Jernigan v. Crane (Rita & Pam Jernigan et al. v. Crane et al.)

Case Number: 15-1022 (8th Circuit); 4:13−cv−00410−KGB (Federal District Court)
Court Level: 8th Circuit Court of Appeals - On Hold
Date Filed: 15 July 2013
Date of Appeal: December 2014

Description:

• A federal lawsuit was filed for 2 unmarried female couples and 1 already married male couple who seek same-sex civil marriages in AR. 
• 21 November 2013 the defendants responded and moved to dismiss the case.
• 14 February 2014 the plaintiffs filed their opposition to the motion to dismiss.
• 16 July 2014, the plaintiffs filed a Motion For Summary Judgment.
• 17 October 2014, a stay was denied as moot.
• 20 October 2014, a motions hearing was scheduled for 20 November 2014 at 1:30pm CT in Little Rock.
• 18 November 2014, the plaintiffs filed a Notice of Supplemental Authority.
• 19 November 2014, the plaintiffs filed an additional Notice of Supplemental Authority.
• 20 November 2014, report on today's hearing in federal court in this news story. Note: The reference to South Dakota's ban having been struck down is an error. The minute entry was docket text only: "(This is a TEXT ENTRY ONLY. There is no pdf document associated with this entry.) Minute Entry for proceedings held before Judge Kristine G. Baker: Motion Hearing held on 11/20/2014 re 24 MOTION for Summary Judgment filed by Plaintiffs, 17 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Dustin McDaniel, Richard Weiss, George Hopkins. Present for the Plaintiffs J. Wagoner, A. Mann, C. Maples, and K. Pike; Present for the Defendants N. Mahfouz, D. Fuqua and J. Cordi. After arguments by the parties, the Court took the matter under advisement. A separate order will follow. (Court Reporter Elaine Hinson.) (tmw) (Entered: 11/20/2014)"
• 25 November 2014, U.S. District Judge Kristine G. Baker struck down the Arkansas marriage ban! Woot! Her ruling is stayed until final resolution of any appeal to the 8th Circuit.
• 12 December 2014, the plaintiffs filed a Motion for Separate Attorneys' Fees and Costs. They also filed a Motion for extension of time to file the motion as they'd missed the deadline missed.
• 22 December 2014, defendant Pulaski County Clerk Larry Crane filed his Response to plaintiffs' motion for attorney fees and costs, as well as a brief in support of his response.
• 7 January 2015, the Briefing Schedule was set in the 8th Circuit appeal. Opening Brief due 17 February 2015. Briefing due to be completed by early April 2015.
• 3 February 2015, In a docket text order, the 8th Circuit:
  - Granted the motion to expedite the South Dakota appeal and set a briefing schedule
  - Indicated its intention to set oral arguments in Rosenbrahn, Jernigan, and Lawson for the week of 11-15 May 2015.
  "CLERK ORDER: [4240177-2] [4240177-3] [4240658] [15-1186] The parties' joint motion to expedite this appeal is granted. The parties shall observe the briefing schedule set forth at paragraph 11 of the motion: Appellant's brief, addendum, and appendix due February 27, 2015; Appellees' brief and addendum due March 19, 2015; Appellant's reply brief due April 2, 2015. It is the court's intention to set the three same-sex marriage cases (No. 14-3779 Lawson v. State of Missouri; No. 15-1022 Jernigan v. McDaniel; and No. 15-1186 Rosenbrahn v. Daugaard) for oral argument during the week of May 11-15, 2015 in Omaha, NE. The parties will be advised of the date and time of the arguments when the May calendar is established."
• 17 February 2015, the Defendant-Appellants' filed their Opening Brief and an Addendum to the brief.
• 18 February 2015, the plaintiffs submitted an Expedited Motion asking the federal court to vacate the stay, and a brief in support of the motion. There is also a request pending in state court as to the stay of the state court ruling.
• 20 February 2015, the plaintiffs filed an Amended Motion and Brief asking to lift the stay.
• 24 February 2015, the Court issued an Order directing the defendants to respond to the motion to lift the stay by Monday, 2 March 2015.
• 2 March 2015, the State defendants filed their Opposition to lifting the stay.
• 4 March 2015, an Order was issued denying the plaintiffs' motion to lift the stay. Following this order, the Attorney General filed notice of the order with the 8th Circuit saying, "Accordingly, there is no need for a stay from this Court at this time."
• 20 March 2015, the plaintiffs filed their brief.
• 8th Circuit Calendar for May 11-15, 2015: 8th Circuit marriage cases listed on page 3.
• 29 April 2015, the Court, of its own accord, put the 8th Circuit oral arguments and all further proceedings on hold until SCOTUS rules in the marriage cases.
• 8 July 2015, the defendants filed their Suggestion of Mootness and Motion to Vacate the District Court’s Order and Judgment.
• 20 July 2015, the plaintiffs filed their Opposition to Motion to Dismiss and Vacate Judgment.

Smith v. Wright

Case #: CV-14-427
Court Level: AR Supreme Court
Date Filed: 3 July 2013
Date of Appeal:

Description:

• A group of Arkansas county clerks filed their own petition for a stay in Wright et al. v. Arkansas (below), claiming that while Judge Piazza's ruling in that case overturned the state's constitutional ban on marriage equality, it did not address the state's statutory ban, therefore causing confusion and uncertainty.
• So, this is very confusing. The original state case is named Wright et al. v. Arkansas (see immediately below), but when the state appealed to the Arkansas Supreme Court it caused the name to switch. Smith, the Interim Director of the Arkansas Dept. of Health, is listed first in the case. Updates are being listed under Wright et al. v. Arkansas (immediately below). 
• 15 September 2014, of interest is this amicus brief filed by Bishop Anthony B. Taylor, Bishop of the Roman Catholic Diocese of Little Rock, AR. From the brief: "The Diocese has a strong interest in protecting the traditional institution of husband-wife marriage because of the religious beliefs of its members and this institution's benefit to children, families, and society." 

Many of the Arkansas plaintiffs with their lead attorney Cheryl Maple

• 23 January 2015, the Arkansas Attorney General asked for new oral arguments before the Arkansas Supreme Court because there are new justices on the court who did not hear the arguments held on 20 November 2014.
• 27 January 2015, the plaintiffs opposed the state's request for new oral argument before the Arkansas Supreme Court.
• 5 February 2015, following the state's request for new oral argument and plaintiffs' objection to the request, the Court has called for parties' responses supporting their respective positions on which justices should preside over the case. Responses due in 30 days.
• 17 February 2015, the plaintiffs asked the Arkansas Supreme Court to immediately lift the stay.
• 17 February 2015, the plaintiffs also filed their Response to the Court's Feb. 5 order addressing the issue of which justices should reside over the case.
• 17 February 2015, State's Response to February 5 Order re: which justices should preside over the case.
• 27 February 2015, the State filed its opposition to lifting the stay.
• 4 March 2015, the County Defendants join the state in opposing the plaintiffs' motion to lift the stay.
• 7 May 2015, the Arkansas Supreme Court filed their determination as to which justices should preside over the marriage case; a Concurrence in Judgment was also filed.

Wright et al. v. Arkansas (Kendall Wright et al. v. AR Governor Michael Beebe, et al.) 

NOTE: Included below are updates for Smith v. Wright (immediately above).

Case Number: 60CV-2013-2662
Court Level: Arkansas Supreme Court
Date: 2 July 2013
Appeal: 14 May 2014

Description:

• This was the first state marriage case filed following the Windsor ruling on 26 June 2013.
• The case's lead attorney is Cheryl Maples who represents 44 plaintiffs, the largest number on record to date.
• Both defendants’ motion to dismiss and plaintiffs’ motion for preliminary injunction were denied. The State then filed an answer to plaintiffs’ 3rd amended complaint.
• 26 February 2014, cross-motions for summary judgment were filed.
• 19 March 2014, cross motions for summary judgement were responded to.
• 2 April 2014, cross motions for summary judgement were replied to.
• 17 April 2014, hearing was held.
• 9 May 2014 Judge Piazza ruled that the Arkansas ban on same-sex marriages is unconstitutional.
• 14 May 2014, the state filed a petition for an emergency stay of Judge Piazza’s ruling.
• 16 May 2014, the stay was granted.
• 3 July 2014, a group of Arkansas county clerks filed their own petition for a stay with the AR Supreme Court. They claimed that while Judge Piazza's ruling in that case overturned the state's constitutional ban on marriage equality, it did not address the state's statutory ban, therefore causing confusion and uncertainty. This case is Smith v. Wright (see immediately above). Smith is the Interim Director of the Arkansas Dept. of Health.
• 30 July 2014, the Arkansas Supreme Court set 8 September 2014 as the deadline for the state's first brief in its appeal of the lower court's ruling overturning state's marriage ban.
• 10 September 2014, Supreme Court Justice Cliff Hoofman filed a recusal from considering the appeal of Judge Chris Piazza's decision striking down the state's constitutional and statutory ban on same-sex marriage. No explanation was given.
• 6 August 2014, the defendants filed a motion to stay this case. 
• 13 August 2014, the plaintiffs filed their opposition to a stay.
• 9 October 2014, The AR Supreme Court refused to delay proceedings.
• 23 October 2014, the AR Supreme Court oral arguments were set for 20 November 2014 at 9:00am CT.
• 20 November 2014, oral argument at the Arkansas Supreme Court was live broadcast - the video is now archived here, listed as CV-14-427 Nathaniel Smith, MD, MPH et al. v. M. Kendall Wright et al., from Pulaski County Circuit Court, Second Division.
• 23 January 2015, the Arkansas Attorney General asked for new oral arguments before the Arkansas Supreme Court because there are new justices on the court who did not hear the arguments held on 20 November 2014.