Jackson et al v. Mayorkas et al
| Eric Jackson, Alaric Stone and Michael Marcenelle |
| Alejandro N. Mayorkas, Lloyd J Austin, III, Linda Fagan and Brian Penoyer |
| 4:2022cv00825 |
| September 16, 2022 |
| US District Court for the Northern District of Texas |
| Mark Pittman |
| Civil Rights: Other Civil Rights |
| 28 U.S.C. § 1331 Federal Question: Other Civil Rights |
| None |
Docket Report
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This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.
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Filing 46
ORDER granting #45 Motion for Extension of Time to Respond to the Complaint. It is ORDERED that Defendants shall respond to the complaint within 21 days after the Court issues an order on Plaintiffs' motions for class certification and for a preliminary injunction. (Ordered by Judge Mark Pittman on 11/8/2022) (tjc)
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Filing 45
Unopposed Motion for Extension of Time to File Answer or Otherwise Respond to the Complaint filed by Lloyd J Austin, III, Linda Fagan, Alejandro N. Mayorkas, Brian Penoyer with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Walker, Johnny)
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Filing 44
Second STATUS REPORT Regarding Agreements with Coast Guard filed by Eric Jackson, Michael Marcenelle, Alaric Stone. (Hochschild, Adam)
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Filing 43
SUMMONS Returned Executed as to Brian Penoyer ; US Attorney General served on 9/26/2022. (Hodes, Mary) Modified on 11/2/2022 (sre).
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Filing 42
SUMMONS Returned Executed at to Lloyd J. Austin; served on 9/27/2022. (Hodes, Mary) Modified on 11/2/2022 (sre).
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Filing 41
ELECTRONIC ORDER granting #40 Application for Admission Pro Hac Vice of Paul Michael Joanna. 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 Mark Pittman on 10/24/2022) (chmb)(tjp)
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Filing 40
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13235403) filed by Eric Jackson, Michael Marcenelle, Alaric Stone (Jonna, Paul)
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Filing 39
Appendix in Support filed by Eric Jackson, Michael Marcenelle, Alaric Stone re #4 MOTION to Certify Class MOTION to Appoint Counsel MOTION for Temporary Restraining Order MOTION for Injunction , #38 Reply (McHale, Michael)
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Filing 38
REPLY filed by Eric Jackson, Michael Marcenelle, Alaric Stone re: #4 MOTION to Certify Class MOTION to Appoint Counsel MOTION for Temporary Restraining Order MOTION for Injunction (McHale, Michael)
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Filing 37
Plaintiff's Brief Opposing Transfer filed by Eric Jackson, Michael Marcenelle, Alaric Stone re #26 Order Setting Deadline/Hearing (jgg)
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Filing 36
ORDER Upon consideration of Plaintiffs unopposed motion for leave to file a corrected Brief Opposing Transfer #34 , it is hereby ORDERED that the motion for leave is GRANTED. The corrected brief attached to Plaintiffs motion for leave is deemed filed as of the date of this Order, and the clerk will file a copy of the corrected brief. (Ordered by Judge Mark Pittman on 10/11/2022) (jgg)
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Filing 35
Unopposed MOTION for Leave to File Excess Pages filed by Eric Jackson, Michael Marcenelle, Alaric Stone (Attachments: #1 Proposed Order) (Hochschild, Adam)
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Filing 34
Unopposed MOTION for Leave to File Corrected Brief Opposing Transfer filed by Eric Jackson, Michael Marcenelle, Alaric Stone (Attachments: #1 Corrected Brief Opposing Transfer, #2 Proposed Order) (Hochschild, Adam)
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Filing 33
RESPONSE filed by Eric Jackson, Michael Marcenelle, Alaric Stone re: #26 Order Setting Deadline/Hearing,,, (Attachments: #1 Declaration(s) of Eric Jackson, #2 Declaration(s) of Alaric Stone, #3 Declaration(s) of Michael Marcenelle) (Hochschild, Adam)
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Filing 32
RESPONSE filed by Lloyd J Austin, III, Linda Fagan, Alejandro N. Mayorkas, Brian Penoyer re: #26 Order Setting Deadline/Hearing,,, (Knapp, Cody)
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Filing 31
Appendix in Support filed by Lloyd J Austin, III, Linda Fagan, Alejandro N. Mayorkas, Brian Penoyer re #30 Response/Objection, (Walker, Johnny)
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Filing 30
RESPONSE filed by Lloyd J Austin, III, Linda Fagan, Alejandro N. Mayorkas, Brian Penoyer re: #4 MOTION to Certify Class MOTION to Appoint Counsel MOTION for Temporary Restraining Order MOTION for Injunction (Walker, Johnny)
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Filing 29
ORDER: Upon consideration of Defendants' unopposed motion for leave to file excess pages, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Defendants' combined response to Plaintiffs' motion to certify a class and for a class-wide preliminary injunction (ECF No. 5), may exceed 25 pages but must not exceed 45 pages. (Ordered by Judge Mark Pittman on 10/7/2022). (fba)
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Filing 28
Unopposed MOTION for Leave to File Excess Pages filed by Lloyd J Austin, III, Linda Fagan, Alejandro N. Mayorkas, Brian Penoyer with Brief/Memorandum in Support. (Walker, Johnny)
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Filing 27
SUMMONS Returned Executed as to Lloyd J. Austin, on 9/27/2022; Linda Fagan on 9/27/2022; Alejandro N. Mayorkas on 9/27/2022; Brian Penoyer on 9/27/2022; . (Hodes, Mary) Modified on 10/6/2022 (sre).
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Filing 26
ORDER: In this case, Plaintiffs filed a Motion for Preliminary Injunction to enjoin the enforcement of the Coast Guard's COVID-19 vaccination policies. See ECF No. #1 . The Court has since learned of at least two other undecided cases filed before this case, in which members of the Coast Guard have filed suit, seeking the same injunction against the same Defendants as in this case. See Bazzrea v. Mayorkas, No. 3:22-cv-265 (S.D. Tex. filed on July 25, 2022); Pilot v. Austin, No. 8:22-cv-1278-SDMTGW (M.D. Fla. filed on Oct. 15, 2021). Because these cases are substantially similar to this case, the Court ORDERS both Plaintiffs and Defendants to file responses on whether the Court should transfer the case under 28 U.S.C. 1404(a) on or before October 10, 2022. (Ordered by Judge Mark Pittman on 10/3/2022) (tjc)
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Filing 25
STATUS REPORT filed by Eric Jackson, Michael Marcenelle, Alaric Stone. (Hochschild, Adam)
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Civil Case Terminated. (tjc)
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Filing 24
ORDER: Having reviewed the Parties Joint Report (ECF No. #17 ), the Court ORDERS that Defendants' Opposition to Plaintiffs' Motions for Class Certification, Appointment of Class Counsel, and Preliminary Injunction shall be filed on or before October 7, 2022, and Plaintiffs' Reply to Defendants Opposition shall be filed on or before October 14, 2022. (Ordered by Judge Mark Pittman on 9/29/2022) (tjc)
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Filing 23
ELECTRONIC ORDER granting #16 Application for Admission Pro Hac Vice of Nathan Loyd. 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 Mark Pittman on 9/29/2022) (chmb) (tjp)
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Filing 22
ELECTRONIC ORDER granting #14 Application for Admission Pro Hac Vice of Michael McHale. 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 Mark Pittman on 9/29/2022) (chmb) (tjp)
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Filing 21
ELECTRONIC ORDER granting #13 Application for Admission Pro Hac Vice of Stephen M Crampton. 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 Mark Pittman on 9/29/2022) (chmb) (tjp)
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Filing 20
ELECTRONIC ORDER granting #12 Application for Admission Pro Hac Vice of Mary Catherine Hodes. 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 Mark Pittman on 9/29/2022) (chmb) (tjp)
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Filing 19
ELECTRONIC ORDER granting #10 Application for Admission Pro Hac Vice of Adam S. Hochschild. 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 Mark Pittman on 9/29/2022) (chmb) (tjp)
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Filing 18
NOTICE of Attorney Appearance by Cody Taylor Knapp on behalf of Lloyd J Austin, III, Linda Fagan, Alejandro N. Mayorkas, Brian Penoyer. (Filer confirms contact info in ECF is current.) (Knapp, Cody)
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Filing 17
Joint STATUS REPORT per September 19, 2022 Order filed by Eric Jackson, Michael Marcenelle, Alaric Stone. (Fillmore, Charles)
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Filing 16
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13168988) filed by Eric Jackson, Michael Marcenelle, Alaric Stone (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney Nathan Loyd added to party Eric Jackson(pty:pla), Attorney Nathan Loyd added to party Michael Marcenelle(pty:pla), Attorney Nathan Loyd added to party Alaric Stone(pty:pla) (Loyd, Nathan)
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Filing 15
NOTICE of Attorney Appearance by Johnny Hillary Walker, III on behalf of Lloyd J Austin, III, Linda Fagan, Alejandro N. Mayorkas, Brian Penoyer. (Filer confirms contact info in ECF is current.) (Walker, Johnny)
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Filing 14
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13165852) filed by Eric Jackson, Michael Marcenelle, Alaric Stone (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney Michael McHale added to party Eric Jackson(pty:pla), Attorney Michael McHale added to party Michael Marcenelle(pty:pla), Attorney Michael McHale added to party Alaric Stone(pty:pla) (McHale, Michael)
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Filing 13
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13162824) filed by Eric Jackson, Michael Marcenelle, Alaric Stone (Attachments: #1 Proposed Order, #2 Exhibit(s) Certif. of Good Standing)Attorney Stephen M Crampton added to party Eric Jackson(pty:pla), Attorney Stephen M Crampton added to party Michael Marcenelle(pty:pla), Attorney Stephen M Crampton added to party Alaric Stone(pty:pla) (Crampton, Stephen)
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Filing 12
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13160832) filed by Eric Jackson, Michael Marcenelle, Alaric Stone (Attachments: #1 Exhibit(s) Hodes Certificate of Good Standing, #2 Proposed Order)Attorney Mary Catherine Hodes added to party Eric Jackson(pty:pla), Attorney Mary Catherine Hodes added to party Michael Marcenelle(pty:pla), Attorney Mary Catherine Hodes added to party Alaric Stone(pty:pla) (Hodes, Mary)
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Filing 11
ORDER: Before the Court is #4 Plaintiffs' Motions for Class Certification, Appointment of Class Counsel, a Temporary Restraining Order, and a Preliminary Injunction. Having considered Plaintiffs' Motionfor Temporary Restraining Order ("Motion"), relevant docket entries, applicable law, and arguments, the Court finds that Plaintiffs have not shown themselves to be entitled to the relief they request. The Court thus DENIES the Motion without prejudice. The Court further ORDERS that by September 23, 2022, the Parties shall prepare and submit a Joint Report. (Ordered by Judge Mark Pittman on 9/19/2022) (tjc)
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Filing 10
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-13155687) filed by Eric Jackson, Michael Marcenelle, Alaric Stone (Attachments: #1 Certificate of Good Standing, #2 Proposed Order)Attorney Adam Hochschild added to party Eric Jackson(pty:pla), Attorney Adam Hochschild added to party Michael Marcenelle(pty:pla), Attorney Adam Hochschild added to party Alaric Stone(pty:pla) (Hochschild, Adam)
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Filing 9
Summons issued as to Lloyd J Austin, III, Linda Fagan, Alejandro N. Mayorkas, Brian Penoyer, U.S. Attorney, and U.S. Attorney General. (tjc)
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Filing 8
New Case Notes: A filing fee has been paid. File to: Judge Pittman. 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. (tjc)
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Filing 7
NOTICE of Certificate of Notice re: #5 Brief/Memorandum in Support of Motion,,,,,,,,,, #3 Cert. Of Interested Persons/Disclosure Statement, #2 Notice (Other), #4 MOTION to Certify Class MOTION to Appoint Counsel MOTION for Temporary Restraining Order MOTION for Injunction , #1 Complaint,,,,, #6 Appendix in Support, filed by Eric Jackson, Michael Marcenelle, Alaric Stone (Fillmore, Charles)
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Filing 6
Appendix in Support filed by Eric Jackson, Michael Marcenelle, Alaric Stone re #5 Brief/Memorandum in Support of Motion,,,,,,,,,, #4 MOTION to Certify Class MOTION to Appoint Counsel MOTION for Temporary Restraining Order MOTION for Injunction , #1 Complaint,,,,, (Attachments: #1 Appendix Part 2, #2 Appendix Part 3, #3 Appendix Part 4) (Fillmore, Charles)
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Filing 5
Brief/Memorandum in Support filed by Eric Jackson, Michael Marcenelle, Alaric Stone re #4 MOTION to Certify Class MOTION to Appoint Counsel MOTION for Temporary Restraining Order MOTION for Injunction (Attachments: #1 Declaration(s) Hochschild Declaration, #2 Declaration(s) Hodes Declaration, #3 Declaration(s) Jonna Declaration, #4 Declaration(s) Stone Declaration, #5 Exhibit(s) Port leave policy, #6 Exhibit(s) Contact tracing email, #7 Exhibit(s) PCS transfer policy, #8 Exhibit(s) Stone Evaluation, #9 Exhibit(s) Antibody test results, #10 Exhibit(s) Policy on medical and clinical trial exemptions, #11 Exhibit(s) Confraternity Affidavit, #12 Exhibit(s) Endorsement Denial, #13 Exhibit(s) Rel. Accom. Request, #14 Exhibit(s) Initial Denial, #15 Exhibit(s) Appeal Part 1, #16 Exhibit(s) Appeal Part 2, #17 Exhibit(s) Appeal Denial, #18 Exhibit(s) PCS transfer orders, #19 Exhibit(s) Order to receive vaccine, #20 Exhibit(s) Bazemore email, #21 Exhibit(s) ALCOAST 270/21, #22 Exhibit(s) Reprimand, #23 Exhibit(s) HIV Deployment Policy, #24 Exhibit(s) Personnel shortage memo, #25 Exhibit(s) DoD vaccine mandate, #26 Exhibit(s) ALCOAST 305/21, #27 Exhibit(s) ALCOAST 315/21, #28 Exhibit(s) Vaccination metrics - May 25, 2022, #29 Exhibit(s) Vaccination metrics - January 21, 2022, #30 Exhibit(s) Exemptions data - Aug. 29, 2022, #31 Exhibit(s) IG Memo, #32 Exhibit(s) Admin. FAQ email, #33 Exhibit(s) Training school policy, #34 Declaration(s) Jackson Declaration, #35 Exhibit(s) Rel. Accom. Req., #36 Exhibit(s) Commander endorsement, #37 Exhibit(s) Initial Denial, #38 Exhibit(s) Appeal, #39 Exhibit(s) Appeal Denial, #40 Exhibit(s) Order to receive vaccine, #41 Exhibit(s) Reprimand, #42 Exhibit(s) Notice of Intent, #43 Exhibit(s) Reply to Notice of Intent, #44 Exhibit(s) COMDTINST M6230.4g, #45 Declaration(s) Marcenelle Declaration, #46 Exhibit(s) COMDTINST 1000.15, #47 Exhibit(s) Rel. Accom. Request, #48 Exhibit(s) Leave Policy, #49 Exhibit(s) Initial Denial, #50 Exhibit(s) Mattern email, #51 Exhibit(s) Appeal, #52 Exhibit(s) Appeal Denial, #53 Exhibit(s) Order to receive vaccine, #54 Exhibit(s) Clinic memo, #55 Exhibit(s) Reprimand, #56 Exhibit(s) Achievement Medal Award, #57 Declaration(s) Requena Declaration, #58 Exhibit(s) Rel. Accom. Request, #59 Exhibit(s) Appeal, #60 Exhibit(s) Appeal Response) (Fillmore, Charles)
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Filing 4
MOTION to Certify Class , MOTION to Appoint Counsel , MOTION for Temporary Restraining Order (), MOTION for Injunction filed by Eric Jackson, Michael Marcenelle, Alaric Stone (Attachments: #1 Proposed Order) (Fillmore, Charles)
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Filing 3
CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Eric Jackson, Michael Marcenelle, Alaric Stone. (Clerk QC note: No affiliate entered in ECF). (Fillmore, Charles)
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Filing 2
NOTICE of Related Case re: #1 Complaint,,,,, filed by Eric Jackson, Michael Marcenelle, Alaric Stone (Fillmore, Charles)
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Filing 1
COMPLAINT against All Defendants filed by Alaric Stone, Eric Jackson, Michael Marcenelle. (Filer fee note- Fee Paid - ATXNDC-13152964.) Clerk to issue summonses for federal and non-federal defendants. 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 Cover Sheet) (Fillmore, Charles) Modified on 9/19/2022 (tjc).
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