Alaska Constitution Article 1, Section 25 and Alaska Statute Sections 25.05.011 and 25.05.013 to the extent the laws prohibit otherwise qualified same-sex couples from marriage and refusing to recognize lawful same-sex marriages entered in other states. Signed by Judge Timothy M. Burgess on 10/14/14. (PRR, COURT STAFF) (Additional attachment(s) added on 4/15/2015: # 1 Judgment with atty fees, costs and expenses added and redistributed on 4/15/15.) (RMC, COURT STAFF). (Entered: 10/14/2014)

1 Judgment with atty fees, costs and expenses added and redistributed on 4/15/15.

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44 Oct. 14, 2014

TMB TEXT ORDER denying the Emergency Motion to Stay Pending Appeal filed at docket 40 . (PRR, COURT STAFF) (Entered: 10/14/2014)

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45 Oct. 15, 2014

USCA ORDER as to 39 Notice of Appeal, filed by Michael Geraghty, Sean C. Parnell, William J. Streur, Phillip Mitchell. The court GRANTS a temporary stay of the district courts October 12, 2014 order, until 12:00 p.m. (noon) PDT on Friday, October 17, 2014, to afford appellants an opportunity to seek a stay from the United States Supreme Court. Barring any such stay from the Supreme Court, this courts temporary stay dissolves at 12:00 p.m. PDT on October 17, 2014. Appellants corrected emergency motion for a stay of the district courts October 12, 2014 order pending appeal is otherwise DENIED. The briefing schedule established previously remains in effect. OSCANNLAIN, Circuit Judge, concurring in part and dissenting in part: While I concur in affording the state of Alaska the opportunity to seek a stay from the Supreme Court, I would grant the stay pending appeal in this court. (TYM, COURT STAFF) (Entered: 10/15/2014)

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46 Oct. 28, 2014

First MOTION for Attorney Fees by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, National Association for the Advancement of Colored People, Anchorage Branch, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Attachments: # 1 Proposed Order)(Mendel, Allison) (Entered: 10/28/2014)

1 Proposed Order

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47 Oct. 28, 2014

MEMORANDUM in Support of Motion for Attorneys' Fees by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese 46 First MOTION for Attorney Fees filed by Katrina Cortez, Christina Laborde, Stephanie Pearson, Susan Tow, Matthew Hamby, National Association for the Advancement of Colored People, Anchorage Branch, Tracey Wiese, Christopher Shelden, Courtney Lamb, David Robinson, Sean Egan. (Mendel, Allison) (Entered: 10/28/2014)

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48 Oct. 28, 2014

AFFIDAVIT of Laurence Blakely re 46 First MOTION for Attorney Fees by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 10/28/2014)

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49 Oct. 28, 2014

DECLARATION of Caitlin Shortell re 46 First MOTION for Attorney Fees by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 10/28/2014)

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50 Oct. 28, 2014

DECLARATION of Heather Gardner re 46 First MOTION for Attorney Fees by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Mendel, Allison) (Entered: 10/28/2014)

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51 Nov. 5, 2014

DESIGNATION of Record on Appeal by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur re 39 Notice of Appeal, (Wakley, Kevin) (Entered: 11/05/2014)

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52 Nov. 5, 2014

TRANSCRIPT REQUEST by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur re 39 Notice of Appeal, (Wakley, Kevin) (Entered: 11/05/2014)

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53 Nov. 7, 2014

Joint STIPULATION TO EXTEND STATE DEFENDANTS DEADLINE TO FILE OPPOSITION TO PLAINTIFFS MOTION FOR REASONABLE ATTORNEYS FEES AND EXPENSES by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur.(Wakley, Kevin) (Entered: 11/07/2014)

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54 Nov. 12, 2014

TMB TEXT ORDER GRANTING 53 Joint STIPULATION TO EXTEND STATE DEFENDANTS DEADLINE TO FILE OPPOSITION TO PLAINTIFFS' MOTION FOR REASONABLE ATTORNEYS FEES AND EXPENSES. IT IS HEREBY ORDERED that the deadline for State Defendants to file their opposition to Motion at Docket 46 is 11/25/14. (SRL, CHAMBERS STAFF) (Entered: 11/12/2014)

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55 Nov. 21, 2014

TRANSCRIPT of Proceedings ; Oral Argument on Motion for Summary Judgment held on October 10, 2014, before Judge Timothy M. Burgess. Realtime Court Reporter: R. Joy Stancel. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy by calling Realtime Court Reporter, R. Joy Stancel, 907-677-6104. Transcript may be viewed at the court public terminal or purchased through the Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The parties have seven (7) 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 may be made remotely electronically available to the public without redaction after Release of Transcript Restriction deadline of 2/19/2015. (RJS, ) (Entered: 11/21/2014)

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56 Nov. 25, 2014

RESPONSE in Opposition re 46 First MOTION for Attorney Fees filed by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur. (Attachments: # 1 Proposed Order)(Milks, William) (Entered: 11/25/2014)

1 Proposed Order

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57 Nov. 25, 2014

DECLARATION of William Milks re 56 Response in Opposition to Motion by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur. (Milks, William) (Entered: 11/25/2014)

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58 Dec. 2, 2014

REPLY to Response to Motion re 46 First MOTION for Attorney Fees filed by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(Gardner, Heather) (Entered: 12/02/2014)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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3 Exhibit Exhibit 3

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59 Dec. 2, 2014

DECLARATION of Caitlin Shortell (Amended) re 58 Reply to Response to Motion, by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb, Stephanie Pearson, David Robinson, Christopher Shelden, Susan Tow, Tracey Wiese. (Attachments: # 1 Exhibit Exhibit 1 to Declaration of C. Shortell)(Gardner, Heather) (Entered: 12/02/2014)

1 Exhibit Exhibit 1 to Declaration of C. Shortell

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60 Dec. 3, 2014

Notice to Counsel re 58 Reply to Response to Motion, filed by Katrina Cortez, Christina Laborde, Stephanie Pearson, Susan Tow, Matthew Hamby, Tracey Wiese, Christopher Shelden, Courtney Lamb, David Robinson, Sean Egan. A review of the document submitted at dkt 58 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 58. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (RMC, COURT STAFF) (Entered: 12/03/2014)

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61 March 3, 2015

USCA ORDER as to 39 Notice of Appeal, filed by Michael Geraghty, Sean C. Parnell, William J. Streur, Phillip Mitchell. The appellants opposed motion to stay appellate proceedings pending the Supreme Court decision in DeBoer v. Snyder, Supreme Court Docket No. 14-571, is GRANTED. Appellate proceedings are stayed until 14 days after the decision issues in DeBoer or June 30, 2015, whichever occurs first. At or prior to the expiration of the stay of appellate proceedings, the appellants shall file the opening brief or file a motion for appropriate relief. If the opening brief is filed, the answering brief will be due July 30, 2015. The optional reply brief is due within 14 days after service of the answering brief. In the absence of a motion, the stay of appellate proceedings will terminate without further notice. (TYM, COURT STAFF) (Entered: 03/03/2015)

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62 April 15, 2015

ORDER granting in part 46 Motion for Attorney Fees in the amount of $127,262.50 and $458.40 in costs and expenses for a total of $127,720.90. Signed by Judge Timothy M. Burgess on 4/15/15. (RMC, COURT STAFF)

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63 May 13, 2015

MOTION for Reconsideration re 62 Order on Motion for Attorney Fees by and on behalf of Shortell and Gardner by Katrina Cortez, Sean Egan, Matthew Hamby, Christina Laborde, Courtney Lamb. (Attachments: # 1 Proposed Order Order Granting Reconsideration, # 2 Affidavit Declaration Gardner, # 3 Affidavit Declaration Holen, # 4 Declaration Legacki, # 5 Declaration Hedges, # 6 Declaration Shortell)(Shortell, Caitlin) (Entered: 05/13/2015)

1 Proposed Order Order Granting Reconsideration

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2 Affidavit Declaration Gardner

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3 Affidavit Declaration Holen

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4 Declaration Legacki

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5 Declaration Hedges

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6 Declaration Shortell

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64 May 14, 2015

Notice to Counsel re 63 MOTION for Reconsideration re 62 Order on Motion for Attorney Fees by and on behalf of Shortell and Gardner filed by Katrina Cortez, Christina Laborde, Matthew Hamby, Courtney Lamb, Sean Egan. A review of the document submitted at dkt 63 confirms that it is over 25 pages in length. If a CHAMBERS copy of the document has not been forwarded to the Court, counsel is reminded that, pursuant to D.Ak.LR 10.1(b) and the Administrative Policies and Procedures, you are required to provide the court with a CHAMBERS copy of your filing at dkt 63. The CHAMBERS copy must be attached to a copy of the Notice of Electronic Filing and must be printed with the ECF pdf footer on each page. (PXS, COURT STAFF) (Entered: 05/14/2015)

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May 14, 2015

Notice Re: Chamber Copy

65 May 20, 2015

TMB TEXT ORDER re 63 MOTION for Reconsideration re 62 Order on Motion for Attorney Fees. Defendants shall file a response to the Motion for Reconsideration on or before June 3, 2015. Oral argument will be set once the motion has been fully briefed. (RMC, COURT STAFF) (Entered: 05/20/2015)

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May 20, 2015

Order

66 June 3, 2015

RESPONSE in Opposition re 63 MOTION for Reconsideration re 62 Order on Motion for Attorney Fees by and on behalf of Shortell and Gardner filed by Michael Geraghty, Phillip Mitchell, Sean C. Parnell, William J. Streur. (Wakley, Kevin) (Entered: 06/03/2015)

RECAP
67 July 1, 2015

USCA ORDER as to 39 Notice of Appeal, filed by Michael Geraghty, Sean C. Parnell, William J. Streur, Phillip Mitchell. The stipulation to dismiss the appeal under Federal Rules of Appellate Procedure 42(b) is GRANTED. The costs shall be allocated pursuant to the stipulation. A copy of this order shall act as and for the MANDATE of this court. (TYM, COURT STAFF) (Entered: 07/02/2015)

RECAP
68 Sept. 2, 2015

ORDER DENYING 63 Motion for Reconsideration re 62 Order on Motion for Attorney Fees by and on behalf of Shortell and Gardner. Signed by Judge Timothy M. Burgess on 9/2/15. (SRL, CHAMBERS STAFF) (Entered: 09/02/2015)

RECAP

Case Details

State / Territory:

Alaska

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Same-Sex Marriage

Key Dates

Filing Date: May 12, 2014

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are five same-sex couples living in Alaska and wish for the state to recognize their marriages conducted in other states and to marry in Alaska.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

State of Alaska

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

Other Dockets:

District of Alaska 3:14-cv-00089

Available Documents:

Any published opinion

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Confession of Judgment

Content of Injunction:

Discrimination Prohibition

Amount Defendant Pays: $127,720.90

Order Duration: 2014 - 2015

Issues

General/Misc.:

Marriage

Discrimination Basis:

Sex discrimination

Sexual orientation

Affected Sex/Gender(s):

Female

Male

LGBTQ+:

LGBTQ+

Recommended Citation