Jaskirat Singh, et al v. David Berger, et al
| Sukhbir Singh Toor |
| Jaskirat Singh, Aekash Singh and Milaap Singh Chahal |
| David H. Berger, in his official capacity as the Commandant of the Marine Corps, Lloyd J. Austin, III, in his official capacity as Secretary of the U.S. Department of Defense, United States Department of Defense, Carlos Del Toro, in his official capacity as Secretary of the U.S. Navy, United States Department of the Navy, Eric M. Smith, in his official capacity as Assistant Commandant of the Marine Corps and David A. Ottignon, in his official capacity as Deputy Commandant of Manpower and Reserve Affairs |
| Sikh American Veterans Alliance, Women Veterans and Families Network, Anti-Defamation League, Interfaith Alliance, Jewish Coalition for Religious Liberty, American Islamic Congress, Muslim Public Affairs Council, Jacob Goldstein, Chaplain, Eric K. Fanning, Mark Hertling, Lieutenant General, R. Patrick Huston, Brigadier General, Jeffrey Kendall, Brigadier General and Aleph Institute |
| 22-5234 |
| September 8, 2022 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Civil Rights |
Docket Report
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MANDATE ISSUED to Clerk, U.S. District Court. [22-5234] [Entered: 01/25/2023 09:28 AM]
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OPINION [1978908] filed (Pages: 40) for the Court by Judge Millett [22-5234] [Entered: 12/23/2022 10:38 AM]
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PER CURIAM ORDER [1978909] filed dismissing as moot appellants' motion to supplement record in light of the court's opinion issued herein this date [ # 1971159-2 ]. Before Judges: Millett, Rao and Childs. [22-5234] [Entered: 12/23/2022 10:39 AM]
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PER CURIAM JUDGMENT [1978907] filed that the District Courts denial of preliminary injunctive relief for Jaskirat Singh and Milaap Chahal be reversed; and the case be remanded to the District Court for the prompt entry of a preliminary injunction requiring the Marine Corps to allow Jaskirat Singh and Milaap Chahal to enlist without shaving their heads or beards and while bearing those articles of faith that the Government failed to argue against on appeal and for further consideration of Aekash Singhs request for a preliminary injunction in light of the opinion filed herein this date and the declaration recently filed in District Court addressing the timing of Aekash Singhs desired accession into the Marine Corps, for the reasons in the accompanying opinion. It is FURTHER ORDERED that any petition for rehearing and/or rehearing en banc is due by January 17, 2023 . Before Judges: Millett, Rao and Childs. [22-5234] [Entered: 12/23/2022 10:35 AM]
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CLERK'S ORDER [1978910] filed withholding issuance of the mandate. [22-5234] [Entered: 12/23/2022 10:40 AM]
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TRANSCRIPT [1976485] of oral argument (For Internal Use Only: Transcript is only available to court staff) . [22-5234] [Entered: 12/06/2022 12:36 PM]
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ORAL ARGUMENT HELD before Judges Millett, Rao and Childs. [22-5234] [Entered: 11/29/2022 10:46 AM]
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LETTER [1975282] pursuant to FRAP 28j advising of additional authorities filed by Jaskirat Singh, Milaap Singh Chahal and Aekash Singh [Service Date: 11/28/2022 ] [22-5234] (Baxter, Eric) [Entered: 11/28/2022 06:16 PM]
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APPELLANT REPLY BRIEF [1974832] filed by Milaap Singh Chahal, Aekash Singh and Jaskirat Singh [Service Date: 11/22/2022 ] Length of Brief: 6,408 Words. [22-5234] (Baxter, Eric) [Entered: 11/22/2022 04:33 PM]
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REPLY [1973829] filed by Milaap Singh Chahal, Aekash Singh and Jaskirat Singh to response [ # 1972564-2 ] [Service Date: 11/15/2022 by CM/ECF NDA] Length Certification: 686 words. [22-5234] (Baxter, Eric) [Entered: 11/15/2022 05:37 PM]
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APPELLEE BRIEF [1973565] filed by Lloyd J. Austin, III, David H. Berger, Carlos Del Toro, DOD, DON, David A. Ottignon and Eric M. Smith [Service Date: 11/14/2022 ] Length of Brief: 8,668 words. [22-5234] (Springer, Brian) [Entered: 11/14/2022 04:07 PM]
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FORM 72 submitted by arguing attorney, Brian J. Springer, on behalf of Appellees Lloyd J. Austin, III, David H. Berger, Carlos Del Toro, DOD, DON, David A. Ottignon and Eric M. Smith (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [22-5234] (Springer, Brian) [Entered: 11/13/2022 11:18 AM]
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FORM 72 submitted by arguing attorney, Eric Shawn Baxter, on behalf of Appellants Milaap Singh Chahal, Aekash Singh and Jaskirat Singh (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [22-5234] (Baxter, Eric) [Entered: 11/10/2022 12:24 PM]
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PER CURIAM ORDER [1972827] filed allocating oral argument time as follows: Appellants- 20 Minutes, Appellees - 20 Minutes; directing party to file Form 72 notice of arguing attorney by 11/14/2022 [22-5234] [Entered: 11/09/2022 10:22 AM]
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RESPONSE IN OPPOSITION [1972564] to motion [ # 1971159-2 ] filed by Lloyd J. Austin, III, David H. Berger, Carlos Del Toro, DOD, DON, David A. Ottignon and Eric M. Smith [Service Date: 11/07/2022 by CM/ECF NDA] Length Certification: 553 words. [22-5234] (Springer, Brian) [Entered: 11/07/2022 09:51 PM]
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AMICUS FOR APPELLANT BRIEF [1971130] filed by Interfaith Alliance, Anti-Defamation League and Jewish Coalition for Religious Liberty [Service Date: 10/28/2022 ] Length of Brief: 4,147 word. [22-5234]--[Edited 11/01/2022 by AH] (Petron, David) [Entered: 10/28/2022 04:18 PM]
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AMICUS FOR APPELLANT BRIEF [1971128] filed by Jacob Goldstein [Service Date: 10/28/2022 ] Length of Brief: 3,204 Words. [22-5234]--[Edited 11/01/2022 by AH] (Spencer, Jacob) [Entered: 10/28/2022 04:12 PM]
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AMICUS FOR APPELLANT BRIEF [1971112] filed by American Islamic Congress and Muslim Public Affairs Council [Service Date: 10/28/2022 ] Length of Brief: 2,645 Words. [22-5234]--[Edited 11/01/2022 by AH] (Flores, Kelsey) [Entered: 10/28/2022 03:18 PM]
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APPELLANT BRIEF [1971142] filed by Milaap Singh Chahal, Aekash Singh and Jaskirat Singh [Service Date: 10/28/2022 ] Length of Brief: 11,722 Words. [22-5234] (Baxter, Eric) [Entered: 10/28/2022 04:48 PM]
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AMICUS FOR APPELLANT BRIEF [1971152] filed by Sikh American Veterans Alliance and Women Veterans and Families Network [Service Date: 10/28/2022 ] Length of Brief: 6,407 words. [22-5234]--[Edited 11/01/2022 by AH] (Salgado, Richard) [Entered: 10/28/2022 05:37 PM]
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MOTION [1971159] to supplement record filed by Milaap Singh Chahal, Aekash Singh and Jaskirat Singh (Service Date: 10/28/2022 by CM/ECF NDA) Length Certification: 491 Words. [22-5234] (Baxter, Eric) [Entered: 10/28/2022 06:27 PM]
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JOINT APPENDIX [1971145] filed by Aekash Singh, Jaskirat Singh and Milaap Singh Chahal [Volumes: 3] [Service Date: 10/28/2022 ] [22-5234] (Baxter, Eric) [Entered: 10/28/2022 04:59 PM]
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AMICUS FOR APPELLANT BRIEF [1971158] filed by Eric K. Fanning, Mark Hertling, R. Patrick Huston and Jeffrey Kendall [Service Date: 10/28/2022 ] Length of Brief: 4,126 words. [22-5234]--[Edited 11/01/2022 by AH] (Storslee, Mark) [Entered: 10/28/2022 06:24 PM]
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CLERK'S ORDER [1970565] filed granting motion of Jewish Coalition for Religious Liberty for leave to participate as amici curiae [ # 1968359-2 ] [22-5234] [Entered: 10/25/2022 06:09 PM]
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TRANSCRIPT [1970262] of oral argument (For Internal Use Only: Transcript is only available to court staff) . [22-5234] [Entered: 10/24/2022 02:13 PM]
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ENTRY OF APPEARANCE [1968563] filed by Eric Shawn Baxter and co-counsel Diana Verm Thomson; Daniel Dunkley Benson on behalf of Appellants Milaap Singh Chahal, Aekash Singh and Jaskirat Singh. [22-5234] (Baxter, Eric) [Entered: 10/12/2022 01:31 PM]
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PER CURIAM ORDER [1968488] filed denying motion of Aleph Institute to participate as amicus curiae [ # 1966840-2 ] without prejudice to renewal of the motion to appear as amicus curiae in support of the appellants merits brief on the date designated below; granting appellants' motion to expedite the appeal; The emergency motion for an injunction pending appeal is denied because appellants, who requested expedition in the alternative, have not demonstrated that injunctive relief is warranted given the highly expedited schedule for this appeal [ # 1965919-2 ], setting briefing schedule: APPELLANT Brief due 10/28/2022. APPENDIX due 10/28/2022. Brief(s) for Amicus Curiae in support of Appellants due 10/28/2022. APPELLEE Brief due on 11/14/2022. Brief(s) for Amicus Curiae, if any, in support of Appellees due 11/14/2022. APPELLANT Reply Brief due 11/23/2022. (SEE ORDER FOR DETAILS); scheduling oral argument on Tuesday, 11/29/2022. Before Judges: Millett, Rao and Childs. [22-5234] [Entered: 10/12/2022 10:03 AM]
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ENTRY OF APPEARANCE [1968561] filed by Eric Shawn Baxter and co-counsel Daniel Howard Blomberg; Laura Elizabeth Wolk on behalf of Appellants Aekash Singh, Jaskirat Singh and Milaap Singh Chahal. [22-5234] (Baxter, Eric) [Entered: 10/12/2022 01:28 PM]
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ORAL ARGUMENT HELD before Judges Millett, Rao and Childs. [22-5234] [Entered: 10/11/2022 02:38 PM]
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CONSENT NOTICE [1968320] of intention to participate as amicus curiae [Disclosure Listing: Attached] filed by Women Veterans and Families Network and Sikh American Veterans Alliance [Service Date: 10/11/2022 ] [22-5234]--[Edited 10/12/2022 by AH] (Salgado, Richard) [Entered: 10/11/2022 12:37 PM]
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MOTION [1968359] to participate as amicus curiae [Disclosure Listing: Attached] filed by Interfaith Alliance, Anti-Defamation League and Jewish Coalition for Religious Liberty [Service Date: 10/11/2022 ] [22-5234]--[Edited 10/12/2022 by AH] (Petron, David) [Entered: 10/11/2022 03:12 PM]
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STATEMENT OF ISSUES [1968098] filed by Jaskirat Singh, Aekash Singh and Milaap Singh Chahal [Service Date: 10/07/2022 ] [22-5234] (Baxter, Eric) [Entered: 10/07/2022 02:13 PM]
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DOCKETING STATEMENT [1968097] filed by Jaskirat Singh, Aekash Singh and Milaap Singh Chahal [Service Date: 10/07/2022 ] [22-5234] (Baxter, Eric) [Entered: 10/07/2022 02:12 PM]
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TRANSCRIPT STATUS REPORT [1968103] filed by Jaskirat Singh, Aekash Singh and Milaap Singh Chahal [Service Date: 10/07/2022 ]. Status of Transcripts: Final - All transcripts needed for the appeal have been completed and received. [22-5234] (Baxter, Eric) [Entered: 10/07/2022 02:19 PM]
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CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1968104] filed by Jaskirat Singh, Aekash Singh and Milaap Singh Chahal [Service Date: 10/07/2022 ] [22-5234] (Baxter, Eric) [Entered: 10/07/2022 02:20 PM]
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FORM 72 submitted by arguing attorney, Brian J. Springer, on behalf of Appellees Lloyd J. Austin, III, David H. Berger, Carlos Del Toro, DOD, DON, David A. Ottignon and Eric M. Smith (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [22-5234] (Springer, Brian) [Entered: 10/05/2022 02:14 PM]
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FORM 72 submitted by arguing attorney, Eric Baxter, on behalf of Appellee Sukhbir Singh Toor and Appellants Jaskirat Singh, Aekash Singh and Milaap Singh Chahal (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [22-5234] (Baxter, Eric) [Entered: 10/05/2022 11:39 AM]
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PER CURIAM ORDER [1967527] filed scheduling oral argument on Tuesday, 10/11/2022, at 1:00 P.M.., allocating oral argument time as follows: Appellants - 15 Minutes, Appellees - 15 Minutes. One counsel per side to argue; directing party to file Form 72 notice of arguing attorney by 10/06/2022 [22-5234] [Entered: 10/04/2022 05:32 PM]
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REPLY [1967116] filed by Milaap Singh Chahal, Jaskirat Singh and Aekash Singh to response [ # 1966895-2 ] [Service Date: 10/03/2022 by CM/ECF NDA] Length Certification: 2,564 Words. [22-5234] (Baxter, Eric) [Entered: 10/03/2022 10:16 AM]
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RESPONSE IN OPPOSITION [1966895] to motion for injunction [ # 1965919-2 ] filed by Lloyd J. Austin, III, David H. Berger, Carlos Del Toro, DOD, DON, David A. Ottignon and Eric M. Smith [Service Date: 09/30/2022 by CM/ECF NDA] Length Certification: 4,706 words. [22-5234] (Springer, Brian) [Entered: 09/30/2022 10:09 AM]
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CORRECTED AMICUS FOR APPELLANT BRIEF [1966918] lodged by Aleph Institute [Service Date: 09/30/2022 ] Length of Brief: 2381. [22-5234]--[Edited 09/30/2022 by AH--MODIFIED EVENT FROM FILED TO LODGED] (Walsh, Michael) [Entered: 09/30/2022 11:22 AM]
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MOTION [1966840] to participate as amicus curiae [Disclosure Listing: Attached] filed by Aleph Institute [Service Date: 09/29/2022 ] [22-5234]--[Edited 09/30/2022 by AH] (Walsh, Michael) [Entered: 09/29/2022 06:38 PM]
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CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1966707] filed by Lloyd J. Austin, III, David H. Berger, Carlos Del Toro, DOD, DON, David A. Ottignon and Eric M. Smith [Service Date: 09/29/2022 ] [22-5234] (Springer, Brian) [Entered: 09/29/2022 01:07 PM]
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[LEAVE TO FILE DENIED BY ORDER OF 10/12/2022]--AMICUS FOR APPELLANT BRIEF [1966879] lodged by Aleph Institute [Service Date: 09/29/2022 ] Length of Brief: 2382 words. [22-5234]--[Edited 10/12/2022 by SHA] [Entered: 09/30/2022 09:33 AM]
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PER CURIAM ORDER [1966104] filed ORDERED that appellees file a response to the emergency motion by 12:00 noon on Friday, September 30, 2022. Any reply is due by 12:00 noon on Monday, October 3, 2022. The parties are directed to hand-deliver the paper copies of their submissions to the court by the time and date due. Before Judges: Millett, Rao and Childs. [22-5234] [Entered: 09/26/2022 02:28 PM]
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EMERGENCY MOTION [1965919] for injunction filed by Jaskirat Singh, Aekash Singh and Milaap Singh Chahal (Service Date: 09/23/2022 by CM/ECF NDA) Length Certification: 5,164 words. [22-5234] (Baxter, Eric) [Entered: 09/23/2022 04:49 PM]
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ENTRY OF APPEARANCE [1965920] filed by Eric S. Baxter on behalf of Appellants Jaskirat Singh, Aekash Singh and Milaap Singh Chahal. [22-5234] (Baxter, Eric) [Entered: 09/23/2022 05:05 PM]
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ENTRY OF APPEARANCE [1964948] filed by Brian J. Springer and co-counsel Michael S. Raab on behalf of Appellees Lloyd J. Austin, III, David H. Berger, Carlos Del Toro, DOD, DON, David A. Ottignon and Eric M. Smith. [22-5234] (Springer, Brian) [Entered: 09/19/2022 07:16 PM]
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NOTICE OF APPEAL [1962690] seeking review of a decision by the U.S. District Court in 1:22-cv-01004-RJL filed by Milaap Singh Chahal, Aekash Singh and Jaskirat Singh. Appeal assigned USCA Case Number: 22-5234. [22-5234] [Entered: 09/08/2022 04:12 PM]
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CLERK'S ORDER [1962692] filed directing party to file initial submissions: APPELLANT docketing statement due 10/11/2022. APPELLANT certificate as to parties due 10/11/2022. APPELLANT statement of issues due 10/11/2022. APPELLANT underlying decision due 10/11/2022. APPELLANT deferred appendix statement due 10/11/2022. APPELLANT entry of appearance due 10/11/2022. APPELLANT transcript status report due 10/11/2022. APPELLANT procedural motions due 10/11/2022. APPELLANT dispositive motions due 10/24/2022; directing party to file initial submissions: APPELLEE certificate as to parties due 10/11/2022. APPELLEE entry of appearance due 10/11/2022. APPELLEE procedural motions due 10/11/2022. APPELLEE dispositive motions due 10/24/2022 [22-5234] [Entered: 09/08/2022 04:14 PM]
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US CIVIL CASE docketed. [22-5234] [Entered: 09/08/2022 04:07 PM]
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