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

1:23-cv-06750 | U.S. District Court for the Southern District of New York

Filed Date: Aug. 2, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involved the U.S. Department of Veteran Affairs 2019 Regulations (“VA 2019 Regulations”), which permitted the U.S. Department of Veteran Affairs (“VA”) to provide in vitro fertilization (“IVF”) services to a veteran and the spouse of that veteran when clinically appropriate if the veteran has a “service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment.” 38 C.F.R. § 17.380(a)(1). The VA provided a memo that addressed …

This case involved the U.S. Department of Veteran Affairs 2019 Regulations (“VA 2019 Regulations”), which permitted the U.S. Department of Veteran Affairs (“VA”) to provide in vitro fertilization (“IVF”) services to a veteran and the spouse of that veteran when clinically appropriate if the veteran has a “service-connected disability that results in the inability of the veteran to procreate without the use of fertility treatment.” 38 C.F.R. § 17.380(a)(1). The VA provided a memo that addressed the eligibility for IVF for veterans and stated that “IVF services are only available to a cisgender opposite-sex legally married couple or other legally married couple with opposite-sex gametes/reproductive organs.” The VA also defined “infertility” as “the inability to achieve a pregnancy after one year of regular unprotected sexual intercourse with their lawful spouse,” subject to certain exceptions. As a result, single or unmarried couples, and married couples with the same reproductive organs, could by law never have “infertility” for VA purposes.

On August 2, 2023, the National Organization for Women-New York (“NOW-NYC”) filed suit against the U.S. Department of Defense (“DoD”) and the VA in the U.S. District Court for the Southern District of New York. NOW-NYC is a New York City membership-based organization whose members include service members and veterans who were denied IVF coverage by the DoD and the Veterans Health Administration (“VHA”) because the member was in same-sex or unmarried couples, was single, and/or whose infertility was not determined by the DoD or the VHA to be the result of military service. Represented by Yale Law School’s Veterans Legal Services Clinic and Reproductive Rights and Justice Project, NOW-NYC claimed that the defendants’ IVF policies facially excluded service members and veterans who were a) single or in an unmarried couple; b) unable to use their own eggs or sperm because of illness or injury; c) in a same-sex couple or couple with the same reproductive organs; or d) lacking a service-connected disability or Category II or III illness causing infertility. NOW-NYC alleged this practice violated (1) Section 1557 of the Affordable Care Act, (2) Equal Protection under the Fifth Amendment (sex discrimination and marital status discrimination), (3) the Due Process Clause of the Fifth Amendment (fundamental rights to marry and procreate), and (4) the Administrative Procedure Act (“APA”). NOW-NYC sought declaratory and injunctive relief, enjoining the defendants permanently from enforcing the Marriage Requirements, the Member Gamete Requirements, and the Service-Connection Requirements (collectively, the “Discriminatory Provisions”) in their IVF policies.

The case was originally assigned to Judge Gregory H. Woods and Magistrate Judge Ona T. Wang; however, the case was then reassigned to Judge Valerie E. Caproni. 

On December 26, 2023, the defendants filed a motion to stay the case for 90 days. The court granted in part and denied in part the defendants’ motion to stay on January 2, 2024. The court stayed the case with respect to the claims challenging both the DoD and VA’s Marriage Requirement and Member Gamete Requirement of the IVF health insurance coverage to give the defendants time to finalize their policy changes that would likely moot those claims. The court denied to stay the case with respect to the claims challenging the DoD and VA’s Service Connection Requirement, as the defendants provided no indication that expected policy changes would moot these claims.

On January 26, 2024, the defendants filed a motion to dismiss, alleging (1) NOW-NYC lacked organizational standing, (2) the Veterans Judicial Review Act (“VJRA”) divested the court of jurisdiction over NOW-NYC’s claims against the VA, (3) NOW-NYC failed to state a substantive due process claim against the agencies’ service-connected disability conditions requirement, and (4) NOW-NYC failed to state an arbitrary and capricious claim under the APA against the Department of Defense’s service-connected disability conditions requirement. On January 30, 2024, the defendants filed a motion to stay discovery in the case until after the court’s resolution of the motion to dismiss.

On February 9, 2024, NOW-NYC filed an amended complaint in response to the defendants’ motion to dismiss, providing additional information for NOW-NYC’s organizational standing.

On March 1, 2024, the defendants filed a motion requesting that the court expand its current partial stay order from January 2, 2024 to cover certain additional claims that NOW-NYC advanced in its amended complaint. On March 4, 2024, the court denied as moot the defendants’ motion to dismiss from January 26, 2024 and the defendants’ motion to stay from January 30, 2024 given NOW-NYC’s amended complaint. On March 15, 2024, the defendants filed a motion to dismiss the amended complaint, largely raising the same arguments as the initial motion to dismiss. As of April 23, 2024, this case remains ongoing.

Summary Authors

Tallulah Wick (4/3/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67657489/parties/national-organization-for-women-new-york-city-v-united-states-department/


Judge(s)

Caproni, Valerie Elaine (New York)

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Documents in the Clearinghouse

Document
1

1:23-cv-06750

Complaint

Aug. 2, 2023

Aug. 2, 2023

Complaint
31

1:23-cv-06750

Order

Jan. 2, 2024

Jan. 2, 2024

Order/Opinion
40

1:23-cv-06750

Amended Complaint

Feb. 9, 2024

Feb. 9, 2024

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67657489/national-organization-for-women-new-york-city-v-united-states-department/

Last updated April 25, 2024, 2:08 p.m.

ECF Number Description Date Link Date / Link
1

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

View on RECAP

4 Exhibit Ex. D VA Approps Statute

View on RECAP

Aug. 2, 2023

Aug. 2, 2023

Clearinghouse
2

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

Aug. 2, 2023

Aug. 2, 2023

PACER
3

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)

Aug. 2, 2023

Aug. 2, 2023

PACER
4

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)

Aug. 2, 2023

Aug. 2, 2023

PACER
5

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)

Aug. 2, 2023

Aug. 2, 2023

PACER

Case Opening Initial Assignment Notice

Aug. 3, 2023

Aug. 3, 2023

PACER

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)

Aug. 3, 2023

Aug. 3, 2023

PACER

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)

Aug. 3, 2023

Aug. 3, 2023

PACER

Case Designated ECF. (vf)

Aug. 3, 2023

Aug. 3, 2023

PACER
6

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

Aug. 3, 2023

Aug. 3, 2023

PACER
7

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

Aug. 3, 2023

Aug. 3, 2023

PACER
8

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

Aug. 3, 2023

Aug. 3, 2023

PACER

Notice of Case Assignment/Reassignment

Aug. 4, 2023

Aug. 4, 2023

PACER

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

Aug. 4, 2023

Aug. 4, 2023

PACER
9

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)

Aug. 4, 2023

Aug. 4, 2023

PACER
10

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)

Aug. 7, 2023

Aug. 7, 2023

PACER
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. 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)

Sept. 19, 2023

Sept. 19, 2023

PACER

Notice Regarding Pro Hac Vice Motion

Sept. 19, 2023

Sept. 19, 2023

PACER

>>>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)

Sept. 19, 2023

Sept. 19, 2023

PACER
12

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)

Sept. 20, 2023

Sept. 20, 2023

PACER
13

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

Sept. 25, 2023

Sept. 25, 2023

PACER
14

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)

Sept. 28, 2023

Sept. 28, 2023

PACER
15

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)

Sept. 28, 2023

Sept. 28, 2023

PACER
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. Document filed by United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 09/29/2023)

Sept. 29, 2023

Sept. 29, 2023

PACER
17

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)

Sept. 29, 2023

Sept. 29, 2023

RECAP
18

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)

Sept. 29, 2023

Sept. 29, 2023

RECAP
19

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)

Sept. 29, 2023

Sept. 29, 2023

PACER
20

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)

Sept. 29, 2023

Sept. 29, 2023

PACER
21

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)

Sept. 29, 2023

Sept. 29, 2023

PACER
22

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)

Sept. 29, 2023

Sept. 29, 2023

PACER
23

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)

Sept. 29, 2023

Sept. 29, 2023

PACER
24

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)

Sept. 29, 2023

Sept. 29, 2023

PACER
25

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)

Sept. 29, 2023

Sept. 29, 2023

PACER
26

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)

Sept. 29, 2023

Sept. 29, 2023

PACER
27

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)

Oct. 5, 2023

Oct. 5, 2023

PACER
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 United States Department of Defense, United States Department of Veterans Affairs..(Onozawa, Tomoko) (Entered: 12/26/2023)

Dec. 26, 2023

Dec. 26, 2023

PACER
29

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)

Dec. 28, 2023

Dec. 28, 2023

RECAP

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)

Dec. 28, 2023

Dec. 28, 2023

PACER
30

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)

Dec. 28, 2023

Dec. 28, 2023

PACER
31

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)

Jan. 2, 2024

Jan. 2, 2024

Clearinghouse
32

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)

Jan. 25, 2024

Jan. 25, 2024

PACER
33

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

View on RECAP

Jan. 25, 2024

Jan. 25, 2024

RECAP
34

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)

Jan. 26, 2024

Jan. 26, 2024

PACER
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)

Jan. 26, 2024

Jan. 26, 2024

RECAP
36

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)

Jan. 26, 2024

Jan. 26, 2024

Clearinghouse
37

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)

Jan. 26, 2024

Jan. 26, 2024

RECAP
38

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)

Jan. 30, 2024

Jan. 30, 2024

RECAP
39

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)

Feb. 2, 2024

Feb. 2, 2024

RECAP

Pretrial Conference - Initial

Feb. 2, 2024

Feb. 2, 2024

PACER

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)

Feb. 2, 2024

Feb. 2, 2024

PACER
40

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)

Feb. 9, 2024

Feb. 9, 2024

Clearinghouse
41

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)

Feb. 20, 2024

Feb. 20, 2024

PACER
42

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)

Feb. 20, 2024

Feb. 20, 2024

RECAP
43

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)

Feb. 20, 2024

Feb. 20, 2024

RECAP
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 United States Department of Defense, United States Department of Veterans Affairs..(Bakst, Laura) (Entered: 03/01/2024)

March 1, 2024

March 1, 2024

PACER
45

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)

March 4, 2024

March 4, 2024

PACER
46

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)

March 4, 2024

March 4, 2024

PACER
47

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)

March 4, 2024

March 4, 2024

RECAP

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)

March 4, 2024

March 4, 2024

PACER
48

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)

March 4, 2024

March 4, 2024

PACER
49

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)

View on PACER

March 13, 2024

March 13, 2024

PACER
50

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)

March 13, 2024

March 13, 2024

PACER
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: 03/15/2024)

March 15, 2024

March 15, 2024

PACER
52

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)

View on PACER

March 15, 2024

March 15, 2024

PACER
53

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)

March 25, 2024

March 25, 2024

PACER
54

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)

March 25, 2024

March 25, 2024

RECAP

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)

March 26, 2024

March 26, 2024

PACER
55

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)

April 9, 2024

April 9, 2024

PACER
56

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)

April 9, 2024

April 9, 2024

PACER
57

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

View on PACER

2 Exhibit B

View on RECAP

3 Exhibit C

View on PACER

April 19, 2024

April 19, 2024

PACER
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. 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)

April 22, 2024

April 22, 2024

PACER

Notice Regarding Pro Hac Vice Motion

April 22, 2024

April 22, 2024

PACER

>>>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)

April 22, 2024

April 22, 2024

PACER
59

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)

April 23, 2024

April 23, 2024

PACER
60

Appear Pro Hac Vice

April 25, 2024

April 25, 2024

PACER
61

Order on Motion to Appear Pro Hac Vice

April 25, 2024

April 25, 2024

PACER

Notice Regarding Pro Hac Vice Motion

April 25, 2024

April 25, 2024

PACER

Case Details

State / Territory: New York

Case Type(s):

Public Benefits/Government Services

Reproductive Issues

Key Dates

Filing Date: Aug. 2, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The National Organization for Women-New York is a New York City membership-based organization whose mission is to ignite change for the women and girls of New York by advancing laws and powering activism. It is devoted to protecting the equal rights of women and LGBTQ+ people and considers the provision of reproductive healthcare to be an essential component of its organizational mission. Its members include service members and veterans denied IVF coverage by the U.S. Department of Defense and the Veterans Health Administration because the member is in same-sex or unmarried couples, is single, and/or whose infertility is not determined by the Department of Defense or the Veterans Health Administration to be the result of military service.

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: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Defense (Washington, D.C., - United States (national) -), Federal

U.S. Department of Veterans Affairs (Washington, D.C., - United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Hospital/Health Department

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

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

Marriage

Parents (visitation, involvement)

Discrimination Area:

Disparate Impact

Disparate Treatment

Medical Exam / Inquiry

Pay / Benefits

Discrimination Basis:

Sex discrimination

Sexual orientation

Affected Sex/Gender(s):

Female

Intersex

Male

Transgender

LGBTQ+:

LGBTQ+

Medical/Mental Health Care:

Medical care, general

Medicare eligibility determination

Reproductive rights:

Reproductive health care (including birth control, abortion, and others)