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
101NOTICE of Supplemental Authority re 23 MOTION for Preliminary Injunction by All Plaintiffs (Attachments: # 1 Exhibit A - Talbott Memorandum Opinion and Order (March 26, 2025), # 2 Exhibit B - Notice of Appeal in Talbott)(Gonzalez-Pagan, Omar) (Entered: 03/27/2025)Open(opens another site)
102NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 3/25/2025 before Judge Benjamin H. Settle.Parties have seven (7) 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 may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Sheri Schelbert, [email address removed] Release of Transcript Restriction set for 6/25/2025, (SLS) (Entered: 03/27/2025)Open(opens another site)
103ORDER granting 23 Motion for Preliminary Injunction signed by Judge Benjamin H. Settle. (MGC) (Entered: 03/27/2025)Open(opens another site)
104MEMORANDUM AND OPINION re 103 Order Granting Preliminary Injunction. Signed by Judge Benjamin H. Settle. (MGC) (Entered: 03/27/2025)Open(opens another site)
105NOTICE OF APPEAL (25-2039) to Ninth Circuit re 104 Memorandum & Opinion, 103 Order on Motion for Preliminary Injunction by All Defendants. No fee required- US Government Party (cc: USCA) (Lynch, Jason) Modified to add USCA number on 3/28/2025 (MDH). (Entered: 03/28/2025)Open(opens another site)
106MINUTE ORDER. The Court DISMISSES President Donald J. Trump in his official capacity as a defendant in this case. The parties do not object to his dismissal, Dkt. 93 . Authorized by Judge Benjamin H. Settle. (MDH) (Entered: 03/28/2025)Open(opens another site)
107NOTICE Pursuant to the Court's Order re 57 Minute Order,, ; filed by Defendants 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. (Attachments: # 1 Exhibit 1 - Shilling compliance memo)(Robinson, John) (Entered: 03/28/2025)Open(opens another site)
108USCA PRELIMINARY INJUNCTION TIME SCHEDULE NOTICE/USCA CASE NUMBER 25-2039 for 105 Notice of Appeal, filed by United States Department of Defense, United States Department of the Army, Mark Averill, United States Department of the Navy, United States Department of the Air Force, United States of America, Terence Emmert, Donald J Trump, Peter Hegseth, Gary Ashworth, Daniel P Driscoll. (MDH) (Entered: 03/28/2025)Open(opens another site)
109Courtesy Copy of MOTION to Stay. USCA Order (25-2039) Motion to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant United States of America, Appellant Peter Hegseth, Appellant United States Department of Defense, Appellant Daniel P. Driscoll, Appellant United States Department of the Army, Appellant John C. Phelan, Appellant United States Department of the Navy, Appellant Gary Ashworth, Appellant United States Department of The Air Force. (MDH) Docket text modification on 3/31/2025. (MDH) (Entered: 03/28/2025)Open(opens another site)
110ORDER OF USCA (25-2039) as to 105 Notice of Appeal, filed by United States Department of Defense, United States Department of the Army, Mark Averill, United States Department of the Navy, United States Department of the Air Force, United States of America, Terence Emmert, Donald J Trump, Peter Hegseth, Gary Ashworth, Daniel P Driscoll. The court has received the emergency motion to stay. The request for an administrative stay is denied. See Doe #1 v. Trump, 944 F.3d 1222, 1223 (9th Cir. 2019). The existing schedule for the response and the reply remains in effect. See Fed. R. App. P. 27(a). (MDH) (Entered: 04/01/2025)Open(opens another site)
111NOTICE OF WITHDRAWAL OF COUNSEL: Attorney John Robinson for All Defendants. (Robinson, John) (Entered: 04/04/2025)Open(opens another site)
112Stipulated MOTION for Extension of Time to File Answer re 59 Amended Complaint, By 30 Days (to May 14, 2025), filed by All Defendants. (Attachments: # 1 Proposed Order) Noting Date 4/10/2025, (Lynch, Jason) (Entered: 04/10/2025)Open(opens another site)
113ORDER granting Defendants' 112 Stipulated Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to Plaintiffs' Amended Complaint by May 14, 2025. Signed by Judge Benjamin H. Settle.(CJS) (Entered: 04/10/2025)Open(opens another site)
114ORDER OF USCA (25-2039) as to 105 Notice of Appeal. The emergency motion (Docket Entry No. 9) to stay the district courts March 27, 2025 preliminary injunction is denied. (ZMG) (Entered: 04/23/2025)Open(opens another site)
115ORDER OF USCA (25-2039) as to 105 Notice of Appeal. The March 27, 2025 preliminary injunction entered by the United States District Court for the Western District of Washington, is stayed pending the disposition of the appeal in the United States Court of Appeals for the Ninth Circuit and disposition of a petition for a writ of certiorari, if such a writ is timely sought. (MDH) (Entered: 05/06/2025)Open(opens another site)
116ANSWER to 59 Amended Complaint, by Gary Ashworth, Mark Averill, Daniel P Driscoll, Terence Emmert, Peter Hegseth, United States Department of Defense, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy, United States of America.(Lynch, Jason) (Entered: 05/19/2025)Open(opens another site)
117NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Sarah Warbelow for All Plaintiffs. (Weaver, Cynthia) (Entered: 05/22/2025)Open(opens another site)
118NOTICE of Change of Address/Change of Name of Attorney Matthew Gordon. Filed by All Plaintiffs. (Gordon, Matthew) (Entered: 06/09/2025)Open(opens another site)
119NOTICE of Appearance by attorney Elizabeth Brooke Layendecker on behalf of Defendants Gary Ashworth, Mark Averill, Daniel P Driscoll, Terence Emmert, Peter Hegseth, Donald J Trump, United States Department of Defense, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy, United States of America. (Layendecker, Elizabeth) (Entered: 07/16/2025)Open(opens another site)
120NOTICE of Appearance by attorney M. Jared Littman on behalf of Defendants Gary Ashworth, Daniel P Driscoll, Terence Emmert, Peter Hegseth, United States Department of Defense, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy, United States of America. (Littman, M. Jared) (Entered: 07/25/2025)Open(opens another site)
121NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Jason C. Lynch for All Defendants. (Lynch, Jason) (Entered: 07/25/2025)Open(opens another site)
122NOTICE of Appearance by attorney Robert C Bombard on behalf of Defendants Gary Ashworth, Mark Averill, Daniel P Driscoll, Terence Emmert, Peter Hegseth, United States Department of Defense, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy, United States of America. (Bombard, Robert) (Entered: 07/29/2025)Open(opens another site)
123MOTION to Stay Proceedings Pending Appeal from Preliminary Injunction, filed by All Defendants. (Attachments: # 1 Proposed Order) Noting Date 8/22/2025, (Littman, M. Jared) (Entered: 08/01/2025)Open(opens another site)
124NOTICE of Appearance by attorney Toby James Marshall on behalf of Amicus Constitutional Accountability Center. (Marshall, Toby) (Entered: 08/13/2025)Open(opens another site)
125NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Ryan Tack-Hooper for Amicus Constitutional Accountability Center. (Tack-Hooper, Ryan) (Entered: 08/13/2025)Open(opens another site)
126RESPONSE, by All Plaintiffs, to 123 MOTION to Stay Proceedings Pending Appeal from Preliminary Injunction. Oral Argument Requested. (Gordon, Matthew) (Entered: 08/18/2025)Open(opens another site)
127REPLY, filed by All Defendants, TO RESPONSE to 123 MOTION to Stay Proceedings Pending Appeal from Preliminary Injunction (Littman, M. Jared) (Entered: 08/22/2025)Open(opens another site)
128NOTICE of Hearing re 123 MOTION to Stay Proceedings Pending Appeal from Preliminary Injunction : Motion Hearing set for 9/4/2025 at 01:30 PM via ZOOM before Judge Benjamin H. Settle. The parties should be prepared to talk about whether a limited stay allowing discovery to proceed should be granted. The court will provide remote audio public access for this hearing. Access information can be found on the court's Calendar page at least 24 hours prior to the hearing. (MET) (Entered: 08/25/2025)Open(opens another site)
129MOTION for Leave to File a Surreply in Opposition to Defendants' Motion to Stay Pending Appeal Defendants' Motion to Stay Pendomg, filed by All Plaintiffs. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Surreply in Opposition to Motion to STay) Noting Date 9/18/2025, (Gordon, Matthew) (Entered: 08/28/2025)Open(opens another site)
130Unopposed MOTION to Expedite the Noting Date for Plaintiffs' Motion for Leave to File a Surreply in Opposition to Defendants' Motion to Stay Pending Appeal (Dkt. No. 129), filed by All Plaintiffs. (Attachments: # 1 Proposed Order) Noting Date 8/28/2025, (Gordon, Matthew) (Entered: 08/28/2025)Open(opens another site)
131ORDER granting 130 Motion to Expedite 129 MOTION for Leave to File a Surreply in Opposition to Defendants' Motion to Stay Pending Appeal. Noting Date reset to 9/4/2025. Signed by Judge Benjamin H. Settle. (ZMG) (Entered: 08/28/2025)Open(opens another site)
132MINUTE ORDER. Plaintiff Shilling's motion for leave to file a Surreply, Dkt. 129, is unopposed and it is GRANTED. The Court has considered the Surreply, Dkt. 129 -3. IT IS SO ORDERED. Authorized by Judge Benjamin H. Settle. (MW) (Entered: 09/04/2025)Open(opens another site)
133MINUTE ENTRY for proceedings held before Judge Benjamin H. Settle- Dep Clerk: Gretchen Craft; Pla Counsel: Omar Gonzalez-Pagan, Abdul Kallon, Anna Thompson-Lanners, Gabriella Romanos Abihabib, Kell Olson; Def Counsel: Jared Littman, Robert Bombard; CR: Angela Nicolavo; Time of Hearing: 1:30; Courtroom: Zoom; Motion Hearing held on 9/4/2025 re 123 MOTION to Stay Proceedings Pending Appeal from Preliminary Injunction filed by Defendants. Court hears arguments of counsel and DENIES 123 Motion for Stay, for the reasons stated on the record. Court directs the parties to meet and confer by 9/17/2025 and then file a joint proposal setting out a scope of discovery and the associated deadlines. If the parties are unable to reach an agreement, the Court will set the schedule. (MGC) (Entered: 09/04/2025)Open(opens another site)
134NOTICE re 57 Minute Order,, ; filed by All Defendants. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit)(Bombard, Robert) (Entered: 09/15/2025)Open(opens another site)
135JOINT STATUS REPORT signed by all parties. (Gordon, Matthew) (Entered: 09/17/2025)Open(opens another site)
136PRAECIPE to attach document (Amended Joint Status Report and Discovery Plan) re 135 Joint Status Report by All Plaintiffs (Attachments: # 1 Amended Joint Status Report and Discovery Plan)(Gordon, Matthew) (Entered: 09/18/2025)Open(opens another site)
137MINUTE ORDER SETTING TRIAL AND PRETRIAL DATES by Judge Benjamin H. Settle. *4 DAY* Bench Trial is set for 11/3/2026 at 09:00 AM in Courtroom E before Judge Benjamin H. Settle. Discovery Motions due by 4/17/2026, Discovery completed by 5/31/2026, Dispositive motions due by 7/31/2026. The court will not provide remote public access for this hearing. (MET) (Entered: 09/26/2025)Open(opens another site)
138NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Abdul Kallon for All Plaintiffs. (Kallon, Abdul) (Entered: 02/04/2026)Open(opens another site)
139NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Danielle E. Sivalingam for All Plaintiffs. (Sivalingam, Danielle) (Entered: 03/13/2026)Open(opens another site)
140Stipulated MOTION for Protective Order, filed by All Plaintiffs. (Attachments: # 1 Proposed Order Redline Proposed Protective Order) Noting Date 3/13/2026, (Gordon, Matthew) (Entered: 03/13/2026)Open(opens another site)
141STIPULATED PROTECTIVE ORDER re 140 Stipulated MOTION. Signed by Judge Benjamin H. Settle. (JDM) (Entered: 03/17/2026)Open(opens another site)
142Stipulated MOTION of Dismissal of Plaintiff Jane Doe with Prejudice, or, in the Alternative, Joint Motion to Drop Party, filed by All Plaintiffs. (Attachments: # 1 Proposed Order) Noting Date 3/19/2026, (Gordon, Matthew) (Entered: 03/19/2026)Open(opens another site)
143ORDER Granting 142 Stipulated Motion. Plaintiff Jane Doe is hereby dropped as a plaintiff in the above-captioned matter and dismissed with prejudice and without costs to either party. Signed by Judge Benjamin H. Settle. (JDM) (Entered: 03/19/2026)Open(opens another site)
144NOTICE of Appearance by attorney Sarah Grant on behalf of Plaintiffs Jane Doe, Blake Dremann, Gender Justice League, Matthew Medina, Sierra Moran, Geirid Morgan, Cathrine Schmid, Emily Shilling. (Grant, Sarah) (Entered: 04/17/2026)Open(opens another site)
145Expedited Joint Motion for Discovery Pursuant to LCR 37(a)(2), filed by All Plaintiffs. (Attachments: # 1 Proposed Order) Noting Date 4/17/2026, (Gordon, Matthew) (Entered: 04/17/2026)Open(opens another site)
146DECLARATION of Sasha Buchert filed by All Plaintiffs re 145 Expedited Joint Motion for Discovery Pursuant to LCR 37(a)(2) (Gordon, Matthew) (Entered: 04/17/2026)Open(opens another site)
147DECLARATION of Matthew P. Gordon filed by All Plaintiffs re 145 Expedited Joint Motion for Discovery Pursuant to LCR 37(a)(2) (Gordon, Matthew) (Entered: 04/17/2026)Open(opens another site)
148PROPOSED ORDER (Unsigned) re 145 Expedited Joint Motion for Discovery Pursuant to LCR 37(a)(2) (Littman, M. Jared) (Entered: 04/20/2026)Open(opens another site)
149ORDER. Shilling's motion to compel, Dkt. 145, is GRANTED to the extent it is limited by this Order. The Court further orders the government to provide an update by May 18, 2026 on the named plaintiffs' military status. Please see Order for additional details. Signed by Judge Benjamin H. Settle. (JDM) (Entered: 04/21/2026)Open(opens another site)
150NOTICE ; filed by All Defendants. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit)(Bombard, Robert) (Entered: 05/08/2026)Open(opens another site)