Case: National Coalition for Men v. Selective Service System

National Coalition for Men et al. v. Selective Service System et al.

COMPLAINT Receipt No: ACACDC-37467359 - Fee: $405, filed by National Coalition for Men National Coalition for Men. (Attorney Nadine Lewis added to party National Coalition for Men (pty:pla))(Lewis, Nadine) (Entered: 05/14/2024)

CIVIL COVER SHEET filed by Plaintiff National Coalition for Men. (Lewis, Nadine) (Entered: 05/14/2024)

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 2, Complaint (Attorney Civil Case Opening) 1 filed by National Coalition for Men National Coalition for Men. (Lewis, Nadine) (Entered: 05/14/2024)

NOTICE of Interested Parties filed by National Coalition of Men All Plaintiffs, identifying All male U.S. Citizens and male immigrant non-citizens between the ages 18 and 25.. (Attorney Nadine Lewis added to party Jordan Falcon(pty:pla), Attorney Nadine Lewis added to party Conor McKiernan(pty:pla), Attorney Nadine Lewis added to party Tyler McNamara(pty:pla), Attorney Nadine Lewis added to party Nicolas Mendiola(pty:pla), Attorney Nadine Lewis added to party Nicholas Milillo(pty:pla))(Lewis, Nadine) (Entered: 05/14/2024)

NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Charles F. Eick. (car) (Entered: 05/15/2024)

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) (Entered: 05/15/2024)

Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) (Entered: 05/15/2024)

60 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Selective Service System, Joel C. Spangenberg. (car) (Entered: 05/15/2024)

STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 05/16/2024)

ORDER RE TRANSFER to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. (Related Case) filed. Transfer of case declined by Judge Dale S. Fischer, for the reasons set forth on this order. Related Case No. 2:13-cv-02391 DSF(MANx) (rn) (Entered: 05/20/2024)

PROOF OF SERVICE Executed by Plaintiff Jordan Falcon, Conor McKiernan, Tyler McNamara, Nicholas Milillo, National Coalition for Men, Nicolas Mendiola, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk. Executed upon the Attorney Generals Office of the United States by delivering a copy to Civil Process Clerk. Executed upon the officer agency or corporation by delivering a copy to Agent for Service of Process. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. (Lewis, Nadine) (Entered: 05/22/2024)

PROOF OF SERVICE filed by Plaintiff Jordan Falcon, Conor McKiernan, Tyler McNamara, Nicolas Mendiola, Nicholas Milillo, National Coalition for Men, re Initial Order upon Filing of Complaint - form only 9 served on 05/21/2024. (Lewis, Nadine) (Entered: 05/22/2024)

APPLICATION of Non-Resident Attorney Michael J. Gerardi to Appear Pro Hac Vice on behalf of Defendants Selective Service System, Joel C. Spangenberg (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by Defendants Selective Service System, Joel C. Spangenberg. (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Attorney Joanne I. Osinoff added to party Selective Service System(pty:dft), Attorney Joanne I. Osinoff added to party Joel C. Spangenberg(pty:dft)) (Osinoff, Joanne) (Entered: 07/19/2024)

ORDER by Judge Andre Birotte Jr: granting 13 Non-Resident Attorney Michael J. Gerardi APPLICATION to Appear Pro Hac Vice on behalf of defendants Selective Service System, Joel C. Spangenberg, designating Joanne Schwartz Osinoff as local counsel. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY (ak) (Entered: 07/22/2024)

Joint STIPULATION Extending Time to Answer the complaint as to All Defendants, re Complaint (Attorney Civil Case Opening) 1 filed by Defendants Does, Selective Service System, Joel C. Spangenberg.(Attorney Michael J. Gerardi added to party Does(pty:dft))(Gerardi, Michael) (Entered: 07/22/2024)

Appear Pro Hac Vice

NOTICE OF MOTION AND MOTION to Dismiss Case, NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Does, Selective Service System, Joel C. Spangenberg. Motion set for hearing on 9/27/2024 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: # 1 Memorandum, # 2 Proposed Order) (Gerardi, Michael) (Entered: 08/02/2024)

1 Memorandum

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2 Proposed Order

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ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 10/4/2024 at 10:00 AM before Judge Andre Birotte Jr. (dta) (Entered: 08/05/2024)

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction 16 PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS filed by Plaintiffs Jordan Falcon, Conor McKiernan, Tyler McNamara, Nicolas Mendiola, Nicholas Milillo, National Coalition for Men. (Lewis, Nadine) (Entered: 08/23/2024)

REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction 16 filed by Defendants Does, Selective Service System, Joel C. Spangenberg. (Gerardi, Michael) (Entered: 09/13/2024)

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 3, filed by Defendants Does, Selective Service System, Joel C. Spangenberg.. (Attachments: # 1 Schedule of Pretrial and Trial Dates Worksheet)(Gerardi, Michael) (Entered: 09/20/2024)

(IN CHAMBERS) ORDER CONTINUING DEFENDANTS MOTION (DKT. 16 ) by Judge Andre Birotte Jr.: This Court, on its own motion, hereby CONTINUES the Motion hearing date from 9/27/2024 to 11/22/2024 at 10:00 a.m. before Judge Andre Birotte Jr. IT IS SO ORDERED.THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dta) TEXT ONLY ENTRY (Entered: 09/23/2024)

Text Only Scheduling Notice

(IN CHAMBERS) ORDER by Judge Andre Birotte Jr: This Court, on its own motion, hereby CONTINUES the Scheduling Conference previously set for 10/4/2024 to 11/22/2024 at 10:00 a.m. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dta) TEXT ONLY ENTRY (Entered: 10/01/2024)

Text Only Scheduling Notice

NOTICE of Appearance filed by attorney Andrew E Carmichael on behalf of Defendants Does, Selective Service System, Joel C. Spangenberg (Attorney Andrew E Carmichael added to party Does(pty:dft), Attorney Andrew E Carmichael added to party Selective Service System(pty:dft), Attorney Andrew E Carmichael added to party Joel C. Spangenberg(pty:dft))(Carmichael, Andrew) (Entered: 11/19/2024)

ORDER GRANTING MOTION TO DISMISS 16 by Judge Andre Birotte Jr. Defendants' Motion to Dismiss pursuant to Rule 12(b)(1) is DENIED and Defendants' Motion to Dismiss pursuant to Rule 12(b)(6) is GRANTED without leave to amend. This action is DISMISSED with prejudice. Defendants are ORDERED to file a Proposed Judgment within 5 days of this Order. Plaintiffs will have 5 days thereafter to object as to form. (SEE DOCUMENT FOR FURTHER DETAILS.) (MD JS-6. Case Terminated) (rolm) (Entered: 11/20/2024)

NOTICE OF LODGING filed re Order on Motion to Dismiss Case,, Order on Motion to Dismiss/Lack of Jurisdiction, 24 (Attachments: # 1 Proposed Judgment)(Gerardi, Michael) (Entered: 11/25/2024)

JUDGMENT by Judge Andre Birotte Jr. The Court ORDERS and ENTERS JUDGMENT for Defendants Selective Service System and Joel C. Spangenberger, in his capacity as acting Director of Selective Service, and against Plaintiffs National Coalition for Men, Tyler McNamara, Conor McKeirnan, Nicholas Milillo, Nicolas Mendiola, and Jordan Falcon, as follows: Plaintiffs' complaint, ECF No. 1, is DISMISSED, WITH PREJUDICE, for the reasons stated in the Court's Order Granting Motion to Dismiss dated November 20, 2024, ECF No. 24. (rolm) (Entered: 12/09/2024)

NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by PLAINTIFFS National Coalition for Men, Tyler McNamara, Conor McKiernan, Nicholas Milillo, Nicolas Mendiola, Jordan Falcon. Appeal of Judgment,, 26, Order on Motion to Dismiss Case,, Order on Motion to Dismiss/Lack of Jurisdiction, 24 . (Appeal Fee - $605 Fee Paid, Receipt No. BCACDC-38786599.) (Attachments: # 1 Exhibit)(Lewis, Nadine) (Entered: 12/19/2024)

1 Exhibit

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REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of Appeals, 27 . (Lewis, Nadine) (Entered: 12/19/2024)

NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 24-7746 assigned to Notice of Appeal to 9th Circuit Court of Appeals, 27 as to Plaintiffs National Coalition for Men, Tyler McNamara, Conor McKiernan, Nicholas Milillo, Nicolas Mendiola, Jordan Falcon. (mat) (Entered: 12/27/2024)

MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 27 filed by Nicolas Mendiola, Tyler McNamara, Jordan Falcon, Conor McKiernan, Nicholas Milillo, National Coalition for Men. CCA # 24-7746. VACATED and REMANDED with instructions to dismiss without prejudice for lack of standing. (mat) (Entered: 12/05/2025)

MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 27, CCA # 24-7746. The judgment of this Court, entered December 04, 2025, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [ USCA Memorandum 30, VACATED and REMANDED with instructions to dismiss without prejudice for lack of standing.](mat) (Entered: 01/28/2026)

MINUTE (IN CHAMBERS) ORDER REOPENING AND DISMISSING ACTION WITHOUT PREJUDICE FOR LACK OF STANDING by Judge Andre Birotte Jr. The Court therefore REOPENS and DISMISSES this action without prejudice for lack of standing. (Case reopened. MD JS-5.) (iv) (Entered: 02/20/2026)