Witt v. Department of the Air Force et al

Filing 38

APPEAL NOTIFICATION packet sent to US Court of Appeals re 37 Notice of Appeal (Attachments: # 1 docket report)(MW, )

Witt v. Department of the Air Force et al WAWD CM/ECF Version 2.5 - Docket Report

Doc. 38 Att. 1 https://ecf.wawd.circ9.dcn/cgi-bin/DktRpt.pl?809990819283928-L...

APPEAL, CLOSED, LAW_CLERK_B

U.S. District Court WESTERN DISTRICT OF WASHINGTON (Tacoma) CIVIL DOCKET FOR CASE #: 3:06-cv-05195-RBL
Witt v. Department of the Air Force et al Assigned to: Hon. Ronald B. Leighton Cause: 28:1331 Federal Question: Other Civil Rights Date Filed: 04/12/2006 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: U.S. Government Defendant

Plaintiff Major Margaret Witt represented by Aaron H Caplan AMERICAN CIVIL LIBERTIES UNION OF WA 705 2ND AVE STE 300 SEATTLE, WA 98104-1799 206 624-2184 Fax: [phone] Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED James E Lobsenz CARNEY BADLEY SPELLMAN 701 FIFTH AVENUE STE 3600 SEATTLE, WA 98104-7010 206-622-8020 Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Nichole D McCraw CARNEY BADLEY SPELLMAN 701 FIFTH AVENUE STE 3600 SEATTLE, WA 98104-7010 206-622-8020 Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED V.

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Defendant Department of the Air Force represented by Peter J Phipps US DEPARTMENT OF JUSTICE (CIVIL - BOX 883) CIVIL DIVISION FEDERAL PROGRAMS PO BOX 883 WASHINGTON, DC 20044 202-616-8482 Email: [e-mail] LEAD ATTORNEY ATTORNEY TO BE NOTICED Marion J. Mittet US ATTORNEY'S OFFICE (SEA) 700 STEWART ST STE 5220 SEATTLE, WA 98101-1271 206-553-7970 Email: [e-mail] ATTORNEY TO BE NOTICED Defendant Donald H Rumsfeld Secretary of Defense represented by Peter J Phipps (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Marion J. Mittet (See above for address) ATTORNEY TO BE NOTICED Defendant Michael W Wynne Secretary, Department of the Air Force represented by Peter J Phipps (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Marion J. Mittet (See above for address) ATTORNEY TO BE NOTICED Defendant Colonel Mary L Walker Commander, 446th Aeromedical Evacuation Squadron, McChord AFB represented by Peter J Phipps (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

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Marion J. Mittet (See above for address) ATTORNEY TO BE NOTICED

Date Filed 04/12/2006

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Docket Text 1 COMPLAINT against all defendants (Summons(es) issued) (Receipt # T77) , filed by Margaret Witt. (Attachments: #(1) Appendix A - H #(2) Civil Cover Sheet)(KAM, ) (Entered: 04/13/2006) 2 NOTICE OF INITIAL ASSIGNMENT TO A US MAGISTRATE JUDGE AND CONSENT FORM. If consent, return the executed form by 5/12/2006. Please Note: Consents must not be electronically filed with the Court. (KAM, ) (Entered: 04/13/2006) 3 MINUTE ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge J. Kelley Arnold. (KAM, ) (Entered: 04/13/2006) 4 MINUTE ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT. FRCP 26f Conference Deadline is 6/28/2006; Initial Disclosure Deadline is 7/5/2006; Joint Status Report due by 7/12/2006 by Judge J. Kelley Arnold. (KAM, ) (Entered: 04/13/2006) Joint Status Report NOTED on motion calendar; Noting Date 7/12/2006. (KAM, ) (Entered: 04/13/2006) 5 MINUTE ORDER REASSIGNING CASE. This action has been reassigned to Judge Ronald B Leighton. All future documents filed in this case must bear the cause number C06-5195RBL and bear the Judge's name in the upper right hand corner of the document. Please make the necessary corrections to your records reflecting this change by Judge J. Kelley Arnold. (KAM, ) (Entered: 04/18/2006) 6 MOTION for Leave to File An Overlength Brief by Plaintiff Margaret Witt. Noting Date 4/18/2006. (Attachments: # 1 Proposed Order Granting Plaintiff's Motion For Leave To File An Overlength Brief)(McCraw, Nichole) (Entered: 04/18/2006) 7 ORDER granting 6 Plaintiff's Motion for Leave to File an Overlength Brief, signed by Judge Ronald B. Leighton.(DN, ) (Entered: 04/20/2006) 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion by Plaintiff Margaret Witt. Noting Date 5/12/2006.Oral Argument Requested. (Attachments: # 1 Second half of Motion# 2 Proposed Order Proposed Order)(McCraw, Nichole) (Entered: 04/24/2006) 9 DECLARATION of Major Margaret Witt filed by Plaintiff Margaret Witt re 8 Oral MOTION for Preliminary Injunction And Memorandum In

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Support of Motion (McCraw, Nichole) (Entered: 04/24/2006) 04/24/2006 10 AFFIDAVIT of Major Faith M. Mueller filed by Plaintiff Margaret Witt re 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion (McCraw, Nichole) (Entered: 04/24/2006) 11 DECLARATION of Stacey Jullian filed by Plaintiff Margaret Witt re 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion (McCraw, Nichole) (Entered: 04/24/2006) 12 DECLARATION of James Schaffer filed by Plaintiff Margaret Witt re 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion (McCraw, Nichole) (Entered: 04/24/2006) 13 DECLARATION of Julia Scott filed by Plaintiff Margaret Witt re 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion (McCraw, Nichole) (Entered: 04/24/2006) 14 DECLARATION of Major Sue Schindler filed by Plaintiff Margaret Witt re 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion (McCraw, Nichole) (Entered: 04/24/2006) 15 DECLARATION of Sharon Carlson filed by Plaintiff Margaret Witt re 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion (McCraw, Nichole) (Entered: 04/24/2006) 16 DECLARATION of Master Sergeant Jill Brinks filed by Plaintiff Margaret Witt re 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion (McCraw, Nichole) (Entered: 04/24/2006) 17 DECLARATION of Major Annie Thomas filed by Plaintiff Margaret Witt re 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion (McCraw, Nichole) (Entered: 04/24/2006) 18 DECLARATION of Major Vince Oda filed by Plaintiff Margaret Witt re 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion (McCraw, Nichole) (Entered: 04/24/2006) 19 DECLARATION of Professor Elizabeth Kier filed by Plaintiff Margaret Witt re 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion (McCraw, Nichole) (Entered: 04/24/2006) 20 DECLARATION of Elizabeth Kier APPENDICES filed by Plaintiff Margaret Witt re 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion (Attachments: # 1 Appendix A p. 4-21# 2 Appendix A p. 22-39# 3 Appendix B p. 40-57# 4 Appendix C p. 58-92# 5 Appendix D p. 93-125# 6 Appendix D p. 126-149# 7 Appendix D p. 150-163# 8 Appendix E p. 164-171# 9 Appendix F p. 172-189# 10 Appendix F p. 190-204# 11 Appendix G p. 205-230# 12 Appendix G p. 231-256)(McCraw, Nichole) (Entered: 04/24/2006) 21 ACKNOWLEDGEMENT OF SERVICE of summons and complaint for declaratory and injunctive relief by Plaintiff Margaret Witt on April 12,

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2006 (Lobsenz, James) (Entered: 05/01/2006) 05/01/2006 22 AFFIDAVIT OF SERVICE by Plaintiff Margaret Witt re 11 Declaration, 14 Declaration, 15 Declaration, 13 Declaration, 17 Declaration, 9 Declaration, 12 Declaration, 18 Declaration, 16 Declaration, 10 Affidavit, 20 Declaration,,, 19 Declaration, 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion. (Lobsenz, James) (Entered: 05/01/2006) 23 NOTICE of Appearance by attorney Marion J. Mittet on behalf of Defendants Department of the Air Force, Donald H Rumsfeld, Michael W Wynne, Mary L Walker (Mittet, Marion) (Entered: 05/08/2006) 24 RESPONSE MOTION AND RESPONSE , by Defendants Department of the Air Force, Donald H Rumsfeld, Michael W Wynne, Mary L Walker, to 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion. (Phipps, Peter) Modified on 6/9/2006 (VB, (Entered: 05/08/2006) NOTICE of Docket Text Modification re 24 Response to Motion, : Document filed as a response not a Motion and response (VB, ) (Entered: 06/09/2006) 25 REPLY, filed by Plaintiff Margaret Witt, TO RESPONSE to 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion (Caplan, Aaron) (Entered: 05/12/2006) 26 NOTICE of Hearing on Motion 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion: Motion Hearing set for 6/9/2006 at 10:00 AM in B Courtroom before Hon. Ronald B. Leighton. s/Jean Boring as directed by Judge Leighton.(JAB, ) (Entered: 05/15/2006) 27 NOTICE of Rescheduled Hearing: Preliminary/Permanent Injunction Hearing is RESET for 6/30/2006 at 03:00 PM in B Courtroom before Hon. Ronald B. Leighton. (JAB, ) (Entered: 05/23/2006) 28 RESPONSE, by Plaintiff Margaret Witt, to 24 Defendant's Motion to Dismiss 8 Oral MOTION for Preliminary Injunction And Memorandum In Support of Motion. (Lobsenz, James) Modified on 6/5/2006: Corrected link and text, per filer(HBR). (Entered: 06/05/2006) NOTICE of Docket Text Modification re 28 Response to Motion: added link to document 24 with text, per filer; edited out link to Oral Motion. (HBR) (Entered: 06/05/2006) 29 REPLY by Defendants Department of the Air Force, Donald H Rumsfeld, Michael W Wynne, Mary L Walker to 24 MOTION AND RESPONSE. (Phipps, Peter) Modified on 6/12/2006: edited title of linked document #24 to reflect edited title (HBR). (Entered: 06/09/2006) 30 NOTICE of Rescheduling the TIME of the Hearing: Preliminary Injunction Hearing set for 6/30/2006 at 02:00 PM in B Courtroom before

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Hon. Ronald B. Leighton. Time moved up from 3:00 pm. s/Jean Boring as authorized by Judge Leighton.(JAB, ) (Entered: 06/26/2006) 06/28/2006 31 MOTION to Stay Discovery and for Relief from the Deadlines Imposed by the Court's Minute Order of April 13, 2006 by Defendants Department of the Air Force, Donald H Rumsfeld, Michael W Wynne, Mary L Walker. Noting Date 7/11/2006. (Attachments: # 1 Proposed Order)(Phipps, Peter) (Entered: 06/28/2006) 32 MINUTE ENTRY for proceedings held before Judge Ronald B. Leighton - Dep Clerk: Jean Boring; Pla Counsel: James Lobsenz/ Aaron Caplan; Def Counsel: Peter Phipps/Jamie Mittet/Maj.Tracey Rockenbach; CR: Julaine Ryen; ORAL ARGUMENT on Prelimary Injunction and Motion to Dismiss held on 6/30/2006. Arguments presented. Court will issue a written decision. (JAB, ) (Entered: 07/03/2006) 33 RESPONSE, by Plaintiff Margaret Witt, to 31 MOTION to Stay Discovery and for Relief from the Deadlines Imposed by the Court's Minute Order of April 13, 2006. (Lobsenz, James) (Entered: 07/06/2006) 34 REPLY, filed by Defendants Department of the Air Force, Donald H Rumsfeld, Michael W Wynne, Mary L Walker, TO RESPONSE to 31 MOTION to Stay Discovery and for Relief from the Deadlines Imposed by the Court's Minute Order of April 13, 2006 (Phipps, Peter) (Entered: 07/11/2006) 35 ORDER DENYING 8 Plaintiff's Motion for Preliminary Injunction; ORDER GRANTING 24 Defendant's Motion to Dismiss; and, ORDER finding as moot 31 Motion to Stay. Signed by Judge Ronald B. Leighton.(DN, ) (Entered: 07/26/2006) 36 JUDGMENT BY COURT (JAB, ) (Entered: 07/27/2006) 37 NOTICE OF APPEAL as to 36 Judgment by Court, 35 Order on Motion to Stay, Order on Motion for Preliminary Injunction by Plaintiff Margaret Witt. Filing Fee:. (Lobsenz, James) (Entered: 07/31/2006) Appeal Fees received: fee in the amount of $ 455 (receipt # T-658) re 37 Notice of Appeal filed by Margaret Witt, (MW, ) (Entered: 08/01/2006)

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