Case: Baldwin v. Panetta

1:12-cv-00832 | U.S. District Court for the District of District of Columbia

Filed Date: May 23, 2012

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Case Summary

On May 23, 2012, two women officers in the U.S. Army Reserve, sued the Department of Defense and the Army in the United States District Court for the District of Columbia. The plaintiffs, represented by private counsel, asked the court for declaratory and injunctive relief, claiming that their Fifth Amendment rights had been violated by the Department of Defense. Specifically, the plaintiffs claimed the policy of excluding women from 'direct combat' operations violated the Administrative Proced…

As part of the National Defense Authorization Act of 2011, the Department of Defense (DoD) was required to submit a report reviewing its combat exclusion policies for women. The DoD had, since 1994, a specific policy of excluding women from being part of units, from the battalion-level down, that engaged in direct combat. The Army had a similar policy.

On February 9, 2012, the DoD submitted the report to Congress, detailing how the Secretaries of the Army, Navy, and Air Force would be given the power to place women into 'direct combat' units, and that the results of this practice would inform future policymaking. The plaintiffs claimed that the DoD policy still permits the exclusion of women from any position where 'job related physical requirements would necessarily exclude the vast majority of women Service members.'

Plaintiffs claim that (1) the policy violates their equal protection rights under the Due Process Clause of the Fifth Amendment; (2) that Army officers are already circumventing the DoD policy by 'attaching' women to combat brigades, calling them "Cultural Support Teams."; and (3) that the policy of excluding women is futile. The complaint points out that warfare has become non-linear, and that women who are not given weapons and combat training are ill-suited and endangered when the units to which they are assigned come under attack.

On November 4, 2013, the parties submitted a notice of voluntary dismissal. The next day, the Court approved the notice and the case was dismissed without prejudice.

Summary Authors

Blase Kearney (5/29/2012)

Katherine Reineck (2/7/2016)

People

Judge(s)

Collyer, Rosemary M. (District of Columbia)

Attorney for Plaintiff

Baer, Kindra M. (District of Columbia)

Japha, Maureen M. (District of Columbia)

Keane, Megan M. (District of Columbia)

McKelvie, Roderick R. (Delaware)

Judge(s)

Collyer, Rosemary M. (District of Columbia)

Attorney for Plaintiff

Baer, Kindra M. (District of Columbia)

Japha, Maureen M. (District of Columbia)

Keane, Megan M. (District of Columbia)

McKelvie, Roderick R. (Delaware)

Sipes, Christopher N. (District of Columbia)

Documents in the Clearinghouse

Documents in this case

1:12-cv-00832	Docket [PACER]	Nov. 5, 2013	Nov. 5, 2013 Docket
1 1:12-cv-00832	Complaint	May 23, 2012	May 23, 2012 Complaint

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Docket

Last updated March 26, 2025, 9:24 a.m.

ECF Number	Date	Description	Link
1	May 23, 2012	COMPLAINT against THOMAS P. BOSTICK, THOMAS R. LAMONT, JOHN MCHUGH, LEON EDWARD PANETTA ( Filing fee $ 350, receipt number 4616048463) filed by JANE P. BALDWIN, ELLEN L. HARING. (Attachments: # 1 Civil Cover Sheet)(rdj) (Entered: 05/23/2012)	PACER
	May 23, 2012	Summons (4) Issued as to THOMAS P. BOSTICK, THOMAS R. LAMONT, JOHN MCHUGH, LEON EDWARD PANETTA. (rdj) (Entered: 05/23/2012)	PACER
	May 23, 2012	Summons (2) Issued as to U.S. Attorney and U.S. Attorney General (ls, ) (Entered: 05/23/2012)	PACER
2	July 23, 2012	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JOHN M. MCHUGH served on 6/4/2012 (Sipes, Christopher) Modified on 7/24/2012 to correct date of service(rdj). (Entered: 07/23/2012)	PACER
3	July 23, 2012	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LEON EDWARD PANETTA served on 5/24/2012 (Sipes, Christopher) Modified on 7/24/2012 to correct date of service(rdj). (Entered: 07/23/2012)	PACER
4	July 23, 2012	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. THOMAS R. LAMONT served on 6/4/2012 (Sipes, Christopher) Modified on 7/24/2012 to correct date of service(rdj). (Entered: 07/23/2012)	PACER
5	July 23, 2012	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. THOMAS P. BOSTICK served on 6/5/2012 (Sipes, Christopher) Modified on 7/24/2012 to correct date of service(rdj). (Entered: 07/23/2012)	PACER
6	July 25, 2012	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 05/29/2012. (Sipes, Christopher) (Entered: 07/25/2012)	PACER
7	July 25, 2012	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 5/29/2012. Answer due for ALL FEDERAL DEFENDANTS by 7/28/2012. (Sipes, Christopher)	PACER
	July 30, 2012	MINUTE ORDER granting 8 Motion for Extension of Time to Answer. Defendants shall respond to the Complaint no later than September 13, 2012. Signed by Judge Rosemary M. Collyer on 7/30/2012. (lcrmc2) (Entered: 07/30/2012)	PACER
	July 30, 2012	Set/Reset Deadlines/Hearings: Answer to complaint due by 9/13/2012. (cdw) (Entered: 07/31/2012)	PACER
9	Sept. 13, 2012	MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss by THOMAS P. BOSTICK, THOMAS R. LAMONT, JOHN M. MCHUGH, LEON EDWARD PANETTA (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Text of Proposed Order)(Wolverton, Caroline) (Entered: 09/13/2012)	PACER
10	Sept. 19, 2012	NOTICE of Appearance by Kindra M. Baer on behalf of JANE P. BALDWIN, ELLEN L. HARING (Baer, Kindra) (Entered: 09/19/2012)	PACER
11	Sept. 19, 2012	NOTICE of Appearance by Megan Keane on behalf of All Plaintiffs (Keane, Megan) (Entered: 09/19/2012)	PACER
12	Sept. 24, 2012	Unopposed MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss by JANE P. BALDWIN, ELLEN L. HARING (Attachments: # 1 Text of Proposed Order)(Keane, Megan) (Entered: 09/24/2012)	PACER
	Sept. 24, 2012	MINUTE ORDER granting 12 Motion for Extension of Time to File Response/Reply. Plaintiff shall oppose the motion to dismiss by October 31, 2012. Defendants shall reply by November 12, 2012. Signed by Judge Rosemary M. Collyer on 9/24/2012. (lcrmc2) (Entered: 09/24/2012)	PACER
	Sept. 24, 2012	Set/Reset Deadlines/Hearings: Response to 9 due by 10/31/2012. Reply to 9 due by 11/12/2012. (cdw) (Entered: 09/25/2012)	PACER
13	Oct. 31, 2012	Memorandum in opposition to re 9 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss filed by JANE P. BALDWIN, ELLEN L. HARING. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Declaration Declaration of Megan P. Keane In Support of Plaintiffs' Opposition, # 3 Exhibit Exhibit A to Keane Decl., # 4 Exhibit Exhibit B to Keane Decl., # 5 Exhibit Exhibit C to Keane Decl., # 6 Exhibit Exhibit D to Keane Decl., # 7 Exhibit Exhibit E to Keane Decl., # 8 Exhibit Exhibit F to Keane Decl., # 9 Exhibit Exhibit G to Keane Decl.)(Keane, Megan) (Entered: 10/31/2012)	PACER
14	Nov. 6, 2012	Unopposed MOTION for Extension of Time to File Response/Reply as to 9 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss by THOMAS P. BOSTICK, THOMAS R. LAMONT, JOHN M. MCHUGH, LEON EDWARD PANETTA (Attachments: # 1 Text of Proposed Order)(Wolverton, Caroline) (Entered: 11/06/2012)	PACER
	Nov. 7, 2012	MINUTE ORDER granting 14 Motion for Extension of Time to File Response/Reply. By agreement of the parties, defendants shall file their reply brief in support of their motion to dismiss no later than November 20, 2012. Signed by Judge Rosemary M. Collyer on 11/7/2012. (lcrmc2) (Entered: 11/07/2012)	PACER
	Nov. 7, 2012	Set/Reset Deadlines/Hearings: Reply to 9 due by 11/20/2012. (cdw) (Entered: 11/08/2012)	PACER
15	Nov. 20, 2012	REPLY to opposition to motion re 9 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim upon which Relief Can Be Granted filed by THOMAS P. BOSTICK, THOMAS R. LAMONT, JOHN M. MCHUGH, LEON EDWARD PANETTA. (Wolverton, Caroline) (Entered: 11/20/2012)	PACER
16	Feb. 11, 2013	ORDER TO SHOW CAUSE. No later than February 25, 2013, Plaintiffs shall show cause why this case should not be dismissed as moot. If plaintiffs intend to pursue this case, they shall show cause why the case should not be stayed pending final implementation of the amended Department of Defense policy. Signed by Judge Rosemary M. Collyer on 2/11/2013. (lcrmc2) (Entered: 02/11/2013)	PACER
	Feb. 11, 2013	Set/Reset Deadlines/Hearings: Response to Show Cause Order due by 2/25/2013. (cdw) (Entered: 02/13/2013)	PACER
17	Feb. 25, 2013	Joint MOTION to Stay by JANE P. BALDWIN, ELLEN L. HARING (Attachments: # 1 Text of Proposed Order)(Keane, Megan) (Entered: 02/25/2013)	PACER
18	Feb. 25, 2013	RESPONSE TO ORDER TO SHOW CAUSE by JANE P. BALDWIN, ELLEN L. HARING re 16 Order to Show Cause, . (Keane, Megan) (Entered: 02/25/2013)	PACER
	Feb. 25, 2013	MINUTE ORDER granting as unopposed 17 Motion to Stay and discharging 16 Order to Show Cause. The parties have reported in their Motion to Stay and in the Response to the Order to Show Cause that they jointly request that the case be stayed until June 1, 2013, pending implementation of new regulations on the assignment of women to combat positions and possible filing of a motion to dismiss the case as moot. Accordingly, it is ordered that the case is STAYED until June 1, 2013. On or before that date, either the parties shall file a joint status report OR defendants shall file a motion to dismiss. Signed by Judge Rosemary M. Collyer on 2/25/2013. (lcrmc2) (Entered: 02/25/2013)	PACER
	Feb. 25, 2013	Case Stayed. (cdw) (Entered: 02/26/2013)	PACER
19	May 31, 2013	Joint MOTION to Stay Proceedings by JANE P. BALDWIN, ELLEN L. HARING (Attachments: # 1 Text of Proposed Order to Continue the Stay of Proceedings)(Keane, Megan) (Entered: 05/31/2013)	PACER
	May 31, 2013	MINUTE ORDER granting 19 Joint Motion to Stay. At the joint request of the parties, this case is stayed until August 30, 2013. The parties shall file a joint status report no later than August 30, 2013. Signed by Judge Rosemary M. Collyer on 5/31/2013. (lcrmc2) (Entered: 05/31/2013)	PACER
	May 31, 2013	Case Stayed. Set/Reset Deadlines/Hearings: Status Report due by 8/30/2013. (cdw) (Entered: 06/01/2013)	PACER
20	Aug. 30, 2013	STATUS REPORT Joint submission by JANE P. BALDWIN, ELLEN L. HARING. (Keane, Megan) (Entered: 08/30/2013)	PACER
	Sept. 4, 2013	MINUTE ORDER. This case remains stayed until October 31, 2013. The parties shall file a joint status report no later than that date. Signed by Judge Rosemary M. Collyer on 9/4/2013. (lcrmc2) (Entered: 09/04/2013)	PACER
	Sept. 4, 2013	Set/Reset Deadlines/Hearings: Joint Status Report due by 10/31/2013. (cdw) (Entered: 09/04/2013)	PACER
21	Oct. 31, 2013	Joint MOTION to Stay Proceedings , Joint MOTION for Extension of Time to File Joint Status Report by JANE P. BALDWIN, ELLEN L. HARING (Attachments: # 1 Text of Proposed Order)(Keane, Megan) (Entered: 10/31/2013)	PACER
	Nov. 1, 2013	MINUTE ORDER granting 21 Joint Motion to Stay Proceedings and for Extension of Time. The case is stayed until 11/7/13, at which time the stay shall be automatically lifted; the parties' joint status report shall be due no later than 11/7/13. Signed by Judge Rosemary M. Collyer on 11/1/2013. (lcrmc1) (Entered: 11/01/2013)	PACER
22	Nov. 4, 2013	NOTICE of Voluntary Dismissal by All Plaintiffs (Keane, Megan) (Entered: 11/04/2013)	PACER
	Nov. 5, 2013	MINUTE ORDER approving Plaintiffs' 22 Notice of Voluntary Dismissal without prejudice. The case is dismissed and closed. Signed by Judge Rosemary M. Collyer on 11/5/2013. (lcrmc1) (Entered: 11/05/2013)	PACER