Case: National Coalition for Men v. Selective Service System

4:16-cv-03362 | U.S. District Court for the Southern District of Texas

Filed Date: April 4, 2013

Closed Date: June 7, 2021

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Case Summary

The Selective Service System (SSS) was created in 1917 by the federal government following the U.S. entry into World War I. The law currently requires that all male U.S. citizens, and certain categories of non-U.S. citizen men residing in the U.S., aged 18-25 register with the SSS within 30 days of turning 18. On January 24, 2013, the Defense Secretary Leon Panetta announced that he was lifting the ban on women serving in combat roles in the U.S. military, removing the final barrier to women th…

On April 4, 2013, the National Coalition for Men (NCFM) and an individual plaintiff filed a class action suit against the SSS and its director, Lawrence G. Romo, in the United States District Court for the Central District of California. The plaintiffs sued under § 1983, alleging that the requirement that American men register for the draft violated the Equal Protection Clause under both the Fifth and Fourteenth Amendments as a form of discrimination on the basis of sex. The plaintiffs sought injunctive and declaratory relief, attorneys' fees and any other relief deemed just by the court. The case was assigned to District Judge Dale S. Fischer.

The defendants filed a motion to dismiss on June 17, 2013, on the basis that neither plaintiff had standing under the threshold requirement imposed by Article III of the Constitution. The defendants argued that the threshold requirement required both that the plaintiff must have suffered an injury and that there was a showing of jurisdiction. According to the defendants, the named plaintiff failed to adequately plead an injury, and the NCFM’s claim of organizational standing could not be demonstrated merely by claiming they were acting on the general behalf of male members of NCFM aged 18-25. The defendants also argued that the question of whether it was constitutional to only require men to register for the draft had already been litigated at the Supreme Court in Rostker v. Goldberg.

On July 29, 2013, Judge Fischer granted the motion to dismiss filed by the defendants on the basis that the plaintiffs’ case was hypothetical and abstract, rather than ripe for review. In other words, the plaintiff’s claim was not urgent, and Rostker provided clear precedent. The court also noted that the plaintiffs’ case was based on the unsupported conclusion that the 2013 memo issued by Defense Secretary Panetta meant that all combat positions would be opened to women, as opposed to combat roles generally.

The plaintiffs filed an appeal with the Ninth Circuit on September 26, 2013. On February 19, 2016, the Court of Appeals reversed and remanded the decision for further proceedings on the basis that the case could be fit for adjudication due to the Department of Defense’s new policies and the general advancement of women in society since the Rostker decision. The Ninth Circuit also held that extending the burden of registration to women or striking down the requirement for men could constitute an adequate remedy. 640 Fed. Appx. 664.

Back at the district court level, the defendants filed a motion to dismiss based on a lack of subject-matter jurisdiction for both plaintiffs and due to improper venue. The court held that the named plaintiff had standing to argue suffering an "injury in fact" as the standing minimum includes when the government imposes on affirmative obligation. NCFM was found to not have standing because it could not establish an injury to the organization and the named plaintiff was not identified as a member of the organization. Though the named plaintiff had standing, the court agreed that because he was a resident of Texas, the Central District of California was an improper venue. The case was dismissed without prejudice on November 9, 2016, and transferred to the Southern District of Texas.

On January 26, 2017, the named plaintiff filed a motion to amend his complaint to add another named plaintiff residing in Southern California who was an active member of the NCFM, and to reinstate the NCFM as a plaintiff. The plaintiff also filed a motion to transfer venue to the Southern District of California. The court granted plaintiff’s motion to amend his complaint but denied his motion to transfer venue on the basis that he failed to show good cause.

The court refused to grant the defendants’ motion to dismiss the case. In the eyes of the court, the plaintiffs lacked standing due to a failure to state a claim upon which relief could be granted, and no one suffered harm as a result of the SSS requirement. The court ruled that the requirement of registering with the SSS and obligation to update personal information constituted sufficient injury for standing. Regarding the plaintiffs’ claim, the defendants argued that the claim would intrude on congressional authority over military affairs and the court was still bound by the Rostker decision. The court responded that as in all policy areas, congressional authority over military affairs was subject to the Constitution, and that lifting the ban on women in combat roles created different factual circumstances from Rostker due to the recent lifting of the ban on women serving in combat and general advancement of women in all areas of society.

The plaintiffs filed a motion for summary judgment. The defendants filed a motion to stay proceedings and a cross-motion for summary judgment on the basis that Congress was considering modifying or abolishing current SSS requirements through the National Commission on Military, National and Public Service. On February 22, 2019, the court granted final judgment in favor of the plaintiffs but denied the plaintiffs’ request for injunctive relief. Regarding the male-only registration requirement and the Equal Protection clause, the court ruled that in order to justify legislation that differentiates on the basis of gender, the defendants must show that the classification “serves important governmental objectives and that the discriminatory means employed are substantially related to the achievement of those objectives.” The court held that defendants did not sufficiently show that the male-only registration was substantially related to the congressional objective of raising and supporting armies. 355 F. Supp. 3d 568.

On April 22, 2019, the defendants filed an appeal with the Fifth Circuit. The Fifth Circuit reversed the lower court’s decision on October 5, 2020, on the basis that the district court lacked the authority to overturn precedent set by the Supreme Court in Rostker. 969 F.3d 546.

The plaintiffs’ appeal to the Supreme Court failed with a denial of a petition for hearing the case issued on June 7, 2021. In an opinion authored by Justice Sotomayor, the Supreme Court denied the petition on the basis of both deference to Congress on national defense and military affairs and the fact that Congress was actively reviewing gender-based registration through the National Commission on Military, National and Public Service. 141 S.Ct. 1815 (Mem).

Summary Authors

Hannah Juge (10/15/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4543818/parties/national-coalition-for-men-v-selective-service-system/

Judge(s)

Berzon, Marsha Siegel (California)

Breyer, Stephen Gerald (District of Columbia)

Fischer, Dale S. (California)

Attorney for Plaintiff

Angelucci, Marc Etienne (California)

Attorney for Defendant

Diederich, Bryan Russell (District of Columbia)

Judge(s)

Berzon, Marsha Siegel (California)

Breyer, Stephen Gerald (District of Columbia)

Fischer, Dale S. (California)

Gould, Ronald Murray (Washington)

Kavanaugh, Brett M. (District of Columbia)

Miller, Gray Hampton (Texas)

Sotomayor, Sonia (District of Columbia)

Steeh, George Caram III (Michigan)

Attorney for Plaintiff

Angelucci, Marc Etienne (California)

Lee, Lynn Y. (District of Columbia)

Attorney for Defendant

Diederich, Bryan Russell (District of Columbia)

Gerardi, Michael J. (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:16-cv-03362 2:13-cv-02391	Docket [PACER]	June 7, 2021	June 7, 2021 Docket
1 4:16-cv-03362 2:13-cv-02391	For Injunctive and Declaratory Relief U.S. District Court for the Central District of California	April 4, 2013	April 4, 2013 Complaint
32 13-56690 2:13-cv-02391	Memorandum U.S. Court of Appeals for the Fifth Circuit	Feb. 19, 2016	Feb. 19, 2016 Order/Opinion 640 Fed.Appx. 664
44 2:13-cv-02391 4:16-cv-03362	(In Chambers) Order Granting in Part and Denying in Part Defendants’ Motion to Dismiss and Transferring the Action to the Southern District of Texas (Dkt. 34) U.S. District Court for the Central District of California	Nov. 9, 2016	Nov. 9, 2016 Order/Opinion 2016 WL 11605246
0:20-00928	[Opinion of the Court Denying Petition for Writ of Certiorari] Supreme Court of the United States	June 7, 2021	June 7, 2021 Order/Opinion 141 S.Ct. 1815

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4543818/national-coalition-for-men-v-selective-service-system/

Last updated April 9, 2026, 5:11 a.m.

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ECF Number	Date	Description	Link
1	April 4, 2013	COMPLAINT against Defendants Does 1 through 10 Inclusive, Lawrence G Romo, Selective Service System. Case assigned to Judge Dale S. Fischer for all further proceedings. Discovery referred to Magistrate Judge Margaret A. Nagle. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiffs National Coalition for Men, James Lesmeister. (et) (mg). (Entered: 04/04/2013)	RECAP
2	April 4, 2013	CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiffs James Lesmeister, National Coalition for Men. (et) (mg). (Entered: 04/04/2013)	RECAP
3	April 4, 2013	NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 04/04/2013)	RECAP
	April 4, 2013	21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Lawrence G Romo, Selective Service System. (et)
4	April 5, 2013	STANDING ORDER for Cases Assigned to Judge Dale S. Fischer (See document for specific details) by Judge Dale S. Fischer. (ir) (Entered: 04/05/2013)	RECAP
5	May 15, 2013	PROOF OF SERVICE Executed by Plaintiff National Coalition for Men, James Lesmeister, upon Defendant Lawrence G Romo served on 4/17/2013, answer due 6/16/2013; Selective Service System served on 4/17/2013, answer due 6/16/2013. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Ely Sams. Executed upon the Attorney Generals Office of the United States by delivering a copy to Theresa Wood. Executed upon the officer agency or corporation by delivering a copy to U.S. Attorney General. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt NOT attached. Original Summons NOT returned. Marc Angelucci (Angelucci, Marc) (Entered: 05/15/2013)	RECAP
6	June 17, 2013	NOTICE of Appearance filed by attorney Bryan R Diederich on behalf of Defendants Lawrence G Romo, Selective Service System (Diederich, Bryan) (Entered: 06/17/2013)	RECAP
7	June 17, 2013	DOCUMENT STRICKEN NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Lawrence G Romo, Selective Service System. Motion set for hearing on 7/29/2013 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Memorandum, # 2 Exhibit A-D, # 3 Proposed Order)(Diederich, Bryan) Modified on 6/18/2013 (dp). (Entered: 06/17/2013)	RECAP
8	June 17, 2013	REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 7 filed by Defendant Lawrence G Romo, Selective Service System. (Attachments: # 1 Exhibit A-C)(Diederich, Bryan) (Entered: 06/17/2013)	RECAP
9	June 17, 2013	NOTICE OF LODGING filed Table of Contents and Authorities re MOTION to Dismiss Case 7 (Attachments: # 1 Tables of Content & Authorities)(Diederich, Bryan) (Entered: 06/17/2013)	RECAP
10	June 18, 2013	TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING DOCUMENT: Document No. 7 filed on 6/17/13 is stricken for failure to comply with Local Rule 11-3.8 which requires that the title page includes the date and time of the hearing. Counsel also failed to provide where the hearing will be conducted. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dp) TEXT ONLY ENTRY (Entered: 06/18/2013)	RECAP
11	June 19, 2013	NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Lawrence G Romo, Selective Service System. Motion set for hearing on 7/29/2013 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Memorandum, # 2 Exhibit A-C, # 3 Proposed Order)(Diederich, Bryan) (Entered: 06/19/2013)	RECAP
12	June 19, 2013	REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 11 filed by Defendant Lawrence G Romo, Selective Service System. (Attachments: # 1 Exhibit A-C)(Diederich, Bryan) (Entered: 06/19/2013)	RECAP
13	July 8, 2013	DOCUMENT STRICKEN Opposition to Motion to Dismiss Plaintiffs' Opposition re: MOTION to Dismiss Case 11 filed by Plaintiffs James Lesmeister, National Coalition for Men. (Angelucci, Marc) Modified on 7/10/2013 (dp). (Entered: 07/08/2013)	RECAP
14	July 9, 2013	NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Objection/Opposition (Motion related) 13 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): The document was uploaded sideways. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bp) (Entered: 07/09/2013)	RECAP
15	July 10, 2013	TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING DOCUMENT: Document No. filed on 7-8-13is stricken as the document is uploaded sideways. Counsel to refile properly. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dp) (Entered: 07/10/2013)	RECAP
16	July 10, 2013	OPPOSITION OPPOSITION re: MOTION to Dismiss Case 11 filed by Plaintiffs James Lesmeister, National Coalition for Men. (Angelucci, Marc) (Entered: 07/10/2013)	RECAP
17	July 15, 2013	REPLY IN SUPPORT OF MOTION to Dismiss Case 11 filed by Defendants Lawrence G Romo, Selective Service System. (Diederich, Bryan) (Entered: 07/15/2013)	RECAP
18	July 15, 2013	TEXT ONLY ENTRY: (IN CHAMBERS) NOTICE: Judge Dale S. Fischer is participating in a pilot program regarding the submission of sealed documents. Effective July 8, 2013, all proposed documents related to under seal filings must be submitted via e-mail to the Judge's Chambers e-mail at DSF_Chambers@cacd.uscourts.gov. Please refer to the judge's pilot program procedures for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY.(dp) TEXT ONLY ENTRY (Entered: 07/15/2013)	RECAP
19	July 22, 2013	NOTICE of Appearance filed by attorney Lynn Y Lee on behalf of Defendants Lawrence G Romo, Selective Service System (Lee, Lynn) (Entered: 07/22/2013)	RECAP
22	July 29, 2013	JUDGMENT by Judge Dale S. Fischer,IT IS ORDERED AND ADJUDGED that Plaintiff take nothing, that the action be dismissed, and that Defendants recover their costs of suit pursuant to a bill of costs filed in accordance with 28 U.S.C. ยง 1920. (MD JS-6, Case Terminated). (shb) (Entered: 07/30/2013)	RECAP
20	July 29, 2013	MINUTES (IN CHAMBERS): ORDER by Judge Dale S. Fischer: granting 11 Motion to Dismiss Case. (rne) (Entered: 07/29/2013)	RECAP
21	July 29, 2013	MINUTES OF Motion Hearing held before Judge Dale S. Fischer. See Minute Order for specifics. Court Reporter: Pamela Batalo. (dp) (Entered: 07/30/2013)	RECAP
23	Sept. 26, 2013	NOTICE OF APPEAL to the 9th CCA filed by plaintiff James Lesmeister, National Coalition for Men. Appeal of Judgment 22 . Filed On: 07/29/2013; Entered On: 07/30/2013; Filing fee $455 paid receipt number LA079642. (Attachments: # 1 Appeal fee paid in the amount of $455.00.) (dmap) (Entered: 09/27/2013) 1 Appeal fee paid in the amount of $455.00. View on RECAP	RECAP
24	Sept. 27, 2013	NOTIFICATION by Circuit Court of Appellate Docket Number 13-56690, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 23 as to Plaintiffs James Lesmeister, National Coalition for Men. (car) (Entered: 09/30/2013)	RECAP
25	March 7, 2014	ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 23 filed by James Lesmeister, National Coalition for Men CCA # 13-56690. Appellant's motion for an extension of time to file the Transcript Designation Order Form and second request for an extension of time to file the opening brief is granted. Within 21 days after the date of this order, appellants shall file the transcript designation. The transcript is due April 28, 2014. The opening brief is due June 27, 2014. The answering brief is due July 28, 2014 The optional reply brief is due within 14 days after service of the answering brief. Counsel is requested to seek a single extension of time adequate to permit preparation of the brief, rather than file multiple extension requests. See Advisory Note to 9th Cir. R. 31-2.2. Appellants shall serve a copy of this order on the court reporter at the district court. Order received in this district on 3/7/2014. (dmap) (Entered: 03/10/2014)	RECAP
26	March 22, 2014	DESIGNATION of Record on Appeal by Plaintiffs James Lesmeister, National Coalition for Men re 23 (Angelucci, Marc) (Entered: 03/22/2014)	RECAP
27	Feb. 19, 2016	MEMORANDUM from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 23 filed by James Lesmeister, National Coalition for Men. CCA # 13-56690. REVERSED and REMANDED. (mat) (Entered: 02/22/2016)	RECAP
28	March 15, 2016	MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal 23 CCA # 13-56690. The judgment of the 9th Circuit Court, entered February 19, 2016, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum 27 We(9th CCA) remand for the district court to consider the questions of standing otherthan the one we have addressed, and, if it has jurisdiction, the merits of the case.(mat) (Entered: 03/16/2016)	RECAP
29	March 15, 2016	ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals, 23 filed by James Lesmeister, National Coalition for Men. CCA # 13-56690. The mandate issued on March 15, 2016 is recalled as issued in error. The case is a federal case but was not initially docketed as such and the mandate deadline was set according to civil case standards. Mandate deadline has been reset according to federal case standards. (mat) (Entered: 03/16/2016)	RECAP
30	April 14, 2016	MANDATE of Ninth Circuit Court of Appeals filed re: Notice of Appeal 23 CCA # 13-56690. The judgment of the 9th Circuit Court, entered February 19, 2016, takes effect this date. This constitutes the formal mandate of the 9th CCA issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. [See USCA Memorandum 27 We remand for the district court to consider the questions of standing other than the one we have addressed, and, if it has jurisdiction, the merits of the case.REVERSED and REMANDED.] (mat) (Entered: 04/14/2016)	RECAP
31	May 19, 2016	MINUTE ORDER IN CHAMBERS Order re Response Pleading or Motion by Judge Dale S. Fischer: This case has been remanded by the Court of Appeals. Defendant's response to the complaint is due June 13, 2016. (bp) (Entered: 05/20/2016)	RECAP
32	May 27, 2016	First STIPULATION for Extension of Time to File Answer to 08/05/16 filed by defendants Lawrence G Romo, Selective Service System. (Attachments: # 1 Proposed Order)(Lee, Lynn) (Entered: 05/27/2016)	RECAP
33	May 31, 2016	ORDER EXTENDING TIME FOR DEFENDANTS' RESPONSE TO COMPLAINT, granting Stipulation to Extend Time to Answer (More than 30 days) 32 . Having reviewed and approved the parties' stipulation to extend the time for defendants to respond to plaintiffs' Complaint, the Court hereby ORDERS that the deadline for defendants response to the Complaint be extended to August 5, 2016. (bp) (Entered: 05/31/2016)	RECAP
34	Aug. 5, 2016	NOTICE OF MOTION AND MOTION to Dismiss Case filed by defendants Lawrence G Romo, Selective Service System. Motion set for hearing on 10/24/2016 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Exhibit 1, # 3 Proposed Order) (Lee, Lynn) (Entered: 08/05/2016)	RECAP
35	Aug. 5, 2016	REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Dismiss Case 34 filed by Defendants Lawrence G Romo, Selective Service System. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lee, Lynn) (Entered: 08/05/2016)	RECAP
36	Aug. 5, 2016	Joint STIPULATION to Reschedule Briefing Schedule for Defendants' Motion to Dismiss filed by defendants Lawrence G Romo, Selective Service System. (Attachments: # 1 Proposed Order)(Lee, Lynn) (Entered: 08/05/2016)	RECAP
37	Aug. 8, 2016	ORDER SETTING BRIEFING SCHEDULE FOR DEFENDANTS' MOTION TO DISMSIS by Judge Dale S. Fischer, re Stipulation to Reschedule 36 . The Court hereby ORDERS as follows: Plaintiffs will file their opposition to defendants' motion to dismiss by no later than September 26, 2016; Defendants will file their reply by no later than October 7, 2016. (bp) (Entered: 08/08/2016)	RECAP
38	Sept. 23, 2016	DOCUMENT STRICKEN OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 34 filed by Plaintiffs James Lesmeister, National Coalition for Men. (Angelucci, Marc) Modified on 9/23/2016 (dp). (Entered: 09/23/2016)	RECAP
39	Sept. 23, 2016	TEXT ONLY ENTRY: (IN CHAMBERS) ORDER STRIKING DOCUMENT: Document No. 38 filed on 9/23/16 is stricken for failure to comply with L.R. 5-4.3.1 - which requires that the PDF image for a document filed with the Court must be created by using word processing software and published to PDF. PDF images created by scanning paper documents are prohibitedTHERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (dp) TEXT ONLY ENTRY (Entered: 09/23/2016)	RECAP
40	Sept. 25, 2016	OPPOSITION to NOTICE OF MOTION AND MOTION to Dismiss Case 34 filed by Plaintiffs James Lesmeister, National Coalition for Men. (Angelucci, Marc) (Entered: 09/25/2016)	RECAP
41	Oct. 7, 2016	REPLY in support of NOTICE OF MOTION AND MOTION to Dismiss Case 34 filed by Defendants Lawrence G Romo, Selective Service System. (Lee, Lynn) (Entered: 10/07/2016)	RECAP
42	Oct. 19, 2016	MINUTE ORDER IN CHAMBERS Order to Show Cause re Sanctions Pursuant to Rule 11; Order Removing the Motion to Dismiss from the Court's Calendar by Judge Dale S. Fischer: (SEE MEMORANDUM FOR SPECIFICS) (bp) (Entered: 10/20/2016)	RECAP
43	Oct. 21, 2016	Dismissal of Counts II & III filed by Plaintiffs James Lesmeister, National Coalition for Men (Angelucci, Marc) (Entered: 10/21/2016)	RECAP
44	Nov. 9, 2016	MINUTE ORDER IN CHAMBERS Order GRANTING IN PART and DENYING IN PART Defendants' Motion to Dismiss and TRANSFERRING the Action to the Southern District of Texas (Dkt. 34) by Judge Dale S. Fischer: The Court dismisses NCM without prejudice and transfers the action to the Southern District of Texas (MD JS-6. Case Terminated.)(SEE MEMORANDUM FOR SPECIFICS) (bp) (Entered: 11/14/2016)	RECAP
45	Nov. 14, 2016	Transfer Out Transmittal Letter sent to USDC Southern District of Texas at Houston. (bp) (Entered: 11/14/2016)	RECAP
46	Nov. 15, 2016	Case transferred in from California Central. Case Number 2:13-cv-02391; certified copy of transfer order, certified docket sheet, and transfer letter received (Entered: 11/15/2016) 1 Restricted View on PACER	RECAP
47	Nov. 16, 2016	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Scheduling Order Deadline date 12/30/2016(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 11/16/2016)	RECAP
48	Nov. 17, 2016	MOTION for Lynn Lee to Appear Pro Hac Vice by Lawrence G Romo, Selective Service System, filed. Motion Docket Date 12/8/2016. (Attachments: # 1 Affidavit of Lynn Y. Lee)(Lee, Lynn) (Entered: 11/17/2016)	RECAP
49	Nov. 17, 2016	ORDER granting 48 Motion for Lynn Lee to Appear Pro Hac Vice. (Signed by Judge Gray H Miller) Parties notified.(gclair, 4) (Entered: 11/17/2016)	RECAP
50	Nov. 18, 2016	MOTION and ORDER GRANTING MOTION for Marc E Angelucci to appear pro hac vice on behalf of James Lesmeister.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 11/18/2016)	RECAP
51	Nov. 21, 2016	Unopposed MOTION for Extension of Time to Respond to Complaint by Lawrence G Romo, Selective Service System, filed. Motion Docket Date 12/12/2016. (Attachments: # 1 Proposed Order)(Lee, Lynn) (Entered: 11/21/2016)	RECAP
52	Nov. 21, 2016	ORDER GRANTING 51 Unopposed MOTION for Extension of Time to Respond to Complaint. Response due 12/15/2016.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 11/21/2016)	RECAP
53	Dec. 7, 2016	ORDER setting Status Conference for 1/12/2017 at 10:00 AM by telephone before Judge Gray H Miller.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 12/07/2016)	RECAP
54	Dec. 9, 2016	Joint MOTION to Stay Deadlines and Enter Schedule for Plaintiffs' Motions to Amend and Transfer by Lawrence G Romo, Selective Service System, filed. Motion Docket Date 12/30/2016. (Attachments: # 1 Proposed Order)(Lee, Lynn) (Entered: 12/09/2016)	RECAP
55	Dec. 14, 2016	ORDER GRANTING 54 Joint MOTION to Stay Deadlines and Enter Schedule for Plaintiffs' Motions to Amend and Transfer. Plaintiffs file their motion to amend complaint and motion to transfer no later than 1/27/2017; Defendants file their response, if any, to the motion to transfer by 2/15/2017; Plaintiffs file their reply, if necessary, by 2/27/2017; Defendants file their response to plaintiffs amended complaint, if leave to amend is granted, within forty-five days of the courts entry of plaintiffs amended complaint.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 12/14/2016)	RECAP
56	Jan. 4, 2017	Mail Returned Undeliverable as to attorney Marc Etienne Angelucci as to James Lesmeister, National Coalition for Men re: 47 Order for Initial Conference - FORM - Miller, filed. (bgarces, 7) (Entered: 01/10/2017)	RECAP
57	Jan. 26, 2017	MOTION for Leave to File First Amended Complaint by James Lesmeister, filed. Motion Docket Date 2/16/2017. (Attachments: # 1 Complaint)(Angelucci, Marc) (Entered: 01/26/2017) 1 Complaint View on RECAP	RECAP
58	Feb. 15, 2017	RESPONSE in Opposition to 57 MOTION for Leave to File First Amended Complaint, filed by Lawrence G Romo, Selective Service System. (Lee, Lynn) (Entered: 02/15/2017)	RECAP
59	Aug. 16, 2017	MEMORANDUM OPINIONAND ORDER GRANTING 57 MOTION for Leave to File First Amended Complaint, DENYING MOTION for leave to transfer venue.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 08/16/2017)	RECAP
60	Aug. 18, 2017	First Amended Complaint by James Lesmeister, National Coalition for Men, filed.(Angelucci, Marc) (Entered: 08/18/2017)	RECAP
61	Sept. 6, 2017	Joint MOTION to Set Briefing Schedule for Motion to Dismiss by Selective Service System, filed. Motion Docket Date 9/27/2017. (Attachments: # 1 Proposed Order)(Lee, Lynn) (Entered: 09/06/2017)	RECAP
62	Sept. 14, 2017	ORDER Granting 61 Motion to set briefing schedule. Motion to dismiss due 10/6/2017. Responses due 11/6/2017. Reply due 11/20/2017.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 09/14/2017)	RECAP
63	Oct. 6, 2017	MOTION to Dismiss First Amended Complaint by Selective Service System, filed. Motion Docket Date 10/27/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order)(Lee, Lynn) (Entered: 10/06/2017) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP 3 Proposed Order View on PACER	RECAP
64	Nov. 2, 2017	RESPONSE in Opposition to 63 MOTION to Dismiss First Amended Complaint, filed by James Lesmeister, National Coalition for Men. (Angelucci, Marc) (Entered: 11/02/2017)	RECAP
65	Nov. 20, 2017	REPLY in Support of 63 MOTION to Dismiss First Amended Complaint, filed by Selective Service System. (Lee, Lynn) (Entered: 11/20/2017)	RECAP
66	April 6, 2018	MEMORANDUM OPINION AND ORDER DENYING 63 MOTION to Dismiss First Amended Complaint.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 04/06/2018)	RECAP
67	April 12, 2018	Unopposed MOTION for Extension of Time Answer to First Amended Complaint by Selective Service System, filed. Motion Docket Date 5/3/2018. (Attachments: # 1 Proposed Order)(Lee, Lynn) (Entered: 04/12/2018)	RECAP
68	April 17, 2018	ORDER Granting 67 Motion for Extension of Time; Answer due for All Defendants 5/4/2018.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 04/17/2018)	RECAP
69	April 23, 2018	SCHEDULING ORDER. Jury trial. Pltf Expert Report due by 6/1/2018. Deft Expert Report due by 7/2/2018. Discovery due by 8/17/2018. Mediation due by 1/4/2019. Dispositive Motion Filing due by 9/14/2018. Non-Dispositive Motion Filing due by 9/14/2018. Objections due by 1/18/2019 Joint Pretrial Order due by 1/11/2019. Docket Call set for 1/25/2019 at 10:00 AM in Courtroom 9D before Judge Gray H Miller(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 04/23/2018)	RECAP
70	May 4, 2018	ANSWER to Complaint by Selective Service System, filed.(Lee, Lynn) (Entered: 05/04/2018)	RECAP
71	June 26, 2018	MOTION for Michael J. Gerardi to Appear Pro Hac Vice by Lawrence G Romo, Selective Service System, filed. Motion Docket Date 7/17/2018. (Gerardi, Michael) (Entered: 06/26/2018)	RECAP
72	June 26, 2018	ORDER granting 71 Motion for Michael J Gerardi to Appear Pro Hac Vice.(Signed by Judge Gray H Miller) Parties notified.(gkelner, 4) (Entered: 06/27/2018)	RECAP
73	Aug. 22, 2018	MOTION for Summary Judgment by James Lesmeister, National Coalition for Men, filed. Motion Docket Date 9/12/2018. (Attachments: # 1 Exhibit Declarations and Exhibits, # 2 Supplement Separate Statement)(Angelucci, Marc) (Entered: 08/22/2018) 1 Exhibit Declarations and Exhibits View on RECAP 2 Supplement Separate Statement View on RECAP	RECAP
74	Aug. 28, 2018	Unopposed MOTION for Extension of Time Extension of Time to Respond to Motion for Summary Judgment (ECF No. 73) And Setting Briefing Schedule by Lawrence G Romo, Selective Service System, filed. Motion Docket Date 9/18/2018. (Attachments: # 1 Proposed Order)(Gerardi, Michael) (Entered: 08/28/2018) 1 Proposed Order View on PACER	RECAP
75	Aug. 30, 2018	NOTICE to Plaintiffs' Motion for Summary Judgment as to 73 MOTION for Summary Judgment by James Lesmeister, National Coalition for Men, filed. Motion Docket Date 9/20/2018. (Angelucci, Marc) (Entered: 08/30/2018)	RECAP
76	Aug. 30, 2018	Supplemental Exhibits to Plaintiffs' Motion for Summary Judgment as to 73 MOTION for Summary Judgment by James Lesmeister, National Coalition for Men, filed. Motion Docket Date 9/20/2018. (Angelucci, Marc) (Entered: 08/30/2018)	RECAP
77	Sept. 13, 2018	ORDER GRANTING IN PART 74 Unopposed MOTION for Extension of Time to Respond to Motion for Summary Judgment (ECF No. 73) And Setting Briefing Schedule. Response due 9/20/2018, reply due three days following. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 09/13/2018)	RECAP
78	Sept. 14, 2018	Unopposed MOTION for Clarification as to 77 Order,, MOTION for Reconsideration ( Motion Docket Date 10/5/2018.) by Lawrence G Romo, Selective Service System, filed. (Attachments: # 1 Proposed Order)(Gerardi, Michael) (Entered: 09/14/2018) 1 Proposed Order View on PACER	RECAP
79	Sept. 17, 2018	ORDER DENYING 78 Unopposed MOTION for Clarification/Reconsideration/Status Conference. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 09/17/2018)	RECAP
80	Sept. 20, 2018	MOTION to Stay Proceedings ( Motion Docket Date 10/11/2018.), Cross MOTION for Summary Judgment by Lawrence G Romo, Selective Service System, filed. (Attachments: # 1 Response to Statement of Undisputed Facts, # 2 Gerardi Declaration, # 3 Exhibits to Gerardi Declaration, # 4 Proposed Order)(Gerardi, Michael) (Entered: 09/20/2018) 1 Response to Statement of Undisputed Facts View on RECAP 2 Gerardi Declaration View on RECAP 3 Exhibits to Gerardi Declaration View on RECAP 4 Proposed Order View on PACER	RECAP
81	Sept. 24, 2018	Opposed MOTION for Summary Judgment by James Lesmeister, National Coalition for Men, filed. Motion Docket Date 10/15/2018. (Angelucci, Marc) (Entered: 09/24/2018)	RECAP
82	Dec. 26, 2018	Unopposed MOTION to Stay Forthcoming Briefing Deadlines in Light of a Lapse in Appropriations by Lawrence G Romo, Selective Service System, filed. Motion Docket Date 1/16/2019. (Attachments: # 1 Proposed Order)(Gerardi, Michael) Modified filers on 12/27/2018 (SarahShelby, 4). (Entered: 12/26/2018) 1 Proposed Order View on PACER	RECAP
84	Dec. 27, 2018	ORDER Granting 82 Motion to Stay upcoming pretrial deadlines.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 01/08/2019)	RECAP
83	Dec. 31, 2018	Joint Mediation Statement by James Lesmeister, National Coalition for Men, filed.(Angelucci, Marc) (Entered: 12/31/2018)	RECAP
85	Jan. 30, 2019	NOTICE TO THE COURT OF RESTORATION OF APPROPRIATIONS by Lawrence G Romo, Selective Service System, filed. (Gerardi, Michael) (Entered: 01/30/2019)	RECAP
86	Feb. 1, 2019	NOTICE TO THE COURT OF COMMISSION REPORT by Lawrence G Romo, Selective Service System, filed. (Attachments: # 1 Exhibit 1)(Gerardi, Michael) (Entered: 02/01/2019) 1 Exhibit 1 View on PACER	RECAP
87	Feb. 22, 2019	MEMORANDUM OPINION AND ORDER GRANTING 73 MOTION for Summary Judgment, DENYING 80 MOTION to Stay ProceedingsCross MOTION for Summary Judgment, DENYING 60 Plaintiff's request for injunction. (Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 02/23/2019)	RECAP
88	Feb. 22, 2019	FINAL JUDGMENT in favor of plaintiffs. Case terminated on 2/22/2019(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 02/23/2019)	RECAP
89	Feb. 28, 2019	Mail Returned Undeliverable as to attorney Bryan R Diederich as to Selective Service System re: 84 Order on Motion to Stay, filed. (ehernandez, 5) (Entered: 02/28/2019)	RECAP
90	March 24, 2019	Opposed MOTION for Summary Judgment ( Motion Docket Date 4/15/2019.), MOTION for Relief from Judgment by James Lesmeister, National Coalition for Men, filed. (Attachments: # 1 Exhibit Declarations and Exhibits)(Angelucci, Marc) (Entered: 03/24/2019) 1 Exhibit Declarations and Exhibits View on RECAP	RECAP
91	April 10, 2019	Supplemental MOTION for Summary Judgment Points & Authorities by National Coalition for Men, filed. Motion Docket Date 5/1/2019. (Angelucci, Marc) (Entered: 04/10/2019)	RECAP
92	April 15, 2019	RESPONSE in Opposition to 91 Supplemental MOTION for Summary Judgment Points & Authorities, 90 Opposed MOTION for Summary Judgment MOTION for Relief from Judgment, filed by Lawrence G Romo, Selective Service System. (Gerardi, Michael) (Entered: 04/15/2019)	RECAP
93	April 22, 2019	NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 87 Memorandum and Order, 88 Final Judgment by Lawrence G Romo, Selective Service System, filed. (Gerardi, Michael) (Entered: 04/22/2019)	RECAP
94	April 23, 2019	PROPOSED ORDER re: 92 Response in Opposition to Motion,, filed.(Gerardi, Michael) (Entered: 04/23/2019)	RECAP
95	April 23, 2019	Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: 93 Notice of Appeal. Fee status: GOV. Reporter(s): P. Batalo, filed. (Attachments: # 1 Notice of Appeal) (EdnitaPonce, 1) (Entered: 04/23/2019)	RECAP
	April 23, 2019	Appeal Review Notes
	April 23, 2019	Appeal Review Notes re: 93 Notice of Appeal. Fee status: GOV. The appellant is a U.S. government agency, and no fee is required.Hearings were held in the case. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(EdnitaPonce, 1)
96	April 29, 2019	MEMORANDUM OPINION AND ORDER DENYING 90 Opposed MOTION for Relief from Judgment, DENYING 91 Supplemental MOTION for Summary Judgment Points & Authorities.(Signed by Judge Gray H Miller) Parties notified.(rkonieczny, 4) (Entered: 04/29/2019)	RECAP
	May 2, 2019	USCA Case Number

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Case Details

State / Territory:

Texas

Case Type(s):

Equal Employment

Key Dates

Filing Date: April 4, 2013

Closing Date: June 7, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The National Coalition for Men is a men's rights organization founded in 1976 that describes itself as "the oldest organization in the world that advocates for equal rights for men and women," and is dedicated to examining how men are adversely affected by sex discrimination. James Lesmeister is a male resident of Texas. Anthony Davis is a male resident of California who was added to the complaint to get in an effort transfer the case to CA.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Selective Service System

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Other Dockets:

Southern District of Texas 4:16-cv-03362

Southern District of Texas 2:13-cv-02391

Supreme Court of the United States 20-928

U.S. Court of Appeals for the Fifth Circuit 13-56690

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Male

Recommended Citation

Case Summary of National Coalition for Men v. Selective Service System, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18236/ (last updated 10/15/2021).