Case: Manker v. Spencer

Manker v. Del Toro

Yale Law School

JND Legal Administration

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)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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Request to Issue Summons

Add and Terminate Judges

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

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

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

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)

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)

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)

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

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)

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)

Update Answer Deadline

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

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

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)

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

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)

1 Memorandum in Support

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2 Declaration of Michael J. Wishnie

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3 Declaration of Susan J. Kohlmann

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

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)

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)

1 Exhibit A

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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)

1 Exhibit A

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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)

1 Exhibit A

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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)

1 Exhibit A

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

1 Exhibits 1 - 4

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

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)

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

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

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

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)

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

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)

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)

1 Exhibit

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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)

1 Exhibit

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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)

1 Exhibit

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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)

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

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, 200 1, 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 discha rges; (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 me ntal 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 respo nsive 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.)

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)

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)

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

1 Exhibit Plaintiffs' proposed production specifications

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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)

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)

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)

1 Affidavit of Nicole Taykhman

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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)

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

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

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)

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)

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)

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)

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)

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)

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)

TRANSCRIPT of Proceedings: Type of Hearing: Scheduling Conference. Held on February 5, 2019 before Judge Charles S. Haight, Jr.. Court Reporter: Tracy Gow. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 3/8/2019. Redacted Transcript Deadline set for 3/18/2019. Release of Transcript Restriction set for 5/16/2019. (Gow, T.) (Entered: 02/15/2019)

RESPONSE re 36 Report of Rule 26(f) Planning Meeting re Request for Discovery filed by Tyson Manker, National Veterans Council for Legal Redress. (Wishnie, Michael) (Entered: 03/04/2019)

RESPONSE re 36 Report of Rule 26(f) Planning Meeting filed by Richard V Spencer. (Nelson, David) (Entered: 03/04/2019)

RESPONSE re 36 Report of Rule 26(f) Planning Meeting, 51 Response filed by Richard V Spencer. (Nelson, David) (Entered: 03/11/2019)

RESPONSE re 36 Report of Rule 26(f) Planning Meeting, 52 Response filed by Tyson Manker, National Veterans Council for Legal Redress. (Creelan, Jeremy) (Entered: 03/11/2019)

MEMORANDUM AND ORDER (attached), concerning a dispute about pretrial discovery. The Court can only determine if extra-record discovery, and how much discovery, is permitted under the Administrative Procedure Act once Defendant has produced the admini strative record. Accordingly: 1. Defendant is directed to produce to counsel for Plaintiffs, on or before May 20, 2019, the full administrative records of the two lead Plaintiffs in this action relating to the application of those Pl aintiffs for discharge upgrades. 2. In addition to the records referred to in Paragraph 1 of this Order, Defendant is directed to produce to counsel for Plaintiffs, on or before May 20, 2019, the documents referred to in Defendant 9;s brief, [Doc. 52 ], at page 5 n.1. 3. If any party wishes any document referred to in this Order to be filed under seal or otherwise held in confidence, the parties are directed to agree upon an appropriate order and submit it to the Court, or failing agreement, apply to the Court for resolution of the issue. Signed by Judge Charles S. Haight, Jr. on 04/05/2019. (Chen, C.)

NOTICE by Richard V Spencer - Filing of the Administrative Record (Attachments: # 1 Certification of the Record, # 2 Table of Contents, # 3 Volume 3 - references)(Nelson, David) (Entered: 05/20/2019)

1 Certification of the Record

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2 Table of Contents

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3 Volume 3 - references

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MOTION to Seal - Portions of the Administrative Record by Richard V Spencer. (Nelson, David) (Entered: 05/20/2019)

Sealed Document: Volume 1 - Part 1 by Richard V Spencer re 57 MOTION to Seal - Portions of the Administrative Record . (Attachments: # 1 Part 2, # 2 Part 3)(Nelson, David) (Entered: 05/20/2019)

Sealed Document: Volume 2 - Part 1 by Richard V Spencer re 57 MOTION to Seal - Portions of the Administrative Record . (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6, # 6 Part 7)(Nelson, David) (Entered: 05/20/2019)

ELECTRONIC ORDER granting 57 Defendant's Motion to Seal. Defendant Richard V. Spencer, Secretary of the Navy, moves the Court to seal the Administrative Record with respect to military veterans Manker and Doe. Defendant represents that these records contain protected information, such as medical information. He further states that the parties are conferring to determine mutually agreeable redactions to later file without seal. Under these circumstances, the Court GRANTS the 57 motion to seal the Administrative Record temporarily to allow the parties sufficient time to propose appropriate redactions. In light of the contents of medical records, Defendant's request for sealing is warranted -- properly supported by "clear and compelling reasons" and "narrowly tailored to serve those reasons," D. Conn. L. Civ. R. 5(e)(3). See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 123 (2d Cir. 2006)); New York Times Co. v. Biaggi, 828 F.2d 110, 116 (2d Cir.1987); Hartford Courant Co. v. Pellegrino, 380 F.3d 83, 96 (2d Cir. 2004). Upon proper request, this District has sealed individuals' medical records, noting that "[f]ederal law generally treats such records as confidential." Tavares v. Lawrence & Mem'l Hosp., No. 3:11-CV-770 (CSH), 2012 WL 5929949, at *5 (D. Conn. Nov. 27, 2012) (quoting Barnwell v. FCI Danbury, No. 3:10-CV-01301 (DJS), 2011 WL 5330215, at *5 (D. Conn. Nov. 3, 2011) and citing the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), Pub. L. No. 104191 (1996)). See also Northrop v. Carucci, No. 3:04-CV-103 (RNC), 2007 WL 685173, at *3 n.6 (D. Conn. Mar. 5, 2007) ("[P]laintiff's medical records will be sealed by the Clerk because federal law [HIPAA] treats medical records as confidential"). Because "blanket sealing" of entire documents or sets of document is generally disfavored, the parties must cooperate and use due diligence to propose the necessary redactions in a timely manner. See, e.g., Travelers Indem. Co. v. Excalibur Reinsurance Corp., No. 3:11-CV-1209 (CSH), 2013 WL 4012772, at *3 (D. Conn. Aug. 5, 2013) ("[B]lanket sealing of an entire case is disfavored both under rule and case precedent.") (collecting cases). In this case, the parties are proceeding in the proper fashion. This Order for sealing is accordingly temporary and subject to the Court's further Order. Signed by Judge Charles S. Haight, Jr. on May 24, 2019. (Dorais, L.) (Entered: 05/24/2019)

Order on Motion to Seal

RESPONSE re 56 Notice (Other) by Tyson Manker, National Veterans Council for Legal Redress/ Letter Regarding Administrative Record and Discovery. (Kohlmann, Susan) (Entered: 05/31/2019)

RESPONSE re 61 Response filed by Richard V Spencer. (Nelson, David) (Entered: 06/18/2019)

MOTION for Leave to Appear Law Student Interns Jazmine Buckley and Jared Quigley by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Law Student Intern Appearance, # 2 Law Student Intern Appearance)(Wishnie, Michael) (Entered: 06/24/2019)

1 Law Student Intern Appearance

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2 Law Student Intern Appearance

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ELECTRONIC ORDER, granting Plaintiffs' 63 Motion for Leave for Law Student Interns 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. 63 -1, 63 -2; see also D. Conn. L. Civ. R. 83.9(c). Accordingly, law student interns Jazmine G. Buckley and Jared M. Quigley 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 06/25/2019. (Chen, C.) (Entered: 06/25/2019)

Order on Motion to Appear

ELECTRONIC ORDER AND NOTICE. Plaintiffs suggest that the Court reinstate a timeline for Defendant's intended Motion to Dismiss. Doc. 61 at 5 n.1. Defendant also appears to imply that no further delay is warranted for such a motion. Doc. 62 at 1 ("Defendant respectfully requests the Court either deny Plaintiffs' request for extra-record discovery or to stay Plaintiffs' demand for extra-record discovery until after the Court rules on Defendant's anticipated Motion to Dismiss and/or for Remand for de novo adjudication as authorized by the Kurta Memo."). The parties continue to dispute, with vigor, whether pre-trial discovery should exceed the administrative records generated by the two named class representatives. But counsel for Defendant has also said he intends to make a motion to dismiss the Complaint, although he has not yet done so. The Court's governance of the case will be enhanced by considering the motion to dismiss before adjudicating the panoply of issues presented by the plaintiff class's challenged demands for extra-record discovery. Accordingly, Defendant must file a Motion to Dismiss and/or for Remand on or before July 26, 2019. Plaintiffs must file a response by August 6, 2019, and Defendant may file a reply by August 12, 2019. Parties should be prepared to argue the motion on August 14, 2019, at 10:00 a.m. in the Courtroom on the 17th Floor of the Connecticut Financial Building, 157 Church Street, New Haven, Connecticut. All other case deadlines remain stayed. Signed by Judge Charles S. Haight, Jr. on 07/12/2019. (Chen, C.) (Entered: 07/12/2019)

Order

Notice

Set Deadlines/Hearings

Set Deadlines/Hearings: Motion to Dismiss due by 7/26/2019. (Barry, Donna)

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE.ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Oral Argument set for 8/14/2019 at 10:00 AM in Connecticut Financial Center, 17th Flr., 157 Church Street, New Haven, CT before Judge Charles S. Haight Jr. (Barry, Donna) (Entered: 07/18/2019)

Calendar Entry

Set Deadlines/Hearings

MOTION to Dismiss by Richard V Spencer.Responses due by 8/16/2019 (Attachments: # 1 Memorandum in Support, # 2 Exhibit A)(Nelson, David) (Entered: 07/26/2019)

1 Memorandum in Support

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2 Exhibit A

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Memorandum in Opposition re 67 MOTION to Dismiss filed by Tyson Manker, National Veterans Council for Legal Redress. (Kohlmann, Susan) (Entered: 08/06/2019)

REPLY to Response to 67 MOTION to Dismiss filed by Richard V Spencer. (Nelson, David) (Entered: 08/12/2019)

Minute Entry. Proceedings held before Judge Charles S. Haight, Jr: Oral Argument held on 8/14/2019 taking under advisement 67 MOTION to Dismiss filed by Richard V Spencer. Total Time: 1 hours and 29 minutes. (Court Reporter Falzarano Court Reporters.) (Freberg, B) (Entered: 08/14/2019)

TRANSCRIPT of Proceedings: Type of Hearing: Oral Argument. Held on 8-14-19 before Judge Charles S. Haight. Court Reporter: Falzarano. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: To remove personal identifier information from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within seven (7) calendar days of this date. If no such Notice is filed, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available through PACER without redaction 90 days from today's date. The transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. The policy governing the redaction of personal information is located on the court website at www.ctd.uscourts.gov. Redaction Request due 9/17/2019. Redacted Transcript Deadline set for 9/27/2019. Release of Transcript Restriction set for 11/25/2019. (Falzarano, D.) (Entered: 08/27/2019)

NOTICE by Richard V Spencer of filing of the redacted administrative record (Attachments: # 1 Volume 1, part 1, # 2 Volume 1, part 2, # 3 Volume 1, part 3, # 4 Volume 2, part 1, # 5 Volume 2, part 2, # 6 Volume 2, part 3, # 7 Volume 2, part 4, # 8 Volume 2, part 5, # 9 Volume 2, part 6, # 10 Volume 2, part 7, # 11 Volume 2, part 8, # 12 Volume 2, part 9)(Nelson, David) (Entered: 08/28/2019)

1 Volume 1, part 1

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2 Volume 1, part 2

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3 Volume 1, part 3

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4 Volume 2, part 1

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5 Volume 2, part 2

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6 Volume 2, part 3

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7 Volume 2, part 4

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8 Volume 2, part 5

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9 Volume 2, part 6

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10 Volume 2, part 7

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11 Volume 2, part 8

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12 Volume 2, part 9

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NOTICE of Supplemental Authority by All Plaintiffs (Attachments: # 1 Exhibit Exhibit A)(Wishnie, Michael) Modified on 9/13/2019 to correct document title (Nuzzi, Tiffany). (Entered: 09/13/2019)

1 Exhibit Exhibit A

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MOTION for Leave to Appear Law Student Intern Appearance Attorney Michael J. Wishnie. by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Law Student Intern Appearance)(Wishnie, Michael) (Entered: 10/09/2019)

1 Law Student Intern Appearance

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MOTION for Leave to Appear Law Student Intern Appearance Attorney Michael J. Wishnie. by Tyson Manker, National Veterans Council for Legal Redress. (Attachments: # 1 Law Student Intern Appearance)(Wishnie, Michael) (Entered: 10/09/2019)

1 Law Student Intern Appearance

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ELECTRONIC ORDER granting Plaintiffs' 74 and 75 Motions for Leave for Law Student Interns 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. See Docs. 74 -1, 75 -1; see also D. Conn. L. Civ. R. 83.9(c). Accordingly, law student interns Mollie L. Berkowitz and Kayla N. Morin 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 October 10, 2019. (Gitlin, A.) (Entered: 10/10/2019)

Order on Motion to Appear

Supplemental NOTICE by Tyson Manker, National Veterans Council for Legal Redress re 68 Memorandum in Opposition to Motion, 69 Reply to Response to Motion, 67 MOTION to Dismiss (Wishnie, Michael) (Entered: 10/21/2019)

RESPONSE re 77 Notice (Other) filed by Richard V Spencer. (Nelson, David) (Entered: 10/22/2019)

RULING (see attached). Defendant's 67 Motion to Dismiss is DENIED. Defendant's alternative 67 Motion for a Remand is GRANTED IN PART, in that the applications of Plaintiffs Manker and Doe for discharge upgrades are reman ded to the Naval Discharge Review Board ("NDRB") for further administrative consideration. The NDRB must issue its decisions following the consideration on remand not later than March 7, 2020. Otherwise, Defendant's Motion for a Remand is DENIED. Additionally, proceedings with respect to the claims of Plaintiffs Manker and Doe are STAYED pending decisions on the remands directed in the attached Order. No other proceedings are stayed. Discovery in this case is no t limited to the administrative records generated by the applications of Plaintiffs Manker and Doe; and, discovery will be supervised by Magistrate Judge Spector pursuant to a separate Order of Reference. Signed by Judge Charles S. Haight, Jr. on November 7, 2019. (Gitlin, A.)

ORDER OF REFERRAL TO MAGISTRATE JUDGE (see attached). In accordance with the Court's 79 Ruling on Defendant's Motion to Dismiss or Remand and On Cross-Motions for Discovery, this case is respectfully referred to United States Magistrate Judge Robert M. Spector to supervise discovery and resolve discovery disputes. Signed by Judge Charles S. Haight, Jr. on November 7, 2019. (Gitlin, A.) Modified text on 11/7/2019 (Barry, Donna). (Entered: 11/07/2019)

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. A telephonic status conference is set for 11/19/2019 at 9:30 AM before Judge Robert M. Spector. Please use the following conference call in number: (877) 873-8017; access code: 7040261. (Mallon, Kathleen) (Entered: 11/12/2019)

Calendar Entry

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 11/19/2019 at 9:30 a.m. Upon the defendant's request, and with the consent of the plaintiffs, the telephonic status conference currently scheduled for 11/19/2019 at 9:30 a.m. is adjourned to 11/22/2019 at 3:30 p.m. before Judge Robert M. Spector. Please use the following conference call in number: (877) 873-8017; access code: 7040261. (Mallon, Kathleen) (Entered: 11/15/2019)

Calendar Entry

Minute Entry for proceedings held before Judge Robert M. Spector: A telephonic status conference was held on 11/22/2019. 20 minutes (Mallon, Kathleen) (Entered: 11/22/2019)