If you are wondering "Where does the Kim Davis thing go from here?"...

[jberryhill]

Rather than do this scattershot, I figured I'd put a bunch of these in one place.

Discussions of the Kim Davis goings-on are frequently punctuated with comments such as "someone should sue her" or various other sentiments to that effect. While I realize that civil procedure is not a subject of popular fascination, I sometimes wonder what folks think got her in front of a judge in the first place.

If you are discriminated against by a government official, you have the right to sue that official under 42 U.S.C. 1983 (https://www.law.cornell.edu/uscode/text/42/1983). That is a federal law that says, "you can sue a government official who violates your constitutional rights and, if you win, your attorney can get paid by the other side". The availability of attorney's fees in 1983 cases is the reason why there are civil rights advocacy groups which refer cases to attorneys. It is a feature of the system. It is why there are attorneys who look for civil rights cases. Granted, there are lots of motivations involved, but the legal profession is one of the few occupations where a substantial portion of the general public doesn't think they should make a living by doing good things. I await the arrival of a plumber to fix my pipes pro bono, or for the state to provide me with a plumber if things get really bad for me.

The interesting thing about the show so far, is that the couples most frequently seen in YouTube videos having their license denied, are NOT plaintiffs in the proceeding which has seen the most action.

Obergefell was decided on June 26, 2015.

The cases pending against Kim Davis in the US District Court for the Eastern District of Kentucky, thus far are:

Miller et al v. Davis et al, 2015-cv-00044, 07/02/2015

Ermold et al v. Davis et al, 2015-cv-00046, 07/10/2015

Yates et al v. Davis et al, 2015-cv-00062, 08/25/2015

The amazing things to me here, are the docket numbers. I can't believe that eastern Kentucky gets an entire US federal district court which, by the end of August had only accumulated 62 civil lawsuits. I guess they must spend the rest of their time busting people for smuggling meth or something, but, dang, I'd love to get a bench where there are only 62 cases with most of year already gone.

I guess that's what happens if your dad pitched a famous no-hitter, and then became a senator.

Adam Yates and Will Smith (the "et al&quot have gotten their license:

?w=650

...thus rendering a good deal of their case moot.

The only things that have happened in their case are that the complaint was filed, the judge assigned, and a subpoena served and returned:

08/25/2015 1 COMPLAINT (Filing fee $400; receipt number 0643-3291855), filed by James Yates, Will Smith. (Attachments: # 1 Civil Cover Sheet, # 2 Case Assignment, # 3 Summons Kim Davis Rowan County Clerk, # 4 Summons Blevins Rowan Co. Judge Executive)(KSS) (Entered: 08/26/2015)

08/25/2015 2 Summons Issued as to Kim Davis, Rowan County, Kentucky; Summons issued and returned to counsel electronically for service. (KSS) (Entered: 08/26/2015)

08/26/2015 Conflict Check run. (KSS) (Entered: 08/26/2015)

08/26/2015 3 ORDER OF RECUSAL: IT IS HEREBY ORDERED that this matter be and hereby is reassigned to Honorable Judge David L. Bunning, Judge of the Eastern District of Kentucky, for all further proceedings. Signed by Judge Henry R. Wilhoit, Jr on 8/26/2015.(KSS)cc: COR (Entered: 08/26/2015)

08/26/2015 ***FILE SUBMITTED TO CHAMBERS of Bunning for review upon entry of 3 Order of Recusal (KSS) (Entered: 08/26/2015)

09/02/2015 4 SUMMONS Returned Executed by James Yates, Will Smith via Certified Mail to Kim Davis served on 8/31/2015, answer due 9/21/2015; Kim Davis served on 8/31/2015, answer due 9/21/2015. (Stilz, William) (Entered: 09/02/2015)

09/02/2015 5 SUMMONS Returned Executed by James Yates, Will Smith via Certified Mail to Rowan County, Kentucky served on 8/31/2015, answer due 9/21/2015. (Stilz, William) (Entered: 09/02/2015)

Given that they have gotten their license and are now married, this case is pretty much a placeholder to recover costs, fees and whatever, if any, compensatory and punitive damages end up on the table.

------

The Ermold case, filed by David Ermold and David Moore, involves the couple who made the @SitNextToKimDavis twitter account famous:



They have also now received their license.



Likewise, the Ermold case has been pretty much put on hold, pending the outcome of festivities in the Miller case:


07/10/2015 1 COMPLAINT ( Filing fee $400; receipt number 0643-3257752), filed by David Moore, David Ermold. (Attachments: # 1 Exhibit A Letter of Governor Beshear, # 2 Civil Cover Sheet, # 3 Summons)(SMT) (Additional attachment(s) added on 7/10/2015: # 4 Case Assignment) (SMT). (Entered: 07/10/2015)

07/10/2015 Conflict Check run. (SMT) (Entered: 07/10/2015)

07/10/2015 2 Summons Issued as to Kim Davis, Kim Davis; Summons issued and returned to counsel electronically (SMT) (Entered: 07/10/2015)

07/10/2015 3 ORDER REASSIGNING CASE. Case reassigned to Judge David L. Bunning for all further proceedings. Judge Henry R. Wilhoit, Jr no longer assigned to case. Signed by Judge Henry R. Wilhoit, Jr on 7/10/15.(SMT)cc: COR (Entered: 07/10/2015)

07/10/2015 Conflict Check run. (SMT) (Entered: 07/10/2015)

07/13/2015 4 AFFIDAVIT of Service for Summons served on Kim Davis on 07/10/2015, filed by David Ermold, David Moore. (Szczygielski, Thomas) (Entered: 07/13/2015)

07/22/2015 5 MOTION for Jonathan D. Christman to Appear Pro Hac Vice by Kim Davis, Kim Davis ( Filing fee $95; receipt number 0643-3266167) (Attachments: # 1 Exhibit A - Certificate of Good Standing)(Christman, Jonathan) (Entered: 07/22/2015)

07/22/2015 6 MOTION for Roger K. Gannam to Appear Pro Hac Vice by Kim Davis, Kim Davis ( Filing fee $95; receipt number 0643-3266639) (Attachments: # 1 Exhibit A)(Gannam, Roger) (Entered: 07/22/2015)

07/23/2015 BAR STATUS Check completed as to Jonathan D. Christman re 5 MOTION for Jonathan D. Christman to Appear Pro Hac Vice by Kim Davis, Kim Davis ( Filing fee $95; receipt number 0643-3266167). (SMT) (Entered: 07/23/2015)

07/23/2015 BAR STATUS Check completed as to Roger K. Gannam re 6 MOTION for Roger K. Gannam to Appear Pro Hac Vice by Kim Davis, Kim Davis ( Filing fee $95; receipt number 0643-3266639). (SMT) (Entered: 07/23/2015)

07/23/2015 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Jonathan Christman re 5 MOTION for Jonathan D. Christman to Appear Pro Hac Vice by Kim Davis, Kim Davis ( Filing fee $95; receipt number 0643-3266167) ; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (SMT) (Entered: 07/23/2015)

07/23/2015 NOTICE OF DOCKET MODIFICATION TO Roger Gannam re 6 MOTION for Roger K. Gannam to Appear Pro Hac Vice by Kim Davis, Kim Davis ( Filing fee $95; receipt number 0643-3266639) ; Error: attachments were insufficiently described as Exhibit A; Entry by attorney; Correction: the clerk renamed the attachments. Attachments must be adequately described. Exhibit A (Incorrect); Exhibit A Affidavit of John Doe (Correct); No further action required by counsel cc: COR (SMT) (Entered: 07/23/2015)

07/23/2015 ***MOTION SUBMITTED TO CHAMBERS of Bunning for review: re 5 MOTION for Jonathan D. Christman to Appear Pro Hac Vice by Kim Davis, Kim Davis ( Filing fee $95; receipt number 0643-3266167), 6 MOTION for Roger K. Gannam to Appear Pro Hac Vice by Kim Davis, Kim Davis ( Filing fee $95; receipt number 0643-3266639) (SMT) (Entered: 07/23/2015)

07/23/2015 7 VIRTUAL ORDER: granting 5 Motion to Appear Pro Hac Vice by Jonathan D. Christman; granting 6 Motion to Appear Pro Hac Vice by Roger K. Gannam as counsel for Kim Davis. Signed by Judge David L. Bunning on 7/23/15. (SMT)cc: COR (Entered: 07/23/2015)

07/25/2015 8 NOTICE OF APPEARANCE by Kim Davis, Kim Davis. (Donahue, Anthony) (Entered: 07/25/2015)

07/30/2015 9 Proposed Agreed Order/Stipulation to Extend Time to Respond to Plaintiffs' Complaint by Kim Davis, Kim Davis. (Attachments: # 1 Certificate of Service)(Christman, Jonathan) (Entered: 07/30/2015)

07/31/2015 ***FILE SUBMITTED TO CHAMBERS of Bunning for review: re 9 Proposed Agreed Order/Stipulation to Extend Time to Respond to Plaintiffs' Complaint by Kim Davis, Kim Davis (SMT) (Entered: 07/31/2015)

07/31/2015 10 AGREED STIPULATION TO EXTEND TIME TO RESPOND TO PLAINTIFF COMPLAINT; 1) pla comp was filed on 7/10/15 and served on Davis the same day, ddl to answer is 7/31/15; 2) ddl to answer in 0:15cv44 is 8/4/15; this stip does not affect any ddl in that matter 3) Davis has requested, and pla have agreed to stip to a brief ext to 8/4/15 the same date in the Miller case 4) parties stip to entry of an order by this court to ext Kim Davis answer due 8/4/2015; Kim Davis answer due 8/4/2015. Signed by Judge David L. Bunning on 7/30/15.(SMT)cc: COR (Entered: 07/31/2015)

08/04/2015 11 MOTION to Dismiss by Kim Davis, Kim Davis (Attachments: # 1 Memorandum in Support of Defendant Kim Davis' Motion to Dismiss Plaintiffs' Complaint, # 2 Proposed Order Granting Defendant Kim Davis' Motion to Dismiss Plaintiffs' Complaint)(Christman, Jonathan) (Entered: 08/04/2015)

08/25/2015 12 RESPONSE in Opposition re 11 MOTION to Dismiss by Kim Davis, Kim Davis filed by David Ermold, David Moore. (Buckles, Joseph) (Entered: 08/25/2015)

08/26/2015 13 ORDER re 11 MOTION to Dismiss by Kim Davis, Kim Davis filed by Kim Davis ; briefing is STAYED pending review of the court's decision in Miller v. Davis by the 6CCA; a briefing schedule on the motions will be set by subsequent order after 6CCA renders its decision.. Signed by Judge David L. Bunning on 8/26/15.(SMT)cc: COR (Entered: 08/26/2015)

Now, when you file a lawsuit, you have a number of procedural options, depending on what you are asking for and how soon you want it (if your case merits "really soon" treatment).

The Miller case was filed on behalf of a number of couples whose licenses were denied, requested class action status on behalf of all couples similarly situated, and furthermore was filed with a motion for a preliminary order.

A "preliminary order" is appropriate in circumstances where (a) from a first glance it looks like you have a pretty clear case and there are no important facts in serious dispute, (b) the law is really clear, and (c) it looks like you'll have a good chance of winning when the case is eventually tried. For example, let's say you put a piano on my foot. Now, sure, I can sue you for having done that, but the first thing I'm probably going to want is for the court to order you to get the piano off of my foot. Where (a) it's your piano, (b) you put it there, and (c) it's on my foot, then there is a good chance the court is going to say, "Well, okay, we'll get to the details later, but first get that piano off of his foot." That doesn't get me any money or a final judgment against you, but it does either (a) get the piano off my foot, or (b) get you a contempt ruling if you don't.

So, collectively, all of these cases were assigned to Judge Bunning, and since the Millar case was looking for a preliminary order, the other two have basically been put on ice for the time being since the parties in them have already gotten married, and the eventual outcome in Millar is going to control the outcome in those two other cases. What will be of tangential interest to vultures such as myself is how the judge handles attorney fee awards to the attorneys in the Yates and Ermold cases, if class status is granted in the Miller case, once we eventually get to the "Tell 'em what they've won, Johnny!", phase of the proceedings, which will be quite some time from now absent a settlement of some sort.

Okay, so, having seen the docket in the Yates and Ermold proceedings, I'm going to post the docket of the Miller case in Reply #1 to this post, since it is so long. And I want you to remember what that thing looks like the next time you say, "Some lawyer oughtta file a suit over..." as if lawyers have nothing to do with their spare time.

Thus far, this case has generated three appeals at the 6th Circuit Court of Appeals (the relevant federal appeal court, one notch below the Supreme Court). Appeals to the circuit court are by right, you can appeal anything you like. There are some procedural rules to whether the circuit court is going to give it hefty consideration, such as whether it is a final order, a preliminary order, or some other procedural posture that merits various levels of review.

The first appeal taken was of the court's denial of a stay of the preliminary order that Davis had to end her "no marriage licenses" policy. One of the most misunderstood aspects of this whole circus is that Davis was not denying licenses to same sex couples. She was denying licenses to ALL couples, in order to avoid issuing licenses to same sex couples. Many nitwit observers on the right believe this distinction to make a legal difference. Bottom line - it doesn't. There is no mystery as to why she stopped issuing all licenses.

So, when the preliminary order issued, Davis filed an appeal of the preliminary order, and also filed an appeal of the order denying her request to stay the preliminary order pending the appeal on the order itself. The stay was likewise denied by the 6th Circuit, and by the Supreme Court. The underlying appeal of the order remains pending.

That preliminary order was actually amended slightly, to extend generally to any qualified couple seeking to be married, at the hearing where Davis confirmed her refusal to comply with it, and was placed in custody for contempt. Hence the additional appeal filed in this case is of that order as well.

The Appeal cases before the 6th Circuit are thus:

April Miller, et al v. Kim Davis, 06cae, 15-5880 08/13/2015
" 15-5961 09/01/2015
" 15-5978 09/08/2015

Now, none of these cases are over. Far from it. From a procedural standpoint, despite all of the public festivities thus far, these cases have barely started. Once all the hoopla from the prelminary order in Miller, and its appeals, is over, then the court will take up the motions to dismiss (there are a number of perfunctory grounds for dismissal of a lawsuit), discovery will be scheduled and likely be pretty short since there are few disputed facts anyway, and then there will be motions for summary judgement. Summary judgement is appopriate where there are no disputed issues of fact in the case, and the outcome can be determined by applying relevant law to the collection of undisputed facts. Personally, I cannot imagine any of these cases having triable determinative facts at issue.

The obvious ground for dismissal is mootness as to those plaintiffs who have gone ahead and gotten their licenses. There is still a matter of attorney fees in the Millar case, since a court order issuing from that case was required in order for those plaintiffs to get their licenses. Mootness is not the end of the story though, since this is a situation susceptible to repetition while evading judicial review (Roe v. Wade is a good example of that, since abortion cases tended to work their way through the courts a lot slower than human gestation). By the time the ball gets rolling here, though, the Kentucky legislature would do well to come up with a procedural accomodation of some kind, since the goalpost defining "victory" for Davis and the other clerks is now "getting their name off of the form" instead of being able to deny the issue of licenses to qualified applicants outright.

But if you were wondering "what's next?", the answer is that there is a whole lot more "next" in store, absent a settlement among the parties reduced to an order which ensures that Rowan County will not be denying qualified applicants from obtaining marriage licenses, whatever the mechanics of obtaining those licenses might wind up being.

[jberryhill]

1. The Miller docket...

07/02/2015 1 COMPLAINT ( Filing fee $400; receipt number 0643-3252874), filed by Karen Ann Roberts, Shantel Burke, Jody Fernandez, Barry W. Spartman, Kevin Holloway, April Miller, Stephen Napier, L. Aaron Skaggs. (Attachments: # 1 Exhibit 1 - Cheves Article, # 2 Exhibit 2 - Wolfson Article, # 3 Exhibit 3 - Gov. Letter, # 4 Civil Cover Sheet, # 5 Case Assignment, # 6 Summons Davis, # 7 Summons Rowan County, KY)(SKV) (Entered: 07/03/2015)

07/02/2015 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(SKV) (Entered: 07/03/2015)

07/02/2015 3 Summons Issued as to Kim Davis,Individually, Kim Davis in her official capacity as Rowan County Clerk, and Rowan County, Kentucky for service on the County Judge Executive; Summons issued and returned to counsel electronically for service by Certified Mail. (Attachments: # 1 Summons Kim Davis, Officially, # 2 Summons Rowan County, KY) (SKV) (Entered: 07/03/2015)

07/03/2015 Conflict Check run. (SKV) (Entered: 07/03/2015)

07/03/2015 ***MOTION SUBMITTED TO CHAMBERS of Judge Wilhoit for review: re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (SKV) (Entered: 07/03/2015)

07/06/2015 4 ORDER: IT IS ORDERED that the above-styled action is hereby REASSIGNED to Honorable David L. Bunning, Judge of the Eastern District of Kentucky, for all further proceedings. Judge Henry R. Wilhoit, Jr recused. Signed by Judge Henry R. Wilhoit, Jr on 7/6/15.(KSS)cc: COR (Entered: 07/06/2015)

07/06/2015 ***FILE SUBMITTED TO CHAMBERS of Bunning for review upon filing of 4 Order of Recusal (KSS) (Entered: 07/06/2015)

07/06/2015 ***MOTION SUBMITTED TO CHAMBERS of Bunning for review: re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (KSS) (Entered: 07/06/2015)

07/06/2015 5 ORDER re 2 MOTION for Preliminary Injunction: IT IS ORDERED that this matter be and is, hereby scheduled for a preliminary injunction hearing on Monday, July 13, 2015 at 12:00 p.m. in Ashland, Ky before Judge David L. Bunning. Signed by Judge David L. Bunning on
7/6/15.(KSS)cc: COR (Entered: 07/06/2015)

07/06/2015 6 NOTICE TO ATTORNEY L. Joe Dunman by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (KSS) (Entered: 07/06/2015)

07/08/2015 7 MOTION for Jonathan D. Christman to Appear Pro Hac Vice for Defendant Kim Davis (Attachments: # 1 Exhibit A-Certificate of Good Standing Pennsylvania, # 2 Cover letter, # 3 Receipt)(KSS) (Entered: 07/08/2015)

07/08/2015 8 MOTION for Roger K. Gannam to Appear Pro Hac Vice for Defendant Kim Davis (Attachments: # 1 Exhibit A-Certificate of Good Standing Florida, # 2 Exhibit B-Request for certificate, # 3 Exhibit C-The Florida Bar webpage, # 4 Cover letter, # 5 Receipt)(KSS) (Entered: 07/08/2015)

07/08/2015 BAR STATUS Check completed as to Jonathan D. Christman, Roger K. Gannam re 7 MOTION for Jonathan D. Christman to Appear Pro Hac Vice by Kim Davis; 8 MOTION for Roger K. Gannam to Appear Pro Hac Vice by Kim Davis (KSS) (Entered: 07/08/2015)

07/08/2015 ***MOTIONS SUBMITTED TO CHAMBERS of Bunning for review: re 7 MOTION for Jonathan D. Christman to Appear Pro Hac Vice for Kim Davis; 8 MOTION for Roger K. Gannam to Appear Pro Hac Vice for Kim Davis (KSS) (Entered: 07/08/2015)

07/09/2015 9 VIRTUAL ORDER: granting 8 Motion to Appear Pro Hac Vice by Roger K. Gannam for Kim Davis granting 7 Motion to Appear Pro Hac Vice by Jonathan D. Christman for Kim Davis. Signed by Judge David L. Bunning on 7/9/2015. (KSS)cc: COR, Gannam, Christman (via US Mail w/ECF packet) (Entered: 07/09/2015)

07/13/2015 Attorney Update. Attorney Anthony Charles Donahue for Kim Davis,Anthony Charles Donahue for Kim Davis,Jeffrey C. Mando,Cecil R. Watkins for Rowan County, Kentucky added. (SMT) (Entered: 07/14/2015)

07/13/2015 10 MINUTE ENTRY ORDER PRELIMINARY INJUNCTION HEARING held on 7/13/2015 re 2 MOTION for Preliminary Injunction; matter was called with parties present; during hearing counsel advised that dft Kim Davis had not yet been formally served; court having heard counsel and testimony of witnesses and 1) dft Kim Davis oral motion to continue hearing and deny motion for prel inj w/o prej for lack of service on dft is denied; Counsel for Kim Davis oral motion to certify that issue for Sixth Circuit is is also denied 2) pla oral motion to convert to a TRO hearing is denied 3) the evidentiary portion of the hearing is continued generally as set forth in paragraph six herein 4) dft shall be prepared to produce evidence of the Rowan County Clerk's formal functions and duties at the reconvened hearing 5) dfts written Responses due by 7/30/2015, and pla Replies due NLT 7 days thereafter; 6) pla shall file forthwith a notice of service as soon as dft Kim Davis has been formally served; upon filing of that Notice, the court will reconvene the evidentiary portion of the prel. inj hearing in Covington on a date not earlier than 7/20/15; the court will contact counsel prior to scheduling that reconvened hearing. before Judge David L. Bunning: (Court Reporter Peggy Weber.) (SMT)cc: COR (Entered: 07/14/2015)

07/13/2015 16 Witness List for Preliminary Injunction Hearing held on 7/13/2015. (KSS) (Entered: 07/14/2015)

07/14/2015 11 NOTICE OF MANDATORY ECF DIRECTED TO Cecil R. Watkins, non-registered re 10 Motion Hearing minute order HAD TO BE MAILED TO, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR, with ecf packet (SMT) (Entered: 07/14/2015)

07/14/2015 12 STRICKEN FROM DOCKET AS AN INCOMPLETE DOCUMENT (Entered: 07/14/2015)

07/14/2015 13 STRICKEN FROM DOCKET AS AN IN COMPLETE DOCUMENT (Entered: 07/14/2015)

07/14/2015 14 NOTICE OF APPEARANCE by Rowan County, Kentucky. (Mando, Jeffrey) (Entered: 07/14/2015)

07/14/2015 15 NOTICE OF APPEARANCE by Kim Davis, Kim Davis. (Donahue, Anthony) (Entered: 07/14/2015)

07/14/2015 Attorney Update. Attorney Claire E. Parsons for Rowan County, Kentucky added. (SMT) (Entered: 07/15/2015)

07/15/2015 NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re 13 Summons Returned Executed, 12 Summons Returned Executed, was an INCOMPLETE PDF document (only page 2 of the summons was presented) filed as main document; Attorney shall re-file the corrected Summons within seven (7) calendar days. In addition please file the green card showing the date and signature on which summons was executed *CD* cc: COR (SMT) (Entered: 07/15/2015)

07/15/2015 17 INCORRECTLY FILED SUMMONS Returned Executed by Karen Ann Roberts, Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier via certified mail, Restricted Delivery, Return Receipt to Rowan County, Kentucky served on 7/9/2015, answer due 7/30/2015. (Attachments: # 1 Certified Mail Slips, # 2 screen Shot showing deliveryc, # 3 return receipt)(Landenwich, Laura) Modified on 7/16/2015 See DE 20 for correction (KSS). (Entered: 07/15/2015)

07/15/2015 18 ORDER: IT IS ORDERED that the parties shall RECONVENE before the Court on Monday, July 20, 2015 at 10:00 a.m. in Covington. The parties shall come prepared to CONCLUDE the evidentiary portion of the preliminary injunction hearing. Signed by Judge David L. Bunning on 7/15/15.(KSS)cc: COR (Entered: 07/15/2015)

07/15/2015 19 SUMMONS Returned Executed by Karen Ann Roberts, Shantel Burke, Jody Fernandez, Barry W. Spartman, Kevin Holloway, April Miller, Stephen Napier, L. Aaron Skaggs via Personal Service to (Sharp, William) (Entered: 07/15/2015)

07/15/2015 20 SUMMONS Returned Executed by Karen Ann Roberts, Shantel Burke, Jody Fernandez, Barry W. Spartman, Kevin Holloway, Kim Davis, April Miller, Stephen Napier, L. Aaron Skaggs via Certified Mail to (Attachments: # 1 Receipt Blevins Receipt)(Canon, Daniel) (Entered: 07/15/2015)

07/16/2015 21 TRANSCRIPT of Proceedings: Preliminary Injunction held on 07-13-2015 before Judge Bunning. Court Reporter: Peggy W. Weber, Telephone number 859-421-0814. Transcript ordered by: Roger Gannam, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/10/2015. Redacted Transcript Deadline set for 8/20/2015. Release of Transcript Restriction set for 10/19/2015. (Entered: 07/16/2015)

07/17/2015 22 ORDER: IT IS ORDERED that Defendant Kim Davis' counsel shall formally enter their appearances in advance of the hearing set for Monday, July 20, 2015 at 10:00 a.m. in Covington. Signed by Judge David L. Bunning on 7/17/15.(KSS)cc: COR (Entered: 07/17/2015)

07/17/2015 23 NOTICE OF APPEARANCE by Kim Davis, Kim Davis. (Gannam, Roger) (Entered: 07/17/2015)

07/17/2015 ***FILE SUBMITTED TO CHAMBERS of Bunning for review: 23 NOTICE OF APPEARANCE Attorneys Gannam, Christman (KSS) (Entered: 07/17/2015)

07/20/2015 24 MINUTE ENTRY ORDER FOR PRELIMINARY INJUNCTION MOTION HEARING held on 7/20/2015 re 2 MOTION for Preliminary Injunction before Judge David L. Bunning. Court reconvened to conclude evidentiary portion of preliminary injunction hearing; IT IS ORDERED as follows: 1) Dft Kim Davis' oral motion to dismiss Plf's Motion for Preliminary Injunction R. 2 is denied. 2) The Clerk is directed to submit Plf's Motion for Preliminary Injunction DE 2 to the undersigned chambers for decision upon the filing of Dft's written response and Plf's reply (Court Reporter Lisa Wiesman.) (KSS)cc: COR (Entered: 07/20/2015)

07/20/2015 25 Witness and Exhibit List from Preliminary Injunction Hearing held on 7/20/2015 in COVINGTON. (KSS) (Entered: 07/21/2015)

07/23/2015 26 TRANSCRIPT of Proceedings: Preliminary Injunction Hearing held on July 20, 2015 before Judge David L. Bunning. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Roger K. Gannam, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 8/17/2015. Redacted Transcript Deadline set for 8/27/2015. Release of Transcript Restriction set for 10/26/2015. (Entered: 07/23/2015)
07/29/2015 27 ANSWER to 1 Complaint, with Jury Demand by Rowan County, Kentucky.(Mando, Jeffrey) (Entered: 07/29/2015)

07/30/2015 28 RESPONSE in Opposition re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman filed by Rowan County, Kentucky. (Mando, Jeffrey) Modified on 8/13/2015 to reflect Supplemental Memorandum in Opposition filed 8/7/15 at DE#49 per Order DE#48 (KSS). (Entered: 07/30/2015)

07/30/2015 29 RESPONSE in Opposition re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman filed by Kim Davis, Kim Davis. (Attachments: # 1 Exhibit A: July 13, 2015 Hearing Transcript, # 2 Exhibit B: July 20, 2015 Hearing Transcript, # 3 Exhibit C: Copies of Davis Exhibits 1 through 5 admitted at July 20, 2015, # 4 Exhibit D: Collection of Kentucky marriage law provisions from Chapter 402 of KRS, # 5 Exhibit E: Kentucky RFRA, # 6 Exhibit F: Governor Beshear Press Release dated June 26, 2015, # 7 Exhibit G: News Article re: issuance of marriage licenses in Boyd County dated July 9, 2015, # 8 Exhibit H: News Article re: issuance of marriage licenses in Kenton County dated June 29, 2015, # 9 Exhibit I: Governor Beshear Press Release dated July 9, 2015, # 10 Exhibit J: Governor Beshear Press Release dated July 7, 2015, # 11 Exhibit K: Governor Beshear Public Statement on July 21, 2015, # 12 Exhibit L: Attorney General Conways Public Statement on March 4, 2014, # 13 Exhibit M: Governor Beshear Press Release dated March 4, 2014, # 14 Exhibit N: Kentucky LRC Reports on Kentucky RFRA, # 15 Exhibit O: News Article re: fees paid by Kentucky to defend Kentucky marriage law dated May 20, 2015, # 16 Exhibit P: News Article re: Governor Beshears appeal in Bourke v. Beshear dated March 4, 2014, # 17 Exhibit Q: News Article re: hiring of private law firm after Attorney General Conway refused to defend Kentucky marriage law dated April 18, 2014, # 18 Exhibit R: News Article re: July 20, 2015 hearing dated July 21, 2015, # 19 Exhibit S: News Article re: Kentucky legislature general session dated July 10, 2015, # 20 Exhibit T: Prefiled Kentucky House Bill for January 2016 general session to protect religious liberties, # 21 Exhibit U: Map of Kentucky counties)(Christman, Jonathan) (Entered: 07/30/2015)

07/31/2015 30 ORDER: IT IS HEREBY ORDERED that Plf's Reply Brief shall address Dft Rowan County's arguments re the pursuit of injunctive relief against Dft Kim Davis in her official capacity. Specifically, Plf's shall explain (1) whether they intend to pursue injunctive relief against Dft Kim Davis in her official capacity and/or individual capacity; and (2) if Plf's still intend to pursue injunctive relief against Dft Kim Davis in her official capacity, the legal basis for doing so. Signed by Judge David L. Bunning on 7/31/15.(KSS)cc: COR (Entered: 07/31/2015)

08/02/2015 31 MOTION to Certify Class by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (Attachments: # 1 Memorandum in Support, # 2 Proposed Order)(Sharp, William) (Entered: 08/02/2015)

08/04/2015 32 MOTION to Dismiss by Kim Davis, Kim Davis (Attachments: # 1 Memorandum in Support of Defendant Kim Davis' Motion to Dismiss Plaintiffs' Complaint, # 2 Proposed Order Granting Defendant Kim Davis' Motion to Dismiss Plaintiffs' Complaint)(Christman, Jonathan) (Entered: 08/04/2015)

08/04/2015 33 INCORRECTLY FILED VERIFIED THIRD PARTY COMPLAINT against Steven L. Beshear, Wayne Onkst, filed by Kim Davis, Kim Davis. (Attachments: # 1 Exhibit A. Pre-Obergefell KDLA marriage license form (Def. Ex. 2), # 2 Exhibit B. 1/23/15 Letter to Senator Robertson from Kim Davis (Def. Ex. 1), # 3 Exhibit C. 6/26/15 Letter from Governor Beshear to County Clerks (Def. Ex. 4), # 4 Exhibit D. Post-Obergefell KDLA marriage license form (Def. Ex. 3), # 5 Exhibit E. 7/8/15 Letter from Kim Davis to Governor Beshear (Def. Ex. 5))(Gannam, Roger) Modified on 8/5/2015 TO STATE INCORRECTLY FILED SEE ENTRY 34 FOR CORRECT ENTRY (SMT). (Entered: 08/04/2015)

08/04/2015 34 VERIFIED THIRD PARTY COMPLAINT (corrected filing to include summonses) against Steven L. Beshear, Wayne Onkst, filed by Kim Davis, Kim Davis. (Attachments: # 1 Exhibit A. Pre-Obergefell KDLA marriage license form (Def. Ex. 2), # 2 Exhibit B. 1/23/15 Letter to Senator Robertson from Kim Davis (Def. Ex. 1), # 3 Exhibit C. 6/26/15 Letter from Governor Beshear to County Clerks (Def. Ex. 4), # 4 Exhibit D. Post-Obergefell KDLA marriage license form (Def. Ex. 3), # 5 Exhibit E. 7/8/15 Letter from Kim Davis to Governor Beshear (Def. Ex. 5), # 6 Summons Governor Steven L. Beshear, # 7 Summons State Librarian and Commissioner Wayne Onkst)(Gannam, Roger) (Entered: 08/04/2015)

08/04/2015 35 Summons Issued as to Steven L. Beshear, Wayne Onkst; Summons issued and returned to counsel electronically (SMT) (Entered: 08/05/2015)

08/06/2015 36 REPLY to Response to Motion re 2 MOTION for Preliminary Injunction by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman filed by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman. (Sharp, William) (Entered: 08/06/2015)

08/07/2015 37 MOTION for Leave by Rowan County, Kentucky (Attachments: # 1 Proposed Order, # 2 Supplement Supplemental Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction)(Mando, Jeffrey) (Entered: 08/07/2015)

08/07/2015 38 ORDER: The Court having reviewed the briefing on Plf's Motion for Preliminary Injunction, Docs 2 28 29 and 36 and being otherwise sufficiently advised, IT IS ORDERED that this matter be, and is, hereby set for a telephonic conference on Monday, August 10, 2015 at 9:00 a.m.. The parties shall be prepared to address the pursuit of injunctive relief against Def Davis in her official capacity as Rowan County Clerk. Arguments shall be limited to fifteen (15) mins per side. No further briefing shall be permitted. The parties must dial in to this conference at least five (5) mins in advance of the scheduled time by the steps herein. Signed by Judge David L. Bunning on 8/7/15.(KSS)cc: COR (Entered: 08/07/2015)

08/07/2015 39 MOTION for Preliminary Injunction by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) (Attachments: # 1 Memorandum in Support of Defendant/Third-Party Plaintiff Kim Davis' Motion for Preliminary Injunction, # 2 Exhibit A: Verified Third-Party Complaint of Defendant Kim Davis, # 3 Exhibit B: July 13, 2015 Hearing Transcript, # 4 Exhibit C: July 20, 2015 Hearing Transcript, # 5 Exhibit D: Kentucky LRC Reports on Kentucky RFRA, # 6 Exhibit E: Prefiled Kentucky House Bill for January 2016 general session to protect religious liberties, # 7 Proposed Order Granting Defendant/Third-Party Plaintiff Kim Davis' Motion for Preliminary Injunction)(Christman, Jonathan) (Entered: 08/07/2015)

08/07/2015 49 SUPPLEMENTAL MEMORANDUM of Defendant Rowan County, In Opposition to Plaintiffs' Motion for Preliminary Injunction filed by Rowan County, Kentucky.(Filed pursuant to Virtual Order DE#48)(KSS) (Entered: 08/13/2015)
08/10/2015 40 SUMMONS Returned Executed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) via service of summons on person designated by law to accept service of process to Wayne Onkst served on 8/10/2015, answer due 8/31/2015. (Christman, Jonathan) (Entered: 08/10/2015)

08/10/2015 41 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 8/10/2015 before Judge David L. Bunning. Matter called for further hearing on Plf's Motion for Preliminary Injunction DE 2 with parties present, by counsel, as noted above. The Court having heard counsel and testimony of witnesses and being otherwise sufficiently advised, ORDERED AS FOLLOWS: 1) After hearing arguments from the parties, the Motion for Preliminary Injunction DE 2 STANDS SUBMITTED (Court Reporter Peggy Weber.) (KSS)cc: COR (Entered: 08/10/2015)

08/11/2015 42 MOTION for Extension of Time to File Response/Reply as to 31 MOTION to Certify Class by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) (Attachments: # 1 Exhibit A: E-mails between counsel re: request for extension of time to respond to Plaintiffs' Motion for Class Certification, # 2 Proposed Order Granting Motion for Extension of Time to File Response to Plaintiffs' Motion for Class Certification)(Christman, Jonathan) (Entered: 08/11/2015)

08/12/2015 43 MEMORANDUM OPINION & ORDER: IT IS ORDERED that Plaintiffs' Motion for Preliminary Injunction DE 2 against Defendant Kim Davis, in her official capacity as Rowan County Clerk, is hereby granted. IT IS FURTHER ORDERED that Defendant Kim Davis, in her official capacity as Rowan County Clerk, is hereby preliminarily enjoined from applying her "no marriage licenses" policy to future marriage license requests submitted by Plaintiffs. Signed by Judge David L. Bunning on 8/12/15.(KSS)cc: COR (Entered: 08/12/2015)

08/12/2015 44 NOTICE OF APPEAL as to 43 Memorandum Opinion & Order, Terminate Motions,,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). Filing fee $ 505, receipt number 0643-3282893. (Attachments: # 1 Exhibit A: August 12, 2015 Memorandum Opinion and Order)(Christman, Jonathan) (Entered: 08/12/2015)

08/13/2015 45 MOTION to Stay re 43 Memorandum Opinion & Order, Terminate Motions,,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) (Attachments: # 1 Memorandum in Support of Defendant/Third-Party Plaintiff Kim Davis' Motion to Stay the August 12, 2015 Injunction Order Pending Appeal, # 2 Proposed Order Granting Defendant/Third-Party Plaintiff Kim Davis' Motion to Stay the August 12, 2015 Injunction Order Pending Appeal)(Christman, Jonathan) (Entered: 08/13/2015)

08/13/2015 46 RESPONSE in Opposition re 45 MOTION to Stay re 43 Memorandum Opinion & Order by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) filed by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman. (Attachments: # 1 Exhibit 1 - wkyt.com web page article 8/13/15, # 2 Exhibit 2 - Declaration of April Miller, PhD, # 3 Proposed Order)(Sharp, William) Modified on 8/14/2015 to describe exhibits (KSS). (Entered: 08/13/2015)

08/13/2015 47 ORDER: IT IS ORDERED that Plaintiffs shall file a written response to Defendant's Motion to Stay DE 45 by close of business on Friday, August 14, 2015. Defendant's reply brief shall be due by close of business on Monday, August 17, 2015. Upon the filing of the reply, the Clerk shall submit the Motion to Stay to the undersigned's chambers for review. Signed by Judge David L. Bunning on 8/13/15.(KSS)cc: COR (Entered: 08/13/2015)

08/13/2015 48 VIRTUAL ORDER: granting 37 Motion for Leave by Defendant Rowan County, Kentucky. Defendant Rowan County's Supplemental Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction (37-2) shall be filed and docketed by the Clerk, nunc pro tunc to August 7, 2015. Signed by Judge David L. Bunning on 8/13/15. (KSS)cc: COR (Entered: 08/13/2015)

08/13/2015 50 ORDER: Plaintiffs having already filed their Response in Opposition DE 46 to Defendant Kim Davis' Motion to Stay DE 45 the Court's Memorandum Opinion and Order of August 12, 2015 DE 43 , and the Court being otherwise sufficiently advised, IT IS ORDERED that Defendant Kim Davis shall submit her reply brief by close of business on Friday, August 14, 2015. Davis' reply shall be limited to five (5) pages. Signed by Judge David L. Bunning on 8/13/15.(KSS)cc: COR (Entered: 08/13/2015)

08/14/2015 NOTICE OF DOCKET MODIFICATION TO William Sharp re 46 Response in Opposition to Motion; Error: Attachments were insufficiently described as "Exhibit 1," "Exhibit 2." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A Affidavit of John Doe (correct). No further action required by counsel cc: COR (KSS) (Entered: 08/14/2015)

08/14/2015 51 REPLY to Response to Motion re 45 MOTION to Stay re 43 Memorandum Opinion & Order, Terminate Motions,,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) filed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). (Attachments: # 1 Exhibit A: Ltr. to V. Puente, et al., Demanding Correction Pursuant to Ky. Rev. Stat. §§ 411.051, 411.061, dated Aug. 14, 2015)(Christman, Jonathan) (Entered: 08/14/2015)

08/17/2015 ***MOTION SUBMITTED TO CHAMBERS of Bunning for review: re 45 MOTION to Stay re 43 Memorandum Opinion & Order, Terminate Motions,,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) (SMT) (Entered: 08/17/2015)

08/17/2015 52 ORDER: IT IS ORDERED denying 45 Motion to Stay; IT IS FURTHER ORDERED that this order denying Kim Davis Motion to Stay be TEMPORARILY STAYED pending review of dft Davis' motion to stay 45 by the Sixth Circuit Court of Appeals. Signed by Judge David L. Bunning on 8/17/15. (SMT)cc: COR (Entered: 08/17/2015)

08/18/2015 53 SUMMONS Returned Executed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) via summons on person designated by law to accept service of process to Steven L. Beshear served on 8/10/2015, answer due 8/31/2015. (Christman, Jonathan) (Entered: 08/18/2015)

08/19/2015 54 TRANSCRIPT of Proceedings: Telephone Conference for dates of August 10, 2015 before Judge David L. Bunning, re 44 Notice of Appeal,. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Jonathan D. Christman, Esq.. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/14/2015. Redacted Transcript Deadline set for 9/24/2015. Release of Transcript Restriction set for 11/20/2015. (Entered: 08/19/2015)

08/19/2015 55 ORDER ; on 8/17/15 this court entered an order 52 denying dft Kim Davis' motion to stay the 8/12/15 order 43 granting pla a prel inj enjoining dft Davis from enforcing her "no marriage licenses" policy against pla; however, in deference to the 6CCA the court temporarily stayed its 8/12/15 order to give and appellate court an opportunity to review, on an expedited basis, the 8/17/15 order denying the motion to stay; upon review of FRAP 8(a)(2) governing stays of injunctions pending appeal the court finds it necessary to set an expiration date for temporary stay; IT IS ORDERED that the court's stay of its 8/17/15 order shall expire on 8/31/15; absent to the contrary by the 6CCA. Signed by Judge David L. Bunning on 8/19/15.(SMT)cc: COR (Entered: 08/19/2015)

08/24/2015 56 REPLY BRIEF to 42 Motion for Extension of Time to File Response to Plaintiffs' Motion for Class Certification filed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). (Christman, Jonathan) (Entered: 08/24/2015)

08/25/2015 57 VIRTUAL ORDER: Plaintiffs having filed no opposition to the MOTION, IT IS ORDERED that Defendant Kim Davis' Motion for Extension of Time to File Response to Plaintiffs' Motion to Certify Class 42 is GRANTED. Defendant Davis' response to said motion is due 30 days after the Sixth Circuit Court of Appeals renders its decision on the appeal of the Court's granting of Plaintiffs' motion for a preliminary injunction. Signed by Judge David L. Bunning on 8/25/15. (KSS)cc: COR (Entered: 08/25/2015)

08/25/2015 58 ORDER: IT IS ORDERED that briefing on Defendant Kim Davis' Motion to Dismiss 32 and Motion for Preliminary Injunction 39 be, and is, hereby STAYED pending review of the Court's Memorandum Opinion and Order 43 by the United States Court of Appeals for the Sixth Circuit. A briefing schedule on the Motions will be set by subsequent order after the Sixth Circuit renders its decision. Signed by Judge David L. Bunning on 8/25/15.(KSS)cc: COR (Entered: 08/25/2015)

08/26/2015 59 NOTICE OF APPEARANCE by Steven L. Beshear, Wayne Onkst. (Vance, Palmer) (Entered: 08/26/2015)

08/26/2015 60 Proposed Agreed Order/Stipulation by Steven L. Beshear, Kim Davis, Wayne Onkst. (Vance, Palmer) (Entered: 08/26/2015)

08/26/2015 Attorney Update. Attorney William M. Lear, Jr for Steven L. Beshear,William M. Lear, Jr for Wayne Onkst added. (SMT) (Entered: 08/27/2015)

08/27/2015 ***FILE SUBMITTED TO CHAMBERS of Bunning for review: re 60 Proposed Agreed Order/Stipulation by Steven L. Beshear, Kim Davis, Wayne Onkst (SMT) (Entered: 08/27/2015)

08/27/2015 61 AGREED ORDER: IT IS HEREBY ORDERED 1. That the third-party defendants shall have until and including September 11, 2015 by which to serve their pleadings and/or papers in response to the Third-Party Complaint DE 34 . Signed by Judge David L. Bunning on 8/27/15.(KSS)cc: COR (Entered: 08/27/2015)

08/28/2015 62 MOTION re 52 Order on Motion to Stay, 55 Order,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) [MOTION TO EXTEND TEMPORARY STAY OF INJUNCTION ORDER] (Attachments: # 1 Proposed Order Granting Motion to Extend Temporary Stay)(Gannam, Roger) (Entered: 08/28/2015)

08/28/2015 63 RESPONSE in Opposition re 62 MOTION re 52 Order on Motion to Stay, 55 Order,,, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) [MOTION TO EXTEND TEMPORARY STAY OF INJUNCTION ORDER] filed by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman. (Attachments: # 1 Exhibit Davis 6th Circuit Reply Brief, # 2 Exhibit 6th Circuit Order Denying Stay, # 3 Proposed Order)(Sharp, William) (Entered: 08/28/2015)

08/28/2015 64 REPLY to 63 filed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). (Attachments: # 1 Exhibit A. Emergency Application to Stay Preliminary Injunction Pending Appeal)(Gannam, Roger) (Entered: 08/28/2015)

08/28/2015 65 VIRTUAL ORDER: denying Defendant Davis' 62 Motion to extend temporary stay of injunction order pending final resolution of Davis' emergency application to stay preliminary injunction pending appeal filed in the United States Supreme Court. Signed by Judge David L. Bunning on 8/28/15. (KSS)cc: COR (Entered: 08/28/2015)

08/31/2015 66 NOTICE OF APPEAL as to 58 Order, by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). Filing fee $ 505, receipt number 0643-3294835. (Attachments: # 1 Exhibit A: August 25, 2015 Order)(Christman, Jonathan) (Entered: 08/31/2015)

08/31/2015 USCA Case Number 15-5880 Case Manager Michelle M. Davis for 44 Notice of Appeal filed by Kim Davis. (KSS) (Entered: 08/31/2015)

09/01/2015 67 MOTION to Compel by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (Attachments: # 1 Exhibit Miller Declaration, # 2 Proposed Order)(Sharp, William) (Entered: 09/01/2015)

09/01/2015 68 MOTION to Amend/Correct 43 Memorandum Opinion & Order by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman (Attachments: # 1 Exhibit Miller Declaration, # 2 Proposed Order)(Sharp, William) (Entered: 09/01/2015)

09/01/2015 69 MINUTE ENTRY ORDER FOR TELEPHONIC SCHEDULING CONFERENCE held on 9/1/2015 before Judge David L. Bunning. IT IS ORDERED that this matter be, and is, hereby set for a hearing on Plaintiff's Motion to Hold Defendant Kim Davis in Contempt of Court DE 67 on Thursday, September 3, 2015 at 11:00 a.m. in Ashland, Kentucky. Defendant Davis and each of her deputy clerks shall be present at the hearing. IT IS FURTHER ORDERED that if Defendant Davis wishes to file a response to Plaintiffs' Motion DE 67 , it shall be filed by close of business on September 2, 2015, and shall not exceed five (5) pages in length. (Court Reporter Lisa Wiesman.). Signed by Judge David L. Bunning on 9/1/15. (KSS)cc: COR (Entered: 09/01/2015)

09/01/2015 USCA Case Number 15-5961 Case Manager Michelle M. Davis for 66 Notice of Appeal filed by Kim Davis. (KSS) (Entered: 09/01/2015)

09/02/2015 70 MOTION for Injunction Pending Appeal of This Court's August 25, 2015 Order by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) (Attachments: # 1 Memorandum in Support of Motion for Injunction Pending Appeal of This Court's August 25, 2015 Order, # 2 Proposed Order Granting Motion for Injunction Pending Appeal of This Court's August 25, 2015 Order)(Christman, Jonathan) (Entered: 09/02/2015)

09/02/2015 71 TRANSCRIPT of Proceedings: Telephone Conference held on September 1, 2015 before Judge David L. Bunning. Court Reporter: Lisa Reed Wiesman, Telephone number 859-291-4410. Transcript ordered by: Roger K. Gannam, Esq. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 9/28/2015. Redacted Transcript Deadline set for 10/8/2015. Release of Transcript Restriction set for 12/4/2015. (Entered: 09/02/2015)

09/02/2015 72 RESPONSE in Opposition re 67 MOTION to Compel by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman filed by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk). (Christman, Jonathan) (Entered: 09/02/2015)

09/02/2015 73 MOTION for Leave to File by Robert Stivers (Attachments: # 1 Memorandum in Support Tendered Brief, # 2 Proposed Order Order)(Fleenor, David) (Entered: 09/02/2015)

09/03/2015 74 ORDER: IT IS HEREBY ORDERED: Plaintiffs' Motion Pursuant to Rule 62(c) to Clarify the Preliminary Injunction Pending Appeal is hereby GRANTED. IT IS FURTHER ORDERED: The Court's August 12, 2015 preliminary injunction order, R 43 is hereby modified to state that Defendant Kim Davis, in her official capacity as Rowan County Clerk, is hereby preliminarily enjoined from applying her "no marriage licenses" policy to future marriage license requests submitted by Plaintiffs or by other individuals who are legally eligible to marry in Kentucky. Signed by Judge David L. Bunning on 9/3/15. (KSS)cc: COR (Entered: 09/03/2015)

09/03/2015 75 MINUTE ENTRY ORDER FOR Hearing on Motion before Judge David L. Bunning. This matter was called for a hearing on the Plaintiffs Motion to Hold Defendant Kim Davis in Contempt of Court (DE # 67) in Ashland, Kentucky, with parties present, by counsel, as noted above. Having heard arguments from counsel and testimony of witnesses, and the Court being otherwise sufficiently advised, IT IS ORDERED AS FOLLOWS: 1) There being no objection from the parties, Kentucky Senate President Robert Stivers Motion for Leave to File a Brief as Amicus Curiae in support of Defendants (DE # 73) is GRANTED. 2) By agreement of the parties, Third Party Defendants shall have until close of businesson Tuesday, September 8, 2015 to respond to Defendant Davis Motion for Injunction Pending Appeal (Doc. # 70). Defendant Davis shall have until close of business on Thursday, September 10, 2015 to file her reply brief. The parties are advised that these deadlineshave been expedited. 3) The Court appoints MICHAEL R. CAMPBELL as counsel for Rowan County Deputy Clerk Nathaniel Davis. MICHAEL B. FOX is appointed as counsel for Rowan County Deputy Clerk Chrissy Plank. RICHARD A. HUGHES is appointed as counsel for Rowan County Deputy Clerk Brian Mason. SEBASTIAN JOY is appointed as counsel for Rowan County Deputy Clerk Kim Russell. ANDY MARKELONIS is appointed as counsel for Rowan County Deputy Clerk Melissa Thompson. JEREMY CLARK is appointed as counsel for Rowan County Chief Deputy Clerk Roberta Earley. 4) After hearing arguments from counsel and testimony from witnesses, the Court finds Defendant Davis in contempt of the Courts Order of August 12, 2015, for reasons stated on the record. Accordingly, Plaintiffs Motion to Hold Defendant Kim Davis in Contempt of Court (DE # 67) is GRANTED. Defendant Davis shall be remanded to the custody of the United States Marshal pending compliance of the Courts Order of August 12, 2015, or until such time as the Court vacates the contempt Order. 5) Defendant Davis oral motion to stay enforcement of the Courts contempt order pending review of the Courts August 12, 2015 Order by the Sixth Circuit Court of Appeals is DENIED. Defendant Davis oral motion to certify the contempt order for appeal is DENIED. 6) Defendant Davis oral motion to suspend any sentence until the Kentucky Legislature convenes is DENIED. (Court Reporter Sandy Wilder.) (KSS)cc: COR (Entered: 09/04/2015)

09/03/2015 76 Witness List for Hearing on Motion held 9/3/15 before Judge David L. Bunning. (KSS) (Entered: 09/04/2015)

09/04/2015 77 MOTION to Allow Interview of Kim Davis by Cable News Network, Inc. (Attachments: # 1 Proposed Order)(Flores, Mark) (Entered: 09/04/2015)

09/05/2015 78 TRANSCRIPT of Proceedings: MOTION HEARING held on 09/03/2015 before Judge David L. Bunning. Court Reporter: Sandra L. Wilder, Telephone number [phone]. Transcript ordered by: HON. JONATHAN D. CHRISTMAN. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 10/1/2015. Redacted Transcript Deadline set for 10/9/2015. Release of Transcript Restriction set for 12/7/2015. (Entered: 09/05/2015)

09/06/2015 79 INCORRECTLY FILED AMENDED DOCUMENT by Kim Davis, Kim Davis. Amendment to 44 Notice of Appeal, Amended Notice of Appeal. (Attachments: # 1 Exhibit A: September 3, 2015 Order Granting Plaintiffs' Motion to Hold Defendant Kim Davis in Contempt of Court (D.E. 75), # 2 Exhibit B: September 3, 2015 Order Granting Plaintiffs' Motion Pursuant to Rule 62(c) to Clarify the Preliminary Injunction Pending Appeal (D.E. 74), # 3 Exhibit C: August 12, 2015 Memorandum Opinion and Order (D.E. 43))(Christman, Jonathan) Modified on 9/8/2015 to reflect "incorrectly filed". Attorney notified that new Notice of Appeal needs to be filed. (KSS). (Entered: 09/06/2015)

09/07/2015 80 ORDER: Plaintiffs, by and through counsel, shall file a status report not later than 10:00 a.m. eastern standard time on Tuesday, September 8, 2015 informing the Court of whether any of the named Plaintiffs have had a marriage license issued to them by the Rowan County Clerk's office and shall attach a copy of any such license(s) to their status report. The Clerk shall send notice of this order to all counsel of record and CJA counsel appointed to represent the Rowan County deputy clerks. Signed by Judge David L. Bunning on 9/7/2015.(TJZ)cc: COR (Entered: 09/07/2015)
09/07/2015 81 MOTION for permission to interview Defendant Kim Davis by American Broadcasting Companies, Inc. (Attachments: # 1 Proposed Order)(Silletto, Aaron) (Entered: 09/07/2015)

09/08/2015 Clerk's Note: re 79 Amended Document. Clerk spoke with counsel for defendant to notify that a new Notice of Appeal needs to be filed. Clerk marked document 79 as "incorrectly filed." (KSS) (Entered: 09/08/2015)

09/08/2015 82 NOTICE OF APPEAL as to 74 Order on Motion to Amend/Correct,, by Kim Davis, Kim Davis. Filing fee $ 505, receipt number 0643-3299672. (Attachments: # 1 Exhibit A: September 3, 2015 Order (D.E. 74))(Christman, Jonathan) (Entered: 09/08/2015)

09/08/2015 83 NOTICE OF APPEAL as to 75 Order on Motion to Compel, Order on Motion for Leave to File, Contempt Hearing, Add and Terminate Attorneys, Set Motion and R&R Deadlines/Hearings, Terminate Motions by Kim Davis, Kim Davis. Filing fee $ 505, receipt number 0643-3299683. (Attachments: # 1 Exhibit A: September 3, 2015 Order Granting Plaintiffs' Motion to Hold Defendant Kim Davis in Contempt of Court (D.E. 75))(Christman, Jonathan) (Entered: 09/08/2015)

09/08/2015 84 STATUS REPORT by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman. (Attachments: # 1 Exhibit A - Issued Licenses, # 2 Exhibit B - Davis Testimony)(Canon, Daniel) (Entered: 09/08/2015)

09/08/2015 85 MOTION for Order by NBCUniversal Media, LLC Allowing Interview of Kim Davis (Attachments: # 1 Proposed Order)(Cone, C.) (Entered: 09/08/2015)

09/08/2015 ***FILE SUBMITTED TO CHAMBERS of Bunning for review upon filing of 84 Status Report filed pursuant Court Order 80 (KSS) (Entered: 09/08/2015)
09/08/2015 86 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Mark Flores. 77 MOTION to Allow Interview of Kim Davis by Cable News Network, Inc. has been filed by Cable News Network, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (KSS) (Entered: 09/08/2015)

09/08/2015 87 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Aaron Silletto. 81 MOTION for permission to interview Defendant Kim Davis by American Broadcasting Companies, Inc. has been filed by American Broadcasting Companies, Inc. without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (KSS) (Entered: 09/08/2015)

09/08/2015 88 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, C. Timothy Cone. 85 MOTION for Order by NBCUniversal Media, LLC Allowing Interview of Kim Davis has been filed by NBCUniversal without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (KSS) (Entered: 09/08/2015)

09/08/2015 USCA Case Number 15-5978 for 83 Notice of Appeal filed by Kim Davis. (KSS) (Entered: 09/08/2015)

09/08/2015 USCA Case Number 15-5880 for 82 Notice of Appeal filed by Kim Davis. (KSS) (Entered: 09/08/2015)

09/08/2015 89 ORDER: 1. Defendant Davis shall be released from the custody of the U.S. Marshal forthwith. Defendant Davis shall not interfere in any way, directly or indirectly, with the efforts of her deputy clerks to issue marriage licenses to all legally eligible couples. If Defendant Davis should interfere in any way with their issuance, that will be considered a violation of this Order and appropriate sanctions will be considered. 2. CJA counsel for the five (5) deputy clerks who indicated they would comply with the Court's Order shall file a Status Report every fourteen (14) days from the date of entry of this Order unless otherwise excused by the Court. Within those reports Counsel shall report on their clients' respective compliance with the Court's August 12, 2015 Order enjoining the Rowan County Clerk from enforcing her "no marriage licenses" policy, as well as its Order of September 3, 2015 requiring them to issue marriage licenses to all eligible couples in compliance with the Court's prior Order. Signed by Judge David L. Bunning on 9/8/15.(KSS)cc: COR, USMS (Entered: 09/08/2015)

09/08/2015 90 VIRTUAL ORDER: finding as moot 81 Motion Permission to Interview Defendant Kim Davis by American Broadcasting Companies, Inc., 85 Motion for Orderby NBCUniversal Media, LLC Allowing Interview of Kim Davis; 77 Motion to Allow Interview of Kim Davis by Cable News Network, Inc.Signed by Judge David L. Bunning on 9/8/15. (KSS)cc: COR (Entered: 09/08/2015)

09/08/2015 91 RESPONSE in Opposition re 70 MOTION for Injunction Pending Appeal of This Court's August 25, 2015 Order by Kim Davis, Kim Davis(In her official capacity as Rowan County Clerk) filed by Steven L. Beshear, Wayne Onkst. (Attachments: # 1 Proposed Order)(Vance, Palmer) (Entered: 09/08/2015)

09/08/2015 92 MOTION to Dismiss by Steven L. Beshear, Wayne Onkst Third-Party Complaint (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1 - 6/26/15 Beshear Letter, # 3 Proposed Order)(Vance, Palmer) (Entered: 09/08/2015)

09/09/2015 93 MOTION for Daniel I. Mach to Appear Pro Hac Vice by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman ( Filing fee $95; receipt number 0643-3301110) (Attachments: # 1 Exhibit Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Sharp, William) (Entered: 09/09/2015)

09/09/2015 94 MOTION for Ria Tabacco Mar to Appear Pro Hac Vice by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman ( Filing fee $95; receipt number 0643-3301118) (Attachments: # 1 Exhibit Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Sharp, William) (Entered: 09/09/2015)

09/09/2015 95 MOTION for Heather L. Weaver to Appear Pro Hac Vice by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman ( Filing fee $95; receipt number 0643-3301132) (Attachments: # 1 Exhibit Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Sharp, William) (Entered: 09/09/2015)

[yardwork]

2. Thank you. This is fascinating.

[jberryhill]

3. My favorite bits are these, filed as soon as Davis was jailed

09/04/2015 77 MOTION to Allow Interview of Kim Davis by Cable News Network, Inc. (Attachments: # 1 Proposed Order)(Flores, Mark) (Entered: 09/04/2015)

09/07/2015 81 MOTION for permission to interview Defendant Kim Davis by American Broadcasting Companies, Inc. (Attachments: # 1 Proposed Order)(Silletto, Aaron) (Entered: 09/07/2015)

09/08/2015 85 MOTION for Order by NBCUniversal Media, LLC Allowing Interview of Kim Davis (Attachments: # 1 Proposed Order)(Cone, C.) (Entered: 09/08/2015)

But, alas...

09/08/2015 90 VIRTUAL ORDER: finding as moot 81 Motion Permission to Interview Defendant Kim Davis by American Broadcasting Companies, Inc., 85 Motion for Orderby NBCUniversal Media, LLC Allowing Interview of Kim Davis; 77 Motion to Allow Interview of Kim Davis by Cable News Network, Inc.Signed by Judge David L. Bunning on 9/8/15. (KSS)cc: COR (Entered: 09/08/2015)

[procon]

4. Groan... I can't believe I read the whole thing,

but I'm so glad I did! I hope more people will take the time to read this information. I actually learned something new and came away with a better grasp of the legal complexities. Thanks for putting this together!

[jberryhill]

5. I found this part interesting

A lot of times, when you are an attorney for someone and they need to file something in a place where you aren't admitted as an attorney, you grab a local attorney there and have them deal with the local paper pushing. In order to appear in a court where you aren't admitted, you file a motion to be admitted pro hac vice - i.e. for that proceeding - when things have settled down a bit after the initial filing flurry. Basically, you pay a fee and designate a local attorney to be responsible for your conduct and adherence to local rules.

I was taken by the poetic name of this attorney, who has filed to represent the Miller plaintiffs:

09/09/2015 94 MOTION for Ria Tabacco Mar to Appear Pro Hac Vice by Shantel Burke, Jody Fernandez, Kevin Holloway, April Miller, Stephen Napier, Karen Ann Roberts, L. Aaron Skaggs, Barry W. Spartman ( Filing fee $95; receipt number 0643-3301118) (Attachments: # 1 Exhibit Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order)(Sharp, William) (Entered: 09/09/2015)

http://www.nytimes.com/2012/10/14/fashion/weddings/robyn-mar-ria-tabacco-weddings.html?_r=0

Robyn Mei Ping Colbert Mar and Ría Anne Tabacco were married Saturday at Housing Works Bookstore Cafe in Manhattan. Judge Victor Marrero of the United States District Court for the Southern District of New York officiated.

The couple, both 30, met at New York University, from which they received law degrees, Ms. Tabacco cum laude.

...

Ms. Tabacco (seen at right in the picture) is an assistant counsel in the economic justice group at the NAACP Legal Defense and Educational Fund in Manhattan. From 2010 to 2011, she was a law clerk to Judge Marrero. She graduated magna cum laude from Harvard.



It's kind of interesting that her own marriage was officiated by a federal judge.

We see enough of Matt Staver's mug all over this story, and very little of the heroes of this case.

[PJMcK]

6. Great post

Kick and Recommend

Thanks, jberryhill, for an excellent and analytical post. Too often, some people make adamant statements with little understanding of the facts, issues and procedures involved. Your exhaustive explanation of the Kim Davis cases clarifies the specifics of this story.

[Ms. Toad]

7. Nicely done.

Nice reduction of the relatively complex legal process in this case to examples people with not much knowledge of the legal system can understand.

(Although I have to admit that when you started talking about the case being moot, I'm thinking but...sometime's moot isn't moot, then you picked it back up later. )

[jberryhill]

8. I always have a hard time not thinking of this...

Jesse Jackson's "The Question Is Moot" segment from SNL:

http://www.dailymotion.com/video/xewlks_moot_tech

[SidDithers]

9. I always enjoy your posts...

Sid

[Facility Inspector]

10. Next for her?

I wouldn't be surprised if a reality tv deal came out of this.

Anyone in the industry with even a trace of imagination can see the ad revenue in this and the broad appeal.

Not saying I agree with what she did, but this would play well in most of Red State America.

Don't be fooled, she already has image consultants and national campaign level support.

All this shit is brainstormed, scripted, and focus group tested.

It's for a reason.

The farmer brown costume was a gimmick.

The thing about PR people is that they are selling whatever they are selling.

It's their job to have you either hate Kim Davis or love her. Real Jesus teaches the qualities of love for the most part. I don't agree with any of this religious interference in the state, and don't be mistaken, this is a benchmark moment in the Christo-Fascist Taliban movement and their corporate welfare gangster backers know the revenue generating power it entails.

The Point?

It's a "Remember the Alamo" moment. In their creation myth, the element of persecution is most important. This is a martyr level event. Sad, but true. That's why at least TWO US presidential candidates are trying to co-opt this into their campaign narrative.

These are the people in charge of most things. Jesus would rebuke them mightily.

There is no in between, there is no discussion, there is no context, complex ideas are woefully reduced to cartoonish, sport-team NFL levels of followmanship.

So yeah, I believe entirely in the concept Jefferson promulgated that describes a "Wall of Separation Between Church and State . . ." or something like that, you can look it up for free: www.google.com

[kay1864]

11. So if most of Yates and Smith's case is moot...

Does that mean they can't collect damages?

And if they can, can the judge order that the judgment is against Davis personally? i.e., she pays for it rather than the county's insurance. (I'm assuming there's not much he can do about crowdsourcing $$ going into her pocket to offset her payment of a judgment)

[jberryhill]

13. Nope...

They can still collect whatever damages might be available for the initial denial, the denial after the Miller order was issued, and the most important part - their attorney fees.

In general, no, the court doesn't care where the money comes from.

But that's why I mentioned the situation where you put a piano on my foot. I'll probably get a preliminary order for you to take the piano off of my foot, but the case doesn't end there.

[kay1864]

14. Thanks!

What about damage paid by her personally, instead of by county insurance?

[jberryhill]

15. The court doesn't care where the money comes from

If the court orders payment of $X in damages and fees paid to the defendants, then the court doesn't care where the money comes from.

[kay1864]

16. Dang.

Do you know if county insurance normally covers damages from a lawsuit naming an individual?

[jberryhill]

18. No, I don't

But the point of damages is to compensate the plaintiff and get the lawyer paid.

Let's say you are the attorney that put a couple of weeks worth of work into this thing. Are you going to want the court to put some sort of conditions on where the money comes from?

No. You're going to want the money.

Remember, the plaintiffs didn't want her thrown in jail, they wanted her fined.

[Jim Lane]

19. I generally agree but there are some fine distinctions to be made

The plaintiffs would be entitled to seek compensatory damages, punitive damages, and attorney's fees.

The entitlement to compensatory damages is clear but the amount is not. What's a fair dollar amount to compensate you for having to delay your wedding by a couple months? Defendants would have a right to a jury trial on that issue and I'm guessing a Rowan County jury, asked to answer this highly subjective question, would come back with a pretty small award. Whatever the amount is, the County probably has a policy of indemnifying its employees, so the money would come from the County (if it self-insures, as some government entities do) or from its liability insurance carrier.

Punitive damages can be awarded against Davis under section 1983. My observation is that people who aren't lawyers often think that punitives would be appropriate in any case where they disagree with the loser's position. In practice, of course, courts award punitive damages much less often. If they are awarded here, Kentucky might well follow the common rule that bars indemnification or insurance coverage for punitive damages. In that case, Davis would have to pay out of her own pocket. I'll hazard a guess, though, that the plaintiffs won't succeed in recovering punitives even if they seek them. (Incidentally, you write that plaintiffs wanted her fined. Did you mean they wanted punitives? I wouldn't call either compensatory damages or attorney's fees a "fine" but I'm not familiar with the documents the way you are.)

Attorney's fees is likely to be the only basis for any significant monetary award. I'd think that the plaintiffs have a very good chance of recovering that, but that it will come the County or the insurer, not from Davis individually.

[pinboy3niner]

20. The reference to plaintiffs wanting her fined referred to enforcement of the contempt finding

Plaintiffs preferred fining Davis for contempt over jailing her because they did not want to see her raised up as a martyr by her supporters.

[jberryhill]

21. They had wanted her fined for contempt

...because otherwise you have the odd situation of the ACLU looking to have someone locked up. I'm not sure if that's ever happened before, but it struck me as a minor irony.

I agree that attorney fees are the pot of gold at the end of the rainbow, but that's true in a lot of civil rights cases where the main point is obtaining injunctive or declaratory relief. As noted in passing in the OP, that's more or less why it's built into the statute. Otherwise, a lot of civil rights cases wouldn't be pursued.

[riderinthestorm]

12. Bravo!!! Thank you for this!

K&R&K&R&K&R

[msanthrope]

17. The wheels of justice grind slowly, yet exceedingly fine. Great work. nt

[jberryhill]

22. When I get a round tuit

...I'd like to know whether all of the Miller plaintiffs got licenses when Davis was in the pokey.

I would have suggested holding one back until she's back in the office.

[spanone]

23. K&R...