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Case 2:09-cv-02402-JWS Document 138 Filed 10/31/14 Page 1 of 4

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Tara L. Borelli (Pro Hac Vice)


LAMBDA LEGAL DEFENSE AND EDUCATION
FUND, INC.
730 Peachtree Street NE, Suite 1070
Atlanta, Georgia 30308-1210
Email: tborelli@lambdalegal.org
Telephone: 404.897.1880
Facsimile: 404.897.1884

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Peter C. Renn (Pro Hac Vice)


LAMBDA LEGAL DEFENSE AND EDUCATION
FUND, INC.
4221 Wilshire Boulevard, Suite 280
Los Angeles, California 90010-3512
Email: prenn@lambdalegal.org
Telephone: 213.382.7600
Facsimile: 213.351.6050
Daniel C. Barr (Bar No. 010149)
Kirstin T. Eidenbach (Bar No. 027341)
Jerica L. Peters (Bar No. 027356)
PERKINS COIE LLP
2901 North Central Avenue, Suite 2000
Phoenix, Arizona 85012-2788
Email: DBarr@perkinscoie.com
KEidenbach@perkinscoie.com
JPeters@perkinscoie.com
Telephone: 602.351.8000
Facsimile: 602.648.7000
Attorneys for Plaintiffs Joseph R. Diaz, Beverly
Seckinger, Stephen Russell, and Deanna Pfleger, on
behalf of themselves and all others similarly situated

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UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA

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Joseph R. Diaz; Beverly Seckinger; Stephen


Russell; Deanna Pfleger; and Corey Seemiller;
on behalf of themselves and all others similarly
situated,

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Plaintiffs,
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v.
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Janice K. Brewer, personally and in her official


capacity as Governor of the State of Arizona;
et al.,

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Defendants.
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No. CV09-2402-PHX-JWS
PLAINTIFFS AND
DEFENDANTS JOINT MOTION
TO DISSOLVE PRELIMINARY
INJUNCTION AND DISMISS
CASE AND NOTICE OF
WITHDRAWAL OF MOTIONS
FOR SUMMARY JUDGMENT

Case 2:09-cv-02402-JWS Document 138 Filed 10/31/14 Page 2 of 4

Plaintiffs are lesbian and gay employees of the State of Arizona (State) who filed

this action to retain family health coverage for their same-sex partners, which the State

restricts to spouses of employees. As a result of recent developments, same-sex couples

may now marry in Arizona and have their marriages from other jurisdictions recognized

in Arizona. Plaintiffs and Defendants therefore withdraw their motions for summary

judgment and respectfully request that this Court dissolve the preliminary injunction at the

end of December 31, 2014.

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On October 17, 2014, this Court held that Arizona must allow same-sex couples to
marry and must recognize their valid marriages from other jurisdictions. Connolly v.

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Brewer, No. 2:14-cv-00024-JWS (D. Ariz.) at Doc. 88; Majors v. Jeanes, No. 2:14-cv-

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00518 (D. Ariz.) at Doc. 88. That same day, the Attorney General for the State publicly

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announced that the defendants would not appeal those decisions. Alia Beard Rau and

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Mary Jo Pirtzl, Arizona Gay Marriage Legal; Couples Marry Immediately, The Arizona

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Republic (Oct. 17, 2014), available at http://www.azcentral.com/story/news/arizona/

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politics/2014/10/17/arizona-gay-marriage-ruling/17431229/.

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Plaintiffs and Defendants in this case filed motions for summary judgment prior to

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these developments. In light of the fact that same-sex couples may now marry in Arizona,

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and have their marriages from other jurisdictions recognized in Arizona, Plaintiffs and

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Defendants agree that it is no longer necessary for the Court to resolve those motions,

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which are hereby withdrawn.

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Plaintiffs and Defendants also agree that, in light of these recent developments, the

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Court may dissolve the preliminary injunction, Doc. 47, at the end of December 31, 2014.

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After conferring with Plaintiffs, Defendants sent notices, attached as Exhibit A, either

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notifying class members that (1) they must marry their same-sex partners, if they have not

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already done so, in order to retain family health insurance coverage, or that (2) Defendants

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already have a copy of their marriage certificates for a same-sex spouse, and those class

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members are therefore able to continue family health insurance coverage.

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Case 2:09-cv-02402-JWS Document 138 Filed 10/31/14 Page 3 of 4

Given the existence of the permanent injunction in Connolly and Majors, the Court

may dismiss this action as moot at the same time the preliminary injunction is dissolved,

i.e., midnight MST on December 31, 2014. The case may be closed and judgment entered

at that time. Plaintiffs and Defendants request that the Court enter the proposed order

filed with this motion without any further proceedings.

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Dated: October 31, 2014

LAMBDA LEGAL DEFENSE


AND EDUCATION FUND, INC.

THOMAS C. HORNE
ARIZONA ATTORNEY GENERAL

s/ Tara L. Borelli
Attorneys for Plaintiffs

s/ Charles A. Grube, with permission


Senior Agency Counsel
Attorneys for Defendants

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Case 2:09-cv-02402-JWS Document 138 Filed 10/31/14 Page 4 of 4

CERTIFICATE OF SERVICE

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I hereby certify that on October 31, 2014, I electronically transmitted the above

document to the Clerks Office using the CM/ECF System for filing and transmittal of a

Notice of Electronic Filing to the following CM/ECF registrants:

Charles A. Grube (charles.grube@azag.gov)


Kathryn J. Winters (kathryn.winters@azag.gov)

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s/ Tara L. Borelli
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Case 2:09-cv-02402-JWS Document 138-1 Filed 10/31/14 Page 1 of 3

Exhibit A

Case 2:09-cv-02402-JWS Document 138-1 Filed 10/31/14 Page 2 of 3

Janice K. Brewer

Kathy Peckardt

Governor

Interim Director

ARIZONA DEPARTMENT OF ADMINISTRATION


HUMAN RESOURCES DIVISION BENEFIT SERVICES
100 NORTH FIFTEENTH AVENUE SUITE 103
PHOENIX, ARIZONA 85007
(602) 542-5008

October 30, 2014


First Name Last Name
Address
City State Zip
SUBJECT: Same-Sex Spouse Coverage in Benefit Options Plans
Dear First Name:
As a result of the recent change in the State of Arizonas recognition of marriage between same-sex
couples, the Benefit Options plans now recognize same-sex spouses under the definition of eligible
dependents as a legal spouse.
Our records indicate that you have a same-sex domestic partner to whom you are not married (or that you
have not provided a marriage certificate to HRD-Benefit Services prior to the date of this letter) and you
have enrolled them as a domestic partner in the Benefit Options plans. If you would like to have your
domestic partner enrolled as a spouse during this Plan Year, you will have until December 31, 2014, to
submit a marriage certificate proving legal marriage. We will change your benefit plans to reflect pre-tax
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coverage as of 1 day of the pay period following receipt of your marriage certificate.
If you submit a marriage certificate to us and your same-sex domestic partner is updated to spouse in
HRIS before November 21, 2014, you may participate in Open Enrollment online until November 21,
2014. If you update your same-sex domestic partner to spouse after November 21, 2014, you will need
to complete a paper open enrollment form to elect your 2015 benefits.
For same-sex spouses that were covered as domestic partners in the past, we will be working with GAO
Central Payroll to correct any imputed income and post-tax deductions for 2014 since January 1, 2014, or
the date of your marriage, whichever is later.
Employees have been offered same-sex domestic partner coverage pursuant to a preliminary injunction
in Diaz v. Brewer, et al. (Case No.2:09-cv-02402 JWS), pending in the U.S. District Court for the District
of Arizona. Because same-sex couples now may marry, same-sex domestic partners will no longer be
eligible for coverage in the Benefit Options plans effective January 1, 2015, or the date the preliminary
injunction is lifted, whichever is later. If you are not married to your same-sex domestic partner at the time
that domestic partner benefits are no longer available, COBRA will be offered to your same-sex domestic
partner at that time.
Please contact Member Services at 800-304-3687 or 602-542-5008 with any questions.
Sincerely,
Arizona Department of Administration
Human Resources Division Benefit Services

Case 2:09-cv-02402-JWS Document 138-1 Filed 10/31/14 Page 3 of 3

Janice K. Brewer

Kathy Peckardt

Governor

Interim Director

ARIZONA DEPARTMENT OF ADMINISTRATION


HUMAN RESOURCES DIVISION BENEFIT SERVICES
100 NORTH FIFTEENTH AVENUE SUITE 103
PHOENIX, ARIZONA 85007
(602) 542-5008

October 30, 2014


First Name Last Name
Address
City State Zip
SUBJECT: Same-Sex Spouse Coverage in Benefit Options Plans
Dear First Name:
As a result of the recent change in the State of Arizonas recognition of marriage between same-sex
couples, the Benefit Options plans now recognize same-sex spouses under the definition of eligible
dependents as a legal spouse.
Our records indicate that you have provided a marriage certificate for your same-sex spouse who you
married in another state/country and had previously enrolled them as a domestic partner in the Benefit
Options plans. We will treat these certificates as your application to update the status of your domestic
partner to spouse for purposes of the Benefit Options plans. Shortly we will be updating your spouses
dependent type for benefits from domestic partner to spouse in Y.E.S. We will also be changing your
benefit plans to reflect pre-tax coverage as of October 25, 2014.
Once your spouses dependent type has been updated, you may participate in Open Enrollment online
until November 21, 2014. You do not need to complete a paper enrollment form or affidavit.
HRD-Benefit Services will be working with GAO Central Payroll to correct any imputed income and posttax deductions for 2014 since January 1, 2014, or the date of your marriage, whichever is later.
Employees have been offered same-sex domestic partner coverage pursuant to a preliminary injunction
in Diaz v. Brewer, et al. (Case No.2:09-cv-02402 JWS), pending in the U.S. District Court for the District
of Arizona. Because same-sex couples now may marry, same-sex domestic partners will no longer be
eligible for coverage in the Benefit Options plans effective January 1, 2015, or the date the preliminary
injunction is lifted, whichever is later. You will be unaffected by this change, however, because the State
will recognize your spouse as described in the first paragraph of this notice
Please contact Member Services at 800-304-3687 or 602-542-5008 with any questions or if you do not
want this status update to occur.
Sincerely,
Arizona Department of Administration
Human Resources Division Benefit Services

Case 2:09-cv-02402-JWS Document 138-2 Filed 10/31/14 Page 1 of 1

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UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

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Joseph R. Diaz; Beverly Seckinger; Stephen


Russell; Deanna Pfleger; and Corey Seemiller;
on behalf of themselves and all others similarly
situated,
Plaintiffs,

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No. CV09-2402-PHX-JWS
[PROPOSED] ORDER SETTING
DATE FOR DISSOLUTION OF
PRELIMINARY INJUNCTION
AND CASE DISMISSAL

v.
Janice K. Brewer, personally and in her official
capacity as Governor of the State of Arizona;
et al.,
Defendants.

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Based upon the parties joint motion, and for good cause appearing,

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IT IS HEREBY ORDERED that the preliminary injunction, Doc. 47, is dissolved

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effective at midnight MST on December 31, 2014; and

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IT IS FURTHER ORDERED that the case will be dismissed as moot at the same

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time the preliminary injunction is dissolved, i.e., midnight MST on December 31, 2014,

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and the case may be closed and judgment shall be entered as soon thereafter as possible.

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Case 2:09-cv-02402-JWS Document 138-3 Filed 10/31/14 Page 1 of 2

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Tara L. Borelli (Pro Hac Vice)


LAMBDA LEGAL DEFENSE AND EDUCATION
FUND, INC.
730 Peachtree Street NE, Suite 1070
Atlanta, Georgia 30308-1210
Email: tborelli@lambdalegal.org
Telephone: 404.897.1880
Facsimile: 404.897.1884

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Peter C. Renn (Pro Hac Vice)


LAMBDA LEGAL DEFENSE AND EDUCATION
FUND, INC.
4221 Wilshire Boulevard, Suite 280
Los Angeles, California 90010-3512
Email: prenn@lambdalegal.org
Telephone: 213.382.7600
Facsimile: 213.351.6050
Daniel C. Barr (Bar No. 010149)
Kirstin T. Eidenbach (Bar No. 027341)
Jerica L. Peters (Bar No. 027356)
PERKINS COIE LLP
2901 North Central Avenue, Suite 2000
Phoenix, Arizona 85012-2788
Email: DBarr@perkinscoie.com
KEidenbach@perkinscoie.com
JPeters@perkinscoie.com
Telephone: 602.351.8000
Facsimile: 602.648.7000
Attorneys for Plaintiffs Joseph R. Diaz, Beverly
Seckinger, Stephen Russell, and Deanna Pfleger, on
behalf of themselves and all others similarly situated

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UNITED STATES DISTRICT COURT

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DISTRICT OF ARIZONA

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Joseph R. Diaz; Beverly Seckinger; Stephen


Russell; Deanna Pfleger; and Corey Seemiller;
on behalf of themselves and all others similarly
situated,

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Plaintiffs,
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v.
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Janice K. Brewer, personally and in her official


capacity as Governor of the State of Arizona;
et al.,

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Defendants.
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No. CV09-2402-PHX-JWS
CERTIFICATE OF SERVICE

Case 2:09-cv-02402-JWS Document 138-3 Filed 10/31/14 Page 2 of 2

CERTIFICATE OF SERVICE

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I hereby certify that on October 31, 2014 I electronically transmitted the document

entitled [PROPOSED] ORDER SETTING DATE FOR DISSOLUTION OF

PRELIMINARY INJUNCTION AND CASE DISMISSAL to the Clerks Office using the

CM/ECF System for filing and transmittal of a Notice of Electronic Filing to the

following CM/ECF registrants:

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Charles A. Grube (charles.grube@azag.gov)


Kathryn J. Winters (kathryn.winters@azag.gov)

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/s Tara L. Borelli

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