Case 1:17-cv-01597-CKK Document 190 Filed 03/08/19 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JANE DOE 2, et al.,
Plaintiffs,
v.
PATRICK SHANAHAN, in his official capacity
as Secretary of the Department of Defense, et
al.,
Defendants.

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Civil Action No. 17-cv-1597 (CKK)

NOTICE
In light of the district court’s decision yesterday to stay the preliminary injunction in Stone
v. Trump, No 1:17-cv-02459-GLR (D. Md. Mar. 7, 2019) (ECF No. 249), there is no longer any
impediment to the military’s implementation of the Mattis policy.

Defendants therefore

respectfully provide notice to the Court that the Acting Secretary of Defense plans to release a
Directive-Type Memorandum (DTM) formally implementing the new policy in the near future.
That DTM will not take effect until 30 days after its release.
Because the time for Plaintiffs to seek rehearing has not yet run, the D.C. Circuit has not
issued the mandate in Doe 2 v. Shanahan, No. 18-5257, 2019 WL 102309 (D.C. Cir. Jan. 4, 2019)
(per curiam).

Nevertheless, the D.C. Circuit’s judgment vacating this Court’s preliminary

injunction took effect when entered.

In confirmation of this fact, the D.C. Circuit denied

Defendant’s stay motion “as moot,” id. at *1, a ruling that necessarily presumes that this Court’s
injunction does not remain in effect.

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 Case 1:17-cv-01597-CKK Document 190 Filed 03/08/19 Page 2 of 2

March 8, 2019

Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
Civil Division
BRETT A. SHUMATE
Deputy Assistant Attorney General
JOHN R. GRIFFITHS
Branch Director
ANTHONY J. COPPOLINO
Deputy Director
/s/ Andrew E. Carmichael__________
ANDREW E. CARMICHAEL
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
Telephone: (202) 514-3346
Email: andrew.e.carmichael@usdoj.gov
Attorneys for Defendants

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