Crosby et al v. Austin et al
| Howard Crosby, Gary Bodony, Eric Burgess, Jessica Caldwell, Howard Comrie, Paul Dee, Brian Duffy, Allen Hall, Nicholas Hallmark, John Hyatt, Michael Jacobellis, Krystle Kageyama, Eric Marple, Brian Moody, Emily Nankivell, Joshua Schwartz and Jeremy Severson |
| III Lloyd Austin, Frank Kendall, Karl Schultz, Carlos Del Toro and Christine Wormuth |
| 8:2021cv02730 |
| November 19, 2021 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Christopher P Tuite |
| Civil Rights: Other |
| 42 U.S.C. § 2000 |
| None |
Docket Report
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This docket was last retrieved on June 24, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 25 REPLY to Response to Motion re #10 MOTION to Stay re #1 Complaint MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Gary Bodony, Eric Burgess, Jessica Caldwell, Howard Comrie, Howard Crosby, Paul Dee, Brian Duffy, Allen Hall, Nicholas Hallmark, John Hyatt, Michael Jacobellis, Krystle Kageyama, Eric Marple, Brian Moody, Emily Nankivell, Jeremy Severson. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Johnson, Brandon) |
| Filing 24 NOTICE of supplemental authority re #10 MOTION to Stay re #1 Complaint MOTION for Temporary Restraining Order MOTION for Preliminary Injunction , #15 Response in Opposition to Motion by Lloyd Austin, Frank Kendall, Karl Schultz, Christine Wormuth. (Attachments: #1 Appendix)(Holland, Liam) |
| Filing 23 SUMMONS returned executed by Krystle Kageyama, Michael Jacobellis, Eric Burgess, Nicholas Hallmark, Jeremy Severson, Emily Nankivell, Brian Duffy, Howard Crosby, Howard Comrie, John Hyatt, Allen Hall, Brian Moody, Eric Marple, Gary Bodony, Joshua Schwartz, Paul Dee, Jessica Caldwell as to U.S. Attorney. (Johnson, Brandon) Modified on 1/11/2022 (LD). |
| Filing 22 SUMMONS returned executed by Krystle Kageyama, Michael Jacobellis, Eric Burgess, Nicholas Hallmark, Jeremy Severson, Emily Nankivell, Brian Duffy, Howard Crosby, Howard Comrie, John Hyatt, Allen Hall, Brian Moody, Eric Marple, Gary Bodony, Joshua Schwartz, Paul Dee, Jessica Caldwell as to Merrick Garland, Attorney General. (Johnson, Brandon) Modified on 1/11/2022 (LD). |
| Filing 21 RETURN of service executed on 12/16/21 by Krystle Kageyama, Michael Jacobellis, Eric Burgess, Nicholas Hallmark, Jeremy Severson, Emily Nankivell, Brian Duffy, Howard Crosby, Howard Comrie, John Hyatt, Allen Hall, Brian Moody, Eric Marple, Gary Bodony, Joshua Schwartz, Paul Dee, Jessica Caldwell as to Christine Wormuth. (Johnson, Brandon) |
| Filing 20 RETURN of service executed on 12/16/21 by Krystle Kageyama, Michael Jacobellis, Eric Burgess, Nicholas Hallmark, Jeremy Severson, Emily Nankivell, Brian Duffy, Howard Crosby, Howard Comrie, John Hyatt, Allen Hall, Brian Moody, Eric Marple, Gary Bodony, Joshua Schwartz, Paul Dee, Jessica Caldwell as to Karl Schultz. (Johnson, Brandon) |
| Filing 19 RETURN of service executed on 12/16/21 by Krystle Kageyama, Michael Jacobellis, Eric Burgess, Nicholas Hallmark, Jeremy Severson, Emily Nankivell, Brian Duffy, Howard Crosby, Howard Comrie, John Hyatt, Allen Hall, Brian Moody, Eric Marple, Gary Bodony, Joshua Schwartz, Paul Dee, Jessica Caldwell as to Frank Kendall. (Johnson, Brandon) |
| Filing 18 RETURN of service executed on 12/16/21 by Krystle Kageyama, Michael Jacobellis, Eric Burgess, Nicholas Hallmark, Jeremy Severson, Emily Nankivell, Brian Duffy, Howard Crosby, Howard Comrie, John Hyatt, Allen Hall, Brian Moody, Eric Marple, Gary Bodony, Joshua Schwartz, Paul Dee, Jessica Caldwell as to Carlos Del Toro. (Johnson, Brandon) |
| Filing 17 RETURN of service executed on 12/16/21 by Krystle Kageyama, Michael Jacobellis, Eric Burgess, Nicholas Hallmark, Jeremy Severson, Emily Nankivell, Brian Duffy, Howard Crosby, Howard Comrie, John Hyatt, Allen Hall, Brian Moody, Eric Marple, Gary Bodony, Joshua Schwartz, Paul Dee, Jessica Caldwell as to Lloyd Austin. (Johnson, Brandon) |
| Filing 16 ***TERMINATED, COUNSEL NOTIFIED TO FILE EACH AFFIDAVIT INDIVIDUALLY*** RETURN of service executed on December 21, 2021 by Krystle Kageyama, Eric Burgess, Nicholas Hallmark, Jeremy Severson, Emily Nankivell, Brian Duffy, Howard Crosby, Howard Comrie, John Hyatt, Allen Hall, Brian Moody, Eric Marple, Gary Bodony, Paul Dee, Jessica Caldwell as to All Defendants. (Attachments: #1 Affidavit, #2 Exhibit)(Johnson, Brandon) Modified on 1/10/2022 (LD). |
| Filing 15 RESPONSE in Opposition re #10 MOTION to Stay re #1 Complaint MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Lloyd Austin, Carlos Del Toro, Frank Kendall, Karl Schultz. (Attachments: #1 Table of Exhibits, #2 Exhibit 1: Secretary of Defense Message to the Force (Aug. 9, 2021), #3 Exhibit 2: Secretary of Defense Memorandum For Senior Pentagon Leadership, Commanders of the Combatant Commands, Defense Agency and DoD Field Activity Directors (Aug. 24, 2021), #4 Exhibit 3: Acting Assistant Secretary of Defense for Health Affairs Memorandum for Assistant Secretary of the Army (Manpower and Reserve Affairs), Assistant Secretary of the Navy (Manpower and Reserve Affairs), Assistant Secretary of the Air Force (Manpower and Reserve Affairs), and Director of the Defense Health Agency (Sept. 14, 2021), #5 Exhibit 4: DoDI 6205.02, #6 Exhibit 5: AR 40-562, #7 Exhibit 6: FRAGO 5, #8 Exhibit 7: ALNAV 062/21, #9 Exhibit 8: NAVADMIN 190/21, NAVADMIN 225/21, #10 Exhibit 9: MARADMIN 462/21, MARADMIN 533/21, #11 Exhibit 10: Secretary of Air Force Memorandum for Air Force Commanders (Sept. 3, 2021), #12 Exhibit 11: Dep't of the Air Force COVID-19 Vaccine Implementation Guidance (Sept. 3, 2021), #13 Exhibit 12: Congressional Research Report Defense Health Primer: Military Vaccinations, #14 Exhibit 13: Marks Declaration, #15 Exhibit 14: Rans Declaration, #16 Exhibit 15: Stanley Declaration, #17 Exhibit 16: Soltis Declaration, #18 Exhibit 17: Merz Declaration, #19 Exhibit 18: Furness Declaration, #20 Exhibit 19: Little Declaration, #21 Exhibit 20: Chapa Declaration, #22 Exhibit 21: Streett Declaration, #23 Exhibit 22: Hernandez Declaration, #24 Exhibit 23:ALCOAST 305/21, ALCOAST 315/21, ALCOAST 352/21, #25 Exhibit 24: Gilreath Declaration, #26 Exhibit 25: Buchanan Declaration, #27 Exhibit 26: Alderman Declaration, #28 Exhibit 27: Bradley Declaration, #29 Exhibit 28: Nichols Declaration, #30 Exhibit 29: Boling Declaration, #31 Exhibit 30: McWaters Declaration, #32 Exhibit 31: Katson Declaration, #33 Exhibit 32: Teta Declaration, #34 Exhibit 33: Budden Declaration, #35 Exhibit 34: Mammen Declaration, #36 Exhibit 35: McKaye Declaration, #37 Exhibit 36: Sanders Declaration, #38 Exhibit 37: Edmonds Declaration, #39 Exhibit 38: Lehner Declaration, #40 Exhibit 39: Smith Declaration, #41 Exhibit 40: Warner Declaration, #42 Exhibit 41: Williams Declaration, #43 Exhibit 42: Patterson Declaration, #44 Exhibit 43: Hyland Declaration, #45 Exhibit 44: Fuhrman Declaration, #46 Exhibit 45: Schoenrock Declaration, #47 Exhibit 46: Cummings Declaration)(Holland, Liam) |
| Filing 14 ***TERMINATED, COUNSEL NOTIFIED TO REFILE AS SUMMONS RETURNED EXECUTED AS TO EACH DEFENDANT*** PROOF of service by Gary Bodony, Eric Burgess, Jessica Caldwell, Howard Comrie, Howard Crosby, Paul Dee, Brian Duffy, Allen Hall, Nicholas Hallmark, John Hyatt, Krystle Kageyama, Eric Marple, Brian Moody, Emily Nankivell, Jeremy Severson (Attachments: #1 Affidavit Attorney General Garland, #2 US Attorney Koppman, #3 Navy Secretary Del Toro, #4 Army Secretary Wormuth, #5 Air Force Secretary Kendall, #6 Coast Guard Schultz, #7 Defense Secretary Austin)(Johnson, Brandon) Modified on 1/7/2022 (LD). |
Filing 13
ENDORSED ORDER: The "Joint Motion for an Enlargement of Page Limits and for a Briefing Schedule" (Doc. #11) is granted. On or before January 6, 2022, Defendants may file a response in opposition that does not exceed 40 pages. On or before January 17, 2022, Plaintiffs may file a reply that does not exceed 25 pages. Signed by Judge Thomas P. Barber on 1/5/2022. (ANL)
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| Filing 12 NOTICE by Gary Bodony, Eric Burgess, Jessica Caldwell, Howard Comrie, Howard Crosby, Paul Dee, Brian Duffy, Allen Hall, Nicholas Hallmark, John Hyatt, Michael Jacobellis, Krystle Kageyama, Eric Marple, Brian Moody, Emily Nankivell, Joshua Schwartz, Jeremy Severson Plaintiffs Michael Jacobellis and Joshua Schwartz's Notice of Dismissal (Johnson, Brandon) |
| Filing 11 Joint MOTION to File Excess Pages and for a Briefing Schedule, Joint MOTION for Extension of Time to File Response/Reply as to #10 MOTION to Stay re #1 Complaint MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by All Defendants. (Holland, Liam) |
| Filing 10 MOTION to Stay re #1 Complaint , MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Text of Proposed Order Proposed Order)(Johnson, Brandon) |
| Filing 9 SUMMONS issued as to Carlos Del Toro, Christine Wormuth, U.S. Attorney and U.S. Attorney General. (LD) |
| Filing 8 PROPOSED summons to be issued by Gary Bodony, Eric Burgess, Jessica Caldwell, Howard Comrie, Howard Crosby, Paul Dee, Brian Duffy, Allen Hall, Nicholas Hallmark, John Hyatt, Michael Jacobellis, Krystle Kageyama, Eric Marple, Brian Moody, Emily Nankivell, Joshua Schwartz, Jeremy Severson. (Attachments: #1 Proposed Summons)(Johnson, Brandon) |
| Filing 7 NOTICE to Counsel of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (SRC) |
| PRO HAC VICE FEES paid by attorney Brandon Johnson (Filing fee $150 receipt number TPA065305.) Related document: #3 MOTION for Brandon Johnson to appear pro hac vice. (ARC) |
| PRO HAC VICE FEES paid by attorney Travis Miller (Filing fee $150 receipt number TPA065305.) Related document: #4 MOTION for Travis Miller to appear pro hac vice. (ARC) |
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Filing 6
ENDORSED ORDER granting Plaintiffs' #4 Motion for Special Admission [as to Travis Miller]. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 11/26/2021. (WFM)
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Filing 5
ENDORSED ORDER granting Plaintiffs' #3 Motion for Special Admission [as to Brandon Johnson]. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 11/26/2021. (WFM)
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| Filing 4 MOTION for Travis Miller to appear pro hac vice by Gary Bodony, Eric Burgess, Jessica Caldwell, Howard Comrie, Howard Crosby, Paul Dee, Brian Duffy, Allen Hall, Nicholas Hallmark, John Hyatt, Michael Jacobellis, Krystle Kageyama, Eric Marple, Brian Moody, Emily Nankivell, Joshua Schwartz, Jeremy Severson. (LD) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 3 MOTION for Brandon Johnson to appear pro hac vice by Gary Bodony, Eric Burgess, Jessica Caldwell, Howard Comrie, Howard Crosby, Paul Dee, Brian Duffy, Allen Hall, Nicholas Hallmark, John Hyatt, Michael Jacobellis, Krystle Kageyama, Eric Marple, Brian Moody, Emily Nankivell, Joshua Schwartz, Jeremy Severson. (LD) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 2 SUMMONS issued as to Lloyd Austin, Frank Kendall, Karl Schultz, U.S. Attorney and U.S. Attorney General. (LD) |
| Filing 1 COMPLAINT against Lloyd Austin, Carlos Del Toro, Frank Kendall, Karl Schultz, Christine Wormuth Filing fee $ 402.00, receipt number TPA65305 filed by Krystle Kageyama, Michael Jacobellis, Eric Burgess, Nicholas Hallmark, Jeremy Severson, Emily Nankivell, Brian Duffy, Howard Crosby, Howard Comrie, John Hyatt, Allen Hall, Brian Moody, Eric Marple, Gary Bodony, Joshua Schwartz, Paul Dee, Jessica Caldwell. (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 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Civil Cover Sheet)(LD) |
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