Navy Seal 1, et al v. Secretary of the United States Department of Defen, et al
| NAVY SEAL 1, United States Navy, NAVY SEAL 2, EOD OFFICER, United States Navy, SENIOR CHIEF PETTY OFFICER, United States Navy, CHAPLAIN, United States Navy, LIEUTENANT COLONEL 1, United States Marine Corps, LIEUTENANT COLONEL 2, United States Marine Corps, MAJOR, United States Marine Corps, SECOND LIEUTENANT, United States Marine Corps, CAPTAIN, United States Marine Corps, ARMY RANGER, United States Army, LANCE CORPORAL 1, United States Marine Corps, LANCE CORPORAL 2, United States Marine Corps, AIR FORCE MAJOR, United States Air Force, NATIONAL GUARDSMAN, Virginia Army National Guard, COAST GUARD LIEUTENANT, United States Coast Guard, TECHNICAL SERGEANT, United States Air Force, DEFENSE DEPARTMENT CONTRACTOR, United States Department of Defense, FEDERAL CIVILIAN ENGINEER CONTRACTOR, FEDERAL CIVILIAN CONTRACTOR EMPLOYER, FEDERAL NUCLEAR CONTRACTOR EMPLOYEE, DEPARTMENT OF ENERGY CIVILIAN NUCLEAR TECH, for themselves and all others similarly situated, COLONEL, United States Army, COMMANDER SURFACE WARFARE OFFICER, United States Navy, NAVY CHIEF WARRANT OFFICER, United States Navy Reserve, COLONEL FINANCIAL MANAGEMENT OFFICER, United States Marine Corps, RESERVE LIEUTENANT COLONEL, United States Marine Corps, CAPTAIN 2, United States Marine Corps, CAPTAIN 3, United States Marine Corps, FIRST LIEUTENANT, United States Marine Corps, CHIEF WARRANT OFFICER 3, United States Marine Corps, CHAPLAIN, United States Air Force, RESERVE LIEUTENANT COLONEL 1, United States Air Force, RESERVE LIEUTENANT COLONEL 2, United States Air Force, MASTER SERGEANT SERE SPECIALIST, United States Air Force, CADET, United States Air Force Academy, PILOT, United States Coast Guard, LCDR PILOT, United States Coast Guard, MANAGEMENT AND PROGRAM ANALYST, Citizenship and Immigration Services, Department of Homeland Security and STATE DEPARTMENT EMPLOYEE 1 |
| PRESIDENT OF THE UNITED STATES, SECRETARY OF THE UNITED STATES DEPARTMENT OF DEFENSE, SECRETARY, DEPARTMENT OF HOMELAND SECURITY, SECRETARY, US DEPARTMENT OF THE ARMY, SECRETARY, U.S. DEPARTMENT OF THE NAVY, COMMANDANT, UNITED STATES MARINE CORPS, SECRETARY US DEPARTMENT OF THE AIR FORCE, ADMINISTRATOR US GENERAL SERVICES ADMINISTRATION, DIRECTOR US OFFICE OF PERSONNELL MANAGEMENT, ACTING ADMINISTRATOR OF THE FEDERAL PROCUREMENT POLICY, OFFICE OF MANAGEMENT AND BUDGET and CHAIR OF THE FEDERAL ACQUISITION REGULATORY COUNCIL |
| 22-10645 |
| February 28, 2022 |
| U.S. Court of Appeals, Eleventh Circuit |
| Other Civil Rights |
Docket Report
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| Certificate of Readiness filed as to Appellants Commandant, United States Marine Corps, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. [Entered: 04/15/2022 02:25 PM] |
| Record on Appeal filed. Exhibits, 2 Sealed Box [Entered: 04/15/2022 02:27 PM] |
| Received 7 paper copies of EBrief, filed by Appellants Commandant, United States Marine Corps, Secretary US Department of the Air Force, Secretary of the United States Department of Defense, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. [Entered: 04/14/2022 02:24 PM] |
| Received paper copies of EAppendix filed by Appellants Commandant, United States Marine Corps, Secretary US Department of the Air Force, Secretary of the United States Department of Defense, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. 5 VOLUMES - 2 COPIES [Entered: 04/14/2022 02:25 PM] |
| Appellant's brief filed by Commandant, United States Marine Corps, Secretary of the United States Department of Defense, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. [22-10645] (ECF: Sarah Clark) [Entered: 04/11/2022 11:56 AM] |
| Appendix filed [5 VOLUMES] by Appellants Commandant, United States Marine Corps, Secretary of the United States Department of Defense, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. [22-10645] (ECF: Sarah Clark) [Entered: 04/11/2022 12:02 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Roger K. Gannam for Appellees Air Force Major, Army Ranger, Cadet, Captain, Captain 2, Captain 3, Chaplain, Chaplain, Chief Warrant Officer 3, Coast Guard Lieutenant, Colonel, Colonel Financial Management Officer, Commander Surface Warfare Officer, EOD Officer, First Lieutenant, Lance Corporal 1, Lance Corporal 2, LCDR Pilot, Lieutenant Colonel 1, Lieutenant Colonel 2, Major, Master Sergeant Sere Specialist, National Guardsman, Navy Chief Warrant Officer, Navy Seal 1, Navy Seal 2, Pilot, Reserve Lieutenant Colonel, Reserve Lieutenant Colonel 1, Reserve Lieutenant Colonel 2, Second Lieutenant, Senior Chief Petty Officer and Technical Sergeant. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [22-10645] (ECF: Roger Gannam) [Entered: 04/05/2022 01:44 PM] |
| NOTICE OF CIP FILING DEFICIENCY to Roger K. Gannam for Captain, Major, Navy Seal 1, Navy Seal 2, EOD Officer, Senior Chief Petty Officer, Chaplain, Lieutenant Colonel 1, Lieutenant Colonel 2, Second Lieutenant, Army Ranger, Lance Corporal 1, Lance Corporal 2, Air Force Major, National Guardsman, Coast Guard Lieutenant, Technical Sergeant, Colonel, Commander Surface Warfare Officer, Navy Chief Warrant Officer, Colonel Financial Management Officer, Reserve Lieutenant Colonel, Captain 2, Captain 3, First Lieutenant, Chief Warrant Officer 3, Reserve Lieutenant Colonel 1, Reserve Lieutenant Colonel 2, Master Sergeant Sere Specialist, Cadet, Pilot and LCDR Pilot, Daniel Joseph Schmid for Captain, Major, Navy Seal 1, Navy Seal 2, EOD Officer, Senior Chief Petty Officer, Chaplain, Lieutenant Colonel 1, Lieutenant Colonel 2, Second Lieutenant, Army Ranger, Lance Corporal 1, Lance Corporal 2, Air Force Major, National Guardsman, Coast Guard Lieutenant, Technical Sergeant, Colonel, Commander Surface Warfare Officer, Navy Chief Warrant Officer, Colonel Financial Management Officer, Reserve Lieutenant Colonel, Captain 2, Captain 3, First Lieutenant, Chief Warrant Officer 3, Master Sergeant Sere Specialist, Cadet, Pilot and LCDR Pilot, Anita Staver for Captain, Major, Navy Seal 1, Navy Seal 2, EOD Officer, Senior Chief Petty Officer, Chaplain, Lieutenant Colonel 1, Lieutenant Colonel 2, Second Lieutenant, Army Ranger, Lance Corporal 1, Lance Corporal 2, Air Force Major, National Guardsman, Coast Guard Lieutenant, Technical Sergeant, Colonel, Commander Surface Warfare Officer, Navy Chief Warrant Officer, Colonel Financial Management Officer, Reserve Lieutenant Colonel, Captain 2, Captain 3, First Lieutenant, Chief Warrant Officer 3, Reserve Lieutenant Colonel 1, Reserve Lieutenant Colonel 2, Master Sergeant Sere Specialist, Cadet, Pilot and LCDR Pilot and Mathew Duane Staver for Captain, Major, Navy Seal 1, Navy Seal 2, EOD Officer, Senior Chief Petty Officer, Chaplain, Lieutenant Colonel 1, Lieutenant Colonel 2, Second Lieutenant, Army Ranger, Lance Corporal 1, Lance Corporal 2, Air Force Major, National Guardsman, Coast Guard Lieutenant, Technical Sergeant, Colonel, Commander Surface Warfare Officer, Navy Chief Warrant Officer, Colonel Financial Management Officer and Reserve Lieutenant Colonel. You are receiving this notice because you have not completed the Web-Based Stock Ticker Symbol CIP via the court's public web-page and have not filed the CIP via the electronic filing system (CM/ECF). Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both. If you are an appellant or petitioner, upon expiration of 14 days from the date of this notice, your appeal will be dismissed for want of prosecution if the default has not been remedied, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b). If you are an appellee or respondent, no action will be taken on documents submitted until the CIP deficiency is remedied. See 11th Cir. R. 26.1-5. [Entered: 03/31/2022 08:33 AM] |
ORDER: This matter comes to us on a motion to stay a district courts preliminary injunction compelling the Navy and Marine Corps to provide two officers a religious exemption to the militarys COVID-19 vaccine mandate. The defendants argue that we should stay the preliminary injunction during the pendency of the appeal because the district courts injunction improperly intrudes in internal military affairs. This is not the only pending matter in which servicemembers are seeking a religious exemption to the Navys vaccination mandate. In U.S. Navy Seals 1-26, et al. v. Biden, et al., No. 22-10077 (5th Cir. Feb. 28, 2022), the Fifth Circuit declined to stay a comparable preliminary injunction against the enforcement of the mandate. The Supreme Court, however, stayed the injunction pending appeal insofar as it precludes the Navy from considering respondents vaccination status in making deployment, assignment, and other operational decisions. Austin, et al. v. U.S. Navy Seals 1-26, et al., No. 21A477 (March 25, 2022). Accordingly, following the Supreme Courts lead, we grant the defendants motion to stay in part and deny it in part. The district courts injunction is stayed insofar as it precludes the Navy from considering the plaintiffs vaccination status in making deployment, assignment, and other operational decisions until disposition of this appeal, including the denial of a petition for panel rehearing or rehearing en banc if timely filed. The motion for oral argument is denied. [ # 9611531-2 ] [ # 9630164-2 ] CRW, ELB and ALB (See attached order for complete text) --[Edited 03/30/2022 by BWH] [Entered: 03/30/2022 02:10 PM]
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| MOTION Schedule Oral Argument on Defendants-Appellants' Time-Sensitive Motion for Stay Pending Appeal, or in the Alternative, For Supplemental Briefing on Austin v. Navy SEALS 1-26 filed by Air Force Major, Army Ranger, Cadet, Captain, Captain 2, Captain 3, Chaplain, Chaplain, Chief Warrant Officer 3, Coast Guard Lieutenant, Colonel, Colonel Financial Management Officer, Commander Surface Warfare Officer, EOD Officer, First Lieutenant, Lance Corporal 1, Lance Corporal 2, LCDR Pilot, Lieutenant Colonel 1, Lieutenant Colonel 2, Major, Master Sergeant Sere Specialist, National Guardsman, Navy Chief Warrant Officer, Navy Seal 1, Navy Seal 2, Pilot, Reserve Lieutenant Colonel, Second Lieutenant, Senior Chief Petty Officer and Technical Sergeant. Opposition to Motion is Unknown. [9630164-1] [22-10645] (ECF: Daniel Schmid) [Entered: 03/28/2022 01:04 PM] |
| Response to Supplemental Authority (28J) filed by Appellants Commandant, United States Marine Corps, Secretary of the United States Department of Defense, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. [22-10645] (ECF: Sarah Clark) [Entered: 03/28/2022 02:34 PM] |
| Supplemental Authority filed by Appellees Air Force Major, Army Ranger, Cadet, Captain, Captain 2, Captain 3, Chaplain, Chaplain, Chief Warrant Officer 3, Coast Guard Lieutenant, Colonel, Colonel Financial Management Officer, Commander Surface Warfare Officer, EOD Officer, First Lieutenant, Lance Corporal 1, Lance Corporal 2, LCDR Pilot, Lieutenant Colonel 1, Lieutenant Colonel 2, Major, Master Sergeant Sere Specialist, National Guardsman, Navy Seal 1, Navy Seal 2, Pilot, Reserve Lieutenant Colonel, Second Lieutenant and Senior Chief Petty Officer. [22-10645] (ECF: Daniel Schmid) [Entered: 03/28/2022 12:18 PM] |
| Response to Supplemental Authority (28J) filed by Appellants Commandant, United States Marine Corps, Secretary of the United States Department of Defense, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. [22-10645] (ECF: Sarah Clark) [Entered: 03/28/2022 02:37 PM] |
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ORDER: Appellants Unopposed Motion to Correct Docket and Case Caption is GRANTED. The Clerks Office is directed to remove the following plaintiffs-appellees from the docket: (1) Defense Department Contractor, United States Department of Defense; (2) Federal Civilian Engineer Contractor; (3) Federal Civilian Contractor Employer; (4) Federal Nuclear Contractor Employee; (5) Department of Energy Civilian Nuclear Tech, for themselves and all others similarly situated; (6) Management and Program Analyst, Citizenship and Immigration Services, Department of Homeland Security; and (7) State Department Employee 1. The Clerks Office is further directed to remove the following defendants-appellants from the docket: (1) President of the United States; (2) Administrator, U.S. General Services Administration; (3) Director, U.S. Office of Personnel[] Management; (4) Acting Administrator of the Federal Procurement Policy, Office of Management and Budget; and (5) Chair of the Federal Acquisition Regulatory Council. The removed parties will not appear in the case caption. [ # 9626417-2 ] ENTERED FOR THE COURT - BY DIRECTION (See attached order for complete text) [Entered: 03/25/2022 03:29 PM]
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| Supplemental Authority filed by Appellees Air Force Major, Army Ranger, Cadet, Captain, Captain 2, Captain 3, Chaplain, Chaplain, Chief Warrant Officer 3, Coast Guard Lieutenant, Colonel, Colonel Financial Management Officer, Commander Surface Warfare Officer, Defense Department Contractor, Department of Energy Civilian Nuclear Tech, EOD Officer, Federal Civilian Contractor Employer, Federal Civilian Engineer Contractor, Federal Nuclear Contractor Employee, First Lieutenant, Lance Corporal 1, Lance Corporal 2, LCDR Pilot, Lieutenant Colonel 1, Lieutenant Colonel 2, Major, Management and Program Analyst, Master Sergeant Sere Specialist, National Guardsman, Navy Chief Warrant Officer, Navy Seal 1, Navy Seal 2, Pilot, Reserve Lieutenant Colonel, Second Lieutenant, Senior Chief Petty Officer and Technical Sergeant. [22-10645] (ECF: Daniel Schmid) [Entered: 03/24/2022 03:35 PM] |
| MOTION to Correct Docket and Case Caption filed by Acting Administrator of the Federal Procurement Policy, Office of Management and Budget, Administrator US General Services Administration, Chair of the Federal Acquisition Regulatory Council, Commandant, United States Marine Corps, Director US Office of Personnell Management, President of the United States, Secretary of the United States Department of Defense, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. Motion is Unopposed. [9626417-1] [22-10645] (ECF: Sarah Clark) [Entered: 03/22/2022 05:24 PM] |
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ORDER: Motion for Leave to File Civil Appeal Statement Out of Time filed by Appellants Secretary, US Department of the Army, Secretary US Department of the Air Force, President of the United States, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense, Commandant, United States Marine Corps, Administrator US General Services Administration, Director US Office of Personnell Management, Acting Administrator of the Federal Procurement Policy, Office of Management and Budget and Chair of the Federal Acquisition Regulatory Council is GRANTED by clerk. [ # 9623036-2 ] [Entered: 03/18/2022 04:14 PM]
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| Civil Appeal Statement filed by Attorney Sarah Jane Clark for Appellants Secretary, US Department of the Army, Secretary US Department of the Air Force, President of the United States, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense, Commandant, United States Marine Corps, Administrator US General Services Administration, Director US Office of Personnell Management, Acting Administrator of the Federal Procurement Policy, Office of Management and Budget and Chair of the Federal Acquisition Regulatory Council. [Entered: 03/18/2022 04:15 PM] |
| MOTION for leave to file Civil Appeal Statement out of time filed by Acting Administrator of the Federal Procurement Policy, Office of Management and Budget, Administrator US General Services Administration, Chair of the Federal Acquisition Regulatory Council, Commandant, United States Marine Corps, Director US Office of Personnell Management, President of the United States, Secretary of the United States Department of Defense, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. Motion is Unopposed. [9623036-1] [22-10645] (ECF: Sarah Clark) [Entered: 03/17/2022 06:06 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Sarah Jane Clark for Appellants Acting Administrator of the Federal Procurement Policy, Office of Management and Budget, Administrator US General Services Administration, Chair of the Federal Acquisition Regulatory Council, Commandant, United States Marine Corps, Director US Office of Personnell Management, President of the United States, Secretary of the United States Department of Defense, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [22-10645] (ECF: Sarah Clark) [Entered: 03/17/2022 01:39 PM] |
| Sarah Carroll for Appellants Secretary, US Department of the Army, Secretary US Department of the Air Force, President of the United States, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense, Commandant, United States Marine Corps, Administrator US General Services Administration, Director US Office of Personnell Management, Acting Administrator of the Federal Procurement Policy, Office of Management and Budget and Chair of the Federal Acquisition Regulatory Council, Sarah Jane Clark for Appellants Secretary, US Department of the Army, Secretary US Department of the Air Force, President of the United States, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense, Commandant, United States Marine Corps, Administrator US General Services Administration, Director US Office of Personnell Management, Acting Administrator of the Federal Procurement Policy, Office of Management and Budget and Chair of the Federal Acquisition Regulatory Council, Mr. Casen Ross for Appellants Secretary, US Department of the Army, Secretary US Department of the Air Force, President of the United States, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense, Commandant, United States Marine Corps, Administrator US General Services Administration, Director US Office of Personnell Management, Acting Administrator of the Federal Procurement Policy, Office of Management and Budget and Chair of the Federal Acquisition Regulatory Council, Charles W. Scarborough for Appellants Secretary, US Department of the Army, Secretary US Department of the Air Force, President of the United States, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense, Commandant, United States Marine Corps, Administrator US General Services Administration, Director US Office of Personnell Management, Acting Administrator of the Federal Procurement Policy, Office of Management and Budget and Chair of the Federal Acquisition Regulatory Council and Lowell Sturgill, Jr. for Appellants Secretary, US Department of the Army, Secretary US Department of the Air Force, President of the United States, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense, Commandant, United States Marine Corps, Administrator US General Services Administration, Director US Office of Personnell Management, Acting Administrator of the Federal Procurement Policy, Office of Management and Budget and Chair of the Federal Acquisition Regulatory Council has been notified that upon expiration of fourteen (14) days from this date, this appeal will be dismissed by the clerk without further notice unless the required Civil Appeal Statement has been received. A motion to file the Civil Appeal Statement out of time should also be filed at this time. [Entered: 03/17/2022 12:51 PM] |
| NOTICE OF CIP FILING DEFICIENCY to Sarah Carroll for Secretary, US Department of the Army, Secretary US Department of the Air Force, President of the United States, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense, Commandant, United States Marine Corps, Administrator US General Services Administration, Director US Office of Personnell Management, Acting Administrator of the Federal Procurement Policy, Office of Management and Budget and Chair of the Federal Acquisition Regulatory Council, Sarah Jane Clark for Secretary, US Department of the Army, Secretary US Department of the Air Force, President of the United States, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense, Commandant, United States Marine Corps, Administrator US General Services Administration, Director US Office of Personnell Management, Acting Administrator of the Federal Procurement Policy, Office of Management and Budget and Chair of the Federal Acquisition Regulatory Council, Mr. Casen Ross for Secretary, US Department of the Army, Secretary US Department of the Air Force, President of the United States, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense, Commandant, United States Marine Corps, Administrator US General Services Administration, Director US Office of Personnell Management, Acting Administrator of the Federal Procurement Policy, Office of Management and Budget and Chair of the Federal Acquisition Regulatory Council, Charles W. Scarborough for Secretary, US Department of the Army, Secretary US Department of the Air Force, President of the United States, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense, Commandant, United States Marine Corps, Administrator US General Services Administration, Director US Office of Personnell Management, Acting Administrator of the Federal Procurement Policy, Office of Management and Budget and Chair of the Federal Acquisition Regulatory Council and Lowell Sturgill, Jr. for Secretary, US Department of the Army, Secretary US Department of the Air Force, President of the United States, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy, Secretary of the United States Department of Defense, Commandant, United States Marine Corps, Administrator US General Services Administration, Director US Office of Personnell Management, Acting Administrator of the Federal Procurement Policy, Office of Management and Budget and Chair of the Federal Acquisition Regulatory Council. You are receiving this notice because you have not completed the Certificate of Interested Persons (CIP) via the electronic filing system (CM/ECF). Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the case or appeal under 11th Cir. R. 42-1(b), return of deficient documents without action, or other sanctions on counsel, the party, or both. If you are an appellant or petitioner, upon expiration of 14 days from the date of this notice, your appeal will be dismissed for want of prosecution if the default has not been remedied, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b). If you are an appellee or respondent, no action will be taken on documents submitted until the CIP deficiency is remedied. See 11th Cir. R. 26.1-5. [Entered: 03/17/2022 12:45 PM] |
| Reply to response filed by Appellants Acting Administrator of the Federal Procurement Policy, Office of Management and Budget, Administrator US General Services Administration, Chair of the Federal Acquisition Regulatory Council, Commandant, United States Marine Corps, Director US Office of Personnell Management, President of the United States, Secretary of the United States Department of Defense, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. [22-10645] (ECF: Sarah Clark) [Entered: 03/16/2022 12:01 PM] |
| RESPONSE to Motion to stay pending appeal filed by Appellants Acting Administrator of the Federal Procurement Policy, Office of Management and Budget, Administrator US General Services Administration, Chair of the Federal Acquisition Regulatory Council, Commandant, United States Marine Corps, Director US Office of Personnell Management, President of the United States, Secretary of the United States Department of Defense, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army [ # 9611531-2 ] filed by Attorney Roger K. Gannam for Appellees Air Force Major, Army Ranger, Cadet, Captain, Captain 2, Captain 3, Chaplain, Chaplain, Chief Warrant Officer 3, Coast Guard Lieutenant, Colonel, Colonel Financial Management Officer, Commander Surface Warfare Officer, Defense Department Contractor, Department of Energy Civilian Nuclear Tech, EOD Officer, Federal Civilian Contractor Employer, Federal Civilian Engineer Contractor, Federal Nuclear Contractor Employee, First Lieutenant, Lance Corporal 1, Lance Corporal 2, LCDR Pilot, Lieutenant Colonel 1, Lieutenant Colonel 2, Major, Master Sergeant Sere Specialist, National Guardsman, Navy Chief Warrant Officer, Navy Seal 1, Navy Seal 2, Pilot, Reserve Lieutenant Colonel, Reserve Lieutenant Colonel 1, Reserve Lieutenant Colonel 2, Second Lieutenant, Senior Chief Petty Officer and Technical Sergeant. [22-10645] (ECF: Roger Gannam) [Entered: 03/15/2022 03:47 AM] |
| APPEARANCE of Counsel Form filed by Daniel Joseph Schmid for Air Force Major, Army Ranger, Cadet, Captain, Captain 2, Captain 3, Chaplain, Chaplain, Chief Warrant Officer 3, Coast Guard Lieutenant, Colonel, Colonel Financial Management Officer, Commander Surface Warfare Officer, Defense Department Contractor, Department of Energy Civilian Nuclear Tech, EOD Officer, Federal Civilian Contractor Employer, Federal Civilian Engineer Contractor, Federal Nuclear Contractor Employee, First Lieutenant, Lance Corporal 1, Lance Corporal 2, LCDR Pilot, Lieutenant Colonel 1, Lieutenant Colonel 2, Major, Management and Program Analyst, Master Sergeant Sere Specialist, National Guardsman, Navy Chief Warrant Officer, Navy Seal 1, Navy Seal 2, Pilot, Reserve Lieutenant Colonel, Second Lieutenant, Senior Chief Petty Officer and Technical Sergeant. [22-10645] (ECF: Daniel Schmid) [Entered: 03/14/2022 12:27 PM] |
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ORDER: Before the Court is Appellants Time-Sensitive Motion for Stay Pending Appeal. Appellees are directed to file a response to the motion by Monday, March 14, 2022. ENTERED FOR THE COURT - BY DIRECTION (See attached order for complete text) [Entered: 03/07/2022 09:05 AM]
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| APPEARANCE of Counsel Form filed by Charles W. Scarborough for President Joseph Biden, et al. [22-10645] (ECF: Charles Scarborough) [Entered: 03/04/2022 05:24 PM] |
| APPEARANCE of Counsel Form filed by Anita Staver for Navy Seal 1, et al [22-10645] (ECF: Anita Staver) [Entered: 03/04/2022 10:19 AM] |
| APPEARANCE of Counsel Form filed by Mathew Duane Staver for Air Force Major, Army Ranger, Captain, Chaplain, Coast Guard Lieutenant, Colonel, Colonel Financial Management Officer, Commander Surface Warfare Officer, Defense Department Contractor, Department of Energy Civilian Nuclear Tech, EOD Officer, Federal Civilian Contractor Employer, Federal Civilian Engineer Contractor, Federal Nuclear Contractor Employee, Lance Corporal 1, Lance Corporal 2, Lieutenant Colonel 1, Lieutenant Colonel 2, Major, National Guardsman, Navy Chief Warrant Officer, Navy Seal 1, Navy Seal 2, Reserve Lieutenant Colonel, Second Lieutenant, Senior Chief Petty Officer and Technical Sergeant. [22-10645] (ECF: Mathew Staver) [Entered: 03/03/2022 04:05 PM] |
| APPEARANCE of Counsel Form filed by Roger K. Gannam for Air Force Major, Army Ranger, Cadet, Captain, Captain 2, Captain 3, Chaplain, Chaplain, Chief Warrant Officer 3, Coast Guard Lieutenant, Colonel, Colonel Financial Management Officer, Commander Surface Warfare Officer, Defense Department Contractor, Department of Energy Civilian Nuclear Tech, EOD Officer, Federal Civilian Contractor Employer, Federal Civilian Engineer Contractor, Federal Nuclear Contractor Employee, First Lieutenant, Lance Corporal 1, Lance Corporal 2, LCDR Pilot, Lieutenant Colonel 1, Lieutenant Colonel 2, Major, Master Sergeant Sere Specialist, National Guardsman, Navy Chief Warrant Officer, Navy Seal 1, Navy Seal 2, Pilot, Reserve Lieutenant Colonel, Reserve Lieutenant Colonel 1, Reserve Lieutenant Colonel 2, Second Lieutenant, Senior Chief Petty Officer and Technical Sergeant. [22-10645] (ECF: Roger Gannam) [Entered: 03/03/2022 05:10 PM] |
| TIME SENSITIVE MOTION to stay pending appeal filed by Acting Administrator of the Federal Procurement Policy, Office of Management and Budget, Administrator US General Services Administration, Chair of the Federal Acquisition Regulatory Council, Commandant, United States Marine Corps, Director US Office of Personnell Management, President of the United States, Secretary of the United States Department of Defense, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. Motion is Opposed. [9611531-1] [22-10645] (ECF: Sarah Clark) [Entered: 03/03/2022 04:07 PM] |
| RESPONSE to Motion filed by Appellants Acting Administrator of the Federal Procurement Policy, Office of Management and Budget, Administrator US General Services Administration, Chair of the Federal Acquisition Regulatory Council, Commandant, United States Marine Corps, Director US Office of Personnell Management, President of the United States, Secretary of the United States Department of Defense, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army [ # 9611531-2 ] filed by Attorney Roger K. Gannam for Appellees Air Force Major, Army Ranger, Cadet, Captain, Captain 2, Captain 3, Chaplain, Chaplain, Chief Warrant Officer 3, Coast Guard Lieutenant, Colonel, Colonel Financial Management Officer, Commander Surface Warfare Officer, Defense Department Contractor, Department of Energy Civilian Nuclear Tech, EOD Officer, Federal Civilian Contractor Employer, Federal Civilian Engineer Contractor, Federal Nuclear Contractor Employee, First Lieutenant, Lance Corporal 1, Lance Corporal 2, LCDR Pilot, Lieutenant Colonel 1, Lieutenant Colonel 2, Major, Master Sergeant Sere Specialist, National Guardsman, Navy Chief Warrant Officer, Navy Seal 1, Navy Seal 2, Pilot, Reserve Lieutenant Colonel, Reserve Lieutenant Colonel 1, Reserve Lieutenant Colonel 2, Second Lieutenant, Senior Chief Petty Officer and Technical Sergeant. [22-10645] (ECF: Roger Gannam) [Entered: 03/03/2022 05:13 PM] |
| Reply to response filed by Appellants Acting Administrator of the Federal Procurement Policy, Office of Management and Budget, Administrator US General Services Administration, Chair of the Federal Acquisition Regulatory Council, Commandant, United States Marine Corps, Director US Office of Personnell Management, President of the United States, Secretary of the United States Department of Defense, Secretary US Department of the Air Force, Secretary, Department of Homeland Security, Secretary, U.S. Department of the Navy and Secretary, US Department of the Army. [22-10645] (ECF: Casen Ross) [Entered: 03/03/2022 09:01 PM] |
| APPEARANCE of Counsel Form filed by Sarah J. Clark for President of the United States et al. [22-10645] (ECF: Sarah Clark) [Entered: 03/02/2022 02:15 PM] |
| APPEARANCE of Counsel Form filed by Casen B. Ross for Defendants-Appellants [22-10645] (ECF: Casen Ross) [Entered: 03/02/2022 02:25 PM] |
| APPEARANCE of Counsel Form filed by Sarah Carroll for President of the United States et al. [22-10645] (ECF: Sarah Carroll) [Entered: 03/02/2022 05:18 PM] |
| APPEARANCE of Counsel Form filed by Lowell V. Sturgill Jr. for All Appellants [22-10645] (ECF: Lowell Sturgill) [Entered: 03/02/2022 03:15 PM] |
| CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant Acting Administrator of the Federal Procurement Policy, Office of Management and Budget on 02/25/2022. Fee Status: Fee Not Required. No hearings to be transcribed. The appellant's brief is due on or before 04/11/2022. The appendix is due no later than 7 days from the filing of the appellant's brief. Awaiting Appellant's Certificate of Interested Persons due on or before 03/16/2022 as to Appellant Acting Administrator of the Federal Procurement Policy, Office of Management and Budget. Awaiting Appellee's Certificate of Interested Persons due on or before 03/30/2022 as to Appellee Air Force Major [Entered: 03/02/2022 08:26 AM] |
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