Karnoski et al v. Trump et al
| Ryan Karnoski, Cathrine Schmid, D.L., Laura Garza, Human Rights Campaign, Gender Justice League, Lindsey Muller, Terece Lewis, Phillip Stephens, Megan Winters, Jane Doe, Conner Callahan and American Military Partner Association |
| Donald J. Trump, United States of America, James N Mattis and United States Department of Defense |
| State of Washington |
| 2:2017cv01297 |
| August 28, 2017 |
| US District Court for the Western District of Washington |
| Seattle Office |
| King |
| Marsha J. Pechman |
| Employment |
| 28 U.S.C. ยง 451 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
686
ORDER re Parties' 685 Joint Status Report. The Court GRANTS the request and ORDERS that the stay is EXTENDED until August 26, 2021. Signed by Judge Marsha J. Pechman. (PM)
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Filing
683
ORDER re parties' 682 Joint Status Report. The Court GRANTS the Parties' request; this case is further STAYED to July 29, 2021 and the Parties are ORDERED to submit a stipulation of dismissal or a joint status report with their respective positions on what issues remain in this proceeding by July 29. Signed by Judge Marsha J. Pechman. (PM)
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Filing
679
ORDER STAYING CASE re Parties' 678 Joint Status Report. The Court GRANTS the Parties' request. The case will be stayed until June 11, 2021 and the Parties are ORDERED to file a Joint Status Report no later than June 11, 2021 setting forth their respective positions regarding further proceedings in this matter. Signed by Judge Marsha J. Pechman. (PM)
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Filing
674
ORDER re parties' 668 Joint Stipulation for a Stay. This case is stayed until April 9, 2021. The current scheduling order in this case, ECF No. 554 , and all deadlines therein are vacated. The parties' proposed joint case schedul e, ECF No. 655 , is denied as moot. The parties shall file a Joint Status Report by April 9, 2021 setting forth their respective positions regarding what further proceedings, if any, will be necessary in this case. Signed by Judge Marsha J. Pechman. (PM)
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Filing
666
ORDER RE: IN CAMERA REVIEW OF DOCUMENTS 645 646 654 661 . The Court ORDERS that documents defined in this order be produced to Plaintiffs not later than January 28, 2021. The Court further finds that the documents (PrivWi thhold 9185-9289) attached to the Easton Declaration (Dkt. No. 574 , Ex. 1) were not properly withheld under the DPP. The Government is therefore ORDERED to produce these documents by January 28, 2021. Signed by Judge Marsha J. Pechman. (PM)
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Filing
657
ORDER CONCERNING CASE SCHEDULE re Parties' 655 Joint Stipulated Motion. The current deadline of December 28, 2020 to file dispositive motions is vacated. Signed by Judge Marsha J. Pechman. (PM)
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Filing
641
ORDER RE DOCUMENTS SUBMITTED FOR IN CAMERA REVIEW (DKT. NOS. 599 , 624 , 633 , 639 ). Defendants are ORDERED to produce all documents where the privilege category is designated with N in the spreadsheets attached to this Order by Dece mber 9, 2020. The missing 55 documents will be filed with the Court on the same date. Defendants are not required to produce documents marked with a Y at this time. For those documents requiring a further Warner review, as indicated in the spr eadsheets attached to this Order, the Defendants will file their submission focusing principally on the fourth factor of the Warner analysis by December 9, 2020. Plaintiffs, if they choose, can file a response not later than December 16, 2020, although one is not required. The Warner analysis will then be considered submitted, and the Court will issue a further Order. Signed by Judge Marsha J. Pechman. (Attachments: # 1 Exhibit 1 (documents submitted 9/14/2020), # 2 Exhibit 2 (documents submitted 10/9/2020), # 3 Exhibit 3 (documents submitted 10/30/2020), # 4 Exhibit 4 (documents submitted 11/13/2020)) (PM)
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Filing
634
ORDER granting in part and denying in part Defendant's 601 Motion to Stay. The Court GRANTS the Government's Motion to Stay the Court's Order denying Defendants' Motions to Quash the Third-Party Subpoenas (Dkt. Nos. 596 , [6 06], Ex. 1). The Order is STAYED until the Parties' remaining discovery disputes are resolved and the Court issues an Order lifting the stay. The Court DENIES Defendants' Motion to Stay all remaining discovery in this matter. Signed by Judge Marsha J. Pechman. (PM)
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Filing
629
ORDER RE: OCTOBER 28, 2020 STATUS CONFERENCE; OUTLINING PRODUCTION SCHEDULE FOR DPP-MARKED DOCUMENTS FROM THE TIME PERIODS JULY 13, 2015 THROUGH JUNE 30, 2016 AND SEPTEMBER 14, 2017 THROUGH JANUARY 11, 2018 re 627 Joint Status Report. Signed by Judge Marsha J. Pechman. (PM)
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Filing
617
ORDER RE: SEPTEMBER 29, 2020 STATUS CONFERENCE; OUTLINING PRODUCTION SCHEDULE signed by Judge Marsha J. Pechman. (PM)
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Filing
614
ORDER RE: IN CAMERA REVIEW OF DOCUMENTS SUBMITTED BY DEFENDANTS RE: PRESIDENTIAL TWEET (DKT. NOS. 545 , 569 , 572 ). The Court finds that the documents do not fall within the proper scope of the Deliberative Process Privilege and ORDERS Defendants to produce the documents by October 5, 2020. Signed by Judge Marsha J. Pechman. (LH)
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Filing
600
ORDER re 572 579 : Defendants are ORDERED to submit to Plaintiffs and the Court a privilege log that identifies the document, date, DoD number, and PrivWithhold number for each document submitted for in camera review. The privilege log shall be filed on the docket and submitted to the Court as an Excel Spreadsheet by September 14, 2020. Signed by Judge Marsha J. Pechman. (LH)
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Filing
596
ORDER denying Defendants' 556 557 558 591 Motions to Quash Third-Party Subpoenas. The Court finds that Plaintiffs have demonstrated that extraordinary circumstances justify the depositions of third-party witnesses General Paul J. Selva, Secretary Robert Wilkie Jr., Secretary James N. Mattis, and Admiral William F. Moran. Signed by Judge Marsha J. Pechman. (LH)
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Filing
569
ORDER re 567 Joint Status Report. The Government is ORDERED to submit to the Court for in camera review the 245 communications on Defendants' privilege log identified in Plaintiffs' August 17, 2020 letter by August 28, 2020. All privi leged documents from the time period January 11, 2018 to February 22, 2018 shall be submitted by September 4, 2020. These submissions will include a certification that at least one of the Government's counsel has personally reviewed these documents. The transcript of the Court's December 10, 2020 Status Conference and the Court's special master process will not be amended. Signed by Judge Marsha J. Pechman. (LH)
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Filing
566
ORDER denying Government's 547 Motion to Stay the Court's July 15, 2020 Order (Dkt. 545 ). The Government may bring any privileged documents outside the timeframe of July 13, 2015 through June 30, 2016 and September 14, 2017 through J anuary 11, 2018 to the Court for an in camera review without motion practice; The Government must submit all privileged documents from the time period January 11, 2018 to February 22, 2018 to the Court for in camera review by August 28, 2020. The Government is ORDERED to comply with the Court's July 15, 2020 Order (Dkt. No. 545 )with these additional modifications by August 28, 2020. Signed by Judge Marsha J. Pechman.(LH)
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Filing
564
JOINT STIPULATION TO CONSOLIDATE CASES NO. 2:17-CV-1297-MJP AND NO. 2:20-MC-69-MJP FOR ALL PURPOSES re 563 Stipulation. The Court hereby ORDERS the following: No. 2:20-mc-69-MJP, concerning the motion to quash the deposition of former Vice Chief of Naval Operations Admiral William F. Moran, shall be consolidated with the underlying case, No. 2:17-cv-1297-MJP, for all purposes pursuant to FRCP 42 and LCR 42. All future filings shall be filed in 2:17-cv-1297-MJP. Signed by Judge Marsha J. Pechman. (PM)
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Filing
555
JOINT STIPULATION TO UNSEAL SELVA MOTION TO QUASH AND CONSOLIDATE CASES FOR ALL PURPOSES re 552 Stipulation. The Court hereby ORDERS the following: No. 2:20-mc-00055-MJP, concerning the motion to quash the deposition of former Vice Chairman of the Joint Chiefs of Staff General Paul J. Selva, is hereby unsealed, however, individual documents that previously were placed under seal by the transferor court shall remain under seal; No. 2:20-mc-00061-MJP, No. 2:20-mc-00055-MJP, and No. 2:20-mc- 00056- MJP, concerning the motions to quash the depositions of former Secretary of Defense James N. Mattis, former Vice Chairman of the Joint Chiefs of Staff General Paul J. Selva, and current Secretary of Veterans Affairs Robert Wilkie Jr., respectively, shall be consolidated with the underlying case, No. 2:17-cv- 1297-MJP, for all purposes pursuant to FRCP 42 and LCR 42. All future filings shall be filed in 17-cv-1297 MJP. Signed by Judge Marsha J. Pechman. (PM)
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Filing
551
ORDER RE: IN CAMERA REVIEW OF DOCUMENTS SUBMITTED BY DEFENDANTS IN RESPONSE TO JULY 15, 2020 ORDER RE Dkt. Nos. 497 , 514 , 536 , 540 - 542 , 545 , 549 . As indicated in Attachment 1, Defendants must produce all documents where the privilege c ategory is designated with "N" in accordance with the Court's recent Order holding Defendants' production deadlines in abeyance until the Court issues its ruling on Defendants' pending Motion to Stay. (Dkt. Nos. 547 , 550 .) Signed by Judge Marsha J. Pechman. (Attachments: # 1 Attachment 1)(LH)
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Filing
550
ORDER re: 546 Joint Status Report, Defendants' 547 Motion to Stay and July 21, 2020 Status Conference. The production deadlines in the Court's July 15, 2020 Order (Dkt. No. 545 ) are HELD IN ABEYANCE until the Court issues a written order on Defendants' Motion to Stay (Dkt. No. 547 ). Further, the Court sets a new trial date of April 26, 2021 at 9:00 a.m. and will not set a new discovery cutoff deadline at this time. Signed by Judge Marsha J. Pechman (PM)
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Filing
549
ORDER AMENDING JULY 15, 2020 ORDER (DKT. NO. 545 ). The Court has reviewed the Attachment and all documents that were erroneously marked, which are dated on the privilege log with a date after July 13, 2015 and before June 30, 2016, and has adjusted the ruling on the documents referenced in this order as further reflected on the Amended Attachment 1. Signed by Judge Marsha J. Pechman. (Attachments: # 1 Amended Attachment 1)(PM)
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Filing
545
ORDER re 497 514 536 540 - 542 . After conducting an in camera review of the randomly selected sample of documents the Government has withheld solely on the basis of the DPP, the Court finds that Defendants have broadly over-asserted the privilege. The Court therefore ORDERS Defendants to produce documents, as indicated in the attachment to this Order. As to those documents where the privilege category is designated with N, the Government is required to produce these document s not later than July 22, 2020. As to those documents where the privilege category is marked Y, the Court is satisfied that a prima facie case of DPP privilege has been established. Further, Defendants must produce all documents that fall o utside the date ranges of July 13, 2015 to February 6, 2016 June 30, 2016 (Carter policy) and September 14, 2017 to January 11, 2018 (Mattis policy) and all documents or portions of documents that are purely factual by July 29, 2020. Signed by Judge Marsha J. Pechman. (Attachments: # 1 Attachment 1, # 2 Attachment 2)Pechman(PM) Modified on 7/15/2020 to correct date from 2/6/2016 to 6/30/2016 (PM). (Main Document 545 replaced on 7/15/2020) (PM).
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Filing
543
ORDER granting Plaintiffs' 538 Motion to Seal. Plaintiffs' Response to the Court's Questions in its June 24, 2020 Order shall remain redacted and Exhibits 9 and 1621 thereto will remain filed under seal. Signed by Judge Marsha J. Pechman.(LH)
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Filing
536
ORDER re JUNE 23, 2020 STATUS CONFERENCE. Defendants are ORDERED to produce for in camera review a randomized selection of 500 additional documents that were withheld solely on the basis of the deliberative process privilege. Both Parties are ORDERED to answer the Court's questions regarding the 350 documents previously submitted for in camera review and provide any necessary additional information regarding the decisional timeline provided. Signed by Judge Marsha J. Pechman. (TH)
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Filing
532
MINUTE ORDER directing Defendants to file an updated privilege log for the Court's in camera review re: Dkt Nos. 525 and 530 . Revised privilege log to be submitted by close of business on Thursday, June 18. Authorized by Judge Marsha J. Pechman. (PM)
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Filing
527
ORDER granting Parties' 523 Joint Stipulated Motion for Extension of Time to Comply with Dkt. No. 514 . Defendants shall complete their production of the 350 randomly selected documents withheld solely on the basis of the deliberative process no later than June 5, 2020. Signed by Judge Marsha J. Pechman. (PM)
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Filing
522
IN CAMERA REVIEW OF DOCUMENTS SUBMITTED PURSUANT TO THE COURT'S ORDER ON DOCUMENTS WITHHELD BY THE GOVERNMENT AS NON-RESPONSIVE (DKT. NOS. 455 , 464 ). After close consultation with the Special Master following the review of each document su bmitted by the Defendants, the Court finds that the Government has been overbroad in its privilege assertions, straying far outside the bounds of the deliberative process privilege and asserting the attorney-client privilege without care. The Gove rnment can and should do better. The Court therefore ORDERS the Government to produce all documents listed in the attached exhibit in which N has been marked in the column labelled Privileged (as modified by permissible redactions set forth in the Reasons column) not later than June 5, 2020. The Government need not produce documents that have been labelled by a Y or have no designation in the Privileged column. Signed by Judge Marsha J. Pechman. (Attachments: # 1 Attachment to Order on In Camera Review for Family Documents) (PM)
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Filing
517
JOINT STIPULATION CONCERNING THE COURT'S ORDERS ON PLAINTIFFS' REQUEST FOR PRODUCTION NO. 44 AND WASHINGTON'S REQUEST FOR PRODUCTION NO. 16 per parties' 516 Stipulation. Defendants' 488 Motion for Extension of Time shall be denied as moot. Signed by Judge Marsha J. Pechman. (PM)
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Filing
514
ORDER granting Plaintiff's 497 Motion to Compel. The Court ORDERS Defendants to produce the random sample of 350 documents to the Court for an in camera review by May 29, 2020. Further, Defendants must provide Plaintiffs with an accurate list of withheld documents and privilege assertions by May 22, 2020 and the Plaintiffs must provide Defendants with the randomized list of 350 documents by May 26, 2020. Signed by Judge Marsha J. Pechman. (PM)
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Filing
509
ORDER RE MOTION TO COMPEL THE GOVERNMENT'S WITHHELD COMMUNICATIONS WITH THIRD PARTIES (DKT. NO. 440 ); REQUIRING PRODUCTION OF DOCUMENTS AFTER IN CAMERA REVIEW. The Defendants will produce Priv/Withholding pages 1-109, 120-174, 185-357, 368-496 , 517-1414 to plaintiffs not later than May 20, 2020. Defendants will provide further information on why Priv/Withhold document 110-119 should not be ordered produced not later than May 20, 2020. Defendants will produce copies of the Easton and Carmi chael Declarations to plaintiffs (except Ex. 6 to Carmichael Declaration) not later than May 20, 2020. Defendants claims of privilege relating to the email chain attached as Ex. 6 to the Carmichael Declaration are sustained. Signed by Judge Marsha J. Pechman. (PM)
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Filing
508
ORDER granting Plaintiffs' 490 Motion for Extend the Discovery Motions Deadlines. Motions related to discovery due 5/29/2020. Signed by Judge Marsha J. Pechman. (PM)
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Filing
499
ORDER re Parties' 498 Joint Stipulation to Extend Briefing to Defendants' 488 MOTION for Extension of Time to Respond to Court's Order Regarding LCR 37 Joint Submission on Plaintiffs' RFP 44. Plaintiff and Plaintiff-Intervenor's Response due 5/13/2020; Defendants' Reply due 5/19/2020. Signed by Judge Marsha J. Pechman (Noting Date of 488 Motion is reset to 5/19/2020) (PM)
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Filing
487
ORDER REQUIRING ADDITIONAL INFORMATION TO COMPLETE IN CAMERA PRIVILEGE REVIEW RE DOCUMENTS WITHHELD AS NON-RESPONSIVE (DKT. NOS. 449 , 455 , 464 . The Court ORDERS Defendants to produce by May 1, 2020: (1) the root documents to which the claimed p rivileged family documents were attached, and (2) a revised privilege log that includes the document number of the root document and the corresponding document number of the family documents submitted for in camera review. The privilege log sh ould also include the PrivWithhold page ranges of the documents submitted for in camera review. Further, any future privilege logs for documents withheld based upon an assertion of privilege will contain a column designated PrivWithold which will identify the page range of any documents withheld pursuant to a claim of privilege. Signed by Judge Marsha J. Pechman. (PM)
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Filing
486
ORDER granting the State of Washington's 482 Motion to Compel Defendants to Seek and Produce Information Reasonably Available and Within Their Control. Defendants shall produce the requested information or file their stipulation by May 8, 2020. Signed by Judge Marsha J. Pechman. (PM)
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Filing
485
ORDER granting Plaintiff-Intervenor Washington State's 480 LCR 37 Joint Submission Regarding Plaintiffs' RFP No. 44. The Government will produce, by May 1, 2020, all documents responsive to this Request. Signed by Judge Marsha J. Pechman. (PM)
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Filing
479
ORDER APPOINTING SPECIAL MASTER. Signed by Judge Marsha J. Pechman. (Attachments: # 1 Declaration of James Donohue)(MW)
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Filing
477
ORDER granting Plaintiff's 364 Renewed MOTION to Compel Documents Withheld Under the Deliberative Process Privilege. The Court will hold its next status conference on May 7, 2020. Signed by Judge Marsha J. Pechman. (PM)
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Filing
475
ORDER granting Plaintiffs' 471 Motion to Seal. Exhibits 1-27 473 (Response Exhibits) to Plaintiffs' Response to the Court's Order Providing Notice of the Appointment of a Special Master and Exhibits 1-27 thereto will remain filed under seal. Signed by Judge Marsha J. Pechman. (PM)
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Filing
466
ORDER PROVIDING NOTICE OF THE APPOINTMENT OF A SPECIAL MASTER. The Court intends to appoint a special master to oversee selected discovery issues in this matter. The Court ORDERS any party that opposes such appointment to file a brief not to exceed three pages no later than March 31, 2020. Signed by Judge Marsha J. Pechman. (PM)
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Filing
464
ORDER granting Parties' 463 Agreed Motion for Clarification or Reconsideration of the Court's March 4, 2020 Order (Dkt. No. 455 ). The Court ORDERS Defendants to (1) Produce privilege logs to Plaintiffs and the Court specific to the privileged documents Defendants discovered while preparing the family of documents for production. The privilege logs shall be produced by Friday March 20, 2020; (2) Produce the privileged documents to the Court for in camera review by Friday March 27, 2020. Signed by Judge Marsha J. Pechman. (PM)
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Filing
458
ORDER ON LCR 37 JOINT SUBMISSION REGARDING THE GOVERNMENT'S RESPONSES TO INTERROGATORIES WITHHELD UNDER DELIBERATIVE PROCESS PRIVILEGE. It is ordered that the Defendants shall comply with the instructions in this order by no later than 3/16/2020. Signed by Judge Marsha J. Pechman. (TH)
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Filing
455
ORDER ON LCR 37 JOINT SUBMISSION REGARDING DOCUMENTS WITHHELD BY THE GOVERNMENT AS NON-RESPONSIVE. IT IS ORDERED that the Government's motion to strike (Dkt. No. 452 ) Plaintiffs' reply for violation of LCR 37(a)(2) is DENIED. IT IS FURTHER ORDERED that the motion to compel the production of documents withheld by the Government as non-responsive (Dkt. No. 449 ) is GRANTED. Signed by Judge Marsha J. Pechman. (TH)
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Filing
436
ORDER granting Plaintiffs' 420 Motion to Seal. Signed by Judge Marsha J. Pechman.(MW)
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Filing
413
ORDER granting Defendants' 405 Motion for Clarification and denying Defendants' 405 Motion for a Stay. Defendants are required to produce all documents responsive to Request for Production No. 29. Defendants are ORDERED to produce all documents responsive to Request for Production No. 29, including those documents from the categories stated, within seven (7) days of the date of this Order. Signed by Judge Marsha J. Pechman. (PM)
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Filing
401
ORDER granting Plaintiffs' 364 MOTION to Compel Documents Withheld Under the Deliberative Process Privilege; REQUEST NOS. 15, 29, 33, 36, AND 44. On February 3, 2020 the Parties will meet with the Court to assess Defendants' privilege claims regarding Plaintiffs' next five prioritized Requests for production. Signed by Judge Marsha J. Pechman. (PM)
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Filing
394
ORDER granting in part and denying in part Plaintiff's 364 Motion to Compel Documents Withheld Under the Deliberative Process Privilege. Because the Defendants' current production does not permit Plaintiffs or the Court to assess Defe ndants' privilege claims, after Plaintiffs have provided Defendants with a list of Requests for Production ordered by priority, Defendants are ORDERED to begin responding to each Request. On December 10, 2019 at 4 p.m., the Parties will meet with the Court to begin assessing Defendants' privilege claims by individual Requests for Production. Signed by Judge Marsha J. Pechman. (PM)
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Filing
387
ORDER granting Plaintiffs' 383 Motion to Seal. The January 29, 2018 email exchange between Secretary of Defense James Mattis to Greg Newbold, Ex. 62 (Dkt. No. 384 ), will remain filed under seal. Signed by Judge Marsha J. Pechman. (TH)
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Filing
372
ORDER granting in part Plaintiff's 356 Motion to Seal signed by Judge Marsha J. Pechman. (TH)
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Filing
367
ORDER re parties' 360 Joint Stipulation to Consolidate Cases. The Court ORDERS that Karnoski, et al. v. Trump, et al., Case No. 2:19-cv-01206-MJP be consolidated with Karnoski, et al. v. Trump, et al., Case No. 2:17-cv-01297-MJP for all purposes pursuant to LCR 42(a) with a trial date of June 22, 2020. All future filings must be submitted in the lead case, 2:17-cv-01297 -MJP. Signed by Judge Marsha J. Pechman (PM)
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Filing
362
ORDER granting Defendants' 361 Consent Motion for Extension of Time. Defendants shall file their response to Plaintiffs' Motion to Compel, ECF No. 358 , by August 29, 2019, and Plaintiffs shall file their reply in support of the motion by September 4, 2019. Signed by Judge Marsha J. Pechman. (PM)
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Filing
355
ORDER granting Defendants' 354 Motion for Extension of Time to Answer. Defendants shall file their response to Plaintiffs' Second Amended Complaint, ECF No. 347 , and Plaintiff-Intervenor's First Amended Complaint, ECF No. 348 , by 8/28/2019. Signed by Judge Marsha J. Pechman. (TH)
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Filing
350
JOINT STIPULATION AND ORDER to Vacate Preliminary Injunction re parties' 349 Stipulation. Signed by Judge Marsha J. Pechman. (SWT)
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Filing
344
AMENDED ORDER re: 343 Order re 341 Joint Stipulation to Revise Case Schedule. Bench Trial is set for 6/22/2020 at 09:00 AM before Judge Marsha J. Pechman. Amended pleadings due two weeks from the date the Court issues the revised case sc hedule, Motions pertaining to the Deliberative Process Privilege will be filed on or before August 22, 2019, Motions related to discovery due by 1/21/2020, Discovery completed by 2/18/2020, Dispositive motions due by 3/17/2020, Motions in Limine due by 5/26/2020, Joint Pretrial Order due by 6/10/2020, Trial briefs to be submitted by 6/10/2020, Pretrial Conference set for 6/12/2020 at 01:30 PM before Judge Marsha J. Pechman. Signed by Judge Marsha J. Pechman by Judge Marsha J. Pechman. (PM)
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Filing
343
ORDER re 341 Joint Stipulation to Revise Case Schedule. Bench Trial is set for 6/22/2020 at 09:00 AM before Judge Marsha J. Pechman. Amended pleadings due two weeks from the date the Court issues the revised case schedule, Motions pertainin g to the Deliberative Process Privilege will be filed on or before August 22, 2019, Motions related to discovery due by 1/21/2020, Discovery completed by 2/18/2020, Dispositive motions due by 3/17/2020, Motions in Limine due by 5/26/2020, Joint Pretrial Order due by 6/10/2020, Trial briefs to be submitted by 6/10/2020, Pretrial Conference set for 6/12/2020 at 01:30 PM before Judge Marsha J. Pechman. Signed by Judge Marsha J. Pechman. (PM)
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Filing
340
ORDER granting parties' 339 Stipulation and Order Concerning Case Schedule. IT IS HEREBY ORDERED thatthe Parties will propose and file an amended schedule to reset case deadlines by 7/12/2019. Signed by Judge Marsha J. Pechman. (TH)
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Filing
331
ORDER re 330 Stipulation. The following deadlines are VACATED: March 4, 2019 motions in limine deadline, March 27, 2019 pretrial order deadline, March 27, 2019 proposed findings of fact and conclusions of law deadline, March 29, 2019 pretrial conference, and April 8, 2019 trial date. Parties directed to submit a joint proposal for revisions to the case schedule within 21 days after the Ninth Circuit rules on the Mandamus Petition. Signed by Judge Marsha J. Pechman. (PM)
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Filing
311
ORDER denying Defendants' 300 Motion to Stay. The Court ORDERS Defendants to comply with Discovery Order; that the deadline for compliance with Discovery Order be extended until the Ninth Circuit has ruled on Defendants' Mandamus Petition; Defendants to certify to the Court by no later than 10/10/2018 that they have taken steps and are prepared to comply with its Discovery Order. Signed by Judge Marsha J. Pechman. (SWT) (cc: Ninth Circuit via ad hoc)
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Filing
305
CORRECTED MINUTE ORDER (re: 304 ) declining to issue an expedited ruling on Defendants' 300 MOTION to Stay Compliance with the Court's Discovery Order. Response due 8/8/2018; Reply due 8/10/2018. Authorized by Judge Marsha J. Pechman. (PM)
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Filing
299
ORDER granting Plaintiffs' 245 Motion to Compel and ORDERING Defendants to turn over those documents that have been withheld solely under the deliberative process privilege within 10 days of the date of this Order; denying Defendants' [2 68] Motion for Protective Order and ORDERING Defendants to produce a privilege log identifying the documents, communications, and other materials they have withheld under the presidential communications privilege within 10 days of the date of this Order. Signed by Judge Marsha J. Pechman. (PM)
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Filing
283
ORDER denying Defendants' 238 Motion to Stay Preliminary Injunction. The status quo shall remain steady as she goes, and the preliminary injunction shall remain in full force and effect nationwide. Signed by Judge Marsha J. Pechman. (PM)
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274
ORDER TO SHOW CAUSE re: Defenants' 238 MOTION to Stay Preliminary Injunction Pending Appeal. Parties are ordered to show cause why Defendants' Motion to Stay the Preliminary Injunction should not be renoted until after the Ninth Circuit enters a ruling or otherwise disposes of the appeal. Show Cause response due within seven (7) days of this order. Signed by Judge Marsha J. Pechman. (PM)
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Filing
272
STIPULATION AND ORDER extending time to respond to Defendants' Motion for Protective Order (dkt. re 268 ) re parties' 271 Stipulation. Any response to Defendants' Motion for Protective Order due 6/6/2018. Defendants shall file reply in support by 6/13/2018. Signed by Judge Marsha J. Pechman. (SWT)
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Filing
240
MINUTE ORDER re Defendants' 238 MOTION to Stay Preliminary Injunction Pending Appeal. The Court declines to issue an expedited ruling on the Motion, and will issue its ruling following the noting date. The response is due no later than May 14, 2018. The reply is due no later than May 18, 2018. Authorized by Judge Marsha J. Pechman. (TH)
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235
ORDER denying Defendants' 225 Motion for Protective Order and ordering discovery in the case to proceed. Signed by Judge Marsha J. Pechman. (PM)
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233
ORDER granting in part and denying in part Plaintiffs' 129 Motion for Summary Judgment; granting in part and denying in part the State of Washington's 150 Motion for Summary Judgment; granting in part and denying in part Defendants&# 039; 194 Cross Motion for Partial Summary Judgment; striking Defendants' 223 Motion to Dissolve the Preliminary Injunction. The preliminary injunction previously entered otherwise remains in full force and effect. Signed by Judge Marsha J. Pechman. (PM)
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Filing
210
ORDER denying Defendants' 205 Motion for Clarification and Reconsideration. The Court expects Defendants to comply with its Order (Dkt. No. 204 ) no later than 5:00 PM Pacific Daylight Time on March 22, 2018. Signed by Judge Marsha J. Pechman. (PM)
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204
ORDER granting Plaintiffs' 190 Motion to Compel. Signed by Judge Marsha J. Pechman. (PM)
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198
MINUTE ORDER re: Defendants' 194 Cross-MOTION for Partial Summary Judgment. Any response to the Cross-Motion filed by Plaintiffs shall be filed separately from their reply in support of their Motion for Summary Judgment, and shall be limited to no more than 12 pages. Defendants' reply shall not exceed 6 pages. Authorized by Judge Marsha J. echman. (PM)
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Filing
189
ORDER denying Defendants' 178 Rule 56(d) Motion. Defendants are ORDERED to file any opposition to Plaintiffs' and Washington's 129 , 150 Motions for Summary Judgment within seven (7) days of the date of this Order. Thereafter, Plaintiffs and Washington will have seven (7) days to reply. Signed by Judge Marsha J. Pechman. (PM)
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Filing
183
STIPULATED UNIFORM PROTECTIVE ORDER AND CROSS-USE AGREEMENT PROTECTIVE ORDER re 180 Joint MOTION for Protective Order. Signed by Judge Marsha J. Pechman. (PM)
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Filing
175
ORDER granting Massachusetts, California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Maryland, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, and the District of Columbia's 170 Motion for Leave to File an Amicus Curiae Brief in support of Plaintiffs' and Intervenor-Plaintiff's motions for summary judgment. Signed by Judge Marsha J. Pechman. (PM)
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Filing
172
ORDER granting amici Legal Voice's 169 Agreed Motion for Leave to File Amicus Curiae Brief. Signed by Judge Marsha J. Pechman. (PM)
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Filing
153
ORDER granting Retired Military Officers and Former National Security Officials' 152 Agreed Motion for Leave to File to File Amicus Brief in Support of Plaintiffs' Motion for Summary Judgment. The amicus brief attached as Exhibit A to the Motion for Leave is hereby deemed filed. Signed by Judge Marsha J. Pechman. (PM)
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Filing
121
ORDER denying Defendants' 106 Motion for Clarification and Motion for Partial Stay of Preliminary Injunction Pending Appeal, signed by Judge Marsha J. Pechman. (SWT)
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Filing
103
ORDER granting in part and denying in part Defendants' 69 Motion to Dismiss; Order granting Plaintiffs' 32 Motion for Preliminary Injunction. 1. The Court GRANTS Defendants' Motion to Dismiss with respect to Plaintiffs' procedural due process claim; 2. The Court DENIES Defendants' Motion to Dismiss with respect to Plaintiffs' equal protection, substantive due process, and First Amendment claims; 3. The Court GRANTS Plaintiffs' Motion for a Prelimin ary Injunction, and hereby enjoins Defendants and their officers, agents, servants, employees, and attorneys, and any other person or entity subject to their control or acting directly or indirectly in concert or participation with Defendants from taking any action relative to transgender individuals that is inconsistent with the status quo that existed prior to President Trump's July 26, 2017 announcement. This Preliminary Injunction shall take effect immediately and shall remain in effect pending resolution of this action on the merits or further order of this Court. Signed by Judge Marsha J. Pechman. (PM)
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Filing
101
ORDER granting State of Washington's 55 Motion to Intervene. Signed by Judge Marsha J. Pechman. (PM)
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Filing
98
ORDER denying Defendants' 89 Motion for Stay of Proceedings signed by Judge Marsha J. Pechman. (PM)
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Filing
68
STIPULATION AND ORDER re 32 MOTION for Preliminary Injunction. Defendants' combined motion to dismiss and opposition to Plaintiffs' motion for a preliminary injunction shall not exceed forty-five (45) pages; and Plaintiffs' combined opposition to Defendants' motion to dismiss and reply in support of their motion for a preliminary injunction shall not exceed thirty-five (35) pages. Signed by Judge Marsha J. Pechman. (PM)
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Filing
66
STIPULATION AND ORDER extending time to respond to the State of Washington's 55 MOTION to Intervene. Response due 10/16/2017; Reply due 10/20/2017. Signed by Judge Marsha J. Pechman. (PM)
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Filing
53
ORDER granting 52 Stipulated Motion Setting Briefing Schedule re Plaintiffs' 32 motion for preliminary injunction and Defendants' motion to dismiss. Defendants' opposition to Plaintiffs' motion 32 and filing of motion to dismiss due 10/16/2017; Plaintiffs' reply in support of their motion 32 and opposition to Defendants' motion due 11/1/2017; Defendants' reply in support of their motion to dismiss due 11/9/2017. Signed by Judge Marsha J. Pechman. (PM)
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