KENNEDY V. FANNING | Civil Rights Litigation Clearinghouse

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 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:

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);

have not received discharge upgrades to Honorable; and

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.

show full summary

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 attrorneys, 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)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
3:16-cv-02010	Docket [PACER]	Dec. 10, 2020	Dec. 10, 2020 Docket
1 3:16-cv-02010	Complaint	Dec. 8, 2016	Dec. 8, 2016 Complaint
11 3:16-cv-02010	Amended Complaint	April 17, 2017	April 17, 2017 Complaint
29 3:16-cv-02010	Order Denying Motion to Dismiss	Sept. 19, 2017	Sept. 19, 2017 Order/Opinion
75 3:16-cv-02010	Ruling Denying Motion to Dismiss	Dec. 21, 2018	Dec. 21, 2018 Order/Opinion
74 3:16-cv-02010	Memorandum of Decision on Motion	Dec. 21, 2018	Dec. 21, 2018 Order/Opinion
198 3:16-cv-02010	Joint Motion for Preliminary Settlement Approval Kennedy v. McCarthy	Nov. 17, 2020	Nov. 17, 2020 Pleading / Motion / Brief

show / hide documents

Resources

Title	Description		External URL Date / 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	Jan. 1, 2019 https://law.yale.edu/...

show / hide resources

Docket

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

Last updated Feb. 7, 2023, 3 a.m.

ECF Number	Description	Date	Link Date / Link
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 View on RECAP 2 Exhibit View on RECAP	Dec. 8, 2016	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	Dec. 8, 2016 PACER
	Add and Terminate Judges	Dec. 8, 2016	Dec. 8, 2016 PACER
	Judge Warren W. Eginton added. (Walker, A)	Dec. 8, 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	Dec. 9, 2016 PACER
	Request to Issue Summons	Dec. 16, 2016	Dec. 16, 2016 PACER
	Request for Clerk to issue summons as to Eric Fanning. (Wishnie, Michael)	Dec. 16, 2016	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	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	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	Feb. 21, 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	Feb. 22, 2017 PACER
	Update Answer Deadline	Feb. 22, 2017	Feb. 22, 2017 PACER
	Answer deadline updated for Eric Fanning to 3/27/2017. (LaMura, K.)	Feb. 22, 2017	Feb. 22, 2017 PACER
8	SUMMONS Returned Executed by Stephen M. Kennedy. All Defendants. (Wishnie, Michael) (Entered: 03/24/2017)	March 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	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 View on PACER	March 27, 2017	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 View on PACER 2 Exhibit Kennedy 2015 ADRB Decision View on PACER 3 Exhibit Carson 2015 ADRB Decision View on PACER	April 17, 2017	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	April 21, 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	April 24, 2017 PACER
	Update Answer Deadline	April 24, 2017	April 24, 2017 PACER
	Answer deadline updated for Robert Speer to 6/30/2017. (Fazekas, J.)	April 24, 2017	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	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 View on PACER 2 Affidavit View on PACER 3 Affidavit View on PACER	June 27, 2017	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 View on PACER	June 30, 2017	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	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	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	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	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	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	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 View on PACER	Aug. 4, 2017	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	Aug. 11, 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	Aug. 14, 2017 PACER
	Reset Deadline as to 16 MOTION to Dismiss . Responses due by 9/1/2017 (LaMura, K.)	Aug. 14, 2017	Aug. 14, 2017 PACER
	Set Motion and Rcmd Ruling Deadlines/Hearings	Aug. 14, 2017	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	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 View on PACER	Aug. 31, 2017	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	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	Sept. 19, 2017 RECAP
	Set Deadline: Status Report due by 12/19/2017 (LaMura, K.)	Sept. 25, 2017	Sept. 25, 2017 PACER
	Set Deadlines/Hearings	Sept. 25, 2017	Sept. 25, 2017 PACER
	ReSet Deadline: Status Report due by 1/31/2018 (LaMura, K.)	Sept. 25, 2017	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 View on PACER	Oct. 23, 2017	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	Oct. 31, 2017 PACER
32	STATUS REPORT by Alicia J. Carson, Stephen M. Kennedy. (Wishnie, Michael) (Entered: 01/31/2018)	Jan. 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	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	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	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	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	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	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 View on PACER	Feb. 27, 2018	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 View on PACER	Feb. 27, 2018	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	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	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	March 1, 2018 PACER
44	AMENDED SCHEDULING ORDER: Please note new dateTelephonic 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	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	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	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 View on PACER	April 3, 2018	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	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	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 View on PACER	June 4, 2018	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 View on PACER 2 Affidavit of Michael J. Wishnie View on PACER 3 Exhibit A to Wishnie Declaration View on PACER 4 Exhibit B to Wishnie Declaration View on PACER 5 Exhibit C to Wishnie Declaration View on PACER 6 Affidavit of Susan J. Kohlmann View on PACER 7 Affidavit of Stephen M. Kennedy View on PACER	June 4, 2018	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 View on PACER 2 Exhibit 2 View on PACER	July 3, 2018	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	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	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	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 View on PACER	Aug. 2, 2018	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 View on PACER	Aug. 2, 2018	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 View on PACER	Aug. 2, 2018	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 View on PACER	Aug. 2, 2018	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	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	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	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	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	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	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	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	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	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	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	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 View on RECAP	Nov. 16, 2018	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	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	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	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	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 View on RECAP	March 6, 2019	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	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	April 4, 2019 RECAP
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	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	April 5, 2019 PACER
	Order on Motion for Miscellaneous Relief	April 5, 2019	April 5, 2019 PACER
	Update Answer Deadline	April 5, 2019	April 5, 2019 PACER
	Answer deadline updated for Robert Speer to 4/26/2019. (Imbriani, Susan)	April 5, 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	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	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	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	May 31, 2019 PACER

show / hide docket entries

Case Details

State / Territory: Connecticut

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Multi-LexSum (in sample)

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