Case: Shilling v. Trump

2:25-cv-00241 | U.S. District Court for the Western District of Washington

Filed Date: Feb. 6, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several challenging President Donald J. Trump’s January 27, 2025 executive order banning transgender people from serving in the military, which reverses the U.S. Armed Forces’ policy of permitting transgender people who meet military standards to serve. (To see the Clearinghouse's collection of legal challenges to trans-related actions by the second Trump Administration, click here.) On January 27, 2025, a week after his inauguration, President Trump signed Executive Order 1…

This case is one of several challenging President Donald J. Trump’s January 27, 2025 executive order banning transgender people from serving in the military, which reverses the U.S. Armed Forces’ policy of permitting transgender people who meet military standards to serve. (To see the Clearinghouse's collection of legal challenges to trans-related actions by the second Trump Administration, click here.)

On January 27, 2025, a week after his inauguration, President Trump signed Executive Order 14183 directing the Secretary of Defense to adopt a policy that transgender identity is incompatible with “high standards for troop readiness, lethality, cohesion, honesty, humility, uniformity, and integrity.” 

On February 6, 2025, the plaintiffs filed this complaint against President Trump and the federal government agencies and departments responsible for the implementation of his executive order, including the Department of Defense and its three military departments. (President Trump was dismissed as a defendant on March 28, 2025.) The plaintiffs included six transgender service members in the U.S. military; one prospective service member who is transgender; and Gender Justice League, a civil rights organization with transgender military members. They were represented by Perkins Coie LLP; Lambda Legal Defense and Education Fund, Inc.; and Human Rights Campaign Foundation. The lawsuit was filed in the U.S. District Court for the Western District of Washington.

The complaint alleged that the categorical exclusion of transgender people from military service was not based on any legitimate governmental purpose. Further, the plaintiffs contended that the ban on transgender people serving in the military discriminated against the plaintiffs based on their sex and based on their transgender status in violation of the Equal Protection component of the Due Process Clause of the Fifth Amendment. In addition, they alleged a Procedural Due Process violation under the Fifth Amendment.  Finally, the complaint claimed that the executive order was a violation of their free speech guarantee of the First Amendment because its purpose and effect is to “chill, coerce, and punish the [plaintiffs] for their speech and gender expression—constitutionally protected First Amendment activity.” The complaint stated that, on its face, the executive order labels transgender peoples’ expression of their own identities as inconsistent with “a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life.” The plaintiffs requested a declaratory judgment that the President’s executive order is unconstitutional, a preliminary and permanent injunction barring implementation of the order, and attorneys' fees.

On February 7, 2025, the case was assigned to District Judge Benjamin H. Settle.

The plaintiffs moved for a preliminary injunction on February 19, 2025, asking the court to bar implementation of the executive order until it could adjudicate the case. Briefing on the preliminary injunction motion will be complete by the end of March. In the meantime, on March 4, Judge Settle ordered the Government to immediately notify the plaintiffs and the court if the Department of Defense (or any of its subsidiaries) issues any policy or guidance implementing the challenged Executive Orders in the military, and before any changes were "made to plaintiffs' status quo in any respect." The order stated that the court would "entertain a motion for a temporary restraining order should any action be taken against Plaintiffs before a preliminary injunction hearing." The defendants' filed a notice of such policies or guidance on the same day. (Additional notices were filed on March 5 and March 7.) Also on March 4, 2025, the plaintiffs filed an amended complaint.

A hearing on the plaintiffs' motion for a preliminary injunction was held on March 25, 2025, and District Judge Settle issued an order and opinion granting the injunction on March 27. 773 F.Supp.3d 1069. It noted that "[t]he effect of the Court’s Order is to maintain the status quo of military policy regarding both active-duty and prospective transgender service that existed nationwide immediately before President Trump issued the Military Ban." It also included that the order applies to all plaintiffs and any similarly situated individuals nationwide, including those serving out the country. 

The next day (March 28), the defendants filed an appeal with the U.S. Court of Appeals for the Ninth Circuit. They also filed a motion for an immediate administrative stay of the district court's March 27 order and a stay pending appeal. The Court of Appeals denied the administrative stay on March 31, and on April 18, the three-judge panel declined to stay the district court’s March 27, 2025, preliminary injunction pending appeal. 2025 WL 1145052.  They noted that the government has not demonstrated that they will suffer irreparable harm absent a stay. Briefing on the injunction is scheduled through May 23, 2025. (Meanwhile, in the district court, the defendants were given an extension until May 14, 2025, to respond to the plaintiffs' amended complaint. The district court also dismissed President Trump as a defendant on March 28.)

On April 24, 2025, the government went to the U.S. Supreme Court to seek a stay of the injunction pending resolution of the appeal in the Ninth Circuit and any further Supreme Court review. The Court granted that stay on May 6, 2025, over the recorded dissent of Justices Sotomayor, Kagan, and Jackson. Accordingly, the bar on service by transgender individuals became effective. 

The case proceeded in the Ninth Circuit, where it was argued on Oct. 20, 2025.  

Back in the district court, the defendants filed their answer to the complaint on May 19. The defendants raised several affirmative defenses, including that the plaintiffs had failed to state a cause of action, that they had failed to exhaust their administrative remedies, and that the Gender Justice League lacked organizational or associational standing. 

On August 25, 2025, defendants filed a motion to stay proceedings pending appeal. A hearing was held on September 4, 2025, and the motion was denied.  Trial is currently set for November 3, 2026, with dispositive motions due July 31, 2026.

Summary Authors

Lacie Melasi (2/8/2025)

Jeremiah Price (7/16/2025)

Zoe Hayes (10/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69617888/parties/shilling-v-united-states-of-america/


Judge(s)
Attorney for Plaintiff

Abihabib, Gabriella Marie (Washington)

Buchert, Sasha J (Washington)

Attorney for Defendant

Attorney, Amanda Lee (California)

Bombard, Robert C (Washington)

Expert/Monitor/Master/Other

Baker, Cassandra Erin (Washington)

Documents in the Clearinghouse

Documents in this case
1

2:25-cv-00241

Complaint for Declaratory and Injunctive Relief

Feb. 6, 2025

Feb. 6, 2025

Complaint
23

2:25-cv-00241

Plaintiffs' Motion for Preliminary Injunction

Feb. 19, 2025

Feb. 19, 2025

Pleading / Motion / Brief
59

2:25-cv-00241

First Amended Complaint for Declaratory and Injunctive Relief

March 4, 2025

March 4, 2025

Complaint
60

2:25-cv-00241

Plaintiffs' Supplemental Brief in Support of Motion for Preliminary Injunction

March 4, 2025

March 4, 2025

Pleading / Motion / Brief
96

2:25-cv-00241

Plaintiffs’ Supplemental Brief in Response to Court Order (Dkt. 95) and in Further Support of Motion for Preliminary Injunction

March 25, 2025

March 25, 2025

Pleading / Motion / Brief
103

2:25-cv-00241

Order

March 27, 2025

March 27, 2025

Order/Opinion

773 F.Supp.3d 1069

104

2:25-cv-00241

Memorandum Opinion

March 27, 2025

March 27, 2025

Order/Opinion

773 F.Supp.3d 1069

14

25-02039

Plaintiffs-Appellees’ Response in Opposition to Defendants-Appellants’ Request for Administrative Stay

U.S. Court of Appeals for the Ninth Circuit

March 28, 2025

March 28, 2025

Pleading / Motion / Brief
9

25-02039

Emergency Motion Under Circuit Rule 27-3 for Immediate Administrative Stay by March 28 and Stay Pending Appeal

U.S. Court of Appeals for the Ninth Circuit

March 28, 2025

March 28, 2025

Pleading / Motion / Brief
20

25-02039

Order

U.S. Court of Appeals for the Ninth Circuit

March 31, 2025

March 31, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69617888/shilling-v-united-states-of-america/

Last updated April 20, 2026, 4:15 a.m.

ECF Number Date Description Link
1 Feb. 6, 2025

COMPLAINT for Declaratory and Injunctive Relief against defendant(s) Gary Ashworth, Mark Averill, Terence Emmert, Peter Hegseth, Donald J Trump, United States Department of Defense, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy, United States of America (Receipt # AWAWDC-8829862) Attorney Matthew Gordon added to party Videl Leins(pty:pla), Attorney Matthew Gordon added to party Matthew Medina(pty:pla), Attorney Matthew Gordon added to party Gender Justice League(pty:pla), Attorney Matthew Gordon added to party Shilling Emily(pty:pla), Attorney Matthew Gordon added to party Blake Dremann(pty:pla), Attorney Matthew Gordon added to party Geirid Morgan(pty:pla), Attorney Matthew Gordon added to party Cathrine Schmid(pty:pla), Attorney Matthew Gordon added to party Jane Doe(pty:pla) filed by Videl Leins, Cathrine Schmid, Shilling Emily, Matthew Medina, Blake Dremann, Jane Doe, Gender Justice League, Geirid Morgan. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Donald J. Trump, # 3 Summons United States of America, # 4 Summons Peter Hegseth, # 5 Summons United States Department of Defense, # 6 Summons Mark Averill, # 7 Summons United States Department of the Army, # 8 Summons Terence Emmert, # 9 Summons United States Department of the Navy, # 10 Summons Gary Ashworth, # 11 Summons United States Department of the Air Force)(Gordon, Matthew) (Entered: 02/06/2025)

1 Civil Cover Sheet

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2 Summons Donald J. Trump

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3 Summons United States of America

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4 Summons Peter Hegseth

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5 Summons United States Department of Defense

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6 Summons Mark Averill

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7 Summons United States Department of the Army

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8 Summons Terence Emmert

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9 Summons United States Department of the Navy

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10 Summons Gary Ashworth

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11 Summons United States Department of the Air Force

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Clearinghouse
2 Feb. 6, 2025

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliate Gay City Health Project. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Videl Leins, Matthew Medina, Gender Justice League, Shilling Emily, Blake Dremann, Geirid Morgan, Cathrine Schmid, Jane Doe. (Gordon, Matthew) Modified on 2/7/2025 to correct text to add affiliate not added at case opening (MIH). (Entered: 02/06/2025)

RECAP
3 Feb. 7, 2025

Summons(es) Electronically Issued as to all Defendants. (MIH) (Entered: 02/07/2025)

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4 Feb. 7, 2025

APPLICATION OF ATTORNEY Sasha Buchert FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Videl Leins, Matthew Medina, Gender Justice League, Emily Shilling, Blake Dremann, Geirid Morgan, Cathrine Schmid, Jane Doe (Fee Paid) Receipt No. AWAWDC-8832506 (Gordon, Matthew) (Entered: 02/07/2025)

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5 Feb. 7, 2025

APPLICATION OF ATTORNEY Omar Gonzalez-Pagan FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8832539 (Gordon, Matthew) (Entered: 02/07/2025)

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6 Feb. 7, 2025

APPLICATION OF ATTORNEY Kell Olson FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8832557 (Gordon, Matthew) (Entered: 02/07/2025)

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7 Feb. 7, 2025

APPLICATION OF ATTORNEY Jennifer C. Pizer FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8832565 (Gordon, Matthew) (Entered: 02/07/2025)

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8 Feb. 7, 2025

APPLICATION OF ATTORNEY Camilla B. Taylor FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8832580 (Gordon, Matthew) (Entered: 02/07/2025)

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9 Feb. 7, 2025

APPLICATION OF ATTORNEY Kenneth Dale Upton, Jr. FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8832589 (Gordon, Matthew) (Entered: 02/07/2025)

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10 Feb. 7, 2025

ORDER re 5 Application for Leave to Appear Pro Hac Vice, 9 Application for Leave to Appear Pro Hac Vice, 6 Application for Leave to Appear Pro Hac Vice, 4 Application for Leave to Appear Pro Hac Vice, 7 Application for Leave to Appear Pro Hac Vice, 8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorneys Sasha J Buchert,Kenneth D Upton, Jr,Camilla B Taylor,Jennifer C Pizer,Kell L Olson,Omar Gonzalez-Pagan for Jane Doe, Blake Dremann, Gender Justice League, Videl Leins, Matthew Medina, Geirid Morgan, Cathrine Schmid, Emily Shilling, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(CDA) (Entered: 02/07/2025)

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Feb. 7, 2025

Judge Benjamin H. Settle added. (MIH)

Feb. 7, 2025

Judge Benjamin H. Settle added. (MIH)

Feb. 7, 2025

Order on Application for Leave to Appear Pro Hac Vice

11 Feb. 11, 2025

AMENDMENT to Corporate Disclosure Statement to 2 Corporate/Diversity Disclosure Statement, by Plaintiff Gender Justice League (Gordon, Matthew) (Entered: 02/11/2025)

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12 Feb. 11, 2025

APPLICATION OF ATTORNEY Bo Yan J. Moran FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8837245 (Gordon, Matthew) (Entered: 02/11/2025)

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13 Feb. 11, 2025

APPLICATION OF ATTORNEY Danielle Sivalingam FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8837312 (Gordon, Matthew) (Entered: 02/11/2025)

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14 Feb. 11, 2025

APPLICATION OF ATTORNEY Gabriella Romanos Abihabib FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8837326 (Gordon, Matthew) (Entered: 02/11/2025)

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15 Feb. 11, 2025

APPLICATION OF ATTORNEY Mary Grace Thurman FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8837336 (Gordon, Matthew) (Entered: 02/11/2025)

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16 Feb. 12, 2025

ORDER re 12 Application for Leave to Appear Pro Hac Vice, 14 Application for Leave to Appear Pro Hac Vice, 15 Application for Leave to Appear Pro Hac Vice, 13 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorneys Bo Yan J. Moran, Danielle E. Sivalingam, Gabriella Marie Romanos Abihabib, Mary Thurmon for Plaintiffs Jane Doe, Blake Dremann, Gender Justice League, Videl Leins,Matthew Medina, Geirid Morgan,Cathrine Schmid, Emily Shilling, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 02/12/2025)

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Feb. 12, 2025

Order on Application for Leave to Appear Pro Hac Vice

17 Feb. 13, 2025

APPLICATION OF ATTORNEY Ami Rakesh Patel FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8840806 (Gordon, Matthew) (Entered: 02/13/2025)

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18 Feb. 13, 2025

APPLICATION OF ATTORNEY Cynthia Cheng-Wun Weaver FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8840819 (Gordon, Matthew) (Entered: 02/13/2025)

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19 Feb. 13, 2025

APPLICATION OF ATTORNEY Sarah Warbelow FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8840828 (Gordon, Matthew) (Entered: 02/13/2025)

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20 Feb. 14, 2025

ORDER re 17 Application for Leave to Appear Pro Hac Vice, 19 Application for Leave to Appear Pro Hac Vice, 18 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorneys Ami Rakesh Patel,Cynthia C. Weaver, andSarah Warbelow for Jane Doe, Blake Dremann, Gender Justice League, Videl Leins, Matthew Medina, Geirid Morgan, Cathrine Schmid, and Emily Shilling, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 02/14/2025)

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Feb. 14, 2025

Order on Application for Leave to Appear Pro Hac Vice

21 Feb. 18, 2025

Stipulated MOTION for Leave to File Overlength Briefs, filed by All Parties. (Attachments: # 1 Proposed Order) Noting Date 2/18/2025, (Gordon, Matthew) (Entered: 02/18/2025)

1 Proposed Order

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22 Feb. 19, 2025

ORDER granting 21 Stipulated Motion. It is hereby ordered that the Plaintiffs may file a Motion for Preliminary Injunction not to exceed 10,000 words, Defendants may file an Opposition Brief not to exceed 10,000 words, and Plaintiffs may file a Reply Brief not to exceed 5,000 words. Signed by Judge Benjamin H. Settle.(MDH) (Entered: 02/19/2025)

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23 Feb. 19, 2025

MOTION for Preliminary Injunction, filed by All Plaintiffs. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 3/19/2025, (Gordon, Matthew) (Entered: 02/19/2025)

1 Proposed Order

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Clearinghouse
24 Feb. 19, 2025

DECLARATION of Emily Shilling filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 02/19/2025)

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25 Feb. 19, 2025

DECLARATION of Blake Dremann filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 02/19/2025)

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26 Feb. 19, 2025

DECLARATION of Geirid Morgan filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 02/19/2025)

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27 Feb. 19, 2025

DECLARATION of Jane Doe filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 02/19/2025)

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28 Feb. 19, 2025

DECLARATION of Videl Leins filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 02/19/2025)

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29 Feb. 19, 2025

DECLARATION of Matthew Medina filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 02/19/2025)

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30 Feb. 19, 2025

DECLARATION of Danielle Askini Aubain filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 02/19/2025)

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31 Feb. 19, 2025

DECLARATION of Matthew P. Gordon filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24)(Gordon, Matthew) (Entered: 02/19/2025)

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32 Feb. 19, 2025

DECLARATION of Yvette Bourcicot filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A)(Gordon, Matthew) (Entered: 02/19/2025)

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33 Feb. 19, 2025

DECLARATION of Alex Wagner filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Gordon, Matthew) (Entered: 02/19/2025)

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34 Feb. 19, 2025

DECLARATION of Ashish S. Vazirani filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 02/19/2025)

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35 Feb. 19, 2025

DECLARATION of Carlos Del Toro filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 02/19/2025)

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36 Feb. 19, 2025

DECLARATION of Gilbert R. Cisneros filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 02/19/2025)

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37 Feb. 19, 2025

DECLARATION of Randi Ettner filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Gordon, Matthew) (Entered: 02/19/2025)

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38 Feb. 19, 2025

DECLARATION of Shawn Skelly filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 02/19/2025)

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39 Feb. 19, 2025

DECLARATION of Cathrine Schmid filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 02/19/2025)

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40 Feb. 20, 2025

NOTICE of Appearance by attorney Ryan Tack-Hooper on behalf of Amicus Constitutional Accountability Center. (Tack-Hooper, Ryan) (Entered: 02/20/2025)

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41 Feb. 20, 2025

Agreed MOTION for Leave to File Brief of Amicus Curiae Constitutional Accountability Center in Support of Plaintiffs Motion For a Preliminary Injunction, filed by Amicus Constitutional Accountability Center. Noting Date 2/20/2025, (Tack-Hooper, Ryan) (Entered: 02/20/2025)

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42 Feb. 20, 2025

BRIEF of Amicus Curiae Constitutional Accountability Center in Support of Plaintiffs Motion For a Preliminary Injunction by Amicus Constitutional Accountability Center (Tack-Hooper, Ryan) (Entered: 02/20/2025)

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43 Feb. 20, 2025

APPLICATION OF ATTORNEY Brianne J. Gorod FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Constitutional Accountability Center (Fee Paid) Receipt No. AWAWDC-8849904 (Tack-Hooper, Ryan) (Entered: 02/20/2025)

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44 Feb. 20, 2025

APPLICATION OF ATTORNEY Ana M. Builes FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Constitutional Accountability Center (Fee Paid) Receipt No. AWAWDC-8849913 (Tack-Hooper, Ryan) (Entered: 02/20/2025)

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45 Feb. 20, 2025

APPLICATION OF ATTORNEY David H. Gans FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Constitutional Accountability Center (Fee Paid) Receipt No. AWAWDC-8849918 (Tack-Hooper, Ryan) (Entered: 02/20/2025)

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46 Feb. 20, 2025

APPLICATION OF ATTORNEY Elizabeth B. Wydra FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Constitutional Accountability Center (Fee Paid) Receipt No. AWAWDC-8849925 (Tack-Hooper, Ryan) (Entered: 02/20/2025)

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47 Feb. 20, 2025

APPLICATION OF ATTORNEY Praveen Fernandes FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Constitutional Accountability Center (Fee Paid) Receipt No. AWAWDC-8849930 (Tack-Hooper, Ryan) (Entered: 02/20/2025)

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48 Feb. 21, 2025

ORDER re 43 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Brianne J. Gorod for Amicus Constitutional Accountability Center, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 02/21/2025)

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Feb. 21, 2025

Application for Leave to Appear Pro Hac Vice45, Application for Leave to Appear Pro Hac Vice44, Application for Leave to Appear Pro Hac Vice46, Application for Leave to Appear Pro Hac Vice47 by attorney Ana M. Builes, David H. Gans, Elizabeth B. Wydra, Praveen Fernandes will not be processed at this time. The Pro Hac attorney must submit a Pro Hac Vice access request via Manage My Account on PACER, under the Maintenance tab. See page 2 of the Pro Hac Vice Application Guide for detailed instructions. Please contact the Attorney Admissions Clerk at 206-370-8400 or WAWD_Admissions@wawd.uscourts.gov with additional questions. (Ad hoc Attorney Ana M. Builes, David H. Gans, Elizabeth B. Wydra, Praveen Fernandes) (HH)

Feb. 21, 2025

Order on Application for Leave to Appear Pro Hac Vice

Feb. 21, 2025

Application for Leave to Appear Pro Hac Vice 45, Application for Leave to Appear Pro Hac Vice 44, Application for Leave to Appear Pro Hac Vice 46, Application for Leave to Appear Pro Hac Vice 47 by attorney Ana M. Builes, David H. Gans, Elizabeth B. Wydra, Praveen Fernandes will not be processed at this time. The Pro Hac attorney must submit a Pro Hac Vice access request via Manage My Account on PACER, under the Maintenance tab. See page 2 of the Pro Hac Vice Application Guide for detailed instructions. Please contact the Attorney Admissions Clerk at 206-370-8400 or WAWD_Admissions@wawd.uscourts.gov with additional questions. (Ad hoc Attorney Ana M. Builes, David H. Gans, Elizabeth B. Wydra, Praveen Fernandes) (HH)

49 Feb. 24, 2025

MINUTE ORDER Amicus Curiae Constitutional Accountability Center's agreed motion for leave to file an Amicus Brief, Dkt. 41, is GRANTED. Authorized by Judge Benjamin H. Settle.(MDH) (Entered: 02/24/2025)

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Feb. 24, 2025

Order on Motion for Leave

50 Feb. 25, 2025

ORDER re 46 Application for Leave to Appear Pro Hac Vice, 45 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorneys Elizabeth B Wydra,David H Gans for Amicus Constitutional Accountability Center, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 02/25/2025)

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Feb. 25, 2025

Order on Application for Leave to Appear Pro Hac Vice

51 Feb. 26, 2025

NOTICE of Appearance by attorney Cassandra Erin Baker on behalf of Amicus State of Washington. (Baker, Cassandra) (Entered: 02/26/2025)

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52 Feb. 26, 2025

Unopposed MOTION for Leave to File Brief of Amici Curiae by the States of WA, VT, AZ, CA, CO, CT, DE, HI, IL, ME, MD, MA, MI, MN, NV, NJ, NY, NC, OR, RI, and WI in Support of Plaintiffs' Motion for a PI, filed by Amicus State of Washington. (Attachments: # 1 Proposed Order [Proposed] Order Granting Unopposed Motion for Leave to File Amicus Brief) Noting Date 2/26/2025, (Baker, Cassandra) (Entered: 02/26/2025)

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53 Feb. 26, 2025

Amicus BRIEF re 52 Unopposed MOTION for Leave to File Brief of Amici Curiae by the States of WA, VT, AZ, CA, CO, CT, DE, HI, IL, ME, MD, MA, MI, MN, NV, NJ, NY, NC, OR, RI, and WI in Support of Plaintiffs' Motion for a PI by Amicus State of Washington (Baker, Cassandra) (Entered: 02/26/2025)

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54 Feb. 27, 2025

ORDER granting Plaintiffs' Unopposed 52 Motion for leave to file an amicus curiae brief of Amici by the States of Washington, Vermont, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, and Wisconsin. Signed by Judge Benjamin H. Settle.(MDH) (Entered: 02/27/2025)

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55 March 3, 2025

Stipulated MOTION to File Amended Complaint and Supplemental Preliminary Injunction Briefing; Amend Briefing Schedule; and Set Preliminary Injunction Motion for a Hearing, filed by All Plaintiffs. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B) Noting Date 3/3/2025, (Gordon, Matthew) (Entered: 03/03/2025)

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56 March 3, 2025

ORDER granting the Parties' 55 Stipulated Motion to File Amended Complaint and Supplemental Preliminary Injunction Briefing; Amend Briefing Schedule; and Set Preliminary Injunction Motion for a Hearing. Signed by Judge Benjamin H. Settle.(CJS) (Entered: 03/03/2025)

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57 March 4, 2025

MINUTE ORDER authorized by Judge Benjamin H. Settle. The Court ORDERS the Government to immediately notify Plaintiffs and the Court if the Department of Defense (or any of its subsidiaries) issues any policy or guidance implementing the challenged Executive Orders in the military. The Court further ORDERS the Government to immediately notify Plaintiffs and the Court before any changes are made to Plaintiffs' status quo in any respect. The Court will entertain a motion for a temporary restraining order should any action be taken against Plaintiffs before a preliminary injunction hearing. (CJS) (Entered: 03/04/2025)

RECAP
58 March 4, 2025

NOTICE Pursuant to the Court's Order re 57 Minute Order,, ; filed by All Defendants. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Robinson, John) (Entered: 03/04/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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59 March 4, 2025

AMENDED COMPLAINT for Declaratory and Injunctive Relief against All Defendants filed by Cathrine Schmid, Emily Shilling, Videl Leins, Matthew Medina, Blake Dremann, Jane Doe, Gender Justice League, Geirid Morgan, Sierra Moran. (Gordon, Matthew) Modified on 3/5/2025 to add additional filer (KB). (Entered: 03/04/2025)

Clearinghouse
60 March 4, 2025

Supplemental BRIEF re 23 MOTION for Preliminary Injunction by All Plaintiffs (Gordon, Matthew) (Entered: 03/04/2025)

Clearinghouse
61 March 4, 2025

DECLARATION of Matthew P. Gordon re 60 Brief by All Plaintiffs (Attachments: # 1 Exhibit 25, # 2 Exhibit 26)(Gordon, Matthew) (Entered: 03/04/2025)

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62 March 4, 2025

DECLARATION of Regan Morgan re 60 Brief by All Plaintiffs (Attachments: # 1 Exhibit A)(Gordon, Matthew) (Entered: 03/04/2025)

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March 4, 2025

2 - Minute Order

63 March 5, 2025

NOTICE of Appearance by attorney John Robinson on behalf of Defendants Donald J Trump, United States of America, Peter Hegseth, United States Department of Defense, Mark Averill, United States Department of the Army, Terence Emmert, United States Department of the Navy, Gary Ashworth, United States Department of the Air Force. (Robinson, John) (Entered: 03/05/2025)

RECAP
64 March 5, 2025

NOTICE Pursuant to the Court's Order re 57 Minute Order,, ; filed by All Defendants. (Attachments: # 1 Exhibit 1 04 March 2025 DoD Clarifying Guidance)(Robinson, John) (Entered: 03/05/2025)

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65 March 6, 2025

MINUTE ORDER The Court intends to hear argument on the motion for preliminary injunction on March 25 beginning at 10 a.m. Both parties shall notify the Court whether they desire to cross examine any witnesses (and if so how many) at the preliminary injunction hearing by no later than noon, Friday, March 7.The March 25 hearing will be structured as follows:The hearing will proceed in person. Any attorney who argues must do so in person. The hearing will be open to the public to attend in person. Please note that pursuant to Local Civil Rule 78(b), the taking of photographs or any electronic (audio or video) recordings, and the broadcast or streaming thereof in connection with this judicial proceeding is prohibited. The Court will not provide remote public access for this hearing.Each side will be limited to 30 minutes of argument including questions from the Court. The Court may recall either side for additional argument or questioning. Authorized by Judge Benjamin H. Settle. (MDH) (Entered: 03/06/2025)

RECAP
March 6, 2025

2 - Minute Order

March 6, 2025

Set/Reset Motion and R&R Deadlines/Hearings

March 6, 2025

Motion Hearing set re 23 MOTION for Preliminary Injunction for 3/25/2025 at 10:00 AM before Judge Benjamin H. Settle. (MDH)

66 March 7, 2025

NOTICE re 65 Minute Order,,, ; filed by All Defendants. (Robinson, John) (Entered: 03/07/2025)

RECAP
67 March 7, 2025

NOTICE Re: Cross-Examining Witnesses re 65 Minute Order,,, ; filed by All Plaintiffs. (Gordon, Matthew) (Entered: 03/07/2025)

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68 March 7, 2025

NOTICE Pursuant to the Court's Order ; filed by All Defendants. (Attachments: # 1 Exhibit 1 - 06 Mar 2025 Army Guidance, # 2 Exhibit 2 - 07 Mar 2025 Army EXORD 175-25)(Robinson, John) (Entered: 03/07/2025)

1 Exhibit 1 - 06 Mar 2025 Army Guidance

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2 Exhibit 2 - 07 Mar 2025 Army EXORD 175-25

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RECAP
69 March 12, 2025

MINUTE ORDER. On March 4th, 2025 the Court issued a minute order directing the government to immediately notify Plaintiffs and the Court if the Department of Defense (or any of its subsidiaries) issues any policy or guidance implementing the challenged Executive Orders in the military.Defendants are ORDERED to submit a copy of the Acting Assistant Secretary of Defense for Manpower and Reserve Affairs' Action Memo, dated February 26, 2025, with the subject Implementing Guidance for Prioritizing Military Excellence and Readiness Executive Order (EO), (hereinafter action memo), as well as the entirety of any studies or data that the action memo cites, including: - Accession Medical Standards Analysis and Research Activity (AMSARA) Report, Analysis of Medical Administrative Data on Transgender Service Members, July 14, 2021. - Office of the Assistant Secretary of Defense for Health Affairs Literature Review: Level of Evidence for Gender-Affirming Treatments.Defendants have until 9:00 p.m. today, March 12, 2025 to submit the action memo and the entirety any study or data it cites.The parties are no doubt aware of the related case proceeding in Washington D.C., Talbott v. Trump, 1:25-cv-00240-ACR. The parties here are directed to supplement the present docket with any Talbott submissions that have not yet been submitted here (and indicate the docket number in Talbott), regarding defendants' policies or actions taken in response to the challenged Executive Orders, and military budget data. They shall do so by noon Thursday, March 13, 2025. Authorized by Judge Benjamin H. Settle. (MDH) (Entered: 03/12/2025)

RECAP
70 March 12, 2025

NOTICE of Appearance by attorney Jason C. Lynch on behalf of Defendants Donald J Trump, United States of America, Peter Hegseth, United States Department of Defense, United States Department of the Army, Terence Emmert, United States Department of the Navy, Gary Ashworth, United States Department of the Air Force, Daniel P Driscoll. (Lynch, Jason) (Entered: 03/12/2025)

RECAP
71 March 12, 2025

RESPONSE by All Defendants re 69 Minute Order,,,,,, (Attachments: # 1 Exhibit 1 - Action Memo, # 2 Exhibit 2 - Action Memo Tab 11 (Mattis Memo & Report), # 3 Exhibit 3 - Action Memo Tab 12 (AMSARA), # 4 Exhibit 4 - Action Memo Tab 13 (Literature Review))(Lynch, Jason) (Entered: 03/12/2025)

RECAP
March 12, 2025

2 - Minute Order

72 March 13, 2025

Unopposed MOTION for Leave to File Over-length Motions and Briefs, filed by All Defendants. Noting Date 3/13/2025, (Robinson, John) (Entered: 03/13/2025)

RECAP
73 March 13, 2025

NOTICE (Joint) in response to Court Order re 69 Minute Order,,,,,, ; filed by All Parties. (Attachments: # 1 Exhibit 1 - MEPS Email, # 2 Exhibit 2 - December 17 Health Data, # 3 Exhibit 3 - Defs.' Response to Court Order, # 4 Exhibit 4 - CRS report, # 5 Exhibit 5 - DoDI 6130.03 Vol. 2, # 6 Exhibit 6 - DoDI 1332.14, # 7 Exhibit 7 - DoDI 1332.30, # 8 Exhibit 8 - DoDI 1338.18, # 9 Exhibit 9 - USDPR FAQs, # 10 Exhibit 10 - PAO Guidance)(Robinson, John) (Entered: 03/13/2025)

1 Exhibit 1 - MEPS Email

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2 Exhibit 2 - December 17 Health Data

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3 Exhibit 3 - Defs.' Response to Court Order

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4 Exhibit 4 - CRS report

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5 Exhibit 5 - DoDI 6130.03 Vol. 2

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6 Exhibit 6 - DoDI 1332.14

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7 Exhibit 7 - DoDI 1332.30

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8 Exhibit 8 - DoDI 1338.18

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9 Exhibit 9 - USDPR FAQs

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10 Exhibit 10 - PAO Guidance

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RECAP
74 March 13, 2025

MINUTE ORDER. The parties' unopposed motion for leave to file over-length motions and briefs, Dkt. 72, is GRANTED. Authorized by Judge Benjamin H. Settle.(MDH) (Entered: 03/13/2025)

RECAP
75 March 13, 2025

NOTICE Pursuant to the Court's Order re 57 Minute Order,, ; filed by All Defendants. (Attachments: # 1 Exhibit 1 - 13 March 2025 ALLNAV 023/25)(Robinson, John) (Entered: 03/13/2025)

RECAP
March 13, 2025

Order on Motion for Leave to File Over-length Motions and Briefs

76 March 14, 2025

RESPONSE, by All Defendants, to 23 MOTION for Preliminary Injunction . (Attachments: # 1 Exhibit 1 - 2018 DoD Report, # 2 Exhibit 2 - Carter Memo, # 3 Exhibit 3 - DoDI 6130.03, # 4 Exhibit 4 - Mattis Testimony, # 5 Exhibit 5 - 2017 Presidential Mem., # 6 Exhibit 6 - Dill Declaration)(Robinson, John) (Entered: 03/14/2025)

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77 March 14, 2025

NOTICE Pursuant to the Court's Order re 57 Minute Order,, ; filed by All Defendants. (Attachments: # 1 Exhibit 1 - Marine Corps guidance)(Robinson, John) (Entered: 03/14/2025)

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78 March 17, 2025

Unopposed MOTION for Leave to File Over-length Motions and Briefs (Reply), filed by All Plaintiffs. (Attachments: # 1 Proposed Order) Noting Date 3/17/2025, (Gordon, Matthew) (Entered: 03/17/2025)

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79 March 17, 2025

NOTICE Pursuant to the Court's Order re 57 Minute Order,, ; filed by All Defendants. (Attachments: # 1 Exhibit 1 - NAVADMIN 055/25)(Robinson, John) (Entered: 03/17/2025)

1 Exhibit 1 - NAVADMIN 055/25

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80 March 18, 2025

ORDER granting Plaintiff's 78 Motion for Leave to File Over-length Reply Brief. Plaintiffs are allowed to file an overlength reply brief with a 6,500 word count limit. Signed by Judge Benjamin H. Settle.(MW) (Entered: 03/18/2025)

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81 March 19, 2025

MINUTE ORDER. The Court intends to dismiss Defendant Donald Trump as the named defendant and replace him with United States et. al. in the case caption. The parties are directed to meet and confer submit any objections to dropping Defendant Donald Trump and the Court's proposed caption change by 5 p.m. Friday, March 21, 2025 March 20, 2025. Authorized by Judge Benjamin H. Settle. (MDH) Modified deadline date on 3/19/2025. (MDH) (Entered: 03/19/2025)

RECAP
82 March 19, 2025

REPLY, filed by All Plaintiffs, TO RESPONSE to 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 03/19/2025)

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83 March 19, 2025

Supplemental DECLARATION of Matthew P. Gordon filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 27, # 2 Exhibit 28, # 3 Exhibit 29, # 4 Exhibit 30, # 5 Exhibit 31, # 6 Exhibit 32, # 7 Exhibit 33, # 8 Exhibit 34, # 9 Exhibit 35, # 10 Exhibit 36)(Gordon, Matthew) (Entered: 03/19/2025)

RECAP
84 March 19, 2025

Supplemental DECLARATION of Alex Wagner filed by All Plaintiffs re 23 MOTION for Preliminary Injunction (Gordon, Matthew) (Entered: 03/19/2025)

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Case Details

State / Territory:

Washington

Case Type(s):

Equal Employment

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Feb. 6, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Six transgender service members in the U.S. military; one prospective service member who is transgender; and Gender Justice League, a civil rights organization with transgender military members.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Lambda Legal

Perkins Coie

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

President of the U.S.

U.S. Department of Defense

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Equal Protection

Freedom of speech/association

Other Dockets:

Western District of Washington 2:25-cv-00241

U.S. Court of Appeals for the Ninth Circuit 25-02039

Supreme Court of the United States 24A1030

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Discrimination Area:

Discharge / Constructive Discharge / Layoff

Disparate Treatment

Hiring

Discrimination Basis:

Gender identity

Sex discrimination

Affected Sex/Gender(s):

Transgender

LGBTQ+:

LGBTQ+

Recommended Citation