CREAGHAN v. AUSTIN et al
| Officer in the United States Space Force and MARIELLA CREAGHAN |
| LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, Stephen Whiting and STEPHEN N. WHITING |
| 1:2022cv00981 |
| April 8, 2022 |
| US District Court for the District of Columbia |
| Colleen Kollar-Kotelly |
| Civil Rights: Other |
| 42 U.S.C. § 2000 Religion |
| None |
Docket Report
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This docket was last retrieved on June 3, 2022. A more recent docket listing may be available from PACER.
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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)
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Filing 37
Joint STATUS REPORT by MARIELLA CREAGHAN. (Mersino, Erin)
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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).
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Filing 35
MEMORANDUM OPINION re #34 Order. Signed by Judge Colleen Kollar-Kotelly on May 26, 2022. (lcckk1)
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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)
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Filing 33
REPLY to opposition to motion re #29 MOTION for Injunction Pending Appeal - Expedited Relief Requested filed by MARIELLA CREAGHAN. (Mersino, Erin)
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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)
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USCA Case Number 22-5135 for #28 Notice of Appeal to DC Circuit Court, filed by MARIELLA CREAGHAN. (znmw)
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Set/Reset Deadlines: Defendants' Opposition to #29 due by 5/23/2022. Plaintiff's Reply to #29 due by 5/24/2022. (dot)
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Filing 31
NOTICE of Appearance by Chibogu Nneka Nzekwu on behalf of ROBERT I. MILLER, STEPHEN N. WHITING (Nzekwu, Chibogu)
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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)
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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)
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Filing 29
MOTION for Injunction Pending Appeal - Expedited Relief Requested by MARIELLA CREAGHAN. (Attachments: #1 Text of Proposed Order)(Thompson, Richard)
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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)
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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).
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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).
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Set/Reset Deadlines: Joint Status Report due by 6/2/2022. (kt)
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Filing 25
SUPPLEMENTAL MEMORANDUM to re #11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MARIELLA CREAGHAN. (Mersino, Erin)
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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)
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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)
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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)
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Set/Reset Deadlines: Supplemental Briefing due by 5/4/2022. (dot)
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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)
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Filing 21
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 04/27/22. (DM)
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Filing 20
NOTICE by MARIELLA CREAGHAN re Order,,,,, (Thompson, Richard)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 16
NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 21cv2815. (Carmichael, Andrew)
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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)
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Filing 15
NOTICE of Appearance by Catherine Yang on behalf of All Defendants (Yang, Catherine)
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Filing 14
NOTICE of Appearance by Andrew Evan Carmichael on behalf of All Defendants (Carmichael, Andrew)
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Filing 13
SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: #1 Notice and Consent)(zmh)
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Case Assigned to Judge Timothy J. Kelly. Judge James E. Boasberg is no longer assigned to the case. (zmh)
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ENTERED IN ERROR.....Case Assigned to Judge James E. Boasberg. (zmh) Modified on 4/18/2022 to correct judge assignment (zsb).
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Set/Reset Deadlines: Joint Status Report due by 4/20/2022. (zkh)
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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)
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Filing 12
NOTICE of Appearance by Cassie Snyder on behalf of All Defendants (Snyder, Cassie)
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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)
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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)
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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)
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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)
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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)
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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)
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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, )
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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)
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Filing 4
Ex Parte MOTION for Leave to File Documents Under Seal by OFFICER IN THE UNITED STATES SPACE FORCE. (Thompson, Richard)
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Filing 3
Ex Parte MOTION to Proceed Under Pseudonym by OFFICER IN THE UNITED STATES SPACE FORCE. (Attachments: #1 Declaration)(Thompson, Richard)
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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).
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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, )
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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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