Obergefell et al v. Kasich et al

Filing 21

MOTION for Temporary Restraining Order re David Michener by Plaintiffs John Arthur, James Obergefell. (Attachments: # 1 Exhibit Michener TRO) (Gerhardstein, Alphonse)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
JAMES OBERGEFELL and
JOHN ARTHUR, et al
Plaintiffs,
vs.
JOHN KASICH, et al,
Defendants.

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Case No. 1:13-cv-501
Judge Timothy S. Black
MOTION FOR TEMPORARY
RESTRAINING ORDER RE
DAVID MICHENER

Pursuant to Fed.R.Civ. Proc. 65 Plaintiff David Brian Michener moves for a temporary
restraining order on the same terms and for the same reasons as the temporary restraining order
issued to Plaintiffs John Arthur and James Obergefell in this case. Doc. 13. Plaintiff requests
that the order issue no later than Tuesday September 3, 2013 in order that the cremation of the
spouse of David Brian Michener proceed as scheduled on Wednesday September 4, 2013.
MEMORANDUM
David Michener has been added as a plaintiff through the amended complaint. He and his
husband William Herbert Ives were married on July 22, 2013 in the state of Delaware. Mr. Ives
has since died. He seeks an immediate order that a death certificate issue listing Mr. Ives’ status
as married and listing his name as the spouse of Mr. Ives.
A. FACTS
1. David Michener and William Herbert Ives were married in Delaware on July 22, 2013.
Their marriage is legally recognized in Delaware.
2. They had been together for eighteen years and they have three adopted children.

3. William died unexpectedly of natural causes at University Hospital in Cincinnati, Ohio
on August 27, 2013.
4. His remains are currently at a funeral home in Cincinnati.
5. It was his request that his remains be cremated. A cremation is scheduled for
Wednesday, September 4, 2013.
6. A death certificate must be issued before the cremation can be permitted.
7. Surviving spouse David Michener has requested a death certificate that reflects
William’s status as married spouse and lists David as the surviving spouse. He urgently needs to
bring closure to the family in a manner that respects their marriage and the wishes of the
decedent to be cremated.
8. Defendant Jones has received a request to issue a death certificate reflecting the death of
William Herbert Ives. She has requested, through her counsel that she be given direction from
this Court on how to respond to this request.
B. ARGUMENT
This Court has previously issued a temporary restraining order in this case that orders that a
death certificate be issued under similar circumstances that lists as married a same-sex couple
married outside of Ohio. Doc. 13. A similar order is requested for plaintiff David Brian
Michener for the same reasons set out in the pleadings that resulted in the temporary restraining
order, Doc. 13. A proposed draft order is attached. Defendants have been given notice of this
request for a temporary restraining order. Plaintiffs respectfully request that it be issued
immediately.

Respectfully submitted,

Lisa T. Meeks (0062074)
Newman & Meeks Co., LPA
215 E. Ninth Street, Suite 650
Cincinnati, OH 45202
phone: [phone]
fax: [phone]
[e-mail]
Attorney for Plaintiffs

/s/ Alphonse A. Gerhardstein
Alphonse A. Gerhardstein # 0032053
Trial Attorney for Plaintiffs
Jennifer L. Branch #0038893
Jacklyn Gonzales Martin #0090242
Gerhardstein & Branch Co. LPA
Attorneys for Plaintiffs
432 Walnut Street, Suite 400
Cincinnati, Ohio 45202
[phone]
[phone] fax
[e-mail]
[e-mail]
[e-mail]
Attorneys for Plaintiffs

CERTIFICATE OF SERVICE
I hereby certify that on September 3, 2013, a copy of the foregoing pleading was filed
electronically. Notice of this filing will be sent to all parties for whom counsel has entered an
appearance by operation of the Court’s electronic filing system. Parties may access this filing
through the Court’s system. I further certify that a copy of the foregoing pleading and the Notice
of Electronic Filing has been served by ordinary U.S. mail upon all parties for whom counsel has
not yet entered an appearance electronically.
/s/ Alphonse A. Gerhardstein
Alphonse A. Gerhardstein # 0032053