Karnoski et al v. Trump et al

Filing 674

ORDER re parties' 668 Joint Stipulation for a Stay. This case is stayed until April 9, 2021. The current scheduling order in this case, ECF No. 554 , and all deadlines therein are vacated. The parties' proposed joint case schedul e, ECF No. 655 , is denied as moot. The parties shall file a Joint Status Report by April 9, 2021 setting forth their respective positions regarding what further proceedings, if any, will be necessary in this case. Signed by Judge Marsha J. Pechman. (PM)

Case 2:17-cv-01297-MJP Document 674 Filed 02/16/21 Page 1 of 6

The Honorable Marsha J. Pechman

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RYAN KARNOSKI, et al.,

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Plaintiffs, and

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JOINT STIPULATION AND ORDER
FOR A STAY

STATE OF WASHINGTON,

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Case No. 2:17-cv-01297-MJP

Plaintiff-Intervenor,

NOTE ON MOTION CALENDAR:
FEBRUARY 1, 2021

v.
JOSEPH R. BIDEN JR., in his official
capacity as President of the United States, et
al.,

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Defendants.

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JOINT STIPULATION FOR STAY
Karnoski, et al. v. Biden, et al., No. 2:17-cv-1297 (MJP)

U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch 1100 L Street NW
Washington, DC 20530 Tel: [phone]

Case 2:17-cv-01297-MJP Document 674 Filed 02/16/21 Page 2 of 6

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Plaintiffs Ryan Karnoski, Staff Sergeant Cathrine Schmid, D.L., Chief Warrant Officer

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Lindsey Muller, Petty Officer First Class Terece Lewis, Petty Officer Second Class Phillip

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Stephens, Petty Officer Second Class Megan Winters, Jane Doe, Human Rights Campaign,

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Gender Justice League, and American Military Partners Association n/k/a Modern Military

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Association of America (collectively “Plaintiffs”), Plaintiff-Intervenor State of Washington,

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and Defendants Joseph R. Biden Jr., Lloyd J. Austin III, and the United States Department of

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Defense (collectively “Defendants,” and together with Plaintiffs and Plaintiff-Intervenor,

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“Parties”) hereby stipulate as follows:

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WHEREAS, on January 25, 2021, President Biden issued an executive order (the “January
25, 2021 Executive Order”) “revok[ing]” “the Presidential Memorandum of March 23, 2018”
and confirming “the Presidential Memorandum of August 25, 2017 (Military Service by
Transgender Individuals) remains revoked.” E.O. No. 14004 §§ 1, 2 (Jan. 25, 2021), ECF No.
667-1. Plaintiffs challenge both of those Memoranda in this case.
WHEREAS the January 25, 2021 Executive Order provides that “[t]he Secretary of
Defense, and Secretary of Homeland Security with respect to the Coast Guard, shall, after
consultation with the Joint Chiefs of Staff about how best to implement this policy . . . take all

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necessary steps to ensure that all directives, orders, regulations, and policies of their respective
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departments are consistent with this order” including “establishing a process by which
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transgender service members may transition gender while serving, along with any further steps
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that the Secretary of Defense and Secretary of Homeland Security deem appropriate to advance
the policy described in section 1 of this order.” Id. § 3(a).
WHEREAS the January 25, 2021 Executive Order provides that the Secretary of Defense
and Secretary of Homeland Security “shall (i) immediately prohibit involuntary separations,
discharges, and denials of reenlistment or continuation of service on the basis of gender identity
or under circumstances relating to their gender identity.” Id. §§ 3(b)(i), 3(c)(i) .

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WHEREAS the January 25, 2021 Executive Order provides that “[t]he Secretary of

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Defense and the Secretary of Homeland Security shall report to [the President] within 60 days of

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the date of this order on their progress in implementing the directives in this order and the policy

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described in section 1 of this order.” Id. § 3(d).
JOINT STIPULATION FOR STAY - 1
Karnoski, et al. v. Biden, et al., No. 2:17-cv-1297 (MJP)

U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch 1100 L Street NW
Washington, DC 20530 Tel: [phone]

Case 2:17-cv-01297-MJP Document 674 Filed 02/16/21 Page 3 of 6

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Accordingly, to allow Defendants time to implement the January 25, 2021 Executive Order

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and for the Parties to determine thereafter what, if any, proceedings will be necessary in this case

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after the 60-day period set forth in the January 25, 2021 Executive Order has passed, the Parties

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hereby stipulate and jointly propose that (a) the case be stayed until April 9, 2021, 14 days after

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the 60-day period referenced in the January 25, 2021 Executive Order; (b) the current scheduling

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order and all deadlines therein be vacated; (c) the parties’ joint proposed case schedule, Dkt. 665,

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be denied as moot; and (d) the parties be Ordered to file a Joint Status Report by April 9, 2021

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setting forth their respective positions regarding what proceedings, if any, will be necessary

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thereafter in this case.

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SO STIPULATED.

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February 1, 2021

Respectfully submitted,

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JOINT STIPULATION FOR STAY - 2
Karnoski, et al. v. Biden, et al., No. 2:17-cv-1297 (MJP)

U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch 1100 L Street NW
Washington, DC 20530 Tel: [phone]

Case 2:17-cv-01297-MJP Document 674 Filed 02/16/21 Page 4 of 6

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NEWMAN DU WORS LLP

UNITED STATES
DEPARTMENT OF JUSTICE

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s/ Jason B. Sykes
Derek A. Newman, WSBA No. 26967
[e-mail]
Jason B. Sykes, WSBA No. 44369
[e-mail]
Rachel Horvitz, WSBA No. 52987
[e-mail]
2101 Fourth Ave., Ste. 1500
Seattle, WA 98121
[phone]
LAMDBA LEGAL DEFENSE AND
EDUCATION FUND, INC.
Tara Borelli, WSBA No. 36759
[e-mail]
Camilla B. Taylor (admitted pro hac vice)
Peter C. Renn (admitted pro hac vice)
Sasha Buchert (admitted pro hac vice)
Kara Ingelhart (admitted pro hac vice)
Carl Charles (admitted pro hac vice)
Paul D. Castillo (admitted pro hac vice)
OUTSERVE-SLDN, INC. N/K/A
MODERN MILITARY ASSOCIATION
OF AMERICA
Peter Perkowski (admitted pro hac vice)
KIRKLAND & ELLIS LLP
James F. Hurst, P.C. (admitted pro hac vice)
Steve Patton (admitted pro hac vice)
Jordan M. Heinz (admitted pro hac vice)
Vanessa Barsanti (admitted pro hac vice)
Daniel I. Siegfried (admitted pro hac vice)
Sam Ikard (admitted pro hac vice)

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Counsel for Plaintiffs

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BRIAN M. BOYNTON
Acting Assistant Attorney General
Civil Division
ALEXANDER K. HAAS
Branch Director
ANTHONY J. COPPOLINO
Deputy Director
s/_Andrew E. Carmichael__________
ANDREW E. CARMICHAEL, VA Bar #
76578
[e-mail]
Senior Trial Counsel
MATTHEW SKURNIK, NY Bar # 5553896
[e-mail]
JAMES R. POWERS, TX Bar #24092989
[e-mail]
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street NW, Suite 12108
Washington, DC 20530
[phone]

Counsel for Defendants
OFFICE OF THE WASHINGTON
STATE ATTORNEY GENERAL
s/ Chalia I. Stallings-Ala’ilima
Chalia I. Stallings-Ala’ilima, WSBA
No. 40694
[e-mail]
Colleen M. Melody, WSBA No. 42275
[e-mail]
Assistant Attorney General
Wing Luke Civil Rights Division
Office of the WA Attorney General
800 Fifth Avenue, Suite 2000
Seattle, WA 98104
[phone]

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Counsel for Intervenor-Plaintiff State of
Washington

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JOINT STIPULATION FOR STAY - 3
Karnoski, et al. v. Biden, et al., No. 2:17-cv-1297 (MJP)

U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch 1100 L Street NW
Washington, DC 20530 Tel: [phone]

Case 2:17-cv-01297-MJP Document 674 Filed 02/16/21 Page 5 of 6

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ORDER

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This matter comes before the Court on the Parties’ Joint Stipulation for a Stay. After

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considering the Parties’ Joint Stipulation, IT IS HEREBY ORDERED THAT:

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1. This case is stayed until April 9, 2021;

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2. The current scheduling order in this case, ECF No. 554, and all deadlines therein

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are vacated;

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3. The parties’ proposed joint case schedule, ECF No. 655, is denied as moot; and

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4. The parties shall file a Joint Status Report by April 9, 2021 setting forth their

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respective positions regarding what further proceedings, if any, will be necessary
in this case.
IT IS SO ORDERED.

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Dated this 16th day of February, 2021.

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Marsha J. Pechman
United States Senior District Judge

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JOINT STIPULATION FOR STAY - 4
Karnoski, et al. v. Biden, et al., No. 2:17-cv-1297 (MJP)

U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch 1100 L Street NW
Washington, DC 20530 Tel: [phone]

Case 2:17-cv-01297-MJP Document 674 Filed 02/16/21 Page 6 of 6

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CERTIFICATE OF SERVICE

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The undersigned certifies under penalty of perjury under the laws of the United States of

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America and the laws of the State of Washington that all participants in the case are registered

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CM/ECF users and that service of the foregoing documents will be accomplished by the

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CM/ECF system on February 16, 2021.

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/s/ Andrew E. Carmichael
ANDREW E. CARMICHAEL
Senior Trial Counsel
United States Department of Justice
Civil Division, Federal Programs Branch
Telephone: [phone]
Email: [e-mail]

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Counsel for Defendants

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JOINT STIPULATION FOR STAY - 5
Karnoski, et al. v. Biden, et al., No. 2:17-cv-1297 (MJP)

U.S. DEPARTMENT OF JUSTICE
Civil Division, Federal Programs Branch 1100 L Street NW
Washington, DC 20530 Tel: [phone]