AIR FORCE OFFICER v. AUSTIN et al
| AIR FORCE OFFICER |
| Lloyd J Austin, III, FRANK KENDALL, III, Robert L. Miller and ROBERT I MILLER |
| FOUNDATION FOR MORAL LAW |
| 5:2022cv00009 |
| January 6, 2022 |
| US District Court for the Middle District of Georgia |
| TILMAN E SELF |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on April 27, 2022. A more recent docket listing may be available from PACER.
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Filing 58
MOTION for Preliminary Injunction by AIR FORCE OFFICER filed by ADAM HOCHSCHILD. (Attachments: #1 Memorandum in Support)(HOCHSCHILD, ADAM)
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Filing 57
MOTION to Certify Class by AIR FORCE OFFICER filed by ADAM HOCHSCHILD. (Attachments: #1 Memorandum in Support, #2 Declaration of Adam Hochschild, #3 Declaration of Paul M. Jonna, #4 Declaration of Mary Catherine Hodes)(HOCHSCHILD, ADAM). Added MOTION to Appoint Class Counsel on 3/1/2022 (tam).
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Filing 56
AMENDED #1 Complaint, against All Defendants by AIR FORCE OFFICER (HOCHSCHILD, ADAM)
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Filing 55
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by PAUL MICHAEL JONNA. (mdm)
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Notice of Deficiency (related document(s): #53 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by AIR FORCE OFFICER ); Other: Document is not signed. Please do not refile - Filed correctly at #54 .(mdm)
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Filing 54
PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by AIR FORCE OFFICER Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4026669, $100. LOCAL COUNSEL Name and Georgia Bar #: Michael R. Hirsh #357220. (Attachments: #1 Certificate of Good Standing)(JONNA, PAUL)
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Filing 53
***FILED CORRECTLY AT #54 *** PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by AIR FORCE OFFICER Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-4026557, $100. LOCAL COUNSEL Name and Georgia Bar #: Michael R. Hirsh #357220. (Attachments: #1 Certificate of Good Standing)(JONNA, PAUL) Modified on 2/28/2022 to edit docket text. (mdm)
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Filing 52
ORDER granting Plaintiff's #3 Motion for Leave to Proceed Anonymously. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 2/15/2022. (ech)
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Filing 51
ORDER granting #2 Motion for Preliminary Injunction. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 2/15/2022. (ech)
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Filing 50
Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE TILMAN E SELF, III: Motion Hearing held on 2/3/2022 re #2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction filed by AIR FORCE OFFICER, #3 MOTION re #1 Complaint, filed by AIR FORCE OFFICER (Court Reporter Darlene Fuller.) Court Reporter: Darlene Fuller.Time in Court: 1 hour 54 minutes. (chc)
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Notice of Deficiency (related document(s): #47 Reply to Response to Motion, filed by AIR FORCE OFFICER ); Notice to Counsel (STEPHEN CRAMPTON). The e mail address on the document does not match your e mail address in CM/ECF. If necessary, please update your e mail address via PACER.(tam)
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Filing 49
EXHIBIT(S) 2 to Declaration of Stephen Crampton by AIR FORCE OFFICER re #3 MOTION re #1 Complaint,, #47 Reply to Response to Motion, (CRAMPTON, STEPHEN)
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Filing 48
EXHIBIT(S) 1 to Declaration of Stephen Crampton by AIR FORCE OFFICER re #3 MOTION re #1 Complaint,, #47 Reply to Response to Motion, (CRAMPTON, STEPHEN)
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Filing 47
REPLY to Response filed by AIR FORCE OFFICER re #3 MOTION re #1 Complaint, (Attachments: #1 Affidavit Air Force Officer Decl. re Anonymity, #2 Affidavit Attorney Decl. re Facebook posts, #3 Exhibit Facebook posts)(CRAMPTON, STEPHEN)
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Filing 46
NOTICE of Supplemental Authority by LLOYD J AUSTIN, III, FRANK KENDALL, III, ROBERT I MILLER re #37 Response to Motion (Attachments: #1 Exhibit A: Oklahoma v. Biden)(SIMON, LANCE)
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Filing 45
RESPONSE in Opposition re #44 Restricted Document - Pursuant to Protective Order, (HOCHSCHILD, ADAM)
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Filing 44
Restricted Document Notice of Supplemental Data re #40 Reply to Response to Motion filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (Attachments: #1 Exhibit A: Decl. of Col. Jason A. Holbrook)(SIMON, LANCE)
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Filing 43
This is a text only entry; no document issued. ORDER granting #42 Motion for Leave to File Amicus Curiae Brief in Support of Plaintiff filed by FOUNDATION FOR MORAL LAW re #1 Complaint. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 2/4/2022. (ech)
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Filing 42
Motion for Leave to File BRIEF Amicus Curiae Brief in Support of Plaintiff filed by FOUNDATION FOR MORAL LAW re #1 Complaint, (BURTON, JESSICA) Modified on 2/4/2022 to correct event type (tam).
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NOTICE TO COUNSEL John A. Eidsmoe - Counsel is notified that they do not show in the court records that they meet the required attorney admissions policies of this court. If within 14 days of this notice all requirements, including the payment of Pro Hac Vice or admissions fees, have not been met, a show cause hearing will be scheduled. PLEASE BE ADVISED you will not receive electronic notification of electronic filings until you comply with the admissions requirements.(tam)
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Notice of Deficiency (related document(s): #39 Brief filed by FOUNDATION FOR MORAL LAW ); Document must be re-filed using correct event which is (Motion for Leave to File then you may add the word Brief in the text box). (tam)
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Filing 41
Restricted Document re #2 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (Attachments: #1 Exhibit Email String Re: Exemption Req.)(MCHALE, MICHAEL)
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Filing 40
REPLY to Response filed by AIR FORCE OFFICER re #2 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction (Attachments: #1 Exhibit Navy Seal 1 v. Biden Order, #2 Exhibit Air Force Exemptions Stats)(MCHALE, MICHAEL)
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Filing 39
BRIEF Amicus Curiae Brief in Support of Plaintiff filed by Foundation for Moral Law re #1 Complaint, (BURTON, JESSICA)
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Filing 38
Restricted Document Official Capacity Defendants' Opposition to Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction re #29 Protective Order, #2 MOTION for Temporary Restraining OrderMOTION for Preliminary Injunction filed pursuant to a protective order. The attached document is restricted to court users and attorneys of record in the case. (Attachments: #1 Table of Exhibits, #2 Exhibit 1: Secretary Message to Force (Aug 9 2021), #3 Exhibit 2: Secretary Memo (Aug 24 2021), #4 Exhibit 3: DoDI 6205.02, #5 Exhibit 4: AFI 48-110, #6 Exhibit 5: DoDI 1300.17, #7 Exhibit 6: Sec. AF Memo (Sept 3 2021), #8 Exhibit 7: AF COVID Guidance (Sept 3 2021), #9 Exhibit 8: CRS Report Military Vaccinations, #10 Exhibit 9: Decl. of Rans, M.D., #11 Exhibit 10: Decl. of Stanley, #12 Exhibit 11: Decl. of Linnean, #13 Exhibit 12: Decl. of Poel, #14 Exhibit 13: Decl. of Chapa, #15 Exhibit 14: AFI 52-201, #16 Exhibit 15: Decl. of Streett, #17 Exhibit 16: Decl. of Watson, #18 Exhibit 17: CMS Printout, #19 Exhibit 18: Member's Memo (Oct 13 2021), #20 Exhibit 19: Acknowledgment Memo (Oct 7 2021), #21 Exhibit 20: Physician Counsel Memo (Oct 7 2021), #22 Exhibit 21: Chaplain Interview Checklist (Oct 4 2021), #23 Exhibit 22: Chaplain Memo (Oct 4 2021), #24 Exhibit 23: RRT Recommendation Memo (Oct 23 2021), #25 Exhibit 24: Memo for HQ ARFC/CD (Oct 18 2021), #26 Exhibit 25: Memo Denying Request (Oct 26 2021), #27 Exhibit 26: Appeal Request (Oct 29 2021), #28 Exhibit 27: Email from Linnean to Reyes Nov 23 2021), #29 Exhibit 28: Decision on RA Appeal (Dec 1 2021), #30 Exhibit 29: Options and Retirement Request (Dec 11 2021), #31 Exhibit 30: Sec AF Memo for AF Commanders (Dec 7 2021), #32 Exhibit 31: AFI 10-250, #33 Exhibit 32: Two Faces of Death)(SIMON, LANCE)
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Filing 37
RESPONSE filed by LLOYD J AUSTIN, III, FRANK KENDALL, III, ROBERT I MILLER re #3 MOTION re #1 Complaint, (Attachments: #1 Exhibit A: Coker Order)(SIMON, LANCE)
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Filing 36
This is a text only entry; no document issued. ORDER permitting any party wanting to file a document containing Identifying Information (as described in the Court's #29 Protective Order) to do so under seal until the Court rules on Plaintiff's #3 Motion for Leave to Proceed Anonymously. Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 1/28/2022. (ech)
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Filing 35
This is a text only entry; no document issued. ORDER granting in part and denying in part #34 Motion for Leave to File Excess Pages. Defendants may have up to 32 pages to file its response brief to Plaintiff's Motion for TRO. Ordered by US DISTRICT JUDGE TILMAN E SELF, III on 1/27/2022 (TES)
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Filing 34
MOTION for Leave to File Excess Pages for Response to #2 Motion for Temporary Restraining Order and Preliminary Injunction by LLOYD J AUSTIN, III, FRANK KENDALL, III, ROBERT I MILLER filed by LANCE SIMON. (Attachments: #1 Proposed Order)(SIMON, LANCE) Modified on 1/28/2022 to add docket text (tam).
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Filing 33
NOTICE of Attorney Appearance by CASSIE SNYDER on behalf of All Defendants Attorney CASSIE SNYDER added to party LLOYD J AUSTIN, III(pty:dft), Attorney CASSIE SNYDER added to party FRANK KENDALL, III(pty:dft), Attorney CASSIE SNYDER added to party ROBERT I MILLER(pty:dft)(SNYDER, CASSIE)
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Filing 32
NOTICE of Attorney Appearance by LANCE SIMON on behalf of All Defendants Attorney LANCE SIMON added to party LLOYD J AUSTIN, III(pty:dft), Attorney LANCE SIMON added to party FRANK KENDALL, III(pty:dft), Attorney LANCE SIMON added to party ROBERT I MILLER(pty:dft)(SIMON, LANCE)
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Filing 31
NOTICE of Attorney Appearance by KEVIN D ABERNETHY on behalf of All Defendants Attorney KEVIN D ABERNETHY added to party LLOYD J AUSTIN, III(pty:dft), Attorney KEVIN D ABERNETHY added to party FRANK KENDALL, III(pty:dft), Attorney KEVIN D ABERNETHY added to party ROBERT I MILLER(pty:dft)(ABERNETHY, KEVIN)
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SECOND Notice of Deficiency (related document(s): #12 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by AIR FORCE OFFICER ); Notice to Counsel (STEPHEN M CRAMPTON). The e mail address on the document does not match your e mail address in CM/ECF. If necessary, please update your e mail address via PACER.(tam)
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Filing 30
NOTICE of Attorney Appearance by ZACH A AVALLONE on behalf of All Defendants Attorney ZACH A AVALLONE added to party LLOYD J AUSTIN, III(pty:dft), Attorney ZACH A AVALLONE added to party FRANK KENDALL, III(pty:dft), Attorney ZACH A AVALLONE added to party ROBERT I MILLER(pty:dft)(AVALLONE, ZACH)
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Filing 29
PROTECTIVE ORDER Ordered by US DISTRICT JUDGE TILMAN E. SELF, III on 1/21/2022. (Attachments: Appendix A) (ech)
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Filing 28
NOTICE OF RESETTING HEARING ON MOTION re #3 MOTION re #1 Complaint, #2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction. Motion Hearing previously set for 1/26/2022 is NOW RESET for 2/3/2022 at 10:00 AM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Hearing will occur IN-PERSON. Counsel, parties, and members of the public and press should review Standing Order 2021-08, available on the courts website, regarding courthouse entrance procedures due to COVID-19. (chc)
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Filing 27
Minute Entry (content for administrative purposes only) for proceedings held before US DISTRICT JUDGE TILMAN E SELF, III: Telephone Conference held on 1/21/2022. Court Reporter: Darlene Fuller.Time in Court: 35 Minutes. (chc)
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Filing 26
NOTICE of Additional Authority by AIR FORCE OFFICER re #2 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction (Attachments: #1 1-21-22 S.D.Tex. Preliminary Injunction Order)(HOCHSCHILD, ADAM)
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Filing 25
Affidavit of Service by AIR FORCE OFFICER as to ROBERT I MILLER. (HIRSH, MICHAEL) Modified on 1/21/2022 to add docket text (tam).
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Filing 24
Affidavit of Service by AIR FORCE OFFICER as to FRANK KENDALL, III. (HIRSH, MICHAEL) Modified on 1/21/2022 to correct docket text (tam).
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Filing 23
Affidavit of Service by AIR FORCE OFFICER as to LLOYD J AUSTIN, III. (HIRSH, MICHAEL) Modified on 1/21/2022 to correct docket text (tam).
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Filing 22
SUMMONS Returned Executed by AIR FORCE OFFICER as to ROBERT I MILLER. (Attachments: #1 Exhibit Cover Letter to Dept of Defense in Wash DC, #2 Exhibit USPS Return Receipt for DoD in DC)(HIRSH, MICHAEL)
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Filing 21
SUMMONS Returned Executed by AIR FORCE OFFICER as to ROBERT I MILLER. (Attachments: #1 Exhibit Cover Letter to US Atty in Macon, #2 Exhibit USPS Return Receipt for US Atty in Macon)(HIRSH, MICHAEL)
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Filing 20
SUMMONS Returned Executed by AIR FORCE OFFICER as to ROBERT I MILLER. (Attachments: #1 Exhibit Cover letter to US Atty Wash DC, #2 Exhibit USPS Return Receipt for US Atty in DC)(HIRSH, MICHAEL)
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Filing 19
SUMMONS Returned Executed by AIR FORCE OFFICER as to FRANK KENDALL, III. (Attachments: #1 Exhibit Cover Letter to Dept of Defense in Wash DC, #2 Exhibit USPS Return Receipt for DoD in DC)(HIRSH, MICHAEL)
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Filing 18
SUMMONS Returned Executed by AIR FORCE OFFICER as to FRANK KENDALL, III. (Attachments: #1 Exhibit Cover Letter to US Atty in Macon, #2 Exhibit USPS Return Receipt for US Atty in Macon)(HIRSH, MICHAEL)
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Filing 17
SUMMONS Returned Executed by AIR FORCE OFFICER as to FRANK KENDALL, III. (Attachments: #1 Exhibit Cover letter to US Atty Wash DC, #2 Exhibit USPS Return Receipt for US Atty in DC)(HIRSH, MICHAEL)
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Filing 16
SUMMONS Returned Executed by AIR FORCE OFFICER as to LLOYD J AUSTIN, III. (Attachments: #1 Exhibit Cover Letter to Dept of Defense in Wash DC, #2 Exhibit USPS Return Receipt for DoD in DC)(HIRSH, MICHAEL)
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Filing 15
SUMMONS Returned Executed by AIR FORCE OFFICER as to LLOYD J AUSTIN, III. (Attachments: #1 Exhibit Cover Letter to US Atty in Macon, #2 Exhibit USPS Return Receipt for US Atty in Macon)(HIRSH, MICHAEL)
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Filing 14
SUMMONS Returned Executed by AIR FORCE OFFICER as to LLOYD J AUSTIN, III. (Attachments: #1 Exhibit Cover letter to US Atty Wash DC, #2 Exhibit USPS Return Receipt for US Atty in DC)(HIRSH, MICHAEL)
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Filing 13
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by STEPHEN M CRAMPTON. (mdm)
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NOTICE OF SETTING hearing. Telephone Conference set for 1/21/2022 is now set for 3:00 PM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Call-in instructions will be sent to the parties via email. (chc) Modified on 1/20/2022 (chc).
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Notice of Deficiency (related document(s): #12 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by AIR FORCE OFFICER ); Notice to Counsel (STEPHEN M CRAMPTON). The e mail address on the document does not match your e mail address in CM/ECF. If necessary, please update your e mail address via PACER.(tam)
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Filing 12
PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by AIR FORCE OFFICER Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3995455, $100. LOCAL COUNSEL Name and Georgia Bar #: Michael R. Hirsh, GA #357220. (Attachments: #1 Certificate of Good Standing)(CRAMPTON, STEPHEN)
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Filing 11
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MARY CATHERINE HODES. (mdm)
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Notice of Deficiency (related document(s): #10 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by AIR FORCE OFFICER ); For future reference all documents must be converted into text-searchable PDF format. NO NEED TO REFILE. See CM/ECF Administrative Procedures, page 9.(tam)
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Notice of Deficiency (related document(s): #10 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by AIR FORCE OFFICER ); Notice to Counsel (MARY CATHERINE HODES). The e mail address on the document does not match your e mail address in CM/ECF. If necessary, please update your e mail address via PACER.(tam)
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Filing 10
PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by AIR FORCE OFFICER Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3990466, $100. LOCAL COUNSEL Name and Georgia Bar #: Michael R. Hirsch #357220. (Attachments: #1 Certificate of Good Standing Hodes Certificate of Good Standing)(HODES, MARY)
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Filing 9
NOTICE OF SETTING HEARING ON MOTION re #2 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Motion Hearing set for 1/26/2022 at 11:00 AM in Macon before US DISTRICT JUDGE TILMAN E SELF III. Hearing will occur IN-PERSON. Counsel, parties, and members of the public and press should review Standing Order 2021-08, available on the courts website, regarding courthouse entrance procedures due to COVID-19. (chc)
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Filing 8
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by MICHAEL MCHALE (mdm)
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Filing 7
Order granting Petition for Admission Pro Hac Vice (Petition Attached); Attorney Admission Fee Met by ADAM HOCHSCHILD. (mdm)
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Filing 6
PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by AIR FORCE OFFICER Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3988428, $100. LOCAL COUNSEL Name and Georgia Bar #: Michael Hirsh 357220. (Attachments: #1 Certificate of Good Standing)(MCHALE, MICHAEL)
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Filing 5
PETITION TO THE CLERK FOR ADMISSION TO PLEAD AND PRACTICE PRO HAC VICE by AIR FORCE OFFICER Attorney Admission Fee (Pro Hac Vice) paid by Receipt # AGAMDC-3988352, $100. LOCAL COUNSEL Name and Georgia Bar #: Michael Hirsh 357220. (Attachments: #1 Certificate of Good Standing D.Vt.)(HOCHSCHILD, ADAM)
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Notice of Deficiency (related document(s): #6 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by AIR FORCE OFFICER, #5 Petition to the Clerk for Admission to Plead and Practice Pro Hac Vice, filed by AIR FORCE OFFICER ); For future reference all documents must be converted into text-searchable PDF format. NO NEED TO REFILE See CM/ECF Administrative Procedures, page 9.(tam)
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Filing 4
Summons Issued as to LLOYD J AUSTIN, III, FRANK KENDALL, III, ROBERT I MILLER. (Attachments: #1 Summons Frank Kendall III, #2 Summons Robert L Miller)(tam)
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Filing 3
MOTION for Leave to Proceed Anonymously re #1 Complaint, by AIR FORCE OFFICER filed by MICHAEL HIRSH. (Attachments: #1 Memorandum in Support Memo in support for Plaintiff to proceed anonymously)(HIRSH, MICHAEL) Modified on 1/7/2022 to add docket text (tam).
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Filing 2
MOTION for Temporary Restraining Order by AIR FORCE OFFICER filed by MICHAEL HIRSH. (Attachments: #1 Memorandum in Support Memo in support of TRO and PI, #2 Affidavit Plaintiff's Declaration, #3 Exhibit 8/24/21 DoD Order, #4 Exhibit 10/13/21 Military Request, #5 Exhibit 9/9/21 Executive Order, #6 Exhibit 9/21/21 Officer Order, #7 Exhibit 10/1/21 DoD Order, #8 Exhibit 10/8/21 Air Force Order, #9 Exhibit AFI 48-110, #10 Exhibit Civilian Accommodation Req Form, #11 Exhibit Military Accommodation Request, #12 Exhibit 10/13/21 Military Reques, #13 Exhibit 10/29/21 Military Appeal, #14 Exhibit 11/8/21 Civilian Request, #15 Exhibit 10/2021 Initial Denial, #16 Exhibit 12/2021 Final Denial, #17 Exhibit Post final denial comm.)(HIRSH, MICHAEL). Added MOTION for Preliminary Injunction on 1/7/2022 (tam).
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Filing 1
COMPLAINT against All Defendants Fee paid: Receipt # AGAMDC-3984526, $402 filed by AIR FORCE OFFICER (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Summons for Lloyd Austin III, #3 Summons Summons for Frank Kendall III)(HIRSH, MICHAEL)
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