Case: Manker v. Spencer

3:18-cv-00372 | U.S. District Court for the District of Connecticut

Filed Date: March 2, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

Thousands of United States Sailors and Marines are deployed to combat zones across the globe, and return home suffering from the invisible wounds of war, including Post-Traumatic Stress Disorder (PTSD) or traumatic brain injury (TBI). Sometimes these mental health issues indirectly lead to less-than-Honorable discharges, resulting in permanent stigma and preventing veterans from accessing essential benefits like the GI bill and much-needed mental health care. The Naval Discharge Review Board ad…

Thousands of United States Sailors and Marines are deployed to combat zones across the globe, and return home suffering from the invisible wounds of war, including Post-Traumatic Stress Disorder (PTSD) or traumatic brain injury (TBI). Sometimes these mental health issues indirectly lead to less-than-Honorable discharges, resulting in permanent stigma and preventing veterans from accessing essential benefits like the GI bill and much-needed mental health care. The Naval Discharge Review Board adjudicates discharge upgrade applications from veterans seeking an appeal of their less-than-Honorable discharge. In 2014, then-Secretary of Defense Chuck Hagel directed these boards to consider PTSD and related conditions as “potential mitigating factors in the misconduct that caused the under-other-than-honorable-conditions characterization of service.” This Hagel Memo was codified by Congress in 2016, statutorily requiring Discharge Review Boards to grant “liberal consideration” to the discharge upgrade applications of veterans with symptoms related to PTSD or TBI. 10 U.S.C. §1553(d)(3)(A)(ii).

On March 2, 2018, Tyson Manker and the National Veterans Council for Legal Redress (NVCLR), represented by the Veterans Legal Services Clinic at Yale Law School and private counsel, filed a class-action complaint in the U.S. District Court for the District of Connecticut on behalf of a class of Navy and Marine Corps veterans. The complaint was filed against the Secretary of the Navy. According to the plaintiffs, the Naval Discharge Review Board rejected almost 90% of discharge upgrade applications based on credible claims of service-connected PTSD, without clearly explaining what a veteran must show to prevail, and without applying the proper legal standards. The plaintiffs alleged that the Board violated the Administrative Procedure Act by issuing arbitrary and capricious decisions that were inconsistent with relevant statutory law, and deprived applicants of their Fifth Amendment rights to due process of law. They argued that the Board’s actions, in violation of binding Department of Defense guidance, evidenced an unconstitutional secret policy against granting discharge upgrades: the Board had set an unachievable and sometimes unknown evidentiary burden for applicants alleging PTSD as a basis for a discharge upgrade.

The plaintiffs requested that the Court set aside and hold unlawful the Board’s improper denials of veterans’ discharge upgrade applications, order the applications' approval, and issue injunctive relief to ensure that all Navy and Marine Corps veterans had their discharge upgrade applications considered according to the Constitution and as intended by Congress. The case was assigned to Judge Charles S. Haight, Jr.

On November 15 2018, the court granted a motion to certify a class of veterans who served during the Iraq and Afghanistan Era (between October 7, 2001 and the present) and who:

  1. were discharged from the Navy, Navy Reserve, Marine Corps, or Marine Corps Reserve with less-than-Honorable statuses, including General and Other-than-Honorable discharges but excluding Bad Conduct or Dishonorable discharges;
  2. have not received upgrades of their discharge statuses to Honorable from the NDRB; and
  3. have diagnoses of PTSD, TBI, or other related mental health conditions, or records documenting one or more symptoms of PTSD, TBI, or other related mental health conditions at the time of discharge, attributable to their military service under the Hagel Memo standards of liberal or special consideration.
On December 27, 2018, the Court ordered a scheduling conference to resolve the issue of whether the federal and local rules of civil procedure exempted this case from the usual discovery procedures, the scope of discovery, and discovery deadlines.

On July 26, 2019, the Navy sought to dismiss the case, claiming that the court lacked jurisdiction and that the plaintiffs failed to state a claim for which relief could be granted. The court denied the motion on November 7, 2019, holding that in order for the motion to dismiss to prevail, the defendant “must demonstrate that as a matter of law this Court lacks subject matter jurisdiction over each and every claim plausibly pleaded in the Complaint on behalf of Manker, Doe, or any member of the certified Plaintiff class." The court found that the Navy failed to so demonstrate, also stating that whether “the [Board] regarded itself as required to act in accordance with the Hagel Memo’s guidance is at the very least a factual issue that can be explored in discovery.” 2019 WL 5846828.

Following this order, the parties engaged in settlement talks. On September 16, 2021, the parties filed a settlement agreement with the court. Under the terms of the settlement, the U.S. Navy agreed to reconsider decisions that resulted in less-than-honorable discharges for Iraq and Afghanistan era veterans.

On October 12, 2021, the court preliminarily approved the parties' settlement agreement. The agreement stipulated that the NDRB would automatically reconsider decisions for Group A Applicants: veterans who were special cases (who had less than honorable discharge statuses), had decisions issued on or after March 2, 2012 until the effective date of the settlement, and whose "grant state" showed they did not receive full upgrade to Honorable. The NDRB also agreed to provide information to plaintiffs to notify Group B Applicants (same criteria as Group A, but whose decisions were issued between October 7, 2001 and March 1, 2012) that they may apply for reconsideration. Applicants whose decisions were issued more than 15 years prior were required to apply to Board Correction of Naval Records because of the 15-year statute of limitations for NDRB decision amendments. The settlement also imposed additional obligations on the defendant, including the publication of this information on their website, changes to NDRB procedures, and trainings for NDRB members specifically tailored to special cases. Attorney's fees were also awarded to class counsel.

As of November 16, 2021, the settlement remains subject to final approval after a Fairness Hearing scheduled for December 16, 2021.

Summary Authors

Esther Vinarov (2/4/2019)

Bogyung Lim (6/16/2020)

Jordan Schuler (11/6/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6330328/parties/manker-v-spencer/


Judge(s)

Haight, Charles Sherman Jr. (New York)

Attorneys(s) for Plaintiff

Bullock, Thomas J (New York)

Burbank, Renee (Connecticut)

Creelan, Jeremy (New York)

Ershow, Jeremy H. (New York)

Kohlmann, Susan J. (New York)

Martinez, Jessica A. (New York)

Taykhman, Nicole (New York)

Wenzloff, Aaron Paul (Illinois)

Wishnie, Michael J. (New York)

Judge(s)

Haight, Charles Sherman Jr. (New York)

Attorneys(s) for Plaintiff

Bullock, Thomas J (New York)

Burbank, Renee (Connecticut)

Creelan, Jeremy (New York)

Ershow, Jeremy H. (New York)

Kohlmann, Susan J. (New York)

Martinez, Jessica A. (New York)

Taykhman, Nicole (New York)

Wenzloff, Aaron Paul (Illinois)

Wishnie, Michael J. (New York)

Attorneys(s) for Defendant

Elicker, Natalie Nicole (Connecticut)

Hogue, Robert D (District of Columbia)

Nelson, David Christopher (Connecticut)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 13, 2021 Docket
33

Ruling on Plaintiffs' Motion for Class Certification

329 F.R.D. 110, 2018 WL 5995486

Nov. 15, 2018 Order/Opinion
79

Rulings on Defendant's Motion to Dismiss or Remand and on Cross-Motions for Discovery

2019 WL 5846828

Nov. 7, 2019 Order/Opinion
211-2

Stipulation and Agreement of Settlement

Manker v. Del Toro

Sept. 16, 2021 Settlement Agreement

Resources

Title Description External URL

Manker v. Del Toro

JND Legal Administration

A lawsuit was filed alleging that since the start of military operations in Iraq and Afghanistan, the Navy and Marine Corps discharged thousands of Sailors and Marines with Other Than Honorable ("OTH… Oct. 7, 2001 https://www.mankersettlement.com/

Manker v. Spencer

Yale Law School

On March 2, 2018, Tyson Manker and the National Veterans Council for Legal Redress (NVCLR) filed a nationwide class-action lawsuit on behalf of thousands of less-than-Honorably discharged Navy and Ma… March 2, 2018 https://law.yale.edu/studying-law-yale/clinical-and-experiential-learning/our-clinics/veterans-legal-services-clinic/manker-v-spencer

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6330328/manker-v-spencer/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT against Richard V Spencer ( Filing fee $400 receipt number ACTDC−4739751.), filed by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Wishnie, Michael) (Entered: 03/02/2018)

March 2, 2018
1

COMPLAINT against Richard V Spencer ( Filing fee $400 receipt number ACTDC-4739751.), filed by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Wishnie, Michael) (Entered: 03/02/2018)

March 2, 2018 RECAP

Request for Clerk to issue summons as to Richard V Spencer. (Wishnie, Michael) (Entered: 03/02/2018)

March 2, 2018

Request to Issue Summons

March 2, 2018 PACER

Judge Charles S. Haight, Jr added. (Anastasio, F.) (Entered: 03/02/2018)

March 2, 2018

Add and Terminate Judges

March 2, 2018 PACER

Request for Clerk to issue summons as to Richard V Spencer. (Wishnie, Michael)

March 2, 2018 PACER
2

Order on Pretrial Deadlines: Discovery due by 9/1/2018 Signed by Clerk on 03/02/2018. (Peterson, M) (Entered: 03/05/2018)

March 2, 2018

Judge Charles S. Haight, Jr added. (Anastasio, F.)

March 2, 2018 PACER
3

ELECTRONIC FILING ORDER − PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 03/02/2018. (Peterson, M) (Entered: 03/05/2018)

March 2, 2018
4

NOTICE TO COUNSEL/SELF−REPRESENTED PARTIES : Counsel or self−representing parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 1 Complaint, filed by Tyson Manker, National Veterans Council for Legal Redress, 2 Order on Pretrial Deadlines, 3 Electronic Filing Order Signed by Clerk on 03/05/2018. (Peterson, M) (Entered: 03/05/2018)

March 5, 2018
2

Order on Pretrial Deadlines: Discovery due by 9/1/2018 Signed by Clerk on 03/02/2018. (Peterson, M) (Entered: 03/05/2018)

March 2, 2018 PACER
3

ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Charles S. Haight, Jr on 03/02/2018. (Peterson, M) (Entered: 03/05/2018)

March 2, 2018 PACER
5

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Richard V Spencer* with answer to complaint due within *21* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services − Wall St / Yale Law School* *127 Wall Street* *New Haven, CT 06511*. (Peterson, M) (Entered: 03/05/2018)

March 5, 2018
6

NOTICE of Appearance by David Christopher Nelson on behalf of Richard V Spencer (Nelson, David) (Entered: 04/30/2018)

April 30, 2018
4

NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-representing parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 1 Complaint, filed by Tyson Manker, National Veterans Council for Legal Redress, 2 Order on Pretrial Deadlines, 3 Electronic Filing Order Signed by Clerk on 03/05/2018. (Peterson, M) (Entered: 03/05/2018)

March 5, 2018 PACER
5

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Richard V Spencer* with answer to complaint due within *21* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St / Yale Law School* *127 Wall Street* *New Haven, CT 06511*. (Peterson, M) (Entered: 03/05/2018)

March 5, 2018 PACER
8

ELECTRONIC ORDER granting, for good cause shown and pursuant to Local Rule 7(b), Defendant's unopposed 7 First Motion for Extension of Time to File a Responsive Pleading . Accordingly, Defendant must file a pleading responsive to the 1 Complaint not later than Thursday, June 21, 2018 . Signed by Judge Charles S. Haight, Jr. on May 1, 2018. (Pskowski, R.) (Entered: 05/01/2018)

May 1, 2018
9

NOTICE of Appearance by Aaron Paul Wenzloff on behalf of Tyson Manker, National Veterans Council for Legal Redress (Wenzloff, Aaron) (Entered: 05/01/2018)

May 1, 2018
6

NOTICE of Appearance by David Christopher Nelson on behalf of Richard V Spencer (Nelson, David) (Entered: 04/30/2018)

April 30, 2018 RECAP
10

Joint MOTION for Proposed Scheduling Order by Tyson Manker, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 05/01/2018)

May 1, 2018
7

MOTION for Extension of Time until June 21, 2018 to file a responsive pleading 1 Complaint, by Richard V Spencer. (Nelson, David) (Entered: 04/30/2018)

April 30, 2018 RECAP
11

ELECTRONIC SCHEDULING ORDER granting and adopting the Parties' 10 Joint Motion for Scheduling Order . Accordingly, Plaintiffs motion for class certification is due no later than May 15, 2018. Defendants opposition to that motion is due on or before June 26, 2018 . Plaintiffs may file a brief in reply on or before July 17, 2018 . Defendants responsive pleading will not be due until after class certification has been decided, and the present deadline for that filing is hereby STAYED. Signed by Judge Charles S. Haight, Jr. on May 1, 2018. (Pskowski, R.) (Entered: 05/01/2018)

May 1, 2018
8

ELECTRONIC ORDER granting, for good cause shown and pursuant to Local Rule 7(b), Defendant's unopposed 7 First Motion for Extension of Time to File a Responsive Pleading. Accordingly, Defendant must file a pleading responsive to the 1 Complaint not later than Thursday, June 21, 2018. Signed by Judge Charles S. Haight, Jr. on May 1, 2018. (Pskowski, R.) (Entered: 05/01/2018)

May 1, 2018 PACER

Answer deadline updated for Richard V Spencer to 6/21/2018. (Freberg, B) (Entered: 05/08/2018)

May 1, 2018

Update Answer Deadline

May 1, 2018 PACER
9

NOTICE of Appearance by Aaron Paul Wenzloff on behalf of Tyson Manker, National Veterans Council for Legal Redress (Wenzloff, Aaron) (Entered: 05/01/2018)

May 1, 2018 PACER
12

MOTION to Certify Class by Tyson Manker, National Veterans Council for Legal Redress.Responses due by 6/5/2018 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael J. Wishnie, # 3 Declaration of Susan J. Kohlmann)(Wishnie, Michael) (Entered: 05/15/2018)

May 15, 2018
13

Joint STIPULATION and Proposed Order Regarding Discovery Plan by Tyson Manker, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 06/05/2018)

June 5, 2018
10

Joint MOTION for Proposed Scheduling Order by Tyson Manker, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 05/01/2018)

May 1, 2018 RECAP
11

ELECTRONIC SCHEDULING ORDER granting and adopting the Parties' 10 Joint Motion for Scheduling Order. Accordingly, Plaintiffs motion for class certification is due no later than May 15, 2018. Defendants opposition to that motion is due on or before June 26, 2018. Plaintiffs may file a brief in reply on or before July 17, 2018. Defendants responsive pleading will not be due until after class certification has been decided, and the present deadline for that filing is hereby STAYED. Signed by Judge Charles S. Haight, Jr. on May 1, 2018. (Pskowski, R.) (Entered: 05/01/2018)

May 1, 2018 PACER
14

ELECTRONIC SCHEDULING ORDER adopting the proposals of the Parties' 13 Joint Stipulation and Proposed Order Regarding Discovery Plan , filed pursuant to Fed. R. Civ. P. 26(f). Accordingly, Defendant will file a responsive pleading within 30 days of the Court's decision on Plaintiffs' pending 12 Motion for Class Certification . Within 45 days of the Court's decision on class certification, the Parties will exchange initial disclosures, as contemplated by Fed. R. Civ. P. 26(a)(1), and file with the Court a proposed schedule for remaining deadlines, in compliance with the provisions of Local Rule 26(f). If either Party appeals the class certification decision, the Parties shall confer and submit a new proposed interim schedule within 30 days of the class certification decision. While setting of a full schedule is deferred, pending a decision on class certification, the Parties represent that they do not anticipate fact discovery to take more than 9 months. Signed by Judge Charles S. Haight, Jr. on June 5, 2018. (Pskowski, R.) (Entered: 06/05/2018)

June 5, 2018

Answer deadline updated for Richard V Spencer to 6/21/2018. (Freberg, B)

May 1, 2018 PACER
15

MOTION for Attorney(s) Jeremy M. Creelan to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC−4878030) by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 06/22/2018)

June 22, 2018
16

MOTION for Attorney(s) Susan J. Kohlmann to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC−4878045) by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 06/22/2018)

June 22, 2018
12

MOTION to Certify Class by Tyson Manker, National Veterans Council for Legal Redress.Responses due by 6/5/2018 (Attachments: # 1 Memorandum in Support, # 2 Declaration of Michael J. Wishnie, # 3 Declaration of Susan J. Kohlmann)(Wishnie, Michael) (Entered: 05/15/2018)

May 15, 2018 PACER
13

Joint STIPULATION and Proposed Order Regarding Discovery Plan by Tyson Manker, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 06/05/2018)

June 5, 2018 RECAP
17

MOTION for Attorney(s) Jessica A. Martinez to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC−4878047) by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 06/22/2018)

June 22, 2018
18

MOTION for Attorney(s) Jeremy H. Ershow to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC−4878054) by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 06/22/2018)

June 22, 2018
14

ELECTRONIC SCHEDULING ORDER adopting the proposals of the Parties' 13 Joint Stipulation and Proposed Order Regarding Discovery Plan, filed pursuant to Fed. R. Civ. P. 26(f). Accordingly, Defendant will file a responsive pleading within 30 days of the Court's decision on Plaintiffs' pending 12 Motion for Class Certification. Within 45 days of the Court's decision on class certification, the Parties will exchange initial disclosures, as contemplated by Fed. R. Civ. P. 26(a)(1), and file with the Court a proposed schedule for remaining deadlines, in compliance with the provisions of Local Rule 26(f). If either Party appeals the class certification decision, the Parties shall confer and submit a new proposed interim schedule within 30 days of the class certification decision. While setting of a full schedule is deferred, pending a decision on class certification, the Parties represent that they do not anticipate fact discovery to take more than 9 months. Signed by Judge Charles S. Haight, Jr. on June 5, 2018. (Pskowski, R.) (Entered: 06/05/2018)

June 5, 2018 PACER
15

MOTION for Attorney(s) Jeremy M. Creelan to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4878030) by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 06/22/2018)

June 22, 2018 PACER
20

ORDER granting 15 Motion to Appear Pro Hac Vice. Signed by Clerk on 06/27/2018. (Peterson, M) (Entered: 06/27/2018)

June 27, 2018
16

MOTION for Attorney(s) Susan J. Kohlmann to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4878045) by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 06/22/2018)

June 22, 2018 PACER
21

ORDER granting 16 Motion to Appear Pro Hac Vice; granting 17 Motion to Appear Pro Hac Vice; granting 18 Motion to Appear Pro Hac Vice. Signed by Clerk on 06/27/2018. (Peterson, M) (Entered: 06/27/2018)

June 27, 2018
22

NOTICE of Appearance by Jeremy H. Ershow on behalf of Tyson Manker, National Veterans Council for Legal Redress (Ershow, Jeremy) (Entered: 06/28/2018)

June 28, 2018
17

MOTION for Attorney(s) Jessica A. Martinez to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4878047) by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 06/22/2018)

June 22, 2018 PACER
23

NOTICE of Appearance by Susan J. Kohlmann on behalf of Tyson Manker, National Veterans Council for Legal Redress (Kohlmann, Susan) (Entered: 06/29/2018)

June 29, 2018
18

MOTION for Attorney(s) Jeremy H. Ershow to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4878054) by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 06/22/2018)

June 22, 2018 PACER
24

NOTICE of Appearance by Jeremy M. Creelan on behalf of Tyson Manker, National Veterans Council for Legal Redress (Creelan, Jeremy) (Entered: 07/16/2018)

July 16, 2018
19

RESPONSE re 12 MOTION to Certify Class filed by Richard V Spencer. (Attachments: # 1 Exhibits 1 - 4)(Nelson, David) (Entered: 06/25/2018)

June 25, 2018 PACER
25

REPLY to Response to 12 MOTION to Certify Class filed by Tyson Manker, National Veterans Council for Legal Redress. (Kohlmann, Susan) (Entered: 07/16/2018)

July 16, 2018
20

ORDER granting 15 Motion to Appear Pro Hac Vice. Signed by Clerk on 06/27/2018. (Peterson, M) (Entered: 06/27/2018)

June 27, 2018 PACER
26

MOTION for Aaron Wenzloff to Withdraw as Attorney by Tyson Manker, National Veterans Council for Legal Redress. (Wenzloff, Aaron) (Entered: 07/17/2018)

July 17, 2018
21

ORDER granting 16 Motion to Appear Pro Hac Vice; granting 17 Motion to Appear Pro Hac Vice; granting 18 Motion to Appear Pro Hac Vice. Signed by Clerk on 06/27/2018. (Peterson, M) (Entered: 06/27/2018)

June 27, 2018 PACER
27

ORDER granting Attorney Aaron P. Wentzloff's 26 Motion to Withdraw . Attorney Wentzloff is terminated from the case, and Plaintiffs will continue to be represented in this Court by the remaining attorneys of record. Signed by Judge Charles S. Haight, Jr. on July 17, 2018. (Pskowski, R.) (Entered: 07/17/2018)

July 17, 2018
22

NOTICE of Appearance by Jeremy H. Ershow on behalf of Tyson Manker, National Veterans Council for Legal Redress (Ershow, Jeremy) (Entered: 06/28/2018)

June 28, 2018 PACER
28

MOTION for Leave to Appear Law Student Intern Attorney Samantha Peltz. by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit)(Wishnie, Michael) (Entered: 09/17/2018)

Sept. 17, 2018
23

NOTICE of Appearance by Susan J. Kohlmann on behalf of Tyson Manker, National Veterans Council for Legal Redress (Kohlmann, Susan) (Entered: 06/29/2018)

June 29, 2018 PACER
29

MOTION for Leave to Appear Law Student Intern Attorney Jonathan Petkun. by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit)(Wishnie, Michael) (Entered: 09/17/2018)

Sept. 17, 2018
24

NOTICE of Appearance by Jeremy M. Creelan on behalf of Tyson Manker, National Veterans Council for Legal Redress (Creelan, Jeremy) (Entered: 07/16/2018)

July 16, 2018 PACER
30

MOTION for Leave to Appear Law Student Intern Attorney Westley Resendes. by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit)(Wishnie, Michael) (Entered: 09/17/2018)

Sept. 17, 2018
25

REPLY to Response to 12 MOTION to Certify Class filed by Tyson Manker, National Veterans Council for Legal Redress. (Kohlmann, Susan) (Entered: 07/16/2018)

July 16, 2018 PACER
31

ELECTRONIC ORDER, granting Plaintiffs' 28 29 30 Motions for Leave for Law Student Intern to Appear . "Any eligible law student intern may, with the Court's approval, under supervision by a member of the bar, appear on behalf of any person who has consented in writing to the intern's appearance." D. Conn. L. Civ. R. 83.9(a). The interns have the consent of clients and a supervising attorney, and they also certify they are enrolled in good standing in law school, have completed at least two semesters of credit in legal studies, and are neither employed nor receiving compensation from clients in this case. Docs. 28 −1, 29 −1, 30 −1; see also D. Conn. L. Civ. R. 83.9(c). Accordingly, law student interns Samathan G, Peltz, Jonathan B. Petkun, and Wesley A. Resendes may appear in this matter on behalf of Plaintiffs, subject to the provisions of Rule 83.9 of the District of Connecticut Local Rules of Civil Procedure and under the supervision of attorney Michael J. Wishnie. Signed by Judge Charles S. Haight, Jr. on 09/18/2018. (Chen, C.) (Entered: 09/18/2018)

Sept. 18, 2018
26

MOTION for Aaron Wenzloff to Withdraw as Attorney by Tyson Manker, National Veterans Council for Legal Redress. (Wenzloff, Aaron) (Entered: 07/17/2018)

July 17, 2018 PACER
27

ORDER granting Attorney Aaron P. Wentzloff's 26 Motion to Withdraw. Attorney Wentzloff is terminated from the case, and Plaintiffs will continue to be represented in this Court by the remaining attorneys of record. Signed by Judge Charles S. Haight, Jr. on July 17, 2018. (Pskowski, R.) (Entered: 07/17/2018)

July 17, 2018 PACER
32

NOTICE of Appearance by Jessica A. Martinez on behalf of Tyson Manker, National Veterans Council for Legal Redress (Martinez, Jessica) (Entered: 09/18/2018)

Sept. 18, 2018
28

MOTION for Leave to Appear Law Student Intern Attorney Samantha Peltz. by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit)(Wishnie, Michael) (Entered: 09/17/2018)

Sept. 17, 2018 PACER
33

RULING (see attached) granting 12 Plaintiffs' Motion for Class Certification . Accordingly, the Court certifies the following class of veterans who served during the Iraq and Afghanistan Era − defined as the period between October 7, 2001, and the present − who: (a) were discharged from the Navy, Navy Reserve, Marine Corps, or Marine Corps Reserve with less−than−Honorable statuses, including General and Other−than−Honorable discharges but excluding Bad Conduct or Dishonorable discharges; (b) have not received upgrades of their discharge statuses to Honorable from the NDRB; and (c) have diagnoses of PTSD, TBI, or other related mental health conditions, or records documenting one or more symptoms of PTSD, TBI, or other related mental health conditions at the time of discharge, attributable to their military service under the Hagel Memo standards of liberal or special consideration. The Court also reminds parties of its 14 previous order, directing Defendant to file a responsive pleading within thirty (30) days of this decision and parties to exchange initial disclosures and file a proposed schedule for remaining deadlines within forty−five (45) days of this decision. A proposed interim schedule is due within thirty (30) days if either party appeals this decision. Signed by Judge Charles S. Haight, Jr. on 11/15/2018. (Chen, C.) (Entered: 11/15/2018)

Nov. 15, 2018
29

MOTION for Leave to Appear Law Student Intern Attorney Jonathan Petkun. by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit)(Wishnie, Michael) (Entered: 09/17/2018)

Sept. 17, 2018 PACER
34

MOTION for Extension of Time until January 15, 2019 to file a responsive pleading 33 Order on Motion to Certify Class,,,,, by Richard V Spencer. (Nelson, David) (Entered: 12/04/2018)

Dec. 4, 2018
30

MOTION for Leave to Appear Law Student Intern Attorney Westley Resendes. by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Exhibit)(Wishnie, Michael) (Entered: 09/17/2018)

Sept. 17, 2018 PACER
35

ELECTRONIC ORDER granting 34 Defendant's Motion for Extension of Time to File a Responsive Pleading Following Class Certification , absent objection and for good cause shown. Accordingly, Defendant's responsive pleading following the Court's 33 Ruling on Plaintiff's Motion for Class Certification is due on or before January 15, 2019 . Signed by Judge Charles S. Haight, Jr. on 12/05/2018. (Chen, C.) (Entered: 12/05/2018)

Dec. 5, 2018
31

ELECTRONIC ORDER, granting Plaintiffs' 28 29 30 Motions for Leave for Law Student Intern to Appear. "Any eligible law student intern may, with the Court's approval, under supervision by a member of the bar, appear on behalf of any person who has consented in writing to the intern's appearance." D. Conn. L. Civ. R. 83.9(a). The interns have the consent of clients and a supervising attorney, and they also certify they are enrolled in good standing in law school, have completed at least two semesters of credit in legal studies, and are neither employed nor receiving compensation from clients in this case. Docs. 28 -1, 29 -1, 30 -1; see also D. Conn. L. Civ. R. 83.9(c). Accordingly, law student interns Samathan G, Peltz, Jonathan B. Petkun, and Wesley A. Resendes may appear in this matter on behalf of Plaintiffs, subject to the provisions of Rule 83.9 of the District of Connecticut Local Rules of Civil Procedure and under the supervision of attorney Michael J. Wishnie. Signed by Judge Charles S. Haight, Jr. on 09/18/2018. (Chen, C.) (Entered: 09/18/2018)

Sept. 18, 2018 PACER
36

Joint REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit Plaintiffs' proposed production specifications)(Wishnie, Michael) (Entered: 12/21/2018)

Dec. 21, 2018
32

NOTICE of Appearance by Jessica A. Martinez on behalf of Tyson Manker, National Veterans Council for Legal Redress (Martinez, Jessica) (Entered: 09/18/2018)

Sept. 18, 2018 PACER
37

ELECTRONIC ORDER. Having reviewed 36 Report of the Parties' Planning Meeting , a scheduling conference is warranted as parties disagree as to whether the federal and local rules of civil procedure exempt this case from the usual discovery procedures, the scope of discovery, and discovery deadlines. Because the Report outlines the parties' positions, parties are not required to exchange and submit briefs addressing these issues. The Court will hold a scheduling conference on January 22, 2019 , at 10:30am . A separate calendar notice will issue. All case deadlines, including the filing of Defendant's intended Motion to Dismiss and/or for Remand, are STAYED. In addition, the Court finds there is good cause to delay issue of the scheduling order until discovery issues are resolved. See Fed. R. Civ. P. 16(b)(2) ([U]nless the judge finds good cause for delay, the judge must issue [the scheduling order] within the earlier of 90 days....). Signed by Judge Charles S. Haight, Jr. on 12/27/2018. (Chen, C.) (Entered: 12/27/2018)

Dec. 27, 2018
33

RULING (see attached) granting 12 Plaintiffs' Motion for Class Certification. Accordingly, the Court certifies the following class of veterans who served during the Iraq and Afghanistan Era - defined as the period between October 7, 2001, and the present - who: (a) were discharged from the Navy, Navy Reserve, Marine Corps, or Marine Corps Reserve with less-than-Honorable statuses, including General and Other-than-Honorable discharges but excluding Bad Conduct or Dishonorable discharges; (b) have not received upgrades of their discharge statuses to Honorable from the NDRB; and (c) have diagnoses of PTSD, TBI, or other related mental health conditions, or records documenting one or more symptoms of PTSD, TBI, or other related mental health conditions at the time of discharge, attributable to their military service under the Hagel Memo standards of liberal or special consideration. The Court also reminds parties of its 14 previous order, directing Defendant to file a responsive pleading within thirty (30) days of this decision and parties to exchange initial disclosures and file a proposed schedule for remaining deadlines within forty-five (45) days of this decision. A proposed interim schedule is due within thirty (30) days if either party appeals this decision. Signed by Judge Charles S. Haight, Jr. on 11/15/2018. (Chen, C.) (Entered: 11/15/2018)

Nov. 15, 2018 RECAP
38

NOTICE OF SCHEDULING CONFERENCE. A scheduling conference will be held on January 22, 2019 , at 10:30am in the Courtroom on the 17th Floor of the Connecticut Financial Building, 157 Church Street, New Haven, Connecticut, to resolve discovery issues raised in the 36 Report of the Parties' Planning Meeting . Out−of−state counsel need not appear in person and may participate by phone. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Signed by Judge Charles S. Haight, Jr. on 12/27/2018. (Chen, C.) (Entered: 12/27/2018)

Dec. 27, 2018
34

MOTION for Extension of Time until January 15, 2019 to file a responsive pleading 33 Order on Motion to Certify Class,,,,, by Richard V Spencer. (Nelson, David) (Entered: 12/04/2018)

Dec. 4, 2018 PACER
39

MOTION for Attorney(s) Nicole Taykhman to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC−5120436) by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Affidavit of Nicole Taykhman)(Wishnie, Michael) (Entered: 01/14/2019)

Jan. 14, 2019
35

ELECTRONIC ORDER granting 34 Defendant's Motion for Extension of Time to File a Responsive Pleading Following Class Certification, absent objection and for good cause shown. Accordingly, Defendant's responsive pleading following the Court's 33 Ruling on Plaintiff's Motion for Class Certification is due on or before January 15, 2019. Signed by Judge Charles S. Haight, Jr. on 12/05/2018. (Chen, C.) (Entered: 12/05/2018)

Dec. 5, 2018 PACER
40

ORDER granting 39 MOTION for Attorney Nicole Taykhman to be Admitted Pro Hac Vice. Signed by Clerk on 1/15/2019. (Reis, Julia) (Entered: 01/15/2019)

Jan. 15, 2019
41

MOTION to Continue January 22, 2019 hearing because of lapse in Government Appropriations by Richard V Spencer. (Nelson, David) (Entered: 01/15/2019)

Jan. 15, 2019
36

Joint REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit Plaintiffs' proposed production specifications)(Wishnie, Michael) (Entered: 12/21/2018)

Dec. 21, 2018 PACER
42

NOTICE of Appearance by Nicole Taykhman on behalf of Tyson Manker, National Veterans Council for Legal Redress (Taykhman, Nicole) (Entered: 01/16/2019)

Jan. 16, 2019
37

ELECTRONIC ORDER. Having reviewed 36 Report of the Parties' Planning Meeting, a scheduling conference is warranted as parties disagree as to whether the federal and local rules of civil procedure exempt this case from the usual discovery procedures, the scope of discovery, and discovery deadlines. Because the Report outlines the parties' positions, parties are not required to exchange and submit briefs addressing these issues. The Court will hold a scheduling conference on January 22, 2019, at 10:30am. A separate calendar notice will issue. All case deadlines, including the filing of Defendant's intended Motion to Dismiss and/or for Remand, are STAYED. In addition, the Court finds there is good cause to delay issue of the scheduling order until discovery issues are resolved. See Fed. R. Civ. P. 16(b)(2) ([U]nless the judge finds good cause for delay, the judge must issue [the scheduling order] within the earlier of 90 days....). Signed by Judge Charles S. Haight, Jr. on 12/27/2018. (Chen, C.) (Entered: 12/27/2018)

Dec. 27, 2018 PACER
38

NOTICE OF SCHEDULING CONFERENCE. A scheduling conference will be held on January 22, 2019, at 10:30am in the Courtroom on the 17th Floor of the Connecticut Financial Building, 157 Church Street, New Haven, Connecticut, to resolve discovery issues raised in the 36 Report of the Parties' Planning Meeting. Out-of-state counsel need not appear in person and may participate by phone. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Signed by Judge Charles S. Haight, Jr. on 12/27/2018. (Chen, C.) (Entered: 12/27/2018)

Dec. 27, 2018 PACER
43

Memorandum in Opposition re 41 MOTION to Continue January 22, 2019 hearing because of lapse in Government Appropriations filed by Tyson Manker, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 01/16/2019)

Jan. 16, 2019
39

MOTION for Attorney(s) Nicole Taykhman to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-5120436) by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Affidavit of Nicole Taykhman)(Wishnie, Michael) (Entered: 01/14/2019)

Jan. 14, 2019 PACER
44

ORDER (see attached) granting AS MODIFIED Defendant's 41 Motion to Continue Hearing Based on the Lapse of Government Appropriations , to which Plaintiffs object. Accordingly, the scheduling conference that was to be held on January 22, 2019 , see Doc. 38, is continued to February 5, 2019 at 10:30 a.m. in Courtroom 2 in the Richard C. Lee U.S. Courthouse, 141 Church Street, New Haven, CT, if the U.S. Attorney's office is funded and AUSA Nelson recalled from furlough. If this contingency does not come to pass and AUSA Nelson remains furloughed on February 5, 2019, the occupants of AUSA Nelson's chain of command are directed to file by February 5, 2019 , a brief responding to 43 Plaintiffs' Opposition to Motion to Continue Hearing . If so advised, Plaintiffs may file a reply brief by February 12, 2019 . The Court will then decide if any further stay or continue should be granted in this case. Signed by Judge Charles S. Haight, Jr. on 01/18/2019. (Chen, C.) (Entered: 01/18/2019)

Jan. 18, 2019
40

ORDER granting 39 MOTION for Attorney Nicole Taykhman to be Admitted Pro Hac Vice. Signed by Clerk on 1/15/2019. (Reis, Julia) (Entered: 01/15/2019)

Jan. 15, 2019 PACER
45

MOTION to allow use of ASL Interpreting Team by Tyson Manker, National Veterans Council for Legal Redress.Responses due by 2/8/2019 (Wishnie, Michael) (Entered: 01/18/2019)

Jan. 18, 2019
41

MOTION to Continue January 22, 2019 hearing because of lapse in Government Appropriations by Richard V Spencer. (Nelson, David) (Entered: 01/15/2019)

Jan. 15, 2019 PACER
46

ELECTRONIC ORDER granting Plaintiffs' 45 Motion to Allow Use of American Sign Language Interpreting Team . One of the law student interns representing Plaintiffs, Mr. Resendes, is deaf and asks for a reasonable accommodation. Accordingly, Mr. Resendes may use his American Sign Language interpreting team from Yale Law School for the scheduling conference to be held on February 5, 2019 , see Doc. 44, and at any future proceedings. Signed by Judge Charles S. Haight, Jr. on 01/22/2019. (Chen, C.) (Entered: 01/22/2019)

Jan. 22, 2019
42

NOTICE of Appearance by Nicole Taykhman on behalf of Tyson Manker, National Veterans Council for Legal Redress (Taykhman, Nicole) (Entered: 01/16/2019)

Jan. 16, 2019 PACER
47

NOTICE OF E−FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. In−Person Scheduling Conference set for 2/5/2019 at 10:30 AM in Courtroom Two, 141 Church St., New Haven, CT before Judge Charles S. Haight Jr. (Freberg, B) (Entered: 01/24/2019)

Jan. 24, 2019
48

ELECTRONIC ORDER. Parties are directed to exchange and submit a brief on the discovery issues raised in the 36 Report of the Parties' Planning Meeting and discussed in today's scheduling conference no more than fifteen (15) days after the parties and this Court have been furnished a transcript of today's proceedings. If so advised, the parties may exchange and submit reply briefs seven (7) days after submission of the main briefs. Signed by Judge Charles S. Haight, Jr. on 02/05/2019. (Chen, C.) (Entered: 02/05/2019)

Feb. 5, 2019
43

Memorandum in Opposition re 41 MOTION to Continue January 22, 2019 hearing because of lapse in Government Appropriations filed by Tyson Manker, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 01/16/2019)

Jan. 16, 2019 RECAP
49

Minute Entry for proceedings held before Judge Charles S. Haight, Jr: In−Person Scheduling Conference held on 2/5/2019. Total Time: 1 hours and 13 minutes(Court Reporter Tracy Gow.) (Freberg, B) (Entered: 02/05/2019)

Feb. 5, 2019
44

ORDER (see attached) granting AS MODIFIED Defendant's 41 Motion to Continue Hearing Based on the Lapse of Government Appropriations, to which Plaintiffs object. Accordingly, the scheduling conference that was to be held on January 22, 2019, see Doc. 38, is continued to February 5, 2019 at 10:30 a.m. in Courtroom 2 in the Richard C. Lee U.S. Courthouse, 141 Church Street, New Haven, CT, if the U.S. Attorney's office is funded and AUSA Nelson recalled from furlough. If this contingency does not come to pass and AUSA Nelson remains furloughed on February 5, 2019, the occupants of AUSA Nelson's chain of command are directed to file by February 5, 2019, a brief responding to 43 Plaintiffs' Opposition to Motion to Continue Hearing. If so advised, Plaintiffs may file a reply brief by February 12, 2019. The Court will then decide if any further stay or continue should be granted in this case. Signed by Judge Charles S. Haight, Jr. on 01/18/2019. (Chen, C.) (Entered: 01/18/2019)

Jan. 18, 2019 RECAP

State / Territory: Connecticut

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: March 2, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Navy and Marine Corps veterans who unsuccessfully applied to the Navy Discharge Review Board for a discharge upgrade based on service-related PTSD.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Jerome N. Frank Legal Services Organization (Yale)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Secretary of the Navy, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Implement complaint/dispute resolution process

Training

Issues

General:

Classification / placement

Discharge & termination plans

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mental impairment

Type of Facility:

Government-run