2:13-cv-05641 #81

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Doc 81 - Stipulation and Order of Voluntary Dismissal
  IN THE UNITED ST TES DISTRICT COURT FOR THE E STERN DISTRICT OF PENNSYLV NI CARA PALLADINO and ISABELLE BARKER, Plaintiffs, v. THOMAS W. CORBETT, in his official capacity as Governor o Pennsylvania, and his successors in office; and KATHLEEN KANE, in her official capacity as Attorney General o Pennsylvania, and her successors in office, Defendants. CIVIL ACTION No. 2:13-cv-05641-MAM STIPUL TED ORDER OF VOLUNT RY DISMISS L In light o the May 20, 2014 Memorandum Opinion and Order entered in Whitewood v. Wolf No. 1:13-cv-1861, 2014 U.S. Dist. LEXIS 68771 M.D. Pa. May 20, 2014), declaring inter alia) that 23 Pa.C.S. § 1704 violates the Fourteenth Amendment to the United States Constitution, and permanently enjoining the enforcement thereof, the parties have stipulated and moved to dismiss this action by court order under Fed. R. Civ. P. 4l a) 2). Under the decision in Whitewood v. Wolf the marriage o Plaintiffs Cara Palladino and Isabelle Barker, which was entered into under the laws o the Commonwealth o Massachusetts as evidenced by a marriage certificate dated February 11 2005), shall in all respects be deemed valid and recognized for all purposes under the laws o the Commonwealth o Pennsylvania. Accordingly, Defendants agree that they will take no steps to deprive Plaintiffs o the benefits accorded by the validity and recognition o their marriage under Pennsylvania law. DBl/80981836.1 Case 2:13-cv-05641-MAM Document 81 Filed 10/22/14 Page 1 of 2  Therefore, consistent with the parties stipulation and this Order, the above-captioned action is hereby DISMISSED. As agreed by the parties, all parties shall bear their own costs and expenses, including attorneys fees. Counsel for Plaintiffs s Michael L anks Michael L Banks (Pa. Bar I.D. No. 35052) Eric Kraeutler (Pa. Bar I.D. No. 32189) Joseph B.G. Fay (Pa I.D. No. 33480) Vanessa R Brown (Pa. Bar I.D. No. 315115) Elisa P McEnroe (Pa. Bar I.D. No. 206143) William 0 Mandycz (admitted pro hac vice) Jane Manchisi (Pa. Bar I.D. No. 309085) Jonathan D Wall (Pa. Bar I.D. No. 316692) Morgan Lewis Bockius LLP 1701 Market Street Philadelphia, PA 19103-2921 Counsel for Defendant Attorney General Kathleen Kane s M Abbegael Giunta M Abbegael Giunta (Pa. Bar I.D. No. 94059) Deputy Attorney General Office of Attorney General Strawberry Square, l 5 1h Floor Harrisburg, PA 17120 DBI/80981836.1 2 Counsel for Defendant Governor Thomas W Corbett s Joel L Frank William H. Lamb (Pa. Bar I.D. No. 04927) Joel L. Frank (Pa. Bar I.D. No. 46601) Maureen M. McBride (Pa. Bar I.D. No. 57668) Lamb McErlane PC 24 East Market St. P.O. Box 565 West Chester, PA 19381 BY THE COURT: Case 2:13-cv-05641-MAM Document 81 Filed 10/22/14 Page 2 of 2

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