Alvarado et al v. Austin, III et al
| Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Thomas Withers, Justin Wine, Matthew Wronski and Jerry Young |
| Lloyd Austin, III, Frank Kendall, Carlos Del Toro, Christine Wormuth, Xavier Becerra, Janet Woodcock, Rochelle P. Walensky and Rochelle Walensky |
| 8:2022cv01149 |
| May 18, 2022 |
| U.S. District Court for the Middle District of Florida |
| William F Jung |
| Christopher P Tuite |
| Civil Rights: Other |
| 05 U.S.C. § 0702 Administrative Procedure Act |
| None |
Docket Report
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| Filing 40 NOTICE of Rescheduled Hearing on #31 MOTION for Preliminary Injunction (previously scheduled for 7/20/2022). Motion Hearing set for 7/25/2022 at 9:30 AM in Zoom Video Conference before Judge William F. Jung. (CCB) |
| Filing 39 RESPONSE in Opposition re #31 MOTION for Preliminary Injunction filed by Lloyd Austin,III, Xavier Becerra, Carlos Del Toro, Frank Kendall, Rochelle Walensky, Janet Woodcock, Christine Wormuth. (Attachments: #1 Exhibit Table, #2 Exhibit Declaration of Maj. Scott Stanley, #3 Exhibit Declaration of Col. Tanya Rans, #4 Exhibit Declaration of Colonel Kevin J. Mahoney, with attached Army Policies (Army), #5 Exhibit Declaration of Admiral William Merz (Navy), #6 Exhibit Navy Policies with Index, #7 Exhibit Declaration of Lieutenant General David Furness (USMC), #8 Exhibit Marine Corps Policies, #9 Exhibit Declaration of Rear Admiral Eric Jones (USCG) and attached Coast Guard Policies, #10 Exhibit Declaration of Commander William P. Jones (Navy) re: Plaintiff Cox, #11 Exhibit AF COVID-19 Mandatory Vaccination Implementation Guidance, #12 Exhibit Declaration of Col. Artemio C. Chapa (AF), #13 Exhibit Declaration of Maj. Matthew Streett (AF), #14 Exhibit Declaration of Lt. Col. Nekitha Little (AF), #15 Exhibit Declaration of Lt. Col. Justin L. Long (AF), #16 Exhibit Declaration of Maj. Gen. Sharon R. Bannister (AF), #17 Exhibit Declaration of Col. Elizabeth Hernandez (AF), #18 Exhibit Declaration of Col. Ashley Heyen (AF), #19 Exhibit Declaration of Col. Maureen A. Farrell (AF), #20 Exhibit Dunn v. Austin, No. 22-cv-00288, Tr. (E.D. Cal. Feb. 22, 2022), #21 Exhibit Air Force Religious Freedom Training Course Description, #22 Exhibit Declaration of Lt. Col. Joshua J. Wolfram (AF) re: Plaintiffs Barfield, Fussell, Layfield, Ingram & Rodriguez, #23 Exhibit Barfield RAR Working File, #24 Exhibit Fussell RAR Working File, #25 Exhibit Layfield RAR Working File, #26 Exhibit Declaration of Maj. Gen. Jeffrey Pennington (AF) re: Plaintiff Brobst, #27 Exhibit Brobst RAR Working File, #28 Exhibit Declaration of Lt. Col. Shawn M. Schulz (AF) re: Plaintiff Henderson, #29 Exhibit Henderson RAR Working File, #30 Exhibit Declaration of Col. Daniel C. Diehl (AF) re: Plaintiff Jackson, #31 Exhibit Jackson RAR Working File, #32 Exhibit Declaration of Capt. Keith M. Donohue (USCG) re: Plaintiff Brown, #33 Exhibit Brown RAR Working File, #34 Exhibit Gentilhomme RAR Working File, #35 Exhibit Alvarado RAR Working File)(ClendenenMichael) |
| Filing 38 NOTICE of Appearance by Michael Patrick Clendenen on behalf of Lloyd Austin, III, Xavier Becerra, Carlos Del Toro, Frank Kendall, Rochelle Walensky, Janet Woodcock, Christine Wormuth. (Clendenen, Michael) |
| Filing 37 NOTICE of Appearance by Amy Powell on behalf of Lloyd Austin, III, Xavier Becerra, Carlos Del Toro, Rochelle Walensky, Janet Woodcock, Christine Wormuth, Frank Kendall. (Powell, Amy) |
| Filing 36 NOTICE of Plaintiff's Errata by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young re #31 MOTION for Preliminary Injunction. (Attachments: #1 Exhibit 1 Corrected PI pages 44-46, #2 Exhibit 2 PI with Corrected page nos)(Schulcz, Arthur) |
| Filing 35 PROOF of service by Israel Alvarado as to Carlos Del Toro. (Johnson, Brandon) |
Filing 34
ENDORSED ORDER granting #33 Motion. The Motion for preliminary injunction is deemed timely filed. Signed by Judge William F. Jung on 6/29/2022. (CCB)
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| Filing 33 Unopposed MOTION for Extension of Time to File Preliminary Injunction ; enlargement of time of 2 hrs & 34 minutes by All Plaintiffs. (Schulcz, Arthur) |
| Filing 32 NOTICE of hearing on #31 MOTION for Preliminary Injunction. Motion Hearing set for 7/20/2022 at 9:00 AM in Zoom Video Conference before Judge William F. Jung. (CCB) |
| Filing 31 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit 1 Complaint, #2 Exhibit 2 2016 NDAA, #3 Exhibit 3 2018 NDAA, #4 Exhibit 4 Prop Order, #5 Exhibit 5 DoDI 1300.17, #6 Exhibit 6 Pls 533 injuries, #7 Exhibit 7 Pls Decls, #8 Exhibit 8 CDC emails, #9 Exhibit 9 Mandate as religion, #10 Text of Proposed Order)(Schulcz, Arthur) |
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Filing 30
ENDORSED ORDER granting #29 Motion to set briefing schedule. Plaintiffs' motion is due 6/28/2022, Defendants' opposition is due 7/12/2022, and Plaintiffs' reply due 7/18/2022. Signed by Judge William F. Jung on 6/28/2022. (CCB) Modified on 6/28/2022 (CCB).
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| Filing 29 Joint MOTION for Miscellaneous Relief, specifically Set Briefing Schedule by All Plaintiffs. (Schulcz, Arthur) |
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Filing 28
ENDORSED ORDER granting #27 Motion to File Excess Pages: no more than 45 pages for the motion, 40 pages for the response, and 15 pages for the reply. Signed by Judge William F. Jung on 6/28/2022. (CCB)
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| Filing 27 Joint MOTION to File Excess Pages by All Plaintiffs. (Schulcz, Arthur) |
| Filing 26 PROOF of service by Israel Alvarado (Johnson, Brandon) |
| Filing 25 PROOF of service by Israel Alvarado (Johnson, Brandon) |
| Filing 24 PROOF of service by Israel Alvarado (Johnson, Brandon) |
| Filing 23 PROOF of service by Israel Alvarado (Johnson, Brandon) |
| Filing 22 PROOF of service by Israel Alvarado (Johnson, Brandon) |
| Filing 21 PROOF of service by Israel Alvarado (Johnson, Brandon) |
| Filing 20 PROOF of service by Israel Alvarado (Johnson, Brandon) |
| Filing 19 PROOF of service by Israel Alvarado (Johnson, Brandon) |
| Filing 18 PROOF of service by Israel Alvarado. (Johnson, Brandon) |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Meyer, J.) |
| Filing 16 NOTICE of a related action per Local Rule 1.07(c) by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. Related case(s): Yes (Schulcz, Arthur) |
| FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-19613952 for $150 paid. Special Admission for Non-Resident Attorney Arthur A. Schulcz, Sr., Esq.. (Meyer, J.) |
| Filing 15 NOTICE of Lead Counsel Designation by J. Andrew Meyer on behalf of Doyle Harris, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. Lead Counsel: Arthur A. Schulcz, Sr. (Meyer, J.) |
| Filing 14 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (CAH) |
| Filing 13 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) 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. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (CAH) |
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Filing 12
ENDORSED ORDER re: Plaintiffs' #9 [Second] Motion for Special Admission as to Brandon Johnson, Esq. In light of the Court's Order granting Plaintiffs' [First] Motion for Special Admission as to Brandon Johnson, Esq. (#8), this second such motion is denied as moot. Signed by Magistrate Judge Christopher P. Tuite on 5/24/2022. (WFM)
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Filing 11
ENDORSED ORDER granting Plaintiffs' #8 [First] Motion for Special Admission as to Brandon Johnson, Esq. 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 5/24/2022. (WFM)
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Filing 10
ENDORSED ORDER granting Plaintiffs' #7 Motion for Special Admission as to Arthur A. Schulcz, Sr., Esq. 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 5/24/2022. (WFM)
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| Filing 9 MOTION for Brandon Johnson to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19603035 for $150 by All Plaintiffs. (Johnson, Brandon) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 8 MOTION for Brandon Johnson to appear pro hac vice by All Plaintiffs. (Meyer, J.) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 7 MOTION for Arthur A. Schulcz, Sr. to appear pro hac vice by All Plaintiffs. (Meyer, J.) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 6 NOTICE to counsels Arthur A. Schulcz, Jr. and Brandon Johnson of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BD) |
| Filing 5 NOTICE to Counsels of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (BD) |
| Filing 4 SUMMONS issued as to Lloyd Austin, III, Xavier Becerra, Carlos Del Toro, Frank Kendall, Rochelle Walensky, Janet Woodcock, Christine Wormuth, U.S. Attorney and U.S. Attorney General. (BD) |
| Filing 3 PROPOSED summons to be issued by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Meyer, J.) |
| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Christopher P. Tuite. New case number: 8:22-cv-1149-WFJ-CPT. (SJB) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $402 receipt number BFLMDC-19586535) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 (Part 1 of 2), #3 Exhibit 1 (Part 2 of 2), #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8)(Meyer, J.) |
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