Case: Service Women’s Action Network v. U.S. Department of Defense

3:15-cv-00137 | U.S. District Court for the District of Connecticut

Filed Date: Feb. 3, 2015

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On February 3, 2015, an advocacy organization for women in military service, Service Women’s Action Network, filed this lawsuit under Freedom of Information Act (“FOIA”) against the United States Department of Defense (“DOD”) in the U.S. District Court for the District of Connecticut. The Act requires government organizations to conduct a reasonable search or to provide the records when requested by the public. The plaintiffs argued that DOD, however, did not comply to the plaintiffs’ request t…

On February 3, 2015, an advocacy organization for women in military service, Service Women’s Action Network, filed this lawsuit under Freedom of Information Act (“FOIA”) against the United States Department of Defense (“DOD”) in the U.S. District Court for the District of Connecticut. The Act requires government organizations to conduct a reasonable search or to provide the records when requested by the public. The plaintiffs argued that DOD, however, did not comply to the plaintiffs’ request to gather information from the US Military Academies about the policies and practices that lead to women’s under-representation in the Academies in violation of FOIA. Represented by ACLU and ACLU of Connecticut, the plaintiffs asked for declaratory relief, and for the court to compel a reasonable search for records and timely production of records on the discrimination faced by women who aspire to be military officers due to the defendants' admissions policies.

On June 23 and July 23, 2015, the defendant filed two status reports to report on the actions taken by the U.S. Military Academy at West Point, the U.S. Air Force Academy, and the U.S. Naval Academy in response to the plaintiffs’ FOIA requests. These Academies has completed reasonable searches designed to find all information in its possession responsive to the plaintiffs’ request, with some exceptions.

On June 17, 2016, the parties filed a stipulation of dismissal informing the court that this case had been settled between the parties and agreed to a stipulated dismissal with prejudice. The case is now closed.

Summary Authors

Soojin Cha (4/14/2016)

Sichun Liu (5/25/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4199471/parties/service-womens-action-network-v-defense/


Judge(s)

Underhill, Stefan R. (Connecticut)

Attorneys(s) for Plaintiff

Lapidus, Lenora M. (New Jersey)

Li, Bethany Yue-Ping (Connecticut)

McGuire, David J. (Connecticut)

Migdal, Ariela M (New York)

Parkin, Jason (New York)

Staub, Sandra J. (Connecticut)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Avery, Vanessa Roberts (Connecticut)

Nestler, Emily B. (District of Columbia)

Judge(s)

Underhill, Stefan R. (Connecticut)

Attorneys(s) for Plaintiff

Lapidus, Lenora M. (New Jersey)

Li, Bethany Yue-Ping (Connecticut)

McGuire, David J. (Connecticut)

Migdal, Ariela M (New York)

Parkin, Jason (New York)

Staub, Sandra J. (Connecticut)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Avery, Vanessa Roberts (Connecticut)

Nestler, Emily B. (District of Columbia)

Documents in the Clearinghouse

Document

3:15-cv-00137

Docket [PACER]

Service Women's Action Network v. U.S. Department of Defense

June 17, 2016

June 17, 2016

Docket
1

3:15-cv-00137

Complaint

Service Women's Action Network v. U.S. Department of Defense

Feb. 3, 2015

Feb. 3, 2015

Complaint
30

3:15-cv-00137

Defendant's first status report

Service Women's Action Network v. U.S. Department of Defense

June 23, 2015

June 23, 2015

Pleading / Motion / Brief
32

3:15-cv-00137

Defendant's second status report

Service Women's Action Network v. U.S. Department of Defense

July 23, 2015

July 23, 2015

Pleading / Motion / Brief
51

3:15-cv-00137

Stipulation of Dismissal

Service Women's Action Network v. U.S. Department of Defense

June 17, 2016

June 17, 2016

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4199471/service-womens-action-network-v-defense/

Last updated Aug. 2, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $400 receipt number 0205-3497028.), filed by Service Women's Action Network. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Wishnie, Michael) (Entered: 02/03/2015)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

3 Exhibit

View on PACER

Feb. 3, 2015

Feb. 3, 2015

RECAP
2

ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 2/3/2015.(Fazekas, J.) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
3

STANDING PROTECTIVE ORDER Signed by Judge Stefan R. Underhill on 2/3/2015.(Fazekas, J.) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
4

NOTICE TO COUNSEL: Counsel initiating or removing this action is responsible for serving all parties with attached documents and copies of 3 Standing Protective Order, 1 Complaint filed by Service Women's Action Network, 2 Electronic Filing Order Signed by Clerk on 2/3/2015.(Fazekas, J.) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
5

NOTICE of Appearance by Sandra J. Staub on behalf of American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network (Staub, Sandra) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
6

MOTION for Attorney(s) Lenora M. Lapidus to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3497636) by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Attachments: # 1 Affidavit)(Staub, Sandra) (Entered: 02/03/2015)

1 Affidavit

View on PACER

Feb. 3, 2015

Feb. 3, 2015

PACER
7

MOTION for Attorney(s) Ariela M. Migdal to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205-3497649) by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Attachments: # 1 Affidavit)(Staub, Sandra) (Entered: 02/03/2015)

1 Affidavit

View on PACER

Feb. 3, 2015

Feb. 3, 2015

PACER
8

NOTICE of Appearance by David J. McGuire on behalf of American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network (McGuire, David) (Entered: 02/03/2015)

Feb. 3, 2015

Feb. 3, 2015

PACER
9

ORDER granting 6 Motion for Attorney Lenora M. Lapidus to Appear Pro Hac Vice. Attorney Lenora M. Lapidus for American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network added.; granting 7 Motion for Attorney Ariela M. Migdal to Appear Pro Hac Vice. Attorney Ariela M. Migdal for American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network added. Certificate of Good Standing due by 4/5/2015. Signed by Clerk on 2/4/2015. (Oliver, T.) (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
10

ENTERED IN ERROR - ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense* with answer to complaint due within *60* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *Yale Law School 127 Wall Street* *New Haven, CT 06511*. (Oliver, T.) Modified on 2/4/2015 (Oliver, T.). (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
11

ELECTRONIC SUMMONS ISSUED in accordance with FOIA statute, 5 U.S.C. 552 as to *Department of Defense* with answer to complaint due within *30* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *Yale Law School 127 Wall Street* *New Haven, CT 06511*. (Oliver, T.) Modified on 2/5/2015 TO CORRECT THE RULE (Oliver, T.). (Entered: 02/04/2015)

Feb. 4, 2015

Feb. 4, 2015

PACER
12

NOTICE of Appearance by Lenora M. Lapidus on behalf of American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network (Lapidus, Lenora) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
13

NOTICE of Appearance by Ariela M. Migdal on behalf of American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network (Migdal, Ariela) (Entered: 02/18/2015)

Feb. 18, 2015

Feb. 18, 2015

PACER
15

ORDER granting 14 Motion to Withdraw as Attorney. Attorney Sandra J. Staub terminated. Signed by Judge Stefan R. Underhill on 2/27/2015. (Freuden, S.) (Entered: 02/27/2015)

Feb. 27, 2015

Feb. 27, 2015

16

NOTICE of Appearance by Emily B. Nestler on behalf of Department of Defense (Nestler, Emily) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

17

NOTICE of Appearance by Emily B. Nestler on behalf of Department of Defense (Nestler, Emily) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

18

Defendant's ANSWER to 1 Complaint with Affirmative Defenses by Department of Defense. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Nestler, Emily) (Entered: 03/20/2015)

March 20, 2015

March 20, 2015

19

NOTICE of Appearance by Vanessa Roberts Avery on behalf of Department of Defense (Avery, Vanessa) (Entered: 03/27/2015)

March 27, 2015

March 27, 2015

20

CERTIFICATE OF GOOD STANDING re 7 MOTION for Attorney(s) Ariela M. Migdal to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−3497649) by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Migdal, Ariela) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

21

CERTIFICATE OF GOOD STANDING re 6 MOTION for Attorney(s) Lenora M. Lapidus to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number 0205−3497636) by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Lapidus, Lenora) (Entered: 04/01/2015)

April 1, 2015

April 1, 2015

22

NOTICE of Appearance by Bethany Yue−Ping Li on behalf of American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network (Li, Bethany) (Entered: 04/07/2015)

April 7, 2015

April 7, 2015

23

MOTION for Leave to Appear Law Student Intern by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Wishnie, Michael) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

24

NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION., Set Deadlines/Hearings: In Person Status Conference set for 4/24/2015 03:00 PM in Chambers Room 411, 915 Lafayette Blvd., Bridgeport, CT before Judge Stefan R. Underhill (Freuden, S.) (Entered: 04/08/2015)

April 8, 2015

April 8, 2015

25

ORDER granting 23 Motion for Leave for Law Student Interns to Appear. Signed by Judge Stefan R. Underhill on 4/10/2015. (Freuden, S.) (Entered: 04/10/2015)

April 10, 2015

April 10, 2015

26

Minute Entry for Proceedings Held Before Judge Stefan R. Underhill: Status Conference held on 4/24/2015. Total Time: 1 hour (Court Reporter Susan Catucci). (Pannu, C.) (Entered: 04/24/2015)

April 24, 2015

April 24, 2015

27

MEMORANDUM of Scheduling Conference, ORDER. (Dispositive Motions due by 9/21/2015). Signed by Judge Stefan R. Underhill on 5/1/2015.(Freuden, S.) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

28

MOTION to Withdraw as Attorney law student Ashley Anderson by Service Women's Action Network. (Wishnie, Michael) (Entered: 05/18/2015)

May 18, 2015

May 18, 2015

29

ORDER granting 28 Motion to Withdraw as Attorney.. Signed by Judge Stefan R. Underhill on 5/19/2015. (Freuden, S.) (Entered: 05/19/2015)

May 19, 2015

May 19, 2015

30

First STATUS REPORT by Department of Defense. (Nestler, Emily) (Entered: 06/23/2015)

June 23, 2015

June 23, 2015

32

Second STATUS REPORT by Department of Defense. (Nestler, Emily) (Entered: 07/23/2015)

July 23, 2015

July 23, 2015

33

ORDER granting 31 Motion to Withdraw as Attorney. Attorney Ariela M. Migdal terminated. Signed by Judge Stefan R. Underhill on 7/28/2015. (Freuden, S.) (Entered: 07/28/2015)

July 28, 2015

July 28, 2015

34

Consent MOTION for Extension of Time until August 28, 2015 for Defendant to submit to Plaintiff its Search Declarations and Vaughn Index 27 Memorandum of Conference, Order, Set Deadlines/Hearings by Department of Defense. (Nestler, Emily) (Entered: 08/24/2015)

Aug. 24, 2015

Aug. 24, 2015

35

ORDER granting 34 Motion for Extension of Time to 8/28/2015 for Defendant to submit Search Declarations and Vaughn Index. Signed by Judge Stefan R. Underhill on 8/25/2015. (Landman, M) (Entered: 08/25/2015)

Aug. 25, 2015

Aug. 25, 2015

36

Joint MOTION for Extension of Time until October 21, 2015 and November 11, 2015 for the Parties' Dispositive Motion 27 Memorandum of Conference, Order, Set Deadlines/Hearings by Department of Defense. (Nestler, Emily) (Entered: 09/18/2015)

Sept. 18, 2015

Sept. 18, 2015

37

ORDER granting 36 Motion for Extension of Time regarding Dispositive Motion Deadlines set in 27 Memorandum of Conference, Order. Signed by Judge Stefan R. Underhill on 9/21/2015. (Landman, M) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

Set Deadlines/Hearings: Defendant shall file any dispositive motion by no later than October 21, 2015; Plaintiffs shall respond to Defendants motion and file any cross motion by no later than November 11, 2015; Defendant shall file a reply in support of any dispositive motion, and a response to any cross motion filed by Plaintiffs, by no later than December 3, 2015; Plaintiffs shall file a reply in support of any cross motion by no later than December 21, 2015. (Landman, M) (Entered: 09/21/2015)

Sept. 21, 2015

Sept. 21, 2015

38

Consent MOTION for Extension of Time until December 18, 2015 regarding Dispositive Motions 37 Order on Motion for Extension of Time by Department of Defense. (Nestler, Emily) (Entered: 10/16/2015)

Oct. 16, 2015

Oct. 16, 2015

39

ORDER granting 38 Motion for Extension of Time re 27 Memorandum of Conference, Order. Defendant shall file all dispositive motions by 12/18/2015 and Plaintiffs shall file responses and/or cross motions by 1/29/16. Signed by Judge Stefan R. Underhill on 10/21/2015. (Landman, M) (Entered: 10/21/2015)

Oct. 21, 2015

Oct. 21, 2015

Set Deadlines/Hearings: Defendant's Dispositive Motions due by 12/18/2015; Plaintiffs' response and/or cross motions due 1/29/2016. (Landman, M) (Entered: 10/22/2015)

Oct. 22, 2015

Oct. 22, 2015

40

Joint MOTION for Extension of Time until January 29, 2016 Dispositive Motions by Department of Defense. (Nestler, Emily) (Entered: 12/17/2015)

Dec. 17, 2015

Dec. 17, 2015

41

ORDER granting 40 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 12/18/2015. (Landman, M) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

Set Deadlines/Hearings: Dispositive Motions due by 1/29/2016. (Landman, M) (Entered: 12/18/2015)

Dec. 18, 2015

Dec. 18, 2015

42

Joint MOTION for Extension of Time until 2/5/2015 for Defendant's Motion for Summary Judgment and related briefing schedule Set Deadlines/Hearings by Department of Defense. (Nestler, Emily) (Entered: 01/28/2016)

Jan. 28, 2016

Jan. 28, 2016

43

ORDER granting 42 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 1/30/2016. (Landman, M) (Entered: 01/30/2016)

Jan. 30, 2016

Jan. 30, 2016

Set Deadlines/Hearings: Defendant's Dispositive Motions due by 2/5/2016, Plaintiffs' Response/Cross Motions due by 3/4/2016, Defendant's Response/Reply due by 4/7/2016, Plaintiffs' Reply due by 4/21/2016. (Landman, M) (Entered: 01/30/2016)

Jan. 30, 2016

Jan. 30, 2016

45

NOTICE of Appearance by Jason Parkin on behalf of American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network (Parkin, Jason) (Entered: 02/08/2016)

Feb. 8, 2016

Feb. 8, 2016

46

ORDER granting 44 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 2/9/2016. (Landman, M) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

Set Deadlines/Hearings: Defendant's Dispositive Motions due by 3/4/2016, Plaintiffs' Response/Cross Motions due by 4/1/2016, Defendant's Response/Reply due by 4/29/2016, Plaintiffs' Reply due by 5/20/2016. (Landman, M) (Entered: 02/09/2016)

Feb. 9, 2016

Feb. 9, 2016

47

Joint MOTION for Extension of Time until April 18, 2016 for Dispositive Motions 46 Order on Motion for Extension of Time by Department of Defense. (Nestler, Emily) (Entered: 02/29/2016)

Feb. 29, 2016

Feb. 29, 2016

48

ORDER granting 47 Motion for Extension of Time. Signed by Judge Stefan R. Underhill on 3/4/2016. (Landman, M) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

Set Deadlines/Hearings: Defendant's Dispositive Motions due by 4/18/2016, Plaintiffs' Response/Cross Motions due by 5/20/2016, Defendant's Response/Reply due by 6/10/2016, Plaintiffs' Reply due by 7/1/2016. (Landman, M) (Entered: 03/04/2016)

March 4, 2016

March 4, 2016

49

Joint MOTION to Vacate Briefing Schedule by Department of Defense. (Nestler, Emily) (Entered: 04/14/2016)

April 14, 2016

April 14, 2016

50

ORDER granting 49 Motion to Vacate. Signed by Judge Stefan R. Underhill on 4/15/2016. (Landman, M) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

Set Deadlines/Hearings: Dispositive Motions due by 6/20/2016; Status Report due by 6/20/2016. (Landman, M) (Entered: 04/15/2016)

April 15, 2016

April 15, 2016

51

STIPULATION of Dismissal by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Li, Bethany) (Entered: 06/17/2016)

June 17, 2016

June 17, 2016

JUDICIAL PROCEEDINGS SURVEY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi−bin/Dispatch.pl?survey(Oliver, T.) (Entered: 06/20/2016)

June 17, 2016

June 17, 2016

14

MOTION for Sandra J. Staub to Withdraw as Attorney by American Civil Liberties Union, American Civil Liberties Union of Connecticut, Service Women's Action Network. (Staub, Sandra) (Entered: 02/24/2015)

Feb. 24, 2015

Feb. 24, 2015

PACER

Case Details

State / Territory: Connecticut

Case Type(s):

Equal Employment

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 3, 2015

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Service Women’s Action Network, ACLU, the American Civil Liberties Union, and the American Civil Liberties Union of Connect.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

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):

College/University

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Required disclosure

Issues

General:

Disparate Treatment

Pattern or Practice

Discrimination-basis:

Sex discrimination

Affected Gender:

Female