Beruflich Dokumente
Kultur Dokumente
by Joseph Zernik
Human Rights Alert DN: cn=Joseph
Zernik, o, ou,
PO Box 526, La Verne, CA 91750 email=jz12345@
earthlink.net,
Fax: 323.488.9697; Email: jz12345@earthlink.net c=US
Blog: http://human-rights-alert.blogspot.com/ Date: 2010.12.06
Scribd: http://www.scribd.com/Human_Rights_Alert 18:34:05 +02'00'
10-12-06 Don’t Ask Don’t Tell – Log Cabin Republicans v United States of America et al (2:04-
cv-08425) at the US District Court, Central District of California
1. September 9, 2010 - Judge Rules That Military Policy Violates Rights of Gays, by John
Schwartz, New York Times. (p2)
3. December 5, 2010 – Judgment Index: listing Judgment March 22, 2006 Judgment in favor of the
United States of America. (p40)
4. November 27, 2006 - Dkt #034 Minutes by Judge Schiavelli: court file was inadvertently destroyed,
since the case was deemed closed. (p41)
5. October 8, 2008 - Dkt #065 Judge Virginia Phillips designated as “Transferee Judge”. (p42)
6. October 12, 2010 - Dkt #252 Judge Virginia Phillips’ Judgment and Permanent Injunction. (p43)
7. October 20, 2010 - Dkt #274 Order issued on behalf of “O'SCANNLAIN, TROTT, and W
FLETCHER, Circuit Judges” of the US Court of Appeals, 9th Circuit,
staying the injunction. (p46)
• No Assignment Orders for Judges Schiavelli or Phillips were found in the docket.
See also:
10-12-05 Request for investigation, impeachment proceedings where appropriate, in re: US Judges JED RAKOFF, VIRGINIA
PHILLIPS, JOHN WALTER, and US Magistrate CARLA WOEHRLE – for conduct, which undermined Banking Regulation and/or
Human Rights in the United States
http://www.scribd.com/doc/44671154/
12/6/2010 Judge Rules That Military Policy Violate…
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September 9, 2010
Judge Virginia A. Phillips of Federal District Court struck down the rule in an opinion issued late
in the day. The policy was signed into law in 1993 as a compromise that would allow gay and
lesbian soldiers to serve in the military.
The rule limits the military’s ability to ask about the sexual orientation of service members, and
allows homosexuals to serve, as long as they do not disclose their orientation and do not engage
in homosexual acts.
The plaintiffs challenged the law under the Fifth and First Amendments to the Constitution, and
Judge Phillips agreed.
“The 'don’t ask, don’t tell' act infringes the fundamental rights of United States service
members in many ways,” she wrote. “In order to justify the encroachment on these rights,
defendants faced the burden at trial of showing the 'don’t ask, don’t tell' act was necessary to
significantly further the government’s important interests in military readiness and unit
cohesion. Defendants failed to meet that burden.”
The rule, she wrote in an 86-page opinion, has a “direct and deleterious effect” on the armed
services.
The plaintiffs argued that the act violated the rights of service members in two ways.
First, they said, it violates their guarantee of substantive due process under the Fifth
Amendment. The second restriction, the plaintiffs said, involves the free-speech rights
guaranteed under the First Amendment. Although those rights are diminished in the military,
the judge wrote, the restrictions in the act still fail the constitutional test of being “reasonably
necessary” to protect “a substantial government interest.”
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12/6/2010 Judge Rules That Military Policy Violate…
The “sweeping reach” of the speech restrictions under the act, she said, “is far broader than is
reasonably necessary to protect the substantial government interest at stake here.”
The decision is among a number of recent rulings that suggest a growing judicial skepticism
about measures that discriminate against homosexuals, including rulings against California’s ban
on same-sex marriage and a Massachusetts decision striking down a federal law forbidding the
federal government to recognize same-sex marriage.
It will not change the policy right away; the judge called for the plaintiffs to submit a proposed
injunction limiting the law by Sept. 16th. The defendants will submit their objections to the plan
a week after that. Any decision would probably be stayed pending appeals.
The suit was brought by the Log Cabin Republicans, a gay organization. The group’s executive
director, R. Clarke Cooper, pronounced himself “delighted” with the ruling, which he called “not
just a win for Log Cabin Republican service members but all American service members.”
Those who would have preserved the rule were critical of the decision.
“It is hard to believe that a District Court-level judge in California knows more about what
impacts military readiness than the service chiefs who are all on record saying the law on
homosexuality in the military should not be changed,” said Tony Perkins, president of the
Family Research Council, a conservative group. He called Judge Phillips, who was appointed by
President Bill Clinton, a “judicial activist.”
As a candidate for president, Senator Barack Obama vowed to end “don’t ask, don’t tell.” Once
elected, he remained critical of the policy but said it was the role of Congress to change the law;
the Justice Department has continued to defend the law in court.
In February, Defense Secretary Robert M. Gates and Adm. Mike Mullen, the chairman of the
Joint Chiefs of Staff, asked Congress to allow gays to serve openly by repealing the law. The
House has voted for repeal, but the Senate has not yet acted.
Richard Socarides, a lawyer who served as an adviser to the Clinton administration on gay
issues when the policy was passed into law, said the legal action was long overdue. “The
president has said he opposes the policy, yet he has defended it in court. Now that he’s lost, and
resoundingly so, he must stop enforcing it.”
The case, which was heard in July, involved testimony from six military officers who had been
discharged because of the policy. One, Michael Almy, was an Air Force major who was serving
his third tour of duty in Iraq when someone using his computer found at least one message to a
man discussing homosexual conduct.
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12/6/2010 Judge Rules That Military Policy Violate…
Another plaintiff, John Nicholson, was going through training for intelligence work in the Army
and tried to conceal his sexual orientation by writing to a friend in Portuguese. A fellow service
member who was also fluent in that language, however, read the letter on his desk and rumors
spread throughout his unit.
When Mr. Nicholson asked a platoon sergeant to help quash the rumors, the sergeant instead
informed his superiors, who initiated discharge proceedings.
nytimes.com/2010/09/10/…/10gays.ht… 3/3
12/6/2010 CM/ECF - California Central District
(Ex), APPEAL, CLOSED, DISCOVERY, PROTORD, REOPENED, STAYED
Plaintiff
Log Cabin Republicans represented by C Martin Meekins
a non-profit corporation White and Case
633 West 5th Street, Suite 1900
Los Angeles, CA 90071
213-620-7891
TERMINATED: 07/08/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Daniel J Woods
White & Case
633 W 5th St, Ste 1900
Los Angeles, CA 90071-2007
213-620-7772
Email: dwoods@whitecase.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Paul G Freeborne
US Department of Justice
PO Box 883
Washington, DC 200444
202-616-8330
Email: paul.freeborne@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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Timothy Michael Rusche
Seyfarth Shaw
333 South Hope Street
Suite 3900
Los Angeles, CA 90071
213-270-9662
Fax: 213-270-9601
Email: trusche@seyfarth.com
TERMINATED: 07/08/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Earle D Miller
White & Case
633 W 5th St, Ste 1900
Los Angeles, CA 90071-2007
213-620-7700
Email: emiller@whitecase.com
ATTORNEY TO BE NOTICED
Fernando L Aenlle-Rocha
White and Case
633 West Fifth Street Suite 1900
Los Angeles, CA 90071-2007
213-620-7700
Fax: 213-452-2329
Email: faenlle-rocha@whitecase.com
ATTORNEY TO BE NOTICED
Patrick O Hunnius
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DLA Piper LLP (US)
1999 Avenue of the Stars
4th Floor
Los Angeles, CA 90067-6022
310-595-3030
Fax: 310-595-3330
Email: patrick.hunnius@dlapiper.com
TERMINATED: 06/22/2010
ATTORNEY TO BE NOTICED
V.
Defendant
United States of America represented by Daniel J Woods
(See above for address)
TERMINATED: 07/08/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Paul G Freeborne
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
W Scott Simpson
U.S. Department of Justice
Civil Division - Federal Programs Branch
Post Office Box 883
Rm 7210
Washington, DC 20044
202-514-3495
Email: scott.simpson@usdoj.gov
ATTORNEY TO BE NOTICED
Defendant
Donald H Rumsfeld represented by Daniel J Woods
Secretary of Defense, in his official (See above for address)
capacity TERMINATED: 07/08/2008
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Paul G Freeborne
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
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W Scott Simpson
(See above for address)
ATTORNEY TO BE NOTICED
01/12/2007 35 REQUEST FOR INTENDED DECISION Date in Accordance with LR 83-9.4 and
83-9.5 filed by Defendants United States of America, Donald H Rumsfeld. (yl, )
(Entered: 01/30/2007)
03/26/2007 36 MINUTES (IN CHAMBERS) by Judge George P. Schiavelli: RE: MOTION to
Dismiss 29 . The Court places the above referenced motion on calendar for 6/18/2007
at 1:30 PM. Court Reporter: Not present. (pcl, ) (Entered: 03/27/2007)
06/06/2007 38 NOTICE of Supplemental Authority filed by defendants United States of America,
Donald H Rumsfeld. (ad) (Entered: 06/27/2007)
06/07/2007 37 MINUTES (IN CHAMBERS) by Judge George P. Schiavelli: Order requiring Plaintiff
to file "John Doe" Declaration. Plaintiff is ordered to file this anonymous declaration by
7/11/2007. (See document for further details.) (pcl) (Entered: 06/08/2007)
06/11/2007 39 DECLARATION of John Doe filed by Plaintiff Log Cabin Republicans. (ad) (Entered:
06/27/2007)
06/28/2007 40 REPORTERS TRANSCRIPT filed for proceedings held on 6/18/07. Court Reporter:
Pamela Cotten. (klg) (Entered: 07/13/2007)
10/24/2007 41 SUPPLEMENTAL AUTHORITY in Support of Plaintiff Log Cabin Republicans'
Opposition to MOTION to Dismiss Case 29 filed by Plaintiff Log Cabin Republicans.
(tad) (Entered: 10/25/2007)
10/24/2007 42 JOINT REQUEST for Decision in Accordance with Local Rule 83-9.2 filed by Plaintiff
Log Cabin Republicans, and Defendants United States of America. (tad) (Entered:
10/25/2007)
10/26/2007 43 MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli :
Court permits plaintiff's supplemental argument in support of opposition to defendants'
motion to dismiss; the Court will allow defendants to file an opposition brief by 11/5/07;
plaintiff has until 11/12/07 to file a reply; additionally, as a consequence of the Court's
accepting plaintiff's supplemental memorandum,the Joint REQUEST for a decision is
denied as moot 42 . (lc) (Entered: 10/29/2007)
11/05/2007 44 RESPONSE to Plaintiff's Supplemental Authority in SUPPORT of Plaintiff's Opposition
to MOTION to Dismiss 29 filed by Defendants United States of America, Donald H
Rumsfeld. (vh) (Entered: 11/08/2007)
11/13/2007 45 REPLY in support of plaintiff's supplemental authority in opposition to MOTION to
Dismiss 29 filed by Plaintiff Log Cabin Republicans. (lc) (Entered: 11/21/2007)
03/20/2008 46 Joint Request For Decision In Accordance With Local Rule 83-9.2 filed by Plaintiff Log
Cabin Republicans, Defendants United States of America, Donald H Rumsfeld
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(Hunnius, Patrick) (Entered: 03/20/2008)
03/20/2008 47 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The
following deficiency was found wrong event: miscellaneous document; correct event
found under Request category: ruling (for your "request for a decision), action was or
will be taken by filer: RE Miscellaneous Document 46 (lc) (Entered: 03/21/2008)
04/08/2008 48 NOTICE of Change of Attorney Information for attorney Patrick O Hunnius counsel for
Plaintiff Log Cabin Republicans. Adding Patrick Hunnius as attorney as counsel of
record for Log Cabin Republicans for the reason indicated in the G-06 Notice. Filed by
Plaintiff Log Cabin Republicans (Hunnius, Patrick) (Entered: 04/08/2008)
04/08/2008 49 NOTICE of Change of Attorney Information for attorney Patrick O Hunnius counsel for
Plaintiff Log Cabin Republicans.Timothy M. Rusche is no longer attorney of record for
the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed
by Plaintiff Log Cabin Republicans (Hunnius, Patrick) (Entered: 04/08/2008)
04/08/2008 50 NOTICE of Change of Attorney Information for attorney Patrick O Hunnius counsel for
Plaintiff Log Cabin Republicans.C. Martin Meekins is no longer attorney of record for
the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed
by Plaintiff Log Cabin Republicans (Hunnius, Patrick) (Entered: 04/08/2008)
04/30/2008 51 Joint REQUEST for Ruling To Chief Judge re Motion to Dismiss filed by Plaintiff Log
Cabin Republicans. (Hunnius, Patrick) (Entered: 04/30/2008)
05/23/2008 52 MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli :
Order Staying Action in Light of Ninth Circuits May 21, 2008 Decision in Witt v.
Department of Air Force, et al.Accordingly, the submission of the motion is
VACATED, and further proceedings in this action are STAYED pending the final
disposition in Witt. (lc) (Entered: 05/23/2008)
05/30/2008 53 EX PARTE APPLICATION to Vacate Minutes of In Chambers Order/Directive - no
proceeding held, Case Stayed,, 52 filed by Plaintiff Log Cabin Republicans.
(Attachments: # 1 Proposed Order Granting Log Cabin Republicans' Ex Parte
Application to Vacate Stay)(Hunnius, Patrick) (Entered: 05/30/2008)
06/02/2008 54 Opposition to Plaintiff's Ex Parte Application for Order Vacating Stay filed by
Defendants United States of America, Donald H Rumsfeld re: EX PARTE
APPLICATION to Vacate Minutes of In Chambers Order/Directive - no proceeding
held, Case Stayed,, 52 EX PARTE APPLICATION to Vacate Minutes of In
Chambers Order/Directive - no proceeding held, Case Stayed,, 52 53 (West, Roger)
(Entered: 06/02/2008)
06/03/2008 55 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The
following error(s) was found: wrong event: miscellaneous; correct event found under
motion related documents: memorandum in opposition RE: Miscellaneous Document, 54
. 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. (lc) (Entered: 06/03/2008)
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07/01/2008 56 MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli: re:
EX PARTE APPLICATION to Vacate Minutes of In Chambers Order/Directive - no
proceeding held, Case Stayed,, 52 EX PARTE APPLICATION to Vacate Minutes of
In Chambers Order/Directive - no proceeding held, Case Stayed,, 52 53 . (tad)
(Entered: 07/01/2008)
07/22/2008 57 NOTICE OF APPEAL to the 9th CCA filed by PLAINTIFFLog Cabin Republicans.
(Attachments: # 1 Exhibit EXH. A TO NOTICE OF APPEAL)(Hunnius, Patrick)
(Entered: 07/22/2008)
07/22/2008 58 Civil Appeals Docketing Statement received from PLAINTIFF Log Cabin Republicans
forwarded to 9th CCA. RE: Notice of Appeal to 9th Circuit Court of Appeals 57
(Hunnius, Patrick) (Entered: 07/22/2008)
07/22/2008 59 NOTICE OF APPEAL NOTIFICATION form issued regarding Notice of Appeal to
9th Circuit Court of Appeals 57 as to Plaintiff Log Cabin Republicans. (lr) (Entered:
07/22/2008)
07/22/2008 60 CERTIFICATE OF RECORD Transmitted to USCA re Notice of Appeal to 9th
Circuit Court of Appeals 57 filed by Log Cabin Republicans ; Court of Appeals Case
Number: 08-56185. Transcripts: None Requested. (lr) (Entered: 07/22/2008)
07/22/2008 61 FILING FEE LETTER issued as to Plaintiff Log Cabin Republicans, re a $5.00 filing
fee and $450.00 docket fee are requiree to be paid to the Clerk, U.S. District Court. re
Notice of Appeal to 9th Circuit Court of Appeals 57 (lr) (Entered: 07/22/2008)
07/22/2008 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Notice
of Appeal to 9th Circuit Court of Appeals 57 (lr) (Entered: 07/22/2008)
07/22/2008 62 NOTIFICATION by Circuit Court of Appellate Docket Number 08-56185, 9th CCA
regarding Notice of Appeal to 9th Circuit Court of Appeals 57 as to Plaintiff Log Cabin
Republicans. (lr) (Entered: 07/22/2008)
07/22/2008 63 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of Appeals 57 as to
Plaintiff Log Cabin Republicans; Receipt Number: 109617, Paid in the amount of $455.
(lr) (Entered: 07/23/2008)
07/29/2008 64 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 57
filed by Log Cabin Republicans, CCA # 08-56185. Within 21 days after the date of this
order, appellant shall pay to the district court the $455.00 filing and docketing fees for
this appeal and file in this court proof of such payment. Within 21 dyas after the date of
this order, appellant shall move for voluntary dismissal of the appeal or show case why it
should not be dismissed for lack of jurisdiction. (cbr) (Entered: 07/30/2008)
10/08/2008 65 ORDER OF THE CHIEF JUDGE (#08-078) approved by Chief Judge Alicemarie H.
Stotler, with the concurrence of the Case Management and Assignment Committee, this
case is transferred, from Judge George P. Schiavelli, to the calendar of Judge Virginia A.
Phillips, for all further proceedings. The case number will now reflect the initials of the
transferee Judge CV04-8425 VAP (Ex). (at) (Entered: 10/10/2008)
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10/08/2008 66 ORDER OF THE CHIEF JUDGE (#08-078) approved by Chief Judge Alicemarie H.
Stotler, with the concurrence of the Case Management and Assignment Committee, this
case is transferred, from Judge George P. Schiavelli, to the calendar of Judge Virginia A.
Phillips, for all further proceedings. The case number will now reflect the initials of the
transferee Judge CV04-8425 VAP (Ex). (at) (Entered: 10/10/2008)
11/04/2008 68 STANDING ORDER by Judge Virginia A. Phillips, READ THIS ORDER
CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME
RESPECTS FROM THE LOCAL RULES. (am) (Entered: 11/10/2008)
11/06/2008 67 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 57
filed by Log Cabin Republicans, CCA # 08-56185. Appeal is dismissed for lack of
jurisidction. Order received in this district on 11/6/08. (car) (Entered: 11/10/2008)
12/01/2008 69 MANDATE of 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals 57 ,
CCA # 08-56185. The court dismisses this appeal for lack of jurisdiction. Mandate
received in this district on 12/1/2008. (dmap) (Entered: 12/03/2008)
12/11/2008 70 PROOF OF SERVICE filed by Plaintiff Log Cabin Republicans, of Notice of Standing
Order served on 12/11/2008. (Hunnius, Patrick) (Entered: 12/11/2008)
12/11/2008 71 STATUS REPORT AND REQUEST FOR STATUS CONFERENCE filed by Plaintiff
Log Cabin Republicans. (Hunnius, Patrick) (Entered: 12/11/2008)
12/17/2008 72 MINUTES OF IN CHAMBERS ORDER held before Judge Virginia A. Phillips:
COUNSEL ARE NOTIFIED that a status conference is set for Wednesday, January
28,2009 at 9:00 a.m. The parties shall file a joint status report on or before January 21,
2009 (am) (Entered: 12/17/2008)
01/21/2009 73 STATUS REPORT Joint Status Report filed by Plaintiff Log Cabin Republicans,
Defendant United States of America. (Hunnius, Patrick) (Entered: 01/21/2009)
01/22/2009 74 ORDER from 9th CCA filed, CCA # 08-73194. Petitioner has not demonstrated that
this case warrants the intervention of this courtby means of the extraordinary remedy of
mandamus. Accordingly, the petition is denied. (cbr) (Entered: 01/23/2009)
01/26/2009 75 MINUTES OF IN CHAMBERS ORDER held before Judge Virginia A. Phillips:
COUNSEL ARE NOTIFIED that on the Court's own motion, the status conference
presently scheduled for Wednesday, January 28, 2009 at 9:00 a.m. is ordered
continued to Thursday, January 29, 2009 at 9:00 a.m. ( Status Conference set for
1/29/2009 09:00 AM before Judge Virginia A. Phillips.) (mrgo) (Entered: 01/26/2009)
01/29/2009 76 MINUTES OF Status Conference held before Judge Virginia A. Phillips: The Court will
allow supplemental briefing on the issue of substantive due process. The defendant shall
file its supplemental opening brief on or before February 17, 2009; the plaintiff shall file
response on or before February 27, 2009. The Court sets defendants motion to dismiss
for March 9, 2009 at 10:00 a.m. before Judge Virginia A. PhillipsCourt Reporter:
Phyllis Preston. (am) (Entered: 02/02/2009)
02/17/2009 77 NOTICE OF MOTION AND Supplemental MOTION to Dismiss Case Addressing
The Issue of Substantive Due Process filed by Federal Defendants United States of
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America, Donald H Rumsfeld. Motion set for hearing on 3/9/2009 at 10:00 AM before
Judge Virginia A. Phillips. (Freeborne, Paul) (Entered: 02/17/2009)
02/23/2009 78 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The
following error(s) was found: Motion date is not timely. Only 20 days notice. RE:
Supplemental MOTION to Dismiss Case Addressing The Issue of Substantive Due
Process 77 . 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. (mrgo) (Entered: 02/23/2009)
02/27/2009 79 Opposition re: Supplemental MOTION to Dismiss Case Addressing The Issue of
Substantive Due Process 77 filed by Plaintiff Log Cabin Republicans. (Hunnius,
Patrick) (Entered: 02/27/2009)
03/09/2009 81 MINUTES OF Motion Hearing re Defendants Motion to Dismiss, filed 2/17/09 held
before Judge Virginia A. Phillips: Court issues a tentative ruling, hears oral argument and
takes the matter under submission.Court Reporter: Phyllis Preston. (am) (Entered:
03/10/2009)
03/10/2009 80 NOTICE of Change of Attorney Information for attorney Patrick O Hunnius counsel for
Plaintiff Log Cabin Republicans. Sayema Hameed will no longer receive service of
documents from the Clerks Office for the reason indicated in the G-06 Notice.Sayema
Hameed is no longer attorney of record for the aforementioned party in this case for the
reason indicated in the G-06 Notice. Filed by Plaintiff Log Cabin Republicans (Hunnius,
Patrick) (Entered: 03/10/2009)
06/09/2009 83 ORDER by Judge Virginia A. Phillips: granting in part and denying in part defendants' 29
Motion to Dismiss Case. The Court DENIES the Motion insofar as it attacks Plaintiff's
standing to bring suit; DENIES the Motion as to Plaintiff's substantive due process
claim; GRANTS the Motion as to Plaintiff's equal protection claim; and GRANTS IN
PART and DENIES IN PART the Motion as to Plaintiff's First Amendment claim. (See
document for further specifics) (mrgo) (Entered: 06/11/2009)
06/10/2009 82 MINUTES OF IN CHAMBERS ORDER held before Judge Virginia A. Phillips:
COUNSEL ARE NOTIFIED that on the Court's own motion a status conference will
be held on Monday, June 22, 2009 at 1:30 p.m. ( Status Conference set for 6/22/2009
01:30 PM before Judge Virginia A. Phillips.) (mrgo) (Entered: 06/10/2009)
06/18/2009 84 MINUTES OF IN CHAMBERS ORDER (1) VACATING JUNE 22, 2009 STATUS
CONFERENCE; (2) SETTING MATTER FOR JULY 6, 2009 SCHEDULING
CONFERENCE held before Judge Virginia A. Phillips: ( Scheduling Conference set for
7/6/2009 at 01:30 PM before Judge Virginia A. Phillips.) (mrgo) (Entered: 06/22/2009)
06/25/2009 85 STIPULATION for Extension of Time to File Answer to First Amended Complaint
filed by Defendants United States of America, Donald H Rumsfeld. (Attachments: # 1
Proposed Order)(Freeborne, Paul) (Entered: 06/25/2009)
06/29/2009 86 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial not specified, filed
by Plaintiff Log Cabin Republicans, Defendants United States of America, Donald H
Rumsfeld.. (Hunnius, Patrick) (Entered: 06/29/2009)
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06/29/2009 87 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to
Appear Before Magistrate Judge for settlement proceedings. Filed by Plaintiff Log
Cabin Republicans, Defendants United States of America, Donald H Rumsfeld.
(Hunnius, Patrick) (Entered: 06/29/2009)
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(Entered: 02/22/2010)
02/23/2010 107 NOTICE of Appearance filed by attorney W Scott Simpson on behalf of Defendants
Donald H Rumsfeld, United States of America (Simpson, W) (Entered: 02/23/2010)
02/23/2010 108 NOTICE of Appearance filed by attorney Ryan Bradley Parker on behalf of Defendants
Donald H Rumsfeld, United States of America (Parker, Ryan) (Entered: 02/23/2010)
02/23/2010 109 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:
MOTION for Discovery regarding Plaintiff's Motion to Compel Production of
Documents 104 . The following error(s) was found: Hearing information is not timely. 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. (ad) (Entered: 02/23/2010)
03/01/2010 110 NOTICE OF MOTION AND Joint MOTION for Enlargement of Time to File
Supplemental Memoranda Regarding Plaintiff's Motion to Compel the Production
of Documents filed by Defendants Donald H Rumsfeld, United States of America.
Motion set for hearing on 3/15/2010 at 10:00 AM before Magistrate Judge Charles F.
Eick. (Attachments: # 1 Proposed Order)(Parker, Ryan) (Entered: 03/01/2010)
03/01/2010 111 ORDER by Magistrate Judge Charles F. Eick. The parties shall have until Thursday,
3/4/10 to file their supplemental memoranda regarding Plaintiff's motion to compel the
production of documents. (sp) (Entered: 03/02/2010)
03/02/2010 112 STIPULATION for Protective Order filed by Plaintiff Log Cabin Republicans.
(Attachments: # 1 Exhibit A, # 2 Proposed Order)(Hunnius, Patrick) (Entered:
03/02/2010)
03/02/2010 113 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint
MOTION for Enlargement of Time to File Supplemental Memoranda Regarding
Plaintiff's Motion to Compel the Production of Documents 110 . The following error(s)
was found: Incorrect document is attached to the docket entry. Incorrect event selected.
The correct event is: STIPULATIONS/Extend Time to File. 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. (am)
(Entered: 03/02/2010)
03/04/2010 114 MINUTES OF IN CHAMBERS ORDER RE: STAY OF PROCEEDINGS held
before Judge Virginia A. Phillips: The Court having considered the arguments of both
sides presented at the Status Conference convened on February 18, 2010 regarding a
stay of theproceedings in this case, or an extension of the trial date or discovery cut-off
date, hereby declines to issue either a stay or any extension. Trial remains set to
commence June 14, 2010 at 8:30 a.m. (am) (Entered: 03/04/2010)
03/04/2010 115 MEMORANDUM in Support of MOTION for Discovery regarding Plaintiff's Motion
to Compel Production of Documents 104 Plaintiff's Supplemental Memorandum of
Law in Support of Motion to Compel Production of Documents filed by Plaintiff Log
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Cabin Republicans. (Hunnius, Patrick) (Entered: 03/04/2010)
03/04/2010 116 MEMORANDUM in Opposition to MOTION for Discovery regarding Plaintiff's
Motion to Compel Production of Documents 104 filed by Defendants Donald H
Rumsfeld, United States of America. (Attachments: # 1 Declaration of Mr. Bill Carr)
(Parker, Ryan) (Entered: 03/04/2010)
03/05/2010 117 ORDER Re Privacy Act Confidentiality by Magistrate Judge Charles F. Eick. (sp)
(Entered: 03/05/2010)
03/05/2010 118 EX PARTE APPLICATION for Order for Compelling Defendants to Comply with
Plaintiff's F.R.C.P. Notice of Deposition of USA and Gates filed by Plaintiff Log Cabin
Republicans. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4
Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Hunnius, Patrick) (Entered:
03/05/2010)
03/08/2010 119 EX PARTE APPLICATION for Order for That Certain Requests For Admissions Be
Deemed Admitted Or For Further Responses filed by Plaintiff Log Cabin Republicans.
(Attachments: # 1 Appendix A, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit
D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Proposed Order)
(Hunnius, Patrick) (Entered: 03/08/2010)
03/08/2010 120 Opposition Opposition re: EX PARTE APPLICATION for Order for Compelling
Defendants to Comply with Plaintiff's F.R.C.P. Notice of Deposition of USA and Gates
118 filed by Defendants Donald H Rumsfeld, United States of America. (Freeborne,
Paul) (Entered: 03/08/2010)
03/10/2010 121 OPPOSITION re: EX PARTE APPLICATION for Order for That Certain Requests
For Admissions Be Deemed Admitted Or For Further Responses 119 filed by
Defendants Donald H Rumsfeld, United States of America. (Parker, Ryan) (Entered:
03/10/2010)
03/10/2010 122 Joint STIPULATION for Leave to Take Depositions Outside of the Discovery Period
filed by Defendants Donald H Rumsfeld, United States of America. (Attachments: # 1
Proposed Order)(Parker, Ryan) (Entered: 03/10/2010)
03/11/2010 226 ORDER PERMITTING PARTIES TO TAKE DEPOSITIONS OUTSIDE THE
DISCOVERY PERIOD by Judge Virginia A. Phillips: Defendants are hereby approved
to depose Plaintiff s experts Alan Okros, Melissa Sheridan Embser-Herbert, and
Lawrence Korb outside of the discovery period. All depositions must be complete by
April 5, 2010. (am) (Entered: 08/10/2010)
03/12/2010 123 Proof of Service of Ex Parte Application for an Order That Certain Requests for
Admissions be Deemed Admitted or for Further Responses filed by Plaintiff Log Cabin
Republicans (Hunnius, Patrick) (Entered: 03/12/2010)
03/12/2010 124 Proof of Service of LCR's Ex Parte Application for Order Compelling Defendants to
Comply with LCR's Notice of Deposition of USA and Gates filed by Plaintiff Log Cabin
Republicans (Hunnius, Patrick) (Entered: 03/12/2010)
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03/15/2010 125 MINUTES OF 1) PLAINTIFFS MOTION TO COMPEL PRODUCTION OF
DOCUMENTS (2) HEARING ON PLAINTIFFS EX PARTE APPLICATION FOR
ORDER COMPELLING DEFENDANTS TO COMPLY WITH LOG CABIN
REPUBLICANS NOTICE OF DEPOSITION OF USA AND ROBERT M. GATES
(3) HEARING ON PLAINTIFFS EX PARTE APPLICATION FOR AN ORDER
THAT CERTAIN REQUESTS FOR ADMISSIONS BE DEEMED ADMITTED OR
FOR FURTHER RESPONSESDiscovery Hearing held before Magistrate Judge
Charles F. Eick. Case called. Counsel make their appearances. The court hears
argument. Matters are taken under submission. Court Recorder: Courtsmart. (sp)
(Entered: 03/15/2010)
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Admissions nos. 3,4,5, and 81-105, the RFA Application is denied without prejudice.
Except as expressly stated, the RFA Application is denied. Requests for Admissions
Nos. 10,13,14,15, and 106-119 employ objectionably vague and ambiguous terms.
(See document for further information.) Any party seeking review of this Order shall
cause the preparation and filing of a transcript of the 3/15/10 hearing. (sp) (Entered:
03/16/2010)
03/18/2010 128 NOTICE of Manual Filing filed by Defendants Donald H Rumsfeld, United States of
America of Deposition Transcripts. (Parker, Ryan) (Entered: 03/18/2010)
03/18/2010 129 NOTICE OF LODGING filed Notice of Lodging of Deposition Transcripts re
Notice of Manual Filing (G-92) 128 (Parker, Ryan) (Entered: 03/18/2010)
03/19/2010 130 TRANSCRIPT for proceedings held on 3/15/10 9:54 a.m.. Court Reporter/Electronic
Court Recorder: Exceptional Reporting Services, phone number 361-949-2988.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter/Electronic Court Recorder before the deadline for Release of Transcript
Restriction. After that date it may be obtained through PACER. Notice of Intent to
Redact due within 7 days of this date. Redaction Request due 4/9/2010. Redacted
Transcript Deadline set for 4/19/2010. Release of Transcript Restriction set for
6/17/2010. (bem) (Entered: 03/19/2010)
03/19/2010 131 NOTICE OF FILING TRANSCRIPT filed for proceedings 3/15/10 9:54 a.m. (bem)
(Entered: 03/19/2010)
03/23/2010 132 TRANSCRIPT for proceedings held on Thursday, 2/18/2010; 9:07 AM. Court
Reporter Theresa Lanza, phone number www.theresalanza.com. Transcript may be
viewed at the court public terminal or purchased through the Court Reporter before the
deadline for Release of Transcript Restriction. After that date it may be obtained through
PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request
due 4/13/2010. Redacted Transcript Deadline set for 4/23/2010. Release of Transcript
Restriction set for 6/21/2010. (Lanza, Theresa) (Entered: 03/23/2010)
03/23/2010 133 NOTICE OF FILING TRANSCRIPT filed for proceedings 2/18/2010; 9:07 AM
(Lanza, Theresa) (Entered: 03/23/2010)
03/26/2010 134 STIPULATION for Extension of Time to Amend filed by Defendants Donald H
Rumsfeld, United States of America. (Attachments: # 1 Proposed Order)(Freeborne,
Paul) (Entered: 03/26/2010)
03/26/2010 135 NOTICE OF MOTION AND MOTION for Review of Magistrate Judge's March 16,
2010 Discovery Ruling filed by Defendants Donald H Rumsfeld, United States of
America. (Attachments: # 1 Memorandum, # 2 Proposed Order, # 3 Exhibit, # 4
Exhibit)(Freeborne, Paul) (Entered: 03/26/2010)
03/29/2010 136 NOTICE OF MOTION AND MOTION for Summary Judgment as to Plaintiff's First
Amended Complaint filed by Defendants Donald H Rumsfeld, United States of
America. Motion set for hearing on 4/26/2010 at 02:00 PM before Judge Virginia A.
Phillips. (Attachments: # 1 Memorandum, # 2 Statement of Uncontroverted Fact and
Conclusions of Law, # 3 Appendix, # 4 Proposed Order)(Freeborne, Paul) (Entered:
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03/29/2010)
03/30/2010 137 MEMORANDUM in Opposition to MOTION for Review of Magistrate Judge's
March 16, 2010 Discovery Ruling 135 filed by Plaintiff Log Cabin Republicans.
(Woods, Daniel) (Entered: 03/30/2010)
04/01/2010 138 NOTICE of Appearance filed by attorney Joshua Edward Gardner on behalf of
Defendants Donald H Rumsfeld, United States of America (Gardner, Joshua) (Entered:
04/01/2010)
04/01/2010 139 REPLY in support of MOTION for Review of Magistrate Judge's March 16, 2010
Discovery Ruling 135 filed by Defendants Donald H Rumsfeld, United States of
America. (Parker, Ryan) (Entered: 04/01/2010)
04/05/2010 140 MEMORANDUM in Opposition to MOTION for Summary Judgment as to Plaintiff's
First Amended Complaint 136 filed by Plaintiff Log Cabin Republicans. (Woods,
Daniel) (Entered: 04/05/2010)
04/05/2010 141 STATEMENT of Genuine Issues in Support of Opposition to MOTION for Summary
Judgment as to Plaintiff's First Amended Complaint 136 filed by Plaintiff Log Cabin
Republicans. (Woods, Daniel) (Entered: 04/05/2010)
04/05/2010 142 DECLARATION of Dan Woods In Support of Opposition to MOTION for Summary
Judgment as to Plaintiff's First Amended Complaint 136 filed by Plaintiff Log Cabin
Republicans. (Woods, Daniel) (Entered: 04/05/2010)
04/05/2010 143 DECLARATION of Philip Bradley in support of opposition to MOTION for Summary
Judgment as to Plaintiff's First Amended Complaint 136 filed by Plaintiff Log Cabin
Republicans. (Woods, Daniel) (Entered: 04/05/2010)
04/05/2010 144 DECLARATION of Craig Engle in support of opposition to MOTION for Summary
Judgment as to Plaintiff's First Amended Complaint 136 filed by Plaintiff Log Cabin
Republicans. (Woods, Daniel) (Entered: 04/05/2010)
04/05/2010 145 DECLARATION of Aaron Belkin in Support of Opposition to MOTION for Summary
Judgment as to Plaintiff's First Amended Complaint 136 filed by Plaintiff Log Cabin
Republicans. (Woods, Daniel) (Entered: 04/05/2010)
04/05/2010 146 DECLARATION of Jamie Ensley in Support of Opposition to MOTION for Summary
Judgment as to Plaintiff's First Amended Complaint 136 filed by Plaintiff Log Cabin
Republicans. (Woods, Daniel) (Entered: 04/05/2010)
04/05/2010 147 DECLARATION of Terry Hamilton in Support of Opposition to MOTION for
Summary Judgment as to Plaintiff's First Amended Complaint 136 filed by Plaintiff Log
Cabin Republicans. (Woods, Daniel) (Entered: 04/05/2010)
04/05/2010 148 DECLARATION of Nathaniel Frank in Support of Opposition to MOTION for
Summary Judgment as to Plaintiff's First Amended Complaint 136 filed by Plaintiff Log
Cabin Republicans. (Woods, Daniel) (Entered: 04/05/2010)
04/05/2010 149 DECLARATION of Lawrence Korb in Support of Opposition to MOTION for
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Summary Judgment as to Plaintiff's First Amended Complaint 136 filed by Plaintiff Log
Cabin Republicans. (Woods, Daniel) (Entered: 04/05/2010)
04/05/2010 150 DECLARATION of Robert MacCoun in Support of Opposition to MOTION for
Summary Judgment as to Plaintiff's First Amended Complaint 136 filed by Plaintiff Log
Cabin Republicans. (Woods, Daniel) (Entered: 04/05/2010)
04/12/2010 160 EXHIBIT to MOTION for Summary Judgment as to Plaintiff's First Amended
Complaint 136 Appendix In Support of Reply in Support of Defendants' Motion for
Summary Judgment filed by Defendants Donald H Rumsfeld, United States of
America. (Attachments: # 1 Exhibit Exhibit 8, # 2 Exhibit Exhibit 9, # 3 Exhibit Exhibit
10, # 4 Exhibit Exhibit 11)(Parker, Ryan) (Entered: 04/12/2010)
04/22/2010 161 SUPPLEMENT to MOTION for Summary Judgment as to Plaintiff's First Amended
Complaint 136 Supplemental Memorandum of Points and Authorities in Opposition
to Motion for Summary Judgment filed by Plaintiff Log Cabin Republicans. (Woods,
Daniel) (Entered: 04/22/2010)
04/23/2010 162 RESPONSE IN SUPPORT of MOTION for Summary Judgment as to Plaintiff's First
Amended Complaint 136 filed by Defendants Donald H Rumsfeld, United States of
America. (Attachments: # 1 Exhibit)(Parker, Ryan) (Entered: 04/23/2010)
04/26/2010 163 DECLARATION of C. Martin Meekins Opposition MOTION for Summary Judgment
as to Plaintiff's First Amended Complaint 136 filed by Plaintiff Log Cabin Republicans.
(Hunnius, Patrick) (Entered: 04/26/2010)
04/26/2010 164 Opposition Opposition re: MOTION for Summary Judgment as to Plaintiff's First
Amended Complaint 136 Plaintiff's Response to Defendants' Evidentiary Objections
filed by Plaintiff Log Cabin Republicans. (Hunnius, Patrick) (Entered: 04/26/2010)
04/26/2010 165 MINUTES OF DEFENDANTS MOTION FOR SUMMARY JUDGMENT 136 held
before Judge Virginia A. Phillips: Court issues a tentative ruling, hears oral argument.The
Court will allow both sides to file a supplemental brief, not to exceed 10 pages in length
on or before May 3, 2010. The Court takes the matter under submission.Court
Reporter: Phyllis Preston. (am) (Entered: 04/27/2010)
05/03/2010 166 SUPPLEMENT to MOTION for Summary Judgment as to Plaintiff's First Amended
Complaint 136 filed by Defendants Donald H Rumsfeld, United States of America.
(Attachments: # 1 Exhibit Plaintiff's Initial Disclosures)(Parker, Ryan) (Entered:
05/03/2010)
05/03/2010 167 SUPPLEMENT to MOTION for Summary Judgment as to Plaintiff's First Amended
Complaint 136 Plaintiff's Second Supplemental (Post-Hearing) Memorandum of
Points and Authorities in Opposition to Motion for Summary Judgment filed by
Plaintiff Log Cabin Republicans. (Woods, Daniel) (Entered: 05/03/2010)
05/11/2010 168 Joint STIPULATION to Continue Pre-Trial Conference from June 7, 2010 to
Indefinitely filed by Plaintiff Log Cabin Republicans.(Hunnius, Patrick) (Entered:
05/11/2010)
05/13/2010 169 NOTICE OF LODGING filed re Stipulation to Continue 168 (Attachments: # 1
Proposed Order Plaintiff's, # 2 Proposed Order Defendants')(Hunnius, Patrick)
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(Entered: 05/13/2010)
05/27/2010 170 ORDER by Judge Virginia A. Phillips: denying in part defendants' 136 Motion for
Summary Judgment to the extent it is based on a lack of standing. The Court grants the
parties leave to file supplemental briefs for the sole purpose of discussing application of
the Witt standard to Plaintiff's substantive due process claim. Defendant may file its
supplemental memorandum of points and authorities, along with any further supporting
evidence, no later than June 9, 2010. Plaintiff may file its response no later than June 23,
2010. Neither side's supplemental memoranda shall exceed fifteen pages, exclusive of
tables of contents and authorities. (mrgo) (Entered: 05/28/2010)
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- no proceeding held, Set Deadlines/Hearings,,,, 171 (Attachments: # 1 Plaintiff's
[Proposed] Findings of Fact and Conclusions of Law)(Woods, Daniel) (Entered:
06/21/2010)
06/21/2010 190 MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Log
Cabin Republicans. (Woods, Daniel) (Entered: 06/21/2010)
06/21/2010 191 Exhibit List filed by Defendants Donald H Rumsfeld, United States of America..
(Freeborne, Paul) (Entered: 06/21/2010)
06/21/2010 192 Revised Exhibit List filed by Plaintiff Log Cabin Republicans.. (Woods, Daniel)
(Entered: 06/21/2010)
06/21/2010 193 NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Log Cabin
Republicans, Defendants Donald H Rumsfeld, United States of America. (Attachments:
# 1 [Proposed] Final Pretrial Conference Order)(Woods, Daniel) (Entered:
06/21/2010)
06/21/2010 196 NOTICE of Manual Filing filed by Defendant United States of America (am) (Entered:
06/22/2010)
06/21/2010 197 NOTICE OF LODGING Certain of Plaintiffs Proposed Exhibits filed by defendant
United States of America (am) (Entered: 06/22/2010)
06/21/2010 200 NOTICE of Manual Filing filed by Defendants United States of America and Robert
Gates, of Documents from Plaintiff's List of Proposed Exhibits: (see document for
details). (mg) (Entered: 06/23/2010)
06/22/2010 194 Opposition Plaintiff's Opposition re: MOTION IN LIMINE to Exclude Certain of
Plaintiff's Proposed Exhibits 179 filed by Plaintiff Log Cabin Republicans. (Attachments:
# 1 Declaration of Dan Woods and Exhs A and B)(Woods, Daniel) (Entered:
06/22/2010)
06/22/2010 195 Opposition re: MOTION IN LIMINE to Exclude Lay Witness Testimony 180 filed by
Plaintiff Log Cabin Republicans. (Attachments: # 1 Declaration of Melanie Scott and
Exh A)(Woods, Daniel) (Entered: 06/22/2010)
06/22/2010 198 Opposition re: MOTION IN LIMINE to Exclude expert testimony 178 filed by Plaintiff
Log Cabin Republicans. (Attachments: # 1 Declaration of Rachel Feldman, # 2
Declaration of Patrick Hagan and Exhs A & B)(Aenlle-Rocha, Fernando) (Entered:
06/22/2010)
06/22/2010 199 NOTICE of Change of Attorney Information for attorney Daniel J Woods counsel for
Plaintiff Log Cabin Republicans. Adding Fernando L. Aenlle-Rocha as attorney as
counsel of record for Plaintiff Log Cabin Republicans for the reason indicated in the G-
06 Notice. Filed by Plaintiff Log Cabin Republicans (Woods, Daniel) (Entered:
06/22/2010)
06/23/2010 201 NOTICE of Change of Attorney Information for attorney Daniel J Woods counsel for
Plaintiff Log Cabin Republicans.Patrick Hunnius is no longer attorney of record for the
aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by
Plaintiff Log Cabin Republicans (Woods, Daniel) (Entered: 06/23/2010)
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06/23/2010 202 SUPPLEMENT to MOTION for Summary Judgment as to Plaintiff's First Amended
Complaint 136 Regarding Application of Witt Standard of Review filed by Plaintiff
Log Cabin Republicans. (Attachments: # 1 Exhibit 1 to Supplemental Brief, # 2
Declaration of Michael D. Almy with Exh A, # 3 Declaration of Jenny L. Kopfstein, # 4
Declaration of Anthony Loverde with Exh A, # 5 Declaration of Joseph Christopher
Rocha with Exh A, # 6 Declaration of Stephen Vossler)(Woods, Daniel) (Entered:
06/23/2010)
06/24/2010 203 REPLY in support MOTION IN LIMINE to Exclude expert testimony 178 filed by
Defendants Donald H Rumsfeld, United States of America. (Gardner, Joshua) (Entered:
06/24/2010)
06/24/2010 204 REPLY in Support MOTION IN LIMINE to Exclude Lay Witness Testimony 180
filed by Defendants Donald H Rumsfeld, United States of America. (Simpson, W)
(Entered: 06/24/2010)
06/24/2010 205 REPLY in support of MOTION IN LIMINE to Exclude Certain of Plaintiff's Proposed
Exhibits 179 filed by Defendants Donald H Rumsfeld, United States of America.
(Attachments: # 1 Exhibit, # 2 Exhibit)(Parker, Ryan) (Entered: 06/24/2010)
06/28/2010 206 PROOF OF SERVICE filed by Plaintiff Log Cabin Republicans, of Trial Subpoena
for Robert Joseph MacCoun, served on June 18, 2010. (Woods, Daniel) (Entered:
06/28/2010)
06/28/2010 207 Index of Plaintiff's Deposition Designations and Defendants' Counter-Designations and
Objections Thereto filed by Plaintiff Log Cabin Republicans, Defendants Donald H
Rumsfeld, United States of America (Woods, Daniel) (Entered: 06/28/2010)
06/28/2010 208 MINUTES OF PRETRIAL CONFERENCE; DEFENDANTS MOTION IN
LIMINE TO EXCLUDE EXPERT TESTIMONY 178 ; TO EXCLUDE CERTAIN
OF PLAINTIFFS PROPOSED EXHIBITS 179 ; TO EXCLUDE LAY WITNESS
TESTIMONY 180 held before Judge Virginia A. Phillips: Court conducts the Pretrial
Conference which is placed on the record. Motions in limine are held and
submittedCourt Reporter: Therea Lanza. (am) (Entered: 07/01/2010)
06/30/2010 209 MINUTES OF IN CHAMBERS ORDER RE: REQUEST FOR REALTIME
REPORTING held before Judge Virginia A. Phillips: On its own motion, the Court
clarifyies its prior ruling at the hearing on June 28, 2010. At the hearing, Mr. Gardner
notified the Court he intended "to use TrialDirector, and... realtime." (June 28, 2010,
Hearing Tr. 59:5-6.) The Court replied, "[t]hat's fine." (Id. 59:10.) The Court's ruling
referred to the use of TrialDirector. Realtime transcripts of proceedings are, however,
not available to the parties. If the parties wish to receive daily transcripts of the hearing,
they maycontact Phyllis Preston, the Court reporter, to order daily transcripts of the
hearing. (am) (Entered: 07/01/2010)
07/01/2010 210 MINUTES (IN CHAMBERS): ORDER GRANTING IN PART AND DENYING
DEFENDANTS' MOTIONS IN LIMINE 178 179 180 by Judge Virginia A. Phillips:
Re Motion in Limine to Exclude Expert Testimony; Motion in Limine to Exclude
"Certain of Plaintiff's Exhibits"; and Motion in Limine to Exclude "Certain of Plaintiff's
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Exhibits". (am) (Entered: 07/02/2010)
07/06/2010 211 TRIAL BRIEF Regarding Legislative Privilege and Expert Testimony on
Legislative History filed by Plaintiff Log Cabin Republicans.. (Woods, Daniel)
(Entered: 07/06/2010)
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07/22/2010 215 MINUTES OF IN CHAMBERS ORDER RULING ON ADMISSION OF
CERTAIN EXHIBITS AND OBJECTIONS TO DEPOSITION TESTIMONY OF
WITNESSES OFFERED IN LIEU OF LIVETESTIMONY held before Judge
Virginia A. Phillips: (See document for further information) (am) (Entered: 07/22/2010)
07/22/2010 222 MINUTES OF Court Trial (7th day )held before Judge Virginia A. Phillips: Witnesses
called, sworn and testified. Exhibits identified and admitted. Plaintiff and defendant rest.
Bench Trial continued for 7/23/2010 at 08:30 AM before Judge Virginia A. Phillips.
Court Reporter: Sharon Seffens, Theresa Lanza. (am) (Entered: 07/26/2010)
07/23/2010 223 MINUTES OF Court Trial (8th Day) held and completed before Judge Virginia A.
Phillips: Closing arguments made. Filed Witness & Exhibit Lists. The Court finds: Case
submitted. Clerk reviewed admitted exhibits with counsel to be submitted to the
Jury/Court for deliberation/findings. Counsel stipulate to the return of exhibits upon the
conclusion of trial. Exhibit Release Form prepared and filed. The parties have not later
than July 30, 2010, to submit briefs on whether the declaration of John Doe shall be
admitted in evidence or not. The briefing shall be limited to 5 pages. MATTER
STANDS SUBMITTED.Court Reporter: Sharon Seffens, Theresa Lanza. (am)
(Entered: 07/26/2010)
07/23/2010 229 RECEIPT FOR RELEASE OF EXHIBITS to Counsel Upon Verdict/Judgment at
Trial; Pursuant to stip of counsel and/or by Order of the Court, all exhibits listed on joint
exhibits list are returned to counsel for respective party(ies). (mrgo) (Entered:
08/17/2010)
07/23/2010 230 JOINT Exhibit List filed by Log Cabin Republicans, Donald H Rumsfeld, United States
of America. (mrgo) (Entered: 08/17/2010)
07/23/2010 231 Witness List filed by plaintiff Log Cabin Republicans.. (mrgo) (Entered: 08/17/2010)
07/30/2010 224 TRIAL BRIEF on the Admissibility of Exh. 38, Lt. Col. John Doe's Declaration
filed by Plaintiff Log Cabin Republicans.. (Woods, Daniel) (Entered: 07/30/2010)
07/30/2010 225 TRIAL BRIEF on the Admissibility of the Doe Declaration filed by Defendants
Donald H Rumsfeld, United States of America.. (Parker, Ryan) (Entered: 07/30/2010)
08/12/2010 227 TRANSCRIPT for proceedings held on Monday, June 28, 2010; 3:27 PM. Court
Reporter: Theresa Lanza, phone number www.theresalanza.com. Transcript may be
viewed at the court public terminal or purchased through the Court Reporter before the
deadline for Release of Transcript Restriction. After that date it may be obtained through
PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request
due 9/2/2010. Redacted Transcript Deadline set for 9/12/2010. Release of Transcript
Restriction set for 11/10/2010. (Lanza, Theresa) (Entered: 08/12/2010)
08/12/2010 228 NOTICE OF FILING TRANSCRIPT filed for proceedings 06/28/2010; 3:27 PM
(Lanza, Theresa) (Entered: 08/12/2010)
09/09/2010 232 MEMORANDUM OPINION by Judge Virginia A. Phillips: The Court finds Plaintiff
Log Cabin Republicans (sometimes referred to in this Order as "Log Cabin," "LCR," or
"Plaintiff"), a non-profit corporation, has established standing to bring and maintain this
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suit on behalf of its members. Additionally, Log Cabin Republicans has demonstrated
the Don't Ask, Don't Tell Act, on its face, violates the constitutional rights of its
members. Plaintiff is entitled to the relief sought in its First Amended Complaint: a
judicial declaration to that effect and a permanent injunction barring further enforcement
of the Act. (see document image for further details) Plaintiff shall submit a Proposed
Judgment, including a Permanent Injunction, consistent with the terms of this
Memorandum Opinion, no later than 9/16/2010. IT IS SO ORDERED. (ad) (Entered:
09/09/2010)
09/16/2010 233 REQUEST for Judgment and Permanent Injunction filed by Plaintiff Log Cabin
Republicans. (Miller, Earle) (Entered: 09/16/2010)
09/17/2010 234 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE:
REQUEST for Judgment and Permanent Injunction 233 . The following error(s) was
found: Proposed Document was not submitted as a separate attachment. 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. (am) (Entered: 09/17/2010)
09/23/2010 235 OBJECTIONS to REQUEST for Judgment and Permanent Injunction 233 filed by
Defendants Donald H Rumsfeld, United States of America. (Attachments: # 1 Exhibit)
(Parker, Ryan) (Entered: 09/23/2010)
09/24/2010 236 Response of Plaintiff LCR to Defendants' Objections to Proposed Judgment and
Permanent Injunction re: REQUEST for Judgment and Permanent Injunction 233 filed
by Plaintiff Log Cabin Republicans. (Attachments: # 1 Exhibit Attachment A)(Miller,
Earle) (Entered: 09/24/2010)
09/28/2010 237 RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN
ELECTRONICALLY FILED DOCUMENTS. ORDER by Clerk of Court: The
document is stricken and counsel is ordered to file an amended or corrected document
within 24 hours of issuance of this notice; Moving party to file a Notice of Lodging, the
proposed judgment is to be uploaded as an attachment; the "Proposed Judgment" is to
be sent to the Chamber's e-mail box for Court's review and consideration. RE:
Proposed Judgment 233 . (ad) (Entered: 09/28/2010)
09/28/2010 238 NOTICE OF LODGING filed by Plaintiff Log Cabin Republicans attaching
(Proposed) Amended Judgment and Permanent Injunction re Memorandum &
Opinion,,, 232 (Attachments: # 1 (Proposed) Amended Judgment and Permanent
Injunction)(Woods, Daniel) (Entered: 09/28/2010)
09/29/2010 239 SUPPLEMENT to Objections - non-motion 235 filed by Defendants Donald H
Rumsfeld, United States of America. (Attachments: # 1 Exhibit)(Parker, Ryan) (Entered:
09/29/2010)
09/29/2010 240 TRANSCRIPT for proceedings held on Tuesday, 07/13/10; 1:33 PM (Vol. III). Court
Reporter Theresa Lanza, phone number www.theresalanza.com. Transcript may be
viewed at the court public terminal or purchased through the Court Reporter before the
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deadline for Release of Transcript Restriction. After that date it may be obtained through
PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request
due 10/20/2010. Redacted Transcript Deadline set for 10/30/2010. Release of
Transcript Restriction set for 12/28/2010. (Lanza, Theresa) (Entered: 09/29/2010)
09/29/2010 241 TRANSCRIPT for proceedings held on Wednesday, 7/14/10; 10:48 AM (Trial Day 2,
Vol. II). Court Reporter: Theresa Lanza, phone number www.theresalanza.com.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter before the deadline for Release of Transcript Restriction. After that date it may
be obtained through PACER. Notice of Intent to Redact due within 7 days of this date.
Redaction Request due 10/20/2010. Redacted Transcript Deadline set for 10/30/2010.
Release of Transcript Restriction set for 12/28/2010. (Lanza, Theresa) (Entered:
09/29/2010)
09/29/2010 242 TRANSCRIPT for proceedings held on Thursday, 7/15/10; 11:03 AM (Trial Day 3,
Vol. II). Court Reporter Theresa Lanza, phone number www.theresalanza.com.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter before the deadline for Release of Transcript Restriction. After that date it may
be obtained through PACER. Notice of Intent to Redact due within 7 days of this date.
Redaction Request due 10/20/2010. Redacted Transcript Deadline set for 10/30/2010.
Release of Transcript Restriction set for 12/28/2010. (Lanza, Theresa) (Entered:
09/29/2010)
09/29/2010 243 TRANSCRIPT for proceedings held on Tuesday, 07/20/10; 1:24 PM (Trial Day 5,
Vol. II). Court Reporter: Theresa Lanza, phone number www.theresalanza.com.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter before the deadline for Release of Transcript Restriction. After that date it may
be obtained through PACER. Notice of Intent to Redact due within 7 days of this date.
Redaction Request due 10/20/2010. Redacted Transcript Deadline set for 10/30/2010.
Release of Transcript Restriction set for 12/28/2010. (Lanza, Theresa) (Entered:
09/29/2010)
09/29/2010 244 TRANSCRIPT for proceedings held on Wednesday, 07/21/10; 1:20 PM (Trial Day 6,
Vol. II). Court Reporter: Theresa Lanza, phone number www.theresalanza.com.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter before the deadline for Release of Transcript Restriction. After that date it may
be obtained through PACER. Notice of Intent to Redact due within 7 days of this date.
Redaction Request due 10/20/2010. Redacted Transcript Deadline set for 10/30/2010.
Release of Transcript Restriction set for 12/28/2010. (Lanza, Theresa) (Entered:
09/29/2010)
09/29/2010 245 TRANSCRIPT for proceedings held on Thursday, 07/22/10; 1:42 PM (Trial Day 7,
Vol. II). Court Reporter: Theresa Lanza, phone number www.theresalanza.com.
Transcript may be viewed at the court public terminal or purchased through the Court
Reporter before the deadline for Release of Transcript Restriction. After that date it may
be obtained through PACER. Notice of Intent to Redact due within 7 days of this date.
Redaction Request due 10/20/2010. Redacted Transcript Deadline set for 10/30/2010.
Release of Transcript Restriction set for 12/28/2010. (Lanza, Theresa) (Entered:
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09/29/2010)
09/29/2010 246 TRANSCRIPT for proceedings held on Friday, 07/23/10; 10:26 AM (Trial Day 8, Vol.
II). Court Reporter: Theresa Lanza, phone number www.theresalanza.com. Transcript
may be viewed at the court public terminal or purchased through the Court Reporter
before the deadline for Release of Transcript Restriction. After that date it may be
obtained through PACER. Notice of Intent to Redact due within 7 days of this date.
Redaction Request due 10/20/2010. Redacted Transcript Deadline set for 10/30/2010.
Release of Transcript Restriction set for 12/28/2010. (Lanza, Theresa) (Entered:
09/29/2010)
09/29/2010 247 NOTICE OF FILING TRANSCRIPT filed for proceedings July 13, 14, 15, 20, 21,
22, and 23, 2010 (partial trial days) (Lanza, Theresa) (Entered: 09/29/2010)
10/12/2010 248 FINAL PRETRIAL CONFERENCE ORDER (Nunc Pro Tunc as of 7/10/10)
approved by Judge Virginia A. Phillips (am) (Entered: 10/12/2010)
10/12/2010 249 MINUTES (IN CHAMBERS): ORDER GRANTING PERMANENT INJUNCTION
by Judge Virginia A. Phillips: For the foregoing reasons, the Court: (1) DECLARES that
the act known as "Don't Ask, Don't Tell"2 infringes the fundamental rights of United
States servicemembers and prospective servicemembers and violates (a) the substantive
due process rights guaranteed under the Fifth Amendment to the United States
Constitution, and (b) the rights to freedom of speech and to petition the Government for
redress of grievances guaranteed by the First Amendment to the United States
Constitution; (3) ORDERS Defendants United States of America and the Secretary of
Defense immediately to suspend and discontinue any investigation, or discharge,
separation, or other proceeding, that may have been commenced under the "Don't Ask,
Don't Tell" Act, or pursuant to 10 U.S.C. § 654 or its implementing regulations, on or
prior to the date of this Order; (4) GRANTS Plaintiff Log Cabin Republicans' request to
apply for attorneys' fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412; and (5) GRANTS Plaintiff Log Cabin Republicans' request to file a motion for
costs of suit, to the extent allowed by law. 233 (am) Modified on 10/12/2010 (la).
(Entered: 10/12/2010)
10/12/2010 250 AMENDED & FINAL MEMORANDUM AND OPINION by Judge Virginia A.
Phillips: Throughout the consideration and resolution of this controversy, the Court has
kept well in mind the overriding principle that "judicial deference to such congressional
exercise of authority is at its apogee when legislative action under the congressional
authority to raise and support armies and make rules and regulations for their
governance is challenged." Rostker, 453 U.S. at 70. Nevertheless, as the Supreme
Court held in Rostker, "deference does not mean abdication." Id. at 67, 70. Plaintiff has
demonstrated it is entitled to the relief sought on behalf of its members, a judicial
declaration that the Don't Ask, Don't Tell Act violates the Fifth and First Amendments,
and a permanent injunction barring its enforcement. (am) (Entered: 10/12/2010)
10/12/2010 251 FINDINGS OF FACT AND CONCLUSIONS OF LAW AFTER COURT TRIAL
[Fed. R. Civ. P. 52] signed by Judge Virginia A. Phillips: For these reasons, Plaintiff is
also entitled to judgment on its claim for violation of the First Amendment's guarantees of
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freedom of speech and petition. (am) (Entered: 10/12/2010)
10/12/2010 252 JUDGMENT AND PERMANENT INJUNCTION filed by Judge Virginia A. Phillips
(MD JS-6. Case Terminated) (am) (Entered: 10/12/2010)
10/14/2010 253 Emergency APPLICATION to Stay pending Appeal Court's October 12, 2010
Judgment and Permanent Injunction filed by Defendants Donald H Rumsfeld, United
States of America. (Attachments: # 1 Memorandum, # 2 Declaration, # 3 Declaration, #
4 Proposed Order)(Parker, Ryan) (Entered: 10/14/2010)
10/14/2010 254 NOTICE OF APPEAL to the 9th CCA filed by defendants Donald H Rumsfeld, United
States of America. Appeal of Judgment, Permanent Injunction 252 , Memorandum &
Opinion,,, 232 , Memorandum & Opinion,,, 250 , Order 212 , Order, 226 , Order on
Motion for Summary Judgment,, 170 , Findings of Fact & Conclusions of Law, 251
(Appeal fee FEE WAIVED.) (Attachments: # 1 Exhibit)(Gardner, Joshua) (Entered:
10/14/2010)
10/14/2010 255 Civil Appeals Docketing Statement received from forwarded to 9th CCA. RE: Notice
of Appeal to 9th Circuit Court of Appeals, 254 (Gardner, Joshua) (Entered:
10/14/2010)
10/14/2010 256 REPRESENTATION STATEMENT re Notice of Appeal to 9th Circuit Court of
Appeals, 254 . (Gardner, Joshua) (Entered: 10/14/2010)
10/15/2010 257 OPPOSITION to Emergency APPLICATION to Stay pending Appeal Court's
October 12, 2010 Judgment and Permanent Injunction 253 filed by Plaintiff Log
Cabin Republicans. (Attachments: # 1 Exhibit Attachment 1, # 2 Exhibit Attachment 2)
(Woods, Daniel) (Entered: 10/15/2010)
10/15/2010 258 NOTIFICATION by Circuit Court of Appellate Docket Number 10-56634 9th CCA
regarding Notice of Appeal to 9th Circuit Court of Appeals 254 as to Defendant
Donald H Rumsfeld and United States of America. (dmap) (Entered: 10/18/2010)
10/18/2010 259 MINUTES OF Motion Hearing held before Judge Virginia A. Phillips RE: Emergency
APPLICATION to Stay pending Appeal Court's October 12, 2010 Judgment and
Permanent Injunction 253 . The Court hears oral argument, and takes the matter
under submission. Court Reporter: Theresa Lanza. (mrgo) (Entered: 10/19/2010)
10/19/2010 260 MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANTS' EX PARTE
APPLICATION FOR ENTRY OF AN EMERGENCY STAY by Judge Virginia A.
Phillips re: 253 Application to Stay. Having considered the papers filed in support of,
and in opposition to, the Application, as well as the arguments advanced by counsel at
the hearing, the Court DENIES the Application for the following reasons as well as
those set forth on the record at the hearing. (See document for specifics) (mrgo)
(Entered: 10/19/2010)
10/20/2010 261 AMENDED MINUTES ORDER DENYING DEFENDANTS' EX PARTE
APPLICATION FOR ENTRY OF AN EMERGENCY STAY held before Judge
Virginia A. Phillips: None of the factors the Court weighs in considering whether to enter
a stay favors granting a stay here. Accordingly, the Court DENIES Defendants'
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Application for a Stay. 260 (am) (Entered: 10/20/2010)
10/20/2010 262 TRANSCRIPT for proceedings held on 7/6/09, 1:30 pm. Court Reporter: Phyllis
Preston, email: stenojag@aol.com. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER. Notice of
Intent to Redact due within 7 days of this date. Redaction Request due 11/10/2010.
Redacted Transcript Deadline set for 11/20/2010. Release of Transcript Restriction set
for 1/18/2011. (Preston, Phyllis) (Entered: 10/20/2010)
10/20/2010 263 TRANSCRIPT for proceedings held on 11/16/09, 1:30 p.m.. Court Reporter: Phyllis
Preston, email: stenojag@aol.com. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER. Notice of
Intent to Redact due within 7 days of this date. Redaction Request due 11/10/2010.
Redacted Transcript Deadline set for 11/20/2010. Release of Transcript Restriction set
for 1/18/2011. (Preston, Phyllis) (Entered: 10/20/2010)
10/20/2010 264 TRANSCRIPT for proceedings held on 12/9/09, 1:30 p.m.. Court Reporter: Phyllis
Preston, email: stenojag@aol.com. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER. Notice of
Intent to Redact due within 7 days of this date. Redaction Request due 11/10/2010.
Redacted Transcript Deadline set for 11/20/2010. Release of Transcript Restriction set
for 1/18/2011. (Preston, Phyllis) (Entered: 10/20/2010)
10/20/2010 265 TRANSCRIPT for proceedings held on 1/29/09, 1:30 p.m.. Court Reporter: Phyllis
Preston, email: stenojag@aol.com. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER. Notice of
Intent to Redact due within 7 days of this date. Redaction Request due 11/10/2010.
Redacted Transcript Deadline set for 11/20/2010. Release of Transcript Restriction set
for 1/18/2011. (Preston, Phyllis) (Entered: 10/20/2010)
10/20/2010 266 TRANSCRIPT for proceedings held on 3/9/09, 1:30 p.m.. Court Reporter: Phyllis
Preston, email: stenojag@aol.com. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER. Notice of
Intent to Redact due within 7 days of this date. Redaction Request due 11/10/2010.
Redacted Transcript Deadline set for 11/20/2010. Release of Transcript Restriction set
for 1/18/2011. (Preston, Phyllis) (Entered: 10/20/2010)
10/20/2010 267 TRANSCRIPT for proceedings held on 4/26/10, 1:30 p.m.. Court Reporter: Phyllis
Preston, email: stenojag@aol.com. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER. Notice of
Intent to Redact due within 7 days of this date. Redaction Request due 11/10/2010.
Redacted Transcript Deadline set for 11/20/2010. Release of Transcript Restriction set
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for 1/18/2011. (Preston, Phyllis) (Entered: 10/20/2010)
10/20/2010 268 TRANSCRIPT for proceedings held on 7/13/10, 8:30 a.m.. Court Reporter: Phyllis
Preston, email: stenojag@aol.com. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER. Notice of
Intent to Redact due within 7 days of this date. Redaction Request due 11/10/2010.
Redacted Transcript Deadline set for 11/20/2010. Release of Transcript Restriction set
for 1/18/2011. (Preston, Phyllis) (Entered: 10/20/2010)
10/20/2010 269 TRANSCRIPT for proceedings held on 7/14/10, 8:30 a.m.. Court Reporter: Phyllis
Preston, email: stenojag@aol.com. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER. Notice of
Intent to Redact due within 7 days of this date. Redaction Request due 11/10/2010.
Redacted Transcript Deadline set for 11/20/2010. Release of Transcript Restriction set
for 1/18/2011. (Preston, Phyllis) (Entered: 10/20/2010)
10/20/2010 270 TRANSCRIPT for proceedings held on 7/15/10, 8:30 a.m.. Court Reporter: Phyllis
Preston, email: stenojag@aol.com. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER. Notice of
Intent to Redact due within 7 days of this date. Redaction Request due 11/10/2010.
Redacted Transcript Deadline set for 11/20/2010. Release of Transcript Restriction set
for 1/18/2011. (Preston, Phyllis) (Entered: 10/20/2010)
10/20/2010 271 TRANSCRIPT for proceedings held on 7/16/10, 8:30 a.m.. Court Reporter: Phyllis
Preston, email: stenojag@aol.com. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER. Notice of
Intent to Redact due within 7 days of this date. Redaction Request due 11/10/2010.
Redacted Transcript Deadline set for 11/20/2010. Release of Transcript Restriction set
for 1/18/2011. (Preston, Phyllis) (Entered: 10/20/2010)
10/20/2010 272 TRANSCRIPT for proceedings held on 7/20/10, 8:30 a.m.. Court Reporter: Phyllis
Preston, email: stenojag@aol.com. Transcript may be viewed at the court public
terminal or purchased through the Court Reporter before the deadline for Release of
Transcript Restriction. After that date it may be obtained through PACER. Notice of
Intent to Redact due within 7 days of this date. Redaction Request due 11/10/2010.
Redacted Transcript Deadline set for 11/20/2010. Release of Transcript Restriction set
for 1/18/2011. (Preston, Phyllis) (Entered: 10/20/2010)
10/20/2010 273 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/6/09, 11/16/09,
1/29/09, 3/9/09, 4/26/10, 7/13/10, 7/14/10, 7/15/10, 7/16/10, 7/20/10 (Preston,
Phyllis) (Entered: 10/20/2010)
10/20/2010 274 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 254
filed by Donald H Rumsfeld, United States of America, CCA # 10-56634. This court
has received appellant's emergency motion to stay the district court's October 12, 2010
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order pending appeal. The order is stayed temporarily in order to provide this court with
an opportunity to consider fully the issues presented. Appellee may file an opposition to
the motion for a stay pending appeal by 10/25/10. To expedite consideration of the
motion, no reply shall be filed. Order received in this district on 10/20/10. (car)
(Entered: 10/21/2010)
10/27/2010 275 NOTICE Application to Clerk to Tax Costs filed by Plaintiff Log Cabin Republicans.
(Woods, Daniel) (Entered: 10/27/2010)
10/27/2010 276 Bill of Costs filed by Plaintiff Log Cabin Republicans re: Notice (Other) 275 (Woods,
Daniel) (Entered: 10/27/2010)
10/27/2010 280 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 254
filed by Donald H Rumsfeld, United States of America, CCA # 10-56634. The amicus
brief submitted by Servicemembers United on October 25, 2010 is filed. Order
received in this district on 11/01/2010. (lr) (Entered: 11/02/2010)
10/27/2010 281 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 254
filed by Donald H Rumsfeld, United States of America, CCA # 10-56634. The amicus
brief submitted by The Palm Center on October 25, 2010 is filed. Order received in this
district on 11/1/2010. (lr) (Entered: 11/02/2010)
10/27/2010 282 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 254
filed by Donald H Rumsfeld, United States of America, CCA # 10-56634. The amicus
brief submitted by Lambda Legal Defense and Education Fund, Inc., on October 25,
2010 is filed. Order received in this district on 11/01/2010. (lr) (Entered: 11/02/2010)
10/28/2010 277 APPLICATION to CORRECT Notice (Other) 275 filed by Plaintiff Log Cabin
Republicans. Application set for hearing on 11/12/2010 at 10:00 AM before Magistrate
Judge Virginia A. phillips. (Miller, Earle) (Entered: 10/28/2010)
10/28/2010 278 BILL OF COSTS DEFICIENCY NOTICE RE: Notice (Other) 275 , Miscellaneous
Document 276 . The following deficiency was noted on the Application to Tax Costs:
L.R. 54-3.2: Hearing should be noticed before the clerks designee and not the judge.
Counsel is to re-notice the corrected hearing information. Incorrect event selected. The
correct event is: APPLICATIONS/Clerk to Tax Costs. Bill of Cost was not submitted
as separate attachment. (am) (Entered: 10/29/2010)
10/28/2010 283 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 254
filed by Donald H Rumsfeld, United States of America, CCA # 10-56634. The amicus
brief submitted by Servicemembers Legal Defense Work on October 25, 2010 is filed.
Order received in this district on 11/01/2010. (lr) (Entered: 11/02/2010)
10/29/2010 279 Corrected APPLICATION to the Clerk to Tax Costs against Defendants All
Defendants filed by Plaintiff Log Cabin Republicans. Application set for hearing on
11/12/2010 at 10:00 AM before Clerk of Court. (Attachments: # 1 Bill of Costs CV-
59)(Miller, Earle) (Entered: 10/29/2010)
11/01/2010 284 ORDER from 9th CCA filed re: Notice of Appeal to 9th Circuit Court of Appeals, 254
filed by Donald H Rumsfeld, United States of America, CCA # 10-56634. Appellee's
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motion for leave to file an oversize response to appellant's motion for stay pending
appeal is GRANTED. Appellant's motion to stay the district court's October 12, 2010,
order pending appeal is GRANTED.1 The briefing schedule established previously shall
remain in effect. Order received in this district on 11/1/2010. (lr) (Entered: 11/02/2010)
11/04/2010 285 OBJECTIONS to Corrected APPLICATION to the Clerk to Tax Costs against
Defendants All Defendants 279 filed by Defendants Donald H Rumsfeld, United States
of America. (Parker, Ryan) (Entered: 11/04/2010)
11/08/2010 286 TRANSCRIPT for proceedings held on Monday, 10/18/2010; 2:39 PM. Court
Reporter: Theresa Lanza, phone number www.theresalanza.com. Transcript may be
viewed at the court public terminal or purchased through the Court Reporter before the
deadline for Release of Transcript Restriction. After that date it may be obtained through
PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request
due 11/29/2010. Redacted Transcript Deadline set for 12/9/2010. Release of
Transcript Restriction set for 2/6/2011. (Lanza, Theresa) (Entered: 11/08/2010)
11/08/2010 287 NOTICE OF FILING TRANSCRIPT filed for proceedings Monday, 10/18/2010;
2:39 PM (Lanza, Theresa) (Entered: 11/08/2010)
11/09/2010 288 RESPONSE IN SUPPORT of Corrected APPLICATION to the Clerk to Tax Costs
against Defendants All Defendants 279 filed by Plaintiff Log Cabin Republicans. (Miller,
Earle) (Entered: 11/09/2010)
11/18/2010 289 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Log Cabin Republicans.
Appeal of Order on Motion to Dismiss Case, 83 (Appeal fee of $455 receipt number
0973-7829715 paid.) (Attachments: # 1 Cross-Appeal Representation Statement)
(Woods, Daniel) (Entered: 11/18/2010)
11/19/2010 290 NOTIFICATION by Circuit Court of Appellate Docket Number 10-56813 9th CCA
regarding Notice of Appeal to 9th Circuit Court of Appeals 289 as to Plaintiff Log
Cabin Republicans. (dmap) (Entered: 11/19/2010)
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Case 2:04-cv-08425-VAP-E Document 34 Filed 11/27/06 Page 1 of 1 Page ID #:27
=====~============~======================~=================================
PRESENT: THE HONORABLE GEORGE P. SCHIAVELLI, JUDGE
The Court has received the parties' Joint Request for Determination
filed on November 14, 2006.
This Order is to notify the parties that the Court recently discovered
that the case file was destroyed because it was inadvertently marked "Closed"
by courthouse staff. The Court, however, was able to recover what appears to
be copies of the filings.
Accordingly, this Court will review the copies to make sure it has all
of the materials that were taken under submission on July 14, 2006, and set
a hearing at a future date.
MINUTES FORM 11
CIVIL - GEN
Initials of Deputy Clerk~
__
DOCKETED ON eM
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IR~L-_-_~-... --;;:'
2:04-cv-08425-VAP-E Document 252 Filed 10/12/10 Page 3 of 3 Page ID #:7789
1
:2 (5) GRANTS Plaintiff Log Cabin Republicans· request to file a motion
3 for costs of suit, to the extent allowed by law.
4
5 IT IS SO ORDERED.
6
'7
8 Dated: October 12.2010
· .. ~. 'P~~
VIRGINIAA. PHILLIPS :(
9 United States District Judge
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