Case: Whitewood v. Corbett

1:13-cv-01861 | U.S. District Court for the Middle District of Pennsylvania

Filed Date: July 9, 2013

Closed Date: July 29, 2015

Clearinghouse coding complete

Case Summary

On July 9, 2013, several lesbian and gay couples, one widow, and two teenage children of one of the same-sex couples filed a lawsuit in the U.S. District Court for the Middle District of Pennsylvania under 42 U.S.C. § 1983 against the Commonwealth of Pennsylvania. The plaintiffs were represented by the American Civil Liberties Union (ACLU) and private counsel, and they asked the court to declare that Pennsylvania laws banning same-sex marriage were unconstitutional, enjoin the enforcement of la…

On July 9, 2013, several lesbian and gay couples, one widow, and two teenage children of one of the same-sex couples filed a lawsuit in the U.S. District Court for the Middle District of Pennsylvania under 42 U.S.C. § 1983 against the Commonwealth of Pennsylvania. The plaintiffs were represented by the American Civil Liberties Union (ACLU) and private counsel, and they asked the court to declare that Pennsylvania laws banning same-sex marriage were unconstitutional, enjoin the enforcement of laws banning same-sex marriage, and award the plaintiffs with cost of suit and reasonable attorneys fees.

The plaintiffs alleged that the ban violated their rights to Due Process and Equal Protection and that they suffered harm by being denied tax and employment benefits available to opposite-sex couples, along with the social stigma of not being allowed to marry.

On May 20, 2014, the Court (Judge John E. Jones III) granted summary judgment in favor of the plaintiffs and declared Pennsylvania laws that ban same-sex marriage violated the Due Process and Equal Protection Clauses, and permanently enjoined their enforcement. Whitewood v. Corbett, 2014 WL 2058105 (M.D. Pennsylvania 2014).

A county clerk moved to intervene on June 6, 2014. This motion was denied by the court and the clerk appealed to the United States Court of Appeals for the Third Circuit (USCA). The USCA submitted this case to a panel of the court for possible summary action. On July 7, 2014, the USCA affirmed the District Court's (Judge Jones) denial of the motion to intervene. The case was closed on February 3, 2015.

Summary Authors

Megan Dolan (6/25/2014)

Thomas Topping (3/2/2015)

Related Cases

PA Department of Health v. Hanes, Pennsylvania state trial court (2013)

Cucinotta v. Commonwealth, Pennsylvania state trial court (2013)

Ballen v. Corbett, Pennsylvania state trial court (2013)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4373540/parties/whitewood-v-corbett/


Judge(s)
Attorney for Plaintiff

Aronchick, Mark A. (Pennsylvania)

Attorney for Defendant

Autry, Joshua M. (Pennsylvania)

Bedell, Lindsey A. (Pennsylvania)

Bressack, Darryl (Pennsylvania)

Calvey, Kevin J (Pennsylvania)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:13-cv-01861

Docket [PACER]

Feb. 2, 2015

Feb. 2, 2015

Docket

1:13-cv-01861

ACLU-PA, ACLU, and Hangley Aronchick Seek Freedom to Marry for Pennsylvania Couples

No Court

July 8, 2013

July 8, 2013

Press Release
1

1:13-cv-01861

Complaint for Declaratory and Injunctive Relief

July 9, 2013

July 9, 2013

Complaint
64

1:13-cv-01861

First Amended Complaint For Declaratory and Injunctive Relief

Whitewood v. Wolf

Nov. 7, 2013

Nov. 7, 2013

Complaint
133

1:13-cv-01861

Memorandum Opinion

Whitewood v. Wolf

May 20, 2014

May 20, 2014

Order/Opinion

992 F.Supp.2d 410

150

1:13-cv-01861

Memorandum and Order [in response to Motion to Intervene]

Whitewood v. Wolf

June 18, 2014

June 18, 2014

Order/Opinion

2014 WL 12479641

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4373540/whitewood-v-corbett/

Last updated April 19, 2026, noon

ECF Number Date Description Link
July 9, 2013

DOCKET ANNOTATION: Case reassigned to Judge Jones. (aaa) (Entered: 07/09/2013)

PACER
1 July 9, 2013

COMPLAINT against All Defendants ( Filing fee $400, Receipt Number 0314-2827981), filed by Heather Poehler, Marla Cattermole, Diana Polson, Kath Poehler, Ron Gebhardtsbauer, Deb Whitewood, Julia Lobur, Deb Whitewood(and), Susan Whitewood, Fredia Hurdle, Len Rieser, Angela Gillem, A.W., K.W., Dara Raspberry, Gail Lloyd, Dawn Plummer, Maureen Hennessey, Lynn Hurdle, Helena Miller, David Palmer, Greg Wright, Edwin Hill, Fernando Chang-Muy. (Attachments: # 1 Civil Cover Sheet)(aaa) (Entered: 07/09/2013)

1 Civil Cover Sheet

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Clearinghouse
2 July 9, 2013

Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: # 1 Summons Packet) (aaa) (Entered: 07/09/2013)

1 Summons Packet

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RECAP
July 10, 2013

SPECIAL ADMISSION and ECF Registration FORMs SENT to Leslie Cooper, James Esseks, Rebecca Melley, John Stapleton and dylan Steinberg. (pjr) (Entered: 07/10/2013)

PACER
3 July 16, 2013

SUMMONS Returned Executed by Heather Poehler, Marla Cattermole, Diana Polson, Kath Poehler, Ron Gebhardtsbauer, Deb Whitewood, Julia Lobur, Deb Whitewood(and), Susan Whitewood, Fredia Hurdle, Len Rieser, Angela Gillem, A.W., K.W., Dara Raspberry, Gail Lloyd, Dawn Plummer, Maureen Hennessey, Lynn Hurdle, Helena Miller, David Palmer, Greg Wright, Edwin Hill, Fernando Chang-Muy. Thomas W. Corbett served on 7/9/2013, answer due 7/30/2013. (Melley, Rebecca) (Entered: 07/16/2013)

RECAP
4 July 16, 2013

SUMMONS Returned Executed by Heather Poehler, Marla Cattermole, Diana Polson, Kath Poehler, Ron Gebhardtsbauer, Deb Whitewood, Julia Lobur, Deb Whitewood(and), Susan Whitewood, Fredia Hurdle, Len Rieser, Angela Gillem, A.W., K.W., Dara Raspberry, Gail Lloyd, Dawn Plummer, Maureen Hennessey, Lynn Hurdle, Helena Miller, David Palmer, Greg Wright, Edwin Hill, Fernando Chang-Muy. Kathleen Kane served on 7/9/2013, answer due 7/30/2013. (Melley, Rebecca) (Entered: 07/16/2013)

RECAP
5 July 16, 2013

SUMMONS Returned Executed by Heather Poehler, Marla Cattermole, Diana Polson, Kath Poehler, Ron Gebhardtsbauer, Deb Whitewood, Julia Lobur, Deb Whitewood(and), Susan Whitewood, Fredia Hurdle, Len Rieser, Angela Gillem, A.W., K.W., Dara Raspberry, Gail Lloyd, Dawn Plummer, Maureen Hennessey, Lynn Hurdle, Helena Miller, David Palmer, Greg Wright, Edwin Hill, Fernando Chang-Muy. Michael Wolf served on 7/9/2013, answer due 7/30/2013. (Melley, Rebecca) (Entered: 07/16/2013)

RECAP
6 July 16, 2013

SUMMONS Returned Executed by Heather Poehler, Marla Cattermole, Diana Polson, Kath Poehler, Ron Gebhardtsbauer, Deb Whitewood, Julia Lobur, Deb Whitewood(and), Susan Whitewood, Fredia Hurdle, Len Rieser, Angela Gillem, A.W., K.W., Dara Raspberry, Gail Lloyd, Dawn Plummer, Maureen Hennessey, Lynn Hurdle, Helena Miller, David Palmer, Greg Wright, Edwin Hill, Fernando Chang-Muy. Donald Petrille, Jr served on 7/9/2013, answer due 7/30/2013. (Melley, Rebecca) (Entered: 07/16/2013)

RECAP
7 July 16, 2013

SUMMONS Returned Executed by Heather Poehler, Marla Cattermole, Diana Polson, Kath Poehler, Ron Gebhardtsbauer, Deb Whitewood, Julia Lobur, Deb Whitewood(and), Susan Whitewood, Fredia Hurdle, Len Rieser, Angela Gillem, A.W., K.W., Dara Raspberry, Gail Lloyd, Dawn Plummer, Maureen Hennessey, Lynn Hurdle, Helena Miller, David Palmer, Greg Wright, Edwin Hill, Fernando Chang-Muy. Mary Jo Poknis served on 7/11/2013, answer due 8/1/2013. (Melley, Rebecca) (Entered: 07/16/2013)

RECAP
8 July 23, 2013

SCHEDULING ORDER: Case Management Conference set for 9/30/2013.(eo) (Entered: 07/23/2013)

RECAP
9 July 29, 2013

STIPULATION to Extend Time to Respond to Complaint for Declaratory and Injunctive Relief by Thomas W. Corbett, Michael Wolf. (Dunlap, Gregory) (Entered: 07/29/2013)

RECAP
10 July 30, 2013

Order approving re 9 Stipulation (eo) (Entered: 07/30/2013)

RECAP
11 Aug. 2, 2013

SCHEDULING ORDER: Case Management Conference set for 9/30/2013 09:00 AM before Honorable John E. Jones III. (eo) (Entered: 08/02/2013)

RECAP
12 Aug. 5, 2013

SCHEDULING ORDER: In Person Case Management Conference reset for 9/30/2013 01:30 PM in Harrisburg before Honorable John E. Jones III. See order for details. (eo) (Entered: 08/05/2013)

RECAP
13 Aug. 14, 2013

NOTICE of Appearance by Robert J Grimm on behalf of Mary Jo Poknis (Grimm, Robert) (Entered: 08/14/2013)

RECAP
14 Aug. 14, 2013

NOTICE of Appearance by Thomas J Jezewski on behalf of Mary Jo Poknis (Jezewski, Thomas) (Entered: 08/14/2013)

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15 Aug. 14, 2013

NOTICE of Appearance by Nathan D. Fox on behalf of Donald Petrille, Jr. (Fox, Nathan) (Entered: 08/14/2013)

RECAP
16 Aug. 14, 2013

CERTIFICATE OF SERVICE by Donald Petrille, Jr re 15 Attorney Appearance - Entry of Appearance (Fox, Nathan) (Entered: 08/14/2013)

RECAP
17 Sept. 5, 2013

NOTICE of Appearance by William H. Lamb on behalf of Thomas W. Corbett, Michael Wolf (Lamb, William) (Entered: 09/05/2013)

RECAP
18 Sept. 9, 2013

NOTICE of Appearance by M. Abbegael Giunta on behalf of Kathleen Kane (Giunta, M.) (Entered: 09/09/2013)

RECAP
19 Sept. 13, 2013

STIPULATION by Donald Petrille, Jr. (Fox, Nathan) (Entered: 09/13/2013)

RECAP
20 Sept. 13, 2013

Order approving re 19 Stipulation (eo) (Entered: 09/13/2013)

RECAP
21 Sept. 17, 2013

Letter from William H. Lamb, Esquire . (Lamb, William) (Entered: 09/17/2013)

RECAP
22 Sept. 18, 2013

ORDER: 1. The case management conference currently scheduled for September30, 2013 is CANCELLED.2. The case management conference is RESCHEDULED for October 9,2013, at 10:00 a.m. in Courtroom No. 4, Harrisburg, Pennsylvania.Signed by Honorable John E. Jones, III on 09/18/13. (ma) (Entered: 09/18/2013)

RECAP
23 Sept. 23, 2013

DISCLOSURE REPORT by Donald Petrille, Jr by Donald Petrille, Jr.(Fox, Nathan) (Entered: 09/23/2013)

RECAP
24 Sept. 30, 2013

MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Mary Jo Poknis. (Attachments: # 1 Proposed Order)(Grimm, Robert) (Entered: 09/30/2013)

1 Proposed Order

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25 Sept. 30, 2013

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Donald Petrille, Jr.(Fox, Nathan) (Entered: 09/30/2013)

RECAP
26 Sept. 30, 2013

MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by Kathleen Kane. (Attachments: # 1 Proposed Order Granting Dismissal of Kathleen Kane)(Giunta, M.) (Entered: 09/30/2013)

1 Proposed Order Granting Dismissal of Kathleen Kane

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27 Sept. 30, 2013

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Jurisdiction by Thomas W. Corbett, Michael Wolf.(Lamb, William) (Entered: 09/30/2013)

RECAP
28 Oct. 2, 2013

Proposed Order re Defendant's Motion to Dismiss by Donald Petrille, Jr.(Fox, Nathan) Modified on 10/2/2013 (aaa). (Entered: 10/02/2013)

RECAP
29 Oct. 2, 2013

MOTION to Exceed Page Limitation Motion for Leave to File Oversized Brief by Thomas W. Corbett, Michael Wolf.(Lamb, William) (Entered: 10/02/2013)

RECAP
30 Oct. 2, 2013

MOTION to Exceed Page Limitation (Exceed Word Limitation) by Donald Petrille, Jr.(Fox, Nathan) (Entered: 10/02/2013)

RECAP
Oct. 3, 2013

DOCKET ANNOTATION: Petitioning attorneys and associate counsel's bar status verified. (aaa) (Entered: 10/03/2013)

PACER
31 Oct. 3, 2013

ORDER granting 29 Motion for Leave to File Excess Pages (eo) (Entered: 10/03/2013)

RECAP
32 Oct. 3, 2013

ORDER granting 30 Motion for Leave to File Excess Pages (eo) (Entered: 10/03/2013)

RECAP
33 Oct. 3, 2013

MOTION to Exceed Page Limitation (Exceed Word Limitation) by Mary Jo Poknis. (Attachments: # 1 Proposed Order)(Grimm, Robert) (Entered: 10/03/2013)

1 Proposed Order

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RECAP
34 Oct. 3, 2013

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Leslie Cooper on behalf of All Plaintiffs Attorney Leslie Cooper is seeking special admission. Filing fee $ 50, receipt number 0314-2901602.. (Cooper, Leslie) (Entered: 10/03/2013)

RECAP
35 Oct. 3, 2013

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by James D. Esseks on behalf of All Plaintiffs Attorney James Esseks is seeking special admission. Filing fee $ 50, receipt number 0314-2901623.. (Esseks, James) (Entered: 10/03/2013)

RECAP
36 Oct. 3, 2013

ORDER granting 33 Motion for Leave to File Excess Pages (eo) (Entered: 10/03/2013)

RECAP
37 Oct. 4, 2013

SPECIAL ADMISSIONS FORMS APPROVED as to James D. Esseks and Leslie Cooper (eo) (Entered: 10/04/2013)

RECAP
38 Oct. 4, 2013

CASE MANAGEMENT PLAN filed on behalf of all parties by A.W., Marla Cattermole, Fernando Chang-Muy, Ron Gebhardtsbauer, Angela Gillem, Maureen Hennessey, Edwin Hill, Fredia Hurdle, Lynn Hurdle, K.W., Gail Lloyd, Julia Lobur, Helena Miller, David Palmer, Dawn Plummer, Heather Poehler, Kath Poehler, Diana Polson, Dara Raspberry, Len Rieser, Deb Whitewood, Deb Whitewood(and), Susan Whitewood, Greg Wright. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2)(Aronchick, Mark) (Entered: 10/04/2013)

1 Exhibit(s) 1

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2 Exhibit(s) 2

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RECAP
39 Oct. 7, 2013

BRIEF IN SUPPORT re 24 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Mary Jo Poknis. (Attachments: # 1 Exhibit(s) A)(Grimm, Robert) (Entered: 10/07/2013)

1 Exhibit(s) A

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40 Oct. 7, 2013

BRIEF IN SUPPORT re 26 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by Kathleen Kane.(Giunta, M.) (Entered: 10/07/2013)

RECAP
41 Oct. 7, 2013

BRIEF IN SUPPORT re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Donald Petrille, Jr. (Attachments: # 1 Exhibit(s))(Fox, Nathan) (Entered: 10/07/2013)

1 Exhibit(s)

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RECAP
42 Oct. 7, 2013

BRIEF IN SUPPORT OF DEFENDANTS GOVERNOR THOMAS CORBETT AND SECRETARY OF HEALTH MICHAEL WOLF IN SUPPORT OF MOTION TO DISMISS PURSUANT TO FED. R. CIV. P. 12(b)(1) AND (6) re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Jurisdiction filed by Thomas W. Corbett, Michael Wolf.(Lamb, William) (Entered: 10/07/2013)

RECAP
Oct. 8, 2013

DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa) (Entered: 10/08/2013)

PACER
43 Oct. 8, 2013

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Helen E Casa;e on behalf of All Plaintiffs Attorney Helen Casale is seeking special admission. Filing fee $ 50, receipt number 0314-2904776., filed by on behalf of All Plaintiffs.(Casa;e, Helen) (Entered: 10/08/2013)

RECAP
44 Oct. 8, 2013

MOTION to Stay Discovery by Donald Petrille, Jr. (Attachments: # 1 Proposed Order)(Fox, Nathan) (Entered: 10/08/2013)

1 Proposed Order

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RECAP
45 Oct. 8, 2013

BRIEF IN SUPPORT re 44 MOTION to Stay Discovery filed by Donald Petrille, Jr.(Fox, Nathan) (Entered: 10/08/2013)

RECAP
46 Oct. 9, 2013

SPECIAL ADMISSIONS FORM APPROVED as to Helen E. Casale (eo) (Entered: 10/09/2013)

RECAP
47 Oct. 9, 2013

COURT REPORTER NOTES OF PROCEEDINGS filed by Wendy Yinger of Case Management Conference before Judge Jones on 10/09/2013. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Jones on 10/09/2013. By s/ Wendy Yinger. (Court Reporter Notes are viewable by court staff only). (ctrep7) (Entered: 10/09/2013)

RECAP
49 Oct. 9, 2013

SCHEDULING ORDER: 1. Plaintiffs shall file briefs in opposition to the Motions to Dismiss (Docs. 24, 25, 26, and 27) by or before the close of business on October 21, 2013. 2. The Defendants shall file reply briefs by or before the close of business on November 1, 2013. 3. A second case management conference is protectively scheduled for November 22, 2013 at 10:00 a.m. in Courtroom #2, Harrisburg Federal Courthouse. 4. All discovery is STAYED pending further Order of this Court, and Defendant Petrilles Motion to Stay Discovery (Doc. 44) is DISMISSED as moot. (eo) (Entered: 10/09/2013)

RECAP
Oct. 17, 2013

DOCKET ANNOTATION: Petitioning attorney and associate counsel's bar status verified. (aaa) (Entered: 10/17/2013)

PACER
50 Oct. 17, 2013

PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Dylan J. Steinberg on behalf of All Plaintiffs Attorney Dylan Steinberg is seeking special admission. Filing fee $ 50, receipt number 0314-2912344.. (Steinberg, Dylan) (Entered: 10/17/2013)

RECAP
51 Oct. 17, 2013

SPECIAL ADMISSIONS FORM APPROVED as to Dylan J. Steinberg (eo) (Entered: 10/17/2013)

RECAP
52 Oct. 17, 2013

Unopposed MOTION to Exceed Page Limitation in Opposition to Motions to Dismiss and for Leave to Incorporate Sections from One Opposition Brief to Another by A.W., Marla Cattermole, Fernando Chang-Muy, Ron Gebhardtsbauer, Angela Gillem, Maureen Hennessey, Edwin Hill, Fredia Hurdle, Lynn Hurdle, K.W., Gail Lloyd, Julia Lobur, Helena Miller, David Palmer, Dawn Plummer, Heather Poehler, Kath Poehler, Diana Polson, Dara Raspberry, Len Rieser, Deb Whitewood, Susan Whitewood, Greg Wright. (Attachments: # 1 Proposed Order)(Aronchick, Mark) (Entered: 10/17/2013)

1 Proposed Order

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Oct. 18, 2013

DOCKET ANNOTATION: PA Bar Directory shows attorney Dylan Steinberg as active and attorney Rebecca Melley was admitted to practice in the Middle District on 3/13/09. (pjr) (Entered: 10/18/2013)

PACER
53 Oct. 18, 2013

ORDER granting 52 Motion for Leave to File Excess Pages (eo) (Entered: 10/18/2013)

RECAP
54 Oct. 21, 2013

BRIEF IN OPPOSITION re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Jurisdiction filed by A.W., Marla Cattermole, Fernando Chang-Muy, Ron Gebhardtsbauer, Angela Gillem, Maureen Hennessey, Edwin Hill, Fredia Hurdle, Lynn Hurdle, K.W., Gail Lloyd, Julia Lobur, Helena Miller, David Palmer, Dawn Plummer, Heather Poehler, Kath Poehler, Diana Polson, Dara Raspberry, Len Rieser, Deb Whitewood, Susan Whitewood, Greg Wright. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) A through H, # 3 Unpublished Opinion(s))(Aronchick, Mark) (Entered: 10/21/2013)

1 Proposed Order

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2 Exhibit(s) A through H

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3 Unpublished Opinion(s)

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55 Oct. 21, 2013

BRIEF IN OPPOSITION re 26 MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim filed by A.W., Marla Cattermole, Fernando Chang-Muy, Ron Gebhardtsbauer, Angela Gillem, Maureen Hennessey, Edwin Hill, Fredia Hurdle, Lynn Hurdle, K.W., Gail Lloyd, Julia Lobur, Helena Miller, David Palmer, Dawn Plummer, Heather Poehler, Kath Poehler, Diana Polson, Dara Raspberry, Len Rieser, Deb Whitewood, Susan Whitewood, Greg Wright. (Attachments: # 1 Proposed Order)(Aronchick, Mark) (Entered: 10/21/2013)

1 Proposed Order

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56 Oct. 21, 2013

BRIEF IN OPPOSITION re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by A.W., Marla Cattermole, Fernando Chang-Muy, Ron Gebhardtsbauer, Angela Gillem, Maureen Hennessey, Edwin Hill, Fredia Hurdle, Lynn Hurdle, K.W., Gail Lloyd, Julia Lobur, Helena Miller, David Palmer, Dawn Plummer, Heather Poehler, Kath Poehler, Diana Polson, Dara Raspberry, Len Rieser, Deb Whitewood, Susan Whitewood, Greg Wright. (Attachments: # 1 Proposed Order, # 2 Exhibit(s) A and B, # 3 Unpublished Opinion(s))(Aronchick, Mark) (Entered: 10/21/2013)

1 Proposed Order

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2 Exhibit(s) A and B

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3 Unpublished Opinion(s)

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RECAP
57 Oct. 21, 2013

NOTICE of Voluntary Dismissal by A.W., Marla Cattermole, Fernando Chang-Muy, Ron Gebhardtsbauer, Angela Gillem, Maureen Hennessey, Edwin Hill, Fredia Hurdle, Lynn Hurdle, K.W., Gail Lloyd, Julia Lobur, Helena Miller, David Palmer, Dawn Plummer, Heather Poehler, Kath Poehler, Diana Polson, Dara Raspberry, Len Rieser, Deb Whitewood, Susan Whitewood, Greg Wright of Defendant Mary Jo Poknis Only (Aronchick, Mark) (Entered: 10/21/2013)

RECAP
58 Nov. 1, 2013

NOTICE of Voluntary Dismissal by A.W., Marla Cattermole, Fernando Chang-Muy, Ron Gebhardtsbauer, Angela Gillem, Maureen Hennessey, Edwin Hill, Fredia Hurdle, Lynn Hurdle, K.W., Gail Lloyd, Julia Lobur, Helena Miller, David Palmer, Dawn Plummer, Heather Poehler, Kath Poehler, Diana Polson, Dara Raspberry, Len Rieser, Deb Whitewood, Susan Whitewood, Greg Wright OF DEFENDANT KATHLEEN KANE, IN HER OFFICIAL CAPACITY AS ATTORNEY GENERAL OF PENNSYLVANIA (Aronchick, Mark) (Entered: 11/01/2013)

RECAP
59 Nov. 1, 2013

STIPULATION AND NOTICE OF DISMISSAL by A.W., Marla Cattermole, Fernando Chang-Muy, Ron Gebhardtsbauer, Angela Gillem, Maureen Hennessey, Edwin Hill, Fredia Hurdle, Lynn Hurdle, K.W., Gail Lloyd, Julia Lobur, Helena Miller, David Palmer, Dawn Plummer, Heather Poehler, Kath Poehler, Diana Polson, Dara Raspberry, Len Rieser, Deb Whitewood, Susan Whitewood, Greg Wright. (Attachments: # 1 Certificate of Service)(Aronchick, Mark) (Entered: 11/01/2013)

1 Certificate of Service

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60 Nov. 1, 2013

REPLY BRIEF re 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Donald Petrille, Jr. (Attachments: # 1 Exhibit(s))(Fox, Nathan) (Entered: 11/01/2013)

1 Exhibit(s)

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61 Nov. 1, 2013

REPLY BRIEF re 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Lack of Jurisdiction -Reply Brief of Defendant Secretary of Health Michael Wolf in Support of his Motion to Dismiss filed by Michael Wolf.(Lamb, William) (Entered: 11/01/2013)

RECAP
62 Nov. 5, 2013

NOTICE of Appearance by Joel L. Frank on behalf of Michael Wolf (Frank, Joel) (Entered: 11/05/2013)

RECAP
63 Nov. 6, 2013

Order approving 59 Stipulation. (eo) (Entered: 11/06/2013)

RECAP
64 Nov. 7, 2013

AMENDED COMPLAINT against Donald Petrille, Jr, Michael Wolf, Dan Meuser, filed by Heather Poehler, Marla Cattermole, Diana Polson, Kath Poehler, Ron Gebhardtsbauer, Deb Whitewood, Julia Lobur, Deb Whitewood(and), Fredia Hurdle, Len Rieser, Angela Gillem, A.W., K.W., Dara Raspberry, Gail Lloyd, Dawn Plummer, Maureen Hennessey, Lynn Hurdle, Helena Miller, David Palmer, Greg Wright, Edwin Hill, Fernando Chang-Muy.(Aronchick, Mark) (Entered: 11/07/2013)

Clearinghouse
65 Nov. 7, 2013

NOTICE of Appearance by Joel L. Frank on behalf of Dan Meuser (Frank, Joel) (Entered: 11/07/2013)

RECAP
66 Nov. 7, 2013

NOTICE of Appearance by William H. Lamb on behalf of Dan Meuser (Lamb, William) (Entered: 11/07/2013)

RECAP
67 Nov. 15, 2013

ORDER 1. The Motion to Dismiss filed by Defendants Wolf and Meuser (Doc.27) is DENIED. 2. Defendant Petrilles Motion to Dismiss (Doc. 25) is also DENIED.3. The Court will hold a second case management conference, as scheduled, on Friday, November 22, 2013, at 10 a.m. in Courtroom 2, at which time all counsel shall be fully prepared to engage in a discourse regarding the commencement date of a bench trial.(eo) (Entered: 11/15/2013)

RECAP
68 Nov. 18, 2013

Letter from Mark A. Aronchick to the Honorable John E. Jones, III. (Aronchick, Mark) (Entered: 11/18/2013)

RECAP
69 Nov. 18, 2013

Letter from William H. Lamb . (Lamb, William) (Entered: 11/18/2013)

RECAP
Nov. 21, 2013

SPECIAL ADMISSION FORM SENT to Frank Chernak. (pjr) (Entered: 11/21/2013)

PACER
70 Nov. 21, 2013

NOTICE of Appearance by Frank A. Chernak on behalf of Donald Petrille, Jr (Chernak, Frank) (Entered: 11/21/2013)

RECAP
71 Nov. 21, 2013

NOTICE of Appearance by John P. McLaughlin on behalf of Donald Petrille, Jr (McLaughlin, John) (Entered: 11/21/2013)

RECAP
Nov. 22, 2013

Set/Reset Hearings: Bench Trial set for 6/9/2014 09:00 AM in Harrisburg − Courtroom 2 before Honorable John E. Jones III. (eo) (Entered: 11/22/2013)

PACER
72 Nov. 22, 2013

COURT REPORTER NOTES OF PROCEEDINGS filed by Wesley J. Armstrong of case management conference held before Judge Jones on 22 November 2013. In accordance with 28 U.S.C., Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Jones on 22 November 2013. By: s/ Wesley J. Armstrong, RMR (Court Reporter Notes are viewable by court staff only.) (Entered: 11/22/2013)

RECAP
74 Nov. 22, 2013

SCHEDULING ORDER: 1. Expert witnesses. Plaintiffs shall disclose their expert witnesses on or before December 2, 2013, and Defendants shall disclose their expert witnesses on or before January 15, 2014. Plaintiffs shall file expertreports on or before February 14, 2014, and Defendants shall file theirrespective reports on or before March 14, 2014. Plaintiffs shall file any supplemental reports by March 21, 2014. 2. Discovery. The stay presently imposed on discovery (Doc. 49) is LIFTED. On or before December 16, 2013, the parties shall respond to pending written discovery, as well as to any written discovery that is served by the close of business on November 27, 2013.3. Dispositive motions. The parties shall file dispositive motions, ifany, on or before April 21, 2014, with supporting briefs submittedsimultaneously. Briefs in opposition shall be due by May 5, 2014,and reply briefs shall be filed by May 12, 2014. 4. Motions in limine. Written motions in limine shall be submitted to the Court, with supporting briefs, no later than May 12, 2014. Responses shall be filed by May 19, 2014.5. Pretrial conference. The final pretrial conference shall be held onMay 27, 2014, at 9:30 a.m., in Courtroom 2, Harrisburg Federal Courthouse.6. Trial- Trial shall commence on June 9, 2014, in Courtroom 2, Harrisburg Federal Courthouse. 7. Modification of schedule. The provisions of this scheduling order may be modified by agreement of counsel, the Court sua sponte, or on motion timely filed for good cause.(eo) (Entered: 11/22/2013)

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75 Nov. 25, 2013

SUMMONS Returned Executed by Heather Poehler, Deb Whitewood, Julia Lobur, Susan Whitewood, Len Rieser, A.W., K.W., Dara Raspberry, Christine Donato, Gail Lloyd, Helena Miller, Greg Wright, Fernando Chang-Muy, Marla Cattermole, Diana Polson, Ron Gebhardtsbauer, Kath Poehler, Sandy Ferlanie, Fredia Hurdle, Angela Gillem, Dawn Plummer, Maureen Hennessey, Lynn Hurdle, David Palmer, Edwin Hill. Dan Meuser served on 11/19/2013, answer due 12/10/2013. (Stapleton, John) (Entered: 11/25/2013)

RECAP
76 Nov. 25, 2013

MOTION to Certify and Amendment of Order and Memorandum of Law in Support of Motion For Certication and Amendment of Order by Dan Meuser, Michael Wolf. (Attachments: # 1 Proposed Order)(Lamb, William) (Entered: 11/25/2013)

1 Proposed Order

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RECAP
77 Nov. 26, 2013

MOTION to Intervene filed by James Schneller.(pjr) (Entered: 11/26/2013)

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78 Nov. 26, 2013

STIPULATION For Extension of Time by Dan Meuser, Donald Petrille, Jr, Michael Wolf. (Lamb, William) (Entered: 11/26/2013)

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79 Nov. 27, 2013

ORDER - Advisory. (eo) (Entered: 11/27/2013)

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80 Dec. 2, 2013

BRIEF IN OPPOSITION re 76 MOTION to Certify and Amendment of Order and Memorandum of Law in Support of Motion For Certication and Amendment of Order filed by A.W., Marla Cattermole, Fernando Chang-Muy, Christine Donato, Sandy Ferlanie, Ron Gebhardtsbauer, Angela Gillem, Maureen Hennessey, Edwin Hill, Fredia Hurdle, Lynn Hurdle, K.W., Gail Lloyd, Julia Lobur, Helena Miller, David Palmer, Dawn Plummer, Heather Poehler, Kath Poehler, Diana Polson, Dara Raspberry, Len Rieser, Deb Whitewood, Susan Whitewood, Greg Wright. (Attachments: # 1 Proposed Order, # 2 Unpublished Opinion(s))(Aronchick, Mark) (Entered: 12/02/2013)

1 Proposed Order

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2 Unpublished Opinion(s)

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81 Dec. 6, 2013

ANSWER to 64 Amended Complaint, with Affirmative Defenses by Dan Meuser, Michael Wolf.(Lamb, William) (Entered: 12/06/2013)

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82 Dec. 10, 2013

REPLY BRIEF re 76 MOTION to Certify and Amendment of Order and Memorandum of Law in Support of Motion For Certication and Amendment of Order filed by Dan Meuser, Michael Wolf.(Lamb, William) (Entered: 12/10/2013)

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83 Dec. 16, 2013

STIPULATION and [Proposed] Order Governing the Production and Exchange of Confidential Information by A.W., Marla Cattermole, Fernando Chang-Muy, Christine Donato, Sandy Ferlanie, Ron Gebhardtsbauer, Angela Gillem, Maureen Hennessey, Edwin Hill, Fredia Hurdle, Lynn Hurdle, K.W., Gail Lloyd, Julia Lobur, Helena Miller, David Palmer, Dawn Plummer, Heather Poehler, Kath Poehler, Diana Polson, Dara Raspberry, Len Rieser, Deb Whitewood, Susan Whitewood, Greg Wright. (Aronchick, Mark) (Entered: 12/16/2013)

RECAP
84 Dec. 16, 2013

Letter from Witold Walczak requesting discovery conference. (Attachments: # 1 Exhibit(s) Email history)(Walczak, Witold) (Entered: 12/16/2013)

1 Exhibit(s) Email history

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RECAP
85 Dec. 16, 2013

SCHEDULING ORDER: 1. The Court shall conduct a telephonic conference with the participation of counsel for all parties on Thursday, December 19, 2013 at 2:30 p.m. Counsel for the Plaintiffs shall initiate the call to Chambers, (717) 221-3986, with all counsel on the line and prepared to proceed. 2. The Defendants shall file a responsive letter by close of business on Tuesday, December 17, 2013.(eo) (Entered: 12/16/2013)

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86 Dec. 16, 2013

Letter from William H. Lamb to the Honorable John Jones re: Discovery Conference. (Lamb, William) (Entered: 12/16/2013)

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87 Dec. 17, 2013

MEMORANDUM AND ORDER DENYING defendants' motion for certification & amendment of order pursuant to 28 USC Sect. 1292(b) 76 . (See memo & order for complete details.) Signed by Honorable John E. Jones, III on 12/17/13. (ki) (Entered: 12/17/2013)

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88 Dec. 17, 2013

ORDER re: cnsl's letters re: discovery issues - It is hereby ORDERED that: 1. Telephonic conference scheduled for 12/19/13 @ 2:30 pm is CANCELLED.; 2. Cnsl shall agree upon a meet & confer date by conclusion of this work week. (See order for complete details.) Signed by Honorable John E. Jones, III on 12/17/13. (ki) (Entered: 12/17/2013)

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89 Dec. 17, 2013

MOTION for Leave to Register as an ECF User filed by James D. Schneller.(aaa) (Entered: 12/18/2013)

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90 Dec. 17, 2013

BRIEF IN SUPPORT re 77 MOTION to Intervene filed by James D. Schneller.(aaa) (Entered: 12/18/2013)

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91 Dec. 18, 2013

ORDER 1. James D. Schnellers Motion for Leave to Register as an ECF User(Doc. 89) is GRANTED to the extent that Mr. Schneller may enjoy ECF filing privileges during the pendency of his Motion for Leave to Intervene.2. Mr. Schneller should forthwith contact the Clerks Office at (570)207-5600 for assistance in ECF registration. 3. The Clerk shall mail a copy of this Order to Mr. Schneller.(eo) (Entered: 12/18/2013)

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92 Dec. 19, 2013

ORDER - 1. Opposition briefs, if any, shall be filed by January 8, 2014.2. Mr. Schnellers reply brief shall be filed by January 22, 2014.3. The Clerk shall mail a copy of this Order to Mr. Schneller. (eo) (Entered: 12/19/2013)

RECAP
93 Jan. 8, 2014

BRIEF IN OPPOSITION re 77 MOTION to Intervene filed by A.W., Marla Cattermole, Fernando Chang-Muy, Christine Donato, Sandy Ferlanie, Ron Gebhardtsbauer, Angela Gillem, Maureen Hennessey, Edwin Hill, Fredia Hurdle, Lynn Hurdle, K.W., Gail Lloyd, Julia Lobur, Helena Miller, David Palmer, Dawn Plummer, Heather Poehler, Kath Poehler, Diana Polson, Dara Raspberry, Len Rieser, Deb Whitewood, Deb Whitewood(and), Susan Whitewood, Greg Wright.(Roper, Mary) (Entered: 01/08/2014)

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94 Jan. 25, 2014

REPLY BRIEF re 77 MOTION to Intervene of James Schneller and Philadelphia Metro Task Force filed by James D. Schneller.(Schneller, James) (Entered: 01/25/2014)

RECAP

Case Details

State / Territory:

Pennsylvania

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Same-Sex Marriage

Key Dates

Filing Date: July 9, 2013

Closing Date: July 29, 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The plaintiffs were eleven lesbian and gay couples, one widow, and two teenage children of one of the same-sex couples. The plaintiffs filed suit against the Commonwealth of Pennsylvania because they wished for Pennsylvania to allow and recognize same-sex marriages.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

The Commonwealth of Pennsylvania

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:

Middle District of Pennsylvania 1:13-cv-01861

U.S. Court of Appeals for the Third Circuit 0:14-03049

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Injunction

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Issues

General/Misc.:

Marriage

Discrimination Basis:

Sex discrimination

Sexual orientation

Affected Sex/Gender(s):

Female

Male

LGBTQ+:

LGBTQ+

Recommended Citation