This case was last updated from U.S. District Courts on 06/18/2022 at 08:25:05 (UTC).

Eknes-Tucker et al v. Marshall et al

Case Summary

On 04/19/2022 Eknes-Tucker filed a Civil Right - State Statute Constitutionality lawsuit against Marshall. This case was filed in U.S. District Courts, Alabama Middle District Court. The Judges overseeing this case are Liles C. Burke and Susan Russ Walker. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:22-CV-00184

  • Filing Date:

    04/19/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - State Statute Constitutionality

Judge Details

Presiding Judge

Liles C. Burke

Referral Judge

Susan Russ Walker

 

Party Details

Plaintiffs

Paul A. Eknes-Tucker

Brianna Boe

James Zoe

Megan Poe

Kathy Noe

Jane Moe

Rachel Koe

Intervenor Plaintiff

United States of America

Defendants

Steve Marshall

Daryl D. Bailey

C. Wilson Baylock

Jessica Ventiere

Tom Anderson

Danny Carr

Amicus Curiae

State of Arkansas

State of West Virginia

State of Indiana

State of Nebraska

State of Louisiana

34 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

Brent P. Ray

Attorney at KING & SPALDING LLP

110 North Wacker Drive, Suite 3800, Suite 3800

Chicago, IL 60606

Cynthia Weaver

1640 Rhode Island Ave., Nw

Washington, DC 200036

Diego Armando Soto

Attorney at Southern Poverty Law Center

400 Washington Ave

Montgomery, AL 36104

Gilbert Oladeinbo

1180 Peachtree Street Northeast, Suite 1600

Atlanta, GA 30309

J. Andrew Pratt

1180 Peachtree Street Northeast, Suite 1600

Atlanta, GA 30309

Jeffrey P. Doss

Attorney at Lightfoot, Franklin & White LLC

The Clark Bldg - 400 20Th St N

Birmingham, AL 35203

Jennifer L. Levi

Attorney at GLBTQ Advocates & Defenders

19 Tremont Street, Suite 950

Boston, MA 02108

Jessica L. Stone

150 E. Ponce De Leon Ave., Suite 340

Decatur, GA 30030

Melody Hurdle Eagan

Attorney at Lightfoot Franklin & White LLC

400 20Th Street North; The Clark Building

Birmingham, AL 35203

Michael B. Shortnacy

Attorney at KING & SPALDING LLP

633 W 5Th Street, Suite 1600

Los Angeles, CA 90071

Misty L. Peterson

Attorney at KING & SPALDING LLP

1180 Peachtree Street Northeast, Suite 1600

Atlanta, GA 30309

Sarah Warbelow

Attorney at HUMAN RIGHTS CAMPAIGN FOUNDATION

1640 Rhode Island Ave., Nw

Washington, DC 20036

Scott D. McCoy

P.O. Box 12463

Miami, FL 33101

Abigail Hoverman Terry

Attorney at KING & SPALDING LLP

110 North Wacker Drive, Suite 3800, Suite 3800

Chicago, IL 60606

Adam Reinke

Attorney at King & Spalding

1180 Peachtree St

Atlanta, GA 30309

Amie A. Vague

Attorney at Lightfoot Franklin & White LLC

400 20Th Street North

Birmingham, AL 35203

Asaf Orr

Attorney at NATIONAL CENTER FOR LESBIAN RIGHTS

870 Market St., Suite 370

San Francisco, CA 94102

Cynthia Cheng-Wun Weaver

Attorney at Human Rights Campaign Foundation

1640 Rhode Island Ave Nw

Washington, DC 20036-3200

Gilbert Olusegun Oladeinbo

Attorney at KING & SPALDING LLP

1180 Peachtree Street Northeast, Suite 1600

Atlanta, GA 30309

James Andrew Pratt

Attorney at King & Spalding

1180 Peachtree St - Ste 1700

Atlanta, GA 30309

42 More Attorneys Available

 

Court Documents

#123

(#123) NOTICE of Appearance by Renee Michelle Williams on behalf of United States of America (Williams, Renee) (Entered: 06/16/2022)

#122

(#122) NOTICE of Appearance by Kaitlin N Toyama on behalf of United States of America (Toyama, Kaitlin) (Entered: 06/16/2022)

#121

(#121) NOTICE of Appearance by Eliza Dermody on behalf of United States of America (Dermody, Eliza) (Entered: 06/09/2022)

#120

(#120) ORDER of USCA as to #108 Notice of Appeal, filed by Jessica Ventiere, Kay Ivey, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, Danny Carr, 11th Circuit Appeal No. 22-11707-JJ: Appellants' "Unopposed Motion for Expedited Briefing and Appellate Review" is GRANTED. The Court DIRECTS the Clerk's Office to expedite the appeal for merits disposition purposes and place this appeal on the next available oral argument calendar. Briefing in this appeal shall proceed as follows: Appellants' initial brief is due by 6/27/2022, with the appendix due 7 days from the filing of the initial brief. Appellees' response briefs are due by 8/10/2022. Appellants' reply brief, if any, is due by 8/31/2022. (dmn, ) (no pdf) (Entered: 06/08/2022)

#118

(#118) ORDER of USCA addressed to Jennifer Levi as to #108 Notice of Appeal, filed by Jessica Ventiere, Kay Ivey, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, Danny Carr, 11th Circuit Appeal No. 22-11707-JJ: Jennifer Levi is permitted to appear pro hac vice in this appeal, representing the Appellees, contingent upon her payment of the $50.00 pro hac vice fee within 14 days of the date of this order. (dmn, ) (Entered: 06/06/2022)

#113

(#117) TEXT ORDER granting #113 Joint Motion to Dismiss Governor Kay Ivey. Signed by Honorable Judge Liles C. Burke on 5/31/2022. (No PDF attached to this entry) (bes, ) (Entered: 05/31/2022)

#108

(#115) TRANSCRIPT INFORMATION FORM re #108 Notice of Appeal by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere with the following notation, "All necessary transcript(s) on file." (LaCour, Edmund) Modified on 5/24/2022 to include additional text. (dmn, ) (Entered: 05/23/2022)

92 #2

Certificate of Service

8 #3

Exhibit 3 - Rosenthal Declaration

8 #8

Main Document

7 #2

Text of Proposed Order - Preliminary Injunction

7 #1

Text of Proposed Order - Temporary Restraining Order

7 #7

Main Document

#6

(#6) MOTION for Leave to File (Motion for Leave to Proceed Pseudonymously) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) (Entered: 04/20/2022)

#5

(#5) ORDER setting Status Conference for Friday, 4/22/2022, at 10:00 AM CDT in Courtroom 2F before Honorable Judge Liles C. Burke; Local counsel for Plaintiffs shall electronically serve a copy of this order on all non-local counsel for Plaintiffs and on all counsel for Defendants. Signed by Honorable Judge Liles C. Burke on 4/20/2022. (furn: calendar, dh) (wcl, ) (Entered: 04/20/2022)

#4

(#4) Case Reassigned to Honorable Judge Liles C. Burke as presiding judge; Honorable Judge R. Austin Huffaker, Jr no longer assigned to the case. (wcl, ) (Entered: 04/20/2022)

#3

(#3) ORDER: The Honorable Liles C. Burke, United States District Judge for the Northern District of Alabama, was previously assigned two cases substantially similar to the above-captioned case, both of which were voluntarily dismissed on April 15, 2022. By order of the Chief Judge of the United States Court of Appeals for the Eleventh Circuit, all United States District Judges in the State of Alabama may preside over cases in any of the State's three federal judicial districts. In accordance with that order, and by the authority of the Court to manage the district court docket, promote the orderly and expeditious disposition of cases, and reassign a case to a judge who presided over a prior-related case, this case is REASSIGNED to Judge Burke. Judge Burke shall sit by designation and preside over this case in the United States District Court for the Middle District of Alabama. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/20/2022. (wcl, ) (Entered: 04/20/2022)

235 More Documents Available

 

Docket Entries

  • 06/16/2022
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  • Docket(#123) NOTICE of Appearance by Renee Michelle Williams on behalf of United States of America (Williams, Renee) (Entered: 06/16/2022)

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  • 06/16/2022
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  • Docket(#122) NOTICE of Appearance by Kaitlin N Toyama on behalf of United States of America (Toyama, Kaitlin) (Entered: 06/16/2022)

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  • 06/09/2022
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  • Docket(#121) NOTICE of Appearance by Eliza Dermody on behalf of United States of America (Dermody, Eliza) (Entered: 06/09/2022)

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  • 06/08/2022
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  • DocketPursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Alabama certifies that the record is complete for purposes of this appeal re: #108 Notice of Appeal, Appeal No. 22-11707-JJ. The entire record on appeal is available electronically with the exception of: Doc. #96 , Exhibit DX42 CD, VIDEO. (dmn, ) (Entered: 06/08/2022)

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  • 06/08/2022
  • Docket(#119) TEXT ORDER: On or before 6/22/2022, the parties shall file their Rule 26(f) report or the court will set the schedule for them on 6/23/2022. Signed by Honorable Judge Liles C. Burke on 6/8/2022. (No PDF attached to this entry) (bes, ) (Entered: 06/08/2022)

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  • 06/07/2022
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  • Docket(#120) ORDER of USCA as to #108 Notice of Appeal, filed by Jessica Ventiere, Kay Ivey, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, Danny Carr, 11th Circuit Appeal No. 22-11707-JJ: Appellants' "Unopposed Motion for Expedited Briefing and Appellate Review" is GRANTED. The Court DIRECTS the Clerk's Office to expedite the appeal for merits disposition purposes and place this appeal on the next available oral argument calendar. Briefing in this appeal shall proceed as follows: Appellants' initial brief is due by 6/27/2022, with the appendix due 7 days from the filing of the initial brief. Appellees' response briefs are due by 8/10/2022. Appellants' reply brief, if any, is due by 8/31/2022. (dmn, ) (no pdf) (Entered: 06/08/2022)

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  • 06/06/2022
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  • Docket(#118) ORDER of USCA addressed to Jennifer Levi as to #108 Notice of Appeal, filed by Jessica Ventiere, Kay Ivey, C. Wilson Baylock, Tom Anderson, Daryl D. Bailey, Steve Marshall, Danny Carr, 11th Circuit Appeal No. 22-11707-JJ: Jennifer Levi is permitted to appear pro hac vice in this appeal, representing the Appellees, contingent upon her payment of the $50.00 pro hac vice fee within 14 days of the date of this order. (dmn, ) (Entered: 06/06/2022)

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  • 05/31/2022
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  • Docket(#117) TEXT ORDER granting #113 Joint Motion to Dismiss Governor Kay Ivey. Signed by Honorable Judge Liles C. Burke on 5/31/2022. (No PDF attached to this entry) (bes, ) (Entered: 05/31/2022)

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  • 05/25/2022
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  • Docket(#116) ANSWER to #92 Intervenor Complaint, by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Steve Marshall, Jessica Ventiere.(Seiss, Benjamin) (Entered: 05/25/2022)

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  • 05/23/2022
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  • Docket(#115) TRANSCRIPT INFORMATION FORM re #108 Notice of Appeal by Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere with the following notation, "All necessary transcript(s) on file." (LaCour, Edmund) Modified on 5/24/2022 to include additional text. (dmn, ) (Entered: 05/23/2022)

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114 More Docket Entries
  • 04/21/2022
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  • Docket(#10) NOTICE of Appearance by Edmund Gerard LaCour, Jr on behalf of Kay Ivey, Steve Marshall (LaCour, Edmund) (Entered: 04/21/2022)

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  • 04/21/2022
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  • Docket(#9) Alias Summons issued as to Daryl D. Bailey and returned to Counsel for service via Process Server. (cwl, ) (Entered: 04/21/2022)

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  • 04/21/2022
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  • Docket(#8) BRIEF/MEMORANDUM in Support re #7 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Attachments: #1 Exhibit 1 - Hawkins Declaration, #2 Exhibit 2 - Ladinsky Declaration, #3 Exhibit 3 - Rosenthal Declaration, #4 Exhibit 4 - Eknes-Tucker Declaration, #5 Exhibit 5 - Boe Declaration, #6 Exhibit 6 - Zoe Declaration, #7 Exhibit 7 - Poe Declaration, #8 Exhibit 8 - Noe Declaration, #9 Exhibit 9 - Moe Declaration, #10 Exhibit 10 - Koe Declaration)(Eagan, Melody) (Entered: 04/21/2022)

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  • 04/21/2022
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  • Docket(#7) MOTION for Preliminary Injunction , MOTION for Temporary Restraining Order by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Attachments: #1 Text of Proposed Order - Temporary Restraining Order, #2 Text of Proposed Order - Preliminary Injunction)(Eagan, Melody) (Entered: 04/21/2022)

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  • 04/20/2022
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  • Docket(#6) MOTION for Leave to File (Motion for Leave to Proceed Pseudonymously) by Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Jane Moe, Kathy Noe, Megan Poe, James Zoe. (Eagan, Melody) (Entered: 04/20/2022)

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  • 04/20/2022
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  • Docket(#5) ORDER setting Status Conference for Friday, 4/22/2022, at 10:00 AM CDT in Courtroom 2F before Honorable Judge Liles C. Burke; Local counsel for Plaintiffs shall electronically serve a copy of this order on all non-local counsel for Plaintiffs and on all counsel for Defendants. Signed by Honorable Judge Liles C. Burke on 4/20/2022. (furn: calendar, dh) (wcl, ) (Entered: 04/20/2022)

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  • 04/20/2022
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  • Docket(#4) Case Reassigned to Honorable Judge Liles C. Burke as presiding judge; Honorable Judge R. Austin Huffaker, Jr no longer assigned to the case. (wcl, ) (Entered: 04/20/2022)

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  • 04/20/2022
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  • Docket(#3) ORDER: The Honorable Liles C. Burke, United States District Judge for the Northern District of Alabama, was previously assigned two cases substantially similar to the above-captioned case, both of which were voluntarily dismissed on April 15, 2022. By order of the Chief Judge of the United States Court of Appeals for the Eleventh Circuit, all United States District Judges in the State of Alabama may preside over cases in any of the State's three federal judicial districts. In accordance with that order, and by the authority of the Court to manage the district court docket, promote the orderly and expeditious disposition of cases, and reassign a case to a judge who presided over a prior-related case, this case is REASSIGNED to Judge Burke. Judge Burke shall sit by designation and preside over this case in the United States District Court for the Middle District of Alabama. Signed by Honorable Judge R. Austin Huffaker, Jr on 4/20/2022. (wcl, ) (Entered: 04/20/2022)

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  • 04/20/2022
  • Docket(#2) Summons Issued as to Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere and returned to counsel for personal service by process server. (wcl, ) (Entered: 04/20/2022)

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  • 04/19/2022
  • Docket(#1) COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Tom Anderson, Daryl D. Bailey, C. Wilson Baylock, Danny Carr, Kay Ivey, Steve Marshall, Jessica Ventiere (Filing fee $ 402.00 receipt number 4602066590.), filed by Kathy Noe, Brianna Boe, Paul A. Eknes-Tucker, Rachel Koe, Megan Poe, James Zoe, Jane Moe. (Attachments: #1 Civil Cover Sheet, #2 Receipt) (wcl, ) (Entered: 04/20/2022)

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