303 Creative LLC v. Elenis

U.S. Supreme Court · 19-1413 · 2021 · CourtListener

Cite as 303 Creative LLC v. Elenis, 600 U.S. 570 (2023)

U.S. Supreme CourtSpeech & religious objections Public accommodationsAdverse

Also filed as: 303 Creative v. Elenis

The outcome is this project's own coding of how a case turned out, made from the court's record; it is not the court's finding. How it is coded, and how to ask for a correction, is on the About page.

Docket

No. 19-1413

Nature of suit: 3440 Other Civil Rights
Date filed: 2019-10-28
Last filing: 2024-05-01
Terminated: 2023-08-31

No. 1:16-cv-02372

Assigned to: Philip A. Brimmer
Cause: 42:1983 Civil Rights Act
Nature of suit: Civil Rights: Other
Jurisdiction: Federal Question
Jury demand: None
Date filed: 2016-09-20
Last filing: 2024-11-19
Terminated: 2019-09-26

Proceedings

10th Cir. · No. 19-1413 · Docket on CourtListener

17 documents

303 Creative v. Elenis, No. 19-1413 (10th Cir. filed Oct. 28, 2019)

No. 1:16-cv-02372 · Docket on CourtListener

63 documents

303 Creative LLC v. Elenis, No. 1:16-cv-02372 (D. Colo. filed Sept. 20, 2016)

10th Cir. · No. 19-1413 · Docket on CourtListener

303 Creative v. Elenis, No. 19-1413 (10th Cir.)

Opinion: U.S. Supreme Court · On CourtListener

The court's opinion, in full text on this site

303 Creative LLC v. Elenis, 600 U.S. 570 (2023)

Timeline

2016-09-20 Filed: No. 1:16-cv-02372
2019-09-26 Closed: No. 1:16-cv-02372
2019-10-28 Filed: 10th Cir., No. 19-1413
2020-11-16 Oral argument, 10th Cir.
2022-12-05 Oral argument, U.S. Supreme Court
2023-08-31 Closed: 10th Cir., No. 19-1413

Oral argument

10th Cir. · read transcript

2020-11-16 · 38 min

Oral Argument, 303 Creative v. Elenis, No. 19-1413 (10th Cir. Nov. 16, 2020)

U.S. Supreme Court

2022-12-05 · 122 min

Oral Argument, 303 Creative LLC v. Elenis, No. 21-476 (U.S. Dec. 5, 2022)

Filings on file (81 in 60 docket entries)

Filings on file
Date	No.	Document	Type	Pages	Source
2016-09-20	1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Filing fee $ 400,Receipt Number 1082-5162084)Attorney Jeremy David Tedesco added to party 303 Creative LLC(pty:pla), Attorney Jeremy David Tedesco added to party Lorie Smith(pty:pla), filed by Lorie Smith, 303 Creative LLC. (Attachments: # 1 Exhibit A to Complaint, # 2 Exhibit B to Complaint, # 3 Summons of Aubrey Elenis, # 4 Summons of Anthony Aragon, # 5 Summons of Ulysses J. Chaney, # 6 Summons of Miguel Rene Elias, # 7 Summons of Carol Fabrizio, # 8 Summons of Heidi Hess, # 9 Summons of Rita Lewis, # 10 Summons of Jessica Pocock, # 11 Summons of Cynthia Coffman, # 12 Civil Cover Sheet)(Tedesco, Jeremy) (Entered: 09/20/2016)	Complaint	62	PDF CL

	1-1	Exhibit A to Complaint		29	PDF CL
	1-2	Exhibit B to Complaint		5	PDF CL
	1-11	Summons of Cynthia Coffman		2	PDF CL
2016-09-20	4	CORPORATE DISCLOSURE STATEMENT. (Tedesco, Jeremy) (Entered: 09/20/2016)	Corporate Disclosure Statement	3	PDF CL
2016-09-20	6	MOTION for Preliminary Injunction by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Affidavit of Lorie Smith in Support of Plaintiffs' Preliminary Injunctio, # 2 Appendix Part 1, # 3 Appendix Part 2, # 4 Appendix Part 3, # 5 Proposed Order (PDF Only))(Tedesco, Jeremy) (Entered: 09/20/2016)	Motion for Preliminary Injunction	10	PDF CL

	6-1	Affidavit of Lorie Smith in Support of Plaintiffs' Preliminary Injunctio	Affidavit of Lorie Smith in Support of Plaintiffs' Prelimina	8	PDF CL
	6-2	Appendix Part 1	Appendix Part	26	PDF CL
	6-3	Appendix Part 2	Appendix Part	9	PDF CL
	6-4	Appendix Part 3	Appendix Part	20	PDF CL
2016-09-20	7	BRIEF in Support of 6 MOTION for Preliminary Injunction filed by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 09/20/2016)	Brief in Support of Motion	37	PDF CL
2016-10-07	30	SUMMONS Returned Executed by All Plaintiffs. Cynthia H. Coffman served on 9/28/2016, answer due 10/19/2016. (Tedesco, Jeremy) (Entered: 10/07/2016)	Summons Returned Executed	1	PDF CL
2016-10-19	37	MOTION to Dismiss Verified Complaint for Declaratory and Injunctive Relief by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Morscher, Vincent) (Entered: 10/19/2016)	Motion to Dismiss	25	PDF CL
2016-10-19	38	RESPONSE to 6 MOTION for Preliminary Injunction filed by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Patten, Jack) (Entered: 10/19/2016)	Response to Motion	26	PDF CL
2016-11-02	40	REPLY to Response to 6 MOTION for Preliminary Injunction filed by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 11/02/2016)	Reply to Response to Motion	28	PDF CL
2016-11-09	43	RESPONSE to 37 MOTION to Dismiss Verified Complaint for Declaratory and Injunctive Relief filed by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 11/09/2016)	Response to Motion	39	PDF CL
2017-01-11	46	MINUTE ENTRY for Law and Motion Hearing held before Chief Judge Marcia S. Krieger on 1/11/2017. Deadlines and other matters addressed are as set forth in the Minutes. Court Reporter: Mary George. (pglov) (Entered: 01/11/2017)	Motion Hearing	2	PDF CL
2017-01-30	47	TRANSCRIPT of Law and Motion Hearing held on January 11, 2017 before Judge Krieger. Pages: 1-15. <br> NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov.<br> Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (mgeor, ) (Entered: 01/30/2017)	Transcript	15	PDF CL
2017-02-01	48	MOTION for Summary Judgment and Memorandum by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Affidavit of Lorie Smith, # 2 Affidavit of Jeremy Tedesco, # 3 Appendix in Support of Plaintiffs' Motion for Summary Judgment)(Tedesco, Jeremy) (Entered: 02/01/2017)	Motion for Summary Judgment	92	PDF CL

	48-1	Affidavit of Lorie Smith		8	PDF CL
	48-2	Affidavit of Jeremy Tedesco		2	PDF CL
	48-3	Appendix in Support of Plaintiffs' Motion for Summary Judgment	Appendix in Support of Plaintiffs' Motion for Summary Judgme	55	PDF CL
2017-02-01	49	STIPULATION re 48 MOTION for Summary Judgment and Memorandum Joint Statement of Stipulated Facts by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Tedesco, Jeremy) (Entered: 02/01/2017)	Stipulation	20	PDF CL

	49-1	Exhibit A		29	PDF CL
	49-2	Exhibit B		5	PDF CL
	49-3	Exhibit C		6	PDF CL
	49-4	Exhibit D		6	PDF CL
	49-5	Exhibit E		14	PDF CL
	49-6	Exhibit F		4	PDF CL
	49-7	Exhibit G		2	PDF CL
2017-03-08	51	REPLY to Response to 48 MOTION for Summary Judgment and Memorandum filed by Plaintiffs 303 Creative LLC, Lorie Smith. (Tedesco, Jeremy) (Entered: 03/08/2017)	Reply to Response to Motion	46	PDF CL
2017-09-01	52	ORDER granting in part and denying in part 37 Motion to Dismiss, and denying 6 Motion for Preliminary Injunction and 48 Motion for Summary Judgment, by Chief Judge Marcia S. Krieger on 9/1/17. (dkals, ) (Entered: 09/01/2017)	Order on Motion to Dismiss	13	PDF CL
2018-06-15	61	NOTICE re 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction (Notice After U.S. Supreme Court Ruling on Masterpiece) by Plaintiffs 303 Creative LLC, Lorie Smith (Scruggs, Jonathan) (Entered: 06/15/2018)	Notice (Other)	4	PDF CL
2018-07-03	62	NOTICE re 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction (Notice to the Court Regarding Plaintiffs' Desire to Proceed) by Plaintiffs 303 Creative LLC, Lorie Smith (Scruggs, Jonathan) (Entered: 07/03/2018)	Notice (Other)	4	PDF CL
2018-08-06	67	SUPPLEMENT/AMENDMENT Defendants' Supplemental Brief by Defendants Anthony Aragon, Ulysses J. Chaney, Cynthia H. Coffman, Aubrey Elenis, Miguel Rene Elias, Carol Fabrizio, Heidi Hess, Rita Lewis, Jessica Pocock. (Spear, Skippere) (Entered: 08/06/2018)	Supplement/Amendment	13	PDF CL
2018-08-06	68	SUPPLEMENT/AMENDMENT Plaintiffs' Supplemental Brief on Masterpiece, NIFLA, and Janus by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Exhibit 1)(Scruggs, Jonathan) (Entered: 08/06/2018)	Supplement/Amendment	13	PDF CL
2018-08-14	69	USCA Order and Judgment as to 53 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith: this appeal is dismissed. (USCA Case No. 17-1344) (This document is not the Mandate) (dkals, ) (Entered: 08/14/2018)	USCA Order/Opinion/Judgment	6	PDF CL
2019-05-06	71	MOTION to Withdraw as Attorney Michael Francisco by Plaintiffs 303 Creative LLC, Lorie Smith. (Francisco, Michael) (Entered: 05/06/2019)	Motion to Withdraw as Attorney	4	PDF CL
2019-05-17	72	OPINION AND ORDER denying 6 Motion for Preliminary Injunction and 48 Motion for Summary Judgment by Judge Marcia S. Krieger on 5/17/19. (dkals, ) (Entered: 05/17/2019)	Order	26	PDF CL
2019-06-07	74	RESPONSE to 72 Order by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Affidavit of Jacob P. Warner, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Anderson, Katherine) (Entered: 06/07/2019)	Response	7	PDF CL
2019-09-26	79	OPINION AND ORDER GRANTING SUMMARY JUDGMENT entered by Judge Marcia S. Krieger on 9/26/19. The Court finds that the Defendants are entitled to summary judgment on all of Ms. Smiths claims in this action. The Clerk of the Court shall enter judgment in favor of the Defendants on all claims and close this case. (rkeec) (Entered: 09/26/2019)	Order	8	PDF CL
2019-09-26	80	FINAL JUDGMENT by Clerk in favor of Aubrey Elenis, Charles Garcia, Ajay Menon, Miguel Rene Elias, Richard Lewis, Kendra Anderson, Sergio Cordova, Jessica Pocock, and Phil Weiser and against 303 Creative LLC and Lorie Smith re: 79 Opinion and Order Granting Summary Judgment entered by Judge Marcia S. Krieger on 9/26/19. (rkeec) (Entered: 09/26/2019)	Clerk's Judgment	2	PDF CL
2019-10-25	81	NOTICE OF APPEAL as to 79 Order, 52 Order on Motion to Dismiss, Order on Motion for Summary Judgment, Order on Motion for Preliminary Injunction, 80 Clerk's Judgment, 72 Order by Plaintiffs 303 Creative LLC, Lorie Smith (Filing fee $ 505, Receipt Number 1082-6964947) (Anderson, Katherine) (Entered: 10/25/2019)	Notice of Appeal	3	PDF CL
2021-07-26	86	Main document not on file

	86-1	U.S. Court of Appeals Opinion		106	PDF CL
2021-09-28	88	Letter from U.S. Supreme Court regarding Petition for Writ of Certiorari re 81 Notice of Appeal, ; assigned Supreme Court No. 21-476 ( Appeal No. 19-1413) (sphil, ) (Entered: 10/01/2021)	Letter re Writ of Certiorari	1	PDF CL
2022-10-28	92	USCA Letter advising Certiorari record transmitted to the Supreme Court regarding Petition for Writ of Certiorari re 81 Notice of Appeal, ; assigned Supreme Court No. 21-476 ( Appeal No. 19-1413) (sdunb, ) (Entered: 10/31/2022)	Letter re Writ of Certiorari	60	PDF CL
2023-08-14	96	MOTION for Attorney Fees and Costs and for an Extension of Filing Deadline by Plaintiffs 303 Creative LLC, Lorie Smith. (Scruggs, Jonathan) (Entered: 08/14/2023)	Motion for Attorney Fees	8	PDF CL
2023-08-28	99	RESPONSE to 96 MOTION for Attorney Fees and Costs and for an Extension of Filing Deadline filed by Defendants Kendra Anderson, Sergio Cordova, Aubrey Elenis, Miguel Rene Elias, Charles Garcia, Richard Lewis, Ajay Menon, Jessica Pocock, Phil Weiser. (Attachments: # 1 Exhibit A - August 9, 2023 Order in 19-1413)(Kyles, Alison) (Entered: 08/28/2023)	Response to Motion	4	PDF CL
2023-09-21	102	Main document not on file

	102-1	Exhibit A - Appellants' Reply in Support of Motion for Attorneys' Fees	Exhibit A - Appellants' Reply in Support of Motion for Attor	8	PDF CL
2023-09-22	103	MANDATE of USCA as to 81 Notice of Appeal, filed by 303 Creative LLC, Lorie Smith, 100 USCA Order/Opinion/Judgment, : (USCA Case No. 19-1413) (sphil, ) (Entered: 09/22/2023)	USCA Mandate	2	PDF CL
2023-10-31	107	ORDER OF RECUSAL by Judge Charlotte N. Sweeney on 10/31/2023. ORDERED the Clerk of the Court shall reassign this case to another District Judge and the Status Conference set November 7, 2023 is VACATED. (sphil, ) (Entered: 10/31/2023)	Order of Recusal	1	PDF CL
2023-12-08	117	MINUTE ORDER by Chief Judge Philip A. Brimmer on 12/8/2023, re: 116 Joint Notice Regarding Proposed Final Judgment Language. ORDERED that plaintiffs shall file a brief regarding their proposed final judgment language that shall not exceed five pages of substantive text, as defined by the joint notice, on or before January 8, 2024. ORDERED that defendants shall file a combined response that shall not exceed eight pages of substantive text on or before January 29, 2024. ORDERED that plaintiffs may file a reply that shall not exceed three pages of substantive text on or before February 12, 2024. (jtorr, ) (Entered: 12/11/2023)	Minute Order	1	PDF CL
2024-03-25	123	Joint MOTION to Substitute Party (Defendant Parties) by Defendants Geta Asfaw, Sergio Cordova, Aubrey Elenis, Mayuko Fieweger, Charles Garcia, Daniel S. Ward, Phil Weiser. (Kyles, Alison) (Entered: 03/25/2024)	Motion to Substitute Party	3	PDF CL
2024-03-26	125	ORDER by Chief Judge Philip A. Brimmer on 3/26/24. The Opinion and Order Granting Summary Judgment 79 and the Final Judgment 80 are VACATED as to plaintiffs' first cause of action. The Clerk of the Court shall amend the judgment entered on September 26, 2019 80 in accordance with this order. Plaintiffs may file a bill of costs and motion for attorney's fees in compliance with D.C.COLO.LCivR 54.3 within 90 days of the entry of final judgment. The Court will retain jurisdiction over this action for purposes of determining and entering an award for attorney's fees and costs. Plaintiffs' Motion for Attorneys' Fees and Costs and for an Extension of Filing Deadline 96 is DENIED as moot.(sgrim) (Entered: 03/26/2024)	Order on Motion for Attorney Fees	19	PDF CL
2024-03-26	126	AMENDED FINAL JUDGMENT re: 125 Order, by Clerk on 3/26/24. (sgrim) (Entered: 03/26/2024)	Clerk's Judgment	3	PDF CL
2024-06-14	130	Joint MOTION for Extension of Time to File Plaintiffs' Motion for Attorneys' Fees and Costs and the Bill of Costs by Plaintiffs 303 Creative LLC, Lorie Smith. (Neihart, Bryan) (Entered: 06/14/2024)	Motion for Extension of Time	3	PDF CL
2024-07-24	133	MOTION for Attorney Fees and Costs by Plaintiffs 303 Creative LLC, Lorie Smith. (Attachments: # 1 Affidavit Declaration of J. Scruggs, # 2 Exhibit 1 to Declaration of J. Scruggs, # 3 Exhibit 2 to Declaration of J. Scruggs, # 4 Exhibit 3 to Declaration of J. Scruggs, # 5 Exhibit 4 to Declaration of J. Scruggs, # 6 Exhibit 5 to Declaration of J. Scruggs, # 7 Affidavit Declaration of M. Francisco, # 8 Affidavit 1 to Declaration of M. Francisco, # 9 Affidavit Declaration of K. Gajdzis, # 10 Exhibit 1 to Declaration of K. Gajdzis, # 11 Exhibit 2 to Declaration of K. Gajdzis, # 12 Exhibit 3 to Declaration of K. Gajdzis, # 13 Affidavit Declaration of S. Browning, # 14 Exhibit 1 to Declaration of S. Browning, # 15 Affidavit Declaration of D. Thompson, # 16 Affidavit Declaration of T. Sidebotham, # 17 Affidavit Declaration of A. Nussbaum, # 18 Affidavit Declaration of J. Moseley)(Neihart, Bryan) (Entered: 07/24/2024)	Motion for Attorney Fees	16	PDF CL

	133-1	Affidavit Declaration of J. Scruggs		32	PDF CL
	133-5	Exhibit 4 to Declaration of J. Scruggs		6	PDF CL
	133-13	Affidavit Declaration of S. Browning		29	PDF CL
	133-15	Affidavit Declaration of D. Thompson		10	PDF CL
2024-09-25	139	Joint MOTION for Extension of Time to File Response/Reply as to 133 MOTION for Attorney Fees and Costs and Status Report Regarding Settlement by Defendants Geta Asfaw, Sergio Cordova, Aubrey Elenis, Mayuko Fieweger, Charles Garcia, Daniel S. Ward, Phil Weiser. (Kyles, Alison) (Entered: 09/25/2024)	Motion for Extension of Time to File Response/Reply	4	PDF CL
2024-11-19	145	NOTICE of Settlement by Plaintiffs 303 Creative LLC, Lorie Smith (Neihart, Bryan) (Entered: 11/19/2024)	NOTICE of Settlement by Plaintiffs 303 Creative LLC, Lorie S	3	PDF CL
		filing		4	PDF CL
		Main document not on file

		Main Document		103	PDF CL
		filing		2	PDF CL
		filing		9	PDF CL
		filing		1	PDF CL
		Document			PDF CL
		filing		90	PDF CL
		filing		1	PDF CL
		filing		1	PDF CL
		filing		60	PDF CL
		filing		2	PDF CL
		Main document not on file

		Main Document		4	PDF CL
		filing		4	PDF CL
		Main document not on file

		Supplemental Mandate Letter		1	PDF CL
		filing		4	PDF CL
		Main document not on file

		Main Document		6	PDF CL
2021-07-26		Main document not on file

		[10846086] Affirmed;Terminated on the merits after oral hearing;Written, signed, published; Judges Tymkovich (dissenting), Briscoe (authoring) and Murphy. Mandate to issue.--[Edited 07/27/2021 by SDS	Filing	103
2022-10-28		[10950981] Certiorari record transmitted to the Supreme Court. Index and transmittal letter attached to docket entry	Filing	60

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