CREAGHAN v. AUSTIN et al
Plaintiff: Officer in the United States Space Force and MARIELLA CREAGHAN
Defendant: LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, Stephen Whiting and STEPHEN N. WHITING
Case Number: 1:2022cv00981
Filed: April 8, 2022
Court: US District Court for the District of Columbia
Presiding Judge: Colleen Kollar-Kotelly
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 2000 Religion
Jury Demanded By: None
Docket Report

This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 3, 2022 Opinion or Order MINUTE ORDER: The Court is in receipt of the parties' #37 Joint Status Report. The parties represent that Plaintiff "served the Individual Capacity Defendants on May 23, 2022, whose deadline to respond to the complaint is July 22, 2022." The parties further ask the Court to stay proceedings as to Defendants in their official capacity. No affidavit of service has been filed, however, so the Court cannot determine the deadline for Defendants to respond to the #7 Complaint. Accordingly, Plaintiff shall file her purported affidavit(s) of service on or before June 10, 2022. No stay shall issue as to any Defendant until Plaintiff perfects service. Pursuant to Federal Rule of Civil Procedure 4(m), the Court further notes that Plaintiff's deadline to perfect service is July 14, 2022. Signed by Judge Colleen Kollar-Kotelly on June 3, 2022. (lcckk1)
June 2, 2022 Opinion or Order Filing 37 Joint STATUS REPORT by MARIELLA CREAGHAN. (Mersino, Erin)
June 1, 2022 Opinion or Order Filing 36 NOTICE of Appearance by Daniel Luecke on behalf of ROBERT I. MILLER, STEPHEN N. WHITING (Luecke, Daniel) (Main Document 36 replaced on 6/1/2022) (znmw).
May 26, 2022 Opinion or Order Filing 35 MEMORANDUM OPINION re #34 Order. Signed by Judge Colleen Kollar-Kotelly on May 26, 2022. (lcckk1)
May 26, 2022 Opinion or Order Filing 34 ORDER denying #29 Motion for Injunction Pending Appeal. An accompanying Memorandum Opinion follows. Signed by Judge Colleen Kollar-Kotelly on May 26, 2022. (lcckk1)
May 24, 2022 Opinion or Order Filing 33 REPLY to opposition to motion re #29 MOTION for Injunction Pending Appeal - Expedited Relief Requested filed by MARIELLA CREAGHAN. (Mersino, Erin)
May 23, 2022 Opinion or Order Filing 32 Memorandum in opposition to re #29 MOTION for Injunction Pending Appeal - Expedited Relief Requested filed by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Snyder, Cassie)
May 20, 2022 Opinion or Order USCA Case Number 22-5135 for #28 Notice of Appeal to DC Circuit Court, filed by MARIELLA CREAGHAN. (znmw)
May 19, 2022 Opinion or Order Set/Reset Deadlines: Defendants' Opposition to #29 due by 5/23/2022. Plaintiff's Reply to #29 due by 5/24/2022. (dot)
May 19, 2022 Opinion or Order Filing 31 NOTICE of Appearance by Chibogu Nneka Nzekwu on behalf of ROBERT I. MILLER, STEPHEN N. WHITING (Nzekwu, Chibogu)
May 19, 2022 Opinion or Order Filing 30 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 #28 Notice of Appeal to DC Circuit Court. (znmw)
May 19, 2022 Opinion or Order MINUTE ORDER: The Court is in receipt of Plaintiff's #29 Motion for Injunction Pending Appeal. Plaintiff "requests expedited consideration" of her request for an injunction pending appeal of the Court's #26 Order denying preliminary relief. As such, the Court sets the following expedited briefing schedule: Defendants shall file their opposition to Plaintiff's #29 Motion on or before May 23, 2022, and Plaintiff shall file her reply in support of her #29 Motion on or before May 24, 2022. Signed by Judge Colleen Kollar-Kotelly on May 19, 2022. (lcckk1)
May 18, 2022 Opinion or Order Filing 29 MOTION for Injunction Pending Appeal - Expedited Relief Requested by MARIELLA CREAGHAN. (Attachments: #1 Text of Proposed Order)(Thompson, Richard)
May 18, 2022 Opinion or Order Filing 28 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #26 Order on Motion for TRO,, Order on Motion for Preliminary Injunction, #27 Memorandum & Opinion by MARIELLA CREAGHAN. Filing fee $ 505, receipt number ADCDC-9247881. Fee Status: Fee Paid. Parties have been notified. (Thompson, Richard)
May 12, 2022 Opinion or Order Filing 27 MEMORANDUM OPINION re #26 Order. Signed by Judge Colleen Kollar-Kotelly on May 12, 2022. (lcckk1) (Main Document 27 replaced on 5/13/2022 to correct case number on document) (kt).
May 12, 2022 Opinion or Order Filing 26 ORDER denying #11 Motion. Joint status report as to how the parties intend to proceed due June 2, 2022. Signed by Judge Colleen Kollar-Kotelly on May 12, 2022. (lcckk1) (Main Document 26 replaced on 5/13/2022 to correct case number on document) (kt).
May 12, 2022 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 6/2/2022. (kt)
May 4, 2022 Opinion or Order Filing 25 SUPPLEMENTAL MEMORANDUM to re #11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MARIELLA CREAGHAN. (Mersino, Erin)
May 4, 2022 Opinion or Order Filing 24 SUPPLEMENTAL MEMORANDUM to re Order,, Addressing Navy SEAL v. Austin filed by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Yang, Catherine)
May 2, 2022 Opinion or Order Filing 23 REPLY to opposition to motion re #11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MARIELLA CREAGHAN. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Mersino, Erin)
May 2, 2022 Opinion or Order MINUTE ORDER: Pending before the Court is Plaintiff's #11 Motion for Temporary Restraining Order and/or Preliminary Injunction. On April 29, 2022, the Court entered a Memorandum Opinion on a similar motion for preliminary relief pending in Navy SEAL v. Austin, 22-cv-688 (D.D.C.). Because the issues in these two cases are quite similar, the Court shall provide either party the option to file, on or before May 4, 2022, supplemental briefing of no longer than ten double-spaced pages addressing that Memorandum Opinion. Such supplemental briefing is entirely optional. Signed by Judge Colleen Kollar-Kotelly on May 2, 2022. (lcckk1)
May 2, 2022 Opinion or Order Set/Reset Deadlines: Supplemental Briefing due by 5/4/2022. (dot)
April 29, 2022 Opinion or Order Filing 22 Memorandum in opposition to re #11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Attachments: #1 Exhibit Table, #2 Exhibit 1 - Stanley Decl., #3 Exhibit 2 - Rans Decl., #4 Exhibit 3 - Chapa Decl., #5 Exhibit 4 - Streett Decl., #6 Exhibit 5 - Little Decl., #7 Exhibit 6 - Hernandez Decl., #8 Exhibit 7 - Poel Decl., #9 Exhibit 8 - Angelo Decl., #10 Exhibit 9 - Shipton Decl., #11 Exhibit 10 - Schneider Decl., #12 Exhibit 11 - Dunn Op., #13 Exhibit 12 - RAR Package)(Snyder, Cassie)
April 27, 2022 Opinion or Order Filing 21 ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 04/27/22. (DM)
April 27, 2022 Opinion or Order Filing 20 NOTICE by MARIELLA CREAGHAN re Order,,,,, (Thompson, Richard)
April 27, 2022 Opinion or Order MINUTE ORDER: The Court is in receipt of Plaintiff's #20 Notice. Therein, Plaintiff writes that she "cannot make the blanket attestation that delay [of a ruling to May 13, 2022] will not cause her prejudice," but nevertheless continues to consent to the parties' joint proposed briefing schedule requiring a ruling on Plaintiff's #11 Motion for a Temporary Restraining Order and/or Preliminary Injunction on or before May 13, 2022. Plaintiff appears to fear that Defendants may commence separation proceedings on May 13, 2022. Defendants represented in the parties' #10 Joint Motion that they would not commence separation proceedings until "[a]fter May 13, 2022." Accordingly, pursuant to LCvR 65.1(d), the Court finds that the parties would not suffer sufficient prejudice to warrant departure from the parties' joint proposed briefing schedule. Defendants shall file their opposition to Plaintiff's #11 Motion on or before April 29, 2022, and Plaintiff shall file her reply in support of her #11 Motion on or before May 2, 2022. The Court will rule on Plaintiff's #11 Motion on or before May 13, 2022. Signed by Judge Colleen Kollar-Kotelly on April 27, 2022. (lcckk1)
April 25, 2022 Opinion or Order Filing 19 Case directly reassigned to Judge Colleen Kollar-Kotelly as there is an earlier related case. Judge Timothy J. Kelly is no longer assigned to the case. (rj)
April 25, 2022 Opinion or Order MINUTE ORDER: In light of this case's reassignment to the undersigned, the hearing set for May 5, 2022 is VACATED pending further briefing in this case. The Court also notes that the parties have jointly requested an expedited ruling on Plaintiff's motion on or before May 13, 2022." ECF No. 10 at 2. Pursuant to LCvR 65.1(d), "a hearing on an application for a 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 May 6, 2022. Having reviewed the parties' #10 Joint Motion, granted by Judge Timothy J. Kelly by Minute Order on April 18, 2022, the Court assumes that the parties agree that resolution after May 6, 2022 but on or before May 13, 2022 would not prejudice the parties. 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 April 27, 2022. If no such notice is filed, the Court will adopt such a finding and the briefing schedule set in the April 18, 2022 Minute Order shall stand. Signed by Judge Colleen Kollar-Kotelly on April 25, 2022. (lcckk1)
April 21, 2022 Opinion or Order MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a hearing on Plaintiff's #11 Motion for Temporary Restraining Order And Preliminary Injunction on May 5, 2022, at 3:30 p.m. via videoconference. The parties shall contact the Courtroom Deputy at (202) 354-3495 at least one business day prior to the hearing to make arrangements to participate. Signed by Judge Timothy J. Kelly on 4/21/2022. (lctjk3)
April 20, 2022 Opinion or Order Filing 18 RESPONSE TO ORDER OF THE COURT re Order,,,,, Set Deadlines,,,, filed by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Carmichael, Andrew)
April 20, 2022 Opinion or Order Filing 17 Joint STATUS REPORT re April 18, 2022 Minute Order by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Yang, Catherine)
April 19, 2022 Opinion or Order Filing 16 NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 21cv2815. (Carmichael, Andrew)
April 19, 2022 Opinion or Order MINUTE ORDER: Civil cases in this district are related if, relevant here, they "involve common issues of fact" or "grow out of the same event or transaction." LCvR 40.5(a)(3). The party seeking related-case designation "bears the burden of showing that the cases are related." Trump v. Comm. on Ways & Means, 391 F. Supp. 3d 91, 95 (D.D.C. 2019). Defendants have filed a notice stating that this case is related to three other cases pending before another judge. See ECF No. 16. But their filing only contains only a single sentence stating that the other cases also involve "service member challenges to the Department of Defense COVID-19 vaccination requirement under the Religious Freedom Restoration Act and First Amendment to the Constitution." Id. Accordingly, it is hereby ORDERED that, by April 22, 2022, Defendants shall file a further explanation as to why these cases are related. It is further ORDERED that Plaintiff shall file any response by April 29, 2022, and Defendants shall file any reply by May 3, 2022.. Signed by Judge Timothy J. Kelly on 4/19/2022. (lctjk3)
April 18, 2022 Opinion or Order Filing 15 NOTICE of Appearance by Catherine Yang on behalf of All Defendants (Yang, Catherine)
April 18, 2022 Opinion or Order Filing 14 NOTICE of Appearance by Andrew Evan Carmichael on behalf of All Defendants (Carmichael, Andrew)
April 18, 2022 Opinion or Order Filing 13 SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zmh)
April 18, 2022 Opinion or Order Case Assigned to Judge Timothy J. Kelly. Judge James E. Boasberg is no longer assigned to the case. (zmh)
April 18, 2022 Opinion or Order ENTERED IN ERROR.....Case Assigned to Judge James E. Boasberg. (zmh) Modified on 4/18/2022 to correct judge assignment (zsb).
April 18, 2022 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 4/20/2022. (zkh)
April 18, 2022 Opinion or Order MINUTE ORDER granting the parties' #10 Joint Motion for Briefing Schedule. It is hereby ORDERED that the parties' #10 Joint Motion for Briefing Schedule is GRANTED. Defendants shall file their response to Plaintiff's #11 Motion for Temporary Restraining Order and Preliminary Injunction by April 29, 2022, and Plaintiff shall file any reply by May 2, 2022. It is further ORDERED that, by April 20, 2022, the parties shall file a joint status report informing the Court whether the parties are available for a hearing on the #11 Motion on May 5, 2022, at 3:30 p.m. Signed by Judge Timothy J. Kelly on 4/18/2022. (lctjk3)
April 16, 2022 Opinion or Order Filing 12 NOTICE of Appearance by Cassie Snyder on behalf of All Defendants (Snyder, Cassie)
April 15, 2022 Opinion or Order Filing 11 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by OFFICER IN THE UNITED STATES SPACE FORCE. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Thompson, Richard)
April 15, 2022 Opinion or Order Filing 10 Joint MOTION for Briefing Schedule on Plaintiff Motion for a TRO by OFFICER IN THE UNITED STATES SPACE FORCE. (Attachments: #1 Text of Proposed Order)(Thompson, Richard)
April 15, 2022 Opinion or Order Filing 9 SEALED DOCUMENT filed by OFFICER IN THE UNITED STATES SPACE FORCE re #8 Sealed Document, #7 Complaint, (This document is SEALED and only available to authorized persons.)(Thompson, Richard)
April 15, 2022 Opinion or Order Filing 8 SEALED DOCUMENT filed by OFFICER IN THE UNITED STATES SPACE FORCE re #7 Complaint, (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 2)(Thompson, Richard)
April 15, 2022 Opinion or Order Filing 7 COMPLAINT against All Defendants (Fee Status:Filing Fee Waived) filed by OFFICER IN THE UNITED STATES SPACE FORCE. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Thompson, Richard)
April 14, 2022 Opinion or Order Filing 6 MEMORANDUM AND ORDER DENYING plaintiff's #3 Motion for Leave to Proceed Under Pseudonym and GRANTING IN PART and DENYING PART plaintiff's #4 Motion for Leave to File Documents Under Seal. See Memorandum and Order for further details. Signed by Chief Judge Beryl A. Howell on April 14, 2022. (lcbah4)
April 13, 2022 Opinion or Order NOTICE OF ERROR re #3 MOTION to Proceed Under Pseudonym ; emailed to rthompson@thomasmore.org, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Pseudonym Request e-filed without leave of court. Please submit motion using the event Motion to Proceed Under Pseudonym. In the future, do not file these kinds of cases electronically. (zmh, )
April 11, 2022 Opinion or Order Filing 5 SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by OFFICER IN THE UNITED STATES SPACE FORCE (This document is SEALED and only available to authorized persons.) (Attachments: #1 Declaration Verification of Complaint, #2 Exhibit Index of Exhibits in Support of Verified Complaint, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Declaration Declaration in Support of Motion to Proceed Pseudonymously)(Thompson, Richard)
April 11, 2022 Opinion or Order Filing 4 Ex Parte MOTION for Leave to File Documents Under Seal by OFFICER IN THE UNITED STATES SPACE FORCE. (Thompson, Richard)
April 11, 2022 Opinion or Order Filing 3 Ex Parte MOTION to Proceed Under Pseudonym by OFFICER IN THE UNITED STATES SPACE FORCE. (Attachments: #1 Declaration)(Thompson, Richard)
April 11, 2022 Opinion or Order Filing 2 STRICKEN PURSUANT TO ORDER FILED 04/14/2022.....ERRATA re #1 Complaint by OFFICER IN THE UNITED STATES SPACE FORCE. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons)(Thompson, Richard) Modified on 4/14/2022 (zsb). Modified on 4/14/2022 (zmh).
April 11, 2022 Opinion or Order NOTICE OF ERROR re #1 Complaint; emailed to emersino@thomasmore.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 2. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 3. Attorney signature must match documents filed, 4. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmh, )
April 9, 2022 Opinion or Order Filing 1 STRICKEN PURSUANT TO ORDER FILED 04/14/2022.....COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9161359) filed by Officer in the United States Space Force. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons)(Mersino, Erin) Modified on 4/14/2022 (zmh).

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Search for this case: CREAGHAN v. AUSTIN et al
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Plaintiff: Officer in the United States Space Force
Represented By: Erin Elizabeth Mersino
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Plaintiff: MARIELLA CREAGHAN
Represented By: Richard Thompson
Represented By: Erin Elizabeth Mersino
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Defendant: LLOYD J. AUSTIN, III
Represented By: Andrew Evan Carmichael
Represented By: Cassie Snyder
Represented By: Catherine Yang
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Defendant: FRANK KENDALL
Represented By: Andrew Evan Carmichael
Represented By: Cassie Snyder
Represented By: Catherine Yang
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Defendant: ROBERT I. MILLER
Represented By: Andrew Evan Carmichael
Represented By: Chibogu Nneka Nzekwu
Represented By: Daniel Luecke
Represented By: Cassie Snyder
Represented By: Catherine Yang
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Defendant: Stephen Whiting
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Defendant: STEPHEN N. WHITING
Represented By: Andrew Evan Carmichael
Represented By: Chibogu Nneka Nzekwu
Represented By: Daniel Luecke
Represented By: Cassie Snyder
Represented By: Catherine Yang
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