CHURCH et al v. BIDEN et al
| District Of Columbia District Court | |
| Judge: | Colleen Kollar-Kotelly |
| Case #: | 1:21-cv-02815 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Fed. Question |
| Case Filed: | Oct 24, 2021 |
| Terminated: | Jan 23, 2023 |
| Last checked: Friday Apr 22, 2022 4:31 AM EDT |
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Defendant
DENIS MCDONOUGH
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Represented By
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Defendant
GINA M. RAIMONDO
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Represented By
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Defendant
CLARENCE W. NELSON II
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Defendant
ALEJANDRO MAYORKAS
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Defendant
KILOLO KIJAKAZI
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Defendant
DEBRA ANN HAALAND
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Defendant
JENNIFER M. GRANHOLM
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Defendant
THOMAS J. VILSACK
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Defendant
MERRICK B. GARLAND
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Defendant
MARCIA L. FUDGE
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Defendant
MARTIN J. WALSH
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Defendant
JANET YELLEN
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Defendant
ROBIN CARNAHAN
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Defendant
MIGUEL CARDONA
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Defendant
PETER BUTTIGIEG
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Defendant
LLOYD J. AUSTIN, III
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Represented By
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Defendant
JOSEPH R. BIDEN
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Represented By
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Defendant
ANTONY BLINKEN
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Defendant
XAVIER BECERRA
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Represented By
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Plaintiff
TAMIKA WALLS
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Represented By
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Plaintiff
ALL PLAINTIFFS
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Represented By
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Plaintiff
SOMER STEPHENS
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Represented By
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Plaintiff
ANDREW SOTO
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Represented By
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Plaintiff
JOSHUA SCHMIDT
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Represented By
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Plaintiff
MELINA ROYER
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Plaintiff
KRISTOFOR HALLFRISCH
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Represented By
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Plaintiff
STEPHANIE PERROTTA
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Represented By
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Plaintiff
DOROTHY MORGAN
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Represented By
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Plaintiff
CHRISTOPHER AXTELL
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Represented By
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Plaintiff
CHRISTOPHER HALL
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Represented By
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Plaintiff
ALMA GONZALEZ
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Represented By
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Plaintiff
JAIME ESPITIA
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Represented By
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Plaintiff
DOUGLAS CZERWINSKI
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Represented By
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Plaintiff
JASON COFFEY
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Represented By
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Plaintiff
STEVEN CHURCH
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Represented By
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Plaintiff
LESLEY CHURCH
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Represented By
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Plaintiff
ALAN CAMP
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Represented By
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Plaintiff
GRACE BROWN
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Represented By
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Plaintiff
ALEX BERNE
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Represented By
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Plaintiff
DYNIKA BARNWELL
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Represented By
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GPO
Nov 08 2021
MEMORANDUM OPINION accompanying 16 Order. Signed by Judge Colleen Kollar-Kotelly on 11/8/2021. (lcckk3) |
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GPO
May 11 2022
MEMORANDUM OPINION accompanying 30 Order. Signed by Judge Colleen Kollar-Kotelly on 5/11/22. (lcckk3) |
| Docket last updated: 09/09/2024 11:59 PM EDT |
| Monday, January 23, 2023 | ||
| 43 | 43
order
.Order
Mon 01/23 9:44 AM
ORDER dismissing case. The Clerk of Court is respectfully directed to close this case. Signed by Judge Colleen Kollar-Kotelly on January 23, 2022. (lcckk1) |
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| Thursday, January 19, 2023 | ||
| 42 | 42
notice
Notice of Voluntary Dismissal
Thu 01/19 4:29 PM
NOTICE of Voluntary Dismissal by CHRISTOPHER HALL, ANDREW SOTO (Yoder, Michael) |
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| Wednesday, January 11, 2023 | ||
| 41 | 41
notice
Notice (Other)
Wed 01/11 1:37 PM
NOTICE by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN(Walker, Johnny) |
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Att: 1
Exhibit 1: Rescission Memo
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| Tuesday, January 10, 2023 | ||
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order
.Order
Tue 01/10 8:51 AM
MINUTE ORDER: The Court is in receipt of Plaintiffs'40 Response to Order to Show Cause. Plaintiffs agree with Defendants' proposal in their39 Response that the parties file a joint status report no later than seven days after the rescission of the vaccine mandate at issue in this case. As such, the Court ORDERS that the parties shall file a joint status report indicating how they intend to proceed in this matter no later than seven days after the Secretary of Defense rescinds the military COVID-19 vaccine mandate. Signed by Judge Colleen Kollar-Kotelly on January 10, 2023. (lcckk1) |
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| Monday, January 09, 2023 | ||
| 40 | 40
misc
Response to Order to Show Cause
Mon 01/09 11:31 PM
RESPONSE TO ORDER TO SHOW CAUSE re Order,, dated December 23, 2022 filed by CHRISTOPHER HALL, ANDREW SOTO. (Yoder, Michael) |
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| Saturday, January 07, 2023 | ||
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order
.Order
Sat 01/07 1:08 PM
MINUTE ORDER: On December 23, 2022, the Court ordered the parties to show cause on or before January 6, 2023 why this matter should not be dismissed as moot. Although Defendants timely filed their response, no response has been filed by Plaintiffs. Plaintiffs shall file their response on or before January 9, 2023 . Failure to timely file a response may result in the dismissal of this action without prejudice for failure to prosecute. Signed by Judge Colleen Kollar-Kotelly on January 7, 2023. (lcckk1) |
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| Friday, January 06, 2023 | ||
| 39 | 39
misc
Response to Order to Show Cause
Fri 01/06 11:46 AM
RESPONSE TO ORDER TO SHOW CAUSE re Order,, filed by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN. (Walker, Johnny) |
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| Tuesday, December 27, 2022 | ||
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utility
Set/Reset Deadlines
Tue 12/27 10:23 AM
Set/Reset Deadlines: Response to Show Cause due by 1/6/2023. (kt) |
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| Friday, December 23, 2022 | ||
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order
.Order
Fri 12/23 5:00 PM
MINUTE ORDER: On December 23, 2022, the President of the United States signed into law the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023, Pub. L. No. ___, H.R. 7776, 117th Cong. (2022). Among other things, this law requires the Secretary of Defense to "rescind the mandate that members of the Armed Forces be vaccinated against COVID-19..." no "later than 30 days after the date of the enactment of" the law. Id . sec. 525. As such, the parties shall SHOW CAUSE on or before January 6, 2023 why this matter should not be dismissed as moot. Signed by Judge Colleen Kollar-Kotelly on December 23, 2022. (lcckk1) |
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utility
Set/Reset Deadlines
Tue 01/03 11:23 AM
Set/Reset Deadlines: Parties shall SHOW CAUSE on or before 1/6/2023, why this matter should not be dismissed as moot. (dot) |
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| Friday, October 21, 2022 | ||
| 38 | 38
notice
Notice of Withdrawal of Appearance
Fri 10/21 9:05 AM
NOTICE OF WITHDRAWAL OF APPEARANCE as to LLOYD J. AUSTIN, III, JOSEPH R. BIDEN. Attorney Steven A. Myers terminated. (Myers, Steven) |
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| Friday, September 30, 2022 | ||
| 37 | 37
respm
Supplemental Memorandum
Fri 09/30 3:39 PM
SUPPLEMENTAL MEMORANDUM to re23 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN. (Carmichael, Andrew) |
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| Friday, September 23, 2022 | ||
| 36 | 36
9
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respm
Supplemental Memorandum
Fri 09/23 11:52 PM
SUPPLEMENTAL MEMORANDUM to re27 Memorandum in Opposition, to Defendants' Motion to Dismiss for Lack of Jurisdiction filed by CHRISTOPHER HALL, ANDREW SOTO. (Yoder, Michael) |
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| Monday, September 12, 2022 | ||
| 35 | 35
respm
Supplemental Memorandum
Mon 09/12 5:05 PM
SUPPLEMENTAL MEMORANDUM to re23 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN. (Walker, Johnny) |
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| 34 | 34
notice
Notice of Appearance
Mon 09/12 1:35 PM
NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) |
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| Wednesday, August 31, 2022 | ||
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3
pgs
order
Order on Motion to Dismiss
Wed 08/31 5:42 PM
ORDER holding in abeyance Defendants'23 Motion to Dismiss as to remaining Service Member Plaintiffs; directing the parties to submit supplemental briefs. Please see Order for details. Signed by Judge Colleen Kollar-Kotelly on 8/31/22. (lcckk3) |
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order
Order on Motion for Leave to Proceed Under Pseudonym
Wed 08/31 5:19 PM
MINUTE ORDER granting Plaintiffs'2 Motion for Permission to Omit Home Addresses from Caption of Complaint, which Defendants have not opposed. It is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that: (1) plaintiffs are excused from publicly filing their residence address information with their complaint in accordance with Local Civil Rule 5.1(c); and (2) plaintiffs shall file under seal a list containing the names and full residential addresses of all plaintiffs within 30 days of this Order. Signed by Judge Colleen Kollar-Kotelly on 8/31/22. (lcckk3) |
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utility
Set/Reset Deadlines
Wed 08/31 9:54 PM
Set/Reset Deadlines: Defendants' Supplemental Brief due by 9/12/2022. Plaintiffs' Response due by 9/23/2022. Defendants' Reply due by 9/30/2022. (dot) |
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| Friday, August 12, 2022 | ||
| 32 | 32
respm
Response to Order of the Court
Fri 08/12 12:28 PM
RESPONSE TO ORDER OF THE COURT re Order, of August 2, 2022 filed by LLOYD J. AUSTIN, III, JOSEPH R. BIDEN.(Carmichael, Andrew) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2
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| Tuesday, August 02, 2022 | ||
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order
.Order
Tue 08/02 6:37 PM
MINUTE ORDER. As to the remaining Plaintiffs (Andrew Soto and Christopher Hall), the Court ORDERS Defendants to provide an update to the Court by no later than AUGUST 12, 2022 regarding the current status of their separation proceedings and/or further intra-military review thereof. Signed by Judge Colleen Kollar-Kotelly on 8/2/22. (lcckk3) |
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utility
Set/Reset Deadlines
Wed 08/03 8:57 PM
Set/Reset Deadlines: Defendants to provide an update to the Court by no later than 8/12/2022. (dot) |
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| Wednesday, May 11, 2022 | ||
| 31 | 31
15
pgs
order
Memorandum & Opinion
Wed 05/11 6:27 PM
MEMORANDUM OPINION accompanying30 Order. Signed by Judge Colleen Kollar-Kotelly on 5/11/22. (lcckk3) |
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| 30 | 30
1
pgs
order
Order on Motion to Dismiss Order on Motion to Dismiss/Lack of Jurisdiction
Wed 05/11 6:24 PM
ORDER granting in part and holding in abeyance in part Defendants'23 Motion to Dismiss. Signed by Judge Colleen Kollar-Kotelly on 5/11/22. (lcckk3) |
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| Monday, March 28, 2022 | ||
| 29 | 29
notice
Notice of Supplemental Authority
Mon 03/28 9:06 PM
NOTICE OF SUPPLEMENTAL AUTHORITY by LLOYD J. AUSTIN, III, XAVIER BECERRA, JOSEPH R. BIDEN, ANTONY BLINKEN, PETER BUTTIGIEG, MIGUEL CARDONA, ROBIN CARNAHAN, MARCIA L. FUDGE, MERRICK B. GARLAND, JENNIFER M. GRANHOLM, DEBRA ANN HAALAND, KILOLO KIJAKAZI, ALEJANDRO MAYORKAS, DENIS MCDONOUGH, CLARENCE W. NELSON II, GINA M. RAIMONDO, THOMAS J. VILSACK, MARTIN J. WALSH, JANET YELLEN (Robinson, Stuart) |
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| Friday, March 11, 2022 | ||
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14
pgs
respm
Reply to opposition to motion
Fri 03/11 4:13 PM
REPLY to opposition to motion re23 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by LLOYD J. AUSTIN, III, XAVIER BECERRA, JOSEPH R. BIDEN, ANTONY BLINKEN, PETER BUTTIGIEG, MIGUEL CARDONA, ROBIN CARNAHAN, MARCIA L. FUDGE, MERRICK B. GARLAND, JENNIFER M. GRANHOLM, DEBRA ANN HAALAND, KILOLO KIJAKAZI, ALEJANDRO MAYORKAS, DENIS MCDONOUGH, CLARENCE W. NELSON II, GINA M. RAIMONDO, THOMAS J. VILSACK, MARTIN J. WALSH, JANET YELLEN.(Robinson, Stuart) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5
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| Friday, February 25, 2022 | ||
| 27 | 27
29
pgs
respm
Memorandum in opposition to motion
Fri 02/25 11:00 PM
Memorandum in opposition to re23 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by ALL PLAINTIFFS.(Yoder, Michael) |
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Att: 1
3 pgs
Affidavit of Jason Coffey,
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Att: 2
Affidavit of Somer Stephens
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| Tuesday, February 15, 2022 | ||
| 26 | 26
2
pgs
notice
Notice (Other)
Tue 02/15 11:58 AM
NOTICE OF DENIAL OF RELIGIOUS ACCOMMODATION REQUEST by LLOYD J. AUSTIN, III, XAVIER BECERRA, JOSEPH R. BIDEN, ANTONY BLINKEN, PETER BUTTIGIEG, MIGUEL CARDONA, ROBIN CARNAHAN, MARCIA L. FUDGE, MERRICK B. GARLAND, JENNIFER M. GRANHOLM, DEBRA ANN HAALAND, ALEJANDRO MAYORKAS, DENIS MCDONOUGH, CLARENCE W. NELSON II, GINA M. RAIMONDO, THOMAS J. VILSACK, MARTIN J. WALSH, JANET YELLEN (Robinson, Stuart) |
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| Friday, February 11, 2022 | ||
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1
pgs
order
Order on Motion for Extension of Time to
Fri 02/11 10:16 AM
ORDER granting24 Joint Motion for Extension of Time. Plaintiffs shall file their opposition to Defendants' motion to dismiss by FEBRUARY 25, 2022 and Defendants shall file their reply by MARCH 11, 2022. Signed by Judge Colleen Kollar-Kotelly on 2/11/22. (lcckk3) |
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| 24 | 24
motion
Extension of Time to
Fri 02/11 10:05 AM
Joint MOTION for Extension of Time to complete briefing on motion to dismiss by LLOYD J. AUSTIN, III, XAVIER BECERRA, JOSEPH R. BIDEN, ANTONY BLINKEN, PETER BUTTIGIEG, MIGUEL CARDONA, ROBIN CARNAHAN, MARCIA L. FUDGE, MERRICK B. GARLAND, JENNIFER M. GRANHOLM, DEBRA ANN HAALAND, KILOLO KIJAKAZI, ALEJANDRO MAYORKAS, DENIS MCDONOUGH, CLARENCE W. NELSON II, GINA M. RAIMONDO, THOMAS J. VILSACK, MARTIN J. WALSH, JANET YELLEN.(Myers, Steven) |
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Att: 1
Text of Proposed Order
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utility
Set/Reset Deadlines
Fri 02/11 1:58 PM
Set/Reset Deadlines: Plaintiffs' opposition to23 due by 2/25/2022. Defendants' Reply to23 due by 3/11/2022. (dot) |
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| Friday, February 04, 2022 | ||
| 23 | 23
motion
Dismiss Dismiss/Lack of Jurisdiction
Fri 02/04 3:41 PM
MOTION to Dismiss , MOTION to Dismiss for Lack of Jurisdiction by LLOYD J. AUSTIN, III, XAVIER BECERRA, JOSEPH R. BIDEN, ANTONY BLINKEN, PETER BUTTIGIEG, MIGUEL CARDONA, ROBIN CARNAHAN, MARCIA L. FUDGE, MERRICK B. GARLAND, JENNIFER M. GRANHOLM, DEBRA ANN HAALAND, KILOLO KIJAKAZI, ALEJANDRO MAYORKAS, DENIS MCDONOUGH, CLARENCE W. NELSON II, GINA M. RAIMONDO, THOMAS J. VILSACK, MARTIN J. WALSH, JANET YELLEN.(Myers, Steven) |
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Att: 1
Exhibit 1 - Declaration of David J. Furness,
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Att: 2
Exhibit 2 - Declaration of William M. Jurney,
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Att: 3
Exhibit 3 - Declaration of Jeremy W. Beaven,
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Att: 4
Exhibit 4 - Declaration of Adrian Bennett,
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Att: 5
Exhibit 5 - Declaration of Terri L. Wales,
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Att: 6
Text of Proposed Order
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order
.Order
Fri 02/04 4:57 PM
MINUTE ORDER. The Court is in receipt of Defendants'23 Motion to Dismiss. The Court ORDERS Plaintiffs to file a response to Defendants' motion to dismiss by no later than FEBRUARY 18, 2022 and Defendants to file a reply by no later than FEBRUARY 25, 2022. Signed by Judge Colleen Kollar-Kotelly on 2/4/22. (lcckk3) |
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utility
Set/Reset Deadlines
Fri 02/04 10:56 PM
Set/Reset Deadlines: Plaintiffs' Response to23 due by 2/18/2022. Defendants' Reply to23 due by 2/25/2022. (dot) |
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| Friday, January 28, 2022 | ||
| 22 | 22
notice
Notice of Appearance
Fri 01/28 12:02 PM
NOTICE of Appearance by Stuart Justin Robinson on behalf of All Defendants (Robinson, Stuart) |
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| Monday, January 24, 2022 | ||
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order
.Order
Mon 01/24 9:22 AM
MINUTE ORDER. The Court is in receipt of Plaintiffs'21 Notice, in which they indicate that they no longer intend to amend their1 Complaint. Accordingly, the Court ORDERS Defendants to answer or otherwise respond to Plaintiffs'1 Complaint by no later than FEBRUARY 4, 2022. Signed by Judge Colleen Kollar-Kotelly on 1/24/22. (lcckk3) |
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utility
Set/Reset Deadlines
Mon 01/24 3:40 PM
Set/Reset Deadlines: Defendants to answer or otherwise respond to Plaintiffs'1 Complaint by 2/4/2022. (dot) |
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| Friday, January 21, 2022 | ||
| 21 | 21
notice
Notice (Other)
Fri 01/21 11:02 PM
NOTICE of Intent to Proceed on the Merits of Plaintiffs' Original Complaint (ECF No. 1) by ALL PLAINTIFFS (Yoder, Michael) |
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| Tuesday, January 18, 2022 | ||
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order
.Order
Tue 01/18 8:54 AM
MINUTE ORDER. The Court is in receipt of Plaintiffs'20 Notice. As proposed therein, the Court ORDERS Plaintiffs to file their amended complaint by no later than JANUARY 21, 2022 in compliance with Fed. R. Civ. P. 15(a) and the applicable local rules. Signed by Judge Colleen Kollar-Kotelly on 1/18/22. (lcckk3) |
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utility
Set/Reset Deadlines
Tue 01/18 8:01 PM
Set/Reset Deadlines: Amended Complaint due by 1/21/2022. (dot) |
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| Friday, January 14, 2022 | ||
| 20 | 20
1
pgs
notice
Notice (Other)
Fri 01/14 6:13 PM
NOTICE , re: Minute Order dated 1/12/22 by ALL PLAINTIFFS (Yoder, Michael) |
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| Wednesday, January 12, 2022 | ||
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order
.Order
Wed 01/12 2:32 PM
MINUTE ORDER. On January 5, 2022, the Court granted Defendants'19 Consent Motion to Stay Deadline, in which Defendants requested a stay of their January 11, 2022 deadline to answer or otherwise respond to Plaintiffs' Complaint because Plaintiffs' counsel had indicated that Plaintiffs intended to file an amended complaint by January 7, 2022. As of the date of this Minute Order, no amended complaint has been filed. The Court ORDERS Plaintiffs to file a notice by no later than JANUARY 14, 2022 indicating whether or not they intend to file an amended complaint and, if so, a proposed date for doing so. Signed by Judge Colleen Kollar-Kotelly on 1/12/22. (lcckk3) |
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| Wednesday, January 05, 2022 | ||
| 19 | 19
motion
Stay
Wed 01/05 2:38 PM
Consent MOTION to Stay re1 Complaint,,,,,,, (Motion to Stay Deadline to Respond to Complaint) by LLOYD J. AUSTIN, III, XAVIER BECERRA, JOSEPH R. BIDEN, ANTONY BLINKEN, PETER BUTTIGIEG, MIGUEL CARDONA, ROBIN CARNAHAN, MARCIA L. FUDGE, MERRICK B. GARLAND, JENNIFER M. GRANHOLM, DEBRA ANN HAALAND, ALEJANDRO MAYORKAS, DENIS MCDONOUGH, CLARENCE W. NELSON II, GINA M. RAIMONDO, THOMAS J. VILSACK, MARTIN J. WALSH, JANET YELLEN.(Myers, Steven) |
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Att: 1
Text of Proposed Order
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order
Order on Motion to Stay
Wed 01/05 4:24 PM
MINUTE ORDER. The Court is in receipt of Defendants'19 Consent Motion to Stay Deadline, in which Defendants seek a stay of their deadline to answer or otherwise respond to Plaintiffs' Complaint, which is currently due by January 11, 2022. Defendants indicate that Plaintiffs' counsel has informed Defendants' counsel that Plaintiffs intend to file an amended complaint by January 7, 2022. Accordingly, Defendants seek a stay of their current deadline to answer or otherwise respond to the Complaint "to avoid any possibility of failing to timely respond to the original complaint in the unanticipated event that Plaintiffs do not file their amended complaint prior to January 11, 2022." Plaintiffs consent to Defendants' motion to stay. Accordingly, the Court GRANTS Defendants'19 motion and ORDERS that Defendants' deadline to answer or otherwise respond to the Complaint is STAYED pending further order of this Court. Signed by Judge Colleen Kollar-Kotelly on 1/5/22. (lcckk3) |
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| Friday, November 12, 2021 | ||
| 18 | 18
2
pgs
misc
Status Report
Fri 11/12 2:35 PM
Joint STATUS REPORT by LLOYD J. AUSTIN, III, XAVIER BECERRA, JOSEPH R. BIDEN, ANTONY J. BLINKEN, PETER BUTTIGIEG, MIGUEL CARDONA, ROBIN CARNAHAN, MARCIA L. FUDGE, MERRICK B. GARLAND, JENNIFER M. GRANHOLM, DEBRA ANN HAALAND, KILOLO KIJAKAZI, ALEJANDRO MAYORKAS, DENIS MCDONOUGH, CLARENCE W. NELSON II, GINA M. RAIMONDO, THOMAS J. VILSACK, MARTIN J. WALSH, JANET YELLEN. (Myers, Steven) |
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| Tuesday, November 09, 2021 | ||
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order
.Order
Tue 11/09 5:30 PM
MINUTE ORDER. The Court ORDERS the parties to file by no later than NOVEMBER 12, 2021 a joint status report indicating how they intend to proceed in this matter, including a proposed schedule for briefing Defendants' motion to dismiss. Signed by Judge Colleen Kollar-Kotelly on 11/9/21. (lcckk3) |
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| Monday, November 08, 2021 | ||
| 17 | 17
41
pgs
order
Memorandum & Opinion
Mon 11/08 4:13 PM
MEMORANDUM OPINION accompanying16 Order. Signed by Judge Colleen Kollar-Kotelly on 11/8/2021. (lcckk3) |
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| 16 | 16
1
pgs
order
Order on Motion for TRO Order on Motion for Preliminary Injunction
Mon 11/08 4:11 PM
ORDER denying5 Emergency Application for Temporary Restraining Order and Motion for Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 11/8/2021. (lcckk3) |
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| Thursday, November 04, 2021 | ||
| 15 | 15
2
pgs
notice
Notice (Other)
Thu 11/04 7:21 PM
NOTICE by LLOYD J. AUSTIN, III, XAVIER BECERRA, JOSEPH R. BIDEN, ANTONY J. BLINKEN, PETER BUTTIGIEG, MIGUEL CARDONA, ROBIN CARNAHAN, MARCIA L. FUDGE, MERRICK BRIAN GARLAND, JENNIFER M. GRANHOLM, DEBRA ANN HAALAND, KILOLO KIJAKAZI, ALEJANDRO MAYORKAS, DENIS MCDONOUGH, CLARENCE W. NELSON II, GINA M. RAIMONDO, THOMAS J. VILSACK, MARTIN J. WALSH, JANET YELLEN re13 Memorandum in Opposition,,,, (Myers, Steven) |
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| Wednesday, November 03, 2021 | ||
| 14 | 14
16
pgs
respm
Reply to opposition to motion
Wed 11/03 11:46 PM
REPLY to opposition to motion re5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by ALL PLAINTIFFS, CHRISTOPHER AXTELL, DYNIKA BARNWELL, ALEX BERNE, GRACE BROWN, ALAN CAMP, LESLEY CHURCH, STEVEN CHURCH, JASON COFFEY, DOUGLAS CZERWINSKI, JAIME ESPITIA, ALMA GONZALEZ, CHRISTOPHER HALL, KRISTOFOR HALLFRISCH, DOROTHY MORGAN, STEPHANIE PERROTTA, MELINA ROYER, JOSHUA SCHMIDT, ANDREW SOTO, SOMER STEPHENS, TAMIKA WALLS.(Yoder, Michael) |
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Att: 1
2 pgs
Exhibit NAVMC 118(11), Kimberly Taylor
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| Tuesday, November 02, 2021 | ||
| 13 | 13
55
pgs
respm
Memorandum in opposition to motion
Tue 11/02 8:42 PM
Memorandum in opposition to re5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by LLOYD J. AUSTIN, III, XAVIER BECERRA, JOSEPH R. BIDEN, ANTONY J. BLINKEN, PETER BUTTIGIEG, MIGUEL CARDONA, ROBIN CARNAHAN, MARCIA L. FUDGE, MERRICK BRIAN GARLAND, JENNIFER M. GRANHOLM, DEBRA ANN HAALAND, KILOLO KIJAKAZI, ALEJANDRO MAYORKAS, DENIS MCDONOUGH, CLARENCE W. NELSON II, GINA M. RAIMONDO, THOMAS J. VILSACK, MARTIN J. WALSH, JANET YELLEN.(Myers, Steven) |
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Att: 1
Exhibit 1 - Declaration of Peter Marks,
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Att: 2
Exhibit 2 - FRAGO 5,
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Att: 3
Exhibit 3 - Air Force Implementation Guidance,
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Att: 4
Exhibit 4 - Declaration of David J. Furness,
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Att: 5
Exhibit 5 - Declaration of Jeremy W. Beaven,
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Att: 6
Exhibit 6 - Declaration of William M. Jurney,
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Att: 7
Exhibit 7 - Declaration of Kerry A. Cerny,
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Att: 8
Exhibit 8 - EOP Vaccination Policy,
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Att: 9
Exhibit 9 - Declaration of Colonel Tonya Rans,
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Att: 10
Exhibit 10 - Memorandum for Air Force Commanders,
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Att: 11
Exhibit 11 - Declaration of Major Scott Stanley,
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Att: 12
Text of Proposed Order
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| Monday, November 01, 2021 | ||
| 12 | 12
7
pgs
order
.Order
Mon 11/01 12:23 PM
ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 11/01/2021. (DM) |
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| Friday, October 29, 2021 | ||
| 11 | 11
3
pgs
order
.Order
Fri 10/29 4:27 PM
ORDER. Signed by Judge Colleen Kollar-Kotelly on October 29, 2021. (lcckk1) |
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| 10 | 10
misc
Transcript
Fri 10/29 2:49 PM
TRANSCRIPT OF TELEPHONIC CONFERENCE before Judge Colleen Kollar-Kotelly held on October 27, 2021; Page Numbers: 1-26. Date of Issuance: October 29, 2021. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the[LINK:Transcript Order Form] For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/19/2021. Redacted Transcript Deadline set for 11/29/2021. Release of Transcript Restriction set for 1/27/2022.(Edwards, Lisa) |
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| 9 | 9
4
pgs
notice
Notice (Other)
Fri 10/29 11:35 AM
NOTICE (Supplemental) in response to Court order by LLOYD J. AUSTIN, III, XAVIER BECERRA, JOSEPH R. BIDEN, ANTONY J. BLINKEN, PETER BUTTIGIEG, MIGUEL CARDONA, ROBIN CARNAHAN, MARCIA L. FUDGE, MERRICK BRIAN GARLAND, JENNIFER M. GRANHOLM, DEBRA ANN HAALAND, KILOLO KIJAKAZI, ALEJANDRO MAYORKAS, DENIS MCDONOUGH, CLARENCE W. NELSON II, GINA M. RAIMONDO, THOMAS J. VILSACK, MARTIN J. WALSH, JANET YELLEN (Myers, Steven) |
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utility
Set/Reset Deadlines
Fri 10/29 4:58 PM
Set/Reset Deadlines: Government's Response to5 due by 11/2/2021. Plaintiffs' Reply to5 due by 11/3/2021. (dot) |
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| Thursday, October 28, 2021 | ||
| 8 | 8
4
pgs
notice
Notice (Other)
Thu 10/28 4:39 PM
NOTICE in response to Court order by LLOYD J. AUSTIN, III, XAVIER BECERRA, JOSEPH R. BIDEN, ANTONY J. BLINKEN, PETER BUTTIGIEG, MIGUEL CARDONA, ROBIN CARNAHAN, MARCIA L. FUDGE, MERRICK BRIAN GARLAND, JENNIFER M. GRANHOLM, DEBRA ANN HAALAND, KILOLO KIJAKAZI, ALEJANDRO MAYORKAS, DENIS MCDONOUGH, CLARENCE W. NELSON II, GINA M. RAIMONDO, THOMAS J. VILSACK, MARTIN J. WALSH, JANET YELLEN (Myers, Steven) |
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order
.Order
Thu 10/28 6:59 PM
MINUTE ORDER. The Court is in receipt of Defendants'8 Notice, in which Defendants indicate that none of the civilian employee plaintiffs will be subject to discipline while his or her request for a religious exception is pending. See Notice 1, n.1. Defendants also indicate that the active duty military plaintiffs, whose religious exception requests have been denied, will not be disciplined or separated during the pendency of their appeals. See Notice 2. In sum, Defendants indicate that plaintiffs will not be disciplined by their employers while their employers consider their exception requests. However, Defendants' notice provides no guarantee of what will happen to plaintiffs if their exception requests are denied and if they reach the point of being disciplined or terminated pending briefing of Plaintiffs'5 Motion for Temporary Restraining Order ("TRO Motion") and Defendants' forthcoming motion to dismiss. Defendants indicate merely that they shall "notify the Court" if any plaintiff receives a final determination denying his or her request for a religious exception pending the briefing of and the Court's resolution of Plaintiffs' TRO Motion and Defendants' proposed motion to dismiss. It is not clear to the Court that this Notice sufficiently addresses the Court's concern that the Plaintiffs will not be disciplined or terminated while briefing is completed pursuant to the extended scheduled requested by Defendants. It therefore appears that Plaintiffs may be prejudiced by the proposed extended briefing schedule. Accordingly, the Court ORDERS Defendants to file a supplemental notice by no later than OCTOBER 29, 2021 at 12:00 p.m. indicating whether or not they shall agree voluntarily that no plaintiff will be disciplined or terminated pending the Court's ruling on the TRO Motion. Absent such agreement, the Court shall order bifurcated briefing, requiring Defendants to file an expedited opposition to the TRO Motion (by no later than November 2, with a reply due by no later than November 3) and to file their proposed motion to dismiss in accordance with the schedule discussed during the October 27, 2021 teleconference. Signed by Judge Colleen Kollar-Kotelly on 10/28/21. (lcckk3) |
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| Wednesday, October 27, 2021 | ||
| 7 | 7
notice
Notice of Appearance
Wed 10/27 12:23 PM
NOTICE of Appearance by Andrew Evan Carmichael on behalf of All Defendants (Carmichael, Andrew) |
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| 6 | 6
notice
Notice of Appearance
Wed 10/27 10:28 AM
NOTICE of Appearance by Steven A. Myers on behalf of All Defendants (Myers, Steven) |
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| 5 | 5
3
pgs
motion
Temporary Restraining Order Preliminary Injunction
Wed 10/27 1:09 AM
MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by CHRISTOPHER AXTELL, DYNIKA BARNWELL, ALEX BERNE, GRACE BROWN, ALAN CAMP, LESLEY CHURCH, STEVEN CHURCH, JASON COFFEY, DOUGLAS CZERWINSKI, JAIME ESPITIA, ALMA GONZALEZ, CHRISTOPHER HALL, KRISTOFOR HALLFRISCH, DOROTHY MORGAN, STEPHANIE PERROTTA, MELINA ROYER, JOSHUA SCHMIDT, ANDREW SOTO, SOMER STEPHENS, TAMIKA WALLS.(Yoder, Michael) |
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Att: 1
Memorandum in Support
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order
.Order
Wed 10/27 6:05 PM
MINUTE ORDER. The Court held a teleconference in this matter on October 27, 2021 to discuss a briefing schedule on Plaintiffs'5 Motion for Temporary Restraining Order and Preliminary Injunction. As discussed during the scheduling teleconference, Defendants shall file a Notice regarding the policies applicable to Plaintiffs pending consideration of exemption requests and appeals by no later than OCTOBER 28, 2021 at 6:00 p.m. Upon review of Defendants' Notice, the Court shall order a briefing schedule on Plaintiffs' TRO Motion and Defendants' proposed motion to dismiss. Signed by Judge Colleen Kollar-Kotelly on 10/27/21. (lcckk3) |
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| Tuesday, October 26, 2021 | ||
| 4 | 4
utility
Case Assigned/Reassigned
Tue 10/26 2:00 PM
Case directly reassigned to Judge Colleen Kollar-Kotelly as related. Judge Tanya S. Chutkan is no longer assigned to the case. (ztnr) |
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| Monday, October 25, 2021 | ||
| 3 | 3
service
Electronic Summons Issued as to AUSA,USAG
Mon 10/25 3:33 PM
SUMMONS (19) Issued Electronically as to All Defendants and U.S. Attorney General (Attachment: #1 Notice and Consent)(znmg) |
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utility
Case Assigned/Reassigned
Mon 10/25 3:15 PM
Case Assigned to Judge Tanya S. Chutkan. (znmg) |
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| Sunday, October 24, 2021 | ||
| 2 | 2
motion
Proceed Under Pseudonym
Sun 10/24 8:17 PM
MOTION to Proceed Under Pseudonym & Omit Home Address From Caption pursuant to LCvR 5.1(c)(1) by CHRISTOPHER AXTELL, DYNIKA BARNWELL, ALEX BERNE, GRACE BROWN, ALAN CAMP, LESLEY CHURCH, STEVEN CHURCH, JASON COFFEY, DOUGLAS CZERWINSKI, JAIME ESPITIA, ALMA GONZALEZ, CHRISTOPHER HALL, KRISTOFOR HALLFRISCH, DOROTHY MORGAN, STEPHANIE PERROTTA, MELINA ROYER, JOSHUA SCHMIDT, ANDREW SOTO, SOMER STEPHENS, TAMIKA WALLS.(Yoder, Michael) |
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Att: 1
Memorandum in Support Memorandum of Law,
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Att: 2
Affidavit Affidavit of Steven Church,
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Att: 3
Affidavit Affidavit of Lesley Church,
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Att: 4
Affidavit Affidavit of Grace Brown,
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Att: 5
Affidavit Affidavit of Alma Gonzalez,
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Att: 6
Affidavit Affidavit of Dynika Barnwell,
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Att: 7
Affidavit Affidavit of Douglas Czerwinski,
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Att: 8
Affidavit Affidavit of Special Agent Jason Coffey,
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Att: 9
Affidavit Affidavit of Joshua Schmidt,
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Att: 10
Affidavit Affidavit of Melina Royer,
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Att: 11
Affidavit Affidavit of Tamika Walls,
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Att: 12
Affidavit Affidavit of Jaime Espitia,
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Att: 13
Affidavit Affidavit of Somer Stephens,
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Att: 14
Affidavit Affidavit of Alex Berne,
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Att: 15
Affidavit Affidavit of Alan Camp,
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Att: 16
Affidavit Affidavit of Stephanie Perrotta,
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Att: 17
Affidavit Affidavit of Christopher Axtell,
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Att: 18
Affidavit Affidavit of Special Agent Kristofor Hallfrisch,
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Att: 19
Affidavit Affidavit of Dorothy Morgan
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| 1 | 1
cmp
Complaint
Sun 10/24 8:01 PM
COMPLAINT STEVEN CHURCH, et al. against LLOYD J. AUSTIN III, XAVIER BECERRA, JOSEPH R. BIDEN, ANTONY J. BLINKEN, PETER BUTTIGIEG, MIGUEL CARDONA, ROBIN CARNAHAN, MARCIA L. FUDGE, MERRICK B. GARLAND, JENNIFER M. GRANHOLM, DEBRA ANN HAALAND, KILOLO KIJAKAZI, ALEJANDRO MAYORKAS, CLARENCE W. NELSON II, GINA M. RAIMONDO, THOMAS J. VILSACK, MARTIN J. WALSH, JANET YELLEN with Jury Demand ( Filing fee $ 402 receipt number ADCDC-8819231) filed by JOSHUA SCHMIDT, KRISTOFOR HALLFRISCH, LESLEY CHURCH, STEVEN CHURCH, DOROTHY MORGAN, GRACE BROWN, CHRISTOPHER HALL, STEPHANIE PERROTTA, JAIME ESPITIA, SOMER STEPHENS, ALAN CAMP, JASON COFFEY, ALMA GONZALEZ, TAMIKA WALLS, ALEX BERNE, CHRISTOPHER AXTELL, MELINA ROYER, DYNIKA BARNWELL, ANDREW SOTO, DOUGLAS CZERWINSKI.(Yoder, Michael) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet,
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||
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Att: 2
Summons Summons to President Joseph R. Biden,
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||
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Att: 3
Summons Summons to Secretary Lloyd J. Austin III,
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||
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Att: 4
Summons Summons to Secretary Antony J. Blinken,
|
||
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Att: 5
Summons Summons to Secretary Janet Yellen,
|
||
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Att: 6
Summons Summons to Attorney General Merrick Garland,
|
||
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Att: 7
Summons Summons to Secretary Debra Ann Haaland,
|
||
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Att: 8
Summons Summons to Secretary Thomas J. Vilsack,
|
||
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Att: 9
Summons Summons to Secretary Gina M. Raimondo,
|
||
|
Att: 10
Summons Summons to Secretary Martin J. Walsh,
|
||
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Att: 11
Summons Summons to Secretary Xavier Becerra,
|
||
|
Att: 12
Summons Summons to Secretary Marcia L. Fudge,
|
||
|
Att: 13
Summons Summons to Secretary Peter Buttigieg,
|
||
|
Att: 14
Summons Summons to Secretary Jennifer M. Granholm,
|
||
|
Att: 15
Summons Summons to Secretary Miguel Cardona,
|
||
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Att: 16
Summons Summons to Secretary Denis McDonough,
|
||
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Att: 17
Summons Summons to Secretary Alejandro Mayorkas,
|
||
|
Att: 18
Summons Summons to Administrator Clarence W. Nelson II,
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||
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Att: 19
Summons Summons to Acting Commissioner Kilolo Kijakazi,
|
||
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Att: 20
Summons Summons to Administrator Robin Carnahan,
|
||
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Att: 21
Exhibit Executive Order 13991,
|
||
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Att: 22
Exhibit SECDEF Order,
|
||
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Att: 23
Exhibit Executive Order 14043,
|
||
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Att: 24
Exhibit Task Force Guidance,
|
||
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Att: 25
Exhibit Task Force Video Footage (.mp4 file to Clerk of Court),
|
||
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Att: 26
Exhibit Affidavit of Authentication,
|
||
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Att: 27
Exhibit Affidavit of Authentication,
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||
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Att: 28
Exhibit Affidavit of Authentication,
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||
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Att: 29
Exhibit Dept. of Navy Denial Letter,
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||
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Att: 30
Exhibit Dept. of Navy Denial Letter,
|
||
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Att: 31
Exhibit COVID-19 Statistics,
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||
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Att: 32
Exhibit DOJ Memorandum to the President
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