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Karnoski v. Trump

United States District Court, W.D. Washington, Seattle

August 5, 2019

RYAN KARNOSKI, et al., Plaintiffs,
v.
DONALD J. TRUMP, in his official capacity as President of the United States, et al., Defendants. and STATE OF WASHINGTON, Plaintiff-Intervenor,

          NEWMAN DU WORS LLP, Derek A. Newman, WSBA No. 26967, Jason B. Sykes, WSBA No. 44369, Rachel Horvitz, WSBA No. 52987, LAMDBA LEGAL DEFENSE AND EDUCATION FUND, INC. Tara Borelli, WSBA No. 36759, Camilla B. Taylor, Peter C. Renn, Sasha Buchert, Kara Ingelhart, Carl Charles, Paul D. Castillo (admitted pro hac vice) OUTSERVE-SLDN, INC. N/K/A MODERN MILITARY ASSOCIATION OF AMERICA Peter Perkowski, KIRKLAND & ELLIS LLP James F. Hurst, P.C., Steve Patton, Jordan M. Heinz, Vanessa Barsanti, Daniel I. Siegfried, Joseph B. Tyson, Counsel for Plaintiffs

          UNITED STATES DEPARTMENT OF JUSTICE, JOSEPH H. HUNT Assistant Attorney General Civil Division JOHN R. GRIFFITHS Branch Director ANTHONY J. COPPOLINO Deputy Director ANDREW E. CARMICHAEL, VA Bar # 76578 Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch Counsel for Defendants

          OFFICE OF THE WASHINGTON STATE ATTORNEY GENERAL, Colleen M. Melody, WSBA No. 42275, Chalia I. Stallings-Ala'ilima, WSBA No. 40694, Assistant Attorneys General Civil Rights Unit Attorney General's Office Counsel for Plaintiff-Intervenor State of Washington

          JOINT STIPULATION TO VACATE PRELIMINARY INJUNCTION AND ORDER

          Marsha J. Pechman, United States District Judge

         Plaintiffs Ryan Karnoski, Staff Sergeant Cathrine Schmid, D.L., Chief Warrant Officer Lindsey Muller, Petty Officer First Class Terece Lewis, Petty Officer Second Class Phillip Stephens, Petty Officer Second Class Megan Winters, Jane Doe, Human Rights Campaign, Gender Justice League, and American Military Partners Association n/k/a Modern Military Association of America (collectively “Plaintiffs”), Plaintiff-Intervenor State of Washington, and Defendants Donald J. Trump, Mark Esper, and the United States Department of Defense (collectively “Defendants, ” and together with Plaintiffs and Plaintiff-Intervenor, “Parties”) hereby stipulate as follows:

         WHEREAS, this Court granted Plaintiffs' motion for preliminary injunction on December 11, 2017 (Dkt. No. 103).

         WHEREAS, this Court struck Defendants' motion to dissolve the preliminary injunction on April 13, 2018 (Dkt. No. 233).

         WHEREAS, the Ninth Circuit vacated and remanded this Court's order striking Defendants' motion to dissolve and further held that “[i]f Plaintiffs no longer wish to pursue a preliminary injunction, they may so advise the district court on remand” (Dkt. No. 338 at 58.)

         WHEREAS, the Parties disagreed whether their discovery disputes should be resolved first before any resolution of Defendants' motion to dissolve (Dkt. No. 341), and this Court ordered that “[i]f Plaintiffs wish to file an opposition to Defendants' motion to dissolve, they must do so on or before August 2, 2019” (Dkt. No. 344).

         NOW THEREFORE, the Parties, through their respective counsel of record, do hereby stipulate and agree as follows:

         After the Ninth Circuit's issuance of the mandate, the preliminary injunction should be vacated based on the stipulation of the Parties, without prejudice to any renewed motion for a preliminary injunction.

         SO STIPULATED.

         ORDER

         This matter comes before the Court on the Parties' Joint Stipulation to Vacate Preliminary Injunction. After considering the Parties' Joint Stipulation, the preliminary injunction is hereby vacated based on the stipulation of the ...


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