TOOR et al v. BERGER et al
Plaintiff: SUKHBIR SINGH TOOR, JASKIRAT SINGH, AEKASH SINGH and MILAAP SINGH CHAHAL
Defendant: DAVID BERGER, LLOYD J. AUSTIN, III, DEPARTMENT OF DEFENSE, CARLOS DEL TORO, DEPARTMENT OF NAVY, ERIC M. SMITH, DAVID A OTTIGNON, DAVID H. BERGER, LLOYD JAMES AUSTIN, III, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY and DAVID A. OTTIGNON
Case Number: 1:2022cv01004
Filed: April 11, 2022
Court: US District Court for the District of Columbia
Presiding Judge: Richard J Leon
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 2000 Religion
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 21, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2022 Filing 40 ANSWER to Complaint by LLOYD JAMES AUSTIN, III, DAVID H. BERGER, CARLOS DEL TORO, DAVID A. OTTIGNON, ERIC M. SMITH, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY.(Powers, James)
June 16, 2022 Filing 39 NOTICE OF WITHDRAWAL OF APPEARANCE as to MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. Attorney Christopher Pagliarella terminated. (Pagliarella, Christopher)
June 14, 2022 Filing 38 NOTICE of Appearance by Laura Wolk on behalf of MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR (Wolk, Laura)
June 13, 2022 Filing 37 REPLY to opposition re #16 MOTION for Preliminary Injunction filed by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH. (Baxter, Eric) Modified on 6/14/2022 to correct docket link (zjf).
June 7, 2022 Filing 36 Consent MOTION for Extension of Time to File Answer re #1 Complaint,,,, by LLOYD JAMES AUSTIN, III, DAVID H. BERGER, CARLOS DEL TORO, DAVID A. OTTIGNON, ERIC M. SMITH, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: #1 Proposed Order)(Powers, James)
June 7, 2022 Opinion or Order MINUTE ORDER. Upon consideration of defendants' #36 Consent Motion for Extension of Time, it is hereby ORDERED that the motion is GRANTED. Defendants shall respond to the Complaint no later than June 21, 2022. SO ORDERED. Signed by Judge Richard J. Leon on 6/7/22. (lcrjl2)
May 25, 2022 Filing 35 RESPONSE re #16 MOTION for Preliminary Injunction filed by LLOYD JAMES AUSTIN, III, DAVID H. BERGER, CARLOS DEL TORO, DAVID A. OTTIGNON, ERIC M. SMITH, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order)(Powers, James)
May 3, 2022 Set/Reset Deadlines/Hearings: Defendants' response due by 5/25/2022. Plaintiffs' reply due by 6/13/2022. Preliminary Injunction Hearing set for 6/28/2022 at 3:00 PM in Courtroom 18- In Person before Judge Richard J. Leon. (hmc)
May 2, 2022 Opinion or Order MINUTE ORDER. Upon consideration of the parties' #25 Joint Status Report, it is hereby ORDERED that the proposed briefing schedule is adopted. Defendants shall respond to plaintiffs' #16 Motion for Preliminary Injunction no later than May 25, 2022. Plaintiffs shall file any reply no later than June 13, 2022. It is further ORDERED that a preliminary injunction hearing shall be held before Judge Richard J. Leon in Courtroom 18 on June 28, 2022 at 3:00 PM. SO ORDERED. Signed by Judge Richard J. Leon on 5/2/2022. (lcrjl2)
April 29, 2022 Filing 34 NOTICE OF WITHDRAWAL OF APPEARANCE as to LLOYD JAMES AUSTIN, III, DAVID H. BERGER, CARLOS DEL TORO, DAVID A. OTTIGNON, ERIC M. SMITH, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. Attorney Erika Kirstie Oblea terminated. (Oblea, Erika)
April 28, 2022 Filing 33 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/14/2022. (Baxter, Eric)
April 28, 2022 Filing 32 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/14/2022. Answer due for ALL FEDERAL DEFENDANTS by 6/13/2022. (Baxter, Eric)
April 28, 2022 Filing 31 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ERIC M. SMITH served on 4/15/2022 (Baxter, Eric)
April 28, 2022 Filing 30 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID A. OTTIGNON served on 4/15/2022 (Baxter, Eric)
April 28, 2022 Filing 29 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 4/14/2022 (Baxter, Eric)
April 28, 2022 Filing 28 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE NAVY served on 4/15/2022 (Baxter, Eric)
April 28, 2022 Filing 27 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID H. BERGER served on 4/15/2022 (Baxter, Eric)
April 28, 2022 Filing 26 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LLOYD JAMES AUSTIN, III served on 4/14/2022 (Baxter, Eric)
April 25, 2022 Filing 25 Joint STATUS REPORT by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Baxter, Eric)
April 22, 2022 Filing 24 NOTICE of Appearance by Matthew Cowherd on behalf of JASKIRAT SINGH (Cowherd, Matthew) (Main Document 24 replaced on 4/25/2022) (zjf).
April 22, 2022 Filing 23 NOTICE of Appearance by Brian Song on behalf of JASKIRAT SINGH (Song, Brian) (Main Document 23 replaced on 4/25/2022) (zjf).
April 21, 2022 Filing 22 NOTICE of Appearance by Amrith Kaur Aakre on behalf of All Plaintiffs (Aakre, Amrith) (Main Document 22 replaced on 4/21/2022) (zjf).
April 21, 2022 Filing 21 NOTICE of Appearance by Giselle Klapper on behalf of All Plaintiffs (Klapper, Giselle)
April 20, 2022 Opinion or Order Filing 20 STANDING ORDER. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2)
April 20, 2022 Opinion or Order MINUTE ORDER granting #11 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED and that Amrith Kaur Aakre be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2)
April 20, 2022 Opinion or Order MINUTE ORDER granting #12 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED and that Giselle Solenn Klapper be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2)
April 20, 2022 Opinion or Order MINUTE ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED and that Brian W. Song be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2)
April 20, 2022 Opinion or Order MINUTE ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED and that Matthew K. Cowherd be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) #Click for instructions. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2)
April 20, 2022 Opinion or Order MINUTE ORDER. Upon consideration of the parties' #19 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report no later than April 25, 2022 with a proposal for future proceedings. SO ORDERED. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2)
April 18, 2022 Filing 19 Joint STATUS REPORT by LLOYD JAMES AUSTIN, III, DAVID H. BERGER, CARLOS DEL TORO, DAVID A. OTTIGNON, ERIC M. SMITH, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: #1 Exhibit A)(Powers, James)
April 18, 2022 Filing 18 NOTICE of Appearance by James R. Powers on behalf of All Defendants (Powers, James)
April 18, 2022 Case randomly reassigned to Judge Richard J. Leon as the case is not related. Judge Timothy J. Kelly is no longer assigned to the case. (rj)
April 18, 2022 Opinion or Order MINUTE ORDER: After filing their complaint in this case, Plaintiffs filed a notice of related case in which they assert that under Local Rule 40.5, this action is related to another civil action pending before the Court, Di Liscia et al. v. Austin et al., No. 21-cv-1047, because the cases "involve[] common issues of fact." ECF No. #6 . At a status conference on April 14, 2022, Defendants objected to the related designation. The Court agrees with Defendants that the cases are not related under Local Rule 40.5. To be sure, the cases are similar. Both involve RFRA, First Amendment, due process, and equal protection claims stemming from denials of religious accommodations for individuals whose faith requires them to maintain a beard. Plaintiffs in this case challenge the Marine Corps' denial of religious accommodations. Plaintiffs in Di Liscia challenge the U.S. Navy's denial of religious accommodations. But given the fact-intensive analysis required in these RFRA/First Amendment cases, the Court cannot say that they present "common issues of fact" for purposes of the rule. The cases involve different sincerely held beliefs -- Plaintiffs here are Sikhs, and Plaintiffs in Di Liscia are Chassidic Jews and Muslims. The cases also involve requests for different accommodations -- Plaintiffs here seek accommodations to wear uncut hair, a beard, a turban, and other articles of faith, while Plaintiffs in Di Liscia only seek to wear a beard. Most importantly, though, the cases involve very different contexts in which the accommodations are sought. In this case, the accommodations are sought by a Field Artillery Officer in the Marine Corps and three Marine Corps recruits. The recruits in particular are seeking accommodations for their training, often referred to as "Boot Camp." Meanwhile, in Di Liscia, the accommodations are sought by sailors in the U.S. Navy, most of whom are deployed on ships. These different contexts are especially important as the Court weighs Defendants' proffered interests in denying the requested accommodations. For all these reasons, the Court finds that these cases do not involve common issues of fact under Local Rule 40.5 and are therefore not related for the purpose of that rule. Accordingly, it is hereby ORDERED that the Clerk of Court shall return this case to the Calendar and Case Management Committee for random assignment as soon as possible, given that Plaintiffs have moved for preliminary injunctive relief. Signed by Judge Timothy J. Kelly on 4/18/2022. (lctjk1)
April 14, 2022 Filing 17 NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika)
April 14, 2022 Opinion or Order MINUTE ORDER: It is hereby ORDERED that the parties shall appear today, April 14, 2022, at 1:30 p.m. for a telephonic status conference. The parties shall contact the Courtroom Deputy at (202) 354-3495 to make arrangements to do so. The Court intends to inquire of the parties whether they agree that this is a related case to Di Liscia et al. v. Austin et al., No. 21-cv-1047, under Local Rule 40.5. Signed by Judge Timothy J. Kelly on 4/14/2022. (lctjk1) Modified to correct telephone number on 4/14/2022 (zkh).
April 14, 2022 Minute Entry for proceedings held before Judge Timothy J. Kelly: Telephonic Status Conference held on 4/14/2022. Joint Status Report due by close of business on 4/18/2022. (Court Reporter: Timothy Miller) (zkh)
April 13, 2022 Filing 16 MOTION for Preliminary Injunction by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH. (Attachments: #1 Memorandum in Support, #2 Declaration of G. Klapper, #3 Exhibit A (Klapper), #4 Exhibit B (Klapper), #5 Exhibit C (Klapper), #6 Exhibit D (Klapper), #7 Declaration of G. Miller, #8 Text of Proposed Order)(Baxter, Eric)
April 13, 2022 Filing 15 SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (ztth)
April 13, 2022 Filing 14 NOTICE of Appearance by Christopher Pagliarella on behalf of All Plaintiffs (Pagliarella, Christopher)
April 13, 2022 Filing 13 REQUEST FOR SUMMONS TO ISSUE to U.S. Attorney General (additional summons in attachment) filed by MILAAP SINGH CHAHAL, JASKIRAT SINGH, SUKHBIR SINGH TOOR, AEKASH SINGH. (Attachments: #1 Summons to U.S. Attorney)(Baxter, Eric)
April 13, 2022 Filing 12 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Giselle Solenn Klapper, Filing fee $ 100, receipt number ADCDC-9169763. Fee Status: Fee Paid. by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Sidhu, Amandeep)
April 13, 2022 Filing 11 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amrith Kaur Aakre, Filing fee $ 100, receipt number ADCDC-9169755. Fee Status: Fee Paid. by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Sidhu, Amandeep)
April 13, 2022 Filing 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian W. Song, Filing fee $ 100, receipt number ADCDC-9169740. Fee Status: Fee Paid. by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Sidhu, Amandeep)
April 13, 2022 Filing 9 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew K. Cowherd, Filing fee $ 100, receipt number ADCDC-9169722. Fee Status: Fee Paid. by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Sidhu, Amandeep)
April 13, 2022 Filing 8 SUMMONS(7) Issued Electronically as to All Defendants. (Attachment: #1 Notice and Consent)(zmh)
April 13, 2022 Filing 7 NOTICE of Appearance by Amandeep S. Sidhu on behalf of All Plaintiffs (Sidhu, Amandeep)
April 13, 2022 NOTICE OF ERROR re #1 Complaint; emailed to ebaxter@becketlaw.org, cc'd 9 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. (zmh, )
April 13, 2022 Case Assigned to Judge Timothy J. Kelly. (zmh)
April 12, 2022 Filing 5 NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian)
April 11, 2022 Filing 4 NOTICE of Appearance by Daniel H. Blomberg on behalf of All Plaintiffs (Blomberg, Daniel)
April 11, 2022 Filing 3 NOTICE of Appearance by Diana Marie Verm Thomson on behalf of All Plaintiffs (Thomson, Diana)
April 11, 2022 Filing 2 NOTICE of Appearance by Eric S. Baxter on behalf of All Plaintiffs (Baxter, Eric)
April 11, 2022 Filing 1 COMPLAINT (VERIFIED) against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ADCDC-9164299) filed by MILAAP SINGH CHAHAL, JASKIRAT SINGH, SUKHBIR SINGH TOOR, AEKASH SINGH. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Exhibit BB, #30 Exhibit CC, #31 Exhibit DD, #32 Exhibit EE, #33 Exhibit FF, #34 Exhibit GG, #35 Summons Lloyd J. Austin III, #36 Summons David H. Berger, #37 Summons Carlos Del Toro, #38 Summons David A. Ottignon, #39 Summons Eric M. Smith, #40 Summons U.S. Department of Defense, #41 Summons U.S. Department of the Navy)(Baxter, Eric) (Attachment 27 replaced on 4/12/2022) (rj). Modified on 4/12/2022 to flatten pdf (rj).

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Search for this case: TOOR et al v. BERGER et al
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Plaintiff: SUKHBIR SINGH TOOR
Represented By: Daniel H. Blomberg
Represented By: Diana Marie Verm Thomson
Represented By: Eric S. Baxter
Represented By: Christopher Pagliarella
Represented By: Amandeep S. Sidhu
Represented By: Amrith Kaur Aakre
Represented By: Giselle Klapper
Represented By: Laura Wolk
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Plaintiff: JASKIRAT SINGH
Represented By: Daniel H. Blomberg
Represented By: Diana Marie Verm Thomson
Represented By: Eric S. Baxter
Represented By: Brian Song
Represented By: Christopher Pagliarella
Represented By: Matthew Cowherd
Represented By: Amandeep S. Sidhu
Represented By: Amrith Kaur Aakre
Represented By: Giselle Klapper
Represented By: Laura Wolk
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Plaintiff: AEKASH SINGH
Represented By: Daniel H. Blomberg
Represented By: Diana Marie Verm Thomson
Represented By: Eric S. Baxter
Represented By: Christopher Pagliarella
Represented By: Amandeep S. Sidhu
Represented By: Amrith Kaur Aakre
Represented By: Giselle Klapper
Represented By: Laura Wolk
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Plaintiff: MILAAP SINGH CHAHAL
Represented By: Daniel H. Blomberg
Represented By: Diana Marie Verm Thomson
Represented By: Eric S. Baxter
Represented By: Christopher Pagliarella
Represented By: Amandeep S. Sidhu
Represented By: Amrith Kaur Aakre
Represented By: Giselle Klapper
Represented By: Laura Wolk
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Defendant: DAVID BERGER
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Defendant: LLOYD J. AUSTIN, III
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Defendant: DEPARTMENT OF DEFENSE
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Defendant: CARLOS DEL TORO
Represented By: James R. Powers
Represented By: Sian Jones
Represented By: Erika Kirstie Oblea
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Defendant: DEPARTMENT OF NAVY
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Defendant: ERIC M. SMITH
Represented By: James R. Powers
Represented By: Sian Jones
Represented By: Erika Kirstie Oblea
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Defendant: DAVID A OTTIGNON
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Defendant: DAVID H. BERGER
Represented By: James R. Powers
Represented By: Sian Jones
Represented By: Erika Kirstie Oblea
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Defendant: LLOYD JAMES AUSTIN, III
Represented By: James R. Powers
Represented By: Sian Jones
Represented By: Erika Kirstie Oblea
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Defendant: U.S. DEPARTMENT OF DEFENSE
Represented By: James R. Powers
Represented By: Sian Jones
Represented By: Erika Kirstie Oblea
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Defendant: U.S. DEPARTMENT OF THE NAVY
Represented By: James R. Powers
Represented By: Sian Jones
Represented By: Erika Kirstie Oblea
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Defendant: DAVID A. OTTIGNON
Represented By: James R. Powers
Represented By: Sian Jones
Represented By: Erika Kirstie Oblea
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