Doster et al v. Secretary of the Airforce et al
| Hunter Doster, Jason Anderson, McKenna Colantanio, Paul Clement, Joe Dills, Benjamin Leiby, Brett Martin, McCormick Connor, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, Adam Therialt, Connor McCormick, Edward Stapanon, III, Adam Theriault and Daniel Reineke |
| Frank Kendall, Robert Miller, Marshall Webb, Richard Scobee, James Slife, United States, Secretary of the Airforce, Surgeon General of the Airforce, Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command and United States of America |
| Andrea Corvi, Jonathan Oberg and Johnathan Nipp |
| 1:2022cv00084 |
| February 15, 2022 |
| US District Court for the Southern District of Ohio |
| Matthew W McFarland |
| Other Statutory Actions |
| 28 U.S.C. § 2201 Injunction |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on March 18, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 99
ORDER of USCA and Judgement affirming the district courts decision as to #82 Notice of Appeal,, filed by Commander, Air Force Special Operations Command, Commander, Air Force Reserve Command, Surgeon General of the Air Force, Commander, Air Education and Training Command, Secretary of the Air Force, United States of America Note: Mandate to issue. (pb)
|
|
NOTATION ORDER granting #98 Motion for Leave to Appear Pro Hac Vice of Dana C Stone as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 11/9/2022. (srb)
|
|
Filing 98
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9130873) of Dana Stone by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Attachments: #1 Text of Proposed Order Proposed order) (Wiest, Christopher)
|
|
Filing 97
NOTICE by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America re #77 Order Updated Notice Regarding Class Members Who Have Opted Out of the Class (Avallone, Zach)
|
|
Filing 96
NOTICE: Response by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America re #91 Notice (Other), (Attachments: #1 Affidavit Declaration of Major General John J. DeGoes) (Avallone, Zach) Modified to Clarify on 9/27/2022 (bjc).
|
|
Filing 95
FED. R. EVID. 502(D) ORDER. Signed by Judge Matthew W. McFarland on 09/20/2022. (kaf)
|
|
Filing 94
UNIFORM PROTECTIVE ORDER. Signed by Judge Matthew W. McFarland on 09/20/2022. (kaf)
|
|
Filing 93
Joint MOTION for Protective Order and FRE 502(d) order by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Wiest, Christopher)
|
|
Filing 92
NOTICE by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America re #77 Order Updated List of Class Members Who Have Opted Out (Avallone, Zach)
|
|
Filing 91
NOTICE by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault of filing (Attachments: #1 Affidavit Declaration of W. Cox with DoD IG Report attached) (Wiest, Christopher)
|
|
Filing 90
ORDER of USCA as to #82 Notice of Appeal filed by Commander, Air Force Special Operations Command, Commander, Air Force Reserve Command, Surgeon General of the Airforce, Commander, Air Education and Training Command, Secretary of the Airforce & United States of America: The Departments motion for an emergency stay is denied. The Sixth Circuit will expedite the Departments appeal of the district courts class-wide preliminary injunction. The Department must file its principal brief within two weeks of the entry of this order. The plaintiffs will have two weeks to respond. The Department will then have seven days to reply. Oral argument will be scheduled for October 19, 2022. Note: Mandate not noted . (er) Modified on 9/12/2022- Mandate not noted at this time. (er).
|
|
Filing 89
CALENDAR ORDER: Motions to amend pleadings/add parties due by 11/15/2022. Motions related to pleadings due by 12/16/2022. Non-Expert (Fact) Witnesses due by 4/15/2023. Plaintiffs' Experts due by 6/1/2023. Defendants' Experts due by 6/29/2023. Rebuttal Experts due by 7/27/2023. Fact Discovery due by 8/31/2023. Discovery due by 8/31/2023. Dispositive motions due by 10/9/2023. Signed by Judge Matthew W. McFarland on 09/06/2022. (kaf)
|
|
Filing 88
STIPULATION as to Electronically Stored Information and Discovery between the Parties by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Wiest, Christopher)
|
|
Minute Entry for proceedings held before Judge Matthew W. McFarland: Preliminary Pretrial Conference held on 08/30/2022. Present by phone were Attorneys Christopher Wiest, Thomas Bruns, Aaron Siri, and Wendy Cox on behalf of Plaintiffs, and Attorneys Cassie Snyder and Andrew Carmichael on behalf of Defendants. Status of case discussed. A Calendar Order will be filed by separate docket entry. (kaf)
|
|
Filing 87
RULE 26(f) REPORT with supplement by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Attachments: #1 Supplement Supplement re: discovery) (Wiest, Christopher)
|
|
Filing 86
ORDER DENYING #83 EMERGENCY MOTION FOR STAY PENDING APPEAL AND FOR IMMEDIATE ADMINISTRATIVE STAY, MODIFYING CLASS DEFINITION, AND MODIFYING PRELIMINARY INJUNCTION. Signed by Judge Matthew W. McFarland on 08/19/2022. (kaf)
|
|
Filing 85
RESPONSE to Motion re #83 Emergency MOTION to Stay re #77 Order Defendants' Emergency Motion for a Stay Pending Appeal and for Immediate Administrative Stay filed by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Attachments: #1 Exhibit Exhibit A - filing with Deposition of Adm. Lescher, #2 Exhibit Exhibit B - Declaration of C. Wiest with attachments, #3 Exhibit Exhibit C - Pottinger Declaration, #4 Text of Proposed Order Exhibit D - Proposed Order) (Wiest, Christopher)
|
|
Filing 84
USCA Case Number 22-3702 for #82 Notice of Appeal,, filed by Commander, Air Force Special Operations Command, Commander, Air Force Reserve Command, Surgeon General of the Airforce, Commander, Air Education and Training Command, Secretary of the Airforce, United States of America. (pb)
|
|
NOTATION ORDER: The Court DIRECTS Plaintiffs to respond to #83 Defendants' Emergency Motion for Stay Pending Appeal and For Immediate Administrative Stay no later than Thursday, August 18, 2022, at 11:59 PM. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 08/17/2022. (kaf)
|
|
Filing 83
Emergency MOTION to Stay re #77 Order Defendants' Emergency Motion for a Stay Pending Appeal and for Immediate Administrative Stay by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Attachments: #1 Exhibit Ex. 1 - Decl. of Lt. Gen. Schneider, #2 Exhibit Ex. 2 - Decl. of Maj. Gen. Burger, #3 Exhibit Ex. 3 - Decl. of Brig. Gen. Wenke, #4 Exhibit Ex. 4 - Decl. of Col. Bradley, #5 Exhibit Ex. 5 - Decl. of Dr. McClenathan) (Avallone, Zach)
|
|
Filing 82
NOTICE OF APPEAL re #77 Order, #72 Order on Motion to Certify Class,,,,,,,,, Order on Motion to Sever,,,,,,,,, Order on Motion to Intervene,,,,,,,,, Order on Motion for Preliminary Injunction,,,,,,,,, Order on Motion for TRO,,,,,,,, (ifp status requested) by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Avallone, Zach)
|
|
Filing 81
Updated NOTICE to the Court Regarding Class Members Who Have Opted Out of the Class re #77 Order by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America (Avallone, Zach) Modified docket text on 8/15/2022 (eh).
|
|
Filing 80
NOTICE Regarding Individuals Who Have Opted Out by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America (Avallone, Zach) Modified docket text on 8/8/2022 (eh).
|
|
Filing 79
Response by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Avallone, Zach)
|
|
Filing 78
Defendants' ANSWER to #1 Complaint,, filed by All Defendants. (Avallone, Zach)
|
|
Filing 77
ORDER GRANTING CLASS-WIDE PRELIMINARY INJUNCTION. Signed by Judge Matthew W. McFarland on 07/27/2022. (kaf)
|
|
Filing 76
NOTICE by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America CORRECTED Notice of Supplemental Authority (with attachment) (Attachments: #1 Exhibit Ex. A - Clements Opinion) (Avallone, Zach)
|
|
Filing 75
NOTICE by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America of Supplemental Authority (Avallone, Zach)
|
|
Filing 74
Supplemental BRIEF regarding Class-Wide Preliminary Injunctive Relief by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Attachments: #1 Affidavit Declaration W. Cox with Exhibits, #2 Affidavit Declaration C. Wiest) (Wiest, Christopher) Modified docket text and docket relationships on 7/26/2022 (kl).
|
|
Filing 73
Supplemental Brief Opposing Class-wide Preliminary Injunction by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Attachments: #1 Exhibit Ex. 1 - Declaration of Lt. Gen. Kevin B. Schneider, #2 Exhibit Ex. 2 - Updated COVID-19 Exemption Statistics) (Avallone, Zach) Modified docket text on 7/22/2022 (eh).
|
|
Filing 72
ORDER REGARDING PENDING MOTIONS (Docs. #21 , #35 , #52 , #53 , #54 ): 1. Plaintiffs' Motion for Class Certification (Doc. #21 ) is GRANTED.2. Such class SHALL consist of active-duty and active reserve members of the United States Air Force and Space Force, including but not limited to Air Force Academy Cadets, Air Force Reserve Officer Training Corps (AFROTC) Cadets, Members of the Air Force Reserve Command, and any Airman who has sworn or affirmed the United States Uniformed Services Oath of Office and is currently under command and could be deployed, who: (i) submitted a religious accommodation request to the Air Force from the Air Force's COVID-19 vaccination requirement, where the request was submitted or was pending, from September 1, 2021 to the present; (ii) were confirmed as having had a sincerely held religious belief by or through Air Force Chaplains; and (iii) either had their requested accommodation denied or have not had action on that request.3. Defendants' Motion to Sever (Doc. #35 ) is DENIED AS MOOT.4. Proposed Intervenors' Motion to Intervene (Doc. #52 ), Proposed Intervenors' Motion for Preliminary Injunction (Doc. #53 ), and Emergency Motion for Temporary Restraining Order by Proposed Intervenors Johnathan Oberg and Johnathan Nipp (Doc. #54 ) are DENIED WITHOUT PREJUDICE.5. Plaintiffs' counsel is APPOINTED as class counsel in this matter.6. The Court ISSUES a TEMPORARY RESTRAINING ORDER prohibiting Defendants from enforcing the vaccine mandate against any Class Member, to expire 14 days from the entry of this Order.7. Defendants are ORDERED to file a supplemental brief, no later than July 21, 2022 and no more than ten (10) pages in length identifying why this Court should not grant a class-wide preliminary injunction. Plaintiffs may file a response, limited to ten (10) pages, to Defendants' supplemental brief by July 25, 2022.IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 07/14/2022. (kaf)
|
|
Filing 71
ORDER DENYING DEFENDANTS' MOTION TO DISMISS (Doc. #51 ). Signed by Judge Matthew W. McFarland on 07/14/2022. (kaf)
|
|
Filing 70
Defendants' Response to Plaintiffs' Letter and Notice of Supplemental Authority by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America re #69 Status Report (Attachments: #1 Exhibit Order - Colonel v. Austin, #2 Exhibit Order - Guardsman v. Austin, #3 Exhibit Order - Pilot v. Austin) (Avallone, Zach) Modified document title on 7/8/2022 (kh).
|
|
Filing 69
STATUS REPORT - LETTER NOTIFYING COURT OF ACCELERATED ACTIONS BY DEFENDANTS AND REQUEST FOR PROMPT COURT DECISION RE: MOTION TO INTERVENE by Intervenor Plaintiffs Andrea Corvi, Johnathan Nipp, Jonathan Oberg. (Cox, Wendy)
|
|
Filing 68
NOTICE of SUPPLEMENTAL DEVELOPMENTS by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America (Avallone, Zach) Modified docket text on 7/1/2022 (eh).
|
|
Filing 67
NOTICE by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America re #58 Response in Opposition to Motion,, #51 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #55 Response in Opposition to Motion,, of Supplemental Authority (Attachments: #1 Exhibit 1 - Knick Opinion) (Snyder, Cassie)
|
|
Filing 66
NOTICE by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault, Intervenor Plaintiffs Andrea Corvi, Johnathan Nipp, Jonathan Oberg of subsequent factual developments (Attachments: #1 Affidavit Declaration of Alex Ramsperger) (Wiest, Christopher)
|
|
Filing 65
NOTICE by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America (Attachments: #1 Exhibit Ex. A - Salvatore Decl.) (Avallone, Zach)
|
|
Filing 64
USCA Case Number 22-3497 for #62 Notice of Appeal, filed by Commander, Air Force Special Operations Command, Commander, Air Force Reserve Command, Surgeon General of the Airforce, Commander, Air Education and Training Command, Secretary of the Airforce & United States of America; case manager Virginia Lee Padgett, 513-564-7032. (er)
|
|
Filing 63
REPLY to Response to Motion re #51 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Avallone, Zach)
|
|
Filing 62
NOTICE OF APPEAL re #47 Order on Motion for TRO,,,,,,,,, Order on Motion for Preliminary Injunction,,,,,,,,,,,,,,,,, (ifp status requested) by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Avallone, Zach)
|
|
Filing 61
ORDER CONCERNING FILING AND SEALING: The parties have advised the Court that a dispute has arisen between the Intervening Plaintiffs and the Defendants concerning portions of the document attached to Intervening Plaintiffs' Motion for Preliminary Injunction (Doc. #53 -1). The parties are discussing the circumstances under which those portions of the document were disclosedand whether any privilege concerning those portions has been waived. In the meantime, in order to protect the materials at issue while the parties continue these discussions, the parties have jointly requested that Doc. #53 -1 be sealed at the present time to prevent any further dissemination of the materials at issue pending resolution of the privilege and waiver issues. Having considered the parties' request, and for good cause shown,Doc. #53 -1 shall be temporarily placed under seal for thirty days from the date of this Order. Absent the filing of a Motion to Seal by either party prior to that thirtieth day, the document shall be automatically unsealed without further order of the Court. If a Motion to Seal is filed, the document shall remain under seal until the Court rules on any pending Motion to Seal. Either party may file a motion for further relief, including for a determination on the issues of privilege and waiver. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 05/17/2022. (kaf)
|
|
Filing 60
RESPONSE in Opposition re #51 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Attachments: #1 Affidavit Declaration of Christopher Wiest, with Exhibits) (Wiest, Christopher)
|
|
Filing 59
REPLY to Response to Motion re #53 MOTION for Preliminary Injunction on behalf of Andrea Corvi and 229 other Intervening Plaintiffs filed by Intervenor Plaintiffs Andrea Corvi, Johnathan Nipp, Jonathan Oberg. (Attachments: #1 Affidavit Declaration of Wendy Cox) (Wiest, Christopher)
|
|
Filing 58
RESPONSE in Opposition re #53 MOTION for Preliminary Injunction on behalf of Andrea Corvi and 229 other Intervening Plaintiffs filed by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Attachments: #1 Exhibit Ex. 1 - Cori Documents (Redacted), #2 Exhibit Ex. 2 - Hernandez Decl.) (Avallone, Zach)
|
|
Filing 57
NOTICE by Intervenor Plaintiffs Andrea Corvi, Johnathan Nipp, Jonathan Oberg of subsequent factual development re: imminent punishment to Oberg (Attachments: #1 Affidavit Declaration of Oberg) (Wiest, Christopher)
|
|
Filing 56
REPLY to Response to Motion re #54 Emergency MOTION for Temporary Restraining Order , #52 MOTION to Intervene by Andrea Corvi and 229 other Intervening Plaintiffs filed by Intervenor Plaintiffs Andrea Corvi, Johnathan Nipp, Jonathan Oberg. (Wiest, Christopher)
|
|
Filing 55
RESPONSE in Opposition re #52 MOTION to Intervene by Andrea Corvi and 229 other Intervening Plaintiffs, #54 Emergency MOTION for Temporary Restraining Order filed by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Attachments: #1 Ex. 1 - Oberg Docs, #2 Ex 2 - Nipp Docs, #3 Ex. 3 - Chapa) (Avallone, Zach)
|
|
Deadline set as to #53 Motion for Preliminary Injunction per 05/05/2022 Minute Entry: Proposed Intervenors' Reply due by 05/11/2022. (kaf)
|
|
Minute Entry for proceedings held before Judge Matthew W. McFarland: Present by phone were Attorneys Christopher David Wiest, Wendy Cox, and Thomas B. Bruns, counsel for Plaintiffs, and Attorneys Zach A. Avallone, Cassie Snyder, and Andrew Evan Carmichael, counsel for Defendants. The Motion to Intervene (Doc. #52 ), Motion for a Preliminary Injunction by the Proposed Intervenors (Doc. #53 ), and Emergency Motion for Temporary Restraining Order (TRO) by Proposed Intervenors Jonathan Oberg and Jonathan Nipp (Doc. #54 ) were discussed. As to the Motion to Intervene (Doc. #52 ) and Emergency Motion for a Temporary Restraining Order (Doc. #54 ), Defendants SHALL FILE a single 20-page response to the Motion to Intervene and the Motion for a Temporary Restraining Order by May 6, 2022. Proposed Intervenors generally and Proposed Intervenors Johnathan Oberg and Johnathan Nipp MAY FILE a single, joint 20-page reply in support of the Motion to Intervene and Oberg and Nipps Emergency Motion for TRO by May 8, 2022. Lastly, Defendants SHALL FILE a response to the Motion for a Preliminary Injunction (Doc. #53 ) by May 9, 2022. Proposed Intervenors MAY FILE a reply to the Motion for a Preliminary Injunction by May 11, 2022. IT IS SO ORDERED. (kaf)
|
|
Filing 54
Emergency MOTION for Temporary Restraining Order by Intervenor Plaintiffs Jonathan Oberg, Johnathan Nipp. (Attachments: #1 Affidavit Affidavit - Declaration of Oberg, #2 Affidavit Affidavit - Declaration of Nipp, #3 Exhibit Exhibit A - Emails between Counsel to attempt to resolve TRO extrajudicially, #4 Text of Proposed Order Proposed Order) (Wiest, Christopher)
|
|
Filing 53
MOTION for Preliminary Injunction on behalf of Andrea Corvi and 229 other Intervening Plaintiffs by Intervenor Plaintiff Andrea Corvi. (Attachments: #1 Affidavit Declaration of Andrea Corvi with Administrative Materials attached, #2 Text of Proposed Order Proposed Order) (Wiest, Christopher)
|
|
Filing 52
MOTION to Intervene by Andrea Corvi and 229 other Intervening Plaintiffs by Intervenor Plaintiff Andrea Corvi. (Attachments: #1 Exhibit Tendered Intervening Complaint, #2 Text of Proposed Order Tendered Proposed Order) (Wiest, Christopher)
|
|
Filing 51
MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 5/16/2022), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Attachments: #1 Exhibit Ex. 1 - Bannister Decl., #2 Exhibit Ex. 2 - Rigsbee Decl., #3 Exhibit Ex. 3 - Schermerhorn Decl., #4 Exhibit Ex. 4 - Moschella Decl., #5 Exhibit Ex. 5 - Bowers Decl., #6 Exhibit Ex. 6 - Salvatore Decl.) (Avallone, Zach)
|
|
Filing 50
NOTICE by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America (Attachments: #1 Exhibit Ex. 1 - Dunn Supreme Court Order) (Avallone, Zach)
|
|
Filing 49
REPLY to Response to Motion re #35 MOTION to Sever filed by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Snyder, Cassie)
|
|
Filing 48
Transcript of Preliminary Injunction Hearing Proceedings held on March 25, 2022, before Judge Matthew W. McFarland. Court Reporter: Julie Wolfer (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 4/27/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/5/2022. (Wolfer, Julie)
|
|
Filing 47
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION (Doc. #13 ) AND ISSUING A PRELIMINARY INJUNCTION: 1. Defendants, as well as any persons acting in concert with Defendants, are enjoined and restrained from taking any disciplinary or separation measures against the Plaintiffs named in this action for their refusal to get vaccinated for COVID-19 due to their sincerely held religious beliefs. Such disciplinary or separation measures include, but are not limited to, "adverse administrative actions, non-judicial punishment, administration demotions, administrative discharges, and courts-martial." (Dec. of Col. Hernandez, Doc. 27-14, Pg. ID 1941); 2. Defendants, as well as any person acting in concert with Defendants, are enjoined and restrained from taking any adverse action against Plaintiffs on the basis of this lawsuit or their request for religious accommodation from the COVID-19 vaccine;3. Thus, the temporary exemptions from taking the COVID-19 vaccine currently in place for these Plaintiffs shall remain in place during the resolution of this litigation; 4. In accordance with Federal Rule of Civil Procedure 65(d)(2), this Order binds the following who receive actional notice of it by personal service or otherwise: the parties; the parties' officers, agents, servants, employees, and attorneys; and other persons who are in active concert or participation with the parties or the parties' officers, agents, servants, employees, and attorneys; 5. Pursuant to Federal Rule of Civil Procedure 65(c), the Court has considered the need for Defendants to post security and concludes that no sum is required under the facts of this case; and6. Plaintiffs' Emergency Motion for Temporary Restraining Order as to Hunter Doster (Doc. #19 ) is DENIED AS MOOT.IT IS SO ORDERED this 31st day of March, 2022. Signed by Judge Matthew W. McFarland on 03/31/2022. (kaf)
|
|
Filing 46
REPLY to Response to Motion re #21 MOTION to Certify Class filed by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Attachments: #1 Affidavit Third Declaration of Hunter Doster, #2 Exhibit Class Certification Order, U.S. Navy Seals 1-26, et. al. v. Biden, 4:21-cv-01236, DE#140, #3 Exhibit Comparison of Command Religious Accommodation Denials, #4 Exhibit Comparison of AF Surgeon General Religious Accommodation Denials) (Wiest, Christopher)
|
|
Filing 45
Transcript of Excerpt of Preliminary Injunction Hearing, Testimony of Edward Joseph Stapanon, III held on March 25, 2022, before Judge Matthew W. McFarland. Court Reporter: Julie Wolfer (Official). Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office.. Redaction Request due 4/20/2022. Redacted Transcript Deadline set for 5/2/2022. Release of Transcript Restriction set for 6/28/2022. (Wolfer, Julie)
|
|
Filing 44
NOTICE by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault re #43 Notice (Other), (Response to Government's Supplemental Authority) (Wiest, Christopher)
|
|
Filing 43
NOTICE by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America re #27 Response in Opposition to Motion,,, of Supplemental Authority (Snyder, Cassie)
|
|
Minute Entry for proceedings held before Judge Matthew W. McFarland: Hearing on #13 Plaintiffs' Motion for an Emergency Temporary Restraining Order and Preliminary Injunction and #19 Plaintiffs' Motion for an Emergency Restraining Order for Plaintiff Hunter Doster held on 03/25/2022. Present in Court were Attorneys Christopher David Wiest, Thomas B. Bruns, and Wendy Cox on behalf of Plaintiffs, and Attorneys Zach A. Avallone, Cassie Snyder, and Matthew Horwitz on behalf of Defendants. The Court heard testimony and admitted Plaintiffs' exhibits 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25. The Court then took the matter under advisement and will issue a written opinion at a later date. (Court Reporter: Julie Wolfer) (kaf)
|
|
Filing 42
NOTICE by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America re #34 Response in Opposition to Motion,, #27 Response in Opposition to Motion,,, of Additional Materials (Attachments: #1 Exhibit 1 - Colantonio, #2 Exhibit 2 - Dills, #3 Exhibit 3 - Doster, #4 Exhibit 4 - Mosher, #5 Exhibit 5 - Reineke, #6 Exhibit 6 - Schuldes, #7 Exhibit 7 - Theriault) (Snyder, Cassie)
|
|
Filing 41
NOTICE by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault of Supplemental Authority (Attachments: #1 Exhibit Ramirez v. Collier) (Wiest, Christopher)
|
|
Filing 40
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #36 Notice (Other), and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #36 Notice (Other) as a text searchable document(s), within 24-hours. Non-Compliance Deadline due by 3/28/2022. (eh)
|
|
Filing 39
RESPONSE in Opposition re #35 MOTION to Sever filed by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Attachments: #1 Exhibit Exhibit - Order, Navy Seal 1 v. Austin, #2 Text of Proposed Order) (Wiest, Christopher)
|
|
Filing 38
NOTICE by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault re #33 Notice (Other),, (Attachments: #1 Exhibit Exhibit 1 - Mosher SG Appeal denied, #2 Exhibit Exhibit 2 - Mosher Order, #3 Exhibit Exhibit 3 - Stapanon RAR Denial, #4 Exhibit Exhibit 4 - Stapanon Appeal to SG, #5 Exhibit Exhibit 5 - McCormick RAR Denial, #6 Exhibit Exhibit 6 - McCormick Appeal to SG) (Wiest, Christopher)
|
|
Filing 37
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #33 Notice (Other), filed by McKenna Colantanio, Jason Anderson, Paul Clement, Christopher Schuldes, Benjamin Leiby, Adam Theriault, Douglas Ruyle, Edward Stapanon, III, Daniel Reineke, Alex Ramsperger, Patrick Pottinger, Joe Dills, Peter Norris, Benjamin Rinaldi, Brett Martin, Heidi Mosher, Hunter Doster, Connor McCormick, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #33 Notice (Other), filed by McKenna Colantanio, Jason Anderson, Paul Clement, Christopher Schuldes, Benjamin Leiby, Adam Theriault, Douglas Ruyle, Edward Stapanon, III, Daniel Reineke, Alex Ramsperger, Patrick Pottinger, Peter Norris, Joe Dills, Benjamin Rinaldi, Brett Martin, Heidi Mosher, Hunter Doster, Connor McCormick as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 3/25/2022. (kl)
|
|
Filing 36
NOTICE by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America of Additional Materials (Attachments: #1 Exhibit 1 - Colantanio, #2 Exhibit 2 - Dills, #3 Exhibit 3 - Doster, #4 Exhibit 4 - Mosher, #5 Exhibit 5 - Reineke, #6 Exhibit 6 - Schuldes, #7 Exhibit 7 - Theriault) (Snyder, Cassie)
|
|
Filing 35
MOTION to Sever by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Snyder, Cassie)
|
|
Filing 34
RESPONSE in Opposition re #21 MOTION to Certify Class filed by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Attachments: #1 Exhibit Table, #2 Exhibit 1 - Bannister Decl., #3 Exhibit 2 - Schneider Decl., #4 Exhibit 3 - Chapa Decl., #5 Exhibit 4 - DoDI 1332.45, #6 Exhibit 5 - AF COVID-19 Stats, #7 Exhibit 6 - Shaffer Decl.) (Snyder, Cassie)
|
|
Filing 33
NOTICE by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault of additional factual developments (Attachments: #1 Exhibit Exhibit 1 - Mosher SG Appeal denied, #2 Exhibit Exhibit 2 - Mosher Order to Vaccinate or face UCMJ, #3 Exhibit Exhibit 3 - Stapanon RAR Denied, #4 Exhibit Exhibit 4 - Stapanon Appeal to AF/SG, #5 Exhibit Exhibit 5 - McCormick RAR Denied, #6 Exhibit Exhibit 6 - McCormick Appeal to AF/S) (Wiest, Christopher)
|
|
Filing 32
NOTICE by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America re #27 Response in Opposition to Motion,,, Notice of Supplemental Authority (Snyder, Cassie)
|
|
NOTATION ORDER: This matter is before the Court on Defendants' Consent Motion for Leave to File Excess Pages (Doc. #31 ). For good cause shown, the Motion is GRANTED. Defendants' response in opposition of Plaintiffs' Motion to Certify Class (Doc. #21 ) shall not exceed twenty-five (25) pages. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/23/2022. (kaf)
|
|
Filing 31
Consent MOTION for Leave to File Excess Pages in Response to Plaintiffs' Motion for Class Certification by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Snyder, Cassie)
|
|
Filing 30
REPLY to Response to Motion re #13 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Attachments: #1 Exhibit Ex. 1 - Order, Dunn v. Austin, #2 Affidavit Ex. 2 - Declaration Wiest, #3 Affidavit Ex. 3 - Declaration Anderson, #4 Affidavit Ex. 4 - Declaration Clement, #5 Affidavit Ex. 5 - Declaration Colantanio, #6 Affidavit Ex. 6 - Declaration Dills, #7 Affidavit Ex. 7 - Declaration Doster, #8 Affidavit Ex. 8 - Declaration Leiby, #9 Affidavit Ex. 9 - Declaration Martin, #10 Affidavit Ex. 10 - Declaration McCormick, #11 Affidavit Ex. 11 - Declaration Mosher, #12 Affidavit Ex. 12 - Declaration Norris, #13 Affidavit Ex. 13 - Declaration Pottinger, #14 Affidavit Ex. 14 - Declaration Ramsperger, #15 Affidavit Ex. 15 - Declaration Reineke, #16 Affidavit Ex. 16 - Declaration Rinaldi, #17 Affidavit Ex. 17 - Declaration Ruyle, #18 Affidavit Ex. 18 - Declaration Schuldes, #19 Affidavit Ex. 19 - Declaration Stapanon, #20 Affidavit Ex. 20 - Declaration Theriault) (Wiest, Christopher)
|
|
NOTATION ORDER: This matter is before the Court on Plaintiffs' Motion for Leave to File Excess Pages (Doc. #29 ). For good cause shown, the Motion is GRANTED. Plaintiffs' Reply in Support of Plaintiffs' Motion for a Preliminary Injunction (Doc. #35 ) shall not exceed 35 pages. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/14/2022. (kaf)
|
|
Filing 29
MOTION for Leave to File Excess Pages for Plaintiffs Reply in Support of Plaintiffs Preliminary Injunction by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Wiest, Christopher)
|
|
Filing 28
SUMMONS Returned Executed as to Defendant Commander, Air Force Special Operations Command served on 3/4/2022, answer due 5/3/2022. (eh)
|
|
Filing 27
RESPONSE in Opposition re #13 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Attachments: #1 Exhibit Table, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24) (Snyder, Cassie)
|
|
Filing 26
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #25 Response in Opposition to Motion, filed by Commander, Air Force Special Operations Command, Commander, Air Force Reserve Command, Surgeon General of the Airforce, Commander, Air Education and Training Command, Secretary of the Airforce, United States of America, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #25 Response in Opposition to Motion, filed by Commander, Air Force Special Operations Command, Commander, Air Force Reserve Command, Surgeon General of the Airforce, Commander, Air Education and Training Command, Secretary of the Airforce, United States of America as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 3/10/2022. (kl)
|
|
Filing 25
RESPONSE in Opposition re #13 Emergency MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Attachments: #1 Exhibit Table of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24) (Snyder, Cassie)
|
|
Filing 24
SUMMONS Returned Executed as to Defendants Commander, Air Force Reserve Command, United States of America. Commander, Air Force Reserve Command served on 2/25/2022, answer due 4/26/2022; United States of America served on 2/28/2022, answer due 4/29/2022. (kh)
|
|
NOTATION ORDER: At the joint request of the parties and for good cause shown, the status conference set for 03/07/2022 is VACATED. Signed by Judge Matthew W. McFarland on 03/07/2022. (kaf)
|
|
NOTATION ORDER: This matter is before the Court on the Defendants' Motion for Leave to File Excess Pages (Doc. #23 ). For good cause shown, the Motion is GRANTED. Defendants' response in opposition to Plaintiffs' Motion for a Preliminary Injunction (Doc. #13 ) shall not exceed 37 pages. IT IS SO ORDERED. Signed by Judge Matthew W. McFarland on 03/07/2022. (kaf)
|
|
Filing 23
MOTION for Leave to File Excess Pages by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America. (Snyder, Cassie)
|
|
Filing 22
NOTICE of Appearance by Cassie Snyder for Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America (Snyder, Cassie)
|
|
Filing 21
MOTION to Certify Class by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III. (Attachments: #1 Affidavit Declaration of C Wiest with C.V.s attached, #2 Text of Proposed Order Proposed Order) (Wiest, Christopher)
|
|
Filing 20
SUMMONS Returned Executed (Not Effectuated related to COVID19) as to Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command (U.S. Attorney). (bjc) Modified File Date on 3/1/2022 (bjc).
|
|
Filing 19
Emergency MOTION for Temporary Restraining Order as to Hunter Doster by Plaintiff Hunter Doster. (Attachments: #1 Affidavit Declaration of Hunter Doster with Admin materials (SG Appeal denial and order) attached, #2 Text of Proposed Order Proposed Order) (Wiest, Christopher)
|
|
Filing 18
NOTICE by Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America re #17 Notice of Non-Compliance of Local Rule 5.1(c) (Clerk's Notice), #16 Notice of Appearance, re-filed as a text-searchable PDF (Avallone, Zach)
|
|
Filing 17
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #16 Notice of Appearance, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #16 Notice of Appearance as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 3/1/2022. (kh)
|
|
Minute Entry for proceedings held before Judge Matthew W. McFarland: Status Conference held on 02/28/2022. Counsel for Plaintiffs and Defendants present by phone. Case discussed and stipulated briefing schedule set. Status Conference set for 03/07/2022 at 1:30PM via Teleconference before Judge Matthew W. McFarland. Hearing on #13 Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction set for 03/25/2022 at 1:30PM in Courtroom 7 - Cincinnati before Judge Matthew W. McFarland. (Court Reporter: Julie Wolfer) (kaf)
|
|
Filing 16
NOTICE of Appearance by Zach A. Avallone for Defendants Commander, Air Education and Training Command, Commander, Air Force Reserve Command, Commander, Air Force Special Operations Command, Secretary of the Airforce, Surgeon General of the Airforce, United States of America (Avallone, Zach)
|
|
NOTATION ORDER granting #4 Motion for Leave to Appear Pro Hac Vice of Wendy Cox (re-filed at doc. #12 ) as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 2/24/2022. (eh)
|
|
Minute Entry for proceedings held before Judge Matthew W. McFarland: Telephone Conference held on 02/24/2022. Counsel for Plaintiffs and Defendants present by phone. Matters discussed. Follow-up Telephone Conference set for 02/28/2022 at 12:00PM before Judge Matthew W. McFarland. Counsel shall refer to 02/23/2022 docket entry for dial-in instructions. (kaf)
|
|
Filing 15
CERTIFICATE of Clerk: Certified mailing of Summons and Complaint to Commander, Air Education and Training Command and Commander, Air Force Reserve Command. (Attachments: #1 Certified Mail Envelopes) (kl)
|
|
Filing 14
CERTIFICATE OF MAILING BY CLERK - Certified mail service has been done by the Clerk, U.S. District Court on February 22, 2022. A copy of the complaint and issued summons were sent to the following locations: LTG. Robert Miller1780 Air Force Pentagon Washington, D.C. 20310-1780 (Article Number 9502 7065 6331 2052 2023 89; LTG. James C. Slife 100 Bartley St., Ste. 301 Hurlburt Field, Fl 32254 Article Number 9502 7065 6331 2052 2024 40; Hon. Frank Kendall 1670 Air Force Pentagon Washington, D.C. 20310-1780 Article Number 9502 7065 6331 2052 2023 65; U.S. Attorney General950 Pennsylvania Avenue, NW Washington, D.C. 20530-0001 Article Number 9502 7065 6331 2052 202464; U.S. Attorney S.D.O.H. 303 Marconi Blvd. St. 200 Columbus, Ohio 43215 Article Number 9502 7065 6331 2052 2023 41 (pb)
|
|
Filing 13
Emergency MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction ( Responses due by 3/15/2022) by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Attachments: #1 Affidavit Declaration of Hunter Doster, #2 Affidavit Declaration of Col. Jason Holbrook, #3 Affidavit Declaration of Col. James Poel, #4 Affidavit Declaration of Peter McCullough, MD MPH, #5 Text of Proposed Order Proposed Order - TRO, #6 Text of Proposed Order Proposed order - Preliminary Injunction, #7 Exhibit Exhibit: Air Force Officer v. Austin decision, #8 Exhibit Exhibit: Navy Seals 1-20 v. Austin, #9 Exhibit Exhibit Navy Seal 1 v. Austin, TRO granted, #10 Exhibit Exhibit: Navy Seal 1 v. Austin, PI Granted) (Wiest, Christopher)
|
|
Filing 12
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8726976) of Wendy Cox by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Attachments: #1 Text of Proposed Order) (Wiest, Christopher)
|
|
Filing 11
Notice of Filing of Appendix re #8 Notice (Other),,,,, (correction per clerk order) by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Attachments: #1 Affidavit Declaration certifying records, #2 Exhibit Exhibit 1- SECAF 9/3/21 Memo, #3 Exhibit Exhibit 2 - PCS Change 12/1/21, #4 Exhibit Exhibit 3 - Accomodation Materials - Doster, #5 Exhibit Exhibit 4 - Accomodation Materials - Dills, #6 Exhibit Exhibit 5 - Accomodation Materials - Anderson, #7 Exhibit Exhibit 6 - Accomodation Materials - Colantonio, #8 Exhibit Exhibit 7 - Accomodation Materials - Clement, #9 Exhibit Exhibit 8 - Accomodation Materials - Leiby, #10 Exhibit Exhibit 9 - Accomodation Materials - Martin, #11 Exhibit Exhibit 10 - Accomodation Materials - McCormick, #12 Exhibit Exhibit 11 - Accomodation Materials - Mosher, #13 Exhibit Exhibit 12 - Accomodation Materials - Norris, #14 Exhibit Exhibit 13 - Accomodation Materials - Pottinger, #15 Exhibit Exhibit 14 - Accomodation Materials - Ramsperger, #16 Exhibit Exhibit 15 - Accomodation Materials - Reineke, #17 Exhibit Exhibit 16 - Accomodation Materials - Rinaldi, #18 Exhibit Exhibit 17 - Accomodation Materials - Ruyle, #19 Exhibit Exhibit 18 - Accomodation Materials - Schuldes, #20 Exhibit Exhibit 19 - Accomodation Materials - Stapanon, #21 Exhibit Exhibit 20 - Accomodation Materials - Theriault) (Wiest, Christopher) Modified on 4/5/2022 to correct Title of Pleading (kaf).
|
|
Filing 10
Notice of Deficiency re: #4 MOTION for Leave to Appear Pro Hac Vice of Wendy Cox. The submitted certificate is not from the highest court of a State. Deficiency Deadline by 3/3/2022. (eh)
|
|
Filing 9
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #8 Notice (Other),,,,, filed by McKenna Colantanio, Jason Anderson, Paul Clement, Christopher Schuldes, Benjamin Leiby, Adam Theriault, Douglas Ruyle, Edward Stapanon, III, Daniel Reineke, Alex Ramsperger, Patrick Pottinger, Joe Dills, Peter Norris, Benjamin Rinaldi, Brett Martin, Heidi Mosher, Hunter Doster, Connor McCormick., and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #8 Notice (Other),,,,, filed by McKenna Colantanio, Jason Anderson, Paul Clement, Christopher Schuldes, Benjamin Leiby, Adam Theriault, Douglas Ruyle, Edward Stapanon, III, Daniel Reineke, Alex Ramsperger, Patrick Pottinger, Peter Norris, Joe Dills, Benjamin Rinaldi, Brett Martin, Heidi Mosher, Hunter Doster, Connor McCormick. as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 2/18/2022. (bjc)
|
|
NOTATION ORDER granting #2 Motion for Leave to Appear Pro Hac Vice of Aaron Siri as Co-Counsel (re-filed at doc. #7 as a searchable pdf); granting #3 Motion for Leave to Appear Pro Hac Vice of Elizabeth Brehm as Co-Counsel. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Matthew W. McFarland on 2/17/2022. (eh)
|
|
Filing 8
NOTICE by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault of filing Appendix with certified records relating to accomodation requests (Attachments: #1 Affidavit Declaration certifying records, #2 Exhibit SECAF 9/3/21 Memo, #3 Exhibit PCS Change 12/1/21, #4 Exhibit Accomodation Materials - Doster, #5 Exhibit Accomodation Materials - Dills, #6 Exhibit Accomodation Materials - Anderson, #7 Exhibit Accomodation Materials - Colantonio, #8 Exhibit Accomodation Materials - Clement, #9 Exhibit Accomodation Materials - Leiby, #10 Exhibit Accomodation Materials - Martin, #11 Exhibit Accomodation Materials - McCormick, #12 Exhibit Accomodation Materials - Mosher, #13 Exhibit Accomodation Materials - Norris, #14 Exhibit Accomodation Materials - Pottinger, #15 Exhibit Accomodation Materials - Ramsperger, #16 Exhibit Accomodation Materials - Reineke, #17 Exhibit Accomodation Materials - Rinaldi, #18 Exhibit Accomodation Materials - Ruyle, #19 Exhibit Accomodation Materials - Schuldes, #20 Exhibit Accomodation Materials - Stapanon, #21 Exhibit Accomodation Materials - Theriault) (Wiest, Christopher)
|
|
Filing 7
Amended MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8726958) of Aaron Siri by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Connor McCormick, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Daniel Reineke, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, III, Adam Theriault. (Attachments: #1 Text of Proposed Order) (Wiest, Christopher) Modified on 2/17/2022 (eh).
|
|
Filing 6
Clerk's Notice of Non-Compliance Local Rule 5.1 (c): The Clerk's Office has reviewed your filing, docket #2 MOTION for Leave to Appear Pro Hac Vice, and it appears that one or more of the PDFs are not text searchable and therefore is not in compliance with Local Rule 5.1 (c). You shall refile docket #2 MOTION for Leave to Appear Pro Hac Vice as a text searchable document(s), linking the document back to the original entry within 24-hours. Non-Compliance Deadline due by 2/17/2022. (kl)
|
|
Filing 5
Summons Issued as to Commander, Air Education and Training Command; Commander, Air Force Reserve Command; Commander, Air Force Special Operations Command; Secretary of the Airforce; Surgeon General of the Airforce; U.S. Attorney and U.S. Attorney General. (kl)
|
|
Filing 4
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8726976) of Wendy Cox by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, McCormick Connor, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, Adam Therialt. (Attachments: #1 Text of Proposed Order Proposed Order) (Wiest, Christopher)
|
|
Filing 3
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8726965) of Elizabeth Brehm by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, McCormick Connor, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, Adam Therialt. (Attachments: #1 Text of Proposed Order) (Wiest, Christopher)
|
|
Filing 2
MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8726958) of Aaron Siri by Plaintiffs Jason Anderson, Paul Clement, McKenna Colantanio, McCormick Connor, Joe Dills, Hunter Doster, Benjamin Leiby, Brett Martin, Heidi Mosher, Peter Norris, Patrick Pottinger, Alex Ramsperger, Benjamin Rinaldi, Douglas Ruyle, Christopher Schuldes, Edward Stapanon, Adam Therialt. (Attachments: #1 Text of Proposed Order Proposed Order) (Wiest, Christopher)
|
|
Filing 1
VERIFIED CLASS ACTION COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 402 paid - receipt number: AOHSDC-8726892), filed by Patrick Pottinger, Brett Martin, Adam Therialt, Jason Anderson, Hunter Doster, Edward Stapanon, Benjamin Rinaldi, Benjamin Leiby, McKenna Colantanio, Heidi Mosher, Alex Ramsperger, Douglas Ruyle, Christopher Schuldes, McCormick Connor, Paul Clement, Peter Norris, Joe Dills. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons Form Summons Form) (Wiest, Christopher) Modified docket text on 2/16/2022 (kl).
|
|
If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (kl)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
