Torres, Chelsea et al v. Rhoades, Kitty
| Chelsea Torres and Jessamy Torres |
| Kitty Rhoades |
| 3:2015cv00288 |
| May 13, 2015 |
| US District Court for the Western District of Wisconsin |
| Madison Office |
| Dane |
| Barbara B. Crabb |
| Stephen L. Crocker |
| Constitutionality of State Statutes |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
93
ORDER enjoining Defendant Linda Seemeyer and her officers, agents, employees, and attorneys, and all others who work in concert with Defendant in connection with registration of births and issuance of birth certificates from enforcing Wis. Stat§ 89 1.40(1) against members of the Plaintiff Class who completed a birth certificate worksheet prior to May 2, 2016. Signed by District Judge Barbara B. Crabb on 9/27/2016. (kwf)
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Filing
91
OPINION and ORDER granting in part and denying in part 71 Motion for Summary Judgment; granting in part and denying in part 75 Motion for Summary Judgment. It is DECLARED that the Wisconsin Department of Health Services's practice before May 2, 2016 of enforcing Wis. Stat § 891.40(1) against female married couples but not different-sex couples is unconstitutional. The department is directed to construe Wis. Stat. § 891.40(1) in gender-neutral terms. In particular, the word &qu ot;husband" in § 891.40(1) should be construed to mean "spouse." The parties may have until September 26, 2016, to confer and then submit a joint memorandum and proposed injunction to the court regarding the issuance of two-parent birth certificates to the appropriate class members. If the parties cannot come to an agreement on this issue, they should each submit their own proposals. If a response is necessary, the parties may have until October 3, 2016, to respond to the other's submission. Signed by District Judge Barbara B. Crabb on 9/14/2016. (kwf)
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Filing
65
OPINION and ORDER granting in part 48 Second Motion to Certify Class under Rule 23. Camilla Bronwen Taylor, Christopher R. Clark and Kyle Anthony Palazzolo of Lambda Legal Defense and Education Fund, Inc. and Tamara Beth Packard of Cullen Weston P ines & Bach LLP are APPOINTED as class counsel. The parties shall adhere to the following schedule for the remainder of the case: Dispositive motions: No later than June 6, 2016. Discovery cutoff: September 30, 2016. Final pretrial submissions: October 31, 2016. Trial: November 14, 2016. Signed by District Judge Barbara B. Crabb on 4/4/2016. (kwf)
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Filing
46
OPINION and ORDER denying without prejudice 25 Motion to Certify Class under Rule 23, 27 Motion for Summary Judgment; denying as premature 44 Motion for Leave to File First Notice of Supplemental Authority. Plaintiffs may have until February 1, 2016, to file a renewed motion for class certification as described in this order. The parties' December 30, 2015 deadline for informing the court whether they believe class notice is appropriate, dkt. 45 , is EXTENDED to February 1, 2016. The February 10, 2016, trial date is STRICKEN. After the court resolves any dispositive motions filed by the parties, the court will set a new date, if one is needed. If plaintiffs do not file a renewed class certification motion or summary judgment motion by February 1, 2016, the court will set a new trial date at that time. Signed by District Judge Barbara B. Crabb on 12/21/2015. (kwf)
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Filing
45
Order to Show Cause. The parties may have until 12/30/2015 to show cause why the class should not receive notice in the event that the court grants the motion for class certification. In addition, the parties should address the question of how notice would be provided. Signed by District Judge Barbara B. Crabb on 12/16/2015. (arw)
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