Almy et al v. United States Department of Defense et al

Filing 30

MOTION for Leave to File First Amended Complaint filed by Michael D. Almy, Jason D. Knight, Anthony J. Loverde. Motion Hearing set for 5/5/2011 01:30 PM in Courtroom 3, 17th Floor, San Francisco before Hon. Richard Seeborg. (Attachments: # 1 Affidavit Woodmansee, # 2 Exhibit 1 to Declaration of Woodmansee - Proposed First Amended Complaint, # 3 Exhibit 2 to Declaration of Woodmansee - Redline, # 4 Proposed Order Granting Motion for Leave to File First Amended Complaint)(Woodmansee, Mark) (Filed on 3/16/2011)

Almy et al v. United States Department of Defense et al

Doc. 30 Att. 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

M. ANDREW WOODMANSEE (CA SBN 201780) [e-mail] STEPHANIE L. FONG (CA SBN 240836) [e-mail] KIMBERLY R. GOSLING (CA SBN 247803) [e-mail] JESSICA A. ROBERTS (CA SBN 265570) [e-mail] MORRISON & FOERSTER LLP 12531 High Bluff Drive San Diego, California 92130-2040 Telephone: [phone] Facsimile: 858.720.5125 AARON D. TAX (DC SBN 501597) [e-mail] JOHN M. GOODMAN (DC SBN 383147) [e-mail] SERVICEMEMBERS LEGAL DEFENSE NETWORK P. O. Box 65301 Washington, DC 20035-5301 Telephone: [phone] Facsimile: 202.797.1635 Attorneys for Plaintiffs MICHAEL D. ALMY, JASON D. KNIGHT, and ANTHONY J. LOVERDE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA MICHAEL ALMY, JASON KNIGHT, and ANTHONY LOVERDE, Plaintiffs, v. UNITED STATES DEPARTMENT OF DEFENSE; ROBERT M. GATES, Secretary of Defense; DEPARTMENT OF THE AIR FORCE; MICHAEL B. DONLEY, Secretary, Department of the Air Force; DEPARTMENT OF THE NAVY; and RAY MABUS, Secretary, Department of the Navy, Defendants. Case No. cv 10-5627 (RS) DECLARATION OF M. ANDREW WOODMANSEE IN SUPPORT OF PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT Date: May 5, 2011 Time: 1:30 p.m. Place: Courtroom 3, 17th Floor Honorable Richard Seeborg

DECLARATION OF M. ANDREW WOODMANSEE ISO PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

sd-550190
Dockets.Justia.com

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, M. Andrew Woodmansee, hereby declare as follows: 1. I am a member of the bar of the State of California. I am a partner with the law

firm of Morrison & Foerster LLP, counsel for plaintiffs Michael D. Almy, Jason D. Knight, and Anthony J. Loverde ("Plaintiffs") in the above-captioned action. I have personal knowledge of the facts set forth herein, and if called upon to do so, I could and would testify competently thereto. 2. Attached hereto as Exhibit 1 is a true and correct copy of Plaintiffs' proposed First

Amended Complaint. 3. Attached hereto as Exhibit 2 is a true and correct copy of a redline comparing the

proposed First Amended Complaint with the Complaints as filed. 4. On Friday, March 11, 2011, I met and conferred with Paul Freeborne, counsel for

Defendants, regarding whether the Defendants would stipulation to Plaintiffs' request to file an amended complaint. The Government indicated it would stipulate only if Plaintiffs agreed to waive any future claims (administratively or in the Court of Claims) seeking credit towards retirement for the time they were separated from active duty service under Don't Ask; Don't Tell. 5. On March 14, 2011, I conferred again with Defendants regarding the proposed

amendment. In an email message, I proposed a solution that would have mooted the Defendants' objections. Plaintiffs proposed filing a stipulated amended complaint in this Court seeking only the equitable remedy reinstating Plaintiffs on active duty military service. Plaintiffs then would have filed (and then voluntarily stayed) a complaint in the Court of Federal Claims seeking other relief that Defendants contend is "monetary." Defendants rejected that proposal in an email to me on March 15, 2011. 6. On March 16, 2011, counsel for Defendants emailed me to advise that Defendants

would not agree to the proposed amended complaint.

DECLARATION OF M. ANDREW WOODMANSEE ISO PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

1

sd-550190

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I declare under penalty of perjury that the foregoing is true and correct. Executed on March 16, 2011, at San Diego, California.

By: /s/ M. Andrew Woodmansee M. Andrew Woodmansee [e-mail] MORRISON & FOERSTER LLP Attorneys for Plaintiffs Michael D. Almy, Jason D. Knight, and Anthony J. Loverde

DECLARATION OF M. ANDREW WOODMANSEE ISO PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

2

sd-550190

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

CERTIFICATE OF SERVICE I hereby certify that all counsel of record, who are deemed to have consented to electronic service, are being served this 16th day of March, 2011, with a copy of this document via the Court's CM/ECF system.

/s/ M. Andrew Woodmansee M. Andrew Woodmansee

DECLARATION OF M. ANDREW WOODMANSEE ISO PLAINTIFFS' MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

3

sd-550190