Case: Gerber v. Cooper

1:14-cv-00299 | U.S. District Court for the Middle District of North Carolina

Filed Date: April 9, 2014

Closed Date: July 25, 2018

Clearinghouse coding complete

Case Summary

On April 9, 2014, several same-sex couples residing in North Carolina filed a lawsuit in the U.S. District Court for the Middle District of North Carolina under 42 U.S.C. § 1983 against the state of North Carolina. The plaintiffs, represented by the American Civil Liberties Union (ACLU) and private counsel, asked the court to declare that North Carolina's ban on same-sex is unconstitutional, declare North Carolina laws prohibiting joint adoption by same-sex couples are also unconstitutional, e…

On April 9, 2014, several same-sex couples residing in North Carolina filed a lawsuit in the U.S. District Court for the Middle District of North Carolina under 42 U.S.C. § 1983 against the state of North Carolina. The plaintiffs, represented by the American Civil Liberties Union (ACLU) and private counsel, asked the court to declare that North Carolina's ban on same-sex is unconstitutional, declare North Carolina laws prohibiting joint adoption by same-sex couples are also unconstitutional, enjoin the state from enforcing any of its laws banning same-sex marriage, direct the state to recognize same-sex marriages entered into in other states, and award the plaintiffs costs of suit and reasonable attorney's fees.

The plaintiffs alleged that their rights under the Due Process Clause and Equal Protection Clause were violated by North Carolina's laws banning same-sex marriage. They also claimed that the laws interfered with the structure of their families because same-sex couples could not participate in second parent adoption.

On June 2, 2014, the Court (Magistrate Judge Joi Elizabeth Peake) granted a petition that allowed one of the plaintiffs to prosecute this civil action on behalf of her minor child. That same day, the Court stayed further proceedings in this case pending a ruling by the Court of Appeals for the Fourth Circuit in Bostic v. Schaefer, which also challenged a state's ban on same-sex marriage. On June 24, 2014, this case was reassigned to Chief Judge William L. Osteen.

The Fourth Circuit's July 28, 2014 ruling in Bostic held that the Virginia Marriage Laws violated the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the extent that they prevent same-sex couples from marrying and prohibit Virginia from recognizing same-sex couples' lawful out-of-state marriages. 760 F.3d 352 (4th Cir. 2014). On August 27, 2014, the proceedings in this case were further stayed pending the determination of the Supreme Court whether to grant a petition for writ of certiorari in Bostic.

After the Supreme Court denied certiorari review in Bostic, Judge Osteen issued an order on October 6, 2014, finding that it appeared the plaintiffs were entitled to an order granting the pending motions for preliminary injunction in light of the Fourth Circuit's mandate, but that at least two issues remained for the court's resolution: (i) what further action by the court was necessary with respect to those issues arguably

resolved by Bostic, and (ii) resolution of the adoption laws at issue in the case. On October 8, 2014, Judge Osteen lifted the stay in the case and denied all prior pending motions, except the motion for preliminary injunction, as moot. The order also dismissed the North Carolina Attorney General as a defendant and allowed the State of North Carolina to intervene. The plaintiffs filed a motion for judgment on the pleadings that same day.

The Speaker of the North Carolina House of Representatives and the President Pro Tempore of the North Carolina Senate filed motions to intervene. On October 14, 2014, Judge Osteen permitted their intervention, noting that it would preserve their right to appeal, but overruled their objections to the court's jurisdiction and to the application of Bostic.

In an October 14, 2014 order, the court declared North Carolina Const. art. XIV,

§ 6, N.C. Gen. Stat. § 51-1, and N.C. Gen. Stat. § 51-1.2 unconstitutional to the extent that those laws prevent same-sex couples from marrying and prohibit the State of North Carolina from recognizing same-sex couples’ lawful out-of-state marriages. 14 F. Supp. 3d 695 (M.D. NC 2014). The order enjoined the State of North Carolina and its officers, agents, and employees from implementing or enforcing any of the above-mentioned provisions. The plaintiffs' claims concerning North Carolina's adoption laws, as well as the pending motion for preliminary injunction, were dismissed without prejudice as moot.

Speaker of the NC House of Representatives and President Tempore of the NC Senate, intervenors in this action, appealed the order on November 6, 2014. The plaintiffs filed a notice of cross-appeal on November 14, 2014, seeking dismissal of the legislative intervenors' appeal by appealing the order granting the motion for intervention.

On December 4, 2015, the cross appeals were consolidated before the Fourth Circuit. On February 10, 2015, the Fourth Circuit placed the case in abeyance pending the US Supreme Court's decision in Obergefell v. Hodges. On June 26, 2015, the Supreme Court's Obergefell decision held that state bans on same-sex marriage violate the 14th Amendment. The Supreme Court denied the intervenors' petition for a writ of certiorari, resulting in a mandate from the Fourth Circuit on August 12, 2015. This denial left intact the judgment in the plaintiffs' favor of October 8, 2014, rendering the plaintiffs the prevailing party for purposes of recovering attorney's fees under 42 U.S.C. § 1988.

The plaintiffs filed a motion for attorney's fees on October 13, 2015. The plaintiffs reached a settlement agreement with the legislative intervenors for $44,501.36 on October 21, 2015. Though certain administrative errors prolonged the resolution of the remaining fees, the court granted the plaintiffs' motions for attorney's fees and costs against the defendants on July 25, 2018 in the amount of $169,656.25. As of August 9, 2018, it does not appear that either party filed an objection to this order during the 10-day stay on the attorney's fees for the filing of objections, and it does not seem that there are any further matters to be resolved in this case.

Summary Authors

Megan Dolan (7/2/2014)

Sarah McDonald (8/8/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5074115/parties/gerber-v-cooper/


Judge(s)
Attorney for Plaintiff

Beeney , Garrard R (New York)

Brook, Christopher (North Carolina)

Castleman, David A (New York)

Attorney for Defendant

Barnett, Michael J. (North Carolina)

BRITO, OLGA E. (North Carolina)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:14-cv-00299

Docket [PACER]

July 25, 2018

July 25, 2018

Docket
1

1:14-cv-00299

Complaint

April 9, 2014

April 9, 2014

Complaint
49

1:14-cv-00299

Recommendation of United States Magistrate Judge

June 2, 2014

June 2, 2014

Order/Opinion
63

1:14-cv-00299

Order

Aug. 27, 2014

Aug. 27, 2014

Order/Opinion
66

1:14-cv-00589

Order

Oct. 6, 2014

Oct. 6, 2014

Order/Opinion
71

1:14-cv-00299

Order

Oct. 6, 2014

Oct. 6, 2014

Order/Opinion
90

1:14-cv-00299

Order

Oct. 14, 2014

Oct. 14, 2014

Order/Opinion
91

1:14-cv-00299

Order

Oct. 14, 2014

Oct. 14, 2014

Order/Opinion
110

1:14-cv-00299

Notice of Stipulation and Settlement Agreement as to Costs, Attorney's Fees and Costs

Oct. 21, 2015

Oct. 21, 2015

Settlement Agreement
125

1:14-cv-00299

Memorandum Opinion and Order

July 25, 2018

July 25, 2018

Order/Opinion

Resources

Resources related to this case
Title Description External URL Date / External URL

Gerber and Berlin v. Cooper - Freedom to Marry in North Carolina

The ACLU's page for the case. June 2, 2014

June 2, 2014

https://www.aclu.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5074115/gerber-v-cooper/

Last updated April 8, 2025, 12:12 p.m.

ECF Number Date Description Link
April 9, 2014

Motion Referred: re: 11 MOTION to Expedite, to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly) (Entered: 04/09/2014)

PACER
April 9, 2014

CASE REFERRED to Standing Order 30 (Powell, Gloria) (Entered: 04/09/2014)

PACER
1 April 9, 2014

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0418-1491388.), filed by Christina Ginter-Mejia, Lyn McCoy, Pearl Berlin, Jane Blackburn, Ellen W Gerber, Esmeralda Mejia.(SASSER, JONATHAN) (Entered: 04/09/2014)

Clearinghouse
2 April 9, 2014

Motion for Guardian Ad Litem re 1 Complaint filed by Plaintiffs Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia. (Attachments: # 1 Text of Proposed Order)(SASSER, JONATHAN) Modified on 6/2/2014 to correct event used (Garrett, Kim). (Entered: 04/09/2014)

RECAP
3 April 9, 2014

MOTION for Preliminary Injunction by Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia. Responses due by 5/5/2014 (SASSER, JONATHAN) (Entered: 04/09/2014)

RECAP
4 April 9, 2014

BRIEF re 3 MOTION for Preliminary Injunction by Plaintiffs Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia filed by Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia. (SASSER, JONATHAN) (Entered: 04/09/2014)

RECAP
5 April 9, 2014

AFFIDAVIT in Support re 3 MOTION for Preliminary Injunction filed by Ellen W Gerber. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

RECAP
6 April 9, 2014

AFFIDAVIT in Support re 3 MOTION for Preliminary Injunction filed by Pearl Berlin. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

RECAP
7 April 9, 2014

AFFIDAVIT in Support re 3 MOTION for Preliminary Injunction filed by Lyn McCoy. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

RECAP
8 April 9, 2014

AFFIDAVIT in Support re 3 MOTION for Preliminary Injunction filed by Jane Blackburn. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

RECAP
9 April 9, 2014

AFFIDAVIT in Support re 3 MOTION for Preliminary Injunction filed by Esmeralda Mejia. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

RECAP
10 April 9, 2014

AFFIDAVIT in Support re 3 MOTION for Preliminary Injunction filed by Christina Ginter-Mejia. Replies due by 4/28/2014. (SASSER, JONATHAN) (Entered: 04/09/2014)

RECAP
11 April 9, 2014

MOTION to Expedite by Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia. (Attachments: # 1 Text of Proposed Order)(SASSER, JONATHAN) (Entered: 04/09/2014)

RECAP
12 April 9, 2014

BRIEF re 11 MOTION to Expedite by Plaintiffs Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia filed by Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia. (SASSER, JONATHAN) (Entered: 04/09/2014)

RECAP
13 April 9, 2014

NOTICE of Appearance by attorney JEREMY M. FALCONE on behalf of Plaintiffs Pearl Berlin, Jane Blackburn, Ellen W Gerber, Christina Ginter-Mejia, Lyn McCoy, Esmeralda Mejia (FALCONE, JEREMY) (Entered: 04/09/2014)

RECAP
April 9, 2014

Motion Referred: re: 11 MOTION to Expedite, to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly)

April 9, 2014

CASE REFERRED to Standing Order 30 (Powell, Gloria)

April 10, 2014

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Garland, Leah) (Entered: 04/10/2014)

PACER
14 April 10, 2014

Summons Issued as to AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH, DONNA HICKS SPENCER, JEFF THIGPEN. (Attachments: # 1 Summons to Jeff Thigpen, # 2 Summons to Donna Hicks Spencer, # 3 Summons to John W. Smith, # 4 Summons to Al Jean Bogle) (Garland, Leah) (Entered: 04/10/2014)

RECAP
15 April 10, 2014

Notice of Right to Consent. Counsel shall serve the attached form on all parties. (Garland, Leah) (Entered: 04/10/2014)

RECAP
April 10, 2014

CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Garland, Leah)

April 11, 2014

Reset Response Deadline as to 3 MOTION FOR PRELIMINARY INJUNCTION: Responses due by 4/28/2014. (See 16 Order for Court's ruling.) (Lloyd, Donna) (Entered: 04/11/2014)

PACER
16 April 11, 2014

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 4/11/2014, that Plaintiffs' Motion to Expedite Briefing (doc. 11 ) is GRANTED IN PART to the extent that Defendants' response to Plaintiffs' Motion for Preliminary Injunction must be filed on or before April 28, 2014, and Plaintiffs' reply must be filed on or before May 5, 2014. As noted above, the briefs should specifically address whether consideration of Plaintiffs' Motion for Preliminary Injunction should be stayed pending the Fourth Circuit's decision in Bostic v. Schaefer, Case No. 14-1167 (4th Cir. 2014). (Lloyd, Donna) (Entered: 04/11/2014)

RECAP
April 11, 2014

Reset Response Deadline as to 3 MOTION FOR PRELIMINARY INJUNCTION: Responses due by 4/28/2014. (See 16 Order for Court's ruling.) (Lloyd, Donna)

17 April 14, 2014

NOTICE of Appearance by attorney CHRISTOPHER A. BROOK on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA (BROOK, CHRISTOPHER) (Entered: 04/14/2014)

RECAP
April 15, 2014

Answer as to ROY COOPER due 5/6/2014; Answer as to JOHN W. SMITH due 5/6/2014. (Lloyd, Donna) (Entered: 04/16/2014)

PACER
18 April 15, 2014

ACCEPTANCE OF SERVICE of summons and complaint by counsel on behalf of ROY COOPER and JOHN W. SMITH on 04/15/2014. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 04/15/2014)

RECAP
19 April 15, 2014

NOTICE of Appearance by attorney OLGA E. VYSOTSKAYA DE BRITO on behalf of Defendants ROY COOPER, JOHN W. SMITH. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 04/15/2014)

RECAP
April 15, 2014

Answer as to ROY COOPER due 5/6/2014; Answer as to JOHN W. SMITH due 5/6/2014. (Lloyd, Donna)

20 April 16, 2014

NOTICE of Appearance by attorney JOHN MARK PAYNE on behalf of Defendant JEFF THIGPEN (PAYNE, JOHN) (Entered: 04/16/2014)

RECAP
21 April 16, 2014

NOTICE of Appearance by attorney CHARLES GIBSON WHITEHEAD on behalf of Defendant ROY COOPER (WHITEHEAD, CHARLES) (Entered: 04/16/2014)

RECAP
22 April 16, 2014

NOTICE of Appearance by attorney CHARLES GIBSON WHITEHEAD on behalf of Defendant JOHN W. SMITH (WHITEHEAD, CHARLES) (Entered: 04/16/2014)

RECAP
23 April 17, 2014

MOTION TO STAY PROCEEDINGS - EXPEDITED REVIEW REQUESTED by ROY COOPER, JOHN W. SMITH. Responses due by 5/12/2014. (VYSOTSKAYA DE BRITO, OLGA) Modified on 4/18/2014 to edit text. (Lloyd, Donna) (Entered: 04/17/2014)

RECAP
24 April 17, 2014

BRIEF IN SUPPORT OF 23 MOTION TO STAY PROCEEDINGS - EXPEDITED REVIEW REQUESTED. (VYSOTSKAYA DE BRITO, OLGA) Modified on 4/18/2014 to edit text. (Lloyd, Donna) (Entered: 04/17/2014)

RECAP
25 April 17, 2014

Additional Attachment to 24 BRIEF IN SUPPORT OF 23 MOTION TO STAY PROCEEDINGS - EXPEDITED REVIEW REQUESTED. (VYSOTSKAYA DE BRITO, OLGA) Modified on 4/18/2014 to edit text. (Lloyd, Donna) (Entered: 04/17/2014)

RECAP
26 April 21, 2014

NOTICE of Appearance by attorney AMY E. RICHARDSON on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (RICHARDSON, AMY) (Entered: 04/21/2014)

RECAP
April 23, 2014

Telephone Notice on 4/23/2014 to Counsel for Defendant Olga DeBrito re: submission of a proposed order for 23 Motion to Stay Proceedings. (Williamson, Wanda)

April 24, 2014

Motion Referred: re: 23 MOTION to Stay (Expedited Review Requested) to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly) (Entered: 04/24/2014)

PACER
27 April 24, 2014

NOTICE of Appearance by attorney OLGA E. VYSOTSKAYA DE BRITO on behalf of Defendant AL JEAN BOGLE (VYSOTSKAYA DE BRITO, OLGA) (Entered: 04/24/2014)

RECAP
April 24, 2014

Motion Referred: re: 23 MOTION to Stay (Expedited Review Requested) to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly)

April 25, 2014

TEXT ORDER by MAG/JUDGE JOI ELIZABETH PEAKE on 04/25/14. The Court will consider the State Defendants' 23 Motion to Stay Proceedings after the Plaintiffs have had an opportunity to respond and the matter has been fully briefed.(Garrett, Kim) (Entered: 04/25/2014)

PACER
28 April 25, 2014

NOTICE of Appearance by attorney DAVID WALLACE HOOD on behalf of Defendant DONNA HICKS SPENCER. (HOOD, DAVID) (Entered: 04/25/2014)

RECAP
29 April 25, 2014

NOTICE of Appearance by attorney MICHAEL J. BARNETT on behalf of Defendant DONNA HICKS SPENCER. (BARNETT, MICHAEL) (Entered: 04/25/2014)

RECAP
30 April 25, 2014

MOTION to Stay Proceedings by DONNA HICKS SPENCER. Responses due by 5/19/2014. (HOOD, DAVID) (Entered: 04/25/2014)

RECAP
31 April 25, 2014

BRIEF IN SUPPORT OF 30 MOTION to Stay Proceedings by filed by DONNA HICKS SPENCER. (HOOD, DAVID) (Entered: 04/25/2014)

RECAP
April 25, 2014

TEXT ORDER by MAG/JUDGE JOI ELIZABETH PEAKE on 04/25/14. The Court will consider the State Defendants' 23 Motion to Stay Proceedings after the Plaintiffs have had an opportunity to respond and the matter has been fully briefed.(Garrett, Kim)

32 April 28, 2014

RESPONSE in Opposition to 3 MOTION for Preliminary Injunction filed by DONNA HICKS SPENCER. Replies due by 5/5/2014. (HOOD, DAVID) Modified on 4/29/2014 to correct reply deadline. See 16 Order. (Lloyd, Donna) (Entered: 04/28/2014)

RECAP
33 April 28, 2014

RESPONSE in Opposition to 3 MOTION for Preliminary Injunction filed by AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH. Replies due by 5/5/2014. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 04/28/2014)

RECAP
April 29, 2014

Reset Reply Deadline to 32 RESPONSE to 3 MOTION for Preliminary Injunction: Replies due by 5/5/2014. (See 16 Order.) (Lloyd, Donna) (Entered: 04/29/2014)

PACER
April 29, 2014

Reset Reply Deadline to 32 RESPONSE to 3 MOTION for Preliminary Injunction: Replies due by 5/5/2014. (See 16 Order.) (Lloyd, Donna)

May 2, 2014

ORDER granting 34 Motion for Extension of Time to Answer for JEFF THIGPEN. Answer due by 6/2/2014. Signed by John Brubaker, Clerk of Court, on 5/2/2014. (Brubaker, John) (Entered: 05/02/2014)

PACER
34 May 2, 2014

MOTION for Extension of Time to File Answer by JEFF THIGPEN. (Attachments: # 1 Text of Proposed Order)(PAYNE, JOHN) (Entered: 05/02/2014)

RECAP
May 2, 2014

ORDER granting 34 Motion for Extension of Time to Answer for JEFF THIGPEN. Answer due by 6/2/2014. Signed by John Brubaker, Clerk of Court, on 5/2/2014. (Brubaker, John)

35 May 5, 2014

NOTICE of Change of Address by AMY E. RICHARDSON (RICHARDSON, AMY) (Entered: 05/05/2014)

RECAP
36 May 5, 2014

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' 3 MOTION FOR PRELIMINARY INJUNCTION AND IN OPPOSITION TO DEFENDANTS' 23 MOTION TO STAY filed by PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (RICHARDSON, AMY) Modified on 5/7/2014 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 05/05/2014)

RECAP
37 May 6, 2014

STATE DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' 1 COMPLAINT filed by AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH. Responses due by 5/30/2014. (VYSOTSKAYA DE BRITO, OLGA) Modified on 5/7/2014 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 05/06/2014)

RECAP
38 May 6, 2014

STATE DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF 37 MOTION TO DISMISS PLAINTIFFS' 1 COMPLAINT. (VYSOTSKAYA DE BRITO, OLGA) Modified on 5/7/2014 to edit text to accurately reflect document title. (Lloyd, Donna) (Entered: 05/06/2014)

RECAP
39 May 8, 2014

Suggestion of Subsequently Decided Authority by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (Attachments: # 1 Exhibit 1 - Baskin v. Bogan)(RICHARDSON, AMY) Modified on 5/9/2014 to remove duplicate text. (Lloyd, Donna) (Entered: 05/08/2014)

RECAP
40 May 12, 2014

NOTICE of Appearance by attorney GARRARD R. BEENEY on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA (BEENEY, GARRARD) (Entered: 05/12/2014)

RECAP
41 May 21, 2014

Notice to Parties RE: SO30. Responses due by 6/23/2014 (Winchester, Robin) (Entered: 05/21/2014)

RECAP
42 May 21, 2014

Suggestion of Subsequently Decided Authority re 36 Memorandum by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (Attachments: # 1 Exhibit 1- Evans v. Utah) (RICHARDSON, AMY) (Entered: 05/21/2014)

RECAP
43 May 21, 2014

Suggestion of Subsequently Decided Authority re 36 Memorandum by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (Attachments: # 1 Exhibit 1- Gieger v. Kitzhaber) (RICHARDSON, AMY) (Entered: 05/21/2014)

RECAP
44 May 21, 2014

Suggestion of Subsequently Decided Authority re 36 Memorandum by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (Attachments: # 1 Exhibit 1- Whitewood v. Kitzhaber) (RICHARDSON, AMY) (Entered: 05/21/2014)

RECAP
45 May 22, 2014

REPLY to 36 RESPONSE IN OPPOSITION TO 23 MOTION TO STAY PROCEEDINGS filed by AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH. (Attachments: # 1 Exhibit A - McCrory v. State, # 2 Exhibit B - Latta v. Otter) (VYSOTSKAYA DE BRITO, OLGA) Modified on 5/27/2014 to edit text. (Lloyd, Donna) (Entered: 05/22/2014)

RECAP
May 23, 2014

Motions Referred: re: 3 MOTION for Preliminary Injunction, 23 MOTION to Stay Expedited Review Requested to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly) (Entered: 05/23/2014)

PACER
May 23, 2014

Motions Referred: re: 3 MOTION for Preliminary Injunction, 23 MOTION to Stay Expedited Review Requested to MAG/JUDGE JOI ELIZABETH PEAKE (Welch, Kelly)

46 May 27, 2014

NOTICE of Appearance by attorney WILLIAM R. A. KLEYSTEUBER on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (KLEYSTEUBER, WILLIAM) (Entered: 05/27/2014)

RECAP
47 May 27, 2014

NOTICE of Appearance by attorney DAVID A. CASTLEMAN on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (CASTLEMAN, DAVID) (Entered: 05/27/2014)

RECAP
48 May 30, 2014

ANSWER to 1 Complaint by JEFF THIGPEN. (PAYNE, JOHN) (Entered: 05/30/2014)

RECAP
June 2, 2014

Motions Referred: RE: 2 MOTION for Guardian Ad Litem to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim) (Entered: 06/02/2014)

PACER
49 June 2, 2014

RECOMMENDATION signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/2/2014, that the Motions to Stay [Doc. # 23, # 30 ] be GRANTED, that all proceedings in this case, including consideration of Defendants' pending Motion to Dismiss and Plaintiffs' Motion for Preliminary Injunction, be stayed pending the Fourth Circuit's decision in Bostic v. Schaefer, Case No. 14-1167 (4th Cir. 2014), and that the parties be directed to notify the Court in writing of their position on the course of future proceedings within 10 days following issuance of a decision by the Court of Appeals for the Fourth Circuit in Bostic. (Butler, Carol) (Entered: 06/02/2014)

Clearinghouse
50 June 2, 2014

Notice of Mailing Recommendation. Objections to R&R due by 6/19/2014. (Butler, Carol) (Entered: 06/02/2014)

RECAP
51 June 2, 2014

ORDER signed by MAG/JUDGE JOI ELIZABETH PEAKE on 6/2/2014, that the Petition [Doc. # 2 ] is GRANTED to the extent that Christina Ginter-Mejia is authorized to prosecute this civil action on behalf of minor J. G.-M. (Butler, Carol) (Entered: 06/02/2014)

RECAP
June 2, 2014

Motions Referred: RE: 2 MOTION for Guardian Ad Litem to MAG/JUDGE JOI ELIZABETH PEAKE (Garrett, Kim)

52 June 13, 2014

OBJECTION TO 49 RECOMMENDED RULING - MAGISTRATE JUDGE filed by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. Response to Objections to R&R due by 6/30/2014. (RICHARDSON, AMY) Modified on 6/16/2014 to edit text. (Lloyd, Donna) (Entered: 06/13/2014)

RECAP
53 June 16, 2014

ANSWER to 1 Complaint entitled "DEFENDANT CATAWBA COUNTY REGISTER OF DEEDS' ANSWER AND AFFIRMATIVE DEFENSES" filed by DONNA HICKS SPENCER. (HOOD, DAVID) Modified on 6/16/2014 to edit text. (Lloyd, Donna) (Entered: 06/16/2014)

RECAP
June 24, 2014

Case Reassigned to CHIEF JUDGE WILLIAM L. OSTEEN JR. UNASSIGNED no longer assigned to the case. (Powell, Gloria) (Entered: 06/24/2014)

PACER
June 24, 2014

Case Reassigned to CHIEF JUDGE WILLIAM L. OSTEEN JR. UNASSIGNED no longer assigned to the case. (Powell, Gloria)

54 June 30, 2014

RESPONSE TO 49 OBJECTION to 52 RECOMMENDATION filed by AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 06/30/2014)

RECAP
July 10, 2014

CASE REFERRED re: 49 RECOMMENDED RULING − MAGISTRATE JUDGE to CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly) (Entered: 07/10/2014)

PACER
July 10, 2014

CASE REFERRED re: 49 RECOMMENDED RULING - MAGISTRATE JUDGE to CHIEF JUDGE WILLIAM L. OSTEEN JR. (Welch, Kelly)

55 July 30, 2014

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 7/30/2014, that: (1) The parties shall file briefs within fourteen (14) days of the date of this Order stating their respective positions on the course of future proceedings in this action; (2) The briefs shall further address the extent to which Bostic v. Schaefer, Nos. 14-1167, 14-1169, 14-1173, ____ F.3d ____, 2014 WL 3702493 (4th Cir. 2014), applies or does not apply to the challenged North Carolina constitutional and statutory provisions; (3) Each party's brief shall be limited to fifteen (15) pages although two or more parties may file a joint brief (also limited to fifteen (15) pages); (4) No response briefing pursuant to this Order is required or permitted; and (5) This Order shall not affect any pending deadlines in this action. (Butler, Carol) (Entered: 07/30/2014)

RECAP
56 Aug. 6, 2014

BRIEF re 55 Order, of Defendant Catawba County Register of Deeds' Brief Stating Her Position on the Course of Future Proceedings Following the Decision of the Court of Appeals for the Fourth Circuit in BOSTIC v. SCHAEFER filed by DONNA HICKS SPENCER. (HOOD, DAVID) (Entered: 08/06/2014)

RECAP
57 Aug. 13, 2014

State Defendants' BRIEF re 55 Order, . (VYSOTSKAYA DE BRITO, OLGA) (Entered: 08/13/2014)

RECAP
58 Aug. 13, 2014

RESPONSE re 55 Order, of July 30, 2014 filed by PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. Replies due by 9/2/2014. (RICHARDSON, AMY) (Entered: 08/13/2014)

RECAP
59 Aug. 13, 2014

BRIEF entitled "DEFENDANT JEFF THIGPEN'S BRIEF ON THE GUILFORD COUNTY REGISTER OF DEED'S POSITION ON THE COURSE OF FUTURE PROCEEDINGS FOLLOWING THE DECISION OF THE COURT OF APPEALS FOR THE FOURTH CIRCUIT IN BOSTIC v. SCHAEFER" filed by JEFF THIGPEN. (PAYNE, JOHN) (Entered: 08/13/2014)

RECAP
60 Aug. 14, 2014

NOTICE of Intent to File Dispositive Motions by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA (RICHARDSON, AMY) (Entered: 08/14/2014)

RECAP
61 Aug. 25, 2014

NOTICE of Appearance by attorney ROSE A. SAXE on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA (SAXE, ROSE) (Entered: 08/25/2014)

RECAP
62 Aug. 26, 2014

NOTICE of Appearance by attorney ELIZABETH O. GILL on behalf of Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA (GILL, ELIZABETH) (Entered: 08/26/2014)

RECAP
Aug. 27, 2014

Case Stayed Associated Cases: 1:12−cv−00589−WO−JEP, 1:14−cv−00299−WO−JEP(Powell, Gloria) (Entered: 09/15/2014)

PACER
63 Aug. 27, 2014

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 8/27/2014. This court has conducted a de novo review of the matters to which objections were made and finds that the Recommendations should be adopted and these matters stayed. In light of the Supreme Court's stay of the Fourth Circuit's mandate, this court modifies the Recommendations to stay these matters pending termination of the stay granted in McQuigg v. Bostic, No. 14A196 (Fourth Circuit Case No. 14-1167). The parties are directed to notify this court within twenty (20) days of the denial of the petition for a writ of certiorari or the sending down of the judgment of the Supreme Court. Associated Cases: 1:14-cv-00299-WO-JEP. (Butler, Carol) (Entered: 08/27/2014)

Clearinghouse
Aug. 27, 2014

Case Stayed Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP(Powell, Gloria)

64 Sept. 10, 2014

MOTION for Reconsideration re 63 Order on Report and Recommendations,, by PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. Responses due by 10/6/2014 (RICHARDSON, AMY) (Entered: 09/10/2014)

RECAP
65 Sept. 10, 2014

MEMORANDUM filed by Plaintiffs PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA re 64 MOTION for Reconsideration re 63 Order on Report and Recommendations,, filed by PEARL BERLIN, JANE BLACKBURN, ELLEN W. GERBER, CHRISTINA GINTER-MEJIA, LYN MCCOY, ESMERALDA MEJIA. (Attachments: # 1 Exhibit A,)(RICHARDSON, AMY) (Entered: 09/10/2014)

RECAP
66 Oct. 6, 2014

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 10/6/2014, as set out herein. (Butler, Carol) (Entered: 10/06/2014)

RECAP
67 Oct. 7, 2014

STATUS REPORT by DAVID L. CHURCHILL, ROY COOPER, ARCHIE L. SMITH, III, JOHN W. SMITH, AL JEAN BOGLE. Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP(VYSOTSKAYA DE BRITO, OLGA) (Entered: 10/07/2014)

RECAP
68 Oct. 7, 2014

STATUS REPORT by TERRI BECK, LEE KNIGHT CAFFERY, SHANA CARIGNAN, DANA DRAA, CHANTELLE FISHER-BORNE. Associated Cases: 1:12-cv-00589-WO-JEP, 1:14-cv-00299-WO-JEP(RICHARDSON, AMY) (Entered: 10/07/2014)

RECAP
69 Oct. 8, 2014

Consent MOTION to Amend Case Caption and to Intervene by ROY COOPER. Responses due by 11/3/2014 (VYSOTSKAYA DE BRITO, OLGA) (Entered: 10/08/2014)

RECAP
70 Oct. 8, 2014

STATE DEFENDANTS' ANSWER to 1 Complaint by AL JEAN BOGLE, ROY COOPER, JOHN W. SMITH. (VYSOTSKAYA DE BRITO, OLGA) (Entered: 10/08/2014)

RECAP
71 Oct. 8, 2014

ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 10/8/2014, that the stay is lifted and State Defendant's shall file an Answer to Plaintiffs' First Amended Complaint in 1:12CV589 (Doc. 40 ) and to Plaintiffs' Complaint in 1:14CV299 (Doc. 1 ).FURTHER that pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure, the consent motions of Plaintiff's and Defendant Roy Cooper to amend the caption of the First Amended Complaint to dismiss Mr. Cooper as a Party-Defendant is GRANTED. (Doc. 68 in 1:12CV589; Doc. 69 in 1:14CV299.) The motion for Mr. Cooper to intervene pursuant to Rule 24 of the Federal Rules of Civil Procedure is GRANTED, and Mr. Cooper shall appear in this matter, in a representative capacity, as an Intervenor on behalf of the State of North Carolina for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality of North Carolinas statutes and constitutional amendment challenged in this action. FURTHER that all prior pending motions (Docs. 63, 65, 84, and 109 in 1:12CV589; Docs. 23, 30, 37, and 64 in 1:14CV299), except the motions for preliminary injunction, in each of these cases are DENIED AS MOOT. Upon the filing of an Answer in each of these cases by the State Defendant's, Plaintiffs may file any motions they deem appropriate without necessity of an accompanying brief. This court will review the filed pleadings in light of the prior briefs, status reports, and orders of this court. (Butler, Carol) (Entered: 10/08/2014)

Clearinghouse

Case Details

State / Territory:

North Carolina

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

Same-Sex Marriage

Key Dates

Filing Date: April 9, 2014

Closing Date: July 25, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three same-sex families who are residents of North Carolina.

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

State of North Carolina

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:

Middle District of North Carolina 1:14-cv-00299

Middle District of North Carolina 1:14-cv-00589

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

Attorneys fees

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: 214,157.61

Issues

General/Misc.:

Adoption

Marriage

Discrimination Basis:

Sex discrimination

Sexual orientation

Affected Sex/Gender(s):

Female

Male

Recommended Citation