Shilling v. United States of America

Court
W.D. Wash.
Docket number
2:25-cv-00241
Filed
Last filing
Assigned judge
Benjamin H. Settle
Nature of suit
440 Civil Rights: Other
Cause
28:1331 Federal Question: Other Civil Rights
Jurisdiction
U.S. Government Defendant
Jury demand
None
Case
Shilling v. United States of America
Cite
Shilling v. United States, No. 2:25-cv-00241 (W.D. Wash. filed Feb. 6, 2025)
Source
Docket on CourtListener(opens another site)

The 252 court documents filed in this docket, as listed for its case.

Docket entries

The entries the archive holds for this docket. For the full docket, use the link above.

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Docket entries
No.DateDescriptionDocument
51NOTICE of Appearance by attorney Cassandra Erin Baker on behalf of Amicus State of Washington. (Baker, Cassandra) (Entered: 02/26/2025)Open(opens another site)
52Unopposed MOTION for Leave to File Brief of Amici Curiae by the States of WA, VT, AZ, CA, CO, CT, DE, HI, IL, ME, MD, MA, MI, MN, NV, NJ, NY, NC, OR, RI, and WI in Support of Plaintiffs' Motion for a PI, filed by Amicus State of Washington. (Attachments: # 1 Proposed Order [Proposed] Order Granting Unopposed Motion for Leave to File Amicus Brief) Noting Date 2/26/2025, (Baker, Cassandra) (Entered: 02/26/2025)Open(opens another site)
53Amicus BRIEF re 52 Unopposed MOTION for Leave to File Brief of Amici Curiae by the States of WA, VT, AZ, CA, CO, CT, DE, HI, IL, ME, MD, MA, MI, MN, NV, NJ, NY, NC, OR, RI, and WI in Support of Plaintiffs' Motion for a PI by Amicus State of Washington (Baker, Cassandra) (Entered: 02/26/2025)Open(opens another site)
54ORDER granting Plaintiffs' Unopposed 52 Motion for leave to file an amicus curiae brief of Amici by the States of Washington, Vermont, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, and Wisconsin. Signed by Judge Benjamin H. Settle.(MDH) (Entered: 02/27/2025)Open(opens another site)
55Stipulated MOTION to File Amended Complaint and Supplemental Preliminary Injunction Briefing; Amend Briefing Schedule; and Set Preliminary Injunction Motion for a Hearing, filed by All Plaintiffs. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B) Noting Date 3/3/2025, (Gordon, Matthew) (Entered: 03/03/2025)Open(opens another site)
56ORDER granting the Parties' 55 Stipulated Motion to File Amended Complaint and Supplemental Preliminary Injunction Briefing; Amend Briefing Schedule; and Set Preliminary Injunction Motion for a Hearing. Signed by Judge Benjamin H. Settle.(CJS) (Entered: 03/03/2025)Open(opens another site)
57MINUTE ORDER authorized by Judge Benjamin H. Settle. The Court ORDERS the Government to immediately notify Plaintiffs and the Court if the Department of Defense (or any of its subsidiaries) issues any policy or guidance implementing the challenged Executive Orders in the military. The Court further ORDERS the Government to immediately notify Plaintiffs and the Court before any changes are made to Plaintiffs' status quo in any respect. The Court will entertain a motion for a temporary restraining order should any action be taken against Plaintiffs before a preliminary injunction hearing. (CJS) (Entered: 03/04/2025)Open(opens another site)
58NOTICE Pursuant to the Court's Order re 57 Minute Order,, ; filed by All Defendants. (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)(Robinson, John) (Entered: 03/04/2025)Open(opens another site)
59AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by Cathrine Schmid, Emily Shilling, Videl Leins, Matthew Medina, Blake Dremann, Jane Doe, Gender Justice League, Geirid Morgan, Sierra Moran. (Gordon, Matthew) Modified on 3/5/2025 to add additional filer (KB). (Entered: 03/04/2025)Open(opens another site)
60Supplemental BRIEF re 23 MOTION for Preliminary Injunction by All Plaintiffs (Gordon, Matthew) (Entered: 03/04/2025)Open(opens another site)
61DECLARATION of Matthew P. Gordon re 60 Brief by All Plaintiffs (Attachments: # 1 Exhibit 25, # 2 Exhibit 26)(Gordon, Matthew) (Entered: 03/04/2025)Open(opens another site)
62DECLARATION of Regan Morgan re 60 Brief by All Plaintiffs (Attachments: # 1 Exhibit A)(Gordon, Matthew) (Entered: 03/04/2025)Open(opens another site)
63NOTICE of Appearance by attorney John Robinson on behalf of Defendants Donald J Trump, United States of America, Peter Hegseth, United States Department of Defense, Mark Averill, United States Department of the Army, Terence Emmert, United States Department of the Navy, Gary Ashworth, United States Department of the Air Force. (Robinson, John) (Entered: 03/05/2025)Open(opens another site)
64NOTICE Pursuant to the Court's Order re 57 Minute Order,, ; filed by All Defendants. (Attachments: # 1 Exhibit 1 04 March 2025 DoD Clarifying Guidance)(Robinson, John) (Entered: 03/05/2025)Open(opens another site)
65MINUTE ORDER The Court intends to hear argument on the motion for preliminary injunction on March 25 beginning at 10 a.m. Both parties shall notify the Court whether they desire to cross examine any witnesses (and if so how many) at the preliminary injunction hearing by no later than noon, Friday, March 7.The March 25 hearing will be structured as follows:The hearing will proceed in person. Any attorney who argues must do so in person. The hearing will be open to the public to attend in person. Please note that pursuant to Local Civil Rule 78(b), the taking of photographs or any electronic (audio or video) recordings, and the broadcast or streaming thereof in connection with this judicial proceeding is prohibited. The Court will not provide remote public access for this hearing.Each side will be limited to 30 minutes of argument including questions from the Court. The Court may recall either side for additional argument or questioning. Authorized by Judge Benjamin H. Settle. (MDH) (Entered: 03/06/2025)Open(opens another site)
66NOTICE re 65 Minute Order,,, ; filed by All Defendants. (Robinson, John) (Entered: 03/07/2025)Open(opens another site)
67NOTICE Re: Cross-Examining Witnesses re 65 Minute Order,,, ; filed by All Plaintiffs. (Gordon, Matthew) (Entered: 03/07/2025)Open(opens another site)
68NOTICE Pursuant to the Court's Order ; filed by All Defendants. (Attachments: # 1 Exhibit 1 - 06 Mar 2025 Army Guidance, # 2 Exhibit 2 - 07 Mar 2025 Army EXORD 175-25)(Robinson, John) (Entered: 03/07/2025)Open(opens another site)
69MINUTE ORDER. On March 4th, 2025 the Court issued a minute order directing the government to immediately notify Plaintiffs and the Court if the Department of Defense (or any of its subsidiaries) issues any policy or guidance implementing the challenged Executive Orders in the military.Defendants are ORDERED to submit a copy of the Acting Assistant Secretary of Defense for Manpower and Reserve Affairs' Action Memo, dated February 26, 2025, with the subject Implementing Guidance for Prioritizing Military Excellence and Readiness Executive Order (EO), (hereinafter action memo), as well as the entirety of any studies or data that the action memo cites, including: - Accession Medical Standards Analysis and Research Activity (AMSARA) Report, Analysis of Medical Administrative Data on Transgender Service Members, July 14, 2021. - Office of the Assistant Secretary of Defense for Health Affairs Literature Review: Level of Evidence for Gender-Affirming Treatments.Defendants have until 9:00 p.m. today, March 12, 2025 to submit the action memo and the entirety any study or data it cites.The parties are no doubt aware of the related case proceeding in Washington D.C., Talbott v. Trump, 1:25-cv-00240-ACR. The parties here are directed to supplement the present docket with any Talbott submissions that have not yet been submitted here (and indicate the docket number in Talbott), regarding defendants' policies or actions taken in response to the challenged Executive Orders, and military budget data. They shall do so by noon Thursday, March 13, 2025. Authorized by Judge Benjamin H. Settle. (MDH) (Entered: 03/12/2025)Open(opens another site)
70NOTICE of Appearance by attorney Jason C. Lynch on behalf of Defendants Donald J Trump, United States of America, Peter Hegseth, United States Department of Defense, United States Department of the Army, Terence Emmert, United States Department of the Navy, Gary Ashworth, United States Department of the Air Force, Daniel P Driscoll. (Lynch, Jason) (Entered: 03/12/2025)Open(opens another site)
71RESPONSE by All Defendants re 69 Minute Order,,,,,, (Attachments: # 1 Exhibit 1 - Action Memo, # 2 Exhibit 2 - Action Memo Tab 11 (Mattis Memo & Report), # 3 Exhibit 3 - Action Memo Tab 12 (AMSARA), # 4 Exhibit 4 - Action Memo Tab 13 (Literature Review))(Lynch, Jason) (Entered: 03/12/2025)Open(opens another site)
72Unopposed MOTION for Leave to File Over-length Motions and Briefs, filed by All Defendants. Noting Date 3/13/2025, (Robinson, John) (Entered: 03/13/2025)Open(opens another site)
73NOTICE (Joint) in response to Court Order re 69 Minute Order,,,,,, ; filed by All Parties. (Attachments: # 1 Exhibit 1 - MEPS Email, # 2 Exhibit 2 - December 17 Health Data, # 3 Exhibit 3 - Defs.' Response to Court Order, # 4 Exhibit 4 - CRS report, # 5 Exhibit 5 - DoDI 6130.03 Vol. 2, # 6 Exhibit 6 - DoDI 1332.14, # 7 Exhibit 7 - DoDI 1332.30, # 8 Exhibit 8 - DoDI 1338.18, # 9 Exhibit 9 - USDPR FAQs, # 10 Exhibit 10 - PAO Guidance)(Robinson, John) (Entered: 03/13/2025)Open(opens another site)
74MINUTE ORDER. The parties' unopposed motion for leave to file over-length motions and briefs, Dkt. 72, is GRANTED. Authorized by Judge Benjamin H. Settle.(MDH) (Entered: 03/13/2025)Open(opens another site)
75NOTICE Pursuant to the Court's Order re 57 Minute Order,, ; filed by All Defendants. (Attachments: # 1 Exhibit 1 - 13 March 2025 ALLNAV 023/25)(Robinson, John) (Entered: 03/13/2025)Open(opens another site)
76RESPONSE, by All Defendants, to 23 MOTION for Preliminary Injunction . (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 - 2017 Presidential Mem., # 6 Exhibit 6 - Dill Declaration)(Robinson, John) (Entered: 03/14/2025)Open(opens another site)
77NOTICE Pursuant to the Court's Order re 57 Minute Order,, ; filed by All Defendants. (Attachments: # 1 Exhibit 1 - Marine Corps guidance)(Robinson, John) (Entered: 03/14/2025)Open(opens another site)
78Unopposed MOTION for Leave to File Over-length Motions and Briefs (Reply), filed by All Plaintiffs. (Attachments: # 1 Proposed Order) Noting Date 3/17/2025, (Gordon, Matthew) (Entered: 03/17/2025)Open(opens another site)
79NOTICE Pursuant to the Court's Order re 57 Minute Order,, ; filed by All Defendants. (Attachments: # 1 Exhibit 1 - NAVADMIN 055/25)(Robinson, John) (Entered: 03/17/2025)Open(opens another site)
80ORDER granting Plaintiff's 78 Motion for Leave to File Over-length Reply Brief. Plaintiffs are allowed to file an overlength reply brief with a 6,500 word count limit. Signed by Judge Benjamin H. Settle.(MW) (Entered: 03/18/2025)Open(opens another site)
81MINUTE ORDER. The Court intends to dismiss Defendant Donald Trump as the named defendant and replace him with United States et. al. in the case caption. The parties are directed to meet and confer submit any objections to dropping Defendant Donald Trump and the Court's proposed caption change by 5 p.m. Friday, March 21, 2025 March 20, 2025. Authorized by Judge Benjamin H. Settle. (MDH) Modified deadline date on 3/19/2025. (MDH) (Entered: 03/19/2025)Open(opens another site)
82REPLY, filed by All Plaintiffs, TO RESPONSE to 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 03/19/2025)Open(opens another site)
83Supplemental DECLARATION of Matthew P. Gordon filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 27, # 2 Exhibit 28, # 3 Exhibit 29, # 4 Exhibit 30, # 5 Exhibit 31, # 6 Exhibit 32, # 7 Exhibit 33, # 8 Exhibit 34, # 9 Exhibit 35, # 10 Exhibit 36)(Gordon, Matthew) (Entered: 03/19/2025)Open(opens another site)
84Supplemental DECLARATION of Alex Wagner filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 03/19/2025)Open(opens another site)
85Supplemental DECLARATION of Randi Ettner filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit D)(Gordon, Matthew) (Entered: 03/19/2025)Open(opens another site)
86Supplemental DECLARATION of Shawn Skelly filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 03/19/2025)Open(opens another site)
87DECLARATION of Sierra Moran filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A)(Gordon, Matthew) (Entered: 03/19/2025)Open(opens another site)
88Supplemental DECLARATION of Geirid Morgan filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 03/19/2025)Open(opens another site)
89Supplemental DECLARATION of Videl Leins filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A)(Gordon, Matthew) (Entered: 03/19/2025)Open(opens another site)
90CERTIFICATE OF SERVICE by All Plaintiffs re 1 Complaint,,,,, 11 Amended Document, 3 Summons Issued (Attachments: # 1 Exhibit A - US Attorneys' Office, # 2 Exhibit B - USA DOJ, # 3 Exhibit C - DJT, # 4 Exhibit D - USA DOD, # 5 Exhibit E - Hegseth, # 6 Exhibit F - US Dept. of Army)(Gordon, Matthew) (Entered: 03/20/2025)Open(opens another site)
91MINUTE ORDER. The Court ORDERS the government to file the March 21, 2025 Memorandum from the Office of the Undersecretary of Defense for Personnel and Readiness along with any attachments referenced in the memorandum by 1:00 p.m., today, March 21, 2025. Authorized by Judge Benjamin H. Settle. (MDH) (Entered: 03/21/2025)Open(opens another site)
92NOTICE Pursuant to the Court's Orders re 57 Minute Order,, 91 Minute Order, ; filed by All Defendants. (Attachments: # 1 Exhibit 1 - March 21 Identification Memo)(Robinson, John) (Entered: 03/21/2025)Open(opens another site)
93RESPONSE by All Parties re 81 Minute Order, (Gordon, Matthew) (Entered: 03/21/2025)Open(opens another site)
94NOTICE Pursuant to the Court's Order re 57 Minute Order,, ; filed by All Defendants. (Attachments: # 1 Exhibit 1 - Talbott Compliance Memo)(Robinson, John) (Entered: 03/21/2025)Open(opens another site)
95MINUTE ORDER entered at the direction of U.S. District Judge Benjamin H. Settle: On March 21, 2025, the government filed in Talbott a motion to dissolve that Court's preliminary injunction (Dkt. 91). The motion is based on a memorandum with guidance to assist the Military Departments in identifying service members subject to separation pursuant to Secretary Hegseth's February 26 policy memorandum (Dkt. 93-1). The Talbott Court ordered plaintiffs to file their opposition to that motion by 10:00 AM EDT on Tuesday, March 25, 2025. In this case, the government filed the March 21 separation guidance memorandum, (Dkt. 92-1), and the government's Talbott filing asserting that they will not begin separations until March 28, 2025, (Dkt. 94-1). Plaintiffs may file a supplemental brief addressing the impact (if any) of the March 21 separation guidance memorandum, (Dkt. 92-1), on their pending motion for preliminary injunction. They may also address any arguments raised in the Talbott motion to dissolve that are relevant to this Court's analysis. Plaintiffs should do so by 7 AM PDT Tuesday, March 25, 2025. (MGC) (Entered: 03/22/2025)Open(opens another site)
96Supplemental BRIEF re 95 Minute Order,,,, 23 MOTION for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Proposed Order - Amended Proposed Order)(Gonzalez-Pagan, Omar) (Entered: 03/25/2025)Open(opens another site)
97DECLARATION of Omar Gonzalez-Pagan filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 37 - Ireland v. Hegseth TRO, # 2 Exhibit 38 - Transcript of Talbott v. US March 21 Hearing, # 3 Exhibit 39 - Hegseth March 22 Tweet)(Gonzalez-Pagan, Omar) (Entered: 03/25/2025)Open(opens another site)
98Supplemental DECLARATION of Emily Shilling filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gonzalez-Pagan, Omar) (Entered: 03/25/2025)Open(opens another site)
99Supplemental DECLARATION of Blake Dremann filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A - US Navy, FAQ: Prioritizing Military Excellence and Readiness (March 14, 2025))(Gonzalez-Pagan, Omar) (Entered: 03/25/2025)Open(opens another site)
100MINUTE ENTRY for proceedings held before Judge Benjamin H. Settle- Dep Clerk: Gretchen Craft; Pla Counsel: Matthew Gordon, Kell Olson, Sasha Buchert, Cynthia Weaver; Def Counsel: Jason Lynch; CR: Sheri Schelbert; Time of Hearing: 10:00; Courtroom: E; Preliminary Injunction Hearing held on 3/25/2025. Court hears arguments of counsel and takes the matter under advisement. A memorandum opinion will be issued by 5:00 PM on 3/27/2025. (MGC) (Entered: 03/25/2025)Open(opens another site)