State Department Employee 1, et al v. Austin et al
| State Department Employee 1 and Management and Program Analyst |
| Lloyd J. Austin, III, Christine Wormuth, Carlos Del Toro, David H. Berger, Frank Kendall, Alejandro N. Mayorkas, Robin Carnahan, Kiran Ahuja, Lesley A. Field and Mathew C. Blum |
| 8:2022cv00364 |
| February 14, 2022 |
| U.S. District Court for the Middle District of Florida |
| Steven D Merryday |
| Thomas G Wilson |
| Civil Rights: Other |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| None |
Docket Report
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This docket was last retrieved on April 8, 2022. A more recent docket listing may be available from PACER.
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Filing 21
ORDER granting #20--motion for extension of time; permitting the plaintiffs to respond to the motion to dismiss not later than 5/9/2022. Signed by Judge Steven D. Merryday on 4/8/2022. (KRM)
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| Filing 20 Unopposed MOTION for Extension of Time to File Response/Reply as to #19 MOTION to Dismiss Second Amended Complaint MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by All Plaintiffs. (Gannam, Roger) |
| Filing 19 MOTION to Dismiss Second Amended Complaint , MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by All Defendants. (Attachments: #1 Exhibit Declaration of Jeanne Juliao)(Merritt, Robert) |
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Filing 18
ORDER granting #17--motion to file excess pages; permitting the defendants to file a thirty-page motion. Signed by Judge Steven D. Merryday on 3/16/2022. (KRM)
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| Filing 17 Unopposed MOTION to File Excess Pages by All Defendants. (Merritt, Robert) |
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Filing 16
ORDER granting #15--motion for extension of time; requiring the defendants to respond to the complaint not later than 3/18/2022. Signed by Judge Steven D. Merryday on 2/28/2022. (KRM)
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| Filing 15 Unopposed MOTION for Extension of Time to File Answer re #14 Amended Complaint or Otherwise Respond by All Defendants. (Merritt, Robert) |
| Filing 14 AMENDED COMPLAINT (SECOND) against Kiran Ahuja, Lesley A. Field, Alejandro N. Mayorkas filed by All Plaintiffs. (Attachments: #1 Exhibit A - EO 14043, #2 Exhibit B - EO 14042, #3 Exhibit C - Safer Federal Workforce Guidance, #4 Exhibit D - COMIRNATY Letter, #5 Exhibit E - Pfizer-BioNTech Letter, #6 Exhibit F - McCullough Declaration)(Gannam, Roger) |
| Filing 13 Amended NOTICE of Filing of Motion to Transfer by Kiran Ahuja, Lloyd J. Austin, III, David H. Berger, Mathew C. Blum, Robin Carnahan, Carlos Del Toro, Lesley A. Field, Frank Kendall, Alejandro N. Mayorkas, Christine Wormuth (Attachments: #1 Exhibit Copy of transfer motion)(Merritt, Robert) Modified text on 2/16/2022 (MCB). |
| Filing 12 NOTICE of Filing of Motion to Transfer by Kiran Ahuja, Lloyd J. Austin, III, David H. Berger, Mathew C. Blum, Robin Carnahan, Carlos Del Toro, Lesley A. Field, Frank Kendall, Alejandro N. Mayorkas, Christine Wormuth (Merritt, Robert) Modified text on 2/15/2022 (MCB). |
| Filing 11 Amended NOTICE of a related action per Local Rule 1.07(c) by Kiran Ahuja, Lloyd J. Austin, III, David H. Berger, Mathew C. Blum, Robin Carnahan, Carlos Del Toro, Lesley A. Field, Frank Kendall, Alejandro N. Mayorkas, Christine Wormuth. Related case(s): Yes (Merritt, Robert) Modified text on 2/15/2022 (MCB). |
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Filing 1
COPY OF ORDER severing the non-service member plaintiffs and their claims. Signed by Judge Steven D. Merryday on 2/12/2022. (AG)
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| Filing 10 RESPONSE in Opposition re #8 MOTION for Miscellaneous Relief, specifically to Proceed Pseudonumously filed by Kiran Ahuja, Lloyd Austin, David H. Berger, Mathew C. Blum, Robin Carnahan, Carlos Del Toro, Lesley A. Field, Frank Kendall, Alejandro Mayorkas, Christine Wormuth. (Attachments: #1 Exhibit A - Coker Order, #2 Exhibit B - Oklahoma Order) (filed as dkt. 79 in case 8:21-cv-2429-SDM-TGW) (AG) |
| Filing 2 AMENDED COMPLAINT against Kiran Ahuja, Lloyd Austin, David H. Berger, Mathew C. Blum, Robin Carnahan, Carlos Del Toro, Lesley A. Field, Frank Kendall, Alejandro Mayorkas, Christine Wormuth filed by State Department Employee 1. (filed as dkt. 75 in case 8:21-cv-2429-SDM-TGW)(AG) |
| Filing 9 SUPPLEMENTAL RESPONSE in Opposition re #3 Emergency MOTION for Temporary Restraing Order and Preliminary Injunction filed by Lloyd Austin, Alejandro Mayorkas. (Attachments: #1 Table of Exhibits, #2 Exhibit 1 - Department of Defense Instruction ("DoDI" 1332.45, Retention Determination for Non-Deployable Service Members, #3 Exhibit 2 - Declaration of Captain Lanny F. Littlejohn, filed in Navy Seals 1-26, #4 Exhibit 3 - Declaration of Colonel Tonya Rans, #5 Exhibit 4 - Declaration of Major Scott Stanley, #6 Exhibit 5 - Declaration of Colonel Artemio Chapa, #7 Exhibit 6 - Declaration of Major General Telita Crosland, #8 Exhibit 7 - Declaration of Rear Admiral Gayle D. Shaffer, #9 Exhibit 8 - Declaration of Rear Admiral Dana Thomas, #10 Exhibit 9 - Declaration of Captain Joon Yun, #11 Exhibit 10 - Declaration of Colonel Eric N. Thompson, #12 Exhibit 11 - Declaration of Captain Frank Brandon) (filed as dkt. 74 in case 8:21-cv-2429-SDM-TGW)(AG) Modified text on 2/14/2022 (AG). |
| Filing 8 MOTION for Miscellaneous Relief, specifically to Proceed Pseudonumously by All Plaintiffs. (Attachments: #1 Exhibit A - Declaration of Richard L. Mast) (filed as dkt. 55 in case 8:21-cv-2429-SDM-TGW)(AG) |
| Filing 7 MEMORANDUM in support re #3 Motion for Temporary Restraining Order and Preliminary Injunction filed by Air Force Major, Army Ranger, Captain, Chaplain, Coast Guard Lieutenant, Colonel, Defense Department Contractor, Department of Energy Civilian Nuclear Tech, EOD Officer, Federal Civilian Contractor Employer, Federal Civilian Engineer Contractor, Federal Nuclear Contractor Employee, Lance Corporal 1, Lance Corporal 2, Lieutenant Colonel 1, Lieutenant Colonel 2, Major, National Guardsman, Navy Seal 1, Navy Seal 2, Second Lieutenant, Senior Chief Petty Officer, Technical Sergeant. (Attachments: #1 Exhibit A - Fed for Med. Freedom v. Biden) (filed as dkt. 51 in case 8:21-cv-2429-SDM-TGW)(AG) |
| Filing 6 RESPONSE in Opposition re #4 MOTION to Certify Class filed by Lloyd Austin, Alejandro Mayorkas. (Attachments: #1 Exhibit A - Declaration of Major General Sharon R. Bannister, #2 Exhibit B - Declaration of Commander Brooke Grant, #3 Exhibit C - Declaration of Colonel Adam Lyle Jeppe, #4 Exhibit D - Declaration of Captain Mery-Angela Sanabria Katson, #5 Exhibit E - Declaration of Laurence J. Bazer, #6 Exhibit F - Declaration of Major General Telita Crosland) (filed as dkt. 42 in case 8:21-cv-2429-SDM-TGW)(AG) Modified on 2/14/2022 (AG). |
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Filing 5
ORDER on motion for preliminary injunction. Signed by Judge Steven D. Merryday on 11/22/2021. (filed as dkt. 40 in case 8:21-cv-2429-SDM-TGW) (AG)
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| Filing 4 MOTION to Certify Class by All Plaintiffs. (Attachments: #1 Exhibit A - Declaration of Horatio G. Mihet) (filed as dkt. 35 in case 8:21-cv-2429-SDM-TGW)(AG) |
| Filing 3 MOTION for Temporary Restraining Order and Preliminary Injunction by All Plaintiffs. (filed as dkt. 2 in case 8:21-cv-2429-SDM-TGW) (AG) |
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