US Navy SEALs 1-26 et al v Biden et al
| 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 |
| 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 |
| Major Michael Webb, Kevin M Byrne, Caleb Alan Johnson and Jan Michael Caballero-Fernandez |
| 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 |
| 4:2021cv01236 |
| November 9, 2021 |
| U.S. District Court for the Northern District of Texas |
| Reed C O'Connor |
| Civil Rights: Other Civil Rights |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
This docket was last retrieved on April 4, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 240 NOTICE of supplemental authority filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense (Attachments: #1 Exhibit(s) 1) (Carmichael, Andrew) |
| Filing 239 Minute Entry for proceedings held before Magistrate Judge Jeffrey L. Cureton: Mediation held on 3/23/2023. Attorney Appearances: Plaintiffs - Heather Gebelin Hacker, Andrew B. Stephens, Michael D. Berry, Danielle A. Runyan, Holly M. Randall; Defendants - Andrew E. Carmichael, Liam C. Holland, Commander Eric Osterhues. Mediation conducted with the parties. Case did not settle. Parties are continuing to work towards settlement and will exchange various proposals. (Court Reporter: Not Recorded) (No exhibits) Time in Court - 2 hours. (fba) |
| Filing 238 NOTICE of Attorney Appearance by Liam Holland on behalf of Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense. (Filer confirms contact info in ECF is current.) (Holland, Liam) |
| Filing 237 NOTICE of Supplemental Authority filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense (Powell, Amy) |
| Filing 236 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 #235 Sur-reply in Opposition to Defendants' Motion to Dismiss for Lack of Jurisdiction (Hacker, Heather) |
| Filing 235 Sur-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: #221 MOTION to Dismiss for Lack of Jurisdiction (Hacker, Heather) |
Filing 234
ORDER: Upon consideration of the parties' Joint Motion to Temporarily Stay Proceedings, or in the Alternative, for a 30-day Extension of Deadlines (ECF No. #232 ), filed March 6, 2023, it is, therefore, ORDERED that: The Joint Motion is GRANTED; All remaining deadlines (other than the mediation deadline) set forth in the Amended Scheduling Order, ECF No. #220 are stayed pending resolution of the mootness briefing separately ordered. (Ordered by Judge Reed C. O'Connor on 3/7/2023) (fba)
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| Filing 233 NOTICE of Additional Implementation Guidance filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense (Attachments: #1 Exhibit(s) 1 - NAVADMIN 065/23) (Powell, Amy) |
| Filing 232 Joint MOTION to Stay Proceedings, or in the Alternative, to Extend Deadlines filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Powell, Amy) |
Filing 231
ORDER: Plaintiffs' sur-reply, set to be filed on or before March 8, 2023, SHALL address this latest development in addition to all other relevant issues. re: #221 MOTION to Dismiss for Lack of Jurisdiction , #230 Notice (Other), #224 Response/Objection, #226 Reply. (Ordered by Judge Reed C. O'Connor on 3/1/2023) (fba)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:231. Wed Mar 1 15:08:34 CST 2023 (crt) |
| Filing 230 NOTICE of Additional Guidance for Implementation of the DoD Rescission of the COVID-19 Vaccine Requirement filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense (Attachments: #1 Exhibit(s) 1 - DoD Guidance, #2 Exhibit(s) 2 - DoN Guidance) (Powell, Amy) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:229. Mon Feb 27 16:48:53 CST 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:226. Mon Feb 27 16:43:29 CST 2023 (crt) |
Filing 229
ORDER SETTING DATE FOR MEDIATION: It is ORDERED that a mediation is set for Thursday, March 23, 2023, beginning at 9:30 a.m., at which time, counsel and the parties should report to the Eldon B. Mahon United States Courthouse, 501 West 10th Street, Fort Worth, Texas, Courtroom No. 508. Each party and its counsel shall be bound by the Rules for Mediation, attached as Exhibit A hereto. It is further ORDERED that each party shall submit to the chambers of the undersigned a completed Confidential Mediation Information Sheet, a copy which is attached at Exhibit B to this order, no later than 12:00 noon on Tuesday, March 21, 2023. (Ordered by Magistrate Judge Jeffrey L. Cureton on 2/23/2023) (fba)
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Filing 228
ORDER: On February 6, 2023, Defendants filed their Assertion of Mootness (ECF No. #221 ). Plaintiffs filed their Response (ECF No. #224 ) on February 13, 2023, and Defendants filed their Reply (ECF No. #226 ) on February 21, 2023. In their Reply, Defendants argue that the Navys newly updated standard operating guidance, issued on February 15, 2023, further reinforces their position that all of Plaintiffs claims are moot. Since Defendants position is based on new facts, Plaintiffs should have an opportunity to respond. Plaintiffs SHALL file a sur-reply addressing Defendants new arguments no later than March 8, 2023. (Ordered by Judge Reed C. O'Connor on 2/22/2023) (fba)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:228. Wed Feb 22 16:22:15 CST 2023 (crt) |
| Filing 227 Appendix in Support filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense re #226 Reply (Powell, Amy) |
| Filing 226 REPLY filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense re: #221 MOTION to Dismiss for Lack of Jurisdiction (Powell, Amy) |
| Filing 225 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 #224 Response/Objection, (Hacker, Heather) |
| Filing 224 RESPONSE AND OBJECTION 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: #221 MOTION to Dismiss for Lack of Jurisdiction (Hacker, Heather) |
| Filing 223 Appendix in Support filed by Lloyd J Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re #221 MOTION to Dismiss for Lack of Jurisdiction , #222 Brief/Memorandum in Support of Motion (Carmichael, Andrew) |
| Filing 222 Brief/Memorandum in Support filed by Lloyd J Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re #221 MOTION to Dismiss for Lack of Jurisdiction (Carmichael, Andrew) |
| Filing 221 MOTION to Dismiss for Lack of Jurisdiction filed by Lloyd J Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense (Attachments: #1 Proposed Order) (Carmichael, Andrew) |
Filing 220
ORDER & AMENDED SCHEDULING ORDER: The Unopposed Motion to Modify the Scheduling Order (ECF No. #217 ) is hereby GRANTED in part and DENIED in part. The trial date will remain unchanged, but the Court finds good cause to AMEND the May 24, 2022 Scheduling Order (ECF No. #158 ) as follows: Discovery due by 4/21/2023. Plaintiffs also request the Court to appoint a mediator for this dispute. United States Magistrate Judge Cureton is hereby APPOINTED to mediate this case. The Parties shall contact him directly to arrange for mediation on, or before, March 31, 2023. Motions due by 4/28/2023. Pretrial Materials due by 5/25/2023. (See order for further specifics). The government SHALL file their assertion of mootness no later than February 6, 2023. Plaintiffs SHALL have seven (7) days to file their response, and the government SHALL file its reply seven (7) days thereafter. (Ordered by Judge Reed C. O'Connor on 1/30/2023) (fba)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:220. Mon Jan 30 17:38:51 CST 2023 (crt) |
| Filing 219 NOTICE of Filing in Court of Appeals re: #213 Order, filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense (Attachments: #1 Exhibit(s) Defendants' Brief Filed in Court of Appeals) (Avallone, Zachary) |
| Filing 218 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 #213 Order, Supplemental Letter Brief re: Mootness filed in the Fifth Circuit. (Hacker, Heather) |
| Filing 217 Unopposed MOTION to Amend/Correct #158 Scheduling 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 (Attachments: #1 Proposed Order) (Hacker, David) |
| Filing 216 ***DISREGARD - attorney to refile *** Proposal for contents of scheduling and discovery order 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, David) Modified on 1/27/2023 (mmw). |
| Filing 215 NOTICE of Letter to Court re: updated deadline re: #213 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) |
| Filing 214 NOTICE of Rescission of DoD COVID-19 Vaccination Requirement filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense (Attachments: #1 Exhibit(s) A) (Carmichael, Andrew) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:213. Thu Jan 5 12:18:20 CST 2023 (crt) |
Filing 213
ORDER: The Fifth Circuit has ordered the parties to provide supplemental briefing on the issue of mootness. See ECF No. #212 . Taking note of the same developments, this Court directs the parties to file those briefs in this case on the same timeline as set by the Circuit. (Ordered by Judge Reed C. O'Connor on 1/4/2023) (fba)
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| Filing 212 Received letter from United States Court of Appeals 5th Circuit No. 22-10077.The parties are directed to submit supplemental letter briefs by January 13, 2023 addressing the issue of mootness.Please use the event code appellants/appellees supplemental brief filed when electronically filing your letter brief. (tle) |
| Filing 211 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: #210 Notice (Other), (Runyan, Danielle) |
| Filing 210 NOTICE of Supplemental Factual Developments re: #191 First MOTION to Compel , #203 MOTION to Compel Plaintiffs to Answer Defendants' Requests for Admissions filed by Lloyd J Austin, III, United States Department of Defense (Attachments: #1 Exhibit(s) 1 - Dec. 5 2022 Ltr. from H. Hacker) (Avallone, Zachary) |
| Filing 209 REPLY filed by Lloyd J Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re: #203 MOTION to Compel Plaintiffs to Answer Defendants' Requests for Admissions (Lowenstein, Jody) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:208. Fri Nov 18 13:37:09 CST 2022 (crt) |
Filing 208
ORDER: #201 Application to Proceed in District Court Without Prepaying Fees or Costs is DENIED. (Ordered by Judge Reed C. O'Connor on 11/17/2022) (fba)
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| Filing 207 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 #206 Response/Objection, (Runyan, Danielle) |
| Filing 206 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: #203 MOTION to Compel Plaintiffs to Answer Defendants' Requests for Admissions (Runyan, Danielle) |
| Filing 205 Appendix in Support filed by Lloyd J Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re #203 MOTION to Compel Plaintiffs to Answer Defendants' Requests for Admissions (Lowenstein, Jody) |
| Filing 204 Brief/Memorandum in Support filed by Lloyd J Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re #203 MOTION to Compel Plaintiffs to Answer Defendants' Requests for Admissions (Lowenstein, Jody) |
| Filing 203 MOTION to Compel Plaintiffs to Answer Defendants' Requests for Admissions filed by Lloyd J Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense (Attachments: #1 Proposed Order) (Lowenstein, Jody) |
| Filing 202 NOTICE of Attorney Appearance by Jody Dale Lowenstein 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.) (Lowenstein, Jody) |
| APPEARANCE FORM FILED at USCA5 by Attorney(s) Matthew James Clark for party(s) Amicus Curiae William G. Jerry Boykin, in case [22-10077, 22-10534]Access to the EROA has been granted. (tle) |
| Filing 201 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS and Order from the Eastern District of Virginia filed by Michael Webb. (fba) |
| Filing 200 Appendix in Support filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense re #191 First MOTION to Compel filed with Reply (Powell, Amy) |
| Filing 199 REPLY filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense re: #191 First MOTION to Compel (Powell, Amy) |
| Filing 198 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: #191 First MOTION to Compel (Runyan, Danielle) |
Filing 197
ORDER of USCA No. 22-10597 as to #183 Notice of Appeal, filed by Michael Webb. Under 5TH CIR. R. 42.3, the appeal is dismissed as of September 1, 2022, for want of prosecution. The appellant failed to timely pay the filing fee. (Attachments: #1 USCA Cover Letter) (tle)
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| Supplemental Record on Appeal for USCA5 22-10077 (related to #183 , #82 , #159 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified, Sealed or ex parte electronic document number(s): 188 (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) |
| APPEARANCE FORM FILED at USCA5 by Attorney Deborah Jane Dewart for Amicus Curiae Liberty, Life, and Law Foundation in 22-10077 [22-10077. Access to the EROA has been granted. (tle) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:194. Wed Aug 24 15:51:22 CDT 2022 (crt) |
Filing 196
ORDER of USCA No. 22-10077 consolidated with No. 22-10534 as to #183 Notice of Appeal, filed by Michael Webb, #82 Notice of Appeal, filed by United States Department of Defense, Joseph R Biden, Jr, Carlos Del Toro, Lloyd J Austin, III, #159 Notice of Appeal, filed by United States Department of Defense, Carlos Del Toro, Lloyd J Austin, III. (Attachments: #1 Motion filed at USCA5 pages 1-325) (tle) (Additional attachment(s) added on 8/22/2022: #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s), #6 Additional Page(s)) (tle). Modified on 8/22/2022 (tle).
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| Filing 195 Received letter from United States Court of Appeals Fifth Circuit No. 22-10077. The court has granted the motion to supplement or correct the record in this case. The originating court is requested to add the attached motion and documents to their courts docket and to provide us with a supplemental electronic record. Counsel is reminded that any citations to these documents must cite to the supplemental electronic record. (tle) |
Filing 194
ORDER: The Court ORDERS Plaintiffs to file a response to Defendants' #191 motion no later than September 2, 2022. Defendant's reply must be submitted to the Court no later than September 9, 2022. (Ordered by Judge Reed C. O'Connor on 8/19/2022) (bdb)
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| Filing 193 Appendix in Support filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense re #191 First MOTION to Compel (Powell, Amy) |
| Filing 192 Brief/Memorandum in Support filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense re #191 First MOTION to Compel (Powell, Amy) |
| Filing 191 First MOTION to Compel filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense (Attachments: #1 Proposed Order) (Powell, Amy) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:190. Wed Jul 13 13:39:35 CDT 2022 (crt) |
Filing 190
ORDER REGARDING MOTION TO PROCEEDIN FORMA PAUPERIS ON APPEAL...Before the Court is Michael Webbs motion for leave to proceed in forma pauperis on appeal (ECF No. 188 ) and, upon review, the Court finds and orders as follows: The motion for leave to proceed in forma pauperis on appeal, filed pursuant to 28 U.S.C. ' 1915, is DENIED. (Ordered by Judge Reed C. O'Connor on 7/12/2022) (wxc)
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| Filing 189 Received letter from United States Court of Appeals Fifth Circuit. Enclosed please find pro ses motion for leave to proceed in forma pauperis which was sent to this court. Please notify us when you have acted on the motion. (tle) |
Filing 187
FED. R. EVID. 502(D) ORDER: See order for additional details. (Ordered by Judge Reed C. O'Connor on 7/8/2022) (sre)
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Filing 186
UNIFORM PROTECTIVE ORDER: See order for additional details. (Ordered by Judge Reed C. O'Connor on 7/8/2022) (sre)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:186,187. Fri Jul 8 16:03:31 CDT 2022 (crt) |
| Filing 185 Joint MOTION for Protective Order and 502(d) Order filed by Lloyd J Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense with Brief/Memorandum in Support. (Carmichael, Andrew) |
| Filing 184 USCA Case Number 22-10597 in United States Court of Appeals Fifth Circuit for #183 Notice of Appeal, filed by Michael Webb. (tle) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:181,182. Tue Jun 14 15:41:24 CDT 2022 (crt) |
| Filing 183 NOTICE OF INTERLOCUTORY APPEAL as to #157 Order on Motion to Intervene, Order on Motion for Leave to Proceed in Forma Pauperis to the Fifth Circuit by Michael Webb. 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. (Attachments: #1 Envelope) (tle) |
Filing 182
ORDER granting #162 ; #163 ; #180 ...the Court GRANTS the Motions (ECF Nos. #162 , #163 , #180 ) because the three movants no longer fit within the class definition. Though at least two of the servicemembers are not currently eligible for voluntary separation due to outstanding service obligations, Defs. Resp. 6, ECF No. 175, they may pursue involuntary administrative separation under honorable conditions. See NAVADMIN 256/21, part 2.a. Future servicemembers like movants may pursue separation without permission from the Court, because under the existing class certification language, those who choose to get vaccinated, withdraw their religious accommodation requests, voluntarily separate, or proceed with retirement plans are no longer class members. Order 15, ECF No. #140 . (Ordered by Judge Reed C. O'Connor on 6/13/2022) (wxc)
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Filing 181
ORDER: The Court finds as MOOT Plaintiffs Motion for Order to Show Cause #95 , filed January 31, 2022, and the accompanying Motion for Hearing #112 , filed February 9, 2022. The Court has since resolved the pending matters that prompted these Motions. (Ordered by Judge Reed C. O'Connor on 6/13/2022) (jgg)
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| Filing 180 MOTION for release from class action filed by Jan Michael Caballero-Fernandez. (bdb) |
| APPEARANCE FORM FILED at USCA5 by Attorney(s) Sarah Jane Clark for party(s) Appellant Lloyd Austin, Secretary, U.S. Department of Defense Appellant Joseph R. Biden Jr. Appellant United States Department of Defense Appellant Carlos Del Toro, in case 22-10077 Attorney(s) Sarah Jane Clark for party(s) Appellant Lloyd Austin, Secretary, U.S. Department of Defense Appellant Joseph R. Biden Jr. Appellant United States Department of Defense Appellant Carlos Del Toro, in case [22-10077, 22-10534]. Access to the EROA has been granted. (tle) |
| APPEARANCE FORM FILED at USCA5 by Attorney(s) Casen Ross for party(s) Appellant Lloyd Austin, Secretary, U.S. Department of Defense Appellant Joseph R. Biden Jr. Appellant United States Department of Defense Appellant Carlos Del Toro, in case 22-10534 Access to the EROA has been granted. (tle) |
Filing 179
ORDER: The opportunity has passed for SEAL 1 and SEAL 10 to participate in this Alaska training, and the Court determines that the Emergency #169 Motion is MOOT. (Ordered by Judge Reed C. O'Connor on 6/8/2022) (bdb)
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| Filing 178 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 #177 Response/Objection (Hacker, Heather) |
| Filing 177 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: #163 MOTION, #162 MOTION for release from class action (Hacker, Heather) |
| Filing 176 Appendix in Support filed by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re #175 Response/Objection (Carmichael, Andrew) |
| Filing 175 RESPONSE filed by Lloyd J. Austin, III, Joseph R Biden, Jr, Carlos Del Toro, United States Department of Defense re: #163 MOTION, #162 MOTION for release from class action (Carmichael, Andrew) |
| Filing 174 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 #173 Reply, (Hacker, Heather) |
| Filing 173 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: #169 MOTION for Emergency Order Requiring Compliance with Preliminary Injunction (Hacker, Heather) |
| Record on Appeal for USCA5 22-10534 (related to #159 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) |
| Filing 172 Appendix in Support filed by Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense re #171 Response/Objection (Powell, Amy) |
| Filing 171 RESPONSE filed by Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense re: #169 MOTION for Emergency Order Requiring Compliance with Preliminary Injunction (Powell, Amy) |
Filing 170
ELECTRONIC ORDER: Before the Court is Plaintiffs' Emergency Motion (ECF No. 169), filed at 6:58 p.m. on Friday, June 3, 2022. The Court ORDERS Defendants to respond to the Motion no later than 5:00 p.m. on Monday, June 6, 2022. (Ordered by Judge Reed C. O'Connor on 6/3/2022) (chmb)
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| Filing 169 MOTION for Emergency Order Requiring Compliance with 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) (Stephens, Andrew) |
| Filing 168 ANSWER to #84 Amended Complaint,,, filed by Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense. 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. 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. (Powell, Amy) |
Filing 167
ORDER: The Court DENIES the #166 Motion for Reconsideration. (Ordered by Judge Reed C. O'Connor on 6/2/2022) (bdb)
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| Filing 166 MOTION for Reconsideration and Reply to Defendant's Opposition to Request for Leave to Intervene filed by Michael Webb. (bdb) |
| Filing 165 USCA Case Number 22-10534 in United States Court of Appeals Fifth Circuit for #159 Notice of Appeal, filed by United States Department of Defense, Carlos Del Toro, Lloyd J. Austin, III. (tle) |
Filing 164
ORDER: The Court ORDERS both Plaintiffs and Defendants to respond to the movants' claims #162 , #163 no later than June 8, 2022. (Ordered by Judge Reed C. O'Connor on 5/31/2022) (bdb)
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| Filing 163 MOTION/Request for release from class action filed by Caleb Alan Johnson. (npk) Modified event on 5/31/2022 (npk). |
| Filing 162 MOTION/Request for release from class action filed by Kevin M Byrne (npk) |
Filing 161
ORDER granting #160 Unopposed Motion for Extension to File an Answer to the Amended Complaint re #84 Amended Complaint. Lloyd J Austin, III answer due 6/3/2022; United States Department of Defense answer due 6/3/2022. (Ordered by Judge Reed C. O'Connor on 5/27/2022) (npk)
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| Filing 160 Unopposed Motion for Extension of Time to File Answer filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Powell, Amy) |
| Filing 159 NOTICE OF INTERLOCUTORY APPEAL as to #140 Order on Motion to Certify Class, Order on Motion for Injunction to the Fifth Circuit by Lloyd J Austin, III, 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. (Powell, Amy) |
Filing 158
SCHEDULING ORDER: Joinder of Parties due by 8/1/2022. Amended Pleadings due by 8/1/2022. Motions due by 4/28/2023. Deadline for mediation is on or before 2/5/2023. Discovery due by 3/31/2023. Pretrial Order due by 5/25/2023. Bench Trial set for 6/19/2023 08:30 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 5/24/2022) (jgg)
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Filing 157
ORDER denying #143 Motion to Intervene; denying #145 Motion for Leave to Proceed In Forma Pauperis. (Ordered by Judge Reed C. O'Connor on 5/23/2022) (npk)
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| Filing 156 RESPONSE filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense re: #143 MOTION to Intervene (Powell, Amy) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:157. Mon May 23 14:25:52 CDT 2022 (crt) |
| Filing 155 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) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:154. Thu May 12 09:33:22 CDT 2022 (crt) |
Filing 154
ORDER re: #146 Emergency Motion for Protective Order: In an attempt to accommodate the demands on the VCNO's schedule, as well as Plaintiffs'counsel's vacation dates, the Court ORDERS that the deposition take place on a mutually convenient date between June 30, 2022 and July 8, 2022, in or near Washington, D.C. (Ordered by Judge Reed C. O'Connor on 5/11/2022) (bdb)
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| Filing 153 REPLY filed by Lloyd J Austin, III, Carlos Del Toro, United States Department of Defense re: #146 Emergency MOTION for Protective Order (Powell, Amy) |
| Filing 152 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: #146 Emergency MOTION for Protective Order (Stephens, Andrew) |
| Filing 151 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: #143 MOTION to Intervene (Stephens, Andrew) |
Filing 150
ORDER denying #106 Motion to Dismiss. (Ordered by Judge Reed C. O'Connor on 5/7/2022) (chmb)
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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)
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| 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) |
| 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) |
| 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) |
| Filing 145 MOTION for Leave to Proceed in forma pauperis filed by Michael Webb (npk) |
| Filing 144 LOCAL RULE 83.l(M) CERTIFICATION re: #143 MOTION to Intervene filed by Michael Webb (npk) |
| Filing 143 MOTION for Leave to Intervene filed by Michael Webb (npk) |
| 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) |
| 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) |
| 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). |
| 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) |
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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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)
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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)
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| SEALED EROA transmitted to Lowell V Sturgill Jr.,USDOJ, per Order of U.S. Court of Appeals Fifth Circuit. [22-10077] (tle) |
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)
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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)
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| SEALED EROA transmitted to Heather G Hacker per Order of U.S. Court of Appeals Fifth Circuit. [22-10077] (tle) |
| 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) |
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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| USCA5 Notification in case 22-10077. (tle) Modified text on 2/15/2022 (tle). Modified on 2/15/2022 (tle). |
| 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) |
| 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) |
Filing 116
ORDER denying #85 Motion to Stay (Ordered by Judge Reed C. O'Connor on 2/13/2022) (chmb)
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| 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) |
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)
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| 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) |
| 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) |
| 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) |
| 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) |
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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 103 Appendix in Support filed by Lloyd J. Austin, III, Carlos Del Toro, United States Department of Defense re #102 Reply (Carmichael, Andrew) |
| 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) |
| 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). |
| 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) |
| 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) |
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)
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| 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) |
| 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) |
| 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) |
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)
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| Filing 93 Unopposed MOTION to Withdraw as Attorney filed by Lloyd J. Austin, III, Carlos Del Toro (Attachments: #1 Proposed Order) (Luecke-DOJ, Daniel) |
| 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) |
| Filing 91 Unopposed MOTION to Withdraw as Attorney filed by Lloyd J. Austin, III, Carlos Del Toro (Attachments: #1 Proposed Order) (Skinner, Reginald) |
| 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) |
| 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) |
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)
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| 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) |
| 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) |
| 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) |
| 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). |
| 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) |
| 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) |
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)
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| 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) |
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).
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| 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) |
| Answer due from Lloyd J. Austin, III on 2/1/2022; Carlos Del Toro on 2/1/2022. (npk) |
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)
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| 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) |
| 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) |
| 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) |
| 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) |
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).
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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)
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| Filing 70 MOTION for Consolidated Response Deadline filed by Lloyd J. Austin, III, Carlos Del Toro (Attachments: #1 Proposed Order) (Luecke-DOJ, Daniel) |
| Filing 69 MOTION to File Excess Pages (Unopposed) filed by Lloyd J. Austin, III, Carlos Del Toro (Attachments: #1 Proposed Order) (Luecke-DOJ, Daniel) |
| 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) |
| 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) |
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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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)
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| 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) |
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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 49 Amicus Brief in support of Plaintiffs filed by Foundation for Moral Law. (twd) |
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)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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)
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| 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) |
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)
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| 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) |
| 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) |
Filing 34
PROTECTIVE ORDER re: #26 Motion for Protective Order. (Ordered by Judge Reed C. O'Connor on 12/2/2021) (bdb)
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| Filing 33 SUMMONS Returned Executed as to Joseph R. Biden, Jr. (Berry, Michael) Modified to correct text on 12/2/2021 (wxc). |
| 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) |
| 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) |
| 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) |
| 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) |
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)
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| 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) |
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)
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| 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) |
| 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) |
| Filing 22 SUMMONS Returned Executed as to United States Department of Defense; served on 11/17/2021. (Berry, Michael) |
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)
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| 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) |
| 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) |
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)
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| 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) |
| 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) |
| 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) |
| 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) |
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)
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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)
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| Filing 12 BRIEF Amicus Curiae by America First Policy Institute. (bdb) |
| 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) |
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)
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| 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) |
| 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) |
| 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) |
| 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) |
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)
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| 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) |
| 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) |
| 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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