Case: Log Cabin Republicans v. United States

2:04-cv-08425 | U.S. District Court for the Central District of California

Filed Date: Oct. 12, 2004

Closed Date: Nov. 9, 2011

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research the case]. This is a national injunction case. This case challenged the applicability of the "Don't Ask, Don't Tell" (DADT) policy. The plaintiffs argued that DADT violated their members' rights to substantive due process under the Fifth Amendment and freedom of speech, association, and petition under the First Amendment. 

Summary Authors

Madilynn O'Hara (1/19/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4143075/parties/log-cabin-republicans-v-united-states-of-america/


Judge(s)
Attorney for Plaintiff

Aenlle-Rocha, Fernando Lazoro (California)

Hameed, Sayema Javed (California)

Hunnius, Patrick O (California)

Attorney for Defendant

Freeborne, Paul G. (California)

Gardner, Joshua Edward (California)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
136

2:04-cv-08425

Notice of Motion and Motion for Summary Judgment

March 29, 2010

March 29, 2010

Pleading / Motion / Brief
140

2:04-cv-08425

Memorandum

April 5, 2010

April 5, 2010

Pleading / Motion / Brief
170

2:04-cv-08425

Order Denying in Part Motion for Summary Judgment

May 27, 2010

May 27, 2010

Order/Opinion

2010 WL 11507027

232

2:04-cv-08425

Memorandum Opinion

Sept. 9, 2010

Sept. 9, 2010

Order/Opinion
251

2:04-cv-08425

Findings of Fact and Conclusions of Law

Oct. 12, 2010

Oct. 12, 2010

Order/Opinion
249

2:04-cv-08425

Order Granting Preliminary Injunction

Oct. 12, 2010

Oct. 12, 2010

Order/Opinion
252

2:04-cv-08425

Judgment and Permanent Injunction

Oct. 12, 2010

Oct. 12, 2010

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4143075/log-cabin-republicans-v-united-states-of-america/

Last updated Oct. 28, 2025, 7:59 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Defendants Donald H Rumsfeld, United States of America. (Filing fee $ 150.), filed by plaintiff Log Cabin Republicans. (jp, ) (Entered: 10/15/2004)

Oct. 12, 2004

Oct. 12, 2004

2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Log Cabin Republicans. (jp, ) (Entered: 10/15/2004)

Oct. 12, 2004

Oct. 12, 2004

3

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Log Cabin Republicans. (jp, ) (Entered: 10/15/2004)

Oct. 12, 2004

Oct. 12, 2004

60 Days Summons Issued re Complaint - (Discovery) 1 as to Defendants Donald H Rumsfeld, United States of America. (jp, )

Oct. 12, 2004

Oct. 12, 2004

FAX number for Attorneys Sayema Javed Hameed, C Martin Meekins, Dan J Woods is 213-687-0758. (jp, )

Oct. 12, 2004

Oct. 12, 2004

4

PROOF OF SERVICE Executed by plaintiff Log Cabin Republicans, upon United States of America served on 10/13/2004, answer due 12/12/2004. The Summons and Complaint were served by personal, by Federal statute. Service accepted by Laura Villa, civil process clerk on behalf of United States of America. Original Summons not returned. (bp, ) (Entered: 10/22/2004)

Oct. 18, 2004

Oct. 18, 2004

6

EX PARTE APPLICATION for an Order Enlarging Time to File Defendants' Answer, Motion or Otherwise Respond to Complaint - (Discovery) 1 to and including 1/12/05; Declaration of Paul G Freeborne filed by Defendants United States of America, Donald H Rumsfeld. Lodged Proposed Order. (shb, ) (Entered: 12/15/2004)

Dec. 9, 2004

Dec. 9, 2004

5

MINUTES OF IN CHAMBERS ORDER by Judge George P. Schiavelli : The Court has received Defendants Ex Parte Application for an Order Enlarging Time to File Defendants answer, motion or otherwise respond and Opposition thereto. The application is hereby GRANTED. Defendants shall have until 1/12/2005 to file an answer or otherwise respond to the Complaint.Court Reporter: Not Present. (el, ) (Entered: 12/14/2004)

Dec. 13, 2004

Dec. 13, 2004

7

OPPOSITION to EX PARTE APPLICATION for Extend Time to File Answer to 1/12/2005 re Complaint - (Discovery) 1 [6; Declaration of Dan Woods, Proposed Order Denying Application filed by Plaintiff Log Cabin Republicans. (shb, ) (Entered: 12/15/2004)

Dec. 13, 2004

Dec. 13, 2004

8

NOTICE of Interested Parties filed by Defendants United States of America, Donald H Rumsfeld. (jp, ) (Entered: 12/16/2004)

Dec. 13, 2004

Dec. 13, 2004

9

NOTICE OF MOTION AND MOTION to Dismiss; Memorandum of points and authorities filed by Defendants United States of America, Donald H Rumsfeld. Motion set for hearing on 1/24/2005 at 01:30 PM before Honorable George P. Schiavelli. (shb, ) (Entered: 12/17/2004)

Dec. 13, 2004

Dec. 13, 2004

10

STIPULATION AND ORDER by Judge George P. Schiavelli : That: 1. The Defendants shall file their reply brief in support of their motion to dismiss on or before 1/31/2005. 2. Defendants MOTION to Dismiss 9, shall be heard on 2/7/2005 at 1:30 p.m. in Courtroom 7 of the Spring Street Federal Courthouse, 255 East Temple Street, Los Angeles. (el, ) (Entered: 01/10/2005)

Jan. 6, 2005

Jan. 6, 2005

11

MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to Defendants MOTION to Dismiss 9 filed by Plaintiff Log Cabin Republicans. (el, ) (Entered: 01/12/2005)

Jan. 10, 2005

Jan. 10, 2005

12

MEMORANDUM in Support of MOTION to Dismiss Case 9 filed by defendants United States of America. (yc, ) (Entered: 02/03/2005)

Jan. 31, 2005

Jan. 31, 2005

13

MINUTES OF IN CHAMBERS: The MOTION to Dismiss Case 9 is hereby CONTINUED TO 3/7/2005 at 01:30 PM by Judge George P. Schiavelli.Court Reporter: Not Present. (pj, ) (Entered: 02/07/2005)

Feb. 4, 2005

Feb. 4, 2005

14

NOTICE OF ERRATA filed by Plaintiff Log Cabin Republicans. correcting MEMORANDUM in Opposition to Motion 11 (bp, ) (Entered: 03/02/2005)

Feb. 28, 2005

Feb. 28, 2005

15

MINUTES OF IN CHAMBERS ORDER by Judge George P. Schiavelli: Court takes MOTION to Dismiss Case 9 under submission and off calendar. Court will issue a ruling after full consideration of the submitted pleadings. Court Reporter: Not present. (pg, ) (Entered: 03/03/2005)

March 2, 2005

March 2, 2005

16

SUBMISSION OF SUPPLEMENTAL AUTHORITY in support of its opposition to MOTION to Dismiss Case 9 filed by plaintiff Log Cabin Republicans. (jag, ) (Entered: 06/28/2005)

June 20, 2005

June 20, 2005

17

RESPONSE to Plaintiffs Submission of Supplemental Authority; Notice of Supplemental Authority in support of Defendants Motion to dismiss 9 filed by Defendants United States of America, Donald H Rumsfeld. (ir, ) (Entered: 07/13/2005)

June 29, 2005

June 29, 2005

18

JOINT REQUEST for determination in accordance with Local Rule 83-9.1 and 83-9.2 (jag, ) (Entered: 07/19/2005)

July 8, 2005

July 8, 2005

19

REQUEST FOR JUDICIAL NOTICE in support of Opposition to MOTION to Dismiss 9 filed by plaintiff Log Cabin Republicans. (ca, ) (Entered: 10/03/2005)

Sept. 28, 2005

Sept. 28, 2005

20

RESPONSE to Request for Judicial Notice 19 filed by Defendants United States of America, Donald H Rumsfeldto. (ca, ) (Entered: 10/17/2005)

Oct. 12, 2005

Oct. 12, 2005

21

Defendants' Submission of Supplemental Authority in Support of Motion to Dismiss 9 filed by Defendants United States of America, Donald H Rumsfeld. (shb, ) (Entered: 12/16/2005)

Dec. 8, 2005

Dec. 8, 2005

22

RESPONSE to Submission of Supplemental Authority filed by Plaintiff Log Cabin Republicans (jag, ) (Entered: 12/21/2005)

Dec. 19, 2005

Dec. 19, 2005

23

REQUEST for intended decision date in accordance with LR 83-9.4 and 93-9.5 (jag, ) (Entered: 03/20/2006)

March 13, 2006

March 13, 2006

24

ORDER by Judge George P. Schiavelli; Defendants MOTION to Dismiss 9 is GRANTED on the grounds that LCR lacks associational standing. LCR is permitted to file and serve an Amended Complaint in compliance with this order on or before 4/28/06. (Made JS-6. Case Terminated.)(jag, ) (Entered: 03/22/2006)

March 21, 2006

March 21, 2006

RECAP
25

FIRST AMENDED COMPLAINT against defendants United States of America, Donald H Rumsfeld amending Complaint - (Discovery) 1 filed by plaintiff Log Cabin Republicans (jag, ) (Entered: 05/01/2006)

April 28, 2006

April 28, 2006

26

DECLARATION of JOHN ALEXANDER NICHOLSON filed by Plaintiff Log Cabin Republicans. (jag, ) (Entered: 05/08/2006)

April 28, 2006

April 28, 2006

27

STIPULATION RE MOTION TO DISMISS Plaintiff's First Amended Complaint, Plainitff's Opposition; Defendant's Reply Brief in Support of Motion to Dismiss and Order Thereon: IT IS HEREBY STIPULATED AND AGREED THAT: 1. The Defendants shall file their moiton to dismiss on or before June 12, 2006. 2. The plaintiff will file its opposition on or before June 30, 2006. 3. The defendants will file their reply brief in support of their motion to dismiss on 7/7/2006. 4. Defendant's motion to dismiss shall be heard on July 24, 2006 at 1:30 pm in courtroom 7 of the Spring Street Federal Courthouse by Judge George P. Schiavelli (yl, ) (Entered: 05/15/2006)

May 11, 2006

May 11, 2006

28

NOTICE of Interested Parties filed by Defendants United States of America, Donald H Rumsfeld. (yl, ) (Entered: 06/14/2006)

June 12, 2006

June 12, 2006

29

NOTICE OF MOTION AND MOTION to Dismiss Action with prejudice; Memorandum of Points and Authorities in support of motion to dismiss filed by Defendants United States of America, Donald H Rumsfeld. Motion set for hearing on 7/24/2006 at 01:30 PM before Judge George P. Schiavelli. (ir, ) (Entered: 06/21/2006)

June 12, 2006

June 12, 2006

30

MEMORANDUM of points and authorities in Opposition to Defendant's MOTION to Dismiss Plaintiff's First Amended Complaint 29 filed by Plaintiff Log Cabin Republicans. (shb, ) (Entered: 07/03/2006)

June 30, 2006

June 30, 2006

31

REPLY IN SUPPORT OF Motion to Dismiss First Amended Complaint 29 filed by Defendant United States of America, Donald H Rumsfeld. (yl, ) (Entered: 07/12/2006)

July 7, 2006

July 7, 2006

32

MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli: Defendants' MOTION to Dismiss Plaintiff's First Amended Complaint 29 currently set to be heard on July 24, 2006 is taken off calendar. The Court will reschedule a hearing date after further consideration of the parties' submissions. Court Reporter: Not Present. (shb, ) (Entered: 07/17/2006)

July 14, 2006

July 14, 2006

33

JOINT REQUEST for Determination in Accordance with Local Rule 83-9.1 and 83-9.2. (gk, ) (Entered: 11/28/2006)

Nov. 14, 2006

Nov. 14, 2006

34

MINUTES (IN CHAMBERS) by Judge George P. Schiavelli: The Court has received the parties Joint Request for Determination 33 . This Order is to notify the parties that the Court recently discovered that the case file was destroyed because it was inadvertently marked "Closed" by courthouse staff. The Court, however, was able to recover what appears to be copies of the filings. Accordingly, this Court will review the copies to make sure it has all of the materials that wre taken under submission on 7/14/2006, and set a hearing at a future date. (Case reopened. MD JS-5.) Court Reporter: Not Present. (gk, ) (Entered: 11/28/2006)

Nov. 27, 2006

Nov. 27, 2006

35

REQUEST FOR INTENDED DECISION Date in Accordance with LR 83-9.4 and 83-9.5 filed by Defendants United States of America, Donald H Rumsfeld. (yl, ) (Entered: 01/30/2007)

Jan. 12, 2007

Jan. 12, 2007

36

MINUTES (IN CHAMBERS) by Judge George P. Schiavelli: RE: MOTION to Dismiss 29 . The Court places the above referenced motion on calendar for 6/18/2007 at 1:30 PM. Court Reporter: Not present. (pcl, ) (Entered: 03/27/2007)

March 26, 2007

March 26, 2007

38

NOTICE of Supplemental Authority filed by defendants United States of America, Donald H Rumsfeld. (ad) (Entered: 06/27/2007)

June 6, 2007

June 6, 2007

37

MINUTES (IN CHAMBERS) by Judge George P. Schiavelli: Order requiring Plaintiff to file "John Doe" Declaration. Plaintiff is ordered to file this anonymous declaration by 7/11/2007. (See document for further details.) (pcl) (Entered: 06/08/2007)

June 7, 2007

June 7, 2007

39

DECLARATION of John Doe filed by Plaintiff Log Cabin Republicans. (ad) (Entered: 06/27/2007)

June 11, 2007

June 11, 2007

40

REPORTERS TRANSCRIPT filed for proceedings held on 6/18/07. Court Reporter: Pamela Cotten. (klg) (Entered: 07/13/2007)

June 28, 2007

June 28, 2007

41

SUPPLEMENTAL AUTHORITY in Support of Plaintiff Log Cabin Republicans' Opposition to MOTION to Dismiss Case 29 filed by Plaintiff Log Cabin Republicans. (tad) (Entered: 10/25/2007)

Oct. 24, 2007

Oct. 24, 2007

42

JOINT REQUEST for Decision in Accordance with Local Rule 83-9.2 filed by Plaintiff Log Cabin Republicans, and Defendants United States of America. (tad) (Entered: 10/25/2007)

Oct. 24, 2007

Oct. 24, 2007

43

MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli : Court permits plaintiff's supplemental argument in support of opposition to defendants' motion to dismiss; the Court will allow defendants to file an opposition brief by 11/5/07; plaintiff has until 11/12/07 to file a reply; additionally, as a consequence of the Court's accepting plaintiff's supplemental memorandum,the Joint REQUEST for a decision is denied as moot 42 . (lc) (Entered: 10/29/2007)

Oct. 26, 2007

Oct. 26, 2007

44

RESPONSE to Plaintiff's Supplemental Authority in SUPPORT of Plaintiff's Opposition to MOTION to Dismiss 29 filed by Defendants United States of America, Donald H Rumsfeld. (vh) (Entered: 11/08/2007)

Nov. 5, 2007

Nov. 5, 2007

45

REPLY in support of plaintiff's supplemental authority in opposition to MOTION to Dismiss 29 filed by Plaintiff Log Cabin Republicans. (lc) (Entered: 11/21/2007)

Nov. 13, 2007

Nov. 13, 2007

46

Joint Request For Decision In Accordance With Local Rule 83-9.2 filed by Plaintiff Log Cabin Republicans, Defendants United States of America, Donald H Rumsfeld (Hunnius, Patrick) (Entered: 03/20/2008)

March 20, 2008

March 20, 2008

47

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found wrong event: miscellaneous document; correct event found under Request category: ruling (for your "request for a decision), action was or will be taken by filer: RE Miscellaneous Document 46 (lc) (Entered: 03/21/2008)

March 20, 2008

March 20, 2008

48

NOTICE of Change of Attorney Information for attorney Patrick O Hunnius counsel for Plaintiff Log Cabin Republicans. Adding Patrick Hunnius as attorney as counsel of record for Log Cabin Republicans for the reason indicated in the G-06 Notice. Filed by Plaintiff Log Cabin Republicans (Hunnius, Patrick) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

49

NOTICE of Change of Attorney Information for attorney Patrick O Hunnius counsel for Plaintiff Log Cabin Republicans.Timothy M. Rusche is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Log Cabin Republicans (Hunnius, Patrick) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

50

NOTICE of Change of Attorney Information for attorney Patrick O Hunnius counsel for Plaintiff Log Cabin Republicans.C. Martin Meekins is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Log Cabin Republicans (Hunnius, Patrick) (Entered: 04/08/2008)

April 8, 2008

April 8, 2008

51

Joint REQUEST for Ruling To Chief Judge re Motion to Dismiss filed by Plaintiff Log Cabin Republicans. (Hunnius, Patrick) (Entered: 04/30/2008)

April 30, 2008

April 30, 2008

RECAP
52

MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli : Order Staying Action in Light of Ninth Circuits May 21, 2008 Decision in Witt v. Department of Air Force, et al.Accordingly, the submission of the motion is VACATED, and further proceedings in this action are STAYED pending the final disposition in Witt. (lc) (Entered: 05/23/2008)

May 23, 2008

May 23, 2008

RECAP
53

EX PARTE APPLICATION to Vacate Minutes of In Chambers Order/Directive - no proceeding held, Case Stayed,, 52 filed by Plaintiff Log Cabin Republicans. (Attachments: # 1 Proposed Order Granting Log Cabin Republicans' Ex Parte Application to Vacate Stay)(Hunnius, Patrick) (Entered: 05/30/2008)

May 30, 2008

May 30, 2008

54

Opposition to Plaintiff's Ex Parte Application for Order Vacating Stay filed by Defendants United States of America, Donald H Rumsfeld re: EX PARTE APPLICATION to Vacate Minutes of In Chambers Order/Directive - no proceeding held, Case Stayed,, 52 EX PARTE APPLICATION to Vacate Minutes of In Chambers Order/Directive - no proceeding held, Case Stayed,, 52 53 (West, Roger) (Entered: 06/02/2008)

June 2, 2008

June 2, 2008

55

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: wrong event: miscellaneous; correct event found under motion related documents: memorandum in opposition RE: Miscellaneous Document, 54 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (lc) (Entered: 06/03/2008)

June 3, 2008

June 3, 2008

56

MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli: re: EX PARTE APPLICATION to Vacate Minutes of In Chambers Order/Directive - no proceeding held, Case Stayed,, 52 EX PARTE APPLICATION to Vacate Minutes of In Chambers Order/Directive - no proceeding held, Case Stayed,, 52 53 . (tad) (Entered: 07/01/2008)

July 1, 2008

July 1, 2008

57

NOTICE OF APPEAL to the 9th CCA filed by PLAINTIFFLog Cabin Republicans. (Attachments: # 1 Exhibit EXH. A TO NOTICE OF APPEAL)(Hunnius, Patrick) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

RECAP
58

Civil Appeals Docketing Statement received from PLAINTIFF Log Cabin Republicans forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals 57 (Hunnius, Patrick) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

59

NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to 9th Circuit Court of Appeals 57 as to Plaintiff Log Cabin Republicans. (lr) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

RECAP
60

CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th Circuit Court of Appeals 57 filed by Log Cabin Republicans ; Court of Appeals Case Number: 08-56185. Transcripts: None Requested. (lr) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

61

FILING FEE LETTER issued as to Plaintiff Log Cabin Republicans, re a $5.00 filing fee and $450.00 docket fee are requiree to be paid to the Clerk, U.S. District Court. re Notice of Appeal to 9th Circuit Court of Appeals 57 (lr) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

62

NOTIFICATION by Circuit Court of Appellate Docket Number 08-56185, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals 57 as to Plaintiff Log Cabin Republicans. (lr) (Entered: 07/22/2008)

July 22, 2008

July 22, 2008

63

APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 57 as to Plaintiff Log Cabin Republicans; Receipt Number: 109617, Paid in the amount of $455. (lr) (Entered: 07/23/2008)

July 22, 2008

July 22, 2008

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Notice of Appeal to 9th Circuit Court of Appeals 57 (lr)

July 22, 2008

July 22, 2008

64

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 57 filed by Log Cabin Republicans, CCA # 08-56185. Within 21 days after the date of this order, appellant shall pay to the district court the $455.00 filing and docketing fees for this appeal and file in this court proof of such payment. Within 21 dyas after the date of this order, appellant shall move for voluntary dismissal of the appeal or show case why it should not be dismissed for lack of jurisdiction. (cbr) (Entered: 07/30/2008)

July 29, 2008

July 29, 2008

65

ORDER OF THE CHIEF JUDGE (#08-078) approved by Chief Judge Alicemarie H. Stotler, with the concurrence of the Case Management and Assignment Committee, this case is transferred, from Judge George P. Schiavelli, to the calendar of Judge Virginia A. Phillips, for all further proceedings. The case number will now reflect the initials of the transferee Judge CV04-8425 VAP (Ex). (at) (Entered: 10/10/2008)

Oct. 8, 2008

Oct. 8, 2008

RECAP
66

ORDER OF THE CHIEF JUDGE (#08-078) approved by Chief Judge Alicemarie H. Stotler, with the concurrence of the Case Management and Assignment Committee, this case is transferred, from Judge George P. Schiavelli, to the calendar of Judge Virginia A. Phillips, for all further proceedings. The case number will now reflect the initials of the transferee Judge CV04-8425 VAP (Ex). (at) (Entered: 10/10/2008)

Oct. 8, 2008

Oct. 8, 2008

68

STANDING ORDER by Judge Virginia A. Phillips, READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (am) (Entered: 11/10/2008)

Nov. 4, 2008

Nov. 4, 2008

67

ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 57 filed by Log Cabin Republicans, CCA # 08-56185. Appeal is dismissed for lack of jurisidction. Order received in this district on 11/6/08. (car) (Entered: 11/10/2008)

Nov. 6, 2008

Nov. 6, 2008

69

MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 57, CCA # 08-56185. The court dismisses this appeal for lack of jurisdiction. Mandate received in this district on 12/1/2008. (dmap) (Entered: 12/03/2008)

Dec. 1, 2008

Dec. 1, 2008

70

PROOF OF SERVICE filed by Plaintiff Log Cabin Republicans, of Notice of Standing Order served on 12/11/2008. (Hunnius, Patrick) (Entered: 12/11/2008)

Dec. 11, 2008

Dec. 11, 2008

71

STATUS REPORT AND REQUEST FOR STATUS CONFERENCE filed by Plaintiff Log Cabin Republicans. (Hunnius, Patrick) (Entered: 12/11/2008)

Dec. 11, 2008

Dec. 11, 2008

72

MINUTES OF IN CHAMBERS ORDER held before Judge Virginia A. Phillips: COUNSEL ARE NOTIFIED that a status conference is set for Wednesday, January 28,2009 at 9:00 a.m. The parties shall file a joint status report on or before January 21, 2009 (am) (Entered: 12/17/2008)

Dec. 17, 2008

Dec. 17, 2008

73

STATUS REPORT Joint Status Report filed by Plaintiff Log Cabin Republicans, Defendant United States of America. (Hunnius, Patrick) (Entered: 01/21/2009)

Jan. 21, 2009

Jan. 21, 2009

74

ORDER from 9th CCA filed, CCA # 08-73194. Petitioner has not demonstrated that this case warrants the intervention of this courtby means of the extraordinary remedy of mandamus. Accordingly, the petition is denied. (cbr) (Entered: 01/23/2009)

Jan. 22, 2009

Jan. 22, 2009

75

MINUTES OF IN CHAMBERS ORDER held before Judge Virginia A. Phillips: COUNSEL ARE NOTIFIED that on the Court's own motion, the status conference presently scheduled for Wednesday, January 28, 2009 at 9:00 a.m. is ordered continued to Thursday, January 29, 2009 at 9:00 a.m. ( Status Conference set for 1/29/2009 09:00 AM before Judge Virginia A. Phillips.) (mrgo) (Entered: 01/26/2009)

Jan. 26, 2009

Jan. 26, 2009

76

MINUTES OF Status Conference held before Judge Virginia A. Phillips: The Court will allow supplemental briefing on the issue of substantive due process. The defendant shall file its supplemental opening brief on or before February 17, 2009; the plaintiff shall file response on or before February 27, 2009. The Court sets defendants motion to dismiss for March 9, 2009 at 10:00 a.m. before Judge Virginia A. PhillipsCourt Reporter: Phyllis Preston. (am) (Entered: 02/02/2009)

Jan. 29, 2009

Jan. 29, 2009

77

NOTICE OF MOTION AND Supplemental MOTION to Dismiss Case Addressing The Issue of Substantive Due Process filed by Federal Defendants United States of America, Donald H Rumsfeld. Motion set for hearing on 3/9/2009 at 10:00 AM before Judge Virginia A. Phillips. (Freeborne, Paul) (Entered: 02/17/2009)

Feb. 17, 2009

Feb. 17, 2009

78

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Motion date is not timely. Only 20 days notice. RE: Supplemental MOTION to Dismiss Case Addressing The Issue of Substantive Due Process 77 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mrgo) (Entered: 02/23/2009)

Feb. 23, 2009

Feb. 23, 2009

79

Opposition re: Supplemental MOTION to Dismiss Case Addressing The Issue of Substantive Due Process 77 filed by Plaintiff Log Cabin Republicans. (Hunnius, Patrick) (Entered: 02/27/2009)

Feb. 27, 2009

Feb. 27, 2009

81

MINUTES OF Motion Hearing re Defendants Motion to Dismiss, filed 2/17/09 held before Judge Virginia A. Phillips: Court issues a tentative ruling, hears oral argument and takes the matter under submission.Court Reporter: Phyllis Preston. (am) (Entered: 03/10/2009)

March 9, 2009

March 9, 2009

RECAP
80

NOTICE of Change of Attorney Information for attorney Patrick O Hunnius counsel for Plaintiff Log Cabin Republicans. Sayema Hameed will no longer receive service of documents from the Clerks Office for the reason indicated in the G-06 Notice.Sayema Hameed is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Plaintiff Log Cabin Republicans (Hunnius, Patrick) (Entered: 03/10/2009)

March 10, 2009

March 10, 2009

83

ORDER by Judge Virginia A. Phillips: granting in part and denying in part defendants' 29 Motion to Dismiss Case. The Court DENIES the Motion insofar as it attacks Plaintiff's standing to bring suit; DENIES the Motion as to Plaintiff's substantive due process claim; GRANTS the Motion as to Plaintiff's equal protection claim; and GRANTS IN PART and DENIES IN PART the Motion as to Plaintiff's First Amendment claim. (See document for further specifics) (mrgo) (Entered: 06/11/2009)

June 9, 2009

June 9, 2009

RECAP
82

MINUTES OF IN CHAMBERS ORDER held before Judge Virginia A. Phillips: COUNSEL ARE NOTIFIED that on the Court's own motion a status conference will be held on Monday, June 22, 2009 at 1:30 p.m. ( Status Conference set for 6/22/2009 01:30 PM before Judge Virginia A. Phillips.) (mrgo) (Entered: 06/10/2009)

June 10, 2009

June 10, 2009

84

MINUTES OF IN CHAMBERS ORDER (1) VACATING JUNE 22, 2009 STATUS CONFERENCE; (2) SETTING MATTER FOR JULY 6, 2009 SCHEDULING CONFERENCE held before Judge Virginia A. Phillips: ( Scheduling Conference set for 7/6/2009 at 01:30 PM before Judge Virginia A. Phillips.) (mrgo) (Entered: 06/22/2009)

June 18, 2009

June 18, 2009

85

STIPULATION for Extension of Time to File Answer to First Amended Complaint filed by Defendants United States of America, Donald H Rumsfeld. (Attachments: # 1 Proposed Order)(Freeborne, Paul) (Entered: 06/25/2009)

June 25, 2009

June 25, 2009

86

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial not specified, filed by Plaintiff Log Cabin Republicans, Defendants United States of America, Donald H Rumsfeld.. (Hunnius, Patrick) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

87

NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before Magistrate Judge for settlement proceedings. Filed by Plaintiff Log Cabin Republicans, Defendants United States of America, Donald H Rumsfeld.(Hunnius, Patrick) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

88

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: A proposed ADR-01 Order form is needed as a separate attachment to the Notice & Request or to a Notice of Lodging. RE: Notice/Request of Settlement Procedure Settlement (Sp 1) - (ADR-1), Notice/Request of Settlement Procedure Settlement (Sp 1) - (ADR-1) 87 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mrgo) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

89

MINUTES OF Scheduling Conference held before Judge Virginia A. Phillips: The Court will allow the parties to enter into a stipulation setting forth the trialschedule, motion and discovery cut-off dates. The Court will consider a proposedschedule for fact discovery at the end of January 2010; expert disclosures, January 2010;summary judgment hearing cut-off, end of April, 2010; pretrial conference, June 2010; trial, June, 2010. The Court will consider vacating the discovery referral to the magistrate judge. By stipulation of the parties, the Court extends the time to file the answer on or before July 16, 2009.Court Reporter: Phyllis Preston. (am) (Entered: 07/08/2009)

July 7, 2009

July 7, 2009

90

ANSWER to Amended Complaint 25 filed by Defendants United States of America, Donald H Rumsfeld.(Freeborne, Paul) (Entered: 07/14/2009)

July 14, 2009

July 14, 2009

91

MINUTES OF IN CHAMBERS ORDER held before Judge Virginia A. Phillips DENYING Defendants' Request Regarding Discovery re Joint Report Rule 26(f) Discovery Plan 86 and Scheduling Conference 89 . See attached Minute Order for further details. (gg) (Entered: 07/27/2009)

July 24, 2009

July 24, 2009

92

SCHEDULING ORDER by Judge Virginia A. Phillips: Deadline for initial designation of expert witnesses is 1/5/2010; Deadline for designation of rebuttal expert witnesses is 1/19/10; Discovery cut-off is 3/15/2010; Summary Judgment Motion Hearing Cut-off is 4/26/2010; Pretrial Conference is set for 6/7/2010 at 02:30 PM; and Court Trial is set for 6/14/2010, at 08:30 AM. (gg) (Entered: 07/27/2009)

July 24, 2009

July 24, 2009

93

NOTICE OF MOTION AND MOTION to Certify Order for Interlocutory Appeal filed by Defendants United States of America, Donald H Rumsfeld. Motion set for hearing on 11/16/2009 at 01:30 PM before Judge Virginia A. Phillips. (Attachments: # 1 Proposed Order, # 2 Exhibit)(Freeborne, Paul) (Entered: 10/16/2009)

Oct. 16, 2009

Oct. 16, 2009

94

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Hearing time should be 10:00 AM instead of 1:30 PM. RE: MOTION to Certify Order for Interlocutory Appeal 93 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (mrgo) (Entered: 10/20/2009)

Oct. 20, 2009

Oct. 20, 2009

95

RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS by Clerk. The document is accepted as filed. The hearing date has been rescheduled to 11/16/09 @ 10:00 a.m. RE: MOTION to Certify Order for Interlocutory Appeal 93 (am) (Entered: 10/22/2009)

Oct. 22, 2009

Oct. 22, 2009

96

MEMORANDUM in Opposition to MOTION to Certify Order for Interlocutory Appeal 93 filed by Plaintiff Log Cabin Republicans. (Hunnius, Patrick) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

97

DECLARATION of Aaron Kahn In Opposition MOTION to Certify Order for Interlocutory Appeal 93 filed by Plaintiff Log Cabin Republicans. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hunnius, Patrick) (Entered: 11/02/2009)

Nov. 2, 2009

Nov. 2, 2009

Case Details

State / Territory:

California

Case Type(s):

Equal Employment

Key Dates

Filing Date: Oct. 12, 2004

Closing Date: Nov. 9, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An organization composed of LGBTQ Republicans.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Other Dockets:

Central District of California 2:04-cv-08425

U.S. Court of Appeals for the Ninth Circuit 10-56634

U.S. Court of Appeals for the Ninth Circuit 10-56813

Available Documents:

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

National / Universal injunction

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

LGBTQ+:

LGBTQ+