US Navy SEALs 1-26 et al v Biden et al
Plaintiff: US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5, US Navy Explosive Ordnance Disposal Technician 1 and US Navy Divers 1-3
Defendant: Joseph R. Biden, Jr., Lloyd J. Austin, III, United States Department of Defense, Carlos Del Toro, Joseph R Biden, Jr and Lloyd J Austin, III
Petitioner: Major Michael Webb
Amicus Curiae: America First Policy Institute, Foundation for Moral Law, Sen. Ted Cruz, Sen. Rick Scott, Sen. Mike Lee, Sen. James M. Inhofe, Sen. James Lankford, Sen. Steve Daines, Sen. Roger F. Wicker, Sen. Mike Braun, Sen. Roger Marshall, Rep. Mike Johnson, Rep. Rick Allen, Rep. Brian Babin, Rep. Jack Bergman, Rep. Andy Biggs, Rep. Dan Bishop, Rep. Lauren Boebert, Rep. Mo Brooks, Rep. Kat Cammack, Rep. Andrew Clyde, Rep. Warren Davidson, Rep. Rodney Davis, Rep. Jeff Duncan, Rep. Bob Gibbs, Rep. Louie Gohmert, Rep. Bob Good, Rep. Paul Gosar, Rep. Michael Guest, Rep. Andy Harris, MD, Rep. Vicky Hartzler, Rep. Jody Hice, Rep. Clay Higgins, Rep. Darrell Issa, Rep. Ronny L. Jackson, Rep. Doug LaMalfa, Rep. Doug Lamborn, Rep. Billy Long, Rep. Thomas Massie, Rep. Brian Mast, Rep. Mary Miller, Rep. Gregory F. Murphy, MD, Rep. Ralph Norman, Rep. Scott Perry, Rep. Matthew Rosendale, Sr., Rep. Chip Roy, Rep. W. Gregory Steube, Rep. Randy Weber and Rep. Daniel Webster
Case Number: 4:2021cv01236
Filed: November 9, 2021
Court: US District Court for the Northern District of Texas
Presiding Judge: Reed C O'Connor
Nature of Suit: Civil Rights: Other Civil Rights
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 3, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 3, 2022 Opinion or Order Filing 149 ELECTRONIC ORDER deferring ruling on #146 Motion for Protective Order. Plaintiffs to respond no later than May 9, 2022. Reply brief due no later than May 11, 2022. Deponent not required to attend deposition until the Court resolves the Emergency Motion. (Ordered by Judge Reed C. O'Connor on 5/3/2022) (Judge Reed C. O'Connor)
May 3, 2022 Filing 148 Appendix in Support filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense re #147 Brief/Memorandum in Support of Motion, (Powell, Amy)
May 3, 2022 Filing 147 Brief/Memorandum in Support filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense re #146 Emergency MOTION for Protective Order to Reschedule Deposition for June 24, 2022 or Dates Thereafter (Powell, Amy)
May 3, 2022 Filing 146 Emergency MOTION for Protective Order filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense (Attachments: #1 Proposed Order) (Powell, Amy)
May 2, 2022 Filing 145 MOTION for Leave to Proceed in forma pauperis filed by Michael Webb (npk)
May 2, 2022 Filing 144 LOCAL RULE 83.l(M) CERTIFICATION re: #143 MOTION to Intervene filed by Michael Webb (npk)
May 2, 2022 Filing 143 MOTION for Leave to Intervene filed by Michael Webb (npk)
April 28, 2022 Filing 142 Joint Submission on Discovery Matters Rule 26(f) Report by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5. (Stephens, Andrew)
April 8, 2022 APPEARANCE FORM FILED at USCA5 by Attorney Franklin D. Rosenblatt for Amicus Curiae National Institute of Military Justice in 22-10077 Sufficient Brief deadline satisfied [22-10077]. Access to the EROA. (tle)
April 4, 2022 Filing 141 Notice of Filing of Official Electronic Transcript of Motion Hearing - #101 REDACTED & CORRECTED Proceedings held on 12.20.21 before Judge Reed O'Connor. Court Reporter/Transcriber Zoie Williams, Telephone number 817.850.6630. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (214 pages) Redaction Request due 4/25/2022. Redacted Transcript Deadline set for 5/5/2022. Release of Transcript Restriction set for 7/5/2022. (zow) Modified on 5/3/2022 (tle).
April 4, 2022 Supplemental Record on Appeal for USCA5 22-10077 (related to #82 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript (Redacted & Corrected),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (tle)
March 28, 2022 Opinion or Order Filing 140 ORDER granting in part #89 Motion to Certify Class; granting #104 Motion for Injunction; staying in part. (Ordered by Judge Reed C. O'Connor on 3/28/2022) (chmb)
March 25, 2022 Filing 139 Supreme Court Order No. 21A477. The application for a partial stay presented to JUSTICE ALITO and by him referred to the Court is granted. The district courts January 3, 2022 order, insofar as it precludes the Navy from considering respondents vaccination status in making deployment, assignment, and other operational decisions, is stayed pending disposition of the appeal in the United States Court of Appeals for the Fifth Circuit and disposition of the petition for a writ of certiorari, if such writ is timely sought. Should the petition for a writ of certiorari be denied, this order shall terminate automatically. In the event the petition for a writ of certiorari is granted, the order shall terminate upon the sending down of the judgment of this Court. JUSTICE THOMAS would deny the application for a partial stay. [22-10077] (tle)
March 14, 2022 Filing 138 REPLY filed by Lloyd J Austin, III, Joseph R Biden, Jr, United States Department of Defense re: #106 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Lack of Venue (Avallone, Zachary)
March 1, 2022 Filing 137 Appendix in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #136 Reply (Stephens, Andrew)
March 1, 2022 Filing 136 REPLY filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re: #89 MOTION to Certify Class (Stephens, Andrew)
March 1, 2022 Filing 135 NON DISPOSITIVE PUBLISHED OPINION of USCA No. 22-10077 in accordance with USCA judgment re #82 Notice of Appeal, filed by United States Department of Defense, Joseph R Biden, Jr, Carlos Del Toro, Lloyd J Austin, III. The motion by Defendants for a partial stay of the preliminary injunction pending appeal is DENIED. (Attachments: #1 USCA5 Cover Letter) (tle)
February 28, 2022 Filing 134 Appendix in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #133 Reply, (Hacker, Heather)
February 28, 2022 Filing 133 REPLY filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re: #104 MOTION for Injunction Classwide Preliminary Injunction (Hacker, Heather)
February 28, 2022 Filing 132 Appendix in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #131 Response/Objection, (Hacker, Heather)
February 28, 2022 Filing 131 RESPONSE filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re: #106 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Lack of Venue (Hacker, Heather)
February 23, 2022 Filing 130 Appendix in Support filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense re #129 Response/Objection (Powell, Amy)
February 23, 2022 Filing 129 RESPONSE filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense re: #104 MOTION for Injunction Classwide Preliminary Injunction (Powell, Amy)
February 22, 2022 Opinion or Order Filing 128 ORDER of USCA No. 22-10077 as to #82 Notice of Appeal, filed by United States Department of Defense, Joseph R Biden, Jr, Carlos Del Toro, Lloyd J Austin, III. The court has considered the motion of Carlos Del Toro, Joseph R. Biden, Lloyd Austin, Secretary, U.S. Department of Defense, United States Department of Defense to view non-public and/or sealed material in the record on appeal. Unless the court granted access to one or more specific documents ONLY, it is ordered, counsel for Carlos Del Toro, Joseph R. Biden, Lloyd Austin, Secretary, U.S. Department of Defense, United States Department of Defense may obtain all ex parte documents filed on behalf of Carlos Del Toro, Joseph R. Biden, Lloyd Austin, Secretary, U.S. Department of Defense, United States Department of Defense, and all other non ex parte documents in the record. The non-public and/or sealed materials from the record are for your review ONLY. The integrity of the sealed documents is your responsibility, and if provided in original paper, return to the district court as soon as it has served your purpose. (tle)
February 22, 2022 Opinion or Order Filing 127 ORDER of USCA No. 22-10077 as to #82 Notice of Appeal, filed by United States Department of Defense, Joseph R Biden, Jr, Carlos Del Toro, Lloyd J Austin, III. IT IS ORDERED that Appellants unopposed motion to view and obtain sealed documents is GRANTED. (tle)
February 22, 2022 SEALED EROA transmitted to Lowell V Sturgill Jr.,USDOJ, per Order of U.S. Court of Appeals Fifth Circuit. [22-10077] (tle)
February 18, 2022 Opinion or Order Filing 126 ORDER of USCA No. 22-10077 as to #82 Notice of Appeal, filed by United States Department of Defense, Joseph R Biden, Jr, Carlos Del Toro, Lloyd J Austin, III. The court has considered the motion of U.S. Navy SEALs 1-26, U.S. Navy Divers 1-3, U.S. Navy Special Warfare Combatant Craft Crewmen 1-5, U.S. Navy Explosive Ordnance Disposal Technician 1 to view non-public and/or sealed material in the record on appeal. Unless the court granted access to one or more specific documents ONLY, it is ordered, counsel for U.S. Navy SEALs 1-26, U.S. Navy Divers 1-3, U.S. Navy Special Warfare Combatant Craft Crewmen 1-5, U.S. Navy Explosive Ordnance Disposal Technician 1 may obtain all ex parte documents filed on behalf of U.S. Navy SEALs 1-26, U.S. Navy Divers 1-3, U.S. Navy Special Warfare Combatant Craft Crewmen 1-5, U.S. Navy Explosive Ordnance Disposal Technician 1, and all other non ex parte documents in the record. The non-public and/or sealed materials from the record are for your review ONLY. The integrity of the sealed documents is your responsibility, and if provided in original paper, return to the district court as soon as it has served your purpose. (tle)
February 18, 2022 Opinion or Order Filing 125 ORDER of USCA No. 22-10077 as to #82 Notice of Appeal, filed by United States Department of Defense, Joseph R Biden, Jr, Carlos Del Toro, Lloyd J Austin, III. IT IS ORDERED that Appellees motion to view and obtain sealed documents is GRANTED. (tle)
February 18, 2022 SEALED EROA transmitted to Heather G Hacker per Order of U.S. Court of Appeals Fifth Circuit. [22-10077] (tle)
February 17, 2022 Filing 124 NOTICE of the Issuance of DoD Guidance filed by Lloyd J Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense (Attachments: #1 Exhibit(s) 1) (Carmichael, Andrew)
February 17, 2022 Opinion or Order Filing 123 ORDER granting #122 Motion Requesting Redaction of the December 20, 2021 #101 Hearing Transcript. (Ordered by Judge Reed C. O'Connor on 2/17/2022) (bdb)
February 16, 2022 Filing 122 MOTION to Redact #101 Transcript filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 (Attachments: #1 Proposed Order) (Runyan, Danielle)
February 15, 2022 Filing 121 Appendix in Support filed by Lloyd J Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re #120 Response/Objection (Snyder, Cassandra)
February 15, 2022 Filing 120 RESPONSE filed by Lloyd J Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re: #89 MOTION to Certify Class (Snyder, Cassandra)
February 15, 2022 Filing 119 NOTICE of Attorney Appearance by Cassandra Marie Snyder on behalf of Lloyd J Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense. (Filer confirms contact info in ECF is current.) (Snyder, Cassandra)
February 15, 2022 Record on Appeal for USCA5 22-10077 (related to #82 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, 1 Volume(s) electronic transcript, Sealed Exhibit #115 Volume(s) or container(s) of trial or hearing original exhibits, Sealed or ex parte electronic document number(s): 27,52 (circuit approval is required for access),. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by #contacting the appeals deputy in advance to arrange delivery. (tle)
February 14, 2022 USCA5 Notification in case 22-10077. (tle) Modified text on 2/15/2022 (tle). Modified on 2/15/2022 (tle).
February 13, 2022 Filing 118 Appendix in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #117 Reply in Support of Motion for Order to Show Cause (Hacker, Heather)
February 13, 2022 Filing 117 REPLY filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re: #95 MOTION for Order to Show Cause (Hacker, Heather)
February 13, 2022 Opinion or Order Filing 116 ORDER denying #85 Motion to Stay (Ordered by Judge Reed C. O'Connor on 2/13/2022) (chmb)
February 10, 2022 Filing 115 Sealed Electronic Copy of Admitted Hearing or Trial Exhibit(s) re #82 Notice of Appeal,. Sealed exhibits are available for access only through the Electronic Record on Appeal. (tle)
February 10, 2022 Opinion or Order Filing 114 ORDER granting in part Plaintiffs' #113 Motion for Extension of Time to File Reply: Plaintiffs must file their reply in support of their #95 Motion for Order to Show Cause no later than Monday, 2/14/2022 at 8:00 a.m. After reviewing the briefing, the Court will determine whether the requested hearing is necessary. See ECF No. #112 . (Ordered by Judge Reed C. O'Connor on 2/10/2022) (twd)
February 9, 2022 Filing 113 MOTION for Extension of Time to File Response/Reply to #95 MOTION for Order to Show Cause filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 (Attachments: #1 Proposed Order) (Hacker, Heather)
February 9, 2022 Filing 112 MOTION for Hearing re #95 MOTION for Order to Show Cause , #85 MOTION to Stay re #66 Order on Motion for Injunction, , #89 MOTION to Certify Class , #104 MOTION for Injunction Classwide Preliminary Injunction filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 (Hacker, Heather)
February 7, 2022 Filing 111 Appendix in Support filed by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re #110 Response/Objection (Powell, Amy)
February 7, 2022 Filing 110 RESPONSE filed by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re: #95 MOTION for Order to Show Cause (Powell, Amy)
February 7, 2022 Opinion or Order Filing 109 ORDER: Before the Court is Plaintiffs Motion for Classwide Preliminary Injunction. Defendants are to respond no later than February 23, 2022, and Plaintiffs are to reply no later than February 28, 2022. (Ordered by Judge Reed C. O'Connor on 2/7/2022) (chmb)
February 7, 2022 Filing 108 Appendix in Support filed by Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense re #106 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Lack of Venue, #107 Brief/Memorandum in Support of Motion (Enlow, Courtney)
February 7, 2022 Filing 107 Brief/Memorandum in Support filed by Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense re #106 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Lack of Venue (Enlow, Courtney)
February 7, 2022 Filing 106 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Lack of Venue () filed by Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense (Attachments: #1 Proposed Order) (Enlow, Courtney)
February 7, 2022 Filing 105 Brief/Memorandum in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #104 MOTION for Injunction Classwide Preliminary Injunction (Hacker, Heather)
February 7, 2022 Filing 104 MOTION for Injunction Classwide Preliminary Injunction filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 (Hacker, Heather)
February 2, 2022 Filing 103 Appendix in Support filed by Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense re #102 Reply (Carmichael, Andrew)
February 2, 2022 Filing 102 REPLY filed by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re: #85 MOTION to Stay re #66 Order on Motion for Injunction, (Carmichael, Andrew)
February 1, 2022 Filing 101 Notice of Filing of Official Electronic Transcript of Motion Hearing Proceedings held on 12.20.21 before Judge Reed O'Connor. Court Reporter/Transcriber Zoie Williams, Telephone number 817.850.6630. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (214 pages) Redaction Request due 2/22/2022. Redacted Transcript Deadline set for 3/4/2022. Release of Transcript Restriction set for 5/2/2022. (zow) (Main Document 101 replaced on 2/14/2022) (tle). (Main Document 101 replaced on 2/22/2022) (bdb). (Main Document 101 replaced on 2/25/2022) (tle).
January 31, 2022 Filing 100 Appendix in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #99 Response/Objection, (Hacker, Heather)
January 31, 2022 Filing 99 RESPONSE filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re: #85 MOTION to Stay re #66 Order on Motion for Injunction, (Hacker, Heather)
January 31, 2022 Opinion or Order Filing 98 ORDER deferring ruling on #95 Motion for Order to Show Cause. Responses due by 2/7/2022. Replies due by 2/10/2022. (Ordered by Judge Reed C. O'Connor on 1/31/2022) (Judge Reed C. O'Connor)
January 31, 2022 Filing 97 Appendix in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #95 MOTION for Order to Show Cause , #96 Brief/Memorandum in Support of Motion, (Hacker, Heather)
January 31, 2022 Filing 96 Brief/Memorandum in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #95 MOTION for Order to Show Cause (Hacker, Heather)
January 31, 2022 Filing 95 MOTION for Order to Show Cause filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 (Attachments: #1 Proposed Order) (Hacker, Heather)
January 26, 2022 Opinion or Order Filing 94 ORDER: The Court ORDERS that the Defendants' #91 , #93 Unopposed Motions to Withdraw Appearance are GRANTED. The clerk is directed to correct the docket to reflect that Plaintiffs' #84 First Amended Class Action Complaint asserts claims against Defendants solely in their official capacities. (Ordered by Judge Reed C. O'Connor on 1/26/2022) (twd)
January 26, 2022 Filing 93 Unopposed MOTION to Withdraw as Attorney filed by Lloyd J. Austin, III, Carlos Del Toro (Attachments: #1 Proposed Order) (Luecke-DOJ, Daniel)
January 26, 2022 Filing 92 Transcript Order Form: re #82 Notice of Appeal,,,, transcript requested by Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense, Joseph R Biden, Jr for Preliminary Injunction Hearing Held 12/20/2021 (Court Reporter: Zoie Williams.) Payment method: US government funds Reminder: If the transcript is ordered for an appeal, Appellant must also file a copy of the order form with the appeals court.. (Powell, Amy)
January 26, 2022 Filing 91 Unopposed MOTION to Withdraw as Attorney filed by Lloyd J. Austin, III, Carlos Del Toro (Attachments: #1 Proposed Order) (Skinner, Reginald)
January 25, 2022 Filing 90 Brief/Memorandum in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #89 MOTION to Certify Class (Attachments: #1 Declaration(s)) (Stephens, Andrew)
January 25, 2022 Filing 89 MOTION to Certify Class filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 (Attachments: #1 Proposed Order) (Stephens, Andrew)
January 24, 2022 Opinion or Order Filing 88 ORDER re Defendants' #85 Motion to Stay: The Court finds that expedited briefing is necessary to resolve the issue of whether a stay is required. Accordingly, the Court ORDERS Plaintiffs to file their response no later than 1/31/2022. Defendants' reply must be filed no later than 2/2/2022. (Ordered by Judge Reed C. O'Connor on 1/24/2022) (twd)
January 24, 2022 Filing 87 Appendix in Support filed by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re #85 MOTION to Stay re #66 Order on Motion for Injunction, (Carmichael, Andrew)
January 24, 2022 Filing 86 Brief/Memorandum in Support filed by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re #85 MOTION to Stay re #66 Order on Motion for Injunction, (Carmichael, Andrew)
January 24, 2022 Filing 85 MOTION to Stay re #66 Order on Motion for Injunction, filed by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense (Attachments: #1 Proposed Order) (Carmichael, Andrew)
January 24, 2022 Filing 84 AMENDED COMPLAINT CLASS ACTION against Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense (Claims are asserted against defendants solely in their official capacities) filed by US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Divers 1-3, US Navy Special Warfare Combatant Craft Crewmen 1-5. (One or more defendant(s) is no longer named.) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Stephens, Andrew) Docket text modified on 1/26/2022 (twd).
January 21, 2022 Filing 83 USCA Case Number 22-10077 in United States Court of Appeals Fifth Circuit for #82 Notice of Appeal, filed by United States Department of Defense, Joseph R Biden, Jr, Carlos Del Toro, Lloyd J. Austin, III. (tle)
January 21, 2022 Filing 82 NOTICE OF INTERLOCUTORY APPEAL as to #66 Order on Motion for Injunction, to the Fifth Circuit by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Carmichael, Andrew)
January 20, 2022 Opinion or Order Filing 81 ELECTRONIC ORDER granting #80 Application for Admission Pro Hac Vice of Danielle A. Runyan. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 1/20/2022) (chmb)
January 20, 2022 Filing 80 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Danielle Runyan (Filing fee $100; Receipt number 0539-12537523) filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 (Attachments: #1 Additional Page(s) Certificate of Good Standing-New Jersey) (Mateer, Jeffrey)
January 19, 2022 Opinion or Order Filing 79 ELECTRONIC ORDER granting #78 Application for Admission Pro Hac Vice of Holly M. Randall. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 1/19/2022) (chmb) [Ntc regen to cnsl] Modified on 1/19/2022 (npk).
January 19, 2022 Filing 78 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Holly Randall (Filing fee $100; Receipt number 0539-12533795) filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 (Attachments: #1 Additional Page(s) Certificate of Good Standing-Oklahoma, #2 Proposed Order Proposed Order) (Mateer, Jeffrey)
January 17, 2022 Answer due from Lloyd J. Austin, III on 2/1/2022; Carlos Del Toro on 2/1/2022. (npk)
January 17, 2022 Opinion or Order Filing 77 ORDER granting #70 Motion for Consolidated Response Deadline. The Court GRANTS the Motion and ORDERS Defendants to file their consolidated response no later than February 1, 2022. (Ordered by Judge Reed C. O'Connor on 1/17/2022) (chmb)
January 17, 2022 Filing 76 RESPONSE filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re: #70 MOTION for Consolidated Response Deadline (Attachments: #1 Declaration(s)) (Hacker, Heather)
January 14, 2022 Filing 75 Appendix in Support filed by Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense re #74 Brief/Memorandum in Support of Motion, #73 MOTION to Dismiss (Enlow, Courtney)
January 14, 2022 Filing 74 Brief/Memorandum in Support filed by Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense re #73 MOTION to Dismiss (Enlow, Courtney)
January 14, 2022 Filing 73 MOTION to Dismiss filed by Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense (Attachments: #1 Proposed Order) (Enlow, Courtney)
January 14, 2022 Opinion or Order Filing 72 ORDER re Defendants' #70 Motion for Consolidated Response Deadline: The Court ORDERS Plaintiffs to respond to this motion no later than Monday, 1/17/2022. (Ordered by Judge Reed C. O'Connor on 1/14/2022) (twd) Modified docket text on 1/14/2022 (bdb).
January 14, 2022 Opinion or Order Filing 71 ORDER granting Defendants' #69 Unopposed Motion to File Excess Pages: It is, accordingly, ORDERED that Defendants are permitted to file a 30-page brief in support of their forthcoming motion to dismiss Plaintiffs' complaint. (Ordered by Judge Reed C. O'Connor on 1/14/2022) (twd)
January 14, 2022 Filing 70 MOTION for Consolidated Response Deadline filed by Lloyd J. Austin, III, Carlos Del Toro (Attachments: #1 Proposed Order) (Luecke-DOJ, Daniel)
January 14, 2022 Filing 69 MOTION to File Excess Pages (Unopposed) filed by Lloyd J. Austin, III, Carlos Del Toro (Attachments: #1 Proposed Order) (Luecke-DOJ, Daniel)
January 13, 2022 Filing 68 NOTICE of Attorney Appearance by Daniel Luecke-DOJ on behalf of Lloyd J. Austin, III, Carlos Del Toro. (Filer confirms contact info in ECF is current.) (Luecke-DOJ, Daniel)
January 13, 2022 Filing 67 NOTICE of Attorney Appearance by Reginald Maurice Skinner on behalf of Lloyd J. Austin, III, Carlos Del Toro. (Filer confirms contact info in ECF is current.) (Skinner, Reginald)
January 3, 2022 Opinion or Order Filing 66 ORDER ON PRELIMINARY INJUNCTION: The #15 Motion for Preliminary Injunction is GRANTED. Defendants are enjoined from applying MANMED 15-105(3)(n)(9); NAVADMIN 225/21; Trident Order #12; and NAVADMIN 256/21 to Plaintiffs. Defendants are also enjoined from taking any adverse action against Plaintiffs on the basis of Plaintiffs' requests for religious accommodation. (Ordered by Judge Reed C. O'Connor on 1/3/2022) (bdb)
December 30, 2021 Filing 65 REPLY filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re: #26 MOTION for Protective Order (Stephens, Andrew)
December 30, 2021 Filing 64 NOTICE of Supplemental Authority re: #43 Response/Objection filed by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense (Enlow, Courtney)
December 24, 2021 Filing 63 Supplemental Document by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 as to #15 MOTION for Injunction (Preliminary Injunction) . (Stephens, Andrew)
December 23, 2021 Filing 62 Supplemental Document by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 as to #15 MOTION for Injunction (Preliminary Injunction) . (Stephens, Andrew)
December 20, 2021 Filing 61 ELECTRONIC Minute Entry for proceedings held before Judge Reed C. O'Connor: Motion Hearing held on 12/20/2021 re #15 Motion for Injunction, filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy Special Warfare Combatant Craft Crewmen 1-5, US Navy SEALs 1-26. re: #15 MOTION for Injunction (Preliminary Injunction). Attorney Appearances: Plaintiff - Andrew Stephens, Heather Hacker; Defense - Amy Powell. (Court Reporter: Zoie Williams) (Exhibits admitted - Plaintiff Exhibits 1-25) Time in Court - 3:45. (chmb)
December 17, 2021 Filing 60 AMICUS BRIEF in Support of Plaintiffs' #15 MOTION for Preliminary Injunction filed by Rick Allen, Brian Babin, Jack Bergman, Andy Biggs, Dan Bishop, Lauren Boebert, Mike Braun, Mo Brooks, Kat Cammack, Andrew Clyde, Ted Cruz, Steve Daines, Warren Davidson, Rodney Davis, Jeff Duncan, Bob Gibbs, Louie Gohmert, Bob Good, Paul Gosar, Michael Guest, Andy Harris, MD, Vicky Hartzler, Jody Hice, Clay Higgins, James M. Inhofe, Darrell Issa, Ronny L. Jackson, Mike Johnson, Doug LaMalfa, Doug Lamborn, James Lankford, Mike Lee, Billy Long, Roger Marshall, Thomas Massie, Brian Mast, Mary Miller, Gregory F. Murphy, MD, Ralph Norman, Scott Perry, Matthew Rosendale, Sr., Chip Roy, Rick Scott, W. Gregory Steube, Randy Weber, Daniel Webster, Roger F. Wicker (npk)
December 17, 2021 Filing 59 Appendix in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #15 MOTION for Injunction (Preliminary Injunction), #58 Reply (Hacker, Heather)
December 17, 2021 Filing 58 REPLY filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re: #15 MOTION for Injunction (Preliminary Injunction) (Hacker, Heather)
December 17, 2021 Opinion or Order Filing 57 ORDER granting #56 Motion for Leave to File Amicus Curiae. The Clerk is directed to file the proposed brief, attached to the Motion, as a separate docket entry. (Ordered by Judge Reed C. O'Connor on 12/17/2021) (chmb)
December 17, 2021 Filing 56 Unopposed MOTION for Leave to File Amicus Curiae Brief in Support of Preliminary Injunction filed by Ted Cruz, Rick Scott, Mike Lee, James M. Inhofe, James Lankford, Steve Daines, Roger F. Wicker, Mike Braun, Roger Marshall, Mike Johnson, Rick Allen, Brian Babin, Jack Bergman, Andy Biggs, Dan Bishop, Lauren Boebert, Mo Brooks, Kat Cammack, Andrew Clyde, Warren Davidson, Rodney Davis, Jeff Duncan, Bob Gibbs, Louie Gohmert, Bob Good, Paul Gosar, Michael Guest, Andy Harris, MD, Vicky Hartzler, Jody Hice, Clay Higgins, Darrell Issa, Ronny L. Jackson, Doug LaMalfa, Doug Lamborn, Billy Long, Thomas Massie, Brian Mast, Mary Miller, Gregory F. Murphy, MD, Ralph Norman, Scott Perry, Matthew Rosendale, Sr., Chip Roy, W. Gregory Steube, Randy Weber, Daniel Webster with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s)). Party Sen. Ted Cruz (TX) added. (Brandon, Thomas)
December 17, 2021 Opinion or Order Filing 55 ELECTRONIC ORDER granting #54 Motion for Leave to File. (The requesting party must file the document with the clerk.) (Ordered by Judge Reed C. O'Connor on 12/17/2021) (chmb)
December 17, 2021 Filing 54 Unopposed MOTION for Leave to File Reply Brief of 16 Pages filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Hacker, Heather)
December 17, 2021 Filing 53 NOTICE of Attorney Appearance by Andrew Evan Carmichael on behalf of Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense. (Filer confirms contact info in ECF is current.) (Carmichael, Andrew)
December 16, 2021 Filing 52 (Document Restricted) DEFENDANTS MOTION TO SEAL APPENDIX TO BE FILED IN SUPPORT OF THEIR OPPOSITION TO PLAINTIFFS MOTION TO PROCEED ANONYMOUSLY (Sealed pursuant to motion to seal) filed by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense (Attachments: #1 Proposed Order, #2 Sealed Appendix in support of Defendants' Opposition to Plaintiffs' Motion to Proceed Anonymously) (Enlow, Courtney)
December 16, 2021 Filing 51 Appendix in Support filed by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re #50 Response/Objection (Enlow, Courtney)
December 16, 2021 Filing 50 RESPONSE filed by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re: #26 MOTION for Protective Order (Enlow, Courtney)
December 15, 2021 Filing 49 Amicus Brief in support of Plaintiffs filed by Foundation for Moral Law. (twd)
December 15, 2021 Opinion or Order Filing 48 ORDER granting the Foundation for Moral Law's #47 Unopposed Motion for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Reed C. O'Connor on 12/15/2021) (twd)
December 15, 2021 Filing 47 MOTION for Leave to File Amicus Brief supporting Plaintiffs filed by Foundation for Moral Law with Brief/Memorandum in Support.. Party Foundation for Moral Law added.Attorney James J S Johnson added to party Foundation for Moral Law(pty:am) (Johnson, James)
December 13, 2021 Filing 46 NOTICE of Filing an Errata re: #44 Appendix in Support, filed by Lloyd J. Austin, III, Joseph R. Biden, Jr, Carlos Del Toro, United States Department of Defense (Attachments: #1 Declaration(s)) (Enlow, Courtney)
December 12, 2021 Filing 45 NOTICE of Attorney Appearance by Zachary Anthony Avallone on behalf of Lloyd J. Austin, III, Joseph R. Biden, Jr, Carlos Del Toro, United States Department of Defense. (Filer confirms contact info in ECF is current.) (Avallone, Zachary)
December 10, 2021 Filing 44 Appendix in Support filed by Lloyd J. Austin, III, Joseph R. Biden, Jr, Carlos Del Toro, United States Department of Defense re #43 Response/Objection (Attachments: #1 Exhibit(s) 1-10, #2 Exhibit(s) 11, #3 Exhibit(s) 12-18) (Enlow, Courtney)
December 10, 2021 Filing 43 RESPONSE filed by Lloyd J. Austin, III, Joseph R. Biden, Jr, Carlos Del Toro, United States Department of Defense re: #15 MOTION for Injunction (Preliminary Injunction) (Enlow, Courtney)
December 10, 2021 Filing 42 AFFIDAVIT of Service for Motion for Leave to Exceed Page Limitation, (Proposed) Order Granting Plaintiffs Motion for Leave to Exceed Page Limitation, Motion for Preliminary Injunction, Memorandum in Support of Motion for Preliminary Injunction, Appendix in Support of the Motion for Preliminary Injunction, and (Proposed) Preliminary Injunction Order served on Carlos Del Toro, U.S. Secretary of the Navy on 12/01/21. (Berry, Michael)
December 9, 2021 Filing 41 NOTICE of Attorney Appearance by Amy Elizabeth Powell on behalf of Lloyd J. Austin, III, Joseph R. Biden, Jr, Carlos Del Toro, United States Department of Defense. (Filer confirms contact info in ECF is current.) (Powell, Amy)
December 8, 2021 Filing 40 AFFIDAVIT of Service for Summons, Complaint with Exhibits and Civil Cover Sheet served on Carlos Del Toro, US Secretary of the Navy on December 1, 2021. (Berry, Michael)
December 6, 2021 Opinion or Order Filing 39 ORDER granting #38 Unopposed Motion for Reconsideration. Defendants' opposition to Plaintiffs' motion to proceed anonymously is due December 22, 2021. (Ordered by Judge Reed C. O'Connor on 12/6/2021) (npk)
December 6, 2021 Filing 38 Unopposed MOTION for Reconsideration re #34 Protective Order filed by Lloyd J. Austin, III, Joseph R. Biden, Jr, Carlos Del Toro, United States Department of Defense with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Enlow, Courtney)
December 6, 2021 Opinion or Order Filing 37 PROTECTIVE ORDER: The following terms having been agreed to by the parties to provide a mechanism for those plaintiffs who are currently proceeding in this action through pseudonyms (collectively "the Pseudonym Plaintiffs") to provide their identities to Defendants. (Ordered by Judge Reed C. O'Connor on 12/6/2021) (twd)
December 3, 2021 Filing 36 RESPONSE filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re: #34 Protective Order (Attachments: #1 Proposed Order) (Hacker, Heather)
December 3, 2021 Filing 35 NOTICE of Compliance re: #34 Protective Order filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 (Hacker, Heather)
December 2, 2021 Opinion or Order Filing 34 PROTECTIVE ORDER re: #26 Motion for Protective Order. (Ordered by Judge Reed C. O'Connor on 12/2/2021) (bdb)
December 2, 2021 Filing 33 SUMMONS Returned Executed as to Joseph R. Biden, Jr. (Berry, Michael) Modified to correct text on 12/2/2021 (wxc).
December 2, 2021 Filing 32 AFFIDAVIT of Service for Motion for Leave to Exceed Page Limitation; (Proposed) Order Granting Plaintiff's Motion for Leave to Exceed Page Limitation; Motion for Preliminary Injunction; Memorandum in Support of Motion for Preliminary Injunction; Appendix in Support of the Motion for Preliminary Injunction, and (Proposed) Preliminary Injunction Order served on Lloyd J. Austin III, United States Secretary of Defense at the United States Department of Defense on November 29, 2021. (Berry, Michael)
December 2, 2021 Filing 31 Appendix in Support filed by Lloyd J. Austin, III, Joseph R. Biden, Jr, Carlos Del Toro, United States Department of Defense re #30 Response/Objection, (Enlow, Courtney)
December 2, 2021 Filing 30 RESPONSE filed by Lloyd J. Austin, III, Joseph R. Biden, Jr, Carlos Del Toro, United States Department of Defense re: #28 Order Setting Deadline/Hearing, (Attachments: #1 Proposed Protective Order, #2 Appendix to Proposed Protective Order) (Enlow, Courtney)
December 2, 2021 Filing 29 Appendix in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #26 MOTION for Protective Order (Hacker, Heather)
December 2, 2021 Opinion or Order Filing 28 ORDER re Plaintiffs' #26 Motion for Protective Order: The Court finds that expedited briefing is necessary to resolve the issue of whether a protective order is required. Accordingly, it is ORDERED that Defendants' response is due on or before 12/6/2021. Plaintiffs may then reply on or before 12/8/2021. (Ordered by Judge Reed C. O'Connor on 12/2/2021) (twd)
December 1, 2021 Filing 26 MOTION for Protective Order filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Hacker, Heather)
December 1, 2021 Opinion or Order Filing 25 ORDER granting Plaintiffs' #14 Motion for Leave to Exceed Page Limitation and Defendants' #24 Unopposed Motion for Leave to File an Opposition to Plaintiffs' Motion for Preliminary Injunction of Forty Pages. (Ordered by Judge Reed C. O'Connor on 12/1/2021) (twd)
December 1, 2021 Filing 24 Unopposed MOTION for Leave to File Opposition to Plaintiffs Motion for a Preliminary Injunction of Forty Pages filed by Lloyd J. Austin, III, Joseph R. Biden, Jr, Carlos Del Toro, United States Department of Defense with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Enlow, Courtney)
December 1, 2021 Filing 23 NOTICE of Attorney Appearance by Courtney Danielle Enlow on behalf of Lloyd J. Austin, III, Joseph R. Biden, Jr, Carlos Del Toro, United States Department of Defense. (Filer confirms contact info in ECF is current.) (Enlow, Courtney)
December 1, 2021 Filing 22 SUMMONS Returned Executed as to United States Department of Defense; served on 11/17/2021. (Berry, Michael)
November 30, 2021 Opinion or Order Filing 21 ORDER re Plaintiffs' #15 Request for Injunctive Relief: The Court adopts Plaintiffs' proposed briefing schedule and sets the matter for hearing as follows: Government's Response due by 12/10/2021. Plaintiffs' Reply due by 12/17/2021. Motion Hearing set for 12/20/2021 at 09:30 AM in US Courthouse, Courtroom 2nd Floor, 501 W. 10th St. Fort Worth, TX 76102-3673 before Judge Reed C. O'Connor. (Ordered by Judge Reed C. O'Connor on 11/30/2021) (twd)
November 30, 2021 Filing 20 STATUS REPORT filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5. (Hacker, Heather)
November 29, 2021 Filing 19 AFFIDAVIT of Service for Summons, Complaint with Exhibits and Civil Cover Sheet served on Lloyd J. Austin III on November 19, 2021. (Berry, Michael)
November 24, 2021 Opinion or Order Filing 18 ORDER: It is hereby ORDERED that Plaintiffs shall notify Defendants of its request for injunctive relief. It is further ORDERED that Plaintiffs shall file a pleading on the docket describing compliance with this provision. Finally, it is ORDERED that Plaintiffs and Defendants should then file a status report setting out proposed deadlines for any response and reply briefs. (Ordered by Judge Reed C. O'Connor on 11/24/2021) (bdb)
November 24, 2021 Filing 17 Appendix in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #15 MOTION for Injunction (Preliminary Injunction) (Attachments: #1 Appendix Set 2, #2 Appendix Set 3, #3 Appendix Set 4, #4 Appendix Set 5, #5 Appendix Set 6, #6 Appendix Set 7, #7 Appendix Set 8, #8 Appendix Set 9, #9 Certificate of Service) (Hacker, Heather)
November 24, 2021 Filing 16 Brief/Memorandum in Support filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 re #15 MOTION for Injunction (Preliminary Injunction) (Hacker, Heather)
November 24, 2021 Filing 15 MOTION for Injunction (Preliminary Injunction) filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 (Attachments: #1 Proposed Order) (Hacker, Heather)
November 24, 2021 Filing 14 MOTION for Leave to File Overlength Brief in support of Motion for Preliminary Injunction filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Hacker, Heather)
November 24, 2021 Opinion or Order Filing 13 ORDER: Plaintiffs are ORDERED to provide a report addressing the status of this case, including whether they have had any discussions, or have reached agreements, with Defendants concerning these deadlines and whether the Court needs to issue a scheduling order. Plaintiffs shall file the status report no later than December 1, 2021. (Ordered by Judge Reed C. O'Connor on 11/24/2021) (pef)
November 23, 2021 Opinion or Order Filing 11 ORDER: Having considered the unopposed #10 motion, the Court finds that the motion should be and is hereby GRANTED. Accordingly, the Clerk is DIRECTED to file America First's Amicus Curiae Brief, ECF No. 10-1, as a separate docket entry as of the date of the motion. (Ordered by Judge Reed C. O'Connor on 11/23/2021) (bdb)
November 22, 2021 Filing 12 BRIEF Amicus Curiae by America First Policy Institute. (bdb)
November 22, 2021 Filing 10 MOTION for Leave to File Brief Amicus Curiae filed by America First Policy Institute with Brief/Memorandum in Support. (Attachments: #1 Additional Page(s) Brief Amicus Curiae of the America First Policy Institute in Support of Plaintiffs, #2 Proposed Order Granting Motion of the America First Policy Institute for Leave to File Brief Amicus Curiae). Party America First Policy Institute added.Attorney James Stuart Baehr added to party America First Policy Institute(pty:am) (Baehr, James)
November 17, 2021 Opinion or Order Filing 9 ELECTRONIC ORDER granting #8 Application for Admission Pro Hac Vice of Jordan E. Pratt. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Judge Reed C. O'Connor on 11/17/2021) (chmb)
November 17, 2021 Filing 8 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number 0539-12393012) filed by US Navy Divers 1-3, US Navy Explosive Ordnance Disposal Technician 1, US Navy SEALs 1-26, US Navy Special Warfare Combatant Craft Crewmen 1-5 (Attachments: #1 Additional Page(s) Attachment, #2 Proposed Order Proposed Order, #3 Additional Page(s) Certificate of Good Standing) (Pratt, Jordan)
November 10, 2021 Filing 7 Summons Reissued as to Lloyd J. Austin, III, Joseph R. Biden, Jr, Carlos Del Toro, United States Department of Defense. (Attachments: #1 Lloyd J. Austin, III, #2 United States Department of Defense, #3 Carlos Del Toro) (npk)
November 9, 2021 Filing 6 Summons Issued as to Lloyd J. Austin, III, Joseph R. Biden, Jr, Carlos Del Toro, United States Department of Defense. (Attachments: #1 Lloyd J. Austin, III, #2 United States Department of Defense, #3 Carlos Del Toro) (npk)
November 9, 2021 Filing 5 New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (npk)
November 9, 2021 Opinion or Order Filing 4 ORDER FOR REASSIGNMENT. The undersigned judge, having taken senior status, desires to have this case re-assigned to an active-status judge. The clerk of the Court is therefore DIRECTED to re-assign this case by random draw to another judge. Case reassigned to Judge Reed C. O'Connor for all further proceedings. Senior Judge Terry R Means no longer assigned to case. (Ordered by Senior Judge Terry R Means on 11/9/2021) (npk)
November 9, 2021 Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by U.S. Navy Divers 1-3, U.S. Navy Explosive Ordnance Disposal Technician1, U.S. Navy SEALs 1-26, U.S. Navy Special Warfare Combatant Craft Crewmen 1-5. (Berry, Michael)
November 9, 2021 Filing 2 Court Request for Recusal: Judge Mark Pittman recused. Pursuant to instruction in Special Order 3-249, the Clerk has reassigned the case to Senior Judge Terry R Means for all further proceedings. Future filings should indicate the case number as: 4:21-cv-1236-Y. (bdb)
November 9, 2021 Filing 1 COMPLAINT against All Defendants filed by U.S. Navy Special Warfare Combatant Craft Crewmen 1-5, U.S. Navy SEALs 1-26, U.S. Navy Explosive Ordnance Disposal Technician1, U.S. Navy Divers 1-3. (Filing fee $402; Receipt number 0539-12371016) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Exhibit(s) Exhibit 1, #2 Exhibit(s) Exhibit 2, #3 Exhibit(s) Exhibit 3, #4 Cover Sheet Cover Sheet) (Berry, Michael) Modified on 11/9/2021 (npk).

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Search for this case: US Navy SEALs 1-26 et al v Biden et al
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Plaintiff: US Navy SEALs 1-26
Represented By: Michael Dan Berry
Represented By: Andrew Bowman Stephens
Represented By: David Jonathan Hacker
Represented By: Heather Gebelin Hacker
Represented By: Hiram Stanley Sasser, III
Represented By: Jeffrey C Mateer
Represented By: Jordan E Pratt
Represented By: Justin Edward Butterfield
Represented By: Kelly J Shackelford
Represented By: Roger Lucian Byron
Represented By: Danielle A Runyan
Represented By: Holly Mischelle Randall
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Plaintiff: US Navy Special Warfare Combatant Craft Crewmen 1-5
Represented By: Michael Dan Berry
Represented By: Andrew Bowman Stephens
Represented By: David Jonathan Hacker
Represented By: Heather Gebelin Hacker
Represented By: Hiram Stanley Sasser, III
Represented By: Jeffrey C Mateer
Represented By: Jordan E Pratt
Represented By: Justin Edward Butterfield
Represented By: Kelly J Shackelford
Represented By: Roger Lucian Byron
Represented By: Danielle A Runyan
Represented By: Holly Mischelle Randall
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Plaintiff: US Navy Explosive Ordnance Disposal Technician 1
Represented By: Michael Dan Berry
Represented By: Andrew Bowman Stephens
Represented By: David Jonathan Hacker
Represented By: Heather Gebelin Hacker
Represented By: Hiram Stanley Sasser, III
Represented By: Jeffrey C Mateer
Represented By: Jordan E Pratt
Represented By: Justin Edward Butterfield
Represented By: Kelly J Shackelford
Represented By: Roger Lucian Byron
Represented By: Danielle A Runyan
Represented By: Holly Mischelle Randall
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Plaintiff: US Navy Divers 1-3
Represented By: Michael Dan Berry
Represented By: Andrew Bowman Stephens
Represented By: David Jonathan Hacker
Represented By: Heather Gebelin Hacker
Represented By: Hiram Stanley Sasser, III
Represented By: Jeffrey C Mateer
Represented By: Jordan E Pratt
Represented By: Justin Edward Butterfield
Represented By: Kelly J Shackelford
Represented By: Roger Lucian Byron
Represented By: Danielle A Runyan
Represented By: Holly Mischelle Randall
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Defendant: Joseph R. Biden, Jr.
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Defendant: Lloyd J. Austin, III
Represented By: Chad E Meacham-DOJ
Represented By: Amy Elizabeth Powell
Represented By: Andrew Evan Carmichael
Represented By: Courtney Danielle Enlow
Represented By: Stuart Justin Robinson
Represented By: Zachary Anthony Avallone
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Defendant: United States Department of Defense
Represented By: Chad E Meacham-DOJ
Represented By: Amy Elizabeth Powell
Represented By: Andrew Evan Carmichael
Represented By: Courtney Danielle Enlow
Represented By: Stuart Justin Robinson
Represented By: Zachary Anthony Avallone
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Defendant: Carlos Del Toro
Represented By: Chad E Meacham-DOJ
Represented By: Amy Elizabeth Powell
Represented By: Andrew Evan Carmichael
Represented By: Courtney Danielle Enlow
Represented By: Stuart Justin Robinson
Represented By: Zachary Anthony Avallone
Represented By: Daniel Luecke-DOJ
Represented By: Reginald Maurice Skinner
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Defendant: Joseph R Biden, Jr
Represented By: Chad E Meacham-DOJ
Represented By: Amy Elizabeth Powell
Represented By: Andrew Evan Carmichael
Represented By: Courtney Danielle Enlow
Represented By: Stuart Justin Robinson
Represented By: Zachary Anthony Avallone
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Defendant: Lloyd J Austin, III
Represented By: Chad E Meacham-DOJ
Represented By: Amy Elizabeth Powell
Represented By: Andrew Evan Carmichael
Represented By: Courtney Danielle Enlow
Represented By: Daniel Luecke-DOJ
Represented By: Reginald Maurice Skinner
Represented By: Stuart Justin Robinson
Represented By: Zachary Anthony Avallone
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Amicus curiae: America First Policy Institute
Represented By: James Stuart Baehr
Represented By: Jessica Elizabeth Hart Steinmann
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Amicus curiae: Foundation for Moral Law
Represented By: James J S Johnson
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Amicus curiae: Sen. Ted Cruz
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Sen. Rick Scott
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Sen. Mike Lee
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Sen. James M. Inhofe
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Sen. James Lankford
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Sen. Steve Daines
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Sen. Roger F. Wicker
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Sen. Mike Braun
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Sen. Roger Marshall
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Mike Johnson
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Rick Allen
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Brian Babin
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Jack Bergman
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Andy Biggs
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Dan Bishop
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Lauren Boebert
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Mo Brooks
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Kat Cammack
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Andrew Clyde
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Warren Davidson
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Rodney Davis
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Jeff Duncan
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Bob Gibbs
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Louie Gohmert
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Bob Good
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Paul Gosar
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Michael Guest
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Andy Harris, MD
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Vicky Hartzler
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Jody Hice
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Clay Higgins
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Darrell Issa
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Ronny L. Jackson
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Doug LaMalfa
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Doug Lamborn
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Billy Long
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Thomas Massie
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Brian Mast
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Mary Miller
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Gregory F. Murphy, MD
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Ralph Norman
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Scott Perry
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Matthew Rosendale, Sr.
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Chip Roy
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. W. Gregory Steube
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Randy Weber
Represented By: Thomas S Brandon, Jr
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Amicus curiae: Rep. Daniel Webster
Represented By: Thomas S Brandon, Jr
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Petitioner: Major Michael Webb
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