Filings Made in Ongoing State and Federal Cases

On December 23, 2019, attorneys for the disassociated diocese, as defendants-appellants in the federal trademark infringement and false advertising case brought by The Episcopal Church in South Carolina (TECSC), filed a Motion to Stay the Injunction and Stay the Case with the U.S. Court of Appeals for the Fourth Circuit. The motion seeks to temporarily set aside the permanent injunction enacted by U.S. District Court Judge Richard Gergel in favor of TECSC on September 19 until the appeal has been considered by the court, but also asks the court to stay the case until a ruling is made on a case TECSC attorneys maintain is unrelated.

In the September ruling, Judge Gergel recognized TECSC as the historic Diocese of South Carolina. The disassociated diocese had filed a motion to stay the injunction pending appeal with Judge Gergel, which was denied in his ruling on December 18. This new filing appeals that ruling as well.

In response, on Monday, December 30, 2019, attorneys for TECSC (now also known as the Diocese of South Carolina) and The Episcopal Church filed a Response in Opposition to Appellants’ Motion to Stay Injunction and to Stay the Case. 

The federal case was originally filed in March 2013, and in his ruling on September 19, Judge Gergel granted the TECSC’s motion for summary judgement, and declared that the group that disassociated from The Episcopal Church in 2012 (and all affiliated churches) can no longer use the name “Diocese of South Carolina” nor use the “diocesan seal” or “Episcopal shield.” In the December 18 order, Judge Gergel added additional parameters to the injunction to make clear the history and goodwill of the Diocese of South Carolina belong solely to those who remained with the Episcopal Church. 

Proposed Orders Filed in State Case
As requested by South Carolina Circuit Court Judge Edgar Dickson in a hearing on November 26, both sides have now filed proposed orders as to how each believes Judge Dickson should rule on a Motion for Clarification filed by the disassociated diocese in March 2018 (with a supplement filed in September 2018). The motion was seeking clarification on the Supreme Court’s majority opinion in favor of TECSC in August 2017. The judge indicated in the November hearing that he will consider both proposals in writing his order to rule on the motion.