Case: Farrell v. United States Department of Defense

3:23-cv-04013 | U.S. District Court for the Northern District of California

Filed Date: Aug. 8, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about veteran discharge status following the repeal of the “don’t ask, don’t tell” (DADT) policy. DADT was a military policy repealed in 2010 that permitted members of the LGBTQ+ community to serve in the military as long as they kept their sexual orientation a secret. On August 8, 2023, a group of LGBTQ+ veterans who were discharged because of their sexual orientation filed this putative class action lawsuit in the U.S. District Court for the Northern District of California. Pla…

This is a case about veteran discharge status following the repeal of the “don’t ask, don’t tell” (DADT) policy. DADT was a military policy repealed in 2010 that permitted members of the LGBTQ+ community to serve in the military as long as they kept their sexual orientation a secret.

On August 8, 2023, a group of LGBTQ+ veterans who were discharged because of their sexual orientation filed this putative class action lawsuit in the U.S. District Court for the Northern District of California. Plaintiffs sued officials in the Department of Defense (DOD), the U.S. Army, the U.S. Navy, and the U.S. Air Force under the Fifth and Fourteenth Amendments. Represented by Legal Aid and the Impact Fund, as well as private counsel, Plaintiffs claimed that defendants' failure to update their records after DADT was repealed violated their constitutional rights to equal protection, informational privacy, property, and due process protected by the Fifth and Fourteenth Amendments. Specifically, they argued that the defendants must update discharge papers to clarify that their discharges were honorable, and to remove any references to their sexual orientation. Continuing to carry indicators of their sexual orientation on their discharge paperwork subjected plaintiffs to stigma and discrimination, they alleged, and to rectify this harm, they were required to navigate a burdensome record correction process. Plaintiffs sought a declaratory judgment that the defendants’ failure to update discharge paperwork violated the law, an injunction requiring defendants to review all charges processed pursuant to DADT and update the discharge paperwork, and attorney’s fees. The case was assigned to Magistrate Judge Joseph C. Spero. 

Plaintiffs filed an amended complaint on October 26, 2023, adding more information about the burdensome process for correcting discharge paperwork. They also submitted a motion for class certification on October 31, 2023, seeking to certify two classes: the Sexual Orientation Indicator class (SOI) and the Discharge Upgrade Subclass. The Sexual Orientation Indicator Class included veterans from all U.S. Armed Forces branches with a discharge form indicating sexual orientation as a reason for discharge. The Discharge Upgrade Subclass was composed of members of the Sexual Orientation Indicator Class who did not receive an Honorable discharge.

The defendants filed a motion to dismiss on November 17, 2023. They argued that the plaintiffs’ claims were untimely because of a 6-year statute of limitations, and the latest discharged plaintiff was discharged in 2008. The defendants further alleged that the plaintiffs did not have standing to challenge the Military Correction Boards' procedures because they had not actually filed for corrections of their discharges with those boards, and that the plaintiffs lacked standing for their privacy claims because they had not alleged involuntary disclosure of private information. Finally, defendants argued that all of the plaintiffs’ claims failed under 12(b)(6) because they failed to plausibly allege constitutional claims of equal protection and substantive or procedural due process. In an order issued on the same date, the court decided to wait to resolve plaintiffs' motion for class certification pending a hearing on defendants’ motion to dismiss. 

The plaintiffs filed an opposition to the motion to dismiss on December 8, 2023. They argued that their claims were timely under the continuing violation doctrine or, alternatively, under the doctrine of equitable tolling. They also argued that they had standing because 1) they were "able and ready" to apply for corrections of their discharges and therefore could be imminently subject to the challenged process from the Military Correction Boards, and 2) one of the plaintiffs had already submitted for correction to the board. They also argued that any failure to exhaust administrative remedies should be excused here. As to the privacy claim, the plaintiffs contended that they had sufficiently alleged harm to have standing. Finally, the plaintiffs argued that they had adequately alleged violation of their rights to equal protection, substantive due process and procedural due process

The parties participated in alternative dispute resolution in January 2024, but were unable to resolve the case. 

Judge Spero denied the plaintiffs’ motion to dismiss on June 20, 2024. The court held that the plaintiffs had adequately pled their equal protection, substantive due process, and procedural due process claims. It also held that the plaintiffs had standing to bring the case because they were "able and ready" to engage in the Boards’ process to remediate the discharges, and that they did not need to further exhaust the Boards' procedures. The court also held that the plaintiffs had standing to bring their privacy claim because they alleged sufficient harm. The court further found that the claims were not untimely because the violations were continuing as long as the plaintiffs continued to be unable to access veteran’s benefits or to be required to disclose their sexual orientation in order to access those benefits. 2024 WL 3090854.

The parties engaged in further settlement negotiations through September and October 2024. The parties indicated on October 25, 2024, that they had reached a settlement in principle and were negotiating the details. As of November 2024, the case remains ongoing. 

Summary Authors

Simran Takhar (11/19/2023)

Samantha Houghton (11/14/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67676599/parties/farrell-v-united-states-department-of-defense/


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Documents in the Clearinghouse

Document
1

3:23-cv-04013

Class Action Complaint for Declaratory and Injunctive Relief

Aug. 8, 2023

Aug. 8, 2023

Complaint
43

3:23-cv-04013

First Amended Class Action Complaint for Declaratory and Injunctive Relief

Oct. 26, 2023

Oct. 26, 2023

Complaint
67

3:23-cv-04013

Order Denying Motion to Dismiss Plaintiffs' Amended Complaint and Setting Further Case Management Conference

June 20, 2024

June 20, 2024

Order/Opinion

2024 WL 3090854

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67676599/farrell-v-united-states-department-of-defense/

Last updated Jan. 30, 2025, 9:44 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Lloyd J Austin III, Carlos Del Toro, Frank Kendall, United States Department of Defense, Christine Wormuth ( Filing fee $ 402, receipt number ACANDC-18526531.). Filed byJames Gonzales, Steven Egland, Sherrill Farrell, Julianne Sohn, Stephan Steffanides. (Attachments: # 1 Civil Cover Sheet)(Larkin, Jocelyn) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

RECAP
2

Proposed Summons. (Larkin, Jocelyn) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
3

Proposed Summons. (Larkin, Jocelyn) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
4

Proposed Summons. (Larkin, Jocelyn) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
5

Proposed Summons. (Larkin, Jocelyn) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
6

Proposed Summons. (Larkin, Jocelyn) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
7

Corporate Disclosure Statement by Steven Egland, Sherrill Farrell, James Gonzales, Julianne Sohn, Stephan Steffanides re 4 Proposed Summons, 3 Proposed Summons, 2 Proposed Summons, 6 Proposed Summons, 1 Complaint, 5 Proposed Summons (Larkin, Jocelyn) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
8

Certificate of Interested Entities by Steven Egland, Sherrill Farrell, James Gonzales, Julianne Sohn, Stephan Steffanides re 7 Certificate of Interested Entities, 2 Proposed Summons, 5 Proposed Summons, 3 Proposed Summons, 4 Proposed Summons, 6 Proposed Summons, 1 Complaint, (Larkin, Jocelyn) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
9

NOTICE of Appearance by Jocelyn Dion Larkin (Larkin, Jocelyn) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
10

NOTICE of Appearance by Elizabeth Kristen (Kristen, Elizabeth) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
11

NOTICE of Appearance by Lindsay Polastri Nako (Nako, Lindsay) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
12

NOTICE of Appearance by Fawn Jade Korr (Korr, Fawn) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
13

NOTICE of Appearance by Meredith Dixon (Dixon, Meredith) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
14

NOTICE of Appearance by Lynnette Miner (Miner, Lynnette) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
15

NOTICE of Appearance by Rachel T Yeung (Yeung, Rachel) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
16

NOTICE of Appearance by David Karl Willingham (Willingham, David) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
17

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18526677.) filed by Steven Egland, Sherrill Farrell, James Gonzales, Julianne Sohn, Stephan Steffanides. (Attachments: # 1 Certificate of Good Standing - NY, # 2 Certificate of Good Standing - North Carolina)(Corey, Chelsea) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
18

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18526686.) filed by Steven Egland, Sherrill Farrell, James Gonzales, Julianne Sohn, Stephan Steffanides. (Attachments: # 1 Certificate of Good Standing - Georgia)(Manthe, Radha) (Filed on 8/8/2023) (Entered: 08/08/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
19

Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/22/2023. (bw, COURT STAFF) (Filed on 8/8/2023) (Entered: 08/09/2023)

Aug. 8, 2023

Aug. 8, 2023

PACER
20

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/8/2023. Initial Case Management Conference set for 11/15/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (dhm, COURT STAFF) (Filed on 8/9/2023) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

PACER

~Util - Case Assigned by Intake

Aug. 9, 2023

Aug. 9, 2023

PACER
21

Summons Issued as to Frank Kendall, U.S. Attorney and U.S. Attorney General (dhm, COURT STAFF) (Filed on 8/9/2023) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

PACER
22

Summons Issued as to Christine Wormuth, U.S. Attorney and U.S. Attorney General (dhm, COURT STAFF) (Filed on 8/9/2023) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

PACER
23

Summons Issued as to Lloyd J Austin III, U.S. Attorney and U.S. Attorney General (dhm, COURT STAFF) (Filed on 8/9/2023) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

PACER
24

Summons Issued as to United States Department of Defense, U.S. Attorney and U.S. Attorney General (dhm, COURT STAFF) (Filed on 8/9/2023) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

PACER
25

Summons Issued as to Carlos Del Toro, U.S. Attorney and U.S. Attorney General (dhm, COURT STAFF) (Filed on 8/9/2023) (Entered: 08/09/2023)

Aug. 9, 2023

Aug. 9, 2023

PACER
26

Order of Recusal. Signed by Chief Magistrate Judge Donna M. Ryu on 8/10/2023. (dmrlc2, COURT STAFF) (Filed on 8/10/2023) (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

PACER
27

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Joseph C. Spero for all further proceedings. Chief Magistrate Judge Donna M. Ryu no longer assigned to case. Signed by The Clerk on 8/10/2023. (bar, COURT STAFF) (Filed on 8/10/2023) (Entered: 08/10/2023)

Aug. 10, 2023

Aug. 10, 2023

PACER
28

ORDER SETTING CASE MANAGEMENT CONFERENCE. Signed by Magistrate Judge Joseph C. Spero on 8/11/2023. Initial Case Management Conference set for 11/17/2023 02:00 PM in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jcscrd@cand.uscourts.gov no later than 11/15/2023 by 3:00 PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Case Management Statement due by 11/10/2023. (klh, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
29

Order. Signed 8/11/2023 by Magistrate Judge Joseph C. Spero granting 17 Motion for Pro Hac Vice - Chelsea Corey.(klh, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
30

ORDER. Signed 8/11/2023 by Magistrate Judge Joseph C. Spero granting 18 Motion for Pro Hac Vice for Radha Manthe. (klh, COURT STAFF) (Filed on 8/11/2023) (Entered: 08/11/2023)

Aug. 11, 2023

Aug. 11, 2023

PACER
31

CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 9/11/2023. (klh, COURT STAFF) (Filed on 8/28/2023) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
32

SUMMONS Returned Executed by James Gonzales, Steven Egland, Sherrill Farrell, Julianne Sohn, Stephan Steffanides. United States Department of Defense served on 8/10/2023, answer due 10/10/2023. (Willingham, David) (Filed on 8/28/2023) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
33

SUMMONS Returned Executed by James Gonzales, Steven Egland, Sherrill Farrell, Julianne Sohn, Stephan Steffanides. Frank Kendall served on 8/14/2023, answer due 10/13/2023. (Willingham, David) (Filed on 8/28/2023) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
34

SUMMONS Returned Executed by James Gonzales, Steven Egland, Sherrill Farrell, Julianne Sohn, Stephan Steffanides. Lloyd J Austin III served on 8/16/2023, answer due 10/16/2023. (Willingham, David) (Filed on 8/28/2023) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
35

SUMMONS Returned Executed by James Gonzales, Steven Egland, Sherrill Farrell, Julianne Sohn, Stephan Steffanides. Christine Wormuth served on 8/11/2023, answer due 10/10/2023. (Willingham, David) (Filed on 8/28/2023) (Entered: 08/28/2023)

Aug. 28, 2023

Aug. 28, 2023

PACER
36

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Steven Egland, Sherrill Farrell, James Gonzales, Julianne Sohn, Stephan Steffanides.. (Larkin, Jocelyn) (Filed on 8/29/2023) (Entered: 08/29/2023)

Aug. 29, 2023

Aug. 29, 2023

PACER
37

SUMMONS Returned Executed by James Gonzales, Steven Egland, Sherrill Farrell, Julianne Sohn, Stephan Steffanides. Carlos Del Toro served on 8/16/2023, answer due 10/16/2023. (Willingham, David) (Filed on 9/7/2023) (Entered: 09/07/2023)

Sept. 7, 2023

Sept. 7, 2023

PACER
38

NOTICE of Appearance by Andrew Evan Carmichael (Carmichael, Andrew) (Filed on 9/29/2023) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

PACER
39

CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 10/16/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 10/2/2023) (Entered: 10/02/2023)

Oct. 2, 2023

Oct. 2, 2023

PACER

Clerk's Notice re: Consent or Declination

Oct. 2, 2023

Oct. 2, 2023

PACER
40

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Lloyd J Austin III, Carlos Del Toro, Frank Kendall, United States Department of Defense, Christine Wormuth.. (Carmichael, Andrew) (Filed on 10/13/2023) (Entered: 10/13/2023)

Oct. 13, 2023

Oct. 13, 2023

PACER
41

STIPULATION WITH PROPOSED ORDER re 28 Order,,,,,, Set Deadlines/Hearings,,,,,, Util - Teleconference Zoom,,,,, filed by Lloyd J Austin III, Carlos Del Toro, Frank Kendall, United States Department of Defense, Christine Wormuth. (Carmichael, Andrew) (Filed on 10/25/2023) (Entered: 10/25/2023)

Oct. 25, 2023

Oct. 25, 2023

PACER

Set Deadlines/Hearings AND ~Util - Teleconference Zoom

Oct. 25, 2023

Oct. 25, 2023

PACER
42

Order.Signed 10/25/2023 by Magistrate Judge Joseph C. Spero granting 41 Stipulation to Reschedule Case Management Conference and Related Deadlines.(klh, COURT STAFF) (Filed on 10/25/2023) (Entered: 10/25/2023)

Oct. 25, 2023

Oct. 25, 2023

PACER

See Order 42 Set Deadlines/Hearings: Case Management Statement due by 1/19/2024. Initial Case Management Conference set for 1/26/2024 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (klh, COURT STAFF) (Filed on 10/25/2023) Modified on 10/25/2023 (klh, COURT STAFF).

Oct. 25, 2023

Oct. 25, 2023

PACER
43

AMENDED COMPLAINT FIRST AMENDED CLASS ACTION COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants. Filed by James Gonzales, Steven Egland, Sherrill Farrell, Julianne Sohn, Stephan Steffanides. (Larkin, Jocelyn) (Filed on 10/26/2023) (Entered: 10/26/2023)

Oct. 26, 2023

Oct. 26, 2023

RECAP
44

CLERK'S NOTICE Re: Consent or Declination: The newly added Plaintiff Hayden Powell shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (Party/parties were also notified via telephone or email.) Consent/Declination due by 11/13/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 10/27/2023) (Entered: 10/27/2023)

Oct. 27, 2023

Oct. 27, 2023

PACER

Clerk's Notice re: Consent or Declination

Oct. 27, 2023

Oct. 27, 2023

PACER
45

MOTION to Certify Class "NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL; MEMORANDUM OF POINTS AND AUTHORITIES" filed by Sherrill Farrell, James Gonzales, Hayden Powell, Julianne Sohn, Stephan Steffanides. Motion to Certify Class Hearing set for 3/22/2024 09:30 AM in San Francisco, Courtroom D, 15th Floor before Magistrate Judge Joseph C. Spero. Responses due by 11/14/2023. Replies due by 11/21/2023. (Attachments: # 1 Proposed Order Granting Motion for Class Certification, # 2 Declaration of Sherrill Farrell, # 3 Exhibit A to Farrell Declaration, # 4 Exhibit B to Farrell Declaration, # 5 Exhibit C to Farrell Declaration, # 6 Declaration of James Gonzales, # 7 Exhibit A to Gonzales Declaration, # 8 Exhibit B to Gonzales Declaration, # 9 Declaration of Hayden Powell, # 10 Exhibit A to Powell Declaration, # 11 Declaration of Jules Sohn, # 12 Declaration of Lilly Steffanides, # 13 Exhibit A to Steffanides Declaration, # 14 Declaration of Jocelyn Larkin, # 15 Declaration of Elizabeth Kristen, # 16 Exhibit A to Kristen Declaration, # 17 Exhibit of David Willingham)(Larkin, Jocelyn) (Filed on 10/31/2023) (Entered: 10/31/2023)

Oct. 31, 2023

Oct. 31, 2023

PACER
46

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Hayden Powell.. (Larkin, Jocelyn) (Filed on 11/2/2023) (Entered: 11/02/2023)

Nov. 2, 2023

Nov. 2, 2023

PACER

Electronic Filing Error

Nov. 3, 2023

Nov. 3, 2023

PACER

Electronic filing error. This filing will not be processed by the clerks office.Please re-file in its entirety. Re: 46 Consent/Declination to Proceed Before a US Magistrate Judge filed by Hayden Powell. The Counsel For section is blank. (klh, COURT STAFF) (Filed on 11/3/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
47

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Hayden Powell.. (Larkin, Jocelyn) (Filed on 11/3/2023) (Entered: 11/03/2023)

Nov. 3, 2023

Nov. 3, 2023

PACER
48

STIPULATION WITH PROPOSED ORDER filed by Lloyd J Austin III, Carlos Del Toro, Frank Kendall, United States Department of Defense, Christine Wormuth. (Carmichael, Andrew) (Filed on 11/10/2023) (Entered: 11/10/2023)

Nov. 10, 2023

Nov. 10, 2023

PACER
49

**PLEASE DISREGARD. INCORRECT DOCUMENT ATTACHED. DOCUMENT NOT SIGNED** Order. Signed on 11/14/2023 by Magistrate Judge Joseph C. Spero granting as modified 48 Stipulation to Set Briefing Schedule for Defendants' Motion to Dismiss.Plaintiffs Motion for Class Certification is DENIED without prejudice to re-filing after a ruling on the Motion to Dismiss.See Modifications in Bold(klh, COURT STAFF) (Filed on 11/14/2023) Modified on 11/17/2023 (klh, COURT STAFF). (Entered: 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER

Set/Reset Hearings

Nov. 14, 2023

Nov. 14, 2023

PACER

Set Deadlines/Hearings AND ~Util - Teleconference Zoom

Nov. 14, 2023

Nov. 14, 2023

PACER

See Order 49 Set Deadlines/Hearings: Case Management Statement due by 1/12/2024. Motion to Dismiss due by 11/17/2023. Responses/Opposition due by 12/8/2023. Replies due by 12/22/2023. Initial Case Management Conference and Motion to Dismiss Hearing set for 1/19/2024 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jcscrd@cand.uscourts.gov no later than 1/17/2024 by 3:00 PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (klh, COURT STAFF) (Filed on 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER

Set/Reset Hearing Initial Case Management Conference set for 1/19/2024 09:30 AM in San Francisco, - Videoconference Only. Corrected to fix the year. (klh, COURT STAFF) (Filed on 11/14/2023)

Nov. 14, 2023

Nov. 14, 2023

PACER
50

MOTION to Dismiss filed by Lloyd J Austin III, Carlos Del Toro, Frank Kendall, United States Department of Defense, Christine Wormuth. Motion to Dismiss Hearing set for 1/19/2024 09:30 AM. Responses due by 12/8/2023. Replies due by 12/22/2023. (Attachments: # 1 Exhibit 1, # 2 Proposed Order)(Carmichael, Andrew) (Filed on 11/17/2023) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER

Electronic Filing Error

Nov. 17, 2023

Nov. 17, 2023

PACER
51

ORDER. Signed on 11/14/2023 by Magistrate Judge Joseph C. Spero granting as modified 48 STIPULATION to Set Briefing Schedule for Defendants' Motion to Dismiss.Plaintiffs Motion for Class Certification is DENIED without prejudice to re-filing after a ruling on the Motion to Dismiss.See Modifications in Bold. (klh, COURT STAFF) (Filed on 11/17/2023) (Entered: 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

RECAP

Electronic filing error. Incorrect PDF attached. [err201]Corrected by Clerk's Office. No further action is necessary. Re: 49 Order on Stipulation. See Order 51 . (klh, COURT STAFF) (Filed on 11/17/2023)

Nov. 17, 2023

Nov. 17, 2023

PACER
52

OPPOSITION/RESPONSE (re 50 MOTION to Dismiss ) filed bySherrill Farrell, James Gonzales, Hayden Powell, Julianne Sohn, Stephan Steffanides. (Larkin, Jocelyn) (Filed on 12/8/2023) (Entered: 12/08/2023)

Dec. 8, 2023

Dec. 8, 2023

PACER
53

REPLY (re 50 MOTION to Dismiss ) filed byLloyd J Austin III, Carlos Del Toro, Frank Kendall, United States Department of Defense, Christine Wormuth. (Attachments: # 1 Exhibit 1)(Carmichael, Andrew) (Filed on 12/21/2023) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

PACER
54

Certificate of Interested Entities by Hayden Powell (Larkin, Jocelyn) (Filed on 1/4/2024) (Entered: 01/04/2024)

Jan. 4, 2024

Jan. 4, 2024

PACER
55

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Plaintiff Sherrill Farrell (Larkin, Jocelyn) (Filed on 1/10/2024) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

PACER
56

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Plaintiff James Gonzales (Larkin, Jocelyn) (Filed on 1/10/2024) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

PACER
57

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Plaintiff Hayden Powell (Larkin, Jocelyn) (Filed on 1/10/2024) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

PACER
58

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Plaintiff Jules Sohn (Larkin, Jocelyn) (Filed on 1/10/2024) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

PACER
59

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options for Plaintiff Lilly Steffanides (Larkin, Jocelyn) (Filed on 1/10/2024) (Entered: 01/10/2024)

Jan. 10, 2024

Jan. 10, 2024

PACER
60

JOINT CASE MANAGEMENT STATEMENT filed by Sherrill Farrell. (Larkin, Jocelyn) (Filed on 1/12/2024) (Entered: 01/12/2024)

Jan. 12, 2024

Jan. 12, 2024

PACER
61

CLERKS NOTICE CONTINUING HEARING AND ZOOM NOTICE. Initial Case Management Conference and Motion Hearing as to 50 MOTION to Dismiss set for 1/19/2024 is continued to 2/2/2024 09:30 AM in San Francisco, - Videoconference Only before Magistrate Judge Joseph C. Spero. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 1/18/2024) (Entered: 01/18/2024)

Jan. 18, 2024

Jan. 18, 2024

PACER

Clerk's Notice Setting Zoom Hearing AND ~Util - Set Motion and Deadlines/Hearings

Jan. 18, 2024

Jan. 18, 2024

PACER
62

Minute Entry for ZOOM proceedings held before Magistrate Judge Joseph C. Spero: Motion Hearing held on 2/2/2024 re 50 MOTION to Dismiss filed by Frank Kendall, United States Department of Defense, Carlos Del Toro, Lloyd J Austin III, Christine Wormuth and Initial Case Management Conference held on 2/2/2024. Motion submitted. Total Time in Court: 1 H 25 M. Court Reporter: Marla Knox. Attorney for Plaintiff: Elizabeth Kristen, Chelsea Corey.Attorney for Defendant: Andrew Carmichael.(klh, COURT STAFF) (Date Filed: 2/2/2024) (Entered: 02/02/2024)

Feb. 2, 2024

Feb. 2, 2024

PACER
63

TRANSCRIPT ORDER for proceedings held on February 2, 2024 before Magistrate Judge Joseph C. Spero by Steven Egland, Sherrill Farrell, James Gonzales, Hayden Powell, Julianne Sohn, Stephan Steffanides, for Court Reporter Marla Knox. (Corey, Chelsea) (Filed on 2/8/2024) (Entered: 02/08/2024)

Feb. 8, 2024

Feb. 8, 2024

PACER
64

TRANSCRIPT ORDER for proceedings held on 2/2/24 before Magistrate Judge Joseph C. Spero for Court Reporter Marla Knox (Iskander) (mfk, COURT STAFF) (Filed on 3/13/2024) (Entered: 03/13/2024)

March 13, 2024

March 13, 2024

PACER
65

Transcript of Videoconference Proceedings held on February 2, 2024, before Judge Joseph C. Spero. Court Reporter, Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990/email marla_knox@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 63 Transcript Order, ) Release of Transcript Restriction set for 6/13/2024. (Related documents(s) 63 ) (mfk, COURT STAFF) (Filed on 3/15/2024) (Entered: 03/15/2024)

March 15, 2024

March 15, 2024

PACER
66

NOTICE of Appearance by Lori Rifkin (Rifkin, Lori) (Filed on 3/18/2024) (Entered: 03/18/2024)

March 18, 2024

March 18, 2024

PACER
67

ORDER by Judge Joseph C. Spero denying 50 Motion to Dismiss. A Further Case Management Conference will be held on July 17, 2024 at 2:00 p.m. via Zoom, id. 161 926 0804, password 050855. The parties joint case management statement shall be filed by July 10, 2024. (jcslc1, COURT STAFF) (Filed on 6/20/2024) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

RECAP

Set Deadlines/Hearings AND ~Util - Teleconference Zoom

June 20, 2024

June 20, 2024

PACER

See Order 67 Set Deadlines/Hearings: Case Management Statement due by 7/10/2024. Further Case Management Conference set for 7/17/2024* 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jcscrd@cand.uscourts.gov no later than 7/15/2024 by 3:00 PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. *Effective July 1, 2024, Judge Spero's law and motion calendar will be held on Wednesdays. (klh, COURT STAFF) (Filed on 6/20/2024)

June 20, 2024

June 20, 2024

PACER
68

STIPULATION WITH PROPOSED ORDER re Set Deadlines/Hearings,,,,,, Util - Teleconference Zoom,,,,, filed by Lloyd J Austin III, Carlos Del Toro, Frank Kendall, United States Department of Defense, Christine Wormuth. (Attachments: # 1 Declaration)(Carmichael, Andrew) (Filed on 6/28/2024) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER

Set Deadlines/Hearings AND ~Util - Teleconference Zoom

June 28, 2024

June 28, 2024

PACER
69

Order. Signed 6/28/2024 by Magistrate Judge Joseph C. Spero granting 68 Stipulation to Extend Time within which to Answer Complaint, Request to Continue Case Management Conference.(klh, COURT STAFF) (Filed on 6/28/2024) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER

See Order 69 Set Deadlines/Hearings: Case Management Statement due by 7/24/2024. Further Case Management Conference set for 7/31/2024 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A joint list of names and emails must be sent to the CRD at jcscrd@cand.uscourts.gov no later than 7/29/2024 by 3:00 PM. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (klh, COURT STAFF) (Filed on 6/28/2024)

June 28, 2024

June 28, 2024

PACER
70

ANSWER to Amended Complaint by Lloyd J Austin III, Carlos Del Toro, Frank Kendall, United States Department of Defense, Christine Wormuth. (Carmichael, Andrew) (Filed on 7/19/2024) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

PACER
71

STIPULATION WITH PROPOSED ORDER re Set Deadlines/Hearings,,,,,, Util - Teleconference Zoom,,,,, filed by Lloyd J Austin III, Carlos Del Toro, Frank Kendall, United States Department of Defense, Christine Wormuth. (Attachments: # 1 Declaration)(Carmichael, Andrew) (Filed on 7/22/2024) (Entered: 07/22/2024)

July 22, 2024

July 22, 2024

PACER
72

Order.. Signed 7/23/2024 by Magistrate Judge Joseph C. Spero granting 71 Stipulation to Continue Case Mgmt Conference.(klh, COURT STAFF) (Filed on 7/23/2024) (Entered: 07/23/2024)

July 23, 2024

July 23, 2024

RECAP

Set Deadlines/Hearings AND ~Util - Teleconference Zoom

July 23, 2024

July 23, 2024

PACER

See Order 72 Set Deadlines/Hearings: Case Management Statement due by 10/9/2024. Status Report due by 9/25/2024. Further Case Management Conference re-set for 10/16/2024 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A joint list of names and emails must be sent to the CRD at jcscrd@cand.uscourts.gov no later than 10/14/2024 by 3:00 PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (klh, COURT STAFF) (Filed on 7/23/2024)

July 23, 2024

July 23, 2024

PACER
73

NOTICE of Appearance filed by Liam Christopher Holland on behalf of Lloyd J Austin III, Carlos Del Toro, Frank Kendall, United States Department of Defense, Christine Wormuth (Holland, Liam) (Filed on 9/18/2024) (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Sept. 18, 2024

Sept. 18, 2024

PACER
74

Joint Status Report and Request to Continue Case Management Conference and [Proposed] Order filed by Lloyd J Austin III, Carlos Del Toro, Frank Kendall, United States Department of Defense, Christine Wormuth. (Attachments: # 1 Declaration)(Holland, Liam) (Filed on 9/25/2024) Modified text on 9/26/2024 (dhm, COURT STAFF). (Entered: 09/25/2024)

Sept. 25, 2024

Sept. 25, 2024

PACER
75

Order. Signed 9/26/2024 by Magistrate Judge Joseph C. Spero granting 74 Stipulation to Continue Case Management Conference.(klh, COURT STAFF) (Filed on 9/26/2024) (Entered: 09/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER

Set Deadlines/Hearings AND ~Util - Teleconference Zoom

Sept. 26, 2024

Sept. 26, 2024

PACER

See Order 75 Set Deadlines/Hearings: Case Management Statement due by 11/13/2024. Status Report due by 10/25/2024. Further Case Management Conference set for 11/20/2024 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (klh, COURT STAFF) (Filed on 9/26/2024)

Sept. 26, 2024

Sept. 26, 2024

PACER
76

STATUS REPORT Joint Status Report and Request to Vacate Case Management Conference and Stipulated [Proposed] Order by Lloyd J Austin III, Carlos Del Toro, Frank Kendall, United States Department of Defense, Christine Wormuth. (Attachments: # 1 Declaration)(Holland, Liam) (Filed on 10/25/2024) (Entered: 10/25/2024)

1 Declaration

View on PACER

Oct. 25, 2024

Oct. 25, 2024

PACER
77

ORDER. Signed as modified on 10/29/2024 by Magistrate Judge Joseph C. Spero GRANTING re 76 Status Report and Request to Vacate Case Management Conference filed by Frank Kendall, United States Department of Defense, Carlos Del Toro, Lloyd J Austin III, Christine Wormuth. Status Report due by 12/13/2024.Case Management Statement due by 1/15/2025. Further Case Management Conference re-set for 1/22/2025 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A joint list of names and emails must be sent to the CRD at jcscrd@cand.uscourts.gov no later than 1/17/2025 by 4:00 PM.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/.(klh, COURT STAFF) (Filed on 10/29/2024) (Entered: 10/29/2024)

Oct. 29, 2024

Oct. 29, 2024

PACER

Case Details

State / Territory: California

Case Type(s):

Equal Employment

Key Dates

Filing Date: Aug. 8, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of LGBTQ veterans who were discharged because of their sexual orientation.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Impact Fund

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

United States Department of Defense, Federal

United States Army, Federal

United States Navy, Federal

United States Air Force, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Government services

Record-keeping

Records Disclosure

Discrimination Basis:

Sexual orientation