City of New York v. DOD
Defendant / Appellee: UNITED STATES DEPARTMENT OF THE AIR FORCE, RICHARD V. SPENCER, in his official capacity as United States Secretary of the Navy, DR. MARK T. ESPER, in his official capacity as United States Secretary of the Army, UNITED STATES DEPARTMENT OF DEFENSE, UNITED STATES DEPARTMENT OF THE ARMY, ANDREW L. TRAVER, in his official capacity as Director of the Naval Criminal Investigative Service, JAMES N. MATTIS, in his official capacity as United States Secretary of Defense, COLONEL KIRK B. STABLER, in his official capacity as Commander of the Air Force Office of Special Investigations, UNITED STATES DEPARTMENT OF THE NAVY, REAR ADMIRAL RICHARD A. BROWN, in his official capacity as Commander of the Navy Personnel Command and Deputy Chief of Naval Personnel, HEATHER WILSON, in her official capacity as United States Secretary of the Air Force, MAJOR GENERAL DAVID P. GLASER, in his official capacity as Commanding General of the United States Army Criminal Investigation Command, DERMOT F. O'REILLY, in his official capacity as Director of the Defense Criminal Investigative Service and REAR ADMIRAL JOHN B. NOWELL, in his official capacity as Commander of the Navy Personnel Command and Deputy Chief of Naval Personnel
Plaintiff / Appellant: CITY OF PHILADELPHIA, CITY OF NEW YORK and CITY AND COUNTY OF SAN FRANCISCO
Case Number: -1681
Filed: June 21, 2018
Court: U.S. Court of Appeals, Fourth Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
January 16, 2019 Summary City of New York v. DOD

Docket Report

This docket was last retrieved on March 11, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 11, 2019 Filing 34 Mandate issued. Referencing: [ # 32 ] published authored Opinion, [ # 33 ] Judgment order. Originating case number: 1:17-cv-01464-CMH-MSN. [18-1699] EB [Entered: 03/11/2019 08:44 AM]
January 16, 2019 Filing 33 JUDGMENT ORDER filed. Decision: Affirmed. Originating case number: 1:17-cv-01464-CMH-MSN. Entered on Docket Date: 01/16/2019. [1000439785] Copies to all parties and the district court/agency. [18-1699] EB [Entered: 01/16/2019 08:57 AM]
January 16, 2019 Filing 32 PUBLISHED AUTHORED OPINION filed. Originating case number: 1:17-cv-01464-CMH-MSN. [1000439776]. [18-1699] EB [Entered: 01/16/2019 08:52 AM]
December 11, 2018 Filing 31 ORAL ARGUMENT heard before the Honorable J. Harvie Wilkinson, III, G. Steven Agee and Stephanie D. Thacker. Attorneys arguing case: Mr. Matthew Jeffrey MacLean for Appellants City of New York, City and County of San Francisco and City of Philadelphia and Tyce R. Walters for Appellees United States Department of the Air Force, United States Department of the Navy, United States Department of the Army, DOD, James N. Mattis, Richard V. Spencer, Heather Wilson, Mark T. Esper, Dermot F. O'Reilly, Kirk B. Stabler, Andrew L. Traver, David P. Glaser and John B. Nowell. Courtroom Deputy: Anisha Walker. [1000418865] [18-1699] AW [Entered: 12/11/2018 03:03 PM]
December 10, 2018 Opinion or Order Filing 30 ORDER filed [1000418037] changing argument start time. Copies to all parties. [18-1699] TF [Entered: 12/10/2018 12:02 PM]
November 8, 2018 Filing 28 Receipt of paper copy of REPLY BRIEF filed at [ # 27 ] by City and County of San Francisco, City of New York and City of Philadelphia. Number of pages: [34]. Sufficient: Yes. Number of Copies: [4]. Received by clerk date: 11/08/2018. [1000401396] [18-1699] EB [Entered: 11/09/2018 09:04 AM]
November 8, 2018 Filing 27 BRIEF by City and County of San Francisco, City of New York and City of Philadelphia in electronic and paper format. Type of Brief: REPLY. Method of Filing Paper Copies: hand delivery. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 11/09/2018. [1000401011] [18-1699] Matthew MacLean [Entered: 11/08/2018 03:06 PM]
November 5, 2018 Filing 26 ORAL ARGUMENT ACKNOWLEDGMENT by DOD, Mark T. Esper, David P. Glaser, James N. Mattis, John B. Nowell, Dermot F. O'Reilly, Richard V. Spencer, Kirk B. Stabler, Andrew L. Traver, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy and Heather Wilson. Counsel arguing: Tyce R. Walters Answering argument time: 20 minutes [1000398158] [18-1699] Tyce Walters [Entered: 11/05/2018 01:38 PM]
October 30, 2018 Filing 25 ORAL ARGUMENT ACKNOWLEDGMENT by City and County of San Francisco, City of New York and City of Philadelphia. [1000393917] [18-1699] Matthew MacLean [Entered: 10/30/2018 10:19 AM]
October 29, 2018 Filing 24 CASE CALENDARED for oral argument. Date: 12/11/2018. Registration Time: 8:45 - 9:00. Daily Arguments Begin: 9:30. Oral argument acknowledgment form due within 10 days. [18-1699] JLC [Entered: 10/29/2018 03:14 PM]
October 17, 2018 Filing 23 NOTICE RE: CONFLICT WITH PROPOSED ARGUMENT DATES by Appellees DOD, Mark T. Esper, David P. Glaser, James N. Mattis, John B. Nowell, Dermot F. O'Reilly, Richard V. Spencer, Kirk B. Stabler, Andrew L. Traver, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy and Heather Wilson. Argument Session: 12/11/18-12/13/18 Days you are available: December 11, December 12 Other scheduling information: On October 17, the D.C. Circuit set an appeal also handled by counsel here to be argued December 13. Accordingly, counsel respectfully request that argument be set on December 11, if possible, to allow time for travel and preparation between arguments. [18-1699] Tyce Walters [Entered: 10/17/2018 04:04 PM]
October 15, 2018 Filing 22 Receipt of paper copy of RESPONSE BRIEF filed at [ # 21 ] by Mark T. Esper, David P. Glaser, James N. Mattis, John B. Nowell, Dermot F. O'Reilly, Richard V. Spencer, Kirk B. Stabler, Andrew L. Traver, DOD, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy and Heather Wilson. Number of pages: [55]. Sufficient: YES. Number of Copies: [4]. Received by clerk date: 10/17/2018. [1000386374] [18-1699] EB [Entered: 10/17/2018 01:04 PM]
October 15, 2018 Filing 21 BRIEF by DOD, Mark T. Esper, David P. Glaser, James N. Mattis, John B. Nowell, Dermot F. O'Reilly, Richard V. Spencer, Kirk B. Stabler, Andrew L. Traver, United States Department of the Air Force, United States Department of the Army and United States Department of the Navy and Heather Wilson in electronic and paper format. Type of Brief: RESPONSE. Method of Filing Paper Copies: mail. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 10/16/2018. [1000384944] [18-1699] Tyce Walters [Entered: 10/15/2018 08:48 PM]
October 10, 2018 Filing 20 Additional copies of the OPENING BRIEF and JOINT APPENDIX received from City and County of San Francisco, City of New York and City of Philadelphia. [18-1699] AB [Entered: 10/10/2018 03:40 PM]
October 4, 2018 Filing 19 CASE TENTATIVELY CALENDARED for oral argument during the 12/11/18 - 12/13/18 argument session. Additional copies due: 10/08/2018. Notify Clerk's Office of any scheduling conflict by: 10/10/2018. [18-1699] JLC [Entered: 10/04/2018 01:03 PM]
August 30, 2018 Opinion or Order Filing 18 ORDER filed [1000358671] granting Motion to extend filing time [ # 16 ]. Number of days granted: 30. Response brief due 10/15/2018. Reply brief due 11/08/2018. Copies to all parties. [18-1699] EB [Entered: 08/30/2018 01:34 PM]
August 29, 2018 Filing 16 MOTION by Appellees DOD, Mark T. Esper, David P. Glaser, James N. Mattis, John B. Nowell, Dermot F. O'Reilly, Richard V. Spencer, Kirk B. Stabler, Andrew L. Traver, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy and Heather Wilson to extend filing time for response brief until October 15, 2018 and extend filing time for reply brief until November 8, 2018.. Date and method of service: 08/29/2018 ecf. [1000358144] [18-1699] Tyce Walters [Entered: 08/29/2018 06:21 PM]
August 14, 2018 Filing 15 Receipt of paper copy of APPENDIX filed at [ # 13 ] by City and County of San Francisco, City of New York and City of Philadelphia. Total number of volumes (including any sealed): [1]. Total number of pages in all volumes: [359]. Total number of sealed volumes: 0. Sufficient? Yes. CD/DVD/Other exhibit? No. Number of copies: [1]. Received by clerk date: 08/15/2018. [1000349566] [18-1699] EB [Entered: 08/15/2018 02:53 PM]
August 14, 2018 Filing 14 Receipt of paper copy of OPENING BRIEF filed at [ # 12 ] by City and County of San Francisco, City of New York and City of Philadelphia. Number of pages: [104]. Sufficient: Yes. Number of copies: [1]. Received by clerk date: 08/15/2018. [1000349564] [18-1699] EB [Entered: 08/15/2018 02:52 PM]
August 14, 2018 Filing 13 FULL ELECTRONIC APPENDIX and full paper appendix by Appellants City and County of San Francisco, City of New York and City of Philadelphia. Method of Filing Paper Copies: hand delivery. Date paper copies mailed dispatched or delivered to court: 08/15/2018. [1000348974] [18-1699] Matthew MacLean [Entered: 08/14/2018 05:39 PM]
August 14, 2018 Filing 12 BRIEF by Appellants City and County of San Francisco, City of New York and City of Philadelphia in electronic and paper format. Type of Brief: OPENING. Method of Filing Paper Copies: hand delivery. Date Paper Copies Mailed, Dispatched, or Delivered to Court: 08/15/2018. [1000348973] [18-1699] Matthew MacLean [Entered: 08/14/2018 05:37 PM]
July 11, 2018 Filing 11 APPEARANCE OF COUNSEL by Tyce R. Walters for Richard A. Brown, DOD, Mark T. Esper, David P. Glaser, James N. Mattis, John B. Nowell, Dermot F. O'Reilly, Richard V. Spencer, Kirk B. Stabler, Andrew L. Traver, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy and Heather Wilson.[1000327526] [18-1699] Tyce Walters [Entered: 07/11/2018 12:02 PM]
July 11, 2018 Filing 10 DOCKETING FORMS FOLLOW-UP NOTICE ISSUED to Mr. Dennis Carl Barghaan, Jr. for Appellees United States Department of the Air Force, United States Department of the Navy, United States Department of the Army, DOD, James N. Mattis, Richard V. Spencer, Heather Wilson, Mark T. Esper, Dermot F. O'Reilly, Kirk B. Stabler, Andrew L. Traver, David P. Glaser and John B. Nowell and Daniel Halainen for Appellees United States Department of the Air Force, United States Department of the Navy, United States Department of the Army, DOD, James N. Mattis, Richard V. Spencer, Heather Wilson, Mark T. Esper, Dermot F. O'Reilly, Kirk B. Stabler, Andrew L. Traver, David P. Glaser and John B. Nowell re: filing of appearance form. Appearance form due on 07/16/2018 from Dennis Carl Barghaan Jr., Assistant U. S. Attorney and Daniel Halainen. Mailed to: Daniel Halainen. [18-1699] EB [Entered: 07/11/2018 09:52 AM]
July 5, 2018 Filing 9 BRIEFING ORDER filed. Mailed to: Melanie Ash; Nicholas M. Buell ;Zachary W. Carter; Owen J. Clements; Jeetander T. Dulani; Eleanor N. Ewing; Benjamin H. Field; Daniel Halainen; Dennis J Herrera; Yvonne R. Mere; Marcel S. Pratt; Eric Proshansky; Matthew F. Putorti; Kenneth W. Taber. Opening Brief and Appendix due 08/14/2018. Response Brief due 09/13/2018. [18-1699] EB [Entered: 07/05/2018 04:02 PM]
July 5, 2018 Opinion or Order Filing 8 ORDER filed [1000324556] substituting party. Rear Admiral John B. Nowell substituted for Rear Admiral Richard A. Brown. Copies to all parties. Mailed to: Melanie Ash; Nicholas M. Buell ;Zachary W. Carter; Owen J. Clements; Jeetander T. Dulani; Eleanor N. Ewing; Benjamin H. Field; Daniel Halainen; Dennis J Herrera; Yvonne R. Mere; Marcel S. Pratt; Eric Proshansky; Matthew F. Putorti; Kenneth W. Taber. [18-1699] EB [Entered: 07/05/2018 03:48 PM]
July 5, 2018 Filing 7 DOCKETING STATEMENT by Appellants City and County of San Francisco, City of New York and City of Philadelphia. [18-1699] Matthew MacLean [Entered: 07/05/2018 03:25 PM]
July 5, 2018 Filing 6 DISCLOSURE OF CORPORATE AFFILIATIONS by Appellant City and County of San Francisco. Was any question on Disclosure Form answered yes? No [1000324514] [18-1699] Matthew MacLean [Entered: 07/05/2018 03:21 PM]
July 5, 2018 Filing 5 DISCLOSURE OF CORPORATE AFFILIATIONS by Appellant City of Philadelphia. Was any question on Disclosure Form answered yes? No [1000324510] [18-1699] Matthew MacLean [Entered: 07/05/2018 03:19 PM]
July 5, 2018 Filing 4 DISCLOSURE OF CORPORATE AFFILIATIONS by Appellant City of New York. Was any question on Disclosure Form answered yes? No [1000324507] [18-1699] Matthew MacLean [Entered: 07/05/2018 03:17 PM]
July 5, 2018 Filing 3 APPEARANCE OF COUNSEL by Matthew J. MacLean for City of New York, City of Philadelphia and City and County of San Francisco.[1000324496] [18-1699] Matthew MacLean [Entered: 07/05/2018 03:12 PM]
June 21, 2018 Filing 2 DOCKETING NOTICE issued Re: [ # 1 ] Case. Initial forms due within 14 days. Originating case number: 1:17-cv-01464-CMH-MSN. Mailed to: Melanie Ash; Nicholas M. Buell ;Zachary W. Carter; Owen J. Clements; Jeetander T. Dulani; Eleanor N. Ewing; Benjamin H. Field; Daniel Halainen; Dennis J Herrera; Yvonne R. Mere; Marcel S. Pratt; Eric Proshansky; Matthew F. Putorti; Kenneth W. Taber. [18-1699] EB [Entered: 06/21/2018 01:45 PM]
June 21, 2018 Filing 1 Case docketed. Originating case number: 1:17-cv-01464-CMH-MSN. Case manager: EBorneisen. [18-1699] EB [Entered: 06/21/2018 01:19 PM]

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Search for this case: City of New York v. DOD
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Defendant / appellee: UNITED STATES DEPARTMENT OF THE AIR FORCE
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Defendant / appellee: RICHARD V. SPENCER, in his official capacity as United States Secretary of the Navy
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Defendant / appellee: DR. MARK T. ESPER, in his official capacity as United States Secretary of the Army
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Defendant / appellee: UNITED STATES DEPARTMENT OF DEFENSE
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Defendant / appellee: UNITED STATES DEPARTMENT OF THE ARMY
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Defendant / appellee: ANDREW L. TRAVER, in his official capacity as Director of the Naval Criminal Investigative Service
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Defendant / appellee: JAMES N. MATTIS, in his official capacity as United States Secretary of Defense
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Defendant / appellee: COLONEL KIRK B. STABLER, in his official capacity as Commander of the Air Force Office of Special Investigations
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Defendant / appellee: UNITED STATES DEPARTMENT OF THE NAVY
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Defendant / appellee: REAR ADMIRAL RICHARD A. BROWN, in his official capacity as Commander of the Navy Personnel Command and Deputy Chief of Naval Personnel
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
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Defendant / appellee: HEATHER WILSON, in her official capacity as United States Secretary of the Air Force
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Defendant / appellee: MAJOR GENERAL DAVID P. GLASER, in his official capacity as Commanding General of the United States Army Criminal Investigation Command
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Defendant / appellee: DERMOT F. O'REILLY, in his official capacity as Director of the Defense Criminal Investigative Service
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Defendant / appellee: REAR ADMIRAL JOHN B. NOWELL, in his official capacity as Commander of the Navy Personnel Command and Deputy Chief of Naval Personnel
Represented By: Dennis Carl Barghaan Jr.
Represented By: Daniel Halainen
Represented By: Tyce R. Walters
Represented By: G. Zachary Terwilliger
Represented By: Michael J. Fucci
Represented By: Joseph H. Hunt
Represented By: Mark B. Stern
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Plaintiff / appellant: CITY OF PHILADELPHIA
Represented By: Nicholas M. Buell
Represented By: Jeetander T. Dulani
Represented By: Marcel S. Pratt
Represented By: Benjamin H. Field
Represented By: Laura Bourgeois LoBue
Represented By: Matthew F. Putorti
Represented By: Eleanor N. Ewing
Represented By: Kenneth W. Taber
Represented By: Matthew Jeffrey MacLean
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Plaintiff / appellant: CITY OF NEW YORK
Represented By: Nicholas M. Buell
Represented By: Jeetander T. Dulani
Represented By: Melanie Ash
Represented By: Eric Proshansky
Represented By: Laura Bourgeois LoBue
Represented By: Matthew F. Putorti
Represented By: Kenneth W. Taber
Represented By: Matthew Jeffrey MacLean
Represented By: Zachary W. Carter
Represented By: Eric Lee
Represented By: Claude S. Platton
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Plaintiff / appellant: CITY AND COUNTY OF SAN FRANCISCO
Represented By: Nicholas M. Buell
Represented By: Jeetander T. Dulani
Represented By: Laura Bourgeois LoBue
Represented By: Matthew F. Putorti
Represented By: Kenneth W. Taber
Represented By: Owen J. Clements
Represented By: Matthew Jeffrey MacLean
Represented By: Yvonne R. Mere
Represented By: Dennis J. Herrera
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