Case: National Organization for Women-New York City v. United States Department of Defense

COMPLAINT against United States Department of Defense, United States Department of Veterans Affairs. (Filing Fee $ 402.00, Receipt Number ANYSDC-28088322)Document filed by National Organization for Women-New York City. (Attachments: # 1 Exhibit Ex. A 2012 DoD Policy Memo, # 2 Exhibit Ex. B VHA Directive 1332, # 3 Exhibit Ex. C VHA Directive 1334, # 4 Exhibit Ex. D VA Approps Statute).(Wishnie, Michael) (Entered: 08/02/2023)

1 Exhibit Ex. A 2012 DoD Policy Memo

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2 Exhibit Ex. B VHA Directive 1332

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3 Exhibit Ex. C VHA Directive 1334

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4 Exhibit Ex. D VA Approps Statute

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CIVIL COVER SHEET filed..(Wishnie, Michael) (Entered: 08/02/2023)

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, re: 1 Complaint,. Document filed by National Organization for Women-New York City..(Wishnie, Michael) (Entered: 08/02/2023)

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Veterans Affairs, re: 1 Complaint,. Document filed by National Organization for Women-New York City..(Wishnie, Michael) (Entered: 08/02/2023)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Organization for Women-New York City..(Wishnie, Michael) (Entered: 08/02/2023)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

Case Designated ECF. (vf)

ELECTRONIC SUMMONS ISSUED as to United States Department of Defense. (vf) (Entered: 08/03/2023)

ELECTRONIC SUMMONS ISSUED as to United States Department of Veterans Affairs. (vf) (Entered: 08/03/2023)

NOTICE OF APPEARANCE by Priscilla Joyce Smith on behalf of National Organization for Women-New York City..(Smith, Priscilla) (Entered: 08/03/2023)

Notice of Case Assignment/Reassignment

NOTICE OF CASE REASSIGNMENT to Judge Valerie E. Caproni. Judge Gregory H. Woods is no longer assigned to the case. (sgz)

NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/20/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 8/4/2023) (tg) (Entered: 08/04/2023)

CERTIFICATE OF SERVICE. All Defendants. Service was made by Mail. Document filed by National Organization for Women-New York City..(Wishnie, Michael) (Entered: 08/07/2023)

MOTION for Natalia Friedlander to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28310111. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Organization for Women-New York City. (Attachments: # 1 Affidavit Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Friedlander, Natalia) (Entered: 09/19/2023)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Natalia Friedlander to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28310111. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)

ORDER FOR ADMISSION PRO HAC VICE granting 11 Motion to Appear Pro Hac Vice. The motion of Natalia Friedlander for admission to practice Pro Hac Vice in the above captioned action is granted. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 9/20/2023) (tg) (Entered: 09/20/2023)

NOTICE OF APPEARANCE by Natalia Friedlander on behalf of National Organization for Women-New York City..(Friedlander, Natalia) (Entered: 09/25/2023)

MOTION for Leave to Appear as Law Students . Document filed by National Organization for Women-New York City. (Attachments: # 1 Appendix Bendana Law Student Appearance Form, # 2 Appendix Coskrey Law Student Appearance Form, # 3 Appendix Fessler Law Student Appearance Form, # 4 Appendix Geismar Law Student Appearance Form, # 5 Appendix McCleary Law Student Appearance Form, # 6 Appendix Mihail Law Student Appearance Form, # 7 Appendix Pare Law Student Appearance Form, # 8 Appendix Sullivan Law Student Appearance Form, # 9 Appendix Thompson Law Student Appearance Form).(Wishnie, Michael) (Entered: 09/28/2023)

NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 09/28/2023)

LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Valerie E. Caproni from AUSA Tomoko Onozawa dated September 29, 2023., LETTER MOTION for Extension of Time to File Pre-Initial Conference Letter addressed to Judge Valerie E. Caproni from AUSA Tomoko Onozawa dated September 29, 2023., LETTER MOTION to Adjourn Conference scheduled for October 20, 2023, at 10:00 a.m. addressed to Judge Valerie E. Caproni from AUSA Tomoko Onozawa dated September 29, 2023. Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 09/29/2023)

ORDER granting 16 Letter Motion for Extension of Time to Answer re 16 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Valerie E. Caproni from AUSA Tomoko Onozawa dated September 29, 2023. LETTER MOTION for Extension of Time to File Pre-Initial Conference Letter addressed to Judge Valerie E. Caproni from AUSA Tomoko Onozawa dated September 29, 2023. LETTER MOTION to Adjourn Conference scheduled for October 20, 2023, at 10:00 a.m. addressed to Judge Valerie E. Caproni from AUSA Tomoko Onozawa dated September 29, 2023., 1 Complaint,. ; granting 16 Letter Motion for Extension of Time to File ; granting 16 Letter Motion to Adjourn Conference. Application GRANTED. The Government's deadline to answer the complaint is extended from Tuesday, October 10, 2023, to Monday, January 8, 2024. The parties' deadline to submit a joint pre-conference letter and accompanying proposed case management plan is extended from Thursday, October 12, 2023, to Thursday, January 11, 2024. The Initial Pretrial Conference is adjourned from Friday, October 20, 2023, at 10:00 A.M. to Friday, January 19, 2024 at 10:00 A.M. SO ORDERED. United States Department of Defense answer due 1/8/2024; United States Department of Veterans Affairs answer due 1/8/2024. ( Initial Conference set for 1/19/2024 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 9/29/2023) (tg) (Entered: 09/29/2023)

MEMO ENDORSEMENT granting 14 Motion for Leave to Appear Law Student Intern Appearance of Donovan C. Bendana. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Valerie E. Caproni on 9/29/2023) (tro) Modified on 9/29/2023 (tro). (Entered: 09/29/2023)

MEMO ENDORSEMENT on re: 14 MOTION for Leave to Appear as Law Students for Leah M. Fessler . filed by National Organization for Women-New York City ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Valerie E. Caproni on 9/29/2023) (tro) (Entered: 09/29/2023)

MEMO ENDORSEMENT on re: 14 MOTION for Leave to Appear as Law Students Natalie E. Geismar. filed by National Organization for Women-New York City. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Valerie E. Caproni on 9/29/2023) (tro) (Entered: 09/29/2023)

MEMO ENDORSEMENT on re: 14 MOTION for Leave to Appear as Law Student for Rosemary M. Coskrey. filed by National Organization for Women-New York City. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Valerie E. Caproni on 9/29/2023) (tg) (Entered: 09/29/2023)

MEMO ENDORSEMENT on re: 14 MOTION for Leave to Appear as Law Students K.N. McCleary. filed by National Organization for Women-New York City ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Valerie E. Caproni on 9/29/2023) (tro) Modified on 10/5/2023 (tg). (Entered: 09/29/2023)

MEMO ENDORSEMENT on re: 14 MOTION for Leave to Appear as Law Students Trudel S. Pare. filed by National Organization for Women-New York City. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Valerie E. Caproni on 9/29/2023) (tro) (Entered: 09/29/2023)

MEMO ENDORSEMENT on re: 14 MOTION for Leave to Appear as Law Students for Grace E. Sullivan. filed by National Organization for Women-New York City. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Valerie E. Caproni on 9/29/2023) (tro) (Entered: 09/29/2023)

MEMO ENDORSEMENT on re: 14 MOTION for Leave to Appear as Law Students for Briana Thompson. filed by National Organization for Women-New York City. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Valerie E. Caproni on 9/29/2023) (tro) (Entered: 09/29/2023)

MEMO ENDORSEMENT on re: 14 MOTION for Leave to Appear as Law Student for Renee M. Mihail . filed by National Organization for Women-New York City. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Valerie E. Caproni on 9/29/2023) (tg) (Entered: 09/29/2023)

MOTION to Correct Docket Entries 18 and 22 (Letter). Document filed by National Organization for Women-New York City..(Wishnie, Michael) (Entered: 10/05/2023)

LETTER MOTION to Stay case for 90 days or, alternatively, to extend deadline to respond to complaint by 30 days addressed to Judge Valerie E. Caproni from AUSA Tomoko Onozawa dated December 26, 2023. Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 12/26/2023)

ORDER with respect to 28 Letter Motion to Stay re: 28 LETTER MOTION to Stay case for 90 days or, alternatively, to extend deadline to respond to complaint by 30 days addressed to Judge Valerie E. Caproni from AUSA Tomoko Onozawa dated December 26, 2023. By not later than Friday, January 5, 2024, Plaintiff must file a response letter explaining why it opposes a 90-day stay and why such a stay and adjournment of upcoming deadlines is not an efficient way to proceed. The deadline for Defendants to answer or otherwise respond to the Complaint is extended until at least Tuesday, January 16, 2024, and may be extended further following the Court's receipt of Plaintiff's response letter. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/28/2023) (tg) (Entered: 12/28/2023)

Set/Reset Deadlines: United States Department of Defense answer due 1/16/2024; United States Department of Veterans Affairs answer due 1/16/2024. Responses due by 1/5/2024 (tg)

LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Michael J. Wishnie dated December 28, 2023 re: 28 LETTER MOTION to Stay case for 90 days or, alternatively, to extend deadline to respond to complaint by 30 days addressed to Judge Valerie E. Caproni from AUSA Tomoko Onozawa dated December 26, 2023. . Document filed by National Organization for Women-New York City..(Wishnie, Michael) (Entered: 12/28/2023)

MEMO ENDORSEMENT on re: 30 Response in Opposition to Motion, filed by National Organization for Women-New York City. ENDORSEMENT: Defendants' motion to stay is GRANTED IN PART and DENIED IN PART. The matter is STAYED for 90 days with respect to the claims challenging both the DoD and VA's Marriage Requirement and Member Gamete Requirement of their IVF health insurance coverage to give them time to finalize policy changes that will likely moot those claims. The deadline for Defendants to answer the Complaint with respect to the stayed claims is extended from Tuesday, January 16, 2024, to Monday, April 15, 2024. The Court is highly unlikely to grant further stays or extensions of time absent extraordinarily good cause. Defendants' motion to stay is DENIED as to the claims challenging the DoD and VA's Service- Connection Requirement, as they have provided no indication that expected policy changes will moot these claims. Defendants' deadline to answer the Complaint with respect to the claims challenging the DoD and VA's Service-Connection Requirement is extended from Tuesday, January 16, 2024, to Friday, January 26, 2024. The parties' deadline to file a joint letter and proposed case management plan is extended from Thursday, January 11, 2024, to Thursday, January 25, 2024. The Initial Pretrial Conference scheduled for Friday, January 19, 2024, at 10:00 A.M. is adjourned to Friday, February 2, 2024 at 10:00 A.M. The Clerk of Court is respectfully directed to terminate the open motion at Dkt. 28. SO ORDERED. United States Department of Defense answer due 4/15/2024; United States Department of Veterans Affairs answer due 4/15/2024.( Initial Conference set for 2/2/2024 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/2/2024) (tg) (Entered: 01/02/2024)

NOTICE OF APPEARANCE by Laura Bakst on behalf of United States Department of Defense, United States Department of Veterans Affairs..(Bakst, Laura) (Entered: 01/25/2024)

JOINT LETTER addressed to Judge Valerie E. Caproni from Michael J. Wishnie dated 1/25/2024 re: Initial Pretrial Conference. Document filed by National Organization for Women-New York City. (Attachments: # 1 Exhibit Civil Case Management Plan/Scheduling Order).(Wishnie, Michael) (Entered: 01/25/2024)

1 Exhibit Civil Case Management Plan/Scheduling Order

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NOTICE OF APPEARANCE by Kuntal Cholera on behalf of United States Department of Defense, United States Department of Veterans Affairs..(Cholera, Kuntal) (Entered: 01/26/2024)

MOTION to Dismiss Complaint. Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 01/26/2024)

MEMORANDUM OF LAW in Support re: 35 MOTION to Dismiss Complaint. . Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 01/26/2024)

MEMO ENDORSEMENT on re: 33 Letter, filed by National Organization for Women-New York City ENDORSEMENT The Initial Pretrial Conference scheduled for Friday, February 2, 2024, at 10:00 A.M. will proceed as scheduled. The Conference will take place in person in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The parties must be prepared to discuss whether, in light of the forthcoming motions, discovery should be stayed pending resolution of those motions. Following the Conference, the Court will either enter a case management plan or stay discovery. SO ORDERED. (Signed by Judge Valerie E. Caproni on 1/26/2024) (jca) (Entered: 01/26/2024)

LETTER MOTION to Stay Discovery addressed to Judge Valerie E. Caproni from Tomoko Onozawa dated January 30, 2024. Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 01/30/2024)

ORDER: IT IS HEREBY ORDERED that Plaintiff must file its amended complaint not later than Friday, February 9, 2024. Per the Undersigned's Individual Practices 4(E)(i), Plaintiff must attach as an exhibit to its amended complaint a redline showing the revisions made to the prior version of the pleading. IT IS FURTHER ORDERED that Defendants' deadline to answer or otherwise respond to the amended complaint is Friday, March 8, 2024. If Defendants move to dismiss the amended complaint, Plaintiff's deadline to respond is Friday, April 5, 2024, and Defendants' deadline to reply is Friday, April 19, 2024. SO ORDERED. ( Amended Pleadings due by 2/9/2024., Replies due by 4/19/2024., Responses due by 4/5/2024) (Signed by Judge Valerie E. Caproni on 2/2/2024) (tg) (Entered: 02/02/2024)

Pretrial Conference - Initial

Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 2/2/2024. Attorneys Renee Mihail, Michael Wishnie, Priscilla Smith, Grace Sullivan, Natalie Friedlander and K.N. McCleary present for the plaintiff. AUSA Tomoko Onozawa and Attorney Laura Bakst present for the defendants. Court Reporter Doug Colavito present. (anc)

AMENDED COMPLAINT amending 1 Complaint, against United States Department of Defense, United States Department of Veterans Affairs.Document filed by National Organization for Women-New York City. Related document: 1 Complaint,. (Attachments: # 1 Exhibit Amended Complaint Redline, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E).(Wishnie, Michael) (Entered: 02/09/2024)

MOTION for Leave to Appear Law Student Mira Ortegon. Document filed by National Organization for Women-New York City. (Attachments: # 1 Supplement Motion to Waive Two-Semester Requirement).(Wishnie, Michael) (Entered: 02/20/2024)

MEMO ENDORSEMENT granting 41 Motion for Leave to Appear. ENDORSEMENT Application GRANTED. In light of the cited Second Circuit authority waiving the semester requirement, law student Mira Ortegon may appear in this case as a second-semester student. The Court will enter the signed appearance form by separate order. SO ORDERED. (Signed by Judge Valerie E. Caproni on 2/20/2024) (jca) (Entered: 02/20/2024)

LAW STUDENT INTERN APPEARANCE FORM: Law Student Certification I certify that: (a) I am duly enrolled in Yale law school in accordance with part (c)(1) of the Student Practice Rule of the Southern District of New York. (b) I am receiving no compensation from the client in accordance with part (c)(6) of the Student Practice Rule of the Southern District of New York. (c) I am familiar and will comply with the Code of Professional Responsibility of the American Bar Association. (d) I am familiar with the federal procedural and evidentiary rules relevant to the action in which I am appearing. As further set forth by this Order. Consent of Judge I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Valerie E. Caproni on 2/20/2024) (tg) (Entered: 02/21/2024)

LETTER MOTION to Stay certain claims until April 15, 2024 addressed to Judge Valerie E. Caproni from Laura Bakst dated March 1, 2024. Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Bakst, Laura) (Entered: 03/01/2024)

LETTER RESPONSE in Opposition to Motion addressed to Judge Valerie E. Caproni from Michael J. Wishnie dated March 4, 2024 re: 44 LETTER MOTION to Stay certain claims until April 15, 2024 addressed to Judge Valerie E. Caproni from Laura Bakst dated March 1, 2024. . Document filed by National Organization for Women-New York City..(Wishnie, Michael) (Entered: 03/04/2024)

LETTER MOTION for Leave to File Excess Pages for Motion to Dismiss Amended Complaint addressed to Judge Valerie E. Caproni from Tomoko Onozawa dated March 4, 2024. Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 03/04/2024)

ORDER denying as moot 35 Motion to Dismiss; denying as moot 38 Letter Motion to Stay re: 35 MOTION to Dismiss Complaint., 38 LETTER MOTION to Stay Discovery addressed to Judge Valerie E. Caproni from Tomoko Onozawa dated January 30, 2024., 44 LETTER MOTION to Stay certain claims until April 15, 2024 addressed to Judge Valerie E. Caproni from Laura Bakst dated March 1, 2024. ; denying as moot 44 Letter Motion to Stay re: 35 MOTION to Dismiss Complaint., 38 LETTER MOTION to Stay Discovery addressed to Judge Valerie E. Caproni from Tomoko Onozawa dated January 30, 2024., 44 LETTER MOTION to Stay certain claims until April 15, 2024 addressed to Judge Valerie E. Caproni from Laura Bakst dated March 1, 2024. Upon consideration of Defendants' letter motion at Dkt. 44 and Plaintiff's response, it is ordered that Defendants' deadline to answer or otherwise respond to the Amended Complaint is extended from Friday, March 8, 2024, to Friday, March 15, 2024. The parties must meet and confer and inform the Court, via joint letter filed on ECF by 9:00 A.M. on Wednesday, March 13, 2024, whether the parties consent to expanding the scope of the stay or whether Defendants will respond to all currently unstayed claims. If Defendants move to dismiss the Amended Complaint, Plaintiff's deadline to respond is extended from Friday, April 5, 2024, to Friday, April 12, 2024, and Defendants' deadline to reply is extended from Friday, April 19, 2024, to Friday, April 26, 2024. It is further ordered that Defendants' previous motion to dismiss, Dkt. 35, and motion to stay discovery, Dkt. 38, are denied as moot given Plaintiff's Amended Complaint. The Clerk of Court is respectfully directed to terminate the open motions at Dkts. 35, 38, and 44. SO ORDERED.. (Signed by Judge Valerie E. Caproni on 3/4/2024) (ks) (Entered: 03/04/2024)

Set/Reset Deadlines: United States Department of Defense answer due 3/15/2024; United States Department of Veterans Affairs answer due 3/15/2024. Responses due by 4/12/2024 Replies due by 4/26/2024. (ks)

ORDER granting 46 Letter Motion for Leave to File Excess Pages. Application GRANTED. In support of their anticipated motion to dismiss, Defendants may file a memorandum not to exceed 30 pages. Plaintiff's response in opposition may also contain up to 30 pages. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/4/2024) (tg) (Entered: 03/05/2024)

LETTER addressed to Judge Valerie E. Caproni from AUSA Tomoko Onozawa dated March 13, 2024 re: Joint Letter in Response to March 4, 2024 Order. Document filed by United States Department of Defense, United States Department of Veterans Affairs. (Attachments: # 1 Exhibit A (DoD Amended Policy Governing IVF Benefits)).(Onozawa, Tomoko) (Entered: 03/13/2024)

1 Exhibit A (DoD Amended Policy Governing IVF Benefits)

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MEMO ENDORSEMENT on re: 49 Letter, filed by United States Department of Defense, United States Department of Veterans Affairs. ENDORSEMENT: Application GRANTED. Defendants' deadline to answer the claims related to the coital requirement is STAYED until April 15, 2024. Further, discovery on all claims is STAYED pending the Court's resolution of Defendants' forthcoming motion to dismiss. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/13/2024) (tg) (Entered: 03/13/2024)

MOTION to Dismiss Amended Complaint (ECF No. 40). Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 03/15/2024)

MEMORANDUM OF LAW in Support re: 51 MOTION to Dismiss Amended Complaint (ECF No. 40). . Document filed by United States Department of Defense, United States Department of Veterans Affairs. (Attachments: # 1 Exhibit 1 (Amended 2012 DoD Memo)).(Onozawa, Tomoko) (Entered: 03/15/2024)

1 Exhibit 1 (Amended 2012 DoD Memo)

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LETTER MOTION for Extension of Time to File Reply Brief in Further Support of Defendants' Motion to Dismiss Amended Complaint addressed to Judge Valerie E. Caproni from Tomoko Onozawa dated March 25, 2024. Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 03/25/2024)

ORDER granting 53 Letter Motion for Extension of Time to File. Application GRANTED. Plaintiff's deadline to file a response in opposition to the Motion to Dismiss is extended from Friday, April 12, 2024, to Friday, April 19, 2024. Defendants' deadline to file a reply in further support of their Motion is extended from Friday, April 26, 2024, to Monday, May 13, 2024. The Court will hold oral argument on the motion on Thursday, May 30, 2024, at 2:30 P.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. (Signed by Judge Valerie E. Caproni on 3/25/2024) (rro) (Entered: 03/26/2024)

Set/Reset Deadlines: ( Responses due by 4/19/2024, Replies due by 5/13/2024.), Set/Reset Hearings:( Oral Argument set for 5/30/2024 at 02:30 PM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (rro)

LETTER MOTION for Extension of Time to File Answer to Plaintiff's Claims Relating to Defendants' Marriage Requirement, Member Gamete Requirement, and Coital Requirement addressed to Judge Valerie E. Caproni from Tomoko Onozawa dated April 9, 2024. Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 04/09/2024)

ORDER granting 55 Letter Motion for Extension of Time to Answer to Plaintiff's Claims Relating to Defendants' Marriage Requirement, Member Gamete Requirement, and Coital Requirement addressed to Judge Valerie E. Caproni from Tomoko Onozawa dated April 9, 2024. Application GRANTED. Upon consent of the Plaintiff and to allow time for Plaintiff to determine whether voluntary dismissal is appropriate, Defendants' deadline to answer or otherwise respond to the Stayed Claims is extended until 14 days after the Court resolves the Defendants' pending motion to dismiss the remaining unstayed claims. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/9/2024) (vfr) (Entered: 04/09/2024)

MEMORANDUM OF LAW in Opposition re: 51 MOTION to Dismiss Amended Complaint (ECF No. 40). . Document filed by National Organization for Women-New York City. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Friedlander, Natalia) (Entered: 04/19/2024)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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MOTION for Eliza A. Hopkins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29254181. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Paralyzed Veterans of America. (Attachments: # 1 Affidavit Declaration of Eliza A. Hopkins, # 2 Exhibit Certificate of Good Standing - Appellate Division of the Second Judicial Department, # 3 Proposed Order Proposed Order).(Hopkins, Eliza) (Entered: 04/22/2024)

Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 58 MOTION for Eliza A. Hopkins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29254181. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)

ORDER FOR ADMISSION PRO HAC VICE granting 58 Motion to Appear Pro Hac Vice. The motion of Eliza A. Hopkins for admission to practice Pro Hac Vice in the above-captioned action is granted. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 4/23/2024) (tg) (Entered: 04/23/2024)

MOTION for Andrew T. Tutt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29269696. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Paralyzed Veterans of America. (Attachments: # 1 Affidavit Declaration of Andrew T. Tutt, # 2 Exhibit Certificate of Good Standing - Appellate Division of the Third Judicial Department, # 3 Exhibit Certificate of Good Standing - Supreme Court of the State of California, # 4 Exhibit Certificate of Good Standing - District of Columbia Court of Appeals, the District of Columbia Bar, # 5 Proposed Order Proposed Order).(Tutt, Andrew) (Entered: 04/25/2024)

1 Affidavit Declaration of Andrew T. Tutt

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2 Exhibit Certificate of Good Standing - Appellate Division of the Third Judicial

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3 Exhibit Certificate of Good Standing - Supreme Court of the State of California

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4 Exhibit Certificate of Good Standing - District of Columbia Court of Appeals, th

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5 Proposed Order Proposed Order

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Notice Regarding Pro Hac Vice Motion

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 60 MOTION for Andrew T. Tutt to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29269696. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

ORDER FOR ADMISSION PRO HAC VICE granting 60 Motion to Appear Pro Hac Vice. The motion of Andrew T. Tutt for admission to practice Pro Hac Vice in the above-captioned action is granted. As further set forth by this Order.. (Signed by Judge Valerie E. Caproni on 4/25/2024) (tg) (Entered: 04/25/2024)

MOTION to File Amicus Brief . Document filed by Paralyzed Veterans of America. (Attachments: # 1 Exhibit - Amicus Brief, # 2 Proposed Order - Proposed Order).(Tutt, Andrew) (Entered: 04/26/2024)

1 Exhibit - Amicus Brief

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2 Proposed Order - Proposed Order

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ORDER GRANTING THE MOTION OF PARALYZED VETERANS OF AMERICA FOR LEAVE TO FILE AN AMICUS BRIEF IN SUPPORT OF PLAINTIFF granting 62 Motion to File Amicus Brief. IT IS HEREBY ORDERED that the Motion is GRANTED. By not later than Tuesday, April 30, 2024, Paralyzed Veterans of America must file its amicus brief as a separate docket entry. The Clerk of Court is respectfully directed to terminate the open motion at docket 62. (Signed by Judge Valerie E. Caproni on 4/26/2024) (rro) (Entered: 04/26/2024)

Set/Reset Deadlines: Brief due by 4/30/2024. (rro)

RESPONSE to Motion re: 62 MOTION to File Amicus Brief . Brief of Paralyzed Veterans of America as Amicus Curiae in Support of Plaintiff. Document filed by Paralyzed Veterans of America..(Tutt, Andrew) (Entered: 04/29/2024)

MOTION for Leave to Appear at Oral Argument . Document filed by National Organization for Women-New York City..(Wishnie, Michael) (Entered: 05/02/2024)

LETTER MOTION for Leave to File Excess Pages for Defendants' reply brief in further support of motion to dismiss addressed to Judge Valerie E. Caproni from Tomoko Onozawa dated May 2, 2024. Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 05/02/2024)

ORDER granting 66 Letter Motion for Leave to File Excess Pages. Application GRANTED. Defendants may filed a reply brief not to exceed 15 pages. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/6/2024) (tg) (Entered: 05/06/2024)

ORDER granting 65 Motion for Leave to Appear. Application GRANTED. Law students K.N. McCleary and Grace Sullivan may argue under the supervision of counsel at the oral argument scheduled for Thursday, May 30, 2024, at 2:30 P.M. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/6/2024) (tg) (Entered: 05/06/2024)

LETTER MOTION for Oral Argument (for two attorneys to argue on behalf of Defendants) addressed to Judge Valerie E. Caproni from Tomoko Onozawa dated May 10, 2024. Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 05/10/2024)

ORDER granting 69 Letter Motion for Oral Argument. Application GRANTED. Both Assistant U.S. Attorney Tomoko Onozawa and Trial Attorney Laura Bakst may argue on behalf of Defendants at the oral argument scheduled for Thursday, May 30, 2024. SO ORDERED. (Signed by Judge Valerie E. Caproni on 5/13/2024) (tg) (Entered: 05/13/2024)

REPLY MEMORANDUM OF LAW in Support re: 51 MOTION to Dismiss Amended Complaint (ECF No. 40). . Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 05/13/2024)

ORDER: IT IS HEREBY ORDERED that the oral argument is moved from Thursday, May 30, 2024, at 2:30 P.M. to Thursday, May 30, 2024, at 2:45 P.M. SO ORDERED. ( Oral Argument set for 5/30/2024 at 02:45 PM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/14/2024) (tg) (Entered: 05/14/2024)

Minute Entry for proceedings held before Judge Valerie E. Caproni: Oral Argument held on 5/30/2024 re: 51 MOTION to Dismiss Amended Complaint (ECF No. 40). filed by United States Department of Defense, United States Department of Veterans Affairs. Attorneys Priscilla Smith, Michael Wishnie, Renee Mihail and Briana Thompson present for the plaintiff. K.N. McCleary and Grace Sullivan present for the plaintiff. Attorneys Tomoko Onozawa and Laura Bakst present for the defendants. Court Reporter Carly Davis present. (anc)

Oral Argument

TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 5/30/2024 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Carly Davis, (212) 805-0320. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/16/2024. Redacted Transcript Deadline set for 7/26/2024. Release of Transcript Restriction set for 9/23/2024..(McGuirk, Kelly) (Entered: 06/25/2024)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ORAL ARGUMENT proceeding held on 5/30/2024 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 06/25/2024)

NOTICE of Supplemental Authority. Document filed by National Organization for Women-New York City..(Wishnie, Michael) (Entered: 07/11/2024)

MOTION for Eliza A. Hopkins to Withdraw as Attorney . Document filed by Paralyzed Veterans of America..(Hopkins, Eliza) (Entered: 07/12/2024)

MEMO ENDORSEMENT granting 76 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Eliza Hopkins as counsel for Paralyzed Veterans of America. SO ORDERED. Attorney Eliza Hopkins and Eliza Hopkins terminated. (Signed by Judge Valerie E. Caproni on 7/15/2024) (rro) (Entered: 07/15/2024)

RESPONSE re: 75 Notice (Other) (Plaintiff's Notice of Supplemental Authority). Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 07/18/2024)

OPINION AND ORDER re: 51 MOTION to Dismiss Amended Complaint (ECF No. 40). filed by United States Department of Defense, United States Department of Veterans Affairs. For the foregoing reasons, the motion to dismiss is GRANTED. The Service Connection Requirement claims against the VA are dismissed without prejudice for lack of subject matter jurisdiction. The Service Connection Requirement claims against DoD are dismissed with prejudice for failure to state a claim. NOW already had one opportunity to amend and further amendment would be futile. By not later than Friday, November 29, 2024, the parties must meet and confer and file a joint status update indicating whether Plaintiff intends to voluntarily dismiss the Stayed Claims or whether DoD intends to respond. The Clerk of Court is respectfully requested to terminate the open motion at Dkt. 51. SO ORDERED. (Signed by Judge Valerie E. Caproni on 10/31/2024) (tg) (Entered: 10/31/2024)

LETTER MOTION for Extension of Time to File Joint Status Report addressed to Judge Valerie E. Caproni from AUSA Tomoko Onozawa dated November 26, 2024. Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 11/26/2024)