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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA
SUSAN WATERS and SALLY WATERS,
NICKOLAS KRAMER and JASON
CADEK, CRYSTAL VON KAMPEN and
CARLA MORRIS-VON KAMPEN,
GREGORY TUBACH and WILLIAM
ROBY, JESSICA KALLSTROMSCHRECKENGOST and KATHLEEN
KALLSTROM-SCHRECKENGOST,
MARJORIE PLUMB and TRACY WEITZ,
and RANDALL CLARK and THOMAS
MADDOX,

)
)
)
)
)
)
)
)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
DAVE HEINEMAN in his official
)
capacity as Governor of Nebraska, JON
)
BRUNING in his official capacity as
)
Attorney General of Nebraska, KIM
)
CONROY in her official capacity as Tax
)
Commissioner of the Nebraska Department )
of Revenue, KERRY WINTERER in his
)
official capacity as CEO of the Nebraska
)
Department of Health and Human Services, )
and DAN NOLTE in his official capacity as )
the Lancaster County Clerk,
)
)
Defendants.
)

Civil Action No. 8:13-cv-00215

MOTION FOR
PRELIMINARY INJUNCTION

Plaintiffs Sally and Susan Waters, Nickolas Kramer and Jason Cadek, Crystal Von
Kampen and Carla Morris-Von Kampen, Gregory Tubach and William Roby, Jessica and
Kathleen Kallstrom-Schreckengost, Marjorie Plumb and Tracy Weitz, and Randall Clark and
Thomas Maddox, by and through their attorneys, move this Court pursuant to Fed. R. Civ. P. 65
for entry of a preliminary injunction:

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1. enjoining all defendants and their agents from enforcing Neb. Const. art. I,
29 and any other sources of state law that i) exclude same-sex couples from
marrying, or ii) refuse recognition of the marriages of same-sex couples that
were validly entered into in other jurisdictions;
2. enjoining all defendants and their agents from denying same-sex spouses any
incidents of marriage available to opposite-sex spouses;
3. directing defendant CEO of the Department of Health and Human Services to
i) amend the marriage worksheet that the Department provides to county
clerks, which currently provides a space for groom and a space for bride,
to allow couples to apply for a marriage license regardless of gender; and ii)
accept records of marriages regardless of the genders of the spouses; and
4. enjoining defendant Lancaster County Clerk from denying marriage licenses
to same-sex couples who otherwise meet the requirements to marry under
Nebraska law;
The grounds for the motion, set forth in detail in the accompanying Brief in Support of
Motion for Preliminary Injunction and Exhibits A through N attached hereto, are that i) Plaintiffs
have a strong likelihood of success on the merits of their claims; ii) Plaintiffs will suffer
irreparable harm absent a preliminary injunction; iii) the harm to Plaintiffs absent a preliminary
injunction outweigh any harm to defendants; and iv) granting a preliminary injunction is in the
public interest.
WHEREFORE, Plaintiffs respectfully request that this Court issue a preliminary
injunction affording the requested relief.
Dated this 2nd day of December, 2014

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Respectfully submitted,
s/SUSAN KOENIG, #16540
s/ANGELA DUNNE, #21938
KoenigDunne Divorce Law, PC, LLO
1266 South 13th Street.
Omaha, Nebraska 68108-3502
(402) 346-1132
susan@nebraskadivorce.com
angela@nebraskadivorce.com
Amy A. Miller, #21050
ACLU of Nebraska Foundation
941 O Street #706
Lincoln NE 68508
402-476-8091
amiller@aclunebraska.org
Leslie Cooper
(pro hac vice admission pending)
Joshua Block
(pro hac vice admission pending)
ACLU Foundation
125 Broad St., 18th Floor
New York, New York 10004
(212) 549-2627
lcooper@aclu.org
jblock@aclu.org

CERTIFICATE OF SERVICE
I hereby certify that the counsel of record for the Defendants, Jon Bruning, is being served with a
copy of this document via certified mail to 2115 State Capital, Lincoln, Nebraska on the 2nd day
of December, 2014.
_/s/ Angela Dunne_____________________

8:14-cv-00356-JFB-TDT Doc # 51-1 Filed: 02/23/15 Page 1 of 4 - Page ID # 669

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA
SUSAN WATERS and SALLY WATERS, )
NICKOLAS KRAMER and JASON
)
CADEK, CRYSTAL VON KAMPEN and )
CARLA MORRIS-VON KAMPEN,
)
GREGORY TUBACH and WILLIAM
)
ROBY, JESSICA KALLSTROM)
SCHRECKENGOST and KATHLEEN
)
KALLSTROM-SCHRECKENGOST,
)
MARJORIE PLUMB and TRACY WEITZ,)
and RANDALL CLARK and THOMAS
)
MADDOX,
)
)
Plaintiffs,
)
)
v.
)
)
PETE RICKETTS in his official
)
capacity as Governor of Nebraska,
)
DOUG PETERSON in his official
)
capacity as Attorney General of
)
Nebraska, LEONARD J. SLOUP in
)
his official capacity as Acting Tax
)
Commissioner of the Nebraska
)
Department of Revenue, JOSEPH
)
ACIERNO in his official capacity as
)
Acting CEO of the Nebraska
)
Department of Health and Human
)
Services, and DAN NOLTE in his
)
official capacity as the Lancaster
)
County Clerk,
)
)
Defendants.
)

CIVIL ACTION NO. 8:14-cv-00356

DECLARATION OF ANGELA DUNNE

I, Angela Dunne, hereby declare:
1.

I make the statements in this Declaration based on my own personal knowledge,

except as to any statements which are identified as being made on information and belief, and if
called to testify I could and would do so competently as follows:
2.

I am one of the attorneys of record for the Plaintiffs in this matter.

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3.

At the hearing on Plaintiffs Motion for Injunction held on February 19, 2015, the

Court asked for additional information from the Plaintiffs to be provided to the Court via
affidavit by the end of business on Monday, February 23, 2015.
4.

Counsel for Plaintiffs contacted the Plaintiffs and provides the following

information to the Court regarding each set of Plaintiffs.

5.

SUSAN WATERS and SALLY WATERS:

A.

Susan carries health insurance for the entire family through her
employment at University of Nebraska Omaha. The portion of the
employer paid premium for Sally is taxed as income to Susan.

B.
6.

Neither of them has survivor benefits.

NICKOLAS KRAMER and JASON CADEK:

A.

Jason carries health insurance on the entire family. However, the

employer paid portion of the premium to cover Nickolas is imputed as
taxable income to Jason.

B.
7.

Neither of them has survivor benefits.

CRYSTAL VON KAMPEN and CARLA MORRIS-VON KAMPEN:

A.

Crystal carries health insurance for the entire family through Military
TriCare benefits.

B.

Crystal has a survivor benefit through the Vetrans Administration but she
does not know whether this will follow federal or state rules.

8.

GREGORY TUBACH and WILLIAM ROBY:

A.

They each have their own health insurance though their respective
employer sponsored plans. Gregs employer does offer health insurance
to same sex partners. William works for the State of Nebraska and his
employer does not offer health insurance to same sex partners.

B.
9.

Neither of them has survivor benefits.

JESSICA KALLSTROM-SCHRECKENGOST and KATHLEEN

KALLSTROM-SCHRECKENGOST:
A.

They purchased health insurance for their family through the Healthcare
Marketplace.

B.

Neither of them has survivor benefits.

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10.

MARJORIE PLUMB and TRACY WEITZ:

A.

Tracy carries health insurance for both of them through her employer
sponsored plan. However, she believes that she may be taxed at the state
level on the portion of premiums that her employer pays to cover
Marjorie.

B.
11.

Neither of them has survivor benefits.

RANDALL CLARK and THOMAS MADDOX:

A.

Tom carries health insurance for both of them through his employer
sponsored plan. However, they are living in California and his employer
is a California company.

B.
12.

Neither of them has survivor benefits.

None of the Plaintiffs have a Power of Attorney for Minor Child(ren).

Dated this 23rd day of February, 2015.

Respectfully submitted,
s/SUSAN KOENIG, #16540
s/ANGELA DUNNE, #21938
KoenigDunne Divorce Law, PC, LLO
1266 South 13th Street.
Omaha, Nebraska 68108-3502
(402) 346-1132
susan@nebraskadivorce.com
angela@nebraskadivorce.com
Amy A. Miller, #21050
ACLU of Nebraska Foundation
941 O Street #706
Lincoln NE 68508
402-476-8091
amiller@aclunebraska.org
Leslie Cooper
admitted pro hac vice
Joshua Block
admitted pro hac vice
ACLU Foundation
125 Broad St., 18th Floor

8:14-cv-00356-JFB-TDT Doc # 51-1 Filed: 02/23/15 Page 4 of 4 - Page ID # 672

New York, New York 10004

(212) 549-2627
lcooper@aclu.org
jblock@aclu.org

CERTIFICATE OF SERVICE
I hereby certify that on February 23, 2015, I electronically filed the foregoing document with the
Clerk of the United States District Court for the District of Nebraska, using the CM/ECF system,
causing notice of such filing to be served upon all parties counsel of record.
_/s/ Angela Dunne_____________________