Appeal: 17-2398 Doc: 23-1 Filed: 12/19/2017 By ECF Pg: 1 of 3 December 19, 2017 Patricia S. Connor Clerk, U.S. Court of Appeals for the Fourth Circuit Lewis F. Powell, Jr. United States Courthouse Annex 1100 East Main Street, Suite 501 Richmond, Virginia 23219-3517 Re: Stone v. Trump, No. 17-2398 Dear Ms. Connor: Pursuant to Federal Rule of Appellate Procedure 28(j) and Local Rule 28(e), PlaintiffsAppellees respectfully submit the attached Department of Defense “Policy Memorandum 2-5, Transgender Applicant Processing” issued to Sector Commanders, Battalion Commanders, MEPS Commanders, and Directors and Special Staff Officers (“Memorandum”). The seven-page Memorandum, dated December 8, 2017, provides guidance for processing transgender applicants for military service beginning on January 1, 2018. It sets out detailed procedures for processing such applicants, and cross-references a second memorandum of the same date, from the Deputy Secretary of Defense, entitled “Medical Standards for Appointment, Enlistment, or Induction of Transgender Applicants into the Military Services.” The Memorandum was issued two days after Lernes J. Hebert signed a declaration dated December 6, 2017, which Defendants-Appellants submitted in support of their emergency application for a stay before the District Court. Appellant Add. 96-102. Defendants — despite relying heavily on the Hebert declaration to support their vague claims about administrative difficulties (see Appellants’ Emergency Motion for Administrative Stay and Partial Stay Pending Appeal, 13-15; Doc. 13-1, pp. 14-16 of 24) — did not bring the subsequent Memorandum to this Court’s attention. 1 The Memorandum became public this afternoon when filed in Karnoski v. Trump, No. 17-36009 (9th Cir.), by the State of Washington, which received the Memorandum through the Washington National Guard. Plaintiffs respectfully submit that this detailed guidance further belies Defendants’ conclusory and unsubstantiated claims that they are not prepared to comply with the injunction and begin processing new accessions on January 1, the date that Secretary Despite its self-evident relevancy to their Motion, Defendants have also not put the Deputy Secretary of Defense memorandum before this Court, nor disclosed that document to Plaintiffs. 1 Appeal: 17-2398 Doc: 23-1 Filed: 12/19/2017 Pg: 2 of 3 Patricia S. Connor December 19, 2017 Page 2 Mattis previously set. See Opposition to Appellants' Emergency Motion for Administrative Stay and Partial Stay Pending Appeal, 11-13 (Doc. 17-1, pp. 16-18 of 33). Respectfully submitted, /s/ David M. Zionts David M. Zionts Counsel for Plaintiffs-Appellees CC: All Counsel of Record (via CM/ECF) Appeal: 17-2398 Doc: 23-1 Filed: 12/19/2017 Pg: 3 of 3 Patricia S. Connor December 19, 2017 Page 3 CERTIFICATE OF SERVICE I hereby certify that on December 19, 2017, I caused the foregoing letter to be filed with the Clerk of the U.S. Court of Appeals for the Fourth Circuit using the appellate CM/ECF system and to be served upon all parties via the CM/ECF system. /s/ David M. Zionts David M. Zionts Counsel for Plaintiffs-Appellees December 19, 2017