Case: Kennedy v. Fanning

3:16-cv-02010 | U.S. District Court for the District of Connecticut

Filed Date: Dec. 9, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 9, 2016, an army veteran filed this lawsuit in the U.S. District Court for the District of Columbia against the Secretary of the Army for violating the Administrative Procedure Act (5 U.S.C. § 706) and the Due Process Clause of the Fifth Amendment. This veteran was deployed to Iraq and Afghanistan after 9/11 and suffered from service-related mental health issues. He was subsequently dismissed with less-than-Honorable discharges. Represented by the Veterans Legal Services Clinic and …

On December 9, 2016, an army veteran filed this lawsuit in the U.S. District Court for the District of Columbia against the Secretary of the Army for violating the Administrative Procedure Act (5 U.S.C. § 706) and the Due Process Clause of the Fifth Amendment. This veteran was deployed to Iraq and Afghanistan after 9/11 and suffered from service-related mental health issues. He was subsequently dismissed with less-than-Honorable discharges. Represented by the Veterans Legal Services Clinic and Jerome N. Frank Legal Services Organization at Yale Law School and the Connecticut Veterans Legal Center, the veteran sought equitable and injunctive relief and attorneys' fees. He claimed that the Army failed to treat and accommodate his mental health conditions, which were a direct result from his service. As a result, the veteran alleged, he was charged with a variety of infractions that led to his less-than-Honorable discharge. The veteran also alleged that his less-than-Honorable discharge status impeded his access to services and benefits that help veterans heal their wounds and thrive in civilian society. The case was assigned to Judge Warren W. Eginton.

About five months later, the veteran amended his complaint to a class-action complaint and added a class representative as a plaintiff. The class representative brought the same claims as the original plaintiff and also alleged that the military violated the Little Tucker Act by recouping her enlistment bonus without cause. Claims for military pay and allowances under $10,000 are actionable under the Little Tucker Act.

Upon discharge, military personnel receive a certificate that characterizes their service, which impacts their eligibility for various benefits and support services administered by the U.S. Department of Veterans Affairs ("VA"). The Army Discharge Review Board ("ADRB") was created by Congress specifically to address unjust and improper discharges. On September 3, 2014, then-Secretary of Defense Chuck Hagel directed all records-correction boards to give "special consideration" to PTSD diagnoses and to consider PTSD and related conditions as "potential mitigating factors" for the misconduct that caused a discharge with "other than honorable conditions." The veterans alleged that the ADRB wrongfully denied their applications for discharge upgrades.

The veterans asked the court to ensure that the Army employs consistent standards in considering the effects of class members' PTSD when determining whether to upgrade their discharge statuses. The veterans also sought individual status upgrades to "Honorable" to accurately reflect their service and to recoup any enlistment bonuses redacted in light of their less-than-Honorable discharges.

The Army filed a motion to dismiss the case in March 2017. This motion was denied one month later without prejudice. Three months later, in June 2017, the veterans moved to certify their class. The Army opposed the motion, and it was eventually denied without prejudice. That same month, the Army filed another motion to dismiss or, alternatively, for voluntary remand. The court denied the motion to dismiss but granted voluntary remand in September. Judge Eginton reasoned that a voluntary remand would be the most efficient way to correct the representative veterans' discharge statuses and to complete the record for the veterans' class-action suit.

In October, the second representative plaintiff's discharge status was upgraded to honorable, and the Army was barred from recouping her enlistment bonus. The original plaintiff's discharge status was not reconsidered until March 2018 due to administrative issues and errors.

On June 4, 2018, the Army filed another motion to dismiss and the veterans filed another motion to certify the class. The Judge granted the veterans' motion in December, 2018, rejecting the Army's arguments regarding redressability, mootness, and exhaustion of administrative remedies, and certifying the class pursuant to FRCP 23. The class was certified as:

All Army, Army Reserve, and Army National Guard veterans of the Iraq and Afghanistan era—the period between October 7, 2001 to present—who:
  1. were discharged with a less-than-Honorable service characterization (this includes General and Other-than-Honorable discharges from the Army, Army Reserve, and Army National guard, but not Bad Conduct or Dishonorable discharges);
  2. have not received discharge upgrades to Honorable; and
  3. have diagnoses of PTSD or PTSD-related conditions or record documenting one or more symptoms of PTSD or PTSD-related conditions at the time of discharge attributable to their military service under the Hagel Memo standards of liberal and special consideration.
A few weeks later, on January 9, 2019, the Court rejected the Army's motion to dismiss, citing the same reasoning discussed in his order certifying the class.

The parties began to negotiate discovery plans. On November 12, 2019, the case was reassigned to Judge Charles S. Haight, Jr. It was then referred to Magistrate Judge Robert Spector on January 7, 2020 for the purpose of considering settlement by the parties. Since then, the parties have participated in a series of settlement conferences.

The parties filed a Joint Motion for Settlement on November 17, 2020. The parties agreed that class members that already applied to reconsideration of their discharge status would be permitted to reapply for reconsideration if their symptoms indicated PTSD or PTSD-related conditions. Veterans that had not already applied for reconsideration would be provided referred to legal and medical assistance to support their reconsideration applications. The defendants also agreed to update their review procedures and provide annual training to the reviewing board that is specifically tailored to mental health conditions. Finally, the defendants agreed to pay $185,000 in attorneys' fees and costs to the plaintiff's counsel.

As the settlement agreement is being implemented, the case remains ongoing.

Summary Authors

Elise Coletta (3/14/2019)

Bogyung Lim (6/15/2020)

Becca Rogers (12/25/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4578641/parties/kennedy-v-fanning/


Judge(s)

Eginton, Warren William (Connecticut)

Garfinkel, William I. (Connecticut)

Haight, Charles Sherman Jr. (New York)

Spector, Robert M (Connecticut)

Attorneys(s) for Plaintiff

Burbank, Renee (Connecticut)

Creelan, Jeremy (New York)

Goldstein, William S.C (New York)

Kohlmann, Susan J. (New York)

Montalto, Dana (Connecticut)

Nelson, Sean D (Illinois)

Judge(s)

Eginton, Warren William (Connecticut)

Garfinkel, William I. (Connecticut)

Haight, Charles Sherman Jr. (New York)

Spector, Robert M (Connecticut)

Attorneys(s) for Plaintiff

Burbank, Renee (Connecticut)

Creelan, Jeremy (New York)

Goldstein, William S.C (New York)

Kohlmann, Susan J. (New York)

Montalto, Dana (Connecticut)

Nelson, Sean D (Illinois)

Ramanathan, Ravi (New York)

Tracer, Jacob (New York)

Wenzloff, Aaron Paul (Illinois)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

Elicker, Natalie Nicole (Connecticut)

McConaghy, Michelle Lynn (Connecticut)

Documents in the Clearinghouse

Document

Docket [PACER]

Dec. 10, 2020 Docket
1

Complaint

Dec. 8, 2016 Complaint
11

Amended Complaint

April 17, 2017 Complaint
29

Order Denying Motion to Dismiss

2017 WL 4157527

Sept. 19, 2017 Order/Opinion
75

Ruling Denying Motion to Dismiss

Dec. 21, 2018 Order/Opinion
74

Memorandum of Decision on Motion

Dec. 21, 2018 Order/Opinion
198

Joint Motion for Preliminary Settlement Approval

Kennedy v. McCarthy

Nov. 17, 2020 Pleading / Motion / Brief

Resources

Title Description External URL

Kennedy v. Esper

Yale Law School

On April 17, 2017, Steve Kennedy and Alicia Carson filed a proposed nationwide class-action lawsuit on behalf of approximately 50,000 less than-Honorably discharged Iraq and Afghanistan-era Army vete… Jan. 1, 2019 https://law.yale.edu/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4578641/kennedy-v-fanning/

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

ECF Number Description Date Link

Add and Terminate Judges

Dec. 8, 2016 PACER
1

COMPLAINT against Eric Fanning ( Filing fee $400 receipt number 0205-4223895.), filed by Stephen M Kennedy. (Attachments: # 1 Exhibit, # 2 Exhibit)(Wishnie, Michael) (Entered: 12/08/2016)

1 Exhibit

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2 Exhibit

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Dec. 8, 2016 PACER

Judge Warren W. Eginton added. (Walker, A)

Dec. 8, 2016 PACER
2

ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Warren W. Eginton on 12/8/2016.(Fazekas, J.) (Entered: 12/09/2016)

Dec. 8, 2016 PACER
3

NOTICE TO COUNSEL/PRO SE PARTIES : Counsel or pro se parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 2 Electronic Filing Order, 1 Complaint filed by Stephen M. Kennedy Signed by Clerk on 12/9/2016.(Fazekas, J.) (Entered: 12/09/2016)

Dec. 9, 2016 PACER

Request to Issue Summons

Dec. 16, 2016 PACER

Request for Clerk to issue summons as to Eric Fanning. (Wishnie, Michael)

Dec. 16, 2016 PACER
4

ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Eric Fanning* with answer to complaint due within *60* days. Attorney *Michael J. Wishnie* *Jerome N. Frank Legal Services - Wall St* *Yale Law School, 127 Wall Street* *New Haven, CT 06511*. (Fazekas, J.) (Entered: 12/19/2016)

Dec. 19, 2016 PACER
5

NOTICE of Appearance by David Christopher Nelson on behalf of Eric Fanning (Nelson, David) (Entered: 02/21/2017)

Feb. 21, 2017 RECAP
6

MOTION for Extension of Time until March 27, 2017 to file a responsive pleading by Eric Fanning. (Nelson, David) (Entered: 02/21/2017)

Feb. 21, 2017 PACER

Update Answer Deadline

Feb. 22, 2017 PACER
7

ORDER granting 6 Motion for Extension of Time until March 27, 2017 to file a responsive pleading. Signed by Judge Warren W. Eginton on 2/22/2017. (LaMura, K.) (Entered: 02/22/2017)

Feb. 22, 2017 PACER

Answer deadline updated for Eric Fanning to 3/27/2017. (LaMura, K.)

Feb. 22, 2017 PACER
8

SUMMONS Returned Executed by Stephen M. Kennedy. All Defendants. (Wishnie, Michael) (Entered: 03/24/2017)

March 24, 2017 RECAP
9

NOTICE of Appearance by Aaron Paul Wenzloff on behalf of Stephen M. Kennedy (Wenzloff, Aaron) (Entered: 03/27/2017)

March 27, 2017 PACER
10

MOTION to Dismiss by Eric Fanning.Responses due by 4/17/2017 (Attachments: # 1 Memorandum in Support)(Nelson, David) (Entered: 03/27/2017)

1 Memorandum in Support

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March 27, 2017 PACER
11

AMENDED COMPLAINT against Robert Speer, filed by Stephen M. Kennedy. (Attachments: # 1 Exhibit Hagel Memo, # 2 Exhibit Kennedy 2015 ADRB Decision, # 3 Exhibit Carson 2015 ADRB Decision)(Wishnie, Michael) (Entered: 04/17/2017)

1 Exhibit Hagel Memo

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2 Exhibit Kennedy 2015 ADRB Decision

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3 Exhibit Carson 2015 ADRB Decision

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April 17, 2017 PACER
12

MOTION for Extension of Time until June 30, 2017 to file a responsive pleading 11 Amended Complaint by Robert Speer. (Nelson, David) (Entered: 04/21/2017)

April 21, 2017 PACER

Update Answer Deadline

April 24, 2017 PACER
13

ORDER granting 12 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 4/24/2017. (LaMura, K.) (Entered: 04/24/2017)

April 24, 2017 PACER

Answer deadline updated for Robert Speer to 6/30/2017. (Fazekas, J.)

April 24, 2017 PACER
14

ORDER denying without prejudice 10 Motion to Dismiss. Defendant shall file a motion to dismiss or other responsive pleading to the amended complaint by June 30, 2017. Signed by Judge Warren W. Eginton on 4/25/2017. (LaMura, K.) (Entered: 04/25/2017)

April 25, 2017 PACER
15

MOTION to Certify Class by Alicia J. Carson, Stephen M. Kennedy.Responses due by 7/18/2017 (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Affidavit)(Wishnie, Michael) (Entered: 06/27/2017)

1 Memorandum in Support

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2 Affidavit

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3 Affidavit

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June 27, 2017 PACER
16

MOTION to Dismiss by Robert Speer.Responses due by 7/21/2017 (Attachments: # 1 Memorandum in Support)(Nelson, David). Added MOTION to Remand to Agency on 9/19/2017 (Gould, K.). (Entered: 06/30/2017)

1 Memorandum in Support

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June 30, 2017 PACER
17

MOTION for Extension of Time until August 17, 2017 to respond to the plaintiffs' motion 15 MOTION to Certify Class by Robert Speer. (Nelson, David) (Entered: 07/11/2017)

July 11, 2017 PACER
18

ORDER granting 17 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 7/13/2017. (LaMura, K.) (Entered: 07/13/2017)

July 13, 2017 PACER
19

Reset Deadline as to 15 MOTION to Certify Class . Responses due by 8/17/2017 (LaMura, K.) (Entered: 07/13/2017)

July 13, 2017 PACER
20

Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Dismiss until 08/04/17 by Alicia J. Carson, Stephen M. Kennedy. (Wishnie, Michael) (Entered: 07/14/2017)

July 14, 2017 PACER
21

ORDER granting 20 Motion for Extension of Time to File Response/Reply re 16 MOTION to Dismiss Responses due by 8/4/2017 (LaMura, K.) (Entered: 07/18/2017)

July 18, 2017 PACER
22

Set Deadlines as to 16 MOTION to Dismiss . Responses due by 8/4/2017 (Gould, K.) (Entered: 07/19/2017)

July 18, 2017 PACER
23

Memorandum in Opposition re 16 MOTION to Dismiss filed by Alicia J. Carson, Stephen M. Kennedy. (Attachments: # 1 Exhibit 1)(Wishnie, Michael) (Entered: 08/04/2017)

1 Exhibit 1

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Aug. 4, 2017 PACER
24

MOTION for Extension of Time until September 1, 2017 to file a reply brief 23 Memorandum in Opposition to Motion by Robert Speer. (Nelson, David) (Entered: 08/11/2017)

Aug. 11, 2017 PACER

Set Motion and Rcmd Ruling Deadlines/Hearings

Aug. 14, 2017 PACER
25

ORDER granting 24 Motion for Extension of Time. Signed by Judge Warren W. Eginton on 8/14/2017. (LaMura, K.) (Entered: 08/14/2017)

Aug. 14, 2017 PACER

Reset Deadline as to 16 MOTION to Dismiss . Responses due by 9/1/2017 (LaMura, K.)

Aug. 14, 2017 PACER
26

Memorandum in Opposition re 15 MOTION to Certify Class filed by Robert Speer. (Nelson, David) (Entered: 08/17/2017)

Aug. 17, 2017 PACER
27

REPLY to Response to 15 MOTION to Certify Class filed by Alicia J. Carson, Stephen M. Kennedy. (Attachments: # 1 Exhibit Exhibit 1)(Wishnie, Michael) (Entered: 08/31/2017)

1 Exhibit Exhibit 1

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Aug. 31, 2017 PACER
28

REPLY to Response to 16 MOTION to Dismiss filed by Robert Speer. (Nelson, David) (Entered: 09/01/2017)

Sept. 1, 2017 PACER
29

ORDER denying without prejudice 16 Motion to Dismiss; granting 16 Motion to Remand to Agency. Signed by Judge Warren W. Eginton on 9/19/2017. (Gould, K.) (Entered: 09/19/2017)

Sept. 19, 2017 RECAP

Set Deadline: Status Report due by 12/19/2017 (LaMura, K.)

Sept. 25, 2017 PACER

Set Deadlines/Hearings

Sept. 25, 2017 PACER

ReSet Deadline: Status Report due by 1/31/2018 (LaMura, K.)

Sept. 25, 2017 PACER
30

STATUS REPORT as to Plaintiff Alicia Carson by Robert Speer. (Attachments: # 1 Discharge Upgrade Paperwork)(Nelson, David) (Entered: 10/23/2017)

1 Discharge Upgrade Paperwork

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Oct. 23, 2017 PACER
31

ORDER denying without prejudice pending reconsideration of the applications 15 Motion to Certify Class. Signed by Judge Warren W. Eginton on 10/31/2017. (Gould, K.) (Entered: 10/31/2017)

Oct. 31, 2017 PACER
32

STATUS REPORT by Alicia J. Carson, Stephen M. Kennedy. (Wishnie, Michael) (Entered: 01/31/2018)

Jan. 31, 2018 PACER
33

SCHEDULING ORDER: The parties are instructed to file a joint status report on or before May 4, 2018. Signed by Judge Warren W. Eginton on 2/1/18.(Gould, K.) (Entered: 02/01/2018)

Feb. 1, 2018 PACER
34

MOTION for Status Conference by Alicia J. Carson, Stephen M. Kennedy. (Wishnie, Michael) (Entered: 02/19/2018)

Feb. 19, 2018 PACER
35

ORDER granting 34 Motion for Conference. Signed by Judge Warren W. Eginton on 2/20/2018. (Gould, K.) (Entered: 02/20/2018)

Feb. 20, 2018 PACER
36

ORDER REFERRING CASE to Magistrate Judge William I. Garfinkel for Settlement Conference. Signed by Judge Warren W. Eginton on 2/20/2018.(Gould, K.) (Entered: 02/20/2018)

Feb. 20, 2018 PACER
37

ORDER VACATING 36 Order Referring Case to Magistrate Judge. Per the parties request, a status conference will be scheduled. Signed by Judge Warren W. Eginton on 2/21/18.(Gould, K.) (Entered: 02/21/2018)

Feb. 21, 2018 PACER
38

SCHEDULING ORDER:Telephonic Status Conference set for 2/28/2018 02:00 PM before Judge Warren W. Eginton. The parties are instructed to arrange for a conference call with all counsel on the line prior to calling into chambers at 203-579-5819. Signed by Judge Warren W. Eginton on 2/22/2018.(LaMura, K.) (Entered: 02/22/2018)

Feb. 22, 2018 PACER
39

MOTION for Leave to Appear Law Student Intern Helen White by Alicia J. Carson, Stephen M. Kennedy. (Attachments: # 1 Law Student Intern Appearance)(Wishnie, Michael) (Entered: 02/27/2018)

1 Law Student Intern Appearance

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Feb. 27, 2018 PACER
40

MOTION for Leave to Appear Law Student Intern Jordan R. Goldberg by Alicia J. Carson, Stephen M. Kennedy. (Attachments: # 1 Law Student Intern Appearance)(Wishnie, Michael) (Entered: 02/27/2018)

1 Law Student Intern Appearance

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Feb. 27, 2018 PACER
41

SCHEDULING ORDER: In light of the Government's representations that review of Mr. Kennedy's discharge upgrade application should be completed by the end of March, the Court will hold a telephonic status conference on April 6, 2018 at 2 pm. The parties should arrange for a conference call, All counsel should be on the line prior to calling chambers at 203-579-5819 Telephonic Status Conference set for 4/6/2018 02:00 PM before Judge Warren W. Eginton Signed by Judge Warren W. Eginton on 2/28/2018.(Gould, K.) (Entered: 02/28/2018)

Feb. 28, 2018 PACER
43

Minute Entry for proceedings held before Judge Warren W. Eginton: Telephonic Status Conference held on 2/28/2018. Total Time: 15 minutes (Gould, K.) (Entered: 03/05/2018)

Feb. 28, 2018 PACER
42

ORDER granting 39 Motion to Appear ; granting 40 Motion to Appear. Signed by Judge Warren W. Eginton on 3/1/18. (Gould, K.) (Entered: 03/01/2018)

March 1, 2018 PACER
44

AMENDED SCHEDULING ORDER: ** Please note new date**Telephonic Status Conference set for 4/3/2018 02:00 PM before Judge Warren W. Eginton Signed by Judge Warren W. Eginton on 3/29/2018.(LaMura, K.) (Entered: 03/29/2018)

March 29, 2018 PACER
45

MOTION for Leave to Appear Law Student Intern Catherine E. McCarthy by Alicia J. Carson, Stephen M. Kennedy. (Wishnie, Michael) (Entered: 03/29/2018)

March 29, 2018 PACER
46

ORDER granting 45 Motion to Appear Law Student Intern. Signed by Judge Warren W. Eginton on 4/2/2018. (LaMura, K.) (Entered: 04/02/2018)

April 2, 2018 PACER
47

Joint MOTION for Scheduling Order by Alicia J. Carson, Stephen M. Kennedy. (Attachments: # 1 Exhibit 1)(Wishnie, Michael) (Entered: 04/03/2018)

1 Exhibit 1

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April 3, 2018 PACER
48

ORDER granting 47 Motion for Order. Plaintiffs' motion for class certification is due on June 4, 2018; defendant's motion to dismiss is due on June 4, 2018. The parties have thirty days to file any responses. Signed by Judge Warren W. Eginton on 4/3/2018. (Welles, T.) (Entered: 04/03/2018)

April 3, 2018 PACER
49

Minute Entry for proceedings held before Judge Warren W. Eginton: Telephonic Status Conference held on 4/9/2018. Total time 15 minutes (LaMura, K.) (Entered: 04/09/2018)

April 9, 2018 PACER
50

MOTION to Dismiss by Robert Speer.Responses due by 6/25/2018 (Attachments: # 1 Memorandum in Support)(Nelson, David) (Entered: 06/04/2018)

1 Memorandum in Support

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June 4, 2018 PACER
51

Second MOTION to Certify Class by Alicia J. Carson, Stephen M. Kennedy.Responses due by 6/25/2018 (Attachments: # 1 Memorandum in Support, # 2 Affidavit of Michael J. Wishnie, # 3 Exhibit A to Wishnie Declaration, # 4 Exhibit B to Wishnie Declaration, # 5 Exhibit C to Wishnie Declaration, # 6 Affidavit of Susan J. Kohlmann, # 7 Affidavit of Stephen M. Kennedy)(Wishnie, Michael) (Entered: 06/04/2018)

1 Memorandum in Support

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2 Affidavit of Michael J. Wishnie

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3 Exhibit A to Wishnie Declaration

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4 Exhibit B to Wishnie Declaration

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5 Exhibit C to Wishnie Declaration

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6 Affidavit of Susan J. Kohlmann

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7 Affidavit of Stephen M. Kennedy

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June 4, 2018 PACER
52

RESPONSE re 51 Second MOTION to Certify Class filed by Robert Speer. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Nelson, David) (Entered: 07/03/2018)

1 Exhibit 1

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2 Exhibit 2

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July 3, 2018 PACER
53

Memorandum in Opposition re 50 MOTION to Dismiss filed by Alicia J. Carson, Stephen M. Kennedy. (Wishnie, Michael) (Entered: 07/05/2018)

July 5, 2018 PACER
54

MOTION for Aaron Wenzloff to Withdraw as Attorney by Alicia J. Carson, Stephen M. Kennedy. (Wenzloff, Aaron) (Entered: 07/17/2018)

July 17, 2018 PACER
55

ORDER granting 54 Motion to Withdraw as Attorney. Attorney Aaron Paul Wenzloff terminated. Signed by Judge Warren W. Eginton on 7/18/2018. (LaMura, K.) (Entered: 07/18/2018)

July 18, 2018 PACER
56

MOTION for Attorney(s) Jeremy M. Creelan to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4922229) by Alicia J. Carson, Stephen M. Kennedy. (Attachments: # 1 Affidavit Affidavit and Certificate of Good Standing)(Wishnie, Michael) (Entered: 08/02/2018)

1 Affidavit Affidavit and Certificate of Good Standing

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Aug. 2, 2018 PACER
57

MOTION for Attorney(s) Susan J. Kohlmann to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4922256) by Alicia J. Carson, Stephen M. Kennedy. (Attachments: # 1 Affidavit Affidavit and Certificate of Good Standing)(Wishnie, Michael) (Entered: 08/02/2018)

1 Affidavit Affidavit and Certificate of Good Standing

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Aug. 2, 2018 PACER
58

MOTION for Attorney(s) Sean D. Nelson to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4922266) by Alicia J. Carson, Stephen M. Kennedy. (Attachments: # 1 Affidavit Affidavit and Certificate of Good Standing)(Wishnie, Michael) (Entered: 08/02/2018)

1 Affidavit Affidavit and Certificate of Good Standing

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Aug. 2, 2018 PACER
59

MOTION for Attorney(s) Jacob L. Tracer to be Admitted Pro Hac Vice (paid $75 PHV fee; receipt number ACTDC-4922271) by Alicia J. Carson, Stephen M. Kennedy. (Attachments: # 1 Affidavit Affidavit and Certificate of Good Standing)(Wishnie, Michael) (Entered: 08/02/2018)

1 Affidavit Affidavit and Certificate of Good Standing

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Aug. 2, 2018 PACER
60

REPLY to Response to 51 Second MOTION to Certify Class filed by Alicia J. Carson, Stephen M. Kennedy. (Wishnie, Michael) (Entered: 08/02/2018)

Aug. 2, 2018 RECAP
61

ORDER granting 56 Motion to Appear Pro Hac Vice as to Jeremy M. Creelan. Signed by Clerk on 8/3/2018. (Fazekas, J.) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
62

ORDER granting 57 Motion to Appear Pro Hac Vice as to Susan J. Kohlmann. Signed by Clerk on 8/3/2018. (Fazekas, J.) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
63

ORDER granting 58 Motion to Appear Pro Hac Vice as to Sean D. Nelson. Signed by Clerk on 8/3/2018. (Fazekas, J.) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
64

ORDER granting 59 Motion to Appear Pro Hac Vice as to Jacob L. Tracer. Signed by Clerk on 8/3/2018. (Fazekas, J.) (Entered: 08/03/2018)

Aug. 3, 2018 PACER
65

REPLY to Response to 50 MOTION to Dismiss filed by Robert Speer. (Nelson, David) (Entered: 08/03/2018)

Aug. 3, 2018 RECAP
66

NOTICE of Appearance by Susan J. Kohlmann on behalf of Alicia J. Carson, Stephen M. Kennedy (Kohlmann, Susan) (Entered: 08/06/2018)

Aug. 6, 2018 RECAP
67

NOTICE of Appearance by Jeremy M. Creelan on behalf of Alicia J. Carson, Stephen M. Kennedy (Creelan, Jeremy) (Entered: 08/08/2018)

Aug. 8, 2018 PACER
68

MOTION for Sean D. Nelson to Withdraw as Attorney for Plaintiffs by Alicia J. Carson, Stephen M. Kennedy. (Nelson, Sean) (Entered: 10/01/2018)

Oct. 1, 2018 PACER
69

NOTICE of Appearance by Jacob Tracer on behalf of Alicia J. Carson, Stephen M. Kennedy (Tracer, Jacob) (Entered: 10/01/2018)

Oct. 1, 2018 PACER
70

ORDER granting 68 Motion to Withdraw as Attorney. Attorney Sean D. Nelson terminated. Signed by Judge Warren W. Eginton on 10/02/18. (Gould, K.) (Entered: 10/02/2018)

Oct. 2, 2018 PACER
71

NOTICE by Alicia J. Carson, Stephen M. Kennedy of Supplemental Authority (Attachments: # 1 Exhibit Manker Opinion & Order on Class Certification)(Wishnie, Michael) (Entered: 11/16/2018)

1 Exhibit Manker Opinion & Order on Class Certification

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Nov. 16, 2018 RECAP
72

ORDER - The Court affords defendant until December 7, 2018, to file a response to plaintiff's notice of recent authority. Signed by Judge Warren W. Eginton on 11/19/2018.(Gould, K.) (Entered: 11/19/2018)

Nov. 19, 2018 PACER
73

RESPONSE re 71 Notice (Other), 72 Order filed by Robert Speer. (Nelson, David) (Entered: 11/28/2018)

Nov. 28, 2018 RECAP
74

MEMORANDUM OF DECISION granting 51 Motion to Certify Class. Signed by Judge Warren W. Eginton on 12/21/18. (Imbriani, Susan) (Entered: 12/21/2018)

Dec. 21, 2018 RECAP
75

Ruling denying 50 Motion to Dismiss. Signed by Judge Warren W. Eginton on 12/21/2018. (LaMura, K.) (Entered: 01/09/2019)

Jan. 9, 2019 RECAP
76

REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit Plaintiffs' Proposed Document Production Protocol)(Wishnie, Michael) (Entered: 03/06/2019)

1 Exhibit Plaintiffs' Proposed Document Production Protocol

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March 6, 2019 RECAP
77

MOTION Status Conference with the Court regarding the Plaintiffs' proposed discovery plan by Robert Speer.Responses due by 3/27/2019 (Nelson, David) (Entered: 03/06/2019)

March 6, 2019 RECAP
78

MOTION For the Court to Set an Answer Date by Robert Speer.Responses due by 4/25/2019 (Nelson, David) (Entered: 04/04/2019)

April 4, 2019 RECAP

Order on Motion for Miscellaneous Relief

April 5, 2019 PACER

Update Answer Deadline

April 5, 2019 PACER
79

ORDER granting 78 Motion to set Answer deadline. Answer deadline set for 4/26/19. Signed by Judge Warren W. Eginton on 4/5/19. (Imbriani, Susan) (Entered: 04/05/2019)

April 5, 2019 PACER

Answer deadline updated for Robert Speer to 4/26/2019. (Imbriani, Susan)

April 5, 2019 PACER
80

ORDER finding as moot 77 Motion for a status conference. The Court concurs with the ruling in Manker v. Spencer, 18cv372 dated April 5, 2019. The Court sets the following schedule: Defendant is directed to produce to counsel for Plaintiffs, on or before June 3, 2019, the full administrative records relevant to the claims of the lead plaintiffs in this action in addition to any relevant policy memoranda, regulations and other documents, to the extent that these documents might provide background information. The Court will consider whether discovery is necessary thereafter. Signed by Judge Warren W. Eginton on 4/5/19. (Imbriani, Susan) (Entered: 04/05/2019)

April 5, 2019 PACER
81

ANSWER to 11 Amended Complaint with Affirmative Defenses. by Robert Speer.(Nelson, David) (Entered: 04/22/2019)

April 22, 2019 RECAP
82

NOTICE by Robert Speer - Filing of the Administrative Record (Attachments: # 1 Volume 3)(Nelson, David) (Entered: 05/31/2019)

1 Volume 3

View on PACER

May 31, 2019 RECAP
83

MOTION to Seal - Portions of the Administrative Record by Robert Speer. (Nelson, David) (Entered: 05/31/2019)

May 31, 2019 PACER
84

Sealed Document: Volume 1 - Part 1 by Robert Speer re 83 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, # 7 Part 8, # 8 Part 9, # 9 Part 10, # 10 Part 11, # 11 Part 12)(Nelson, David) (Entered: 05/31/2019)

May 31, 2019 PACER

State / Territory: Connecticut

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Dec. 9, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All Army, Army Reserve, and Army National Guard veterans of the Iraq and Afghanistan era (between 10/07/2001 to present) who were discharged with a less-than Honorable service characterization, had not received discharge upgrades to Honorable, and had diagnoses of PTSD or PTSD-related conditions.

Plaintiff Type(s):

Private Plaintiff

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 Army, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Any published opinion

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

Amount Defendant Pays: 185000

Issues

General:

Discharge & termination plans

Government Services

Habilitation (training/treatment)

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

Discrimination-basis:

Disability (inc. reasonable accommodations)

Military status discrimination

Disability:

Mental impairment