TOOR et al v. BERGER et al
| SUKHBIR SINGH TOOR, JASKIRAT SINGH, AEKASH SINGH and MILAAP SINGH CHAHAL |
| 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 |
| 1:2022cv01004 |
| April 11, 2022 |
| US District Court for the District of Columbia |
| Richard J Leon |
| Civil Rights: Other |
| 42 U.S.C. § 2000 Religion |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 2, 2023. A more recent docket listing may be available from PACER.
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Filing 91
MOTION for Extension of Time to File a Motion for Costs and Fees by JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: #1 Text of Proposed Order)(Baxter, Eric)
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MINUTE ORDER. Upon consideration of plaintiffs' #91 Consent Motion for Extension of Time to File a Motion for Costs and Fees, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the deadline for filing any motion for costs and fees is extended to a date sixty (60) days after the exhaustion of, or expiration of time for, appeal from final judgment on any claim or claims in this matter. SO ORDERED. Signed by Judge Richard J. Leon on 5/2/2023. (lcrjl2)
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Minute Entry for Status Conference held on 4/18/2023 before Judge Richard J. Leon: Parties updated Court on status of case. The parties are to submit Joint Status Reports to the Court every forty-five (45) days. Court Reporter: Jan Dickman. (smc)
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Filing 90
PRELIMINARY INJUNCTION ORDER. See Order for details. Signed by Judge Richard J. Leon on 4/18/2023. (lcrjl2) Modified on 4/19/2023 (smc).
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Filing 89
NOTICE of Proposed Order by AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR, MILAAP SINGH CHAHAL re #88 Stipulation of Dismissal (Sidhu, Amandeep)
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Filing 88
STIPULATION of Dismissal (Agreed) by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Sidhu, Amandeep)
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Filing 87
STIPULATION by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Sidhu, Amandeep)
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Filing 86
STIPULATION of Dismissal of Plaintiff Milaap Singh Chahal by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: #1 Text of Proposed Order)(Sidhu, Amandeep)
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Filing 85
Joint MOTION for Preliminary Injunction by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Sidhu, Amandeep)
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Filing 84
Joint STATUS REPORT by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Sidhu, Amandeep)
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Minute Entry for Status Conference held on 3/14/2023 before Judge Richard J. Leon: Status Report due by 3/24/2023. A further Status Conference set for 4/18/2023 at 3:30 PM in Courtroom 18 (In Person) before Judge Richard J. Leon. Court Reporter: Christine Asif. (smc)
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Minute Entry for Status Conference held on 2/16/2023 before Judge Richard J. Leon: A further Status Conference set for 3/14/2023 at 4:00 PM in Courtroom 18 (In Person) before Judge Richard J. Leon. Court Reporter: Jan Dickman. (smc)
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Filing 83
NOTICE of Appearance by Marissa Marie Rossetti on behalf of All Plaintiffs (Rossetti, Marissa) (Main Document 83 replaced on 2/17/2023) (znmw).
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MINUTE ORDER granting #81 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED and that Marissa Marie Rossetti 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 2/6/2023. (lcrjl2) Modified to correct Chambers error on 2/6/2023 (zsmc).
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Set/Reset Deadlines: Discovery due by 3/3/2023. Joint Status Report due by 3/10/2023. (zsmc)
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MINUTE ORDER. Upon consideration of #82 Joint Motion for Extension of the Stay of Discovery and the record in this case, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Phase I is stayed for two additional weeks. It is further ORDERED that the Phase I discovery period is extended by a commensurate period of time and shall conclude on 3/3/2023. It is further ORDERED that the parties' deadline to submit a Joint Status Report concerning further proceedings, including a briefing schedule for Phase I dispositive motions, is likewise extended to 3/10/2023. Signed by Judge Richard J. Leon on 2/3/2023. (lcrjl3)
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Filing 82
Joint MOTION to Stay Discovery (Extension of Stay) 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 Text of Proposed Order)(Ehrlich, Stephen)
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Filing 81
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Marissa Marie Rossetti, Filing fee $ 100, receipt number ADCDC-9829015. Fee Status: Fee Paid. by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Text of Proposed Order)(Sidhu, Amandeep)
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Minute Entry for Status Conference held on 1/27/2023 before Judge Richard J. Leon: A further Status Conference set for 2/16/2023 at 4:00 PM in Courtroom 18 (In Person) before Judge Richard J. Leon. Court Reporter: Jeff Hook. (smc)
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Filing 80
MANDATE of USCA as to #48 Notice of Appeal to DC Circuit Court, filed by AEKASH SINGH, MILAAP SINGH CHAHAL, JASKIRAT SINGH ; USCA Case Number 22-5234. (Attachments: #1 USCA Judgment 12/23/2022)(znmw)
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Filing 79
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. (Konkoly, Antonia)
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Set/Reset Hearings: Status Conference set for 1/27/2023 at 4:00 PM in Courtroom 18 (In-Person) before Judge Richard J. Leon. (smc)
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MINUTE ORDER. It is hereby ORDERED that the status conference currently scheduled for January 26, 2023, is VACATED and continued to January 27, 2023, at 4:00 PM in Courtroom 18 (In-Person) before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 1/18/2023. (lcrjl2)
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Filing 78
Joint MOTION to Stay Discovery 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 Text of Proposed Order)(Konkoly, Antonia)
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MINUTE ORDER. Upon consideration of the parties' #78 Joint Motion for a Brief Stay of Discovery, and the entire record in this matter, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Phase I discovery is STAYED for three weeks. It is further ORDERED that the Phase I discovery period is extended and shall conclude on or before February 17, 2023. It is further ORDERED that the parties' deadline to submit a Joint Status Report concerning further proceedings, including a briefing schedule for Phase I dispositive motions, is extended to February 24, 2023. SO ORDERED. Signed by Judge Richard J. Leon on 1/13/2023. (lcrjl3)
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Filing 77
NOTICE of Appearance by Nasir Hussain on behalf of All Plaintiffs (Hussain, Nasir)
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Filing 76
STIPULATION re Order on Motion for Protective Order, (Joint) by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Sidhu, Amandeep)
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Minute Entry for Status Conference held on 1/6/2023 before Judge Richard J. Leon: Parties are to submit a Joint Status Report by 1/20/2023. A further Status Conference set for 1/26/2023 at 4:15 PM in Courtroom 18 (In-Person) before Judge Richard J. Leon. Court Reporter: Jeff Hook. (smc)
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MINUTE ORDER. Upon consideration of plaintiffs' #67 Motion for Leave to File Exhibit Under Seal, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that [65-6] Exhibit 6 to plaintiffs' Motion to Compel shall remain under seal absent further order of the Court. SO ORDERED. Signed by Judge Richard J. Leon on 1/3/2023. (lcrjl2)
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Filing 75
ORDER. Signed by Judge Richard J. Leon on 12/29/2022. (lcrjl2)
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Filing 74
MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 12/29/2022. (lcrjl2)
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Set/Reset Hearings: Status Conference set for 1/6/2023 at 3:30 PM in Courtroom 18 (In-Person) before Judge Richard J. Leon. (smc)
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MINUTE ORDER. Upon consideration of the D.C. Circuit's opinion and judgment order, see Singh v. Berger, No. 22-5234 (D.C. Cir. Dec. 23, 2022), it is hereby ORDERED that a status and scheduling conference is scheduled for January 6, 2023, at 3:30 PM, in Courtroom 18 before Judge Richard J. Leon, to discuss the scope and contents of a preliminary injunction as to plaintiffs Jaskirat Singh and Milaap Singh Chahal, and to discuss whether additional briefing is necessary to assist the Court in further considering a preliminary injunction as to plaintiff Aekash Singh. The parties are encouraged to meet and confer before the status conference and to submit a joint status report containing any jointly agreeable proposed language addressing those topics. SO ORDERED. Signed by Judge Richard J. Leon on 12/27/2022. (lcrjl2)
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Filing 73
USCA JUDGMENT as to #48 Notice of Appeal to DC Circuit Court, filed by AEKASH SINGH, MILAAP SINGH CHAHAL, JASKIRAT SINGH USCA Case Number 22-5234. (zed)
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Set/Reset Deadlines: Discovery due by 1/27/2023. Joint Status Report due by 2/3/2023. (smc)
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Filing 72
NOTICE OF WITHDRAWAL OF MOTION 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 re #62 MOTION for Protective Order to Preclude the Deposition of the Honorable Lloyd Austin, Secretary of Defense (Konkoly, Antonia)
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MINUTE ORDER. Upon consideration of the Government's #64 Motion for Protective Order to Preclude the Deposition of Lieutenant General David Ottignon and the entire record in this matter, it is hereby ORDERED that the motion is GRANTED. The motion is unopposed and will be treated by the Court "as conceded." LCvR 7(b); see Fox v. Am. Airlines, Inc., 389 F.3d 1291, 1295 (D.C. Cir. 2004). SO ORDERED. Signed by Judge Richard J. Leon on 12/15/2022. (lcrjl2)
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MINUTE ORDER. Upon consideration of the Government's #63 Motion for Extension of Time to Complete Discovery, plaintiffs' #71 Response, and the entire record in this matter, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the Phase I Discovery period is extended and shall conclude on or before January 27, 2023. It is further ORDERED that the parties' deadline to submit a Joint Status Report concerning further proceedings, including a briefing schedule for Phase I dispositive motions, is extended to February 3, 2023. SO ORDERED. Signed by Judge Richard J. Leon on 12/15/2022. (lcrjl2)
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Filing 71
RESPONSE re #63 MOTION for Extension of Time to Complete Discovery filed by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Sidhu, Amandeep)
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Filing 70
Memorandum in opposition to re #65 Motion to Compel, 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: Cleaver Decl., #2 Exhibit B: McKean Decl., #3 Exhibit C: Pls.' RFA Responses, #4 Text of Proposed Order)(Ehrlich, Stephen)
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MINUTE ORDER. Upon consideration of plaintiffs' #68 Motion for Leave to File Excess Pages and the Government's #69 Motion to Strike or, in the Alternative, for Leave to File Excess Pages, it is hereby ORDERED that plaintiffs' motion is GRANTED and the Government's motion is GRANTED IN PART and DENIED IN PART. It is further ORDERED that the Court will accept plaintiffs' #65 Motion to Compel as filed, and it is further ORDERED that the Government may file a response that shall not exceed 17 pages in length. SO ORDERED. Signed by Judge Richard J. Leon on 12/13/2022. (lcrjl2)
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Filing 69
MOTION to Strike #65 MOTION to Compel Defendants to Answer Interrogatories and Produce Documents , MOTION for Leave to File Excess Pages 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 Text of Proposed Order)(Konkoly, Antonia)
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Filing 68
MOTION for Leave to File Excess Pages by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: #1 Text of Proposed Order)(Sidhu, Amandeep)
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Filing 67
SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR (This document is SEALED and only available to authorized persons.) (Attachments: #1 Exhibit 1, #2 Text of Proposed Order)(Sidhu, Amandeep)
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Filing 66
ERRATA by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR re #65 Motion to Compel,. (Attachments: #1 Exhibit 6 (Redacted))(Sidhu, Amandeep)
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Filing 65
MOTION to Compel Defendants to Answer Interrogatories and Produce Documents by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Text of Proposed Order)(Sidhu, Amandeep)
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Filing 64
MOTION for Protective Order to Preclude the Deposition of Lieutenant General David Ottignon 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 Memorandum in Support, #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 Text of Proposed Order)(Konkoly, Antonia)
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Filing 63
MOTION for Extension of Time to Complete Discovery 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 Memorandum in Support, #2 Text of Proposed Order)(Konkoly, Antonia)
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Filing 62
MOTION for Protective Order to Preclude the Deposition of the Honorable Lloyd Austin, Secretary of Defense 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 Memorandum in Support, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Errata 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 Text of Proposed Order)(Konkoly, Antonia)
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Filing 61
NOTICE of Appearance by Antonia Marie Konkoly on behalf of 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 (Konkoly, Antonia)
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Filing 60
NOTICE by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH (Attachments: #1 Declaration of Jaskirat Singh, #2 Declaration of Aekash Singh, #3 Declaration of Milaap Singh)(Baxter, Eric)
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Filing 59
ERRATA by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR re #1 Complaint,,,,. (Attachments: #1 Errata Attachment)(Baxter, Eric)
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Filing 58
ENTERED IN ERROR.....ERRATA by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR re #1 Complaint,,,,. (Attachments: #1 Errata Attachment)(Baxter, Eric) Modified on 10/20/2022 (zed).
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NOTICE OF ERROR regarding #58 Errata. The following error(s) need correction: Incorrect format (Letter)- correspondence is not permitted (LCvR 5.1(a)). Please refile. (zed)
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MINUTE ORDER granting #57 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED and that Nasir Hussain 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 10/14/2022. (lcrjl2) (lcmh)
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Filing 57
MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Nasir Hussain, Filing fee $ 100, receipt number ADCDC-9588833. Fee Status: Fee Paid. by JASKIRAT SINGH. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Sidhu, Amandeep)
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Filing 56
ORDER: Upon consideration of the parties' #55 Joint Motion for a Protective Order and Rule 502(d) Order, it is hereby ORDERED that the motion is GRANTED. See attached. Signed by Judge Richard J. Leon on 10/5/2022. (lcrjl2)
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Filing 55
Joint MOTION for Protective Order and Rule 502(d) Order by LLOYD JAMES AUSTIN, III, DAVID H. BERGER, CARLOS DEL TORO, DAVID A. OTTIGNON, ERIC M. SMITH. (Attachments: #1 Text of Proposed Order, #2 Appendix A: Agreement and Consent to Protective Order)(Ehrlich, Stephen)
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MINUTE ORDER. Upon consideration of the parties' #54 Joint Rule 26(f) Report and Discovery Plan, it is hereby ORDERED that the schedule for discovery relevant to plaintiffs' claims concerning participation in recruit training ("Phase I Discovery") shall be as follows: Initial disclosures shall be exchanged on October 4, 2022; Phase I interrogatories and requests for production shall be served on or before October 21, 2022; responses and objections to interrogatories and requests for production shall be served within 21 days of service; Phase I requests for admission shall be served on or before November 15, 2022; responses to requests for admission shall be served within 21 days of service; expert disclosures shall be served on or before November 29, 2022; Phase I discovery motions shall be filed on or before December 9, 2022; any Phase I rebuttal expert reports shall be served on or before December 13, 2022; and all Phase I discovery shall conclude on or before December 30, 2022. A discovery schedule for Phase II, addressing discovery relevant to plaintiffs' remaining claims, shall be set at the close of Phase I discovery. Additional parties may be joined within 30 days of this Minute Order, or otherwise by leave for good cause shown. It is further ORDERED that, during Phase I of discovery, each side shall be permitted to seek discovery as follows: 15 interrogatories; 20 requests for admission; 15 requests for production; and 8 fact depositions, including one Rule 30(b)(6) deposition. It is further ORDERED that the parties shall submit a Joint Status Report concerning further proceedings, including a briefing schedule for Phase I dispositive motions, no later than January 6, 2023. If the parties need additional time to complete discovery, they shall move for an extension at least one week prior to the discovery deadline and explain, in writing, why good cause exists for the extension. The Court declines to preemptively limit the scope of discovery during Phase I, other than to confine discovery to plaintiffs' claims concerning recruit training and, of course, to require that discovery comply with the Federal and Local Rules. The Court reminds the parties of the scope of discovery set forth in Federal Rule of Civil Procedure 26(b) and asks the parties to be mindful of the need to continue this litigation in an efficient and accelerated manner given the importance of the issues at stake. If the parties are unable to resolve disagreements over the scope of discovery, they may seek resolution from the Court. However, any discovery motions should be both limited and specific. It is hereby ORDERED that any discovery motions shall be no more than 5 pages and any responses to discovery motions shall be no more than 5 pages and shall be filed within 5 days of the motions. Discovery motions should otherwise comply with Local Rule 7. SO ORDERED. Signed by Judge Richard J. Leon on 9/22/2022. (lcrjl2)
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Filing 54
MEET AND CONFER STATEMENT. (Powers, James)
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Filing 53
NOTICE of Appearance by Stephen Ehrlich on behalf of All Defendants (Ehrlich, Stephen)
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Filing 52
NOTICE of Appearance by Michael Fraser Knapp on behalf of All Defendants (Knapp, Michael)
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MINUTE ORDER. Upon consideration of plaintiffs' #51 Motion for Injunction Pending Appeal and the parties' #16 , #35 , and #37 briefing on plaintiffs' motion for a preliminary injunction, and for all the reasons set forth in the Court's #45 Memorandum Opinion denying plaintiffs' motion for preliminary injunction, it is hereby ORDERED that the #51 Motion for Injunction Pending Appeal is DENIED. The standard for an injunction pending appeal is the same as that for a preliminary injunction. See Alcresta Therapeutics, Inc. v. Azar, 318 F. Supp. 3d 321, 324 (D.D.C. 2018). Accordingly, the Court finds that plaintiffs have failed to establish that the balance of equities and the public interest support the extraordinary remedy of an injunction pending appeal. Plaintiffs' requested injunction would require the military to conduct its basic training in a manner that it has credibly alleged will compromise the Marine Corps' national defense mission. See Mem. Op. Denying Prelim. Inj. at 12-13. This risk is not required by the balance of equities and the public interest. For this reason and all the reasons set forth in this Court's previous #45 Memorandum Opinion, plaintiff's #51 Motion for Injunction Pending Appeal is hereby DENIED. SO ORDERED. Signed by Judge Richard J. Leon on 9/20/2022. (lcrjl2)
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Filing 51
MOTION for Injunction Pending Appeal by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order)(Baxter, Eric). Added MOTION to Expedite on 9/20/2022 (ztth).
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Minute Entry for proceedings held before Judge Richard J. Leon: Scheduling Conference held on 9/16/2022. Joint Status Report due by 9/21/2022. (Court Reporter: Lisa Moreira) (zjd)
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USCA Case Number 21-5119 for #48 Notice of Appeal to DC Circuit Court, filed by AEKASH SINGH, MILAAP SINGH CHAHAL, JASKIRAT SINGH. (zjf)
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MINUTE ORDER. Upon consideration of the parties' #49 Joint Status Report, it is hereby ORDERED that a Scheduling Conference shall be held before Judge Richard J. Leon in Courtroom 18 on Friday, September 16, 2022 at 2:30 PM. SO ORDERED. Signed by Judge Richard J. Leon on 9/8/22. (lcrjl2)
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Filing 50
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 #48 Notice of Appeal to DC Circuit Court. (ztth)
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Filing 49
Joint STATUS REPORT by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Sidhu, Amandeep)
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Filing 48
NOTICE OF APPEAL TO DC CIRCUIT COURT as to #46 Order on Motion for Preliminary Injunction by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH. Filing fee $ 505, receipt number ADCDC-9493864. Fee Status: Fee Paid. Parties have been notified. (Baxter, Eric)
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Filing 47
NOTICE of Appearance by Daniel D. Benson on behalf of MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR (Benson, Daniel)
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Filing 46
ORDER. Signed by Judge Richard J. Leon on 8/24/2022. (lcrjl2)
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Filing 45
MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 8/24/2022. (lcrjl2)
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Filing 44
SUPPLEMENTAL MEMORANDUM to re #16 MOTION for Preliminary Injunction filed by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Baxter, Eric)
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Filing 43
SUPPLEMENTAL MEMORANDUM to re #35 Response to motion, Pursuant to Order of the Court at Preliminary Injunction Hearing 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. (Powers, James)
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Filing 42
TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING before Judge Richard J. Leon held on June 28, 2022; Page Numbers: 1-38. Date of Issuance:July 13, 2022. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the #Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased f rom the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/3/2022. Redacted Transcript Deadline set for 8/13/2022. Release of Transcript Restriction set for 10/11/2022.(Moreira, Lisa)
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NOTICE OF ERROR re #41 Summons Returned Executed as to Federal Defendant; emailed to ebaxter@becketlaw.org, cc'd 18 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document, 2. DO NOT REFILE- for future filings judge initials are RJL (zjf, )
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Filing 41
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CARLOS DEL TORO served on 5/3/2022 (Baxter, Eric)
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MINUTE ORDER. It is hereby ORDERED that the preliminary injunction hearing scheduled for 3:00 PM on June 28, 2022 shall instead be held at 3:30 PM on June 28, 2022 in Courtroom 18 before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 6/28/22. (lcrjl2)
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Minute Entry for proceedings held before Judge Richard J. Leon: Preliminary Injunction Hearing held on 6/28/2022. Arguments heard and taken under advisement. Supplemental Briefs due ten days after receipt of transcript. (Court Reporter: Lisa Moreira) (zjd)
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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)
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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)
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Filing 38
NOTICE of Appearance by Laura Wolk on behalf of MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR (Wolk, Laura)
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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).
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 31
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ERIC M. SMITH served on 4/15/2022 (Baxter, Eric)
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Filing 30
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID A. OTTIGNON served on 4/15/2022 (Baxter, Eric)
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Filing 29
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 4/14/2022 (Baxter, Eric)
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Filing 28
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE NAVY served on 4/15/2022 (Baxter, Eric)
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Filing 27
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID H. BERGER served on 4/15/2022 (Baxter, Eric)
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Filing 26
RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LLOYD JAMES AUSTIN, III served on 4/14/2022 (Baxter, Eric)
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Filing 25
Joint STATUS REPORT by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Baxter, Eric)
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Filing 24
NOTICE of Appearance by Matthew Cowherd on behalf of JASKIRAT SINGH (Cowherd, Matthew) (Main Document 24 replaced on 4/25/2022) (zjf).
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Filing 23
NOTICE of Appearance by Brian Song on behalf of JASKIRAT SINGH (Song, Brian) (Main Document 23 replaced on 4/25/2022) (zjf).
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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).
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Filing 21
NOTICE of Appearance by Giselle Klapper on behalf of All Plaintiffs (Klapper, Giselle)
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Filing 20
STANDING ORDER. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 18
NOTICE of Appearance by James R. Powers on behalf of All Defendants (Powers, James)
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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)
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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)
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Filing 17
NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika)
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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).
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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)
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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)
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Filing 15
SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (ztth)
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Filing 14
NOTICE of Appearance by Christopher Pagliarella on behalf of All Plaintiffs (Pagliarella, Christopher)
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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)
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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)
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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)
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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)
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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)
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Filing 8
SUMMONS(7) Issued Electronically as to All Defendants. (Attachment: #1 Notice and Consent)(zmh)
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Filing 7
NOTICE of Appearance by Amandeep S. Sidhu on behalf of All Plaintiffs (Sidhu, Amandeep)
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Case Assigned to Judge Timothy J. Kelly. (zmh)
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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, )
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Filing 5
NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian)
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Filing 4
NOTICE of Appearance by Daniel H. Blomberg on behalf of All Plaintiffs (Blomberg, Daniel)
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Filing 3
NOTICE of Appearance by Diana Marie Verm Thomson on behalf of All Plaintiffs (Thomson, Diana)
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Filing 2
NOTICE of Appearance by Eric S. Baxter on behalf of All Plaintiffs (Baxter, Eric)
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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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