Case: Wilkins v. Austin III

1:22-cv-01272 | U.S. District Court for the Eastern District of Virginia

Filed Date: Nov. 10, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit is about a challenge to U.S. military policy screening out applicants with HIV. Three private plaintiffs and Minority Veterans of America brought suit on November 10, 2022, in the U.S. District Court for the Eastern District of Virginia, Alexandria Division, against the U.S. Secretary of Defense and Secretary of the Army. Plaintiffs held that, longstanding Department of Defense policies created an accessions bar for people living with HIV, which prevent appointment, enlistment, or …

This lawsuit is about a challenge to U.S. military policy screening out applicants with HIV.

Three private plaintiffs and Minority Veterans of America brought suit on November 10, 2022, in the U.S. District Court for the Eastern District of Virginia, Alexandria Division, against the U.S. Secretary of Defense and Secretary of the Army. Plaintiffs held that, longstanding Department of Defense policies created an accessions bar for people living with HIV, which prevent appointment, enlistment, or induction into military service; however, treatments for HIV had developed significantly since those policies were first implemented. In recent years, courts issued injunctive relief to require the Department of Defense to allow servicemembers living with HIV to commission, and defendants amended Department of Defense regulations to allow for people with well-managed HIV, who are already serving in the military, to be appointed. However, plaintiff noted that defendants did not modify those regulations to allow the enlistment or appointment of otherwise similarly-situated individuals who are not currently serving. The private plaintiffs, who are civilians who wished to enlist or re-reenlist in the military but were unable to do so because of their HIV status, and Minority Veterans of America, which includes members who want to join or rejoin the Armed Forces, argued that the military’s policies on this front are outdated and violate several constitutional protections.

Plaintiffs specifically alleged that the Department of Defense policies violate the Fifth Amendment’s Due Process Clause by denying equal protection to the plaintiffs and impermissibly discriminating against people with HIV. Plaintiffs also alleged that each defendant’s actions violate the Administrative Procedure Act, by failing to update Department of Defense policies to reflect the current state of HIV medical science and court decisions, amounting to arbitrary and capricious decision-making. As relief for these claims, plaintiffs requested declaratory and injunctive relief, to enjoin defendants from maintaining the accessions bar for people living with HIV and to demand that plaintiffs be allowed to enroll or otherwise re-enroll in military service.

The matter was assigned to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis.

On May 31, 2023, plaintiffs filed a motion for summary judgment. Plaintiffs noted that when there is an equal protection challenge, a law must bear a rational relationship to a legitimate government interest to withstand scrutiny; similarly, APA analysis hinges on whether the defendants’ treatment of plaintiffs was rational, not arbitrary and capricious. Plaintiffs argued that under either a rational basis or heightened scrutiny analysis, defendants could not meet their burden as their actions were based on obsolete and outmoded understandings of HIV medicine. Plaintiffs also contemporaneously filed a request for judicial notice, asking the court to note facts set forth in public government websites, reports, and the Code of Federal Regulations which describe the legal status and risks faced by individuals with HIV status. On June 30, 2023, the defendants filed a cross-motion for summary judgment. On July 28, plaintiffs also filed a motion to exclude the economic and data analysis testimony submitted by a witness that the defendants offered, arguing that they had significant concerns as to the reliability of the witness’ opinion.

On August 9, 2023, the court acknowledged the plaintiffs’ concern as to the expert witness testimony offered by the defendants, and scheduled a hearing on the matter. While the hearing transcript is not available to the Clearinghouse, after it was held, the court decided on August 25, 2023 that it was appropriate to grant the plaintiffs’ motion to strike the economic and data analysis testimony submitted an expert witness. The court also granted plaintiffs leave to amend their statement of facts for their motion for summary judgment, which the plaintiffs refiled promptly.

On August 28, the court granted plaintiffs’ request for judicial notice, to take note of publicly available facts on individuals who have HIV status.

On October 20, 2023, plaintiffs made a second request for judicial notice for similar facts available on publicly available government websites, which the court granted.

On August 20, 2024, the court issued its memorandum opinion on the parties’ cross-motions, deciding to grant the plaintiffs’ motion for summary judgment and therefore deny the defendants’ cross-motion. The court reviewed both the equal protection claim under the Due Process Clause of the Fifth Amendment, and the APA claim. With respect to the equal protection claim, the court held that rational basis scrutiny was the appropriate standard of review, requiring that defendants show their classification is rationally related to legitimate government interests; the court also held that rational-basis review is analogous to APA review. The court found unpersuasive the defendants’ arguments that (1) its policies are rationally supported by current medical knowledge and existing understandings of HIV risk – the court held that defendants failed to provide any new evidence or support, and offered arguments which had failed in other HIV-related military policy litigation. (2) The court also found unpersuasive the defendants’ claim that potential increased financial burdens on the military could serve as a rational basis for excluding accession, as, fatally, the Department of Defense health care budget already included HIV-related health care needs. (3) The court also struck down defendants’ claims that its foreign relations concerns were a plausible rational basis, observing that the Department of Defense does not employ longstanding diplomatic defense for any other minority group, beyond purportedly individuals with HIV status, and therefore its exclusion of this group is irrational. As remedy, the court issued a permanent injunction, to enjoin defendants from denying plaintiffs or similarly situated individuals accession into the U.S. military based on HIV status; prevent enforcement of the HIV-specific provisions of Department of Defense policies; and to order the Secretary of the Army to reevaluate the decision to remove a named plaintiff from his earned position because of his HIV status.

On October 18, 2024, defendants filed a notice of appeal to the U.S. Fourth Circuit Court of Appeals. The Court of Appeals has not yet issued a decision, and the matter is pending future updates as of April 20, 2025.

Summary Authors

Keren Yi (4/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65750703/parties/wilkins-v-austin-iii/


Judge(s)

Brinkema, Leonie M. (Virginia)

Attorney for Plaintiff

Bujarski, David (Virginia)

Cooper, Bryce A. (Virginia)

Attorney for Defendant

Barghaan, Dennis Carl (Virginia)

Baumhart, Peter B. (Virginia)

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Documents in the Clearinghouse

Document
1

1:22-cv-01272

[Untitled]

Nov. 10, 2022

Nov. 10, 2022

123

1:22-cv-01272

[Untitled]

Aug. 28, 2023

Aug. 28, 2023

159

1:22-cv-01272

[Untitled]

Aug. 20, 2024

Aug. 20, 2024

160

1:22-cv-01272

[Untitled]

Aug. 20, 2024

Aug. 20, 2024

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65750703/wilkins-v-austin-iii/

Last updated May 2, 2025, 9:52 p.m.

ECF Number Description Date Link Date / Link
1

Complaint ( Filing fee $ 402, receipt number AVAEDC-8656545.), filed by ISAIAH WILKINS, MINORITY VETERANS OF AMERICA, NATALIE NOE, CAROL COE. (Attachments: # 1 Civil Cover Sheet)(Sidhu, Amandeep) (Attachment 1 replaced to correct incorrectly saved PDF fillable form on 11/14/2022) (nneb, ). Modified on 11/14/2022 (nneb, ). (Entered: 11/10/2022)

1 Civil Cover Sheet

View on PACER

Nov. 10, 2022

Nov. 10, 2022

Clearinghouse
2

NOTICE of Appearance by Amandeep Singh Sidhu on behalf of CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
3

Financial Interest Disclosure Statement (Local Rule 7.1) by MINORITY VETERANS OF AMERICA. (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
4

Proposed Summons as to Lloyd Austin III in his official capacity as Secretary of Defense by CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS. (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
5

Proposed Summons as to Christine Wormuth in her official capacity as Secretary of of the Army by CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS. (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
6

MOTION to Proceed Under Pseudonyms and for All of Plaintiff Coe's and Plaintiff Noe's Identifying Information to be Redacted from Documents filed in the Public Record by CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS. (Attachments: # 1 Proposed Order)(Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
7

Memorandum in Support re 6 MOTION to Proceed Under Pseudonyms and for All of Plaintiff Coe's and Plaintiff Noe's Identifying Information to be Redacted from Documents filed in the Public Record filed by CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS. (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
8

Notice of Hearing Date set for December 2, 2022 re 6 MOTION to Proceed Under Pseudonyms and for All of Plaintiff Coe's and Plaintiff Noe's Identifying Information to be Redacted from Documents filed in the Public Record (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
9

Motion to appear Pro Hac Vice by Gregory Nevins and Certification of Local Counsel Amandeep Sidhu Filing fee $ 75, receipt number AVAEDC-8656759. by CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS. (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
10

Motion to appear Pro Hac Vice by Kara Nicole Ingelhart and Certification of Local Counsel Amandeep Sidhu Filing fee $ 75, receipt number AVAEDC-8656803. by CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS. (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
11

Motion to appear Pro Hac Vice by Shelly Lynn Skeen and Certification of Local Counsel Amandeep Sidhu Filing fee $ 75, receipt number AVAEDC-8656806. by CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS. (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
12

Motion to appear Pro Hac Vice by Bryce Cooper and Certification of Local Counsel Amandeep Sidhu Filing fee $ 75, receipt number AVAEDC-8656807. by CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS. (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
13

Motion to appear Pro Hac Vice by PETER EDWARD PERKOWSKI and Certification of Local Counsel Amandeep Sidhu Filing fee $ 75, receipt number AVAEDC-8656808. by CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS. (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
14

Motion to appear Pro Hac Vice by Lauren Gailey and Certification of Local Counsel Amandeep Sidhu Filing fee $ 75, receipt number AVAEDC-8656811. by CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS. (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
15

Motion to appear Pro Hac Vice by Robert T. Vlasis and Certification of Local Counsel Amandeep Sidhu Filing fee $ 75, receipt number AVAEDC-8656814. by CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS. (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
16

Motion to appear Pro Hac Vice by Scott Allen Schoettes and Certification of Local Counsel Amandeep Sidhu Filing fee $ 75, receipt number AVAEDC-8656857. by CAROL COE, MINORITY VETERANS OF AMERICA, NATALIE NOE, ISAIAH WILKINS. (Sidhu, Amandeep) (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER

Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis. (nneb)

Nov. 10, 2022

Nov. 10, 2022

PACER

Notice of Correction re 4 Proposed Summons, 5 Proposed Summons. The filing user has been notified to file proposed summons for the U.S Attorney and Attorney General (nneb)

Nov. 14, 2022

Nov. 14, 2022

PACER
17

ORDER granting 6 MOTION to Proceed Under Pseudonyms and for All of Plaintiff Coe's and Plaintiff Noe's Identifying Information to be Redacted from Documents filed in the Public Record (see Order for details). Signed by District Judge Leonie M. Brinkema on 11/14/2022. (nneb) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
18

ORDER granting 9 Motion for Pro hac vice Appointed Gregory Nevins for Isaiah Wilkins. Signed by District Judge Leonie M. Brinkema on 11/14/2022. (nneb) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
19

ORDER granting 10 Motion for Pro hac vice Appointed Kara Nicole Ingelhart for Minority Veterans of America,Kara Nicole Ingelhart for Natalie Noe,Kara Nicole Ingelhart for Isaiah Wilkins. Signed by District Judge Leonie M. Brinkema on 11/14/2022. (nneb) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
20

ORDER granting 11 Motion for Pro hac vice Appointed Shelly Lynn Skeen for Carol Coe,Shelly Lynn Skeen for Minority Veterans of America,Shelly Lynn Skeen for Natalie Noe,Shelly Lynn Skeen for Isaiah Wilkins. Signed by District Judge Leonie M. Brinkema on 11/14/2022. (nneb) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
21

ORDER granting 12 Motion for Pro hac vice Appointed Bryce Cooper for Carol Coe,Bryce Cooper for Minority Veterans of America,Bryce Cooper for Natalie Noe,Bryce Cooper for Isaiah Wilkins. Signed by District Judge Leonie M. Brinkema on 11/14/2022. (nneb) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
22

ORDER granting 13 Motion for Pro hac vice Appointed Peter Edward Perkowski for Carol Coe,Peter Edward Perkowski for Minority Veterans of America,Peter Edward Perkowski for Natalie Noe,Peter Edward Perkowski for Isaiah Wilkins. Signed by District Judge Leonie M. Brinkema on 11/14/2022. (nneb) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

RECAP
23

ORDER granting 14 Motion for Pro hac vice Appointed Lauren Gailey for Carol Coe,Lauren Gailey for Minority Veterans of America,Lauren Gailey for Natalie Noe,Lauren Gailey for Isaiah Wilkins. Signed by District Judge Leonie M. Brinkema on 11/14/2022. (nneb) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
24

ORDER granting 15 Motion for Pro hac vice Appointed Robert T. Vlasis for Carol Coe,Robert T. Vlasis for Minority Veterans of America,Robert T. Vlasis for Natalie Noe,Robert T. Vlasis for Isaiah Wilkins. Signed by District Judge Leonie M. Brinkema on 11/14/2022. (nneb) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
25

ORDER granting 16 Motion for Pro hac vice Appointed Scott Allen Schoettes for Carol Coe,Scott Allen Schoettes for Minority Veterans of America,Scott Allen Schoettes for Natalie Noe,Scott Allen Schoettes for Isaiah Wilkins. Signed by District Judge Leonie M. Brinkema on 11/14/2022. (nneb) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
26

Proposed Summons as to Merrick B. Garland and Jessica D. Aber by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Proposed Summons)(Sidhu, Amandeep) (Main Document 26 replaced to correct incorrectly saved PDF fillable form on 11/17/2022) (nneb, ). (Attachment 1 replaced to correct incorrectly saved PDF fillable form on 11/17/2022) (nneb, ). Modified on 11/17/2022 (nneb, ). (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
27

Summons Issued as to Lloyd Austin, III, Christine Wormuth, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney)(nneb) (Entered: 11/17/2022)

Nov. 17, 2022

Nov. 17, 2022

PACER
28

AFFIDAVIT of Service for Summons and Complaint served on Lloyd Austin III on 11/21/2022, filed by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Sidhu, Amandeep) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

PACER
29

AFFIDAVIT of Service for Summons and Complaint served on Jessica D. Aber on 11/21/2022, answer due 1/20/2023 filed by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Sidhu, Amandeep) Modified on 11/30/2022 (nneb, ). (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

PACER
30

AFFIDAVIT of Service for Summons and Complaint served on Merrick B. Garland on 11/21/2022, filed by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Sidhu, Amandeep) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

PACER
31

AFFIDAVIT of Service for Summons and Complaint served on Christine Wormuth on 11/23/2022, filed by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Sidhu, Amandeep) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
32

NOTICE of Appearance by Meghan Elizabeth Loftus on behalf of Lloyd Austin, III, Christine Wormuth (Loftus, Meghan) (Entered: 01/13/2023)

Jan. 13, 2023

Jan. 13, 2023

PACER
33

MOTION for Extension of Time to File Response/Reply as to 1 Complaint, (Unopposed) by Lloyd Austin, III, Christine Wormuth. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 01/13/2023)

Jan. 13, 2023

Jan. 13, 2023

PACER
34

ORDERED that Defendant's motion is GRANTED. Defendants may file their response to the complaint no later than February 20, 2023. No further extensions will be granted. Signed by District Judge Leonie M. Brinkema on 1/13/2023. (swil) (Entered: 01/13/2023)

Jan. 13, 2023

Jan. 13, 2023

PACER
35

NOTICE of Appearance by Peter B. Baumhart on behalf of Lloyd Austin, III, Christine Wormuth (Baumhart, Peter) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
36

ANSWER to Complaint by Lloyd Austin, III, Christine Wormuth.(Baumhart, Peter) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
37

Consent MOTION to Stay by Lloyd Austin, III, Christine Wormuth. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Proposed Order)(Baumhart, Peter) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
38

ORDER granting 37 Motion to Stay. ORDERED that the case is STAYED until April 14, 2023. Signed by District Judge Leonie M. Brinkema on 02/17/2023. (wgar, ) (Entered: 02/17/2023)

Feb. 17, 2023

Feb. 17, 2023

PACER
39

SCHEDULING ORDER:Initial Pretrial Conference set for 5/10/2023 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis.Discovery due by 8/18/2023. Final Pretrial Conference set for 8/24/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 4/17/23. (Attachments: # 1 Mag.Consent, # 2 Pretrial Notice)(yguy) (Entered: 04/18/2023)

April 17, 2023

April 17, 2023

PACER
40

MOTION to Continue Rule 16(b) Conference by Lloyd Austin, III, Christine Wormuth. (Attachments: # 1 Proposed Order)(Loftus, Meghan) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
41

Opposition to 40 MOTION to Continue Rule 16(b) Conference filed by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Sidhu, Amandeep) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
42

ORDERED that the Opposed Motion to Continue the Rule 16(b) Conference [Dkt. No. 40] be and is DENIED (see Order for further details). Signed by District Judge Leonie M. Brinkema on 4/21/2023. (Dest) (Entered: 04/21/2023)

April 21, 2023

April 21, 2023

PACER
43

Joint Proposed Discovery Plan by Isaiah Wilkins.(Sidhu, Amandeep) (Entered: 05/03/2023)

May 3, 2023

May 3, 2023

PACER
44

ORDERED that the parties appear in person on Tuesday, May 9, 2023, at 10:00 am before the undersigned judge for a status hearing. The hearing may alleviate the need for a Rule 16(b) Conference before the magistrate judge. Signed by District Judge Leonie M. Brinkema on 05/04/2023. (wgar, ) (Entered: 05/04/2023)

May 4, 2023

May 4, 2023

PACER

Set Hearings: Status Conference set for 5/9/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, )

May 4, 2023

May 4, 2023

PACER
45

NOTICE of Appearance by Dennis Carl Barghaan, Jr on behalf of Lloyd Austin, III, Christine Wormuth (Barghaan, Dennis) (Entered: 05/05/2023)

May 5, 2023

May 5, 2023

PACER
46

Minute Entry for proceedings held before District Judge Leonie M. Brinkema:Status Hearing held on 5/9/2023. Appearances of counsel. Court advised of case status. Counsel directed to submit a joint proposed final discovery plan. (Court Reporter S. Austin.)(yguy) (Entered: 05/09/2023)

May 9, 2023

May 9, 2023

PACER

Initial Pretrial Conference set for 5/10/2023 - TERMINATED per IDD chambers. (lgue, )

May 9, 2023

May 9, 2023

PACER
47

Amended Joint Proposed Discovery Plan by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins.(Sidhu, Amandeep) (Entered: 05/10/2023)

May 10, 2023

May 10, 2023

PACER
48

Order Rule 16(b) Scheduling Order - Pursuant to Rule 16(b) and the Courts May 4, 2023 Order, a status hearing was held in this matter on May 9, 2022. Upon consideration of the representations made by the parties in the Amended Joint Discovery Plan [Dkt. No. 47] and for the reasons discussed during the status hearing, the Court makes the following rulings: The parties Joint Discovery Plan is approved and shall control discovery to the extent of its application unless further modified by the Court. Signed by Magistrate Judge Ivan D. Davis on 05/15/2023. SEE ORDER FOR FURTHER DETAILS. (wgar, ) (Entered: 05/16/2023)

May 15, 2023

May 15, 2023

PACER
49

Motion to appear Pro Hac Vice by Hannah Shankman and Certification of Local Counsel Amandeep S. Sidhu Filing fee $ 75, receipt number AVAEDC-8938704. by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Sidhu, Amandeep) (Entered: 05/16/2023)

May 16, 2023

May 16, 2023

PACER
50

Motion to appear Pro Hac Vice by David Bujarski and Certification of Local Counsel Amandeep S. Sidhu Filing fee $ 75, receipt number AVAEDC-8938719. by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Sidhu, Amandeep) (Entered: 05/16/2023)

May 16, 2023

May 16, 2023

PACER
51

ORDER granting 49 Motion for Pro hac vice Appointed Hannah Shankman for Carol Coe,Hannah Shankman for Minority Veterans of America,Hannah Shankman for Natalie Noe,Hannah Shankman for Isaiah Wilkins. Signed by District Judge Leonie M. Brinkema on 5/19/2023. (swil) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

PACER
52

ORDER granting 50 Motion for Pro hac vice Appointed David Bujarski for Carol Coe,David Bujarski for Minority Veterans of America,David Bujarski for Natalie Noe,David Bujarski for Isaiah Wilkins. Signed by District Judge Leonie M. Brinkema on 5/19/2023. (swil) (Entered: 05/19/2023)

May 19, 2023

May 19, 2023

PACER
53

Joint MOTION for Protective Order and Electronically Stored Information Order by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Proposed Protective Order, # 2 Proposed Electronically Stored Information Order)(Sidhu, Amandeep) (Entered: 05/24/2023)

May 24, 2023

May 24, 2023

PACER
54

PROTECTIVE ORDER in re 53 Joint MOTION for Protective Order and Electronically Stored Information Order (see Order for details). Signed by Magistrate Judge Ivan D. Davis on 5/25/2023. (Dest) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
55

Electronically Stored Information Order in re 53 Joint MOTION for Protective Order and Electronically Stored Information Order (see Order for details). Signed by Magistrate Judge Ivan D. Davis on 5/25/2023. (Dest) (Entered: 05/25/2023)

May 25, 2023

May 25, 2023

PACER
56

TRANSCRIPT of a status conference held on 5-9-23, before Judge Leonie M. Brinkema, Court Reporter Stephanie Austin, Telephone number 571-298-1649. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) 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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/26/2023. Redacted Transcript Deadline set for 7/26/2023. Release of Transcript Restriction set for 8/24/2023.(Austin, Stephanie) (Entered: 05/26/2023)

May 26, 2023

May 26, 2023

PACER
57

MOTION for Summary Judgment by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Proposed Order)(Sidhu, Amandeep) (Entered: 05/31/2023)

1 Proposed Order

View on PACER

May 31, 2023

May 31, 2023

PACER
58

Memorandum in Support re 57 MOTION for Summary Judgment filed by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Sidhu, Amandeep) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
59

Notice of Hearing Date set for Friday, August 25, 2023 re 57 MOTION for Summary Judgment, 58 Memorandum in Support, (Sidhu, Amandeep) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
60

MOTION of Request for Judicial Notice re 57 MOTION for Summary Judgment, 58 Memorandum in Support, by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Proposed Order)(Sidhu, Amandeep) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER
61

Memorandum in Support re 60 MOTION of Request for Judicial Notice re 57 MOTION for Summary Judgment, 58 Memorandum in Support, filed by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R)(Sidhu, Amandeep) (Entered: 05/31/2023)

May 31, 2023

May 31, 2023

PACER

Set Deadline as to 57 MOTION for Summary Judgment. Motion Hearing set for 8/25/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, )

June 1, 2023

June 1, 2023

PACER
62

ORDER: A hearing has been set on plaintiffs' Motion for Summary Judgment [Dkt. No. 57] for Friday, August 25, 2023 at 10:00 am; however, due to a scheduling conflict, it is necessary to advance the time of the hearing. Accordingly, it is hereby ORDERED that the hearing be and is RESCHEDULED to Friday, August 25, 2023 at 9:00 am.. Signed by District Judge Leonie M. Brinkema on 6/1/23. (yguy) (Entered: 06/01/2023)

June 1, 2023

June 1, 2023

PACER

Set/Reset Deadlines as to 57 MOTION for Summary Judgment . Motion Hearing Rescheduled for 8/25/2023 at 09:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (yguy)

June 1, 2023

June 1, 2023

PACER
63

MOTION for Leave to File Excess Pages (Unopposed) by Lloyd Austin, III, Christine Wormuth. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 06/26/2023)

June 26, 2023

June 26, 2023

PACER
64

ORDER granting in part 63 MOTION for Leave to File Excess Pages (Unopposed). ORDERED that defendants' combined memorandum of law in opposition to plaintiffs' Motion for Summary Judgment and in support of defendants' cross-motion for summary judgment shall not exceed forty (40) pages. Signed by District Judge Leonie M. Brinkema on 6/26/2. (Dest) (Entered: 06/26/2023)

June 26, 2023

June 26, 2023

PACER
65

MOTION to Withdraw as Attorney Shelly L. Skeen by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Proposed Order)(Sidhu, Amandeep) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER
66

Cross MOTION for Summary Judgment by Lloyd Austin, III, Christine Wormuth. (Barghaan, Dennis) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER
67

Memorandum in Support re 57 MOTION for Summary Judgment, 66 Cross MOTION for Summary Judgment, Memorandum in Opposition filed by Lloyd Austin, III, Christine Wormuth. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5 (Part A), # 6 Exhibit 5 (Part B))(Barghaan, Dennis) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER
68

EXHIBIT by Lloyd Austin, III, Christine Wormuth.. (Attachments: # 1 Exhibit 6, # 2 Exhibit 7, # 3 Exhibit 8, # 4 Exhibit 9, # 5 Exhibit 10, # 6 Exhibit 11, # 7 Exhibit 12, # 8 Exhibit 13, # 9 Exhibit 14)(Barghaan, Dennis) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER
69

EXHIBIT by Lloyd Austin, III, Christine Wormuth.. (Attachments: # 1 Exhibit 15 (Part A), # 2 Exhibit 15 (Part B), # 3 Exhibit 16, # 4 Exhibit 17)(Barghaan, Dennis) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER
70

EXHIBIT by Lloyd Austin, III, Christine Wormuth.. (Attachments: # 1 Exhibit 18, # 2 Exhibit 19, # 3 Exhibit 20, # 4 Exhibit 21, # 5 Exhibit 22, # 6 Exhibit 23, # 7 Exhibit 24, # 8 Exhibit 25)(Barghaan, Dennis) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER
71

Notice of Hearing Date set for 8/25/2023 re 66 Cross MOTION for Summary Judgment (Barghaan, Dennis) (Entered: 06/30/2023)

June 30, 2023

June 30, 2023

PACER

Set Deadline as to 66 Cross MOTION for Summary Judgment. Motion Hearing set for 8/25/2023 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (jlan)

July 3, 2023

July 3, 2023

PACER
72

ORDERED that Shelly L. Skeen is TERMINATED as counsel for Plaintiffs and removed from all service lists in re 65 MOTION to Withdraw as Attorney Shelly L. Skeen. Signed by District Judge Leonie M. Brinkema on 7/3/2023. (Dest) (Entered: 07/03/2023)

July 3, 2023

July 3, 2023

PACER
73

ORDERED that defendants refile a properly double-spaced memorandum of law that iswithin the 40-page limit on or before July 5, 2023 (see Order for further details). Signed by District Judge Leonie M. Brinkema on 7/3/2023. (Dest) (Entered: 07/03/2023)

July 3, 2023

July 3, 2023

PACER
74

Memorandum in Support re 57 MOTION for Summary Judgment, 66 Cross MOTION for Summary Judgment (Corrected), Memorandum in Opposition filed by Lloyd Austin, III, Christine Wormuth. (Barghaan, Dennis) (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

PACER
75

NOTICE of Filing Re-Formatted Memorandum by Lloyd Austin, III, Christine Wormuth (Attachments: # 1 Re-Formatted Memorandum)(Barghaan, Dennis) Modified to correct docket event on 7/6/2023 (Dest). (Entered: 07/05/2023)

July 5, 2023

July 5, 2023

PACER
76

ORDERED that the hearing on defendants' Cross-Motion for Summary Judgment be and is RESCHEDULED to Friday, August 25, 2023, at 9:00 am, at which time all pending motions will be heard together. Signed by District Judge Leonie M. Brinkema on 07/07/2023. (tran) (Entered: 07/07/2023)

July 7, 2023

July 7, 2023

PACER

Reset Deadlines as to 66 Cross MOTION for Summary Judgment . Motion Hearing reset for 8/25/2023 at 09:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (tran)

July 7, 2023

July 7, 2023

PACER
77

MOTION to Incorporate by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Proposed Order)(Sidhu, Amandeep) (Entered: 07/13/2023)

July 13, 2023

July 13, 2023

PACER
78

Memorandum in Support re 77 MOTION to Incorporate filed by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Declaration of Peter Perkowski)(Sidhu, Amandeep) (Entered: 07/13/2023)

July 13, 2023

July 13, 2023

PACER
79

Notice of Hearing Date set for August 25, 2023, at 9:00 a.m. re 77 MOTION to Incorporate, 78 Memorandum in Support (Sidhu, Amandeep) (Entered: 07/13/2023)

July 13, 2023

July 13, 2023

PACER

Set Deadline as to 77 MOTION to Incorporate. Motion Hearing set for 8/25/2023 at 09:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, )

July 14, 2023

July 14, 2023

PACER
80

Memorandum in Opposition re 77 MOTION to Incorporate filed by Lloyd Austin, III, Christine Wormuth. (Barghaan, Dennis) (Entered: 07/27/2023)

July 27, 2023

July 27, 2023

PACER
81

RESPONSE in Opposition re 66 Cross MOTION for Summary Judgment and Reply in Support of Plaintiffs' Motion for Summary Judgment filed by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Exhibit A)(Sidhu, Amandeep) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

PACER
82

MOTION Request for Judicial Notice by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Proposed Order)(Sidhu, Amandeep) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

PACER
83

Memorandum in Support re 82 MOTION Request for Judicial Notice filed by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Sidhu, Amandeep) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

PACER
84

Notice of Hearing Date set for August 25th, at 10:00 a.m. re 82 MOTION Request for Judicial Notice, 83 Memorandum in Support, (Sidhu, Amandeep) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

PACER
85

MOTION to Exclude the Economic and Data Analysis Testimony of Dr. Paul Ciminera by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Proposed Order)(Sidhu, Amandeep) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

PACER
86

Memorandum in Support re 85 MOTION to Exclude the Economic and Data Analysis Testimony of Dr. Paul Ciminera filed by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Exhibit A, # 2 Exhibit A-1, # 3 Exhibit A-2, # 4 Exhibit A-3, # 5 Exhibit A-4, # 6 Exhibit B)(Sidhu, Amandeep) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

PACER
87

Notice of Hearing Date set for August 25th, at 10:00 a.m. re 86 Memorandum in Support, 85 MOTION to Exclude the Economic and Data Analysis Testimony of Dr. Paul Ciminera (Sidhu, Amandeep) (Entered: 07/28/2023)

July 28, 2023

July 28, 2023

PACER

Set Deadline as to 85 MOTION to Exclude the Economic and Data Analysis Testimony of Dr. Paul Ciminera. Motion Hearing set for 8/25/2023 at 09:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, )

July 31, 2023

July 31, 2023

PACER

Set Deadline as to 82 MOTION Request for Judicial Notice. Motion Hearing set for 8/25/2023 at 09:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (wgar, )

July 31, 2023

July 31, 2023

PACER
88

REPLY to Response to Motion re 77 MOTION to Incorporate filed by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Sidhu, Amandeep) (Entered: 08/02/2023)

Aug. 2, 2023

Aug. 2, 2023

PACER
89

MOTION to Seal Plaintiffs' Exhibits 3, 9 and 17 to Plaintiffs' Amended Statement of Undisputed Facts in Support of Plaintiffs' Motion for Summary Judgment by Carol Coe, Minority Veterans of America, Natalie Noe, Isaiah Wilkins. (Attachments: # 1 Proposed Order)(Sidhu, Amandeep) (Entered: 08/02/2023)

Aug. 2, 2023

Aug. 2, 2023

PACER

Case Details

State / Territory: Virginia

Case Type(s):

Equal Employment

Disability Rights

Key Dates

Filing Date: Nov. 10, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are three private citizens, who sought to enlist or re-enlist in the U.S. military but were unable to do so because of their HIV status, and the nonprofit organization Minority Veterans of America

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Secretary of Defense, Federal

U.S. Secretary of the Army, Federal

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Issues

General/Misc.:

Other

Discrimination Area:

Hiring

Discrimination Basis:

Disability (inc. reasonable accommodations)