On January 12, 2007 the 401st District Court considered our motion for Summary Judgment.

Even after the judge convened his Court an hour late (due to a medical issue), and notice had been provided to CCGLA (Plaintiff) through their attorney about the hearing, CCGLA’s attorney failed to appear or contact the Court.

The judge made a number of comments about this case, and reported that he had reviewed all two volumes the night before. Our attorney provided an update to the Court, and the Court found the following:

1. The Court FINDS that Plaintiffs failed to respond to Defendants’ Motion to Abate and Special Exceptions.
2. The Court FINDS that Plaintiffs failed to attach supplemental affidavit to their pleadings.
3. The Court FINDS that Plaintiffs failed to amend their pleadings as requested.
4. The Court FINDS that Plaintiffs failed to respond to Defendants’ Motion for Summary Judgment.
5. The Court, sua sponte, FINDS that no evidence summary judgment should be granted.

The following orders were then made by the Court:

1. Defendants’ Motion for Summary Judgment was GRANTED.
2. Defendants’ Motion for Summary Judgment was GRANTED on the basis of no evidence.
3. Plaintiffs claims of Suit for Declaratory Relief, Breach of Fiduciary Duty and Request for Temporary Restraining Order were DISMISSED WITH PREJUDICE.
4. Plaintiffs ordered to pay $8,300 in fees and $450 in costs (totalling $8,750).

So finally, after ten months, the case was dismissed in the Foundation’s (and its Trustees) favor.

Court Reference: 401-00994-06

Collin County Gay & Lesbian Alliance, Michael Agan, Lorie Burch, John Clements, Morris Garcia, Rosalinda Martinez, Dawnetta Miller, Wendell Mott, Kenneth Stowe (Plaintiffs)

Collin Equality Foundation, James Nunn, Chris Moss, Brian Marshall, Sean O’Connor (Defendants)

A couple of things have occured since the settlement conference that was held in September.

• A court ordered mediation was scheduled for September 20, 2006; this was delayed until October 26, 2006, following a request from CCGLA’s attorney; no settlement was reached during this conference
• A Motion for Summary Judgment was filed on November 3, 2006 by CEF’s attorney
• A Motion to Compel Discovery and Sanctions was filed on November 17, 2006 by CEF’s attorney
• CCGLA filed for a motion for continuance in the case, which was not granted
• A hearing to consider the Summary Judgment, and Motion to Compel Discovery and Sanctions has been scheduled for January 12, 2007

Court Reference: 401-00994-06

Initial reading of the decision from the New Jersey Supreme Court (Lewis v. Harris [A-68-05]), it appears that the NJ legislature has 180 days to amend the marriage statutes to provide the option for same-sex marriages.

NJ Supreme Court Decision on Lewis v. Harris (A-68-05)

Today I received the court order dismissing the case which I bought against CCGLA. It seems that when you withdraw your claim, it actually is taken as a dismissal - in this case without prejudice (which in legal terms means the case can be re-activated). It is nice to have this finalized.

According to a new report issued by the Amercian Academy of Pediatrics, the ability of same-gender couples having the ability to marry would not harm any children within the relationship. The report goes on to say that children could in fact benefit from the ability of their parents to legally marry (in the case of same-gender couples).

Original link: Good As You