Manker et al v. Spencer
| Tyson Manker and National Veterans Council for Legal Redress |
| Richard V Spencer |
| 3:2018cv00372 |
| March 2, 2018 |
| US District Court for the District of Connecticut |
| New Haven Office |
| XX US, Outside State |
| Charles S. Haight |
| Review or Appeal of Agency Decision |
| 05 U.S.C. ยง 702 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
216
SUPPLEMENTAL ORDER granting Preliminary Approval of Class Action Settlement and Class Notice (see attached). Signed by Judge Charles S. Haight, Jr. on October 12, 2021. (Dorais, L.)
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Filing
79
RULING (see attached). Defendant's 67 Motion to Dismiss is DENIED. Defendant's alternative 67 Motion for a Remand is GRANTED IN PART, in that the applications of Plaintiffs Manker and Doe for discharge upgrades are reman ded to the Naval Discharge Review Board ("NDRB") for further administrative consideration. The NDRB must issue its decisions following the consideration on remand not later than March 7, 2020. Otherwise, Defendant's Motion for a Remand is DENIED. Additionally, proceedings with respect to the claims of Plaintiffs Manker and Doe are STAYED pending decisions on the remands directed in the attached Order. No other proceedings are stayed. Discovery in this case is no t limited to the administrative records generated by the applications of Plaintiffs Manker and Doe; and, discovery will be supervised by Magistrate Judge Spector pursuant to a separate Order of Reference. Signed by Judge Charles S. Haight, Jr. on November 7, 2019. (Gitlin, A.)
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Filing
55
MEMORANDUM AND ORDER (attached), concerning a dispute about pretrial discovery. The Court can only determine if extra-record discovery, and how much discovery, is permitted under the Administrative Procedure Act once Defendant has produced the admini strative record. Accordingly: 1. Defendant is directed to produce to counsel for Plaintiffs, on or before May 20, 2019, the full administrative records of the two lead Plaintiffs in this action relating to the application of those Pl aintiffs for discharge upgrades. 2. In addition to the records referred to in Paragraph 1 of this Order, Defendant is directed to produce to counsel for Plaintiffs, on or before May 20, 2019, the documents referred to in Defendant 9;s brief, [Doc. 52 ], at page 5 n.1. 3. If any party wishes any document referred to in this Order to be filed under seal or otherwise held in confidence, the parties are directed to agree upon an appropriate order and submit it to the Court, or failing agreement, apply to the Court for resolution of the issue. Signed by Judge Charles S. Haight, Jr. on 04/05/2019. (Chen, C.)
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Filing
33
RULING (see attached) granting 12 Plaintiffs' Motion for Class Certification. Accordingly, the Court certifies the following class of veterans who served during the Iraq and Afghanistan Era - defined as the period between October 7, 200 1, and the present - who: (a) were discharged from the Navy, Navy Reserve, Marine Corps, or Marine Corps Reserve with less-than-Honorable statuses, including General and Other-than-Honorable discharges but excluding Bad Conduct or Dishonorable discha rges; (b) have not received upgrades of their discharge statuses to Honorable from the NDRB; and (c) have diagnoses of PTSD, TBI, or other related mental health conditions, or records documenting one or more symptoms of PTSD, TBI, or other related me ntal health conditions at the time of discharge, attributable to their military service under the Hagel Memo standards of liberal or special consideration. The Court also reminds parties of its 14 previous order, directing Defendant to file a respo nsive pleading within thirty (30) days of this decision and parties to exchange initial disclosures and file a proposed schedule for remaining deadlines within forty-five (45) days of this decision. A proposed interim schedule is due within thirty (30) days if either party appeals this decision. Signed by Judge Charles S. Haight, Jr. on 11/15/2018. (Chen, C.)
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