Case: Ireland v. Hegseth

President Donald Trump

President Donald Trump

COMPLAINT against GARY ASHWORTH, PETER B. HEGSETH, THE UNITED STATES DEPARTMENT OF THE AIR FORCE, THE UNITED STATES OF AMERICA ( Filing and Admin fee $ 405 receipt number ANJDC-16094961), filed by LOGAN IRELAND, NICHOLAS BEAR BADE. (Attachments: # 1 Verifications, # 2 Civil Cover Sheet, # 3 Exhibit 1- EO 14168, # 4 Exhibit 2- EO 14183, # 5 Exhibit 3- Memo 1/31/25, # 6 Exhibit 4- Memo 2/4/25, # 7 Exhibit 5- Memo 2/7/25, # 8 Exhibit 6- Memo 2/26/25, # 9 Exhibit 7- Memo 2/28/25, # 10 Exhibit 8- Memo 3/1/25)(STAPLETON, JOHN) (Entered: 03/17/2025)

1 Verifications

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2 Civil Cover Sheet

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3 Exhibit 1- EO 14168

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4 Exhibit 2- EO 14183

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5 Exhibit 3- Memo 1/31/25

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6 Exhibit 4- Memo 2/4/25

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7 Exhibit 5- Memo 2/7/25

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8 Exhibit 6- Memo 2/26/25

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9 Exhibit 7- Memo 2/28/25

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10 Exhibit 8- Memo 3/1/25

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Add and Terminate Judges

Judge Christine P. O'Hearn and Magistrate Judge Ann Marie Donio added. (mmb)

NOTICE of Appearance by ELI SEGAL on behalf of NICHOLAS BEAR BADE, LOGAN IRELAND (SEGAL, ELI) (Entered: 03/18/2025)

NOTICE of Appearance by LOWRY YANKWICH on behalf of NICHOLAS BEAR BADE, LOGAN IRELAND (YANKWICH, LOWRY) (Entered: 03/18/2025)

MOTION for Temporary Restraining Order by NICHOLAS BEAR BADE, LOGAN IRELAND. (Attachments: # 1 Memorandum, # 2 Stapleton Declaration, # 3 Ireland Declaration, # 4 Bade Declaration, # 5 Baker Declaration, # 6 Brown Declaration, # 7 Cisneros Declaration, # 8 Skelly Declaration, # 9 Soper Declaration, # 10 Wagner Declaration, # 11 Certificate of Service)(STAPLETON, JOHN) (Entered: 03/18/2025)

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Letter from John S. Stapleton. (STAPLETON, JOHN) (Entered: 03/18/2025)

NOTICE of Appearance by JOHN GROGAN on behalf of NICHOLAS BEAR BADE, LOGAN IRELAND (GROGAN, JOHN) (Entered: 03/18/2025)

ORDER TO SHOW CAUSE WHY TEMPORARY RESTRAINING ORDER TO PREVENT INITIATION OF MILITARY ADMINISTRATIVE SEPARATION PROCEEDINGS AGAINST PLAINTIFFS SHOULD NOT BE ISSUED: Counsel for Defendants shall appear and SHOW CAUSE on 3/24/2025 at 10:00 AM in Camden - Courtroom 5A before Judge Christine P. O'Hearn, why an Order should not be entered; Opposition papers due by 3/20/2025 at 6:00 PM; Reply papers due by 3/21/2025 at 6:00 PM. Signed by Judge Christine P. O'Hearn on 3/18/2025. (mag) (Entered: 03/18/2025)

SUMMONS ISSUED as to GARY ASHWORTH, PETER B. HEGSETH, THE UNITED STATES DEPARTMENT OF THE AIR FORCE, THE UNITED STATES OF AMERICA. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (dmw) (Entered: 03/18/2025)

MOTION for Leave to Appear Pro Hac Vice (JENNIFER L. LEVI) by NICHOLAS BEAR BADE, LOGAN IRELAND. (Attachments: # 1 Stapleton Certification, # 2 Levi Certification, # 3 Text of Proposed Order, # 4 Certificate of Service)(STAPLETON, JOHN) (Entered: 03/18/2025)

NOTICE by All Defendants re 7 Order to Show Cause, (Attachments: # 1 Exhibit 1 - Talbott order, # 2 Exhibit 2 - Talbott memorandum opinion)(ROBINSON, JOHN) (Entered: 03/18/2025)

NOTICE of Appearance by JOHN ROBINSON on behalf of All Defendants (ROBINSON, JOHN) (Entered: 03/18/2025)

NOTICE by All Plaintiffs of Supplemental Authority (Attachments: # 1 Exhibit Talbott v. U.S. Order, # 2 Exhibit Talbott v. U.S. Opinion)(STAPLETON, JOHN) (Entered: 03/18/2025)

NOTICE by All Defendants re 7 Order to Show Cause, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(ROBINSON, JOHN) (Entered: 03/18/2025)

Set Deadlines as to 9 MOTION for Leave to Appear Pro Hac Vice (JENNIFER L. LEVI). Motion set for 4/21/2025 before Magistrate Judge Ann Marie Donio. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (js)

Set/Reset Motion and R&R Deadlines/Hearings

Set Deadlines as to 4 MOTION for Temporary Restraining Order . Motion set for 3/24/2025 at 10:00 AM in Camden - Courtroom 5A before Judge Christine P. O'Hearn. (dmr)

Order

NOTICE of Appearance by ELIZABETH BROOKE LAYENDECKER on behalf of All Defendants (LAYENDECKER, ELIZABETH) (Entered: 03/19/2025)

Letter from Elizabeth B. Layendecker. (LAYENDECKER, ELIZABETH) (Entered: 03/19/2025)

TEXT ORDER: The Court is in receipt of the Motion for Leave to Appear Pro Hac Vice by Jennifer L. Levi. (ECF No. 9). As the Court has scheduled a hearing for March 24, 2025, Defendants shall advise the Court as to any objection to the Motion by Friday at 12:00 p.m.,. So Ordered by Judge Christine P. O'Hearn on 3/19/2025. (dmw) (Entered: 03/19/2025)

LETTER ORDER Granting the Defendants' request for an increase in the page limit, from 30 pages to 40 pages in a 12-point proportional font, for their forthcoming opposition. Signed by Judge Christine P. O'Hearn on 3/19/2025. (sms2) (Entered: 03/20/2025)

AMENDED DOCUMENT by NICHOLAS BEAR BADE, LOGAN IRELAND. Amendment to 4 MOTION for Temporary Restraining Order AMENDED DECLARATION OF JOHN S. STAPLETON IN SUPPORT OF PLAINTIFFS' APPLICATION FOR TEMPORARY RESTRAINING ORDER. (Attachments: # 1 Exhibit A- 2016 RAND Study, # 2 Exhibit B- DTM 16-005, # 3 Exhibit C- DoD Ins. 6130.03, # 4 Exhibit D- Tweet, # 5 Exhibit E- White House Directive, # 6 Exhibit F- Mattis Plan, # 7 Exhibit G- EO 14004, # 8 Exhibit H- DoD Ins. 1300.28, # 9 Exhibit I- EO 14183 FAQ, # 10 Exhibit J- Sears Article, # 11 Exhibit K- NYT Book Review Article, # 12 Exhibit L- Movement Action Project, # 13 Exhibit M- NYT Article, # 14 Exhibit N- Panel Report, # 15 Exhibit O- Action Memo, # 16 Exhibit P- Medical Aspects of Transgender Military Service, # 17 Exhibit Q- Palm Center Report, # 18 Exhibit R- Army Directive 2016-30, # 19 Exhibit S- Army Directive 2016-35, # 20 Exhibit T- PRRI Analysis, # 21 Exhibit U- DoD Ins. 6130.03 Vol. 2, # 22 Exhibit V- Air Force Memo 2021-36-01, # 23 Exhibit W- DoD Ins. 1332.30, # 24 Exhibit X- DoD Ins. 1332.18, # 25 Exhibit Y- DoD Ins. 1332.14, # 26 Exhibit Z- Hearing Transcript)(STAPLETON, JOHN) (Entered: 03/20/2025)

SUMMONS Returned Executed by LOGAN IRELAND, NICHOLAS BEAR BADE. THE UNITED STATES OF AMERICA served on 3/19/2025, answer due 5/19/2025. (STAPLETON, JOHN) (Entered: 03/20/2025)

AFFIDAVIT of Service for Plaintiffs' Verified Complaint (Coversheet, Verification and Exhibits), Plaintiffs' Order to Show Cause Why a Temporary Restraining Order to Prevent Initiation of Military Administrative Separation Proceedings Should Not be Issued (Order to Show Cause, Memorandum of Law, Exhibits) served on Attorney General of the United States; Peter B. Hegseth, Secretary of Defense; The United States of America; Gary Ashworth, Acting Secretary of the Air Force; The United States Department of the Air Force on 3/19/2025, filed by NICHOLAS BEAR BADE, LOGAN IRELAND. (STAPLETON, JOHN) (Entered: 03/20/2025)

MEMORANDUM in Opposition filed by All Defendants re 4 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit 1 - 2018 DoD Report, # 2 Exhibit 2 - Carter Memo, # 3 Exhibit 3 - DoDI 6130.03, # 4 Exhibit 4 - Mattis Testimony, # 5 Exhibit 5 - August 2017 Presidential Memo, # 6 Exhibit 6 - March 2018 Presidential Memo, # 7 Exhibit 7 - Action Memo, # 8 Exhibit 8 - 2016 RAND Report, # 9 Exhibit 9 - 2016 Implementation Handbook, # 10 Exhibit 10 - 2025 Medical Literature Review, # 11 Exhibit 11 - 2021 AMSARA Study, # 12 Exhibit 12 - Declaration of Timothy Dill)(ROBINSON, JOHN) (Entered: 03/20/2025)

NOTICE of Appearance by ABHISHEK KAMBLI on behalf of All Defendants (KAMBLI, ABHISHEK) (Entered: 03/21/2025)

Pro Hac Vice Fee Received

ORDER granting 9 Motion for Leave to Appear Pro Hac Vice as to Jennifer L. Levi. Signed by Judge Christine P. O'Hearn on 03/21/2025. (aji, ) (Entered: 03/21/2025)

Pro Hac Vice fee for JENNIFER LEVI: $ 250, receipt number NEW51699 (jr)

REPLY BRIEF to Opposition to Motion filed by NICHOLAS BEAR BADE, LOGAN IRELAND re 4 MOTION for Temporary Restraining Order (Attachments: # 1 Exhibit A- Memo, March 21)(STAPLETON, JOHN) (Entered: 03/21/2025)

NOTICE by All Defendants re 7 Order to Show Cause, (Attachments: # 1 Exhibit 1)(LAYENDECKER, ELIZABETH) (Entered: 03/21/2025)

NOTICE by All Defendants re 7 Order to Show Cause, (Attachments: # 1 Exhibit 1 - Talbott Compliance Memo)(ROBINSON, JOHN) (Entered: 03/21/2025)

TEXT ORDER: The Order to Show Cause hearing presently set for March 24, 2025 at 10:00am is hereby rescheduled to March 24, 2025 at 9:30am TIME CHANGE ONLY. So Ordered by Judge Christine P. O'Hearn on 3/23/25. (hem, ) (Entered: 03/23/2025)

Order

ORDER Granting 4 Motion for TRO; ORDERED that this Temporary Restraining Order shall remain in effect for fourteen days from the date of this Order, unless otherwise extended by the Court. Signed by Judge Christine P. O'Hearn on 3/24/2025. (dmr) (Entered: 03/24/2025)

Minute Entry for proceedings held before Judge Christine P. O'Hearn: Show Cause Hearing held on 3/24/2025. Order to be entered. (Court Reporter: John Kurz (856-576-7094)) (sms2) (Entered: 03/24/2025)

Letter from Defendants seeking stay of TRO. (ROBINSON, JOHN) (Entered: 03/25/2025)

Letter from Plaintiffs Responding to Defendants' Letter (ECF 30). (STAPLETON, JOHN) (Entered: 03/26/2025)

Order

TEXT ORDER: The Court is in receipt of Defendants' Letter requesting a stay of the Temporary Restraining Order ("TRO"), (ECF No. 28), issued by the Court on March 24, 2025, (ECF No. 30), and Plaintiffs' Opposition thereto. (ECF No. 31). Defendants did not request a stay at the time the Court entered the TRO, and their current request fails to comply with Local Rule 7.1, which requires that all motions be accompanied with a brief or a letter stating no brief is necessary. As to the merits of the request, Defendants offer no explanation as to why a stay is warranted. Rather, Defendants merely assert, without citation to the relevant Rules of Civil Procedure or any supporting case law, that a stay is needed "so that they can proceed in an orderly fashion across the cases that challenge the same Executive Order and DoD policy." (ECF No. 30). Further, the record does not support a stay. Staying the TRO would return Plaintiffs to the unprotected status that prompted their Motion for a TRO, while leaving the TRO in place imposes no articulated burden on Defendants. Counsel's reliance on Department of Defense Policy, (ECF No. 26-1), which states that "no involuntary separation proceedings will begin before March 28, 2025," may change at any time and, given the Court's prior findings as to irreparable harm, the Court declines to accept counsel's uncertified assertion that no involuntary separations will occur before March 28, 2025. Accordingly, Defendants' request for a stay is DENIED. So Ordered by Judge Christine P. O'Hearn on 3/26/25. (hem, ) (Entered: 03/26/2025)

Transcript of Order to Show Cause Proceedings held on 3/24/2025, before Judge Christine P. O'Hearn. Court Reporter/Transcriber John Kurz (856-576-7094). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 4/16/2025. Redacted Transcript Deadline set for 4/28/2025. Release of Transcript Restriction set for 6/24/2025. (dmw) (Entered: 03/26/2025)

NOTICE by All Defendants re 7 Order to Show Cause, (Attachments: # 1 Exhibit 1 - Shilling compliance memo)(ROBINSON, JOHN) (Entered: 03/28/2025)

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NOTICE by NICHOLAS BEAR BADE, LOGAN IRELAND (Attachments: # 1 Exhibit A- Shilling Order)(STAPLETON, JOHN) (Entered: 04/04/2025)

Notice to be terminated and withdraw from Notices of Electronic filing as to case. Attorney JOHN ROBINSON terminated. (ROBINSON, JOHN) (Entered: 04/04/2025)