Oklahoma State of et al v. Biden et al
| Oklahoma State of, J Kevin Stitt, John M O'Connor and 16 Oklahoma Air National Guard Members |
| Joseph R Biden, Jr, Safer Federal Workforce Task Force, Federal Acquisition Regulatory Council, Office of Personnel Management, Office of Management and Budget, General Services Administration, Kiran Ahuja, Shalanda D Young, Matthew C Blum, Jeffrey A Koses, Lesley A Field, John M Tenaglia, Karla S Jackson, Robin Carnahan, Jeffrey Zients, L Eric Patterson, James M Murray, Deanne Criswell, Rochelle Walensky, US Department of Defense, Lloyd J Austin, III, US Department of the Air Force, Frank Kendall, Christine Wormuth, US Department of the Army, Carlos Del Toro, US Department of the Navy and United States of America |
| 5:2021cv01136 |
| December 2, 2021 |
| US District Court for the Western District of Oklahoma |
| Jodi W Dishman |
| Stephen P Friot |
| Other Statutory Actions |
| 05 U.S.C. § 702 |
| None |
Docket Report
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| Filing 45 REPLY to Response to Motion re #40 MOTION for Protective Order filed by All Plaintiffs. (Attachments: #1 Exhibit 1:Declaration of R. Meintjes for Air Natl Guard 8, #2 Exhibit 2:Declaration of Air Natl Guard 11)(Schaerr, Gene) |
| Filing 44 NOTICE (other) by All Plaintiffs of New Authority (Attachments: #1 Exhibit 1: Feds for Medical Freedom v. Biden)(Schaerr, Gene) |
| Filing 43 RESPONSE in Opposition re #40 MOTION for Protective Order filed by All Defendants. (Avallone, Zachary) |
| Filing 42 TELEPHONIC STATUS/SCHEDULING CONFERENCE DOCKET: Telephonic Scheduling Conference set for 2/3/2022 10:45 AM before Judge Stephen P. Friot. Status Report due by 1/31/2022. (llg) |
Filing 41
ORDER denying #9 Motion for Preliminary Injunction. The court has carefully considered the relevant constitutional, statutory and regulatory authorities and has concluded, quite readily, that the military vaccination mandate is valid and enforceable as applied to the Guard and that, consequently, the Governor and his co-plaintiffs have not demonstrated a likelihood of success on the merits. Having denied the motion, the court cannot but note the potential consequences, for individual Guard members, of failure to comply with the vaccine mandate. Those consequences range (among other possibilities) from loss of periodic pay to involuntary separation from the Guard. Loss of one or two paychecks is one thing, serious though that may be in individual cases. What the court cannot ignore is the potentially devastating effect of involuntary separation (either as a result of direct action or as a result of continuing loss of pay), especially where, as appears to be the case here, the individual non-compliant Guard members did not have the benefit of well-informed leadership at the highest level of the Oklahoma Guard. The court strongly urges the defendants to give every consideration to providing a brief grace period to facilitate prompt compliance with the vaccination mandate before directly or indirectly taking action which would end the military careers of any Oklahoma Guard members. Signed by Judge Stephen P. Friot on 12/28/2021. (mb)
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| Filing 40 MOTION for Protective Order by All Plaintiffs. (Attachments: #1 Attachment Proposed Protective Order)(Schaerr, Gene) |
| Filing 39 REPLY to Response to Motion re #9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support MOTION for Preliminary Injunction filed by All Plaintiffs. (Schaerr, Gene) |
| Filing 38 AMENDED COMPLAINT against All Defendants filed by All Plaintiffs. (Attachments: #1 Exhibit 1: EO 14043, #2 Exhibit 2: Nov 30, 2021 Memorandum, #3 Exhibit 3: EO 13991, #4 Exhibit 4: EO 14042)(Schaerr, Gene) |
| Filing 37 MEMORANDUM in Opposition re #9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support MOTION for Preliminary Injunction filed by All Defendants. (Attachments: #1 Ex. A - Decl. of Col. K. Mulcahy, #2 Ex. B - Decl. of Col. S. Bradley, #3 Ex.C - Decl. of Col. C. Nichols, #4 Ex. D - Decl. of Maj. S. Stanley, #5 Ex. E - Decl. of Col. T Rans)(Avallone, Zachary) |
| Filing 36 DECLARATION by All Plaintiffs re #27 Declaration, by Brig. Gen. Thomas H. Mancino providing Supplemental Evidence of Irreparable Injury. (Attachments: #1 Exhibit Nov 29 2021 Letter, #2 Exhibit Dec 7 2021 Memorandum)(Schaerr, Gene) |
| Filing 35 ENTRY of Appearance by Robert C Merritt on behalf of All Defendants (Merritt, Robert) |
| Filing 34 ENTRY of Appearance by Zachary A Avallone on behalf of All Defendants (Avallone, Zachary) |
| Filing 33 DECLARATION by All Plaintiffs re #9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support MOTION for Preliminary Injunction, #25 Scheduling Conference, Set Motion and R&R Deadlines/Hearings,,,,,, Decl of Air Nat'l Guard Mbr No. 14 providing Supplemental Evidence of Irreparable Injury. (Dasgupta, Riddhi) |
| Filing 32 DECLARATION by All Plaintiffs re #9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support MOTION for Preliminary Injunction, #25 Scheduling Conference, Set Motion and R&R Deadlines/Hearings,,,,,, Decl of Air Nat'l Guard Mbr No. 4 providing Supplemental Evidence of Irreparable Injury. (Dasgupta, Riddhi) |
| Filing 31 DECLARATION by All Plaintiffs re #9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support MOTION for Preliminary Injunction, #25 Scheduling Conference, Set Motion and R&R Deadlines/Hearings,,,,,, Decl of Air Nat'l Guard Mbr No. 13 providing Supplemental Evidence of Irreparable Injury. (Dasgupta, Riddhi) |
| Filing 30 DECLARATION by All Plaintiffs re #9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support MOTION for Preliminary Injunction, #25 Scheduling Conference, Set Motion and R&R Deadlines/Hearings,,,,,, Decl of Air Nat'l Guard Mbr No. 9 providing Supplemental Evidence of Irreparable Injury. (Dasgupta, Riddhi) |
| Filing 29 DECLARATION by All Plaintiffs re #9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support MOTION for Preliminary Injunction, #25 Scheduling Conference, Set Motion and R&R Deadlines/Hearings,,,,,, Decl of Air Nat'l Guard Mbr No. 5 providing Supplemental Evidence of Irreparable Injury. (Dasgupta, Riddhi) |
| Filing 28 DECLARATION by All Plaintiffs re #9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support MOTION for Preliminary Injunction, #25 Scheduling Conference, Set Motion and R&R Deadlines/Hearings,,,,,, Decl of Air Nat'l Guard Mbr No. 3 providing Supplemental Evidence of Irreparable Injury. (Dasgupta, Riddhi) |
| Filing 27 DECLARATION by All Plaintiffs re #9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support MOTION for Preliminary Injunction, #25 Scheduling Conference, Set Motion and R&R Deadlines/Hearings,,,,,, by Brig. Gen. Thomas H. Mancino providing Supplemental Evidence of Irreparable Injury. (Dasgupta, Riddhi) |
| Filing 26 DECLARATION by All Plaintiffs re #25 Scheduling Conference, Set Motion and R&R Deadlines/Hearings,,,,,, #9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support MOTION for Preliminary Injunction with Supplemental Evidence of Irreparable Injury. (Attachments: #1 Exhibit 1: EO 14043, #2 Exhibit 2: Sec'y Austin Aug 24, 2021 Memo, #3 Exhibit 3: Sec'y Austin Nov 30, 2021 Memo, #4 Exhibit 4: McCutcheon's Announcement for SAF OPA, #5 Exhibit 5: (Excerpted) Kirby briefing DOD Nov 29, 2021, #6 Exhibit 6: Politico article Dec 15, 2021)(Dasgupta, Riddhi) |
| (Court Only) Set/Reset Deadlines as to #9 MOTION for Preliminary Injunction. Response due by 12/22/2021 Motion Hearing set for 12/30/2021 09:00 AM in Courtroom 401 before Judge Stephen P. Friot. (llg) |
| Filing 25 Minute Entry for proceedings held before Judge Stephen P. Friot: Telephonic Status/Scheduling Conference held on 12/13/2021 re #9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support. Evidentiary hearing on the motion for preliminary injunction set for 12/30/2021 09:00 AM in Courtroom 401 before Judge Stephen P. Friot. Plfs' supplement due by 5:00 PM CST on 12/15/2021. Dfts' response due by 12/22/2021, ltd to 40 pgs. Witness & exhibit lists due by noon on 12/27/2021. By the end of the day on 12/23/2021 - after the court has had a chance to review the briefs - the court will advise the parties as to whether the 12/30/2021 hrg will be necessary. (More fully set out on the minute sheet.) (llg) |
| Filing 24 NOTICE of Change of Address by Steven A Myers (Myers, Steven) |
| Filing 23 ENTRY of Appearance by Steven A Myers on behalf of All Defendants (Myers, Steven) |
| Filing 22 NOTICE TO THE PARTIES AND COUNSEL. With the filing of a certificate of service on this date, the court will have certainty, as of 2:00 PM on Monday, 12/13/2021, as to whether an objection is lodged pursuant to the notice at doc. no. 18 in this case. Court staff will notify all counsel if an objection is lodged. In the absence of such an objection, the court will hold a status and scheduling conference at 4:00 PM on 12/13/2021, per doc. no. 19. Appearance by telephone will be permitted. Signed by Judge Stephen P. Friot on 12/8/2021. (llg) |
| Filing 21 CERTIFICATE OF SERVICE by Plaintiffs 16 Oklahoma Air National Guard Members, John M O'Connor, Oklahoma State of, J Kevin Stitt re #18 Notice (other),,, #9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support, #10 Order on Motion to Appear Pro Hac Vice,,,,, #12 Order on Motion to Appear Pro Hac Vice (Mansinghani, Mithun) |
| Filing 20 SUMMONS Returned Executed by 16 Oklahoma Air National Guard Members, Oklahoma State of, J Kevin Stitt, John M O'Connor. All Defendants. (Mansinghani, Mithun) |
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Filing 19
ORDER regarding #9 Plaintiffs' Emergency Motions for Temporary Restraining Order and Preliminary Injunction. Promptly after the filing of plfs' proof of service (fully compliant with the requirements of Rule 4, Fed. R. Civ. P.) of the complaint, the summons, the Motion, and the Notice to the Parties and Counsel upon dfts, the court will set this matter for status and scheduling conference (unless an objection is timely communicated pursuant to the Notice). The status and scheduling conference will relate principally to scheduling matters with respect to the Motion. Signed by Judge Stephen P. Friot on 12/6/2021. (llg)
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| Filing 18 NOTICE TO THE PARTIES AND COUNSEL. Any party which may wish to object to the continued participation in this case by the undersigned (for the reasons set out in this Notice) shall orally so inform the Clerk of Court, Carmelita Reeder Shinn (or, in her absence, Chief Deputy William Pigott), of that fact as provided below. Any such objection on the part of the plfs shall be communicated as set forth above not later than 2:00 PM on 12/10/2021. Any such objection on the part of the dfts shall be communicated as set forth above not later than 2:00 PM on the 5th calendar day after proof of service of this notice on dfts (in all respects compliant with the requirements of Rule 4, Fed. R. Civ. P.) is filed in this case. Signed by Judge Stephen P. Friot on 12/6/2021. (llg) |
| Filing 17 Receipt for Money Received from All Plaintiffs in the amount of $50, receipt number AOKWDC-3810121 regarding #11 MOTION for Leave to Appear Pro Hac Vice (dtb) |
| Filing 16 ENTRY of Appearance by Gene C Schaerr on behalf of All Plaintiffs (Schaerr, Gene) |
| Filing 15 ENTRY of Appearance by Brian J Field on behalf of All Plaintiffs (Field, Brian) |
| Filing 14 ENTRY of Appearance by H Christopher Bartolomucci on behalf of All Plaintiffs (Bartolomucci, H) |
| Filing 13 ENTRY of Appearance by Riddhi Dasgupta on behalf of All Plaintiffs (Dasgupta, Riddhi) |
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Filing 12
ORDER granting #11 Motion to Appear Pro Hac Vice (as fully set out in this order). Signed by Judge Stephen P. Friot on 12/6/2021. (llg)
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| Filing 11 MOTION for Leave to Appear Pro Hac Vice by All Plaintiffs. (Attachments: #1 Attachment PHV Req for Admission Gene C. Schaerr)(Mansinghani, Mithun) |
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Filing 10
ORDER granting #6 Motion to Appear Pro Hac Vice, granting #7 Motion to Appear Pro Hac Vice, granting #8 Motion to Appear Pro Hac Vice (as fully set out in this order). Signed by Judge Stephen P. Friot on 12/6/2021. (llg)
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| Filing 9 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction and Brief in Support by All Plaintiffs. (Attachments: #1 Exhibit 1 - Biden EO 14043, #2 Exhibit 2 - Biden EO 13991, #3 Exhibit 3 - LLOYD AUSTIN Memo NOV 30 -- COVID-19 Vaccination for Members of the National Guard and the Ready Reserve)(Mansinghani, Mithun). |
| Filing 8 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number AOKWDC-3810171 by All Plaintiffs. (Attachments: #1 Attachment PHV Req for Admission R Dasgupta)(Mansinghani, Mithun) |
| Filing 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number AOKWDC-3810167 by All Plaintiffs. (Attachments: #1 Attachment PHV Req for Admission HC Bartolomucci)(Mansinghani, Mithun) |
| Filing 6 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number AOKWDC-3810138 by All Plaintiffs. (Attachments: #1 Attachment PHV Req for Admission B Field)(Mansinghani, Mithun) |
| Filing 5 ENTRY of Appearance by Mithun S Mansinghani on behalf of All Plaintiffs (Mansinghani, Mithun) |
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Filing 4
ENTER ORDER REASSIGNING CASE. Case reassigned to Judge Stephen P. Friot for all further proceedings. Please note that for future filings in this case, the letter at the end of the number should now be a "F" rather than a(n) "JD". This is important to ensure the prompt distribution of pleadings to the proper judge. Signed by Judge Jodi W. Dishman on 12/03/2021. (nv)
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Filing 3
RECUSAL ORDER. Judge Jodi W. Dishman recused. The Clerk of the Court is directed to place this case number in the random draw for reassignment to another Judge of the Court. Signed by Judge Jodi W. Dishman on 12/3/2021. (nv)
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| PAYMENT FOR A CIVIL CASE 21cv01136 Filing fee $ 402, receipt number AOKWDC-3809633. (Mansinghani, Mithun) |
| Filing 2 Summons Issued Electronically as to Kiran Ahuja, Lloyd J Austin, III, Joseph R Biden, Jr, Matthew C Blum, Robin Carnahan, Deanne Criswell, Carlos Del Toro, Federal Acquisition Regulatory Council, Lesley A Field, General Services Administration, Karla S Jackson, Frank Kendall, Jeffrey A Koses, James M Murray, Office of Management and Budget, Office of Personnel Management, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, US Department of Defense, US Department of the Air Force, US Department of the Army, US Department of the Navy, United States of America, Rochelle Walensky, Christine Wormuth, Shalanda D Young, Jeffrey Zients. (knt) |
| Filing 1 COMPLAINT against Kiran Ahuja, Lloyd J Austin, III, Joseph R Biden, Jr, Matthew C Blum, Robin Carnahan, Deanne Criswell, Carlos Del Toro, Federal Acquisition Regulatory Council, Lesley A Field, General Services Administration, Karla S Jackson, Frank Kendall, Jeffrey A Koses, James M Murray, Office of Management and Budget, Office of Personnel Management, L Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, US Department of Defense, US Department of the Air Force, US Department of the Army, US Department of the Navy, United States of America, Rochelle Walensky, Christine Wormuth, Shalanda D Young, Jeffrey Zients filed by 16 Oklahoma Air National Guard Members, Oklahoma State of, J Kevin Stitt, John M O'Connor. (Attachments: #1 Exhibit 1 - EO 14043, #2 Exhibit 2 - Lloyd Austin's Nov. 30 Memo, #3 Exhibit 3 - EO 13991, #4 Exhibit 4 - EO 14042, #5 Civil Cover Sheet)(knt) |
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