NAVY SEAL 1 et al v. AUSTIN et al
| NAVY SEAL 1, NAVY SEAL 2, NAVY SEAL 3 and NAVY SEAL 4 |
| LLOYD AUSTIN, CARLOS DEL TORO and MICHAEL M. GILDAY |
| 1:2022cv00688 |
| March 11, 2022 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| None |
Docket Report
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This docket was last retrieved on May 6, 2022. A more recent docket listing may be available from PACER.
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Filing 36
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL M. GILDAY served on 4/13/2022 (Muise, Robert)
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Filing 35
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MICHAEL M. GILDAY served on 3/21/2022 (Muise, Robert)
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Filing 34
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CARLOS DEL TORO served on 3/31/2022 (Muise, Robert)
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Filing 33
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LLOYD AUSTIN served on 3/21/2022 (Muise, Robert)
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USCA Case Number 22-5114 for #31 Notice of Interlocutory Appeal, filed by NAVY SEAL 4. (znmw)
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Filing 32
Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re #31 Notice of Interlocutory Appeal. (znmw)
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Filing 31
NOTICE OF INTERLOCUTORY APPEAL as to #30 Memorandum & Opinion, #29 Order on Motion for Preliminary Injunction by NAVY SEAL 4. Filing fee $ 505, receipt number ADCDC-9206249. Fee Status: Fee Paid. Parties have been notified. (Muise, Robert)
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Set/Reset Deadlines: Joint Status Report due by 5/13/2022 indicating how they wish to proceed in this matter. (dot)
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Filing 30
MEMORANDUM OPINION re #29 Order. Signed by Judge Colleen Kollar-Kotelly on April 29, 2022. (lcckk1)
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Filing 29
ORDER denying #14 Motion for Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on April 29, 2022. (lcckk1)
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Filing 28
RESPONSE re #26 and #27 NOTICE of Supplemental Authority Response to Defendants' Notices of Supplemental Authority by NAVY SEAL 4 (Muise, Robert) Modified event title and link on 4/27/2022 (znmw).
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Filing 27
NOTICE OF SUPPLEMENTAL AUTHORITY by LLOYD AUSTIN, CARLOS DEL TORO, MICHAEL M. GILDAY (Attachments: #1 Exhibit)(Carmichael, Andrew)
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Filing 26
NOTICE OF SUPPLEMENTAL AUTHORITY by LLOYD AUSTIN, CARLOS DEL TORO, MICHAEL M. GILDAY (Attachments: #1 Exhibit 1)(Carmichael, Andrew)
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Filing 25
REPLY to opposition to motion re #14 MOTION for Preliminary Injunction filed by NAVY SEAL 4. (Muise, Robert)
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Filing 24
NOTICE OF FILING REDACTED DOCUMENT to #22 Response to motion,, by LLOYD AUSTIN, CARLOS DEL TORO, MICHAEL M. GILDAY (Attachments: #1 Exhibit 13)(Carmichael, Andrew)
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Filing 23
SEALED DOCUMENT (Exhibit 13) filed by LLOYD AUSTIN, CARLOS DEL TORO, MICHAEL M. GILDAY re #22 Response to motion filed by MICHAEL M. GILDAY, CARLOS DEL TORO, LLOYD AUSTIN. (This document is SEALED and only available to authorized persons.)(znmw)
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MINUTE ORDER: Before the Court is Defendants' sealed and unopposed #21 Sealed Motion for Leave to File Exhibit Under Seal. Defendants seek leave to file under seal Exhibit 13, a declaration by a Navy Captain holding a leadership position within the Naval Special Warfare Development Group on the grounds that revealing his identity and role "may compromise past and future training and augmentations, resulting in potential harm to U.S. national security." In light of that representation and Plaintiffs' lack of opposition, Defendants' #21 Motion is GRANTED. However, given "the strong presumption in favor of public access to judicial proceedings" and the weighty issues of public concern in this case, see EEOC v. Nat'l Childrens' Ctr., Inc., 98 F.3d 1406, 1409 (D.C. Cir. 1996), it is further ORDERED that Defendants shall, on or before April 15, 2022, file a redacted copy of Exhibit 13 on the public docket. Signed by Judge Colleen Kollar-Kotelly on April 9, 2022. (lcckk1)
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Filing 22
RESPONSE re #14 MOTION for Preliminary Injunction filed by LLOYD AUSTIN, CARLOS DEL TORO, MICHAEL M. GILDAY. (Attachments: #1 Exhibit Table, #2 Exhibit 1 - Sec. Def. Message, #3 Exhibit 2 - Sec. Def. Memo, #4 Exhibit 3 - ALNAV, #5 Exhibit 4 - NAVADMIN, #6 Exhibit 5 - RA Policy, #7 Exhibit 6 - Merz Decl., #8 Exhibit 7 - Littlejohn Decl., #9 Exhibit 8 - Stanley Decl., #10 Exhibit 9 - Rans Decl., #11 Exhibit 10 - Yun Decl., #12 Exhibit 11 - Shaffer Decl., #13 Exhibit 12 - Lescher Decl., #14 Exhibit 13 (under seal), #15 Exhibit 14 - Short Order, #16 Exhibit 15 - Dunn Order, #17 Exhibit 16 - Malanoski Decl.)(Snyder, Cassie)
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Filing 21
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by LLOYD AUSTIN, CARLOS DEL TORO, MICHAEL M. GILDAY (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit 13 - SEAL 4 Command Decl., #2 Text of Proposed Order)(Snyder, Cassie)
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MINUTE ORDER: On March 25, 2022, the Court entered a #17 Order granting the parties' #16 Joint Motion to Set Briefing Schedule for Plaintiff Navy SEAL 4's Motion for Preliminary Injunction. In doing so, the Court adopted the parties proposed briefing dates: Defendants' opposition on or before April 8, 2022, and Plaintiff's reply on or before April 15, 2022. Pursuant to LCvR 65.1(d), "a hearing on an application for preliminary injunction shall be set by the Court no later than 21 days after its filing, unless the Court earlier decides the motion on the papers or makes a finding that a later hearing date will not prejudice the parties." The Court calculates the 21-day deadline as April 15, 2022, when Plaintiff Navy SEAL 4's reply brief is presently due. In adopting the parties proposed briefing, the Court assumed that the parties agreed that an expeditious resolution of Plaintiff Navy SEAL 4's #14 Motion for Preliminary Injunction would "not prejudice the parties" and implicitly so found. If, in fact, either of the parties intends the 21-day deadline set forth in LCvR 65.1(d) to apply in this matter, they shall file such a notice on the docket on or before 4:00 PM ET April 7, 2022 indicating that either or both parties would be prejudiced by an expeditious ruling on the #14 Motion after a reply filed on or before April 15, 2022. If either or both parties files such a notice, then Defendants' opposition shall be due on or before noon April 8, 2022, and Plaintiff Navy SEAL 4's reply due on or before noon April 11, 2022. If the parties do not believe they will be prejudiced by expeditious resolution after a reply filed on or before April 15, 2022, then they need not file such a notice, and the Court will expeditiously rule on the #14 Motion after Plaintiff Navy SEAL 4's reply is filed on or before April 15, 2022. Signed by Judge Colleen Kollar-Kotelly on April 6, 2022. (lcckk1)
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Filing 19
NOTICE OF FILING REDACTED DOCUMENT to #14 MOTION for Preliminary Injunction Exhibit 1 - Declaration of Navy SEAL 4 with Exhibits A - F by NAVY SEAL 4 (Attachments: #1 Exhibit 1 - Declaration of Navy SEAL 4 with Exhibits A - F)(Muise, Robert)
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Filing 20
SEALED DOCUMENT (Declaration with Exhibits A-F) filed by NAVY SEAL 4. (This document is SEALED and only available to authorized persons.)(znmw)
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Filing 18
Joint RESPONSE TO COURT ORDER by NAVY SEAL 1, NAVY SEAL 2, NAVY SEAL 3, NAVY SEAL 4 re Order. (Muise, Robert) Modified on 3/31/2022 (znmw).
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MINUTE ORDER: The Court is in receipt of the parties' #18 Joint Response to Court Order, in which they "concur with placing on the docket a sealed, unredacted version of the exhibits at issue and a public, redacted version of the exhibits at issue." Accordingly, it is hereby ORDERED that Plaintiff Navy Seal 4's #15 Motion is GRANTED. It is further ORDERED that Plaintiff shall file on the docket, on or before April 8, 2022, a redacted version of the exhibits appended to his #15 Motion. Signed by Judge Colleen Kollar-Kotelly on March 30, 2022. (lcckk1)
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MINUTE ORDER: Pending before the Court is Plaintiff Navy Seal 4's sealed #15 Motion to File Document Under Seal. Plaintiff seeks leave to file exhibits identifying him under seal per the Court's #2 Order allowing him to proceed pseudonymously. Plaintiff argues that "redacting each and every reference would be cumbersome, and it would likely make the documents difficult to read and fully comprehend." Mot. at 2. The Government has indicated it does not oppose this #15 Motion. Given, however, the "strong presumption in favor of public access to judicial proceedings" and the weighty issues of public concern in this case, see EEOC v. Natl Childrens Ctr., Inc., 98 F.3d 1406, 1409 (D.C. Cir. 1996), the parties shall, on or before March 31, 2022, indicate their position on placing on the docket (1) a sealed, unredacted version of the exhibits at issue and (2) a public, redacted version of the exhibits at issue. Signed by Judge Colleen Kollar-Kotelly on March 29, 2022. (lcckk1)
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Filing 17
ORDER granting #16 Motion for Briefing Schedule. Opposition due April 8, 2022 and reply due April 15, 2022. Signed by Judge Colleen Kollar-Kotelly on March 25, 2022. (lcckk1)
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Filing 16
Joint MOTION for Briefing Schedule for Plaintiff Navy SEAL 4's Motion for Preliminary Injunction by NAVY SEAL 4. (Attachments: #1 Text of Proposed Order)(Muise, Robert)
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Filing 15
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by NAVY SEAL 4 (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit -1 Declaration of Navy SEAL 4 with Exhibits A through F, #2 Text of Proposed Order)(Muise, Robert)
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Filing 14
MOTION for Preliminary Injunction by NAVY SEAL 4. (Attachments: #1 Memorandum in Support, #2 Exhibit -1 Declaration of Navy SEAL 4 [place holder - to be filed under seal], #3 Exhibit - 2 Declaration of Dr. Peter A. McCullough, #4 Text of Proposed Order)(Muise, Robert)
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Set/Reset Deadlines: Opposition to #14 due by 4/8/2022. Reply to #14 due by 4/15/2022. (dot)
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Filing 13
ORDER granting #12 Motion for Protective Order. Signed by Judge Colleen Kollar-Kotelly on March 18, 2022. (lcckk1)
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Filing 12
Joint MOTION for Protective Order by NAVY SEAL 1, NAVY SEAL 2, NAVY SEAL 3, NAVY SEAL 4. (Attachments: #1 Text of Proposed Order (Protective Order))(Muise, Robert)
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Filing 11
NOTICE of Appearance by Andrew Evan Carmichael on behalf of All Defendants (Carmichael, Andrew)
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Filing 10
NOTICE of Appearance by Cassie Snyder on behalf of All Defendants (Snyder, Cassie)
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Filing 9
NOTICE of Appearance by Michael Patrick Clendenen on behalf of LLOYD AUSTIN, CARLOS DEL TORO, MICHAEL M. GILDAY (Clendenen, Michael)
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Filing 8
NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny)
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Filing 7
SEALED DOCUMENT filed by NAVY SEAL 1, NAVY SEAL 2, NAVY SEAL 3, NAVY SEAL 4 re #2 Order on Motion for Leave to Proceed Under Pseudonym (This document is SEALED and only available to authorized persons.)(Muise, Robert)
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Filing 6
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 3/15/2022. (DM)
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Filing 5
SUMMONS (3) Issued Electronically as to LLOYD AUSTIN, CARLOS DEL TORO, MICHAEL M. GILDAY. (Attachments: #1 Notice and Consent)(znmw)
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Payment for #3 Complaint. ($402; Receipt number ADCDC-9102843). (Muise, Robert)
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Filing 4
NOTICE OF RELATED CASE by NAVY SEAL 1, NAVY SEAL 2, NAVY SEAL 3, NAVY SEAL 4. Case related to Case No. 21-2815. (znmw)
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Filing 3
COMPLAINT against LLOYD AUSTIN, CARLOS DEL TORO, MICHAEL M. GILDAY ( Filing fee $ 402, receipt number TBD) filed by NAVY SEAL 4, NAVY SEAL 1, NAVY SEAL 3, NAVY SEAL 2. (Attachments: #1 Civil Cover Sheet)(znmw)
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Filing 2
MEMORANDUM AND ORDER granting #1 Motion for Leave to Proceed Under Pseudonym. Signed by Chief Judge Beryl A. Howell on 3/11/2022. (znmw)
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Filing 1
MOTION to Proceed Under Pseudonym by NAVY SEAL 1, NAVY SEAL 2, NAVY SEAL 3, NAVY SEAL 4. (Attachments: #1 Text of Proposed Order)(znmw)
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