IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF...

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

BROCK STONE, et al.,

Plaintiffs, Case 1:17-cv-02459-MJG v. Hon. Marvin J. Garbis DONALD J. TRUMP, in his official capacity as President of the United States, et al.,

Defendants.

DEFENDANTS’ NOTICE OF FILING REDACTED DECLARATIONS AND THE INTERIM GUIDANCE

On October 12, 2017, Defendants filed their motion to dismiss and opposition to Plaintiffs’

motion for a preliminary injunction (Defendants’ “Motion”). ECF No. 52. In support of their

Motion, Defendants filed four declarations under seal. See ECF Nos. 54, 55. Defense counsel and

Plaintiffs’ counsel have agreed upon redactions to the four sealed declarations that permit them to

be filed on the public record, consistent with the terms of the stipulated protective order in this case.

See ECF Nos. 49-2, 50. Defendants have, therefore, attached to this Notice redacted copies of the

Vanderlugt, Brooks, Campbell, and Posey declarations, which are submitted in support of

Defendants’ Motion.

In their Memorandum of Points and Authorities in support of their Motion, Defendants

cited extensively to Interim Guidance that was issued by Secretary of Defense Mattis on September

14, 2017. See ECF No. 52-1. This Interim Guidance was identified as Exhibit 1 in the

Memorandum but, through an oversight, was not filed with Defendants’ Memorandum. Defendants

have, therefore, attached to this Notice Exhibit 1 to their Memorandum, Secretary Mattis’s Interim

Guidance.

Case 1:17-cv-02459-MJG Document 60 Filed 10/25/17 of 2

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Dated: October 25, 2017 Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General Civil Division BRETT A. SHUMATE Deputy Assistant Attorney General JOHN R. GRIFFITHS Branch Director ANTHONY J. COPPOLINO Deputy Director /s/ Ryan B. Parker RYAN B. PARKER Senior Trial Counsel ANDREW E. CARMICHAEL Trial Attorney United States Department of Justice Civil Division, Federal Programs Branch Telephone: (202) 514-4336 Email: [email protected] Counsel for Defendants

Case 1:17-cv-02459-MJG Document 60 Filed 10/25/17 of 2

Case 1:17-cv-02459-MJG Document 60-1 Filed 10/25/17 Page 1 of 3

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND

BROCK STONE et al.,

Plaintiffs, v. Civil Action No. 1:17-cv-02459 DONALD J. TRUMP et al.,

Defendants.

DECLARATION OF CAPTAIN COLIN CAMPBELL (Relating to Petty Officer First Class Teagan Gilbert)

I, CAPTAIN COLIN CAMPBELL, UNITED STATES NAVY, do hereby state and declare as

follows:

1. I am a Captain serving on active-duty in the United States Navy and currently assigned as

Commanding Officer of Naval Reserve STRATEGIC COMMAND Phoenix Intelligence,

Located at Papago United States Army Reserve facility, Phoenix, AZ. I have served on

reserve duty for over 28 years, most recently as Commanding Officer of Naval Special Warfare

Intelligence SEAL TEAM SEVENTEEN. I make this declaration based on my personal

knowledge and on information provided to me in the course of my official duties. I submit

this declaration in support of the defendants’ motion to dismiss the above-captioned action

and in opposition to the plaintiffs’ motion for a preliminary injunction. In particular, I

address below the current status of plaintiff Petty Officer First Class (PO1) Teagan Gilbert.

2. In my role as Commanding Officer, I am responsible for all aspects of the unit to include the

safety, well-being, and efficiency of the command. Based on my current position and past

experience, I am familiar with the Department of the Navy’s policies and regulations regarding

accession and retention requirements, including those found in Department of Defense


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Instruction (DoDI) 6130.03, and the Chief of Naval Operations Instruction (OPNAVINST)

3110.1J; policies and regulations relating to administrative separations, including those found

in DoDI 1332.14, Bureau of naval Personnel Instruction (BUPERSINST) 1001.39F, and the

Military Personnel Manual (MILPERSMAN) 1910 (series); as well as policies and regulations

relating to service by transgender individuals, including DoDI 1300.28; ALNAV 053/16; and

the Secretary of Defense’s Interim Guidance issued on 14 September 2017.

3. PO1 Teagan Gilbert is currently serving as an Information Technology Requirements Petty

Officer. PO1 Gilbert’s official Navy personnel files and the Defense Enrollment Eligibility

Reporting System (DEERS) currently identify PO1 Gilbert as a male named .

For the remainder of this declaration, I will refer to PO1 Gilbert using female pronouns, which

correspond to PO1 Gilbert’s own gender identity, but not yet to PO1 Gilbert’s official records.

4. The Secretary’s Interim Guidance prohibits the involuntary separation or discharge of a Sailor

due to his or her transgender status or diagnosis of gender dysphoria. My unit is in

compliance with this policy, and no sailor, to include PO1 Gilbert, is currently pending

separation or discharge due to his or her transgender status or gender dysphoria diagnosis.

Nor will any soldier in my unit face such a separation, absent a change in the existing policy.

5. PO1 Gilbert informally disclosed her transgender status to her command in about October

2016. She submitted a formal transition plan for approval on March 22, 2017. That plan

was approved on July 7, 2017.

To my knowledge, there has been no delay or breaks in PO1 Gilbert’s medical


Exhibit 1 Case 1:17-cv-02459-MJG Document 60-5 Filed 10/25/17 Page 1 of 3

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