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

Clearinghouse coding complete

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 re…

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On January 24, 2013, DoD rescinded the 1994 directive and stated that "[i]ntegration of women into newly opened positions and units will occur as expeditiously as possible, considering good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.

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)

Attorneys(s) for Plaintiff

Agarwal, Shilpi (California)

Crosby, Margaret C. (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)

Judge(s)

Chen, Edward Milton (California)

Attorneys(s) for Plaintiff

Agarwal, Shilpi (California)

Crosby, Margaret C. (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)

Sun [inactive], Christine Patricia (California)

Thomas, Gillian L. (New York)

Attorneys(s) 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)

Documents in the Clearinghouse

Document

Docket [PACER]

April 23, 2020 Docket
1

Complaint

Nov. 27, 2012 Complaint
18

First Amended Complaint for Declaratory and Injunctive Relief

Oct. 31, 2013 Complaint
36

Stipulation and Order Regarding a Limited Stay of This Matter

May 1, 2014 Order/Opinion
118

Order Granting Defendant's Motion to Dismiss

Service Women's Action Network v. Mattis

320 F.Supp.3d 1082

May 1, 2018 Order/Opinion
122

Third Amended Complaint

Service Women's Action Network v. Mattis

2018 WL 3725691

June 28, 2018 Complaint
140

Order Granting in Part Defendant's Motion to Dismiss

Service Women's Action Network v. Mattis

352 F.Supp.3d 977, 2018 WL 6268873

Nov. 29, 2018 Order/Opinion

Docket

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

Last updated May 11, 2022, 8 p.m.

ECF Number Description 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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 PACER
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 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 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 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 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 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 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 RECAP
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 RECAP
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 RECAP
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 RECAP
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 RECAP
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 RECAP
119

Stipulation and Proposed Order

May 11, 2018 PACER
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 RECAP
122

Amended Complaint

June 28, 2018 PACER
123

Notice of Appearance

June 29, 2018 PACER
124

Stipulation and Proposed Order

July 4, 2018 PACER
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 RECAP
127

Dismiss/Lack of Jurisdiction

1 Proposed Order

View on PACER

Aug. 6, 2018 PACER
128

Opposition/Response to Motion

Aug. 29, 2018 PACER
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 RECAP
148

Stipulation and Proposed Order

March 19, 2019 PACER
149

Order on Stipulation

March 20, 2019 PACER
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 PACER
151

Opposition/Response to Motion

April 5, 2019 PACER
152

Declaration in Support

April 5, 2019 PACER
153

Pro Hac Vice

1 Exhibit Certificate of Good Standing

View on PACER

April 12, 2019 PACER
154

Reply to Opposition/Response

1 Declaration of Douglas Mayer

View on PACER

2 Declaration of Mark Henderson

View on PACER

3 Declaration of Naomi Johnson

View on PACER

April 12, 2019 PACER
155

Declaration in Support

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Exhibit 3

View on PACER

4 Exhibit 4

View on PACER

5 Exhibit 5

View on PACER

6 Exhibit 6

View on PACER

7 Exhibit 7

View on PACER

8 Exhibit 8

View on PACER

9 Exhibit 9

View on PACER

April 12, 2019 PACER
157

Order on Motion for Pro Hac Vice

April 18, 2019 PACER

~Util - Set Motion and Deadlines/Hearings

April 18, 2019 PACER

Clerk's Notice

April 18, 2019 PACER
158

Joint Case Management Statement

April 25, 2019 PACER
159

Motion Hearing

May 3, 2019 PACER

Case Referred to Magistrate Judge for Discovery

May 3, 2019 PACER

Case Referred to Magistrate Judge for Discovery

May 6, 2019 PACER
162

Order on Motion for Protective Order

1 Standing Order

View on PACER

May 8, 2019 PACER
163

Status Report

May 14, 2019 PACER
164

Order

May 16, 2019 PACER
165

Transcript Order

May 17, 2019 PACER
166

Brief

June 4, 2019 PACER

Clerk's Notice

June 5, 2019 PACER
168

Transcript

June 7, 2019 PACER

Clerk's Notice

June 7, 2019 PACER

Clerk's Notice

June 8, 2019 PACER
171

Supplemental Brief

1 Exhibit 1 - July 1999 Final Report

View on PACER

2 Exhibit 2 - March 1999 Status Report

View on PACER

June 11, 2019 PACER
172

Response ( Non Motion )

June 13, 2019 PACER

~Util - Set Deadlines/Hearings

June 18, 2019 PACER

Order

June 18, 2019 PACER
174

Statement

June 19, 2019 PACER

Clerk's Notice

June 20, 2019 PACER
176

Supplemental Brief

June 25, 2019 PACER

Discovery Hearing

June 28, 2019 PACER
178

Order on Discovery Letter Brief

June 29, 2019 PACER
179

Stipulation and Proposed Order

July 3, 2019 PACER
180

Order on Stipulation

July 3, 2019 PACER
181

Response ( Non Motion )

1 Exhibit 1 (Declaration of Tracey Madsen)

View on PACER

Aug. 2, 2019 PACER
182

Response ( Non Motion )

1 Exhibit 1 (Declaration of Thomas Delfilippo)

View on PACER

2 Exhibit 2 (Declaration of Maj Comiskey)

View on PACER

3 Exhibit 3 (Declaration of Col Mayer)

View on PACER

Aug. 16, 2019 PACER
183

Notice of Substitution of Counsel

Aug. 20, 2019 PACER
184

Stipulation and Proposed Order

Aug. 21, 2019 PACER
185

Order on Stipulation

Aug. 22, 2019 PACER
186

Notice of Change In Counsel

Sept. 19, 2019 PACER
187

Status Report

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Oct. 10, 2019 PACER
188

Status Conference

Oct. 18, 2019 PACER
189

Case Management Scheduling Order

Oct. 18, 2019 PACER
190

Notice (Other)

Jan. 7, 2020 PACER
191

Stipulation and Proposed Order

Jan. 8, 2020 PACER
192

Order on Stipulation

Jan. 9, 2020 PACER

Clerk's Notice

Jan. 9, 2020 PACER
194

Stipulation and Proposed Order selecting Mediation

Feb. 26, 2020 PACER
195

Stipulation and Proposed Order

Feb. 26, 2020 PACER
196

Order on Stipulation selecting Mediation

Feb. 26, 2020 PACER
197

Order on Stipulation

Feb. 26, 2020 PACER

Clerk's Notice

March 3, 2020 PACER
199

Stipulation without Proposed Order

March 4, 2020 PACER

Clerk's Notice

March 4, 2020 PACER

Clerk's Notice

March 18, 2020 PACER

Clerk's Notice

April 24, 2020 PACER

Settlement Conference

May 21, 2020 PACER
204

Order Setting Settlement Conference

May 21, 2020 PACER
205

Stipulation and Proposed Order

June 3, 2020 PACER
206

Order on Stipulation

June 3, 2020 PACER

1 - Terminate Hearings AND Clerk's Notice

July 6, 2020 PACER
208

Status Report

July 30, 2020 PACER

Clerk's Notice

July 30, 2020 PACER

Clerk's Notice

Oct. 1, 2020 PACER
211

Stipulation and Proposed Order

Oct. 5, 2020 PACER
212

Order on Stipulation

Oct. 5, 2020 PACER

Clerk's Notice

Oct. 13, 2020 PACER

Clerk's Notice

Oct. 19, 2020 PACER

State / Territory: California

Case Type(s):

Equal Employment

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

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Disparate Treatment

Other

Pattern or Practice

Discrimination-area:

Hiring

Other Conditions of Employment (including assignment, transfer, hours, working conditions, etc)

Promotion

Discrimination-basis:

Sex discrimination

Affected Gender:

Female