Alvarado et al v. Austin, III et al
| Israel alvarado, steven barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Thomas Withers, Justin Wine, Matthew Wronski and Jerry Young |
| Lloyd Austin, III, Frank Kendall, Carlos Del Toro, Christine Wormuth, Secretary Xavier Becerra, Janet Woodcock and Rochelle Walensky |
| 1:2022cv00876 |
| August 4, 2022 |
| US District Court for the Eastern District of Virginia |
| John F Anderson |
| Anthony J Trenga |
| Civil Rights: Other |
| 05 U.S.C. § 702 Administrative Procedure Act |
| None |
Docket Report
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Filing 72
Memorandum in Support re #71 MOTION to Certify Class filed by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Attachments: #1 Exhibit 1 Updated Plaintiffs' Status, #2 Exhibit 2 DoD IG Memo to Sec Def, #3 Exhibit 3 Congress Ltr 2 Sec Def, #4 Exhibit 4 Sec Kendall Ltr to Air Force, #5 Exhibit 5 Class Counsel Quals AAAS, #6 Exhibit 6 Myer Decl re CA Quals, #7 Exhibit 7 Johnson CA Quals, #8 Proposed Order)(Schulcz, Arthur)
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Filing 71
MOTION to Certify Class by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Attachments: #1 Proposed Order)(Schulcz, Arthur)
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Filing 70
Consent MOTION Grant Scheduling Order for Class Certification Motion by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Attachments: #1 Proposed Order)(Schulcz, Arthur)
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Filing 69
Minute Entry for proceedings held before District Judge Anthony J. Trenga: Motion Hearing held on 9/28/2022 re #59 MOTION for Preliminary Injunction filed by Thomas Fussell, Israel Alvarado, Jonathan Shour, Justin Brown, Thomas Withers, Parker Schnetz, Joshua Layfield, Nathanael Gentilhomme, Walter Brobst, Justin Wine, Jerry Young, James Lee, Rick Pak, Mark Cox, Brad Lewis, David Troyer, Richard Shaffer, Ryan Jackson, Matthew Wronski, Jacob Eastman, Andrew Hirko, Robert Nelson, Krista Ingram, Gerardo Rodriguez, David Calger, Seth Weaver, Jeremiah Henderson, Jeremiah Snyder, Doyle Harris, Randy Pogue, Steven Barfield. Counsel appeared for Plaintiff and Defendant. Motion argued and taken under advisement. Order to follow. (Court Reporter R. Montgomery)(dzir)
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Filing 68
ORDER granting #56 MOTION for Joinder under Rule 20(a) (see Order for details). Signed by District Judge Anthony J Trenga on 7/19/2022. (Dest)
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Reset Deadlines as to #59 MOTION for Preliminary Injunction , #56 MOTION for Joinder under Rule 20(a). Motion Hearing set for 9/28/2022 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga. (hearing reset per MM in AJT chambers) (dvanm) Text Modified on 9/27/2022 (dzir).
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Filing 67
REPLY to Response to Motion re #59 MOTION for Preliminary Injunction filed by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Attachments: #1 Exhibit 1 Evidence Table, #2 Exhibit 2 August CDC Guidance, #3 Exhibit 3 Pfizer-BioNTch EUA, #4 Exhibit 4 Moderna EOA, #5 Exhibit 5 CDC Fall Vaccininations, #6 Exhibit 6 Plaintiffs Suppl Decl, #7 Exhibit 7 Combined Decl, #8 Exhibit 8 RAR Denials, #9 Exhibit 9 DAFI 52-210 Relig Freedom, #10 Exhibit 10 MILIPRESMAN 1730-020, #11 Exhibit 11 BUPERMINST1730.11, #12 Exhibit 12 COMINDINST, #13 Exhibit 13 Muehler Decl, #14 Exhibit 14 DODI 1300.17 Redline)(Schulcz, Arthur)
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Filing 66
REPLY to Response to Motion re #56 MOTION for Joinder under Rule 20(a) (now unopposed) filed by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Schulcz, Arthur)
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Filing 65
Opposition to #59 MOTION for Preliminary Injunction filed by Lloyd Austin, III, Xavier Becerra, Carlos Del Toro, Frank Kendall, Rochelle Walensky, Janet Woodcock, Christine Wormuth. (Attachments: #1 Exhibit Table of Exhibits, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16, #18 Exhibit Exhibit 17, #19 Exhibit Exhibit 18, #20 Exhibit Exhibit 19, #21 Exhibit Exhibit 20, #22 Exhibit Exhibit 21, #23 Exhibit Exhibit 22, #24 Exhibit Exhibit 23, #25 Exhibit Exhibit 24, #26 Exhibit Exhibit 25, #27 Exhibit Exhibit 26, #28 Exhibit Exhibit 27, #29 Exhibit Exhibit 28, #30 Exhibit Exhibit 29, #31 Exhibit Exhibit 30, #32 Exhibit Exhibit 31, #33 Exhibit Exhibit 32, #34 Exhibit Exhibit 33, #35 Exhibit Exhibit 34, #36 Exhibit Exhibit 35, #37 Exhibit Exhibit 36, #38 Exhibit Exhibit 37, #39 Exhibit Exhibit 38, #40 Exhibit Exhibit 39, #41 Exhibit Exhibit 40, #42 Exhibit Exhibit 41, #43 Exhibit Exhibit 42, #44 Exhibit Exhibit 43, #45 Exhibit Exhibit 44, #46 Exhibit Exhibit 45, #47 Exhibit Exhibit 46)(Fuchs, Yuri)
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Filing 64
RESPONSE to Motion re #56 MOTION for Joinder under Rule 20(a) filed by Lloyd Austin, III, Xavier Becerra, Carlos Del Toro, Frank Kendall, Rochelle Walensky, Janet Woodcock, Christine Wormuth. (Fuchs, Yuri)
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Filing 63
ORDER granting #62 Motion for Pro hac vice Appointed Brandon Johnson for Israel Alvarado,Brandon Johnson for Steven Barfield,Brandon Johnson for Walter Brobst,Brandon Johnson for Justin Brown,Brandon Johnson for David Calger,Brandon Johnson for Mark Cox,Brandon Johnson for Jacob Eastman,Brandon Johnson for Thomas Fussell,Brandon Johnson for Nathanael Gentilhomme,Brandon Johnson for Doyle Harris,Brandon Johnson for Jeremiah Henderson,Brandon Johnson for Andrew Hirko,Brandon Johnson for Krista Ingram,Brandon Johnson for Ryan Jackson,Brandon Johnson for Joshua Layfield,Brandon Johnson for James Lee,Brandon Johnson for Brad Lewis,Brandon Johnson for Robert Nelson,Brandon Johnson for Rick Pak,Brandon Johnson for Randy Pogue,Brandon Johnson for Gerardo Rodriguez,Brandon Johnson for Parker Schnetz,Brandon Johnson for Richard Shaffer,Brandon Johnson for Jonathan Shour,Brandon Johnson for Jeremiah Snyder,Brandon Johnson for David Troyer,Brandon Johnson for Seth Weaver,Brandon Johnson for Justin Wine,Brandon Johnson for Thomas Withers,Brandon Johnson for Janet Woodcock,Brandon Johnson for Matthew Wronski,Brandon Johnson for Jerry Young. Signed by District Judge Anthony J Trenga on 08/24/2022. (clar, )
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Filing 62
Consent Motion to appear Pro Hac Vice by Brandon Johnson and Certification of Local Counsel Arthur A. Schulcz, Sr. Filing fee $ 75, receipt number AVAEDC-8537823. by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Attachments: #1 Exhibit 1 B. Johnson PHC Application, #2 Supplement)(Schulcz, Arthur)
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Set Deadlines as to #59 MOTION for Preliminary Injunction , #56 MOTION for Joinder under Rule 20(a). Motion Hearing set for 9/23/2022 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, )
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Filing 61
Notice of Hearing Date September 23, 2022 re #59 MOTION for Preliminary Injunction (Schulcz, Arthur)
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Filing 60
Memorandum in Support re #59 MOTION for Preliminary Injunction filed by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Attachments: #1 Exhibit 1 DoD Mandate, #2 Exhibit 2 Pres Biden Comments, #3 Exhibit 3 Transcript of WH Briefing, #4 Exhibit 4 McCullough Decl, #5 Exhibit 5 Dr. Bhattacharya Decl, #6 Exhibit 6 DoD Instruction 6205-02, #7 Exhibit 7 AR 40-562, #8 Exhibit 8 Dr. Teresa Long Decl, #9 Exhibit 9 Navy SEAL Decl, #10 Exhibit 10 Chart Sect 533 Injuries, #11 Exhibit 11 First Amendment Injuries, #12 Exhibit 12 CAPT S. Brown Decl)(Schulcz, Arthur)
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Filing 59
MOTION for Preliminary Injunction by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Attachments: #1 Proposed Order)(Schulcz, Arthur)
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Filing 58
Notice of Hearing Date set for September 23, 2022 re #56 MOTION for Joinder under Rule 20(a) (Schulcz, Arthur)
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Filing 57
Memorandum in Support re #56 MOTION for Joinder under Rule 20(a) filed by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Attachments: #1 Exhibit A Asbury Decl, #2 Exhibit B Ballard Decl, #3 Exhibit C Booth Decl, #4 Exhibit D Botello Decl, #5 Exhibit E Dersch Decl, #6 Exhibit F Diltz Decl, #7 Exhibit G Hart Decl, #8 Exhibit H Howarth Decl, #9 Exhibit I Lawrence Decl, #10 Exhibit J Schrader Decl, #11 Exhibit K Zagdanski Decl, #12 Exhibit L Plaintiffs' Injury Matrix, #13 Proposed Order)(Schulcz, Arthur)
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Notice of Correction re #56 MOTION for Joinder under Rule 20(a). The filing user has been notified to file the document separately for each motion relief and the filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument (nneb)
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Filing 56
MOTION for Joinder under Rule 20(a) by Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young, Israel alvarado, steven barfield. (Attachments: #1 Exhibit A Asbury Declaration, #2 Exhibit B Ballard Decl, #3 Exhibit C Booth Dedl, #4 Exhibit D Botello Decl, #5 Exhibit E Dersch Decl, #6 Exhibit F Diltz Decl, #7 Exhibit G Hart Decl, #8 Exhibit H Howarth Decl, #9 Exhibit I Lawrence Decl, #10 Exhibit J Schrader Decl, #11 Exhibit K Zagdanski Decl, #12 Exhibit L Matrix of Pls' Injuries, #13 Proposed Order)(Schulcz, Arthur)
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Filing 55
ORDER granting #54 Joint MOTION to Set a Briefing Schedule and to Extend Page Limits; and it is further ORDERED that Plaintiffs shall file their Motion for a Preliminary Injunction, not to exceed 45 pages in length, and supporting materials on or before August 15, 2022. Defendants shall file their Opposition, not to exceed 45 pages in length, and supporting materials on or before August 29, 2022. Plaintiffs shall file a Reply, not to exceed 30 pages in length, on or before September 6, 2022. Signed by District Judge Anthony J Trenga on 8/10/2022. (nneb)
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Filing 54
Joint MOTION to Set a Briefing Schedule and to Extend Page Limits by Lloyd Austin, III, Xavier Becerra, Carlos Del Toro, Frank Kendall, Rochelle Walensky, Janet Woodcock, Christine Wormuth. (Attachments: #1 Proposed Order)(Fuchs, Yuri)
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Filing 53
ORDER granting #52 Motion for Extension of Time to Answer; and it is further ORDERED that Defendants will have until 21 days after this Court rules on Plaintiffs' forthcoming motion for a preliminary injunction to file a responsive pleading or motion under Federal Rule of Civil Procedure 12. Signed by District Judge Anthony J Trenga on 8/5/2022. (nneb)
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Filing 52
Consent MOTION for Extension of Time to File Answer re #1 Complaint, by Lloyd Austin, III, Xavier Becerra, Carlos Del Toro, Frank Kendall, Rochelle Walensky, Janet Woodcock, Christine Wormuth. (Attachments: #1 Proposed Order)(Fuchs, Yuri)
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Filing 51
Case transferred in from District of Florida Middle; Case Number 8:22-cv-01149. Original file and docket sheet received.
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Filing 50
ENDORSED ORDER terminating #31 Motion for Preliminary Injunction. Signed by Judge William F. Jung on 7/29/2022. (Jung, William) [Transferred from Florida Middle on 8/4/2022.]
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Filing 49
ORDER granting #46 unopposed Motion to Transfer Case and directing Clerk in accordance with the attached order. Signed by Judge William F. Jung on 7/27/2022. (CCB) [Transferred from Florida Middle on 8/4/2022.]
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Filing 48
DEFENDANT'S BRIEF re #45 Motion Hearing filed by Lloyd Austin, III, Xavier Becerra, Carlos Del Toro, Frank Kendall, Rochelle Walensky, Janet Woodcock, Christine Wormuth. (Clendenen, Michael) [Transferred from Florida Middle on 8/4/2022.]
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Filing 47
PLAINTIFF'S BRIEF re #45 Motion Hearing filed by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 46
Unopposed MOTION to Change Venue / Transfer Case to the Eastern District of Virginia by All Plaintiffs. (Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 45
Minute Entry. Virtual Proceedings held before Judge William F. Jung: MOTION HEARING held on 7/25/2022 re #31 MOTION for Preliminary Injunction filed by Israel Alvarado, Thomas Fussell, Jonathan Shour, Justin Brown, Thomas Withers, Parker Schnetz, Joshua Layfield, Nathanael Gentilhomme, Walter Brobst, Justin Wine, Jerry Young, James Lee, Rick Pak, Mark Cox, Brad Lewis, David Troyer, Richard Shaffer, Ryan Jackson, Matthew Wronski, Jacob Eastman, Andrew Hirko, Krista Ingram, Robert Nelson, Gerardo Rodriguez, David Calger, Seth Weaver, Jeremiah Henderson, Jeremiah Snyder, Doyle Harris, Randy Pogue, Steven Barfield. Court Reporter: Tracey Aurelio (CAH) [Transferred from Florida Middle on 8/4/2022.]
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Filing 44
NOTICE of Errata to Exhibit 6 re #41 Reply to Response to Motion by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Schulcz, Arthur) [Transferred from Florida Middle on 8/4/2022.]
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Filing 43
ENDORSED ORDER granting #42 Motion for Extension of Time to Answer. All Defendants' response due 8/5/2022. Signed by Judge William F. Jung on 7/19/2022. (CCB) [Transferred from Florida Middle on 8/4/2022.]
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Filing 42
Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by All Defendants. (Powell, Amy) [Transferred from Florida Middle on 8/4/2022.]
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Filing 41
REPLY to Response to Motion re #31 MOTION for Preliminary Injunction filed by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit, #4 Exhibit, #5 Affidavit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 40
NOTICE of Rescheduled Hearing on #31 MOTION for Preliminary Injunction (previously scheduled for 7/20/2022). Motion Hearing set for 7/25/2022 at 9:30 AM in Zoom Video Conference before Judge William F. Jung. (CCB) [Transferred from Florida Middle on 8/4/2022.]
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Filing 39
RESPONSE in Opposition re #31 MOTION for Preliminary Injunction filed by Lloyd Austin,III, Xavier Becerra, Carlos Del Toro, Frank Kendall, Rochelle Walensky, Janet Woodcock, Christine Wormuth. (Attachments: #1 Exhibit Table, #2 Exhibit Declaration of Maj. Scott Stanley, #3 Exhibit Declaration of Col. Tanya Rans, #4 Exhibit Declaration of Colonel Kevin J. Mahoney, with attached Army Policies (Army), #5 Exhibit Declaration of Admiral William Merz (Navy), #6 Exhibit Navy Policies with Index, #7 Exhibit Declaration of Lieutenant General David Furness (USMC), #8 Exhibit Marine Corps Policies, #9 Exhibit Declaration of Rear Admiral Eric Jones (USCG) and attached Coast Guard Policies, #10 Exhibit Declaration of Commander William P. Jones (Navy) re: Plaintiff Cox, #11 Exhibit AF COVID-19 Mandatory Vaccination Implementation Guidance, #12 Exhibit Declaration of Col. Artemio C. Chapa (AF), #13 Exhibit Declaration of Maj. Matthew Streett (AF), #14 Exhibit Declaration of Lt. Col. Nekitha Little (AF), #15 Exhibit Declaration of Lt. Col. Justin L. Long (AF), #16 Exhibit Declaration of Maj. Gen. Sharon R. Bannister (AF), #17 Exhibit Declaration of Col. Elizabeth Hernandez (AF), #18 Exhibit Declaration of Col. Ashley Heyen (AF), #19 Exhibit Declaration of Col. Maureen A. Farrell (AF), #20 Exhibit Dunn v. Austin, No. 22-cv-00288, Tr. (E.D. Cal. Feb. 22, 2022), #21 Exhibit Air Force Religious Freedom Training Course Description, #22 Exhibit Declaration of Lt. Col. Joshua J. Wolfram (AF) re: Plaintiffs Barfield, Fussell, Layfield, Ingram & Rodriguez, #23 Exhibit Barfield RAR Working File, #24 Exhibit Fussell RAR Working File, #25 Exhibit Layfield RAR Working File, #26 Exhibit Declaration of Maj. Gen. Jeffrey Pennington (AF) re: Plaintiff Brobst, #27 Exhibit Brobst RAR Working File, #28 Exhibit Declaration of Lt. Col. Shawn M. Schulz (AF) re: Plaintiff Henderson, #29 Exhibit Henderson RAR Working File, #30 Exhibit Declaration of Col. Daniel C. Diehl (AF) re: Plaintiff Jackson, #31 Exhibit Jackson RAR Working File, #32 Exhibit Declaration of Capt. Keith M. Donohue (USCG) re: Plaintiff Brown, #33 Exhibit Brown RAR Working File, #34 Exhibit Gentilhomme RAR Working File, #35 Exhibit Alvarado RAR Working File)(ClendenenMichael) [Transferred from Florida Middle on 8/4/2022.]
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Filing 38
NOTICE of Appearance by Michael Patrick Clendenen on behalf of Lloyd Austin, III, Xavier Becerra, Carlos Del Toro, Frank Kendall, Rochelle Walensky, Janet Woodcock, Christine Wormuth. (Clendenen, Michael) [Transferred from Florida Middle on 8/4/2022.]
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Filing 37
NOTICE of Appearance by Amy Powell on behalf of Lloyd Austin, III, Xavier Becerra, Carlos Del Toro, Rochelle Walensky, Janet Woodcock, Christine Wormuth, Frank Kendall. (Powell, Amy) [Transferred from Florida Middle on 8/4/2022.]
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Filing 36
NOTICE of Plaintiff's Errata by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young re #31 MOTION for Preliminary Injunction. (Attachments: #1 Exhibit 1 Corrected PI pages 44-46, #2 Exhibit 2 PI with Corrected page nos)(Schulcz, Arthur) [Transferred from Florida Middle on 8/4/2022.]
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Filing 35
PROOF of service by Israel Alvarado as to Carlos Del Toro. (Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 34
ENDORSED ORDER granting #33 Motion. The Motion for preliminary injunction is deemed timely filed. Signed by Judge William F. Jung on 6/29/2022. (CCB) [Transferred from Florida Middle on 8/4/2022.]
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Filing 33
Unopposed MOTION for Extension of Time to File Preliminary Injunction ; enlargement of time of 2 hrs & 34 minutes by All Plaintiffs. (Schulcz, Arthur) [Transferred from Florida Middle on 8/4/2022.]
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Filing 32
NOTICE of hearing on #31 MOTION for Preliminary Injunction. Motion Hearing set for 7/20/2022 at 9:00 AM in Zoom Video Conference before Judge William F. Jung. (CCB) [Transferred from Florida Middle on 8/4/2022.]
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Filing 31
MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit 1 Complaint, #2 Exhibit 2 2016 NDAA, #3 Exhibit 3 2018 NDAA, #4 Exhibit 4 Prop Order, #5 Exhibit 5 DoDI 1300.17, #6 Exhibit 6 Pls 533 injuries, #7 Exhibit 7 Pls Decls, #8 Exhibit 8 CDC emails, #9 Exhibit 9 Mandate as religion, #10 Text of Proposed Order)(Schulcz, Arthur) [Transferred from Florida Middle on 8/4/2022.]
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Filing 30
ENDORSED ORDER granting #29 Motion to set briefing schedule. Plaintiffs' motion is due 6/28/2022, Defendants' opposition is due 7/12/2022, and Plaintiffs' reply due 7/18/2022. Signed by Judge William F. Jung on 6/28/2022. (CCB) Modified on 6/28/2022 (CCB). [Transferred from Florida Middle on 8/4/2022.]
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Filing 29
Joint MOTION for Miscellaneous Relief, specifically Set Briefing Schedule by All Plaintiffs. (Schulcz, Arthur) [Transferred from Florida Middle on 8/4/2022.]
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Filing 28
ENDORSED ORDER granting #27 Motion to File Excess Pages: no more than 45 pages for the motion, 40 pages for the response, and 15 pages for the reply. Signed by Judge William F. Jung on 6/28/2022. (CCB) [Transferred from Florida Middle on 8/4/2022.]
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Filing 27
Joint MOTION to File Excess Pages by All Plaintiffs. (Schulcz, Arthur) [Transferred from Florida Middle on 8/4/2022.]
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Filing 26
PROOF of service as to Christine Wormuth by Israel Alvarado. (Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 25
PROOF of service as to Janet Woodcock by Israel Alvarado. (Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 24
PROOF of service as to Rochelle Walensky by Israel Alvarado. (Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 23
PROOF of service as to Frank Kendall by Israel Alvarado. (Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 22
SUMMONS returned executed by Israel Alvarado. US Attorney served on 5/27/2022, answer due 7/26/2022. (Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 21
PROOF of service as to Merrick Garland by Israel Alvarado. (Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 20
PROOF of service as to Carlos Del Toro by Israel Alvarado. (Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 19
PROOF of service as to Xavier Becerra by Israel Alvarado. (Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 18
PROOF of service as to Lloyd Austin, III by Israel Alvarado. (Johnson, Brandon) [Transferred from Florida Middle on 8/4/2022.]
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Filing 17
CERTIFICATE of interested persons and corporate disclosure statement by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Meyer, J.) [Transferred from Florida Middle on 8/4/2022.]
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Filing 16
NOTICE of a related action per Local Rule 1.07(c) by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. Related case(s): Yes (Schulcz, Arthur) [Transferred from Florida Middle on 8/4/2022.]
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FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-19613952 for $150 paid. Special Admission for Non-Resident Attorney Arthur A. Schulcz, Sr., Esq.. (Meyer, J.) [Transferred from Florida Middle on 8/4/2022.]
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Filing 15
NOTICE of Lead Counsel Designation by J. Andrew Meyer on behalf of Doyle Harris, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. Lead Counsel: Arthur A. Schulcz, Sr. (Meyer, J.) [Transferred from Florida Middle on 8/4/2022.]
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Filing 14
NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (CAH) [Transferred from Florida Middle on 8/4/2022.]
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Filing 13
NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (CAH) [Transferred from Florida Middle on 8/4/2022.]
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Filing 12
ENDORSED ORDER re: Plaintiffs' #9 [Second] Motion for Special Admission as to Brandon Johnson, Esq. In light of the Court's Order granting Plaintiffs' [First] Motion for Special Admission as to Brandon Johnson, Esq. ( #8 ), this second such motion is denied as moot. Signed by Magistrate Judge Christopher P. Tuite on 5/24/2022. (WFM) [Transferred from Florida Middle on 8/4/2022.]
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Filing 11
ENDORSED ORDER granting Plaintiffs' #8 [First] Motion for Special Admission as to Brandon Johnson, Esq. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 5/24/2022. (WFM) [Transferred from Florida Middle on 8/4/2022.]
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Filing 10
ENDORSED ORDER granting Plaintiffs' #7 Motion for Special Admission as to Arthur A. Schulcz, Sr., Esq. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 5/24/2022. (WFM) [Transferred from Florida Middle on 8/4/2022.]
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Filing 9
MOTION for Brandon Johnson to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19603035 for $150 by All Plaintiffs. (Johnson, Brandon) Motions referred to Magistrate Judge Christopher P. Tuite. [Transferred from Florida Middle on 8/4/2022.]
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Filing 8
MOTION for Brandon Johnson to appear pro hac vice by All Plaintiffs. (Meyer, J.) Motions referred to Magistrate Judge Christopher P. Tuite. [Transferred from Florida Middle on 8/4/2022.]
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Filing 7
MOTION for Arthur A. Schulcz, Sr. to appear pro hac vice by All Plaintiffs. (Meyer, J.) Motions referred to Magistrate Judge Christopher P. Tuite. [Transferred from Florida Middle on 8/4/2022.]
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Filing 6
NOTICE to counsels Arthur A. Schulcz, Jr. and Brandon Johnson of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BD) [Transferred from Florida Middle on 8/4/2022.]
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Filing 5
NOTICE to Counsels of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (BD) [Transferred from Florida Middle on 8/4/2022.]
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Filing 4
SUMMONS issued as to Lloyd Austin, III, Xavier Becerra, Carlos Del Toro, Frank Kendall, Rochelle Walensky, Janet Woodcock, Christine Wormuth, U.S. Attorney, and U.S. Attorney General. (BD) [Transferred from Florida Middle on 8/4/2022.]
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Filing 3
PROPOSED summons to be issued by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Meyer, J.) [Transferred from Florida Middle on 8/4/2022.]
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Filing 2
NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Christopher P. Tuite. New case number: 8:22-cv-1149-WFJ-CPT. (SJB) [Transferred from Florida Middle on 8/4/2022.]
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Filing 1
COMPLAINT against All Defendants (Filing fee $402 receipt number BFLMDC-19586535) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 (Part 1 of 2), #3 Exhibit 1 (Part 2 of 2), #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8)(Meyer, J.) [Transferred from Florida Middle on 8/4/2022.]
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