Case: Hegar v. Panetta

3:12-cv-06005 | U.S. District Court for the Northern District of California

Filed Date: Nov. 27, 2012

Case Ongoing

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Case Summary

On November 27, 2012, a group of individual servicewomen and the Service Women's Action Network (a nonprofit organization that supports servicewomen and veterans) filed this lawsuit in the U.S. District Court for the Northern District of California against the Secretary of the Department of Defense ("DoD"). The plaintiffs, represented by attorneys from private practice and from the ACLU Women's Rights Project and its Northern California Chapter, asked the Court for declaratory and injunctive relief, challenging as unconstitutional DoD's official policy barring women from serving in units whose primary mission is to engage in direct ground combat. Specifically, the plaintiffs alleged that this 1994 policy could not be justified by any important governmental objective and therefore violated their right to equal protection under the Due Process Clause of the Fifth Amendment.

On January 24, 2013, DoD rescinded the 1994 directive and stated that "[i]ntegration of women into newly opened positions and units will occur as expeditiously as possible, considering good order and judicious use of fiscal resources, but must be completed no later than January 1, 2016." The Military Services, consisting of the Army, Navy, Air Force, and Marine Corps, were ordered to submit plans for implementing the new policy to the Secretary by May 15, 2013. The plaintiffs then filed an amended complaint on October 31, 2013, arguing that DoD had continued to exclude women from applying for or serving in hundreds of thousands of combat positions despite rescinding the 1994 policy directive. DoD responded that this challenge was not ripe because the department was still in the process of implementing the new policy.

At the parties' request, on May 5, 2014, the District Court (Judge Edward M. Chen) entered a limited stay of the case until January 1, 2016, the deadline for implementing the new policy; this was later extended.

In a case management statement dated January 5, 2017, the plaintiffs took the position that the case should remain stayed until it becomes more certain if, and how, implementation of the directive will proceed under the Trump administration. The defendant countered that the plaintiffs do not have standing to maintain the action, and that the claims alleged are moot. The court continued the stay throughout 2017 and hosted periodic case management conferences.

At the end of that year, on December 18, 2017, the plaintiffs filed a second amended complaint. This complaint added further detail to the first amended complaint and restated the same request for relief: a declaration that the defendants had violated the plaintiffs' right to due process and equal protection of the laws, and injunctive relief ending gender-based exclusionary policies and practices and allowing women to apply for all combat-related positions. The defendants moved to dismiss for improper venue, non-justiciability, and lack of standing.

Just under five months later, on May 1, 2018, the court granted the defendant's motion to dismiss. 320 F. Supp. 3d 1082. The court allowed the plaintiff another opportunity to file a third amended complaint. On June 28, 2018, the plaintiffs filed a third amended complaint that challenged the DoD's Leaders First policy, which assigned junior servicewomen exclusively to units with female leaders, and the Marines' segregation of basic training by sex. The defendants again moved to dismiss for lack of jurisdiction and failure to state a claim.

On November 29, 2018, the court denied the defendant's motion to dismiss. Specifically, the court found that the Network had organizational standing to challenge both DoD policies, associational standing to challenge the Marines' training policy, and that the plaintiffs had adequately stated a claim. However, the court found that the Network had not pled facts to establish that it had associational standing to challenge the Leaders First policy. 352 F. Supp. 3d 977.

Following the previous order, the parties began engaging in discovery. On February 26, 2020, Judge Chen referred the case to Magistrate Judge Laurel Beeler for settlement discussions. A settlement conference is scheduled for May 21, 2020. The case is ongoing.

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Summary Authors

Julie Singer (2/13/2017)

Carolyn Weltman (2/28/2016)

Craig Streit (10/26/2016)

Keagan Potts (3/19/2019)

Hope Brinn (5/16/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4179731/parties/service-womens-action-network-v-esper/

Judge(s)

Chen, Edward Milton (California)

Attorney for Plaintiff

Agarwal, Shilpi (California)

Crosby, Margaret C. (California)

Attorney for Defendant

Carmichael, Andrew Evan (District of Columbia)

Cutri-Kohart, Rebecca (District of Columbia)

Judge(s)

Chen, Edward Milton (California)

Attorney for Plaintiff

Agarwal, Shilpi (California)

Crosby, Margaret C. (California)

Esq., Rosemarie Theresa (California)

Gill, Elizabeth O. (California)

Lapidus, Lenora M. (New Jersey)

Migdal, Ariela M (New York)

Overbeck, Mari (California)

Perry, Steven M. (California)

Ring, Rosemarie T (California)

Sun, Christine Patricia (California)

Thomas, Gillian L. (New York)

Attorney for Defendant

Carmichael, Andrew Evan (District of Columbia)

Cutri-Kohart, Rebecca (District of Columbia)

Knapp, Michael Fraser (District of Columbia)

Wolverton, Caroline Lewis (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
3:12-cv-06005	Docket [PACER]	April 23, 2020	April 23, 2020 Docket
1 3:12-cv-06005	Complaint	Nov. 27, 2012	Nov. 27, 2012 Complaint
18 3:12-cv-06005	First Amended Complaint for Declaratory and Injunctive Relief	Oct. 31, 2013	Oct. 31, 2013 Complaint
36 3:12-cv-06005	Stipulation and Order Regarding a Limited Stay of This Matter	May 1, 2014	May 1, 2014 Order/Opinion
118 3:12-cv-06005	Order Granting Defendant's Motion to Dismiss Service Women's Action Network v. Mattis	May 1, 2018	May 1, 2018 Order/Opinion 320 F.Supp.3d 1082
122 3:12-cv-06005	Third Amended Complaint Service Women's Action Network v. Mattis	June 28, 2018	June 28, 2018 Complaint 2018 WL 3725691
140 3:12-cv-06005	Order Granting in Part Defendant's Motion to Dismiss Service Women's Action Network v. Mattis	Nov. 29, 2018	Nov. 29, 2018 Order/Opinion 352 F.Supp.3d 977

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4179731/service-womens-action-network-v-esper/

Last updated Nov. 29, 2025, 5:26 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT; summons issued against Leon Panetta (Filing fee $ 350, receipt number 34611080849). Filed by Mary Jennings Hegar, Colleen Farrell, Alexandra Zoe Bedell, Service Women's Action Network, Jennifer Hunt. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(slh, COURT STAFF) (Filed on 11/27/2012) (Entered: 11/28/2012) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER	Nov. 27, 2012	Nov. 27, 2012
2	Certificate of Interested Entities or Persons by Alexandra Zoe Bedell, Colleen Farrell, Mary Jennings Hegar, Jennifer Hunt, Service Women's Action Network. (slh, COURT STAFF) (Filed on 11/27/2012) (Entered: 11/28/2012)	Nov. 27, 2012	Nov. 27, 2012
3	ADR SCHEDULING ORDER: Case Management Statement due by 2/21/2013. Case Management Conference set for 2/28/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco. (Attachments: # 1 Standing Order)(slh, COURT STAFF) (Filed on 11/27/2012) (Entered: 11/28/2012) 1 Standing Order View on PACER	Nov. 27, 2012	Nov. 27, 2012
4	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-7414946.) filed by Alexandra Zoe Bedell, Colleen Farrell, Mary Jennings Hegar, Jennifer Hunt, Service Women's Action Network. (Attachments: # 1 Certificate/Proof of Service)(Lapidus, Lenora) (Filed on 1/17/2013) (Entered: 01/17/2013) 1 Certificate/Proof of Service View on PACER	Jan. 17, 2013	Jan. 17, 2013
5	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 305, receipt number 0971-7414989.) filed by Alexandra Zoe Bedell, Colleen Farrell, Mary Jennings Hegar, Jennifer Hunt, Service Women's Action Network. (Attachments: # 1 Certificate/Proof of Service)(Migdal, Ariela) (Filed on 1/17/2013) (Entered: 01/17/2013) 1 Certificate/Proof of Service View on PACER	Jan. 17, 2013	Jan. 17, 2013
6	CERTIFICATE OF SERVICE by Alexandra Zoe Bedell, Colleen Farrell, Mary Jennings Hegar, Jennifer Hunt, Service Women's Action Network Regarding Summons, Complaint and Initiating Case Documents (Attachments: # 1 Exhibit 1-3)(Ring, Rosemarie) (Filed on 1/23/2013) (Entered: 01/23/2013) 1 Exhibit 1-3 View on PACER	Jan. 23, 2013	Jan. 23, 2013
7	ORDER by Judge Edward M. Chen granting 4 Motion for Pro Hac Vice (Lapidis) (bpf, COURT STAFF) (Filed on 1/23/2013) Modified on 1/24/2013 (slh, COURT STAFF). (Entered: 01/23/2013)	Jan. 23, 2013	Jan. 23, 2013
8	ORDER by Judge Edward M. Chen granting 5 Motion for Pro Hac Vice (Migdal) (bpf, COURT STAFF) (Filed on 1/23/2013) (Entered: 01/23/2013)	Jan. 23, 2013	Jan. 23, 2013
9	STIPULATION to Extend Time to Respond to Complaint filed by Leon Panetta. (Wolverton, Caroline) (Filed on 1/29/2013) (Entered: 01/29/2013)	Jan. 29, 2013	Jan. 29, 2013
10	STIPULATION WITH PROPOSED ORDER re 3 ADR Scheduling Order filed by Leon Panetta. (Wolverton, Caroline) (Filed on 2/7/2013) (Entered: 02/07/2013)	Feb. 7, 2013	Feb. 7, 2013
11	STIPULATION AND ORDER re 10 ADR Scheduling Order filed by Leon Panetta Case Management Statement due by 7/11/2013. Case Management Conference reset for 7/18/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/8/13. (bpf, COURT STAFF) (Filed on 2/8/2013) (Entered: 02/08/2013)	Feb. 8, 2013	Feb. 8, 2013 RECAP
14	STIPULATION AND ORDER re 13 STIPULATION WITH PROPOSED ORDER re 11 Stipulation and Order, Set Deadlines/Hearings,, to continue Initial Case Management Conference Set for July 18, 2013 and ADR Deadlines filed by Leon Panetta Case Management Statement due by 9/26/2013. Case Management Conference set for 10/3/2013 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 6/11/13. (bpf, COURT STAFF) (Filed on 6/11/2013)	June 12, 2013	June 12, 2013 RECAP
17	STIPULATION AND ORDER re 16 STIPULATION WITH PROPOSED ORDER to Continue Initial Case Management Conference Set for October 8, 2013 and ADR Deadlines filed by Service Women's Action Network, Colleen Farrell, Jennifer Hunt, Mar y Jennings Hegar, Alexandra Zoe Bedell Case Management Statement due by 3/13/2014. Case Management Conference set for 3/20/2014 09:00 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 9/18/13. (bpf, COURT STAFF) (Filed on 9/18/2013)	Sept. 19, 2013	Sept. 19, 2013 RECAP
24	STIPULATION AND ORDER re 22 re 19 MOTION to Dismiss for Lack of Jurisdiction , 17 Stipulation and Order filed by Chuck Hagel. Signed by Judge Edward M. Chen on 1/23/14. (bpf, COURT STAFF) (Filed on 1/23/2014)	Jan. 23, 2014	Jan. 23, 2014 RECAP
35	STIPULATION AND ORDER re 34 STIPULATION WITH PROPOSED ORDER Revised Stipulation and [Proposed] Order Setting Briefing Schedule and Hearing Dates and Continuing Initial Case Status Conference filed by Service Women's Action Netw ork, Case Management Statement due by 8/21/2014. Case Management Conference set for 9/4/2014 09:30 AM in Courtroom 5, 17th Floor, San Francisco. Responses due by 5/5/2014. Replies due by 5/19/2014. Motion Hearing set for 6/26/2014 01:30 PM in Courtroom 5, 17th Floor, San Francisco before Hon. Edward M. Chen.. Signed by Judge Edward M. Chen on 4/10/14. (bpf, COURT STAFF) (Filed on 4/10/2014)	April 10, 2014	April 10, 2014 RECAP
37	STIPULATION AND ORDER re 36 Regarding a Limited Stay of This Matter filed by Service Women's Action Network, Colleen Farrell, Jennifer Hunt, Mary Jennings Hegar, Alexandra Zoe Bedell, Motions terminated: 36 STIPULATION WIT H PROPOSED ORDER Regarding a Limited Stay of This Matter filed by Service Women's Action Network, Colleen Farrell, Jennifer Hunt, Mary Jennings Hegar, Alexandra Zoe Bedell, 23 MOTION for Protective Order to Stay Discovery Pe nding Ruling on Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction filed by Chuck Hagel, 19 MOTION to Dismiss for Lack of Jurisdiction filed by Leon Panetta, Chuck Hagel. CMC reset from 9/4/14 to 11/13/14 at 9:30 a.m. Signed by Judge Edward M. Chen on 5/5/14. (bpf, COURT STAFF) (Filed on 5/5/2014)	May 5, 2014	May 5, 2014 RECAP
45	STIPULATION AND ORDER re 44 STIPULATION WITH PROPOSED ORDER re 43 Clerk's Notice, seeking continuance of further CMC and updated joint CMC statement filed by Ashton Carter Case Management Statement due by 4/9/2015. Further Case Management Conference set for 4/23/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco.. Signed by Judge Edward M. Chen on 2/25/15. (bpf, COURT STAFF) (Filed on 2/25/2015)	Feb. 25, 2015	Feb. 25, 2015 RECAP
48	Order on Stipulation	April 17, 2015	April 17, 2015
49	Notice of Substitution of Counsel	April 27, 2015	April 27, 2015
50	~Util - Set Deadlines/Hearings AND Case Management Conference - Further	April 27, 2015	April 27, 2015
51	Transcript Order	April 28, 2015	April 28, 2015
52	Transcript Order	April 30, 2015	April 30, 2015
53	Transcript	May 5, 2015	May 5, 2015
54	Notice of Change In Counsel	July 21, 2015	July 21, 2015
56	Joint Case Management Statement	July 23, 2015	July 23, 2015
	Clerk's Notice	July 23, 2015	July 23, 2015
57	Declaration in Support	July 24, 2015	July 24, 2015
58	~Util - Set Deadlines/Hearings AND Case Management Conference - Further	July 31, 2015	July 31, 2015
59	Transcript Order	Aug. 4, 2015	Aug. 4, 2015
60	Case Management Conference - Further	Aug. 4, 2015	Aug. 4, 2015
61	Transcript Order	Aug. 17, 2015	Aug. 17, 2015
62	Transcript	Aug. 25, 2015	Aug. 25, 2015
63	Stipulation and Proposed Order	Sept. 10, 2015	Sept. 10, 2015
64	STIPULATION AND ORDER resetting CMC. Case Management Statement due by 11/10/2015. Further Case Management Conference set for 11/19/2015 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 9/14/15. (bpf, COURT STAFF) (Filed on 9/14/2015)	Sept. 14, 2015	Sept. 14, 2015 RECAP
	Clerk's Notice	Nov. 5, 2015	Nov. 5, 2015
66	Case Management Statement	Nov. 13, 2015	Nov. 13, 2015
67	~Util - Set Deadlines/Hearings AND Case Management Conference - Further	Nov. 20, 2015	Nov. 20, 2015
68	Transcript Order	Dec. 3, 2015	Dec. 3, 2015
69	Transcript	Dec. 16, 2015	Dec. 16, 2015
70	Transcript Order	Dec. 22, 2015	Dec. 22, 2015
71	Stipulation and Proposed Order	Feb. 4, 2016	Feb. 4, 2016
72	STIPULATION AND ORDER re 71 For Continuance filed by Ashton Carter Case Management Statement due by 3/3/2016. Further Case Management Conference set for 3/10/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 2/9/16. (bpf, COURT STAFF) (Filed on 2/9/2016)	Feb. 9, 2016	Feb. 9, 2016 RECAP
73	Stipulation and Proposed Order	March 3, 2016	March 3, 2016
74	STIPULATION AND ORDER re 73 STIPULATION WITH PROPOSED ORDER re 72 Stipulation and Order filed by Ashton Carter. Case Management Statement due by 4/28/2016. Further Case Management Conference set for 5/5/2016 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 3/6/16. (bpfS, COURT STAFF) (Filed on 3/7/2016)	March 7, 2016	March 7, 2016 RECAP
75	Case Management Statement	April 28, 2016	April 28, 2016
76	~Util - Set Deadlines/Hearings AND Case Management Conference - Further	May 5, 2016	May 5, 2016
77	Transcript Order	May 12, 2016	May 12, 2016
78	Transcript Order	June 6, 2016	June 6, 2016
79	Transcript	June 12, 2016	June 12, 2016
	Clerk's Notice	Aug. 3, 2016	Aug. 3, 2016
81	Case Management Statement	Aug. 16, 2016	Aug. 16, 2016
82	Order on Motion to Continue	Aug. 19, 2016	Aug. 19, 2016
	Set/Reset Hearings AND Set/Reset Deadlines	Aug. 19, 2016	Aug. 19, 2016
83	Case Management Statement	Sept. 29, 2016	Sept. 29, 2016
84	Case Management Statement	Oct. 3, 2016	Oct. 3, 2016
85	~Util - Set Deadlines/Hearings AND Case Management Conference - Further	Oct. 7, 2016	Oct. 7, 2016
86	Transcript Order	Oct. 7, 2016	Oct. 7, 2016
87	Transcript Order	Oct. 7, 2016	Oct. 7, 2016
88	Transcript	Oct. 17, 2016	Oct. 17, 2016
89	Case Management Statement	Jan. 5, 2017	Jan. 5, 2017
	Clerk's Notice	Jan. 10, 2017	Jan. 10, 2017
91	~Util - Set Deadlines/Hearings AND Case Management Conference - Further	Jan. 13, 2017	Jan. 13, 2017
92	Transcript Order	Jan. 17, 2017	Jan. 17, 2017
93	Transcript Order	Jan. 17, 2017	Jan. 17, 2017
94	Transcript	March 12, 2017	March 12, 2017
95	Notice of Substitution of Counsel	June 26, 2017	June 26, 2017
97	Stipulation and Proposed Order	June 30, 2017	June 30, 2017
	Clerk's Notice	June 30, 2017	June 30, 2017
98	STIPULATION AND ORDER resetting CMC. Case Management Statement due by 9/14/2017. Further Case Management Conference set for 9/21/2017 10:30 AM in Courtroom 5, 17th Floor, San Francisco. Signed by Judge Edward M. Chen on 7/5/17. (bpfS, COURT STAFF) (Filed on 7/5/2017)	July 5, 2017	July 5, 2017 RECAP
99	Joint Case Management Statement	Sept. 14, 2017	Sept. 14, 2017
100	Case Management Conference - Further AND ~Util - Set Deadlines/Hearings	Sept. 22, 2017	Sept. 22, 2017
101	Transcript Order	Sept. 26, 2017	Sept. 26, 2017
102	Transcript	Oct. 6, 2017	Oct. 6, 2017
103	Transcript Order	Oct. 25, 2017	Oct. 25, 2017
104	Joint Case Management Statement	Oct. 27, 2017	Oct. 27, 2017
105	Order AND ~Util - Set Deadlines/Hearings	Nov. 9, 2017	Nov. 9, 2017
106	Statement	Nov. 20, 2017	Nov. 20, 2017
107	Amended Complaint	Dec. 18, 2017	Dec. 18, 2017
108	Pro Hac Vice	Dec. 19, 2017	Dec. 19, 2017
109	Order on Motion for Pro Hac Vice	Dec. 20, 2017	Dec. 20, 2017
110	Dismiss/Lack of Jurisdiction	Feb. 16, 2018	Feb. 16, 2018
111	Opposition/Response to Motion	March 9, 2018	March 9, 2018
112	Reply to Opposition/Response	March 29, 2018	March 29, 2018
113	Joint Case Management Statement	April 12, 2018	April 12, 2018
114	Statement	April 16, 2018	April 16, 2018
115	Motion Hearing AND ~Util - Set Deadlines/Hearings	April 19, 2018	April 19, 2018
118	ORDER by Judge Edward M. Chen Granting 110 Defendant's Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 5/1/2018)	May 1, 2018	May 1, 2018 RECAP
119	Stipulation and Proposed Order	May 11, 2018	May 11, 2018
120	STIPULATION AND ORDER re 119 EXTENDING DEADLINE FOR FILING OF THIRD AMENDED COMPLAINT filed by Service Women's Action Network. Signed by Judge Edward M. Chen on 5/16/18. (bpfS, COURT STAFF) (Filed on 5/16/2018)	May 16, 2018	May 16, 2018 RECAP
122	Amended Complaint	June 28, 2018	June 28, 2018
123	Notice of Appearance	June 29, 2018	June 29, 2018
124	Stipulation and Proposed Order	July 4, 2018	July 4, 2018
125	STIPULATION AND ORDER re 124 EXTENDING THE DEADLINE FOR DEFENDANT'S RESPONSE TO THE THIRD AMENDED COMPLAINT filed by James N Mattis, Leon Panetta, Ashton Carter, Chuck Hagel. Signed by Judge Edward M. Chen on 7/16/18. (bpfS, COURT STAFF) (Filed on 7/16/2018)	July 16, 2018	July 16, 2018 RECAP
127	Dismiss/Lack of Jurisdiction 1 Proposed Order View on PACER	Aug. 6, 2018	Aug. 6, 2018
128	Opposition/Response to Motion	Aug. 29, 2018	Aug. 29, 2018
140	ORDER by Judge Edward M. Chen Granting in Part and Denying in Part 127 Defendant's Motion to Dismiss. (emcsec, COURT STAFF) (Filed on 11/29/2018)	Nov. 29, 2018	Nov. 29, 2018 RECAP
148	Stipulation and Proposed Order	March 19, 2019	March 19, 2019
149	Order on Stipulation	March 20, 2019	March 20, 2019
150	Protective Order 1 Exhibit A - Defendant's Initial Disclosures View on PACER 2 Exhibit B - Pl.'s Second Set of Requests for Production View on PACER 3 Proposed Order View on PACER	March 22, 2019	March 22, 2019
151	Opposition/Response to Motion	April 5, 2019	April 5, 2019

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Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Nov. 27, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are individual servicewomen who have served in Afghanistan and/or Iraq and the Service Women's Action Network, a nonprofit organization that supports servicewomen and veterans.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Defense, Federal

Defendant Type(s):

Jurisdiction-wide