Case: Doe v. Trump

1:17-cv-01597 | U.S. District Court for the District of Columbia

Filed Date: Aug. 9, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 9, 2017, five active duty servicemembers in the United States military who openly identified as transgender people filed this lawsuit in the U.S. District Court for the District of Columbia against the President, Department of the Army, Department of the Air Force, and other government agencies. Three additional plaintiffs, including one student at the U.S. Naval Academy and one student participating in the Reserve Officers’ Training Corps, were added to the suit in an amended complai…

On August 9, 2017, five active duty servicemembers in the United States military who openly identified as transgender people filed this lawsuit in the U.S. District Court for the District of Columbia against the President, Department of the Army, Department of the Air Force, and other government agencies. Three additional plaintiffs, including one student at the U.S. Naval Academy and one student participating in the Reserve Officers’ Training Corps, were added to the suit in an amended complaint. The plaintiffs sued under the Due Process and Equal Protection clauses of the Fifth Amendment, as well as under the theory of estoppel. The plaintiffs, represented by GLBTQ Legal Advocates & Defenders, the National Center for Lesbian Rights, and private counsel, sought declaratory judgment that the ban on transgender people from military service is unconstitutional.

The plaintiffs also sought preliminary and permanent injunctive relief prohibiting implementation of the President’s directive to prohibit transgender individuals from serving in the Armed Forces. Specifically, on July 26, 2017, President Trump announced, through a series of tweets, a prohibition on the open service of transgender people in the military. On August 25, 2017, the President signed a formal directive to the Secretary of Defense and the Secretary of Homeland Security categorically excluding transgender people from enlisting or serving openly in the military.

From June 2016, when the U.S. military adopted a policy to permit transgender servicemembers to serve openly, the military provided ongoing support for openly transgender people serving in the armed forces. In reliance on the promises of the U.S. military, transgender servicemembers self-identified and pursued medical treatment for the purpose of gender transition. According to the plaintiffs, estoppel prevented the military from rescinding the rights, benefits, and protections promised to the plaintiffs.

The plaintiffs moved for a preliminary injunction on August 31, 2017, to prohibit the defendants from implementing the ban on transgender people enlisting and serving in the U.S. military. On October 4, 2017, the defendants filed a motion to dismiss for lack of jurisdiction and failure to state a claim for which relief can be granted. On October 30, 2017, Judge Colleen Kollar-Kotelly granted in part and denied in part the plaintiffs’ motion for preliminary injunction and the defendants’ motion to dismiss. The order prohibited the defendants from complying with the accession and retention directives of the Presidential directive until the case is resolved. The order effectively reverted to the status quo with regard to the hiring and retention of opening transgender servicemembers. The court also held that it did not have jurisdiction to adjudicate the prohibition against the expenditures of medical treatment relating to gender transition because none of the plaintiffs established a likelihood of being harmed by that prohibition. Finally, the court dismissed the plaintiffs’ claim of relief under the theory of estoppel but permitted the plaintiffs to file an amended complaint with regard to estoppel. 275 F.Supp.3d 167.

On November 21, 2017, the defendants appealed to the D.C. Circuit, but then filed a notice of voluntary dismissal on December 29, 2017. Back in the district court, on March 2, 2018, the defendants filed a partial motion for judgment on the pleadings and motion to partially dissolve the preliminary injunction only with regard to President Trump as a party to the lawsuit.

On April 6, 2018, the plaintiff filed the second amended complaint and took out the estoppel claim. The defendant then filed a motion to dismiss again on April 20, 2018, as well as a motion for summary judgment and motion to dissolve the preliminary injunction. The plaintiff then filed a cross-motion for summary judgment on May 11.

On August 6, 2018, Judge Kollar-Kotelly granted the defendants’ partial motion for judgment on the pleadings and motion to partially dissolve the preliminary injunction only to the extent that it ran against the president. Accordingly, President Trump was dismissed as a party from this case. On the same day, Judge Kollar-Kotelly also denied the defendants’ motion to dismiss the second amended complaint, together with the defendants’ motion for summary judgment and motion to dissolve the preliminary injunction. 315 F.Supp.3d 474. On August 24, 2018, Judge Kollar-Kotelly also denied the plaintiffs’ cross-motion for summary judgment. 322 F.Supp.3d 92

On August 27, the defendant again appealed to the D.C. Circuit. On January 4, 2019, Judges Griffith, Wilkins, and Williams issued a per curiam judgment that the district court’s denial of the defendants’ motion to dissolve the preliminary injunction is reversed and the preliminary injunction is vacated without prejudice. The circuit court stated that the district court made an erroneous finding that the new policy was merely an implementation of the 2017 policy. The circuit court reasoned that the government took substantial steps to cure the procedural deficiencies in the enjoined 2017 memorandum and the new policy was no longer a blanket ban on transgender service. As a result, the court believed that the public interest weighed in favor of dissolving the injunction.

In addition to the D.C. Circuit’s per curiam judgment, the Supreme Court recently issued a relevant order in Trump v. Karnoski. 586 U.S. 18A625 (Jan. 22, 2019). In Karnoski, the U.S. District Court for the Western District of Washington issued a preliminary injunction enjoining the government from taking any action on transgender individuals in the military inconsistent with the status quo that existed prior to the 2017 memorandum. Based on these decisions, the scope and breath of discovery of this case might change, so the district court ordered the parties to file a joint status report by March 28, 2019.

On March 8, 2019, the defendants filed a notice to inform the court that they intended to release a Directive-Type Memorandum (DTM) to implement the new policy in the near future. The court issued a notice and stated that the defendants could not implement the policy because the preliminary injunction ordered on October 30, 2017, was still effective. It said that the fact that three other nationwide preliminary injunctions were stayed had no impact on the continued effectiveness of this court’s preliminary injunction. Therefore, the defendants were not permitted to implement the new policy until a mandate is issued by the D.C. Circuit.

As of May 9, 2020, the parties have been continuing to engage in discovery.

Summary Authors

Meg Hlousek (2/12/2018)

Sichun Liu (3/29/2019)

Hope Brinn (5/9/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6135119/parties/doe-v-trump/


Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Millett, Patricia Ann (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Bonauto, Mary L. (Massachusetts)

Brill, Kathleen M. (Massachusetts)

Cambier, Adam M. (Massachusetts)

Delgado, Jennifer Fiorica (New York)

Eidelson, Ben (District of Columbia)

Hoder, Harriet (Massachusetts)

Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Millett, Patricia Ann (District of Columbia)

Rogers, Judith Ann Wilson (District of Columbia)

Tatel, David S. (District of Columbia)

Attorneys(s) for Plaintiff

Bonauto, Mary L. (Massachusetts)

Brill, Kathleen M. (Massachusetts)

Cambier, Adam M. (Massachusetts)

Delgado, Jennifer Fiorica (New York)

Eidelson, Ben (District of Columbia)

Hoder, Harriet (Massachusetts)

Hutchinson, Rachel C. (Massachusetts)

Lamb, Kevin M. (District of Columbia)

Laporte, Claire (Massachusetts)

Levi, Jennifer (Massachusetts)

Licker, Michael J. (Massachusetts)

Looney, Christopher R. (Massachusetts)

McFadden, Daniel L. (Massachusetts)

Milgroom, Lauren Godles (Massachusetts)

Miller, Matthew E. (Massachusetts)

Minter, Shannon (California)

Roosevelt, Theresa (District of Columbia)

Rosenbaum, Zachary D. (New York)

Schoenfeld, Alan E. (New York)

Schroeder, Nancy Lynn (California)

Slachetka, Meg (New York)

Stoll, Christopher (California)

Unikowsky, Adam Granich (District of Columbia)

Whelan, Amy E. (California)

Wolfson, Paul Reinherz (District of Columbia)

Attorneys(s) for Defendant

Carmichael, Andrew Evan (District of Columbia)

Dorsey, Catherine (District of Columbia)

Dover, Marleigh D. (District of Columbia)

Enlow, Courtney (District of Columbia)

Morrissey, Tara S. (District of Columbia)

Parker, Ryan B. (District of Columbia)

Other Attorney(s)

Abegg, Heidi Karin (District of Columbia)

Colb, Sara A. (Massachusetts)

Hogan, Howard Sean (District of Columbia)

Koh, Harold H. (Connecticut)

Manning, Susan Baker (District of Columbia)

Schaerr, Gene C. (District of Columbia)

Schafer, Matthew (New York)

Schuster, Stephanie (District of Columbia)

Spector, Phillip Michael (Maryland)

Titus, Herbert W. (Virginia)

Wilkens, Scott B. (District of Columbia)

Documents in the Clearinghouse

Document

17-05267

Appellate Docket

U. S. Court of Appeals for the District of Columbia Circuit

March 28, 2019

March 28, 2019

Docket

1:17-cv-01597

Docket [PACER]

May 7, 2020

May 7, 2020

Docket
1

1:17-cv-01597

Complaint for Declaratory and Injunctive Relief

Aug. 9, 2017

Aug. 9, 2017

Complaint
9

1:17-cv-01597

Amended Complaint for Declaratory and Injunctive Relief

Aug. 31, 2017

Aug. 31, 2017

Complaint
61

1:17-cv-01597

Memorandum Opinion

275 F.Supp.3d 167, 2017 WL 4873042

Oct. 30, 2017

Oct. 30, 2017

Order/Opinion
60

1:17-cv-01597

Order

Oct. 30, 2017

Oct. 30, 2017

Order/Opinion

17-05267

Order

U. S. Court of Appeals for the District of Columbia Circuit

Jan. 4, 2018

Jan. 4, 2018

Order/Opinion
106

1:17-cv-01597

Second Amended Complaint

April 6, 2018

April 6, 2018

Complaint
157

1:17-cv-01597

Memorandum Opinion Denying Defendants' Motion to Dismiss

315 F.Supp.3d 474

Aug. 6, 2018

Aug. 6, 2018

Order/Opinion
155

1:17-cv-01597

Memorandum Opinion

319 F.Supp.3d 539

Aug. 6, 2018

Aug. 6, 2018

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6135119/doe-v-trump/

Last updated June 4, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief, against ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES OF AMERICA, HEATHER A. WILSON ( Filing fee $ 400 receipt number 0090-5066975) filed by JANE DOE 3, JANE DOE 2, JANE DOE 1, JANE DOE 4, JANE DOE 5. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - Trump, # 3 Summons - Mattis, # 4 Summons - Dunford, # 5 Summons - U.S. Army, # 6 Summons - McCarthy, # 7 Summons - U.S. Air Force, # 8 Summons - Wilson, # 9 Summons - U.S. Coast Guard, # 10 Summons - Duke, # 11 Summons - U.S.A.)(Wolfson, Paul) (Entered: 08/09/2017)

1 Civil Cover Sheet

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2 Summons - Trump

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3 Summons - Mattis

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4 Summons - Dunford

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5 Summons - U.S. Army

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6 Summons - McCarthy

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7 Summons - U.S. Air Force

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8 Summons - Wilson

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9 Summons - U.S. Coast Guard

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10 Summons - Duke

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11 Summons - U.S.A.

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Aug. 9, 2017

Aug. 9, 2017

RECAP

Case Assigned/Reassigned

Aug. 9, 2017

Aug. 9, 2017

PACER
2

MOTION to Proceed Under Pseudonyms, by JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5 (Attachments: # 1 Text of Proposed Order)(Wolfson, Paul) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER

Case Assigned to Judge Colleen Kollar-Kotelly. (sth)

Aug. 9, 2017

Aug. 9, 2017

PACER
3

ORDER granting 2 Motion for Plaintiffs to proceed under pseudonyms. Signed by Judge Amy Berman Jackson on 8/10/17. (sth) (Entered: 08/11/2017)

Aug. 10, 2017

Aug. 10, 2017

RECAP
4

SUMMONS (9) Issued Electronically as to ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, HEATHER A. WILSON. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(sth) (Entered: 08/11/2017)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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Aug. 11, 2017

Aug. 11, 2017

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Summons Not Issued

Aug. 11, 2017

Aug. 11, 2017

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SUMMONS Not Issued as to US Attorney and the US Attorney General. (sth)

Aug. 11, 2017

Aug. 11, 2017

PACER
5

ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 08/11/2017. (DM) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

RECAP
6

SEALED DOCUMENT filed by JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5(This document is SEALED and only available to authorized persons.)(Wolfson, Paul) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
7

NOTICE of Appearance by Kevin Matthew Lamb on behalf of JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5 (Lamb, Kevin) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Aug. 30, 2017

Aug. 30, 2017

PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alan E. Schoenfeld, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 7 World Trade Center, 250 Greenwich Street, New York, NY 10007. Phone No. - 212-937-7294. Fax No. - 212-230-8888 Filing fee $ 100, receipt number 0090-5096409. Fee Status: Fee Paid. by JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5 (Attachments: # 1 Declaration of Alan E. Schoenfeld In Support of Motion for Admission Pro Hac Vice, # 2 Text of Proposed Order)(Lamb, Kevin) (Entered: 08/30/2017)

1 Declaration of Alan E. Schoenfeld In Support of Motion for Admission Pro Hac Vic

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2 Text of Proposed Order

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Aug. 30, 2017

Aug. 30, 2017

RECAP

MINUTE ORDER GRANTING 8 Motion for Leave to Appear Pro Hac Vice of Attorney Alan E. Schoenfeld, in order for him to appear as co-counsel for Plaintiffs, contingent on said attorney filing a declaration certifying familiarity with this Court's Local Rules by no later than SEPTEMBER 6, 2017. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Colleen Kollar-Kotelly on 8/30/2017. (lcckk3)

Aug. 30, 2017

Aug. 30, 2017

PACER
9

AMENDED COMPLAINT for Declaratory and Injunctive Relief, against ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES OF AMERICA, HEATHER A. WILSON, UNITED STATES DEPARTMENT OF THE NAVY, DEFENSE HEALTH AGENCY, RICHARD V. SPENCER, RAQUEL C. BONO filed by JANE DOE 2, JANE DOE 1, JANE DOE 3, JANE DOE 4, JANE DOE 5, DYLAN KOHERE, REGAN V. KIBBY, JOHN DOE, 1. (Attachments: # 1 Summons - U.S. Department of the Navy, # 2 Summons - Defense Health Agency, # 3 Summons - Raquel C. Bono, # 4 Summons - Richard V. Spencer)(Lamb, Kevin) (Entered: 08/31/2017)

1 Summons - U.S. Department of the Navy

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2 Summons - Defense Health Agency

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3 Summons - Raquel C. Bono

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4 Summons - Richard V. Spencer

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Aug. 31, 2017

Aug. 31, 2017

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10

REQUEST FOR SUMMONS TO ISSUE (Summons - Air Force) re 9 Amended Complaint,, filed by JANE DOE 2, JANE DOE 1, JANE DOE 3, DYLAN KOHERE, JANE DOE 4, JOHN DOE, 1, REGAN V. KIBBY, JANE DOE 5. Related document: 9 Amended Complaint,, filed by DYLAN KOHERE, JANE DOE 3, JANE DOE 2, JANE DOE 1, JANE DOE 4, JANE DOE 5, JOHN DOE, 1, REGAN V. KIBBY. (Attachments: # 1 Summons - Army, # 2 Summons - Coast Guard, # 3 Summons - Duke, # 4 Summons - Dunford, # 5 Summons - Mattis, # 6 Summons - McCarthy, # 7 Summons - Trump, # 8 Summons - United States, # 9 Summons - Wilson)(Lamb, Kevin) (Entered: 08/31/2017)

1 Summons - Army

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2 Summons - Coast Guard

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3 Summons - Duke

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4 Summons - Dunford

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5 Summons - Mattis

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6 Summons - McCarthy

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7 Summons - Trump

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8 Summons - United States

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9 Summons - Wilson

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Aug. 31, 2017

Aug. 31, 2017

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11

SEALED DOCUMENT filed by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE(This document is SEALED and only available to authorized persons.)(Lamb, Kevin) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
12

NOTICE of Appearance by Ryan Bradley Parker on behalf of All Defendants (Parker, Ryan) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

RECAP
13

MOTION for Preliminary Injunction with 65.1(d) Expedited Request, by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Kevin M. Lamb, # 2 Exhibit A-F (Lamb Dec.), # 3 Declaration of Brad R. Carson, # 4 Exhibit A-C (Carson Dec.), # 5 Declaration of Deborah Lee James, # 6 Exhibit A-D (James Dec.), # 7 Declaration of Eric K. Fanning, # 8 Exhibit A-F (Fanning Dec.), # 9 Declaration of Raymond Edwin Mabus, Jr., # 10 Exhibit A-F (Mabus Dec.), # 11 Declaration of George Richard Brown, MD, DFAPA, # 12 Exhibit A-D (Brown Dec.), # 13 Declaration of Margaret C. Wilmoth, # 14 Declaration of Regan V. Kibby, # 15 Declaration of Dylan Kohere, # 16 Text of Proposed Order)(Lamb, Kevin) (Entered: 08/31/2017)

1 Declaration of Kevin M. Lamb

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2 Exhibit A-F (Lamb Dec.)

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3 Declaration of Brad R. Carson

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4 Exhibit A-C (Carson Dec.)

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5 Declaration of Deborah Lee James

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6 Exhibit A-D (James Dec.)

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7 Declaration of Eric K. Fanning

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8 Exhibit A-F (Fanning Dec.)

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9 Declaration of Raymond Edwin Mabus, Jr.

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10 Exhibit A-F (Mabus Dec.)

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11 Declaration of George Richard Brown, MD, DFAPA

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12 Exhibit A-D (Brown Dec.)

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13 Declaration of Margaret C. Wilmoth

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14 Declaration of Regan V. Kibby

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15 Declaration of Dylan Kohere

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16 Text of Proposed Order

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Aug. 31, 2017

Aug. 31, 2017

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14

MOTION for Hearing Request for Expedited Hearing and Statement of Facts Making Expedition Essential, by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE re 13 MOTION for Preliminary Injunction with 65.1(d) Expedited Request, (Lamb, Kevin) Modified event title on 9/1/2017 (znmw). (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

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15

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration of Christopher R. Looney, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Text of Proposed Order (SEALED))(Lamb, Kevin) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
16

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jennifer Levi, :Firm- GLBTQ Legal Advocates & Defenders, :Address- 30 Winter St., Ste. 800, Boston, Massachusetts 02108. Phone No. - 617-426-1350. Filing fee $ 100, receipt number 0090-5099052. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration Jennifer Levi, # 2 Text of Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER

Order

Sept. 1, 2017

Sept. 1, 2017

PACER
17

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Shannon P. Minter, :Firm- National Center for Lesbian Rights, :Address- 870 Market St., Ste. 370, San Francisco, California 94102. Phone No. - 415-392-6257. Filing fee $ 100, receipt number 0090-5099060. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Shannon P. Minter, # 2 Text of Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

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Telephone Conference

Sept. 1, 2017

Sept. 1, 2017

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18

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mary L. Bonauto, :Firm- GLBTQ Legal Advocates & Defenders, :Address- 30 Winter St., Ste. 800, Boston, Massachusetts 02108. Phone No. - 617-426-1350. Filing fee $ 100, receipt number 0090-5099075. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Mary L. Bonauto, # 2 Text of Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

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19

NOTICE of Filing of Supplemental Declaration of Alan E. Schoenfeld in Support of Motion for Admission Pro Hac Vice by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE re Order on Motion for Leave to Appear Pro Hac Vice, (Attachments: # 1 Declaration of Alan E. Schoenfeld)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER

MINUTE ORDER. The Court held a teleconference in this matter on September 1, 2017 to set a briefing schedule for Plaintiffs' 13 Application for a Preliminary Injunction. At the parties' request, the Court entered the following schedule: Defendants shall file an opposition to Plaintiffs' Application by no later than SEPTEMBER 22, 2017. Plaintiffs shall file a reply by no later than SEPTEMBER 29, 2017. The parties were also ordered to file a notice with the Court by no later than SEPTEMBER 6, 2017 indicating their positions as to whether the Court's consideration of Plaintiffs' preliminary injunction application should be consolidated with its final determination of the merits of the case. Signed by Judge Colleen Kollar-Kotelly on 9/1/2017. (lcckk3)

Sept. 1, 2017

Sept. 1, 2017

PACER
20

SUMMONS (5) Issued Electronically as to RAQUEL C. BONO, DEFENSE HEALTH AGENCY, RICHARD V. SPENCER, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES OF AMERICA. (znmw) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

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21

SUMMONS (9) Reissued Electronically as to ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, HEATHER A. WILSON (znmw) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
22

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher R. Looney, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 60 State Street, Boston, MA 02109. Phone No. - 617-526-6313. Fax No. - 617-526-5000 Filing fee $ 100, receipt number 0090-5100097. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Christopher R. Looney, # 2 Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
23

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nancy Lynn Schroeder, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 350 S. Grand Avenue, Suite 2100, Los Angeles, CA 90071. Phone No. - (213) 443-5393. Fax No. - (213) 443-5400 Filing fee $ 100, receipt number 0090-5100160. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Nancy Lynn Schroeder, # 2 Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
24

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adam M. Cambier, :Firm- Wilmer Cutler Pickering Hale and Dorr LLP, :Address- 60 State Street, Boston, MA 02109. Phone No. - 617-526-6262. Fax No. - 617-526-5000 Filing fee $ 100, receipt number 0090-5100204. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Adam M. Cambier, # 2 Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
25

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher F. Stoll, :Firm- National Center for Lesbian Rights, :Address- 870 Market St., Ste. 370, San Francisco, California 94102. Phone No. - 415-392-6257. Filing fee $ 100, receipt number 0090-5100239. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Christopher F. Stoll, # 2 Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER

Minute Entry for proceedings held before Judge Amy Berman Jackson: Telephone Conference on the record held on 9/1/2017. Defendants' Response to 13 due by 9/22/2017. Plaintiffs' Reply due by 9/29/2017. Joint Status Report due by 9/6/2017. (Court Reporter Janice Dickman.) (dot)

Sept. 1, 2017

Sept. 1, 2017

PACER
26

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amy Whelan, :Firm- National Center for Lesbian Rights, :Address- 870 Market St., Ste. 370, San Francisco, California 94102. Phone No. - 415-392-6257. Filing fee $ 100, receipt number 0090-5100283. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declration of Amy Whelan, # 2 Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
27

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathleen M. Brill, :Firm- Foley Hoag LLP, :Address- 155 Seaport Boulevard, Boston, MA 02210. Phone No. - 617-832-1229. Filing fee $ 100, receipt number 0090-5100368. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Kathleen M. Brill, # 2 Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
28

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Rachel C. Hutchinson, :Firm- Foley Hoag LLP, :Address- 155 Seaport Boulevard, Boston, MA 02210. Phone No. - 617-832-3063. Filing fee $ 100, receipt number 0090-5100387. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Rachel C. Hutchinson, # 2 Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
29

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Claire Laporte, :Firm- Foley Hoag LLP, :Address- 155 Seaport Boulevard, Boston, MA 02210. Phone No. - 617-832-1210. Filing fee $ 100, receipt number 0090-5100401. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Claire Laporte, # 2 Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
30

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael J. Licker, :Firm- Foley Hoag LLP, :Address- 155 Seaport Boulevard, Boston, MA 02210. Phone No. - 617-832-1197. Filing fee $ 100, receipt number 0090-5100412. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Michael J. Licker, # 2 Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
31

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel L. McFadden, :Firm- Foley Hoag LLP, :Address- 155 Seaport Boulevard, Boston, MA 02210. Phone No. - 617-832-1293. Filing fee $ 100, receipt number 0090-5100477. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Daniel L. McFadden, # 2 Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER
32

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew E. Miller, :Firm- Foley Hoag LLP, :Address- 155 Seaport Boulevard, Boston, MA 02210. Phone No. - 617-832-3041. Filing fee $ 100, receipt number 0090-5100489. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Matthew E. Miller, # 2 Proposed Order)(Lamb, Kevin) (Entered: 09/01/2017)

Sept. 1, 2017

Sept. 1, 2017

PACER

MINUTE ORDER GRANTING 16, 17, 18, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31 and 32 Motions for Leave to Appear Pro Hac Vice for Attorneys Jennifer Levi, Shannon P. Minter, Mary L. Bonauto, Christopher R. Looney, Nancy Lynn Schroeder, Adam M. Cambier, Christopher F. Stoll, Amy Whelan, Kathleen M. Brill, Rachel C. Hutchinson, Claire Laporte, Michael J. Licker, Daniel L. McFadden and Matthew E. Miller in order for them to appear as co-counsel for Plaintiffs. Counsel shall promptly register for this Court's CM/ECF system. Signed by Judge Colleen Kollar-Kotelly on 9/5/2017. (lcckk3)

Sept. 5, 2017

Sept. 5, 2017

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 5, 2017

Sept. 5, 2017

PACER
33

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Harriet Hoder, :Firm- Wilmer Cutler Pickering Hale & Dorr LLP, :Address- 60 State Street, Boston, MA 02109. Phone No. - 617-526-6203. Fax No. - 617-526-5000 Filing fee $ 100, receipt number 0090-5104723. Fee Status: Fee Paid. by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Harriet Hoder, # 2 Text of Proposed Order)(Lamb, Kevin) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
34

NOTICE regarding Consolidation of Plaintiffs' Motion for a Preliminary Injunction and the Merits of Plaintiffs' Claims by RAQUEL C. BONO, DEFENSE HEALTH AGENCY, ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, RICHARD V. SPENCER, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES OF AMERICA, HEATHER A. WILSON (Attachments: # 1 Exhibit Presidential Memorandum regarding Military Service by Transgender Individuals)(Parker, Ryan) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
35

RESPONSE TO ORDER OF THE COURT re Order,,, filed by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE. (Wolfson, Paul) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

RECAP

MINUTE ORDER GRANTING 33 Motion for Leave to Appear Pro Hac Vice for Attorney Harriet Hoder in order for her to appear as co-counsel for Plaintiffs. Counsel shall promptly register for this Court's CM/ECF system. There are now 16 attorneys who are appearing pro hac vice on behalf of Plaintiffs. The Court notes that attorneys for Plaintiffs only need to move to appear pro hac vice before the Court if they are actually going to participate in Court proceedings. LCvR 83.2(d). Signed by Judge Colleen Kollar-Kotelly on 9/8/2017. (lcckk3)

Sept. 8, 2017

Sept. 8, 2017

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 8, 2017

Sept. 8, 2017

PACER
36

ORDER Regarding Plaintiffs' 13 Application for a Preliminary Injunction, 14 Request for Expedited Hearing and 15 Motion for Leave to File Documents under Seal. Signed by Judge Colleen Kollar-Kotelly on 9/10/2017. (lcckk3) (Entered: 09/10/2017)

Sept. 10, 2017

Sept. 10, 2017

RECAP
37

Joint MOTION for Protective Order by RAQUEL C. BONO, DEFENSE HEALTH AGENCY, JAMES N. MATTIS, RYAN D. MCCARTHY, RICHARD V. SPENCER, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES OF AMERICA, HEATHER A. WILSON (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
38

ORDER granting 37 Motion for Protective Order. Signed by Judge Colleen Kollar-Kotelly on 9/13/17. (dot) (Entered: 09/18/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
39

Unopposed MOTION for Extension of Time to Respond to Plaintiffs' Motion for a Preliminary Injunction, Unopposed MOTION for Briefing Schedule by RAQUEL C. BONO, DEFENSE HEALTH AGENCY, ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, RICHARD V. SPENCER, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES OF AMERICA, HEATHER A. WILSON (Attachments: # 1 Text of Proposed Order)(Parker, Ryan) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER

Order on Motion for Extension of Time to

Sept. 20, 2017

Sept. 20, 2017

PACER

MINUTE ORDER. The Court is in receipt of Defendants' 39 Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction and for Entry of a Briefing Schedule. Defendants request an additional two weeks to file their opposition to Plaintiffs' Application for Preliminary Injunction and a motion to dismiss. They also request a briefing schedule on these motions that would not be complete until October 27, 2017. The Court will GRANT-IN-PART Defendants' motion. The parties shall adhere to the following schedule: Defendants shall file their opposition to Plaintiffs' Application for Preliminary Injunction and Motion to Dismiss by no later than OCTOBER 2, 2017. Plaintiffs shall file a reply in support of their Application and an opposition to Defendants' Motion to Dismiss by no later than OCTOBER 13, 2017. Defendants shall file a reply in support of their Motion to Dismiss by no later than OCTOBER 20, 2017. Signed by Judge Colleen Kollar-Kotelly on 9/20/2017. (lcckk3)

Sept. 20, 2017

Sept. 20, 2017

PACER
40

REDACTED DOCUMENT- Declaration of Christopher R. Looney in Support of Plaintiffs' Application for Preliminary Injunction to 13 MOTION for Preliminary Injunction with 65.1(d) Expedited Request,, 36 Order by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Lamb, Kevin) (Entered: 09/21/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Sept. 21, 2017

Sept. 21, 2017

RECAP
41

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RAQUEL C. BONO served on 9/5/2017; DEFENSE HEALTH AGENCY served on 9/5/2017; ELAINE C. DUKE served on 9/5/2017; JOSEPH F. DUNFORD, JR. served on 9/6/2017; JAMES N. MATTIS served on 9/6/2017; RYAN D. MCCARTHY served on 9/5/2017; RICHARD V. SPENCER served on 9/6/2017; DONALD J. TRUMP served on 9/11/2017; UNITED STATES COAST GUARD served on 9/5/2017; UNITED STATES DEPARTMENT OF THE AIR FORCE served on 9/5/2017; UNITED STATES DEPARTMENT OF THE ARMY served on 9/5/2017; UNITED STATES DEPARTMENT OF THE NAVY served on 9/5/2017; UNITED STATES OF AMERICA served on 9/6/2017; HEATHER A. WILSON served on 9/5/2017 (Attachments: # 1 Summons Executed as to AirForce, # 2 Summons Executed as to Army, # 3 Summons Executed as to Bono, # 4 Summons Executed as to Coast Guard, # 5 Summons Executed as to DHA, # 6 Summons Executed as to Duke, # 7 Summons Executed as to Dunford, # 8 Summons Executed as to Mattis, # 9 Summons Executed as to McCarthy, # 10 Summons Executed as to Navy, # 11 Summons Executed as to Spencer, # 12 Summons Executed as to USA, # 13 Summons Executed as to Wilson, # 14 Proof of Service as to U.S. Attorney General, # 15 Proof of Service as to U.S. Attorney's Office - District of D.C., # 16 Certificate of Service)(Schoenfeld, Alan) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER

Order on Motion for Extension of Time to

Sept. 29, 2017

Sept. 29, 2017

PACER
42

MOTION for Extension of Time to Respond to Plaintiffs' Motion for a Preliminary Injunction by RAQUEL C. BONO, DEFENSE HEALTH AGENCY, ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, RICHARD V. SPENCER, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES OF AMERICA, HEATHER A. WILSON (Attachments: # 1 Exhibit Interim Guidance, # 2 Text of Proposed Order)(Parker, Ryan) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER

Set/Reset Deadlines

Sept. 29, 2017

Sept. 29, 2017

PACER

MINUTE ORDER. The Court is in receipt of Defendants' 42 Opposed Motion for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction. Defendants request an additional two days to file their opposition to Plaintiffs' Application for Preliminary Injunction because they need additional time to prepare declarations and for senior Executive Branch officials to review their forthcoming pleadings. Defendants represent that Plaintiffs oppose this extension, but no opposition has yet been filed. Because the record supporting Plaintiffs' motion is large and the requested extension is brief, the Court will GRANT Defendants' motion over Plaintiffs' objection. Defendants shall file their opposition to Plaintiffs' Application for Preliminary Injunction and Motion to Dismiss by no later than OCTOBER 4, 2017. This is the final extension that will be granted. Additionally, the Court notes that Defendants' motion is untimely. The Order Establishing Procedures in this case states that "[m]otions for extensions of time must be filed at least four (4) business days prior to the first affected deadline." ECF No. 5 at 3. The Court expects all future motions to be filed on time. If Plaintiffs require additional time, they may file their reply and opposition by OCTOBER 16, 2017. Signed by Judge Colleen Kollar-Kotelly on 9/29/2017. (lcckk3)

Sept. 29, 2017

Sept. 29, 2017

PACER

Set/Reset Deadlines: Defendants' Response to 13 due by 10/4/2017. Reply due by 10/16/2017. (dot)

Sept. 29, 2017

Sept. 29, 2017

PACER
43

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 9/5/2017., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 9/11/2017. ( Answer due for ALL FEDERAL DEFENDANTS by 11/10/2017.) (See Docket Entry 41 to view document). (znmw) (Entered: 10/02/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
44

MOTION for Leave to File Brief as Amici Curiae in Support of Plaintiffs on Behalf of Medical, Nursing, Mental Health, and Other Health Care Organizations by AMERICAN ACADEMY OF FAMILY PHYSICIANS, AMERICAN ACADEMY OF NURSING, AMERICAN COLLEGE OF PHYSICIANS, AMERICAN MEDICAL WOMEN'S ASSOCIATION, AMERICAN NURSES ASSOCIATION, ASSOCIATION OF MEDICAL SCHOOL PEDIATRIC DEPARTMENT CHAIRS, ENDOCRINE SOCIETY, GLMA: HEALTH PROFESSIONALS ADVANCING LGBT EQUALITY, NATIONAL ASSOCIATION OF SOCIAL WORKERS, PEDIATRIC ENDOCRINE SOCIETY, WORLD PROFESSIONAL ASSOCIATION FOR TRANSGENDER HEALTH (Attachments: # 1 Brief of Amici Curiae Medical, Nursing, Mental Health, and Other Health Care Organizations in Support of Plaintiffs, # 2 Proposed Order)(Wilkens, Scott) (Entered: 10/04/2017)

1 Brief of Amici Curiae Medical, Nursing, Mental Health, and Other Health Care Or

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2 Proposed Order

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Oct. 4, 2017

Oct. 4, 2017

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45

MOTION to Dismiss < by RAQUEL C. BONO, DEFENSE HEALTH AGENCY, ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, RICHARD V. SPENCER, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES OF AMERICA, HEATHER A. WILSON (Attachments: # 1 Exhibit Interim Guidance, # 2 Declaration of Robert B. Chadwick, # 3 Declaration of Robert O. Burns, # 4 Text of Proposed Order)(Parker, Ryan) . (Entered: 10/04/2017)

1 Exhibit Interim Guidance

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2 Declaration of Robert B. Chadwick

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3 Declaration of Robert O. Burns

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4 Text of Proposed Order

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Oct. 4, 2017

Oct. 4, 2017

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46

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by RAQUEL C. BONO, DEFENSE HEALTH AGENCY, ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, RICHARD V. SPENCER, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES OF AMERICA, HEATHER A. WILSON (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration as to Jane Doe 1, # 2 Declaration as to Jane Doe 2, # 3 Declaration as to Jane Doe 3, # 4 Declaration as to Jane Doe 4, # 5 Declaration as to Jane Doe 5, # 6 Declaration as to John Doe 1)(Parker, Ryan) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
47

Memorandum in opposition to re 13 MOTION for Preliminary Injunction with 65.1(d) Expedited Request, filed by RAQUEL C. BONO, DEFENSE HEALTH AGENCY, ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, RICHARD V. SPENCER, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES OF AMERICA, HEATHER A. WILSON. (See Docket Entry 45 to view document). (znmw) (Entered: 10/05/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER

MINUTE ORDER. The Court has received Defendant's 46 Consent Motion for Leave to File Documents Under Seal. That motion seeks leave to file under seal certain declarations that "contain information identifying the Plaintiffs who are proceeding in this action under pseudonyms." The motion also indicates that Defendants have "requested that Plaintiffs' counsel propose redactions to the declarations that will allow them to be filed on the public record without placing the Plaintiffs' identities at risk of disclosure." Having considered the familiar Hubbard factors for sealing, and given that the Court has previously permitted Plaintiffs to proceed under pseudonyms to protect their anonymity, the 46 Motion shall be GRANTED. See EEOC v. Nat'l Childrens Ctr. Inc., 98 F.3d 1406, 1409 (D.C. Cir. 1996) (listing factors). However, this ruling is CONTINGENT on the parties filing mutually agreeable redacted versions of the declarations at issue on the public docket by OCTOBER 20, 2017. Any content in these documents that would not expose the identities of the Plaintiffs shall be made publicly available. Signed by Judge Colleen Kollar-Kotelly on 10/5/2017. (lcckk1)

Oct. 5, 2017

Oct. 5, 2017

PACER

Order on Sealed Motion for Leave to File Document Under Seal

Oct. 5, 2017

Oct. 5, 2017

PACER
48

SEALED DOCUMENT (Declarations) re 47 Memorandum in Opposition, 45 MOTION to Dismiss and Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by RYAN D. MCCARTHY, UNITED STATES COAST GUARD, RICHARD V. SPENCER, UNITED STATES DEPARTMENT OF THE ARMY, DONALD J. TRUMP, UNITED STATES OF AMERICA, RAQUEL C. BONO, UNITED STATES DEPARTMENT OF THE AIR FORCE, DEFENSE HEALTH AGENCY, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, UNITED STATES DEPARTMENT OF THE NAVY, HEATHER A. WILSON, ELAINE C. DUKE. (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration as to Jane Doe 2, # 2 Declaration as to Jane Doe 3, # 3 Declaration as to Jane Doe 4, # 4 Declaration as to Jane Doe 5, # 5 Declaration as to John Doe 1)(znmw) (Entered: 10/06/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
49

MOTION for Leave to File Amicus Curiae Brief by TREVOR PROJECT (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order)(Hogan, Howard) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
50

AMICUS BRIEF by MASSACHUSETTS (td) Modified on 10/16/2017 as to filer(s) (jf). (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

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51

Unopposed MOTION for Leave to File Declarations in Opposition to the Government's Motion to Dismiss and in Further Support of Plaintiffs' Application for Preliminary Injunction by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE (Attachments: # 1 Declaration of Raymond Edwin Mabus, # 2 Declaration of Deborah Lee Jones, # 3 Declaration of Eric K. Fanning, # 4 Declaration of Mark J. Eitelberg, # 5 Declaration of George R. Brown)(Wolfson, Paul) (Entered: 10/16/2017)

1 Declaration of Raymond Edwin Mabus

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2 Declaration of Deborah Lee Jones

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3 Declaration of Eric K. Fanning

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4 Declaration of Mark J. Eitelberg

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5 Declaration of George R. Brown

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Oct. 16, 2017

Oct. 16, 2017

PACER
52

MOTION for Leave to File Brief of Amici Curiae by NATIONAL CENTER FOR TRANSGENDER EQUALITY, TENNESSEE TRANSGENDER POLITICAL COALITION, TGI NETWORK OF RHODE ISLAND, TRANSGENDER ALLIES GROUP, TRANSGENDER LEGAL DEFENSE & EDUCATION FUND, TRANSOHIO, TRANSGENDER RESOURCE CENTER OF NEW MEXICO, SOUTHERN ARIZONA GENDER ALLIANCE (Attachments: # 1 Proposed Brief of Amici Curiae, # 2 Text of Proposed Order)(Manning, Susan) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
53

NOTICE of Appearance by Susan Baker Manning on behalf of NATIONAL CENTER FOR TRANSGENDER EQUALITY, SOUTHERN ARIZONA GENDER ALLIANCE, TENNESSEE TRANSGENDER POLITICAL COALITION, TGI NETWORK OF RHODE ISLAND, TRANSGENDER ALLIES GROUP, TRANSGENDER LEGAL DEFENSE & EDUCATION FUND, TRANSGENDER RESOURCE CENTER OF NEW MEXICO, TRANSOHIO (Manning, Susan) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
54

NOTICE of Appearance by Stephanie Schuster on behalf of NATIONAL CENTER FOR TRANSGENDER EQUALITY, SOUTHERN ARIZONA GENDER ALLIANCE, TENNESSEE TRANSGENDER POLITICAL COALITION, TGI NETWORK OF RHODE ISLAND, TRANSGENDER ALLIES GROUP, TRANSGENDER LEGAL DEFENSE & EDUCATION FUND, TRANSGENDER RESOURCE CENTER OF NEW MEXICO, TRANSOHIO (Schuster, Stephanie) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
55

Memorandum in opposition to re 45 MOTION to Dismiss and Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE. (Wolfson, Paul) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

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56

NOTICE of Filing Redacted Declarations by RAQUEL C. BONO, DEFENSE HEALTH AGENCY, JAMES N. MATTIS, RYAN D. MCCARTHY, RICHARD V. SPENCER, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES OF AMERICA, HEATHER A. WILSON (Attachments: # 1 Declaration of Brian Judge pertaining to Jane Doe 1, # 2 Declaration pertaining to Jane Doe 2, # 3 Declaration pertaining to Jane Doe 3, # 4 Declaration pertaining to Jane Doe 4, # 5 Declaration of Daniel Sitterly pertaining to Jane Doe 5, # 6 Declaration pertaining to John Doe 1)(Parker, Ryan) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

PACER
57

REPLY to opposition to motion re 45 MOTION to Dismiss filed by RAQUEL C. BONO, DEFENSE HEALTH AGENCY, ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, RICHARD V. SPENCER, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES OF AMERICA, HEATHER A. WILSON. (Parker, Ryan) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

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58

ERRATA Correcting Defendants' Reply In Support of Their Motion to Dismiss by RAQUEL C. BONO, DEFENSE HEALTH AGENCY, ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, RICHARD V. SPENCER, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES OF AMERICA, HEATHER A. WILSON 57 Reply to opposition to Motion, filed by RYAN D. MCCARTHY, UNITED STATES COAST GUARD, RICHARD V. SPENCER, UNITED STATES DEPARTMENT OF THE ARMY, DONALD J. TRUMP, UNITED STATES OF AMERICA, RAQUEL C. BONO, UNITED STATES DEPARTMENT OF THE AIR FORCE, DEFENSE HEALTH AGENCY, JOSEPH F. DUNFORD, JR., UNITED STATES DEPARTMENT OF THE NAVY, JAMES N. MATTIS, HEATHER A. WILSON, ELAINE C. DUKE. (Attachments: # 1 Defendants' Corrected Reply in Support of Their Motion to Dismiss)(Parker, Ryan) (Entered: 10/23/2017)

1 Defendants' Corrected Reply in Support of Their Motion to Dismiss

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Oct. 23, 2017

Oct. 23, 2017

PACER
59

NOTICE of Appearance by Christopher F. Stoll on behalf of All Plaintiffs (Stoll, Christopher) (Entered: 10/23/2017)

Oct. 23, 2017

Oct. 23, 2017

PACER
60

ORDER GRANTING-IN-PART and DENYING-IN-PART Defendants' 45 Motion to Dismiss and Plaintiffs' 13 Motion for Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 10/30/2017. (lcckk3) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

RECAP
61

MEMORANDUM OPINION Regarding 60 ORDER GRANTING-IN-PART and DENYING-IN-PART Defendants' 45 Motion to Dismiss and Plaintiffs' 13 Motion for Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 10/30/2017. (lcckk3) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

RECAP
62

Joint STATUS REPORT in Response to October 30, 2017 Order by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE. (Wolfson, Paul) (Entered: 11/10/2017)

Nov. 10, 2017

Nov. 10, 2017

PACER
63

ORDER Regarding the parties' 62 Joint Status Report. Signed by Judge Colleen Kollar-Kotelly on 11/14/2017. (lcckk3) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
64

ORDER FOR INITIAL SCHEDULING CONFERENCE. Signed by Judge Colleen Kollar-Kotelly on 11/14/2017. (lcckk3) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER

MINUTE ORDER. The parties shall file their Joint Statement addressing all topics listed in Local Rule 16.3(c) by no later than NOVEMBER 21, 2017. Signed by Judge Colleen Kollar-Kotelly on 11/17/2017. (lcckk3)

Nov. 17, 2017

Nov. 17, 2017

PACER

Order

Nov. 17, 2017

Nov. 17, 2017

PACER
65

MEET AND CONFER STATEMENT. (Wolfson, Paul) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
66

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 60 Order on Motion for Leave to File, Order on Motion to Dismiss,,,, Order on Motion for Preliminary Injunction by JAMES N. MATTIS, RAQUEL C. BONO, ELAINE C. DUKE, DEFENSE HEALTH AGENCY, RYAN D. MCCARTHY, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES COAST GUARD, DONALD J. TRUMP, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, HEATHER A. WILSON, UNITED STATES OF AMERICA, JOSEPH F. DUNFORD, JR., RICHARD V. SPENCER. Fee Status: No Fee Paid. Parties have been notified. (Carmichael, Andrew) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

RECAP
67

MOTION to ClarifyCourt's Order of October 30, 2017 by RAQUEL C. BONO, DEFENSE HEALTH AGENCY, ELAINE C. DUKE, JOSEPH F. DUNFORD, JR., JAMES N. MATTIS, RYAN D. MCCARTHY, RICHARD V. SPENCER, DONALD J. TRUMP, UNITED STATES COAST GUARD, UNITED STATES DEPARTMENT OF THE AIR FORCE, UNITED STATES DEPARTMENT OF THE ARMY, UNITED STATES DEPARTMENT OF THE NAVY, UNITED STATES OF AMERICA, HEATHER A. WILSON (Carmichael, Andrew) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
68

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 66 Notice of Appeal to DC Circuit Court,,. (td) (Entered: 11/22/2017)

Nov. 22, 2017

Nov. 22, 2017

PACER
69

Memorandum in opposition to re 67 MOTION to ClarifyCourt's Order of October 30, 2017 filed by JOHN DOE, 1, JANE DOE 1, JANE DOE 2, JANE DOE 3, JANE DOE 4, JANE DOE 5, REGAN V. KIBBY, DYLAN KOHERE. (Wolfson, Paul) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

RECAP
70

ORDER Regarding Defendants' 67 Motion for Clarification of the Court's October 30, 2017 Order. Signed by Judge Colleen Kollar-Kotelly on 11/27/2017. (lcckk3) (Entered: 11/27/2017)

Nov. 27, 2017

Nov. 27, 2017

RECAP
71

SCHEDULING AND PROCEDURES ORDER. Signed by Judge Colleen Kollar-Kotelly on 11/28/2017. (lcckk3) (Entered: 11/28/2017)

Nov. 28, 2017

Nov. 28, 2017

PACER

Scheduling Conference

Nov. 28, 2017

Nov. 28, 2017

PACER

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Initial Scheduling Conference held on 11/28/2017. Amended Pleadings due by 12/15/2017. Discovery due by 3/30/2018. Joint Discovery Plan due by 12/15/2017. Initial Disclosure due by 12/15/2017. Proponent's Rule 26(a)(2)(B)&(C) Disclosures due by 2/5/2018; Opponent's Rule 26(a)(2)(B)&(C) Disclosures due by 3/5/2018; and Replies, if any due by 3/12/2018. Status Conference set for 4/6/2018 at 10:00 AM in Courtroom 28A before Judge Colleen Kollar-Kotelly. (Court Reporter Richard Ehrlich.) (dot)

Nov. 28, 2017

Nov. 28, 2017

PACER
72

TRANSCRIPT OF SCHEDULING CONFERENCE before Judge Colleen Kollar-Kotelly held on November 28, 2017; Page Numbers: 1 - 31. Date of Issuance:November 30, 2017. Court Reporter/Transcriber Richard D. Ehrlich, Telephone number (202) 354-3269, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/21/2017. Redacted Transcript Deadline set for 12/31/2017. Release of Transcript Restriction set for 2/28/2018.(Ehrlich, Richard) (Entered: 11/30/2017)

Nov. 30, 2017

Nov. 30, 2017

PACER

USCA Case Number 17-5267 for 66 Notice of Appeal to DC Circuit Court,, filed by RYAN D. MCCARTHY, UNITED STATES COAST GUARD, RICHARD V. SPENCER, UNITED STATES DEPARTMENT OF THE ARMY, DONALD J. TRUMP, UNITED STATES OF AMERICA, RAQUEL C. BONO, UNITED STATES DEPARTMENT OF THE AIR FORCE, DEFENSE HEALTH AGENCY, JOSEPH F. DUNFORD, JR., UNITED STATES DEPARTMENT OF THE NAVY, JAMES N. MATTIS, HEATHER A. WILSON, ELAINE C. DUKE. (zrdj)

Dec. 1, 2017

Dec. 1, 2017

PACER

USCA Case Number

Dec. 1, 2017

Dec. 1, 2017

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Equal Employment

Key Dates

Filing Date: Aug. 9, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Eight active duty servicemembers in the United States Armed Forces who identify as transgender people.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

National Center for Lesbian Rights (NCLR)

GLAD (GLBTQ Legal Advocates & Defenders)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

The President of the United States, Federal

Secretary of Defense, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2017 - None

Content of Injunction:

Follow recruitment, hiring, or promotion protocols

Hire

Other requirements regarding hiring, promotion, retention

Preliminary relief granted

Issues

General:

Gay/lesbian/transgender

Discrimination-area:

Discharge / Constructive Discharge / Layoff

Hiring

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

Discrimination-basis:

Gender identity

Sex discrimination

Sexual orientatation