1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

AMERICAN CIVIL LIBERTIES UNION

OF WASHINGTON FOUNDATION 

901 FIFTH AVENUE, SUITE 630

SEATTLE, WA 98104-1799

(206) 624-2184

(C06-5195-RBL) PROPOSED ORDER UNITED STATES DEPARTMENT OF JUSTICE 

GRANTING THE PARTIES’ JOINT CIVIL DIVISION

MOTION FOR RELIEF FROM JUDGMENT-1 P.O. BOX 883, BEN FRANKLIN STATION

WASHINGTON, D.C. 20044

(202) 616-8482

 Judge Ronald B. Leighton

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

MAJOR MARGARET WITT,

 Plaintiff,

v.

UNITED STATES DEPARTMENT OF 

THE AIR FORCE, et al.,

Defendants.

 

)

)

)

)

)

)

)

)

)

)

)

)

)

No. C06-5195 RBL

ORDER GRANTING THE PARTIES’

JOINT MOTION FOR RELIEF FROM

JUDGMENT

This matter having come before the Court on the Parties’ Joint Motion for Relief from

Judgment, and the Court having considered that motion and finding good cause to grant the relief

sought, 

IT IS HEREBY ORDERED that the motion is GRANTED; 

IT IS FURTHER ORDERED that the final sentence of the September 24, 2010 Judgment

(Docket #166), which reads “She should be restored to her position as a Flight Nurse with the

446th AES as soon as is practicable, subject to meeting applicable regulations touching upon

qualifications necessary for continued service” is hereby AMENDED to read as follows: “She

should be reinstated to the Air Force Reserve as soon as is practicable, subject to meeting

applicable regulations touching upon qualifications necessary for continued service.”
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

AMERICAN CIVIL LIBERTIES UNION

OF WASHINGTON FOUNDATION 

901 FIFTH AVENUE, SUITE 630

SEATTLE, WA 98104-1799

(206) 624-2184

(C06-5195-RBL) PROPOSED ORDER UNITED STATES DEPARTMENT OF JUSTICE 

GRANTING THE PARTIES’ JOINT CIVIL DIVISION

MOTION FOR RELIEF FROM JUDGMENT-1 P.O. BOX 883, BEN FRANKLIN STATION

WASHINGTON, D.C. 20044

(202) 616-8482

IT IS FURTHER ORDERED that the September 24, 2010 Judgment (Docket #166) is

SUPPLEMENTED with the following text, “By virtue of a settlement agreement among the

parties, Major Margaret Witt has received retirement credits and will transfer to the Retired

Reserve. Nothing about the parties’ settlement agreement or the amended and supplemented

court order adversely affects Major Margaret Witt’s ability to claim attorney’s fees, costs, or

other expenses as a result of this litigation.”

Dated this 11th day of October, 2011 ARONALD B. LEIGHTON

UNITED STATES DISTRICT JUDGE

Presented by

 /s/ James E. Lobsenz TONY WEST

JAMES E. LOBSENZ, WSBA #8787 Assistant Attorney General

CARNEY BADLEY SPELLMAN

701 5th Avenue, Suite 3600 VINCENT M. GARVEY

Seattle, WA 98104-7010 Deputy Branch Director

Tel: (206) 622-8020

E-mail: lobsenz@carneylaw.com

 /s/ Peter J. Phipps PETER J. PHIPPS

 /s/ Sarah A. Dunne BRYAN R. DIEDERICH

SARAH A. DUNNE, WSBA #34869 STEPHEN J. BUCKINGHAM

ACLU OF WASHINGTON FOUNDATION United States Department of Justice

901 Fifth Avenue, Suite 630 Civil Division, Federal Programs Branch

Seattle, WA 98164 Tel: (202) 616-8482

Tel: (206) 624-2184 Fax: (202) 616-8470

E-mail: dunne@aclu-wa.org E-mail: peter.phipps@usdoj.gov

Attorneys for Plaintiff Mailing Address:

Post Office Box 883, Ben Franklin Station

Washington, D.C. 20044

Courier Address:

20 Massachusetts Ave., N.W.

Washington, D.C. 20001

Attorneys for Defendants