Judge 
Party 
Law Firm CREAGHAN v. AUSTIN et al
1:22-cv-00981 | District Of Columbia District Court
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Division
Washington, DC
Judge
Judge Colleen Kollar-Kotelly
Filed
April 8, 2022
Terminated
March 10, 2023
Case Flags
CLOSED
and
TYPE-D
Nature of Suit
440 Civil Rights - Other
Cause
42:2000 Religion
Demand
$100,000
Jury Demand
Defendant
Last Updated: 6 months, 1 week ago
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| Filing Date | # | Docket Text |
|---|---|---|
| 1/17/2024 | 73 | MANDATE of USCA as to 70 Notice of Appeal to DC Circuit Court, filed by MARIELLA CREAGHAN ; USCA Case Number 23-5101. (Attachments: # 1 USCA Order 11/21/2023)(znmw) (Entered: 01/18/2024) |
| 5/4/2023 | USCA Case Number 23-5101 for 70 Notice of Appeal to DC Circuit Court, filed by MARIELLA CREAGHAN. (znmw) (Entered: 05/05/2023) | |
| 5/2/2023 | 72 | MANDATE of USCA as to 28 Notice of Appeal to DC Circuit Court, filed by MARIELLA CREAGHAN ; USCA Case Number 22-5135. (Attachments: # 1 USCA Order 3/10/2023)(znmw) (Entered: 05/03/2023) |
| 5/2/2023 | 71 | Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 70 Notice of Appeal to DC Circuit Court,. (zjm) (Entered: 05/02/2023) |
| 5/2/2023 | 70 | NOTICE OF APPEAL TO DC CIRCUIT COURT as to 69 Order by MARIELLA CREAGHAN. Filing fee $ 505, receipt number ADCDC-10041732. Fee Status: Fee Paid. Parties have been notified. (Attachments: # 1 March 10, 2023 Order Dismissing Case)(Thompson, Richard) Modified on 5/2/2023 to add docket link (zjm). (Entered: 05/02/2023) |
| 3/10/2023 | 69 | ORDER dismissing case as moot. The Clerk of Court is respectfully directed to terminate all pending motions and close this case. Signed by Judge Colleen Kollar-Kotelly on March 10, 2023. (lcckk1) (Entered: 03/10/2023) |
| 2/2/2023 | 68 | NOTICE of Updated DoD Force Health Protection Guidance by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING re 65 Response to Document (Attachments: # 1 Exhibit 1 - Memo Updating FHPG, # 2 Exhibit 2 - Consolidated FHPG)(Snyder, Cassie) (Entered: 02/02/2023) |
| 1/24/2023 | 67 | REPLY re 63 RESPONSE TO ORDER TO SHOW CAUSE filed by MARIELLA CREAGHAN. (Attachments: # 1 Exhibit 1)(Mersino, Erin) Modified on 1/26/2023 to add docket link (zjm). (Entered: 01/24/2023) |
| 1/17/2023 | 66 | ERRATA re [ 65] by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING re 65 Response to Document (Snyder, Cassie) Modified on 1/19/2023 to correct event and add docket link (zjm). (Entered: 01/17/2023) |
| 1/17/2023 | 65 | RESPONSE re 63 Response to Order to Show Cause filed by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Attachments: # 1 Exhibit 1 - Rescission Memo)(Snyder, Cassie) (Entered: 01/17/2023) |
| 1/11/2023 | 64 | NOTICE by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING (Attachments: # 1 Exhibit 1 - Rescission Memo)(Snyder, Cassie) (Entered: 01/11/2023) |
| 1/7/2023 | MINUTE ORDER: The Court is in receipt of the parties' 62 and 63 responses to the Court's December 23, 2022 minute order. In consideration thereof, Defendants shall file a substantive response to Plaintiff's 63 Response to Show Cause no later than five days after the recission of the vaccine mandate at issue in this case. Plaintiff may file a reply to Defendants' response no later than seven days after Defendants' filing. Signed by Judge Colleen Kollar-Kotelly on January 7, 2023. (lcckk1) (Entered: 01/07/2023) | |
| 1/6/2023 | 63 | RESPONSE TO ORDER TO SHOW CAUSE re Order,, filed by MARIELLA CREAGHAN. (Mersino, Erin) (Entered: 01/06/2023) |
| 1/6/2023 | 62 | RESPONSE TO ORDER TO SHOW CAUSE re Order,, filed by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Walker, Johnny) (Entered: 01/06/2023) |
| 1/6/2023 | 61 | NOTICE of Appearance by Johnny Hillary Walker, III on behalf of All Defendants (Walker, Johnny) (Entered: 01/06/2023) |
| 12/28/2022 | 60 | SUPPLEMENTAL MEMORANDUM to re 59 Supplemental Memorandum REPLY filed by MARIELLA CREAGHAN. (Mersino, Erin) (Entered: 12/28/2022) |
| 12/27/2022 | Set/Reset Deadlines: Response to Show Cause due by 1/6/2023. (kt) (Entered: 12/27/2022) | |
| 12/23/2022 | Set/Reset Deadlines: Parties shall SHOW CAUSE on or before 1/6/2023, why this matter should not be dismissed as moot.(dot) (Entered: 01/03/2023) | |
| 12/23/2022 | 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) (Entered: 12/23/2022) | |
| 12/19/2022 | 59 | SUPPLEMENTAL MEMORANDUM to re 53 MOTION to Dismiss filed by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Yang, Catherine) (Entered: 12/19/2022) |
| 12/5/2022 | 58 | Supplemental AMENDED COMPLAINT against LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING filed by MARIELLA CREAGHAN.(zjm) (Entered: 12/06/2022) |
| 12/5/2022 | Set/Reset Deadlines: Defendants may file a supplemental response in support of their 53 Motion to Dismiss on or before 12/19/2022. Plaintiff may file a supplemental reply in opposition on or before 12/28/2022. (dot) (Entered: 12/05/2022) | |
| 12/5/2022 | MINUTE ORDER: The Court is in receipt of Plaintiff's 57 Motion for Leave to File Supplemental Complaint. Plaintiff seeks leave to file a supplemental pleading containing additional allegations regarding events that have purportedly transpired since Plaintiff filed her operative 47 First Amended Complaint. Defendants take no position. Because the 57 Motion is unopposed, and pursuant to Fed. R. Civ. P. 15(a)(2), Plaintiff's 57 Motion for Leave to File Supplemental Complaint is GRANTED. Defendants may file a supplemental response in support of their 53 Motion to Dismiss on or before December 19, 2022 and Plaintiff may file a supplemental reply in opposition on or before December 28, 2022. The Clerk of Court is respectfully directed to docket ECF No. 57-1 as Plaintiff's supplemental complaint. Signed by Judge Colleen Kollar-Kotelly on December 5, 2022. (lcckk1) (Entered: 12/05/2022) | |
| 12/5/2022 | 57 | MOTION for Leave to File Supplemental Complaint by MARIELLA CREAGHAN. (Attachments: # 1 Exhibit 1, Proposed Supplemental Complaint)(Mersino, Erin) (Entered: 12/05/2022) |
| 11/4/2022 | 56 | REPLY to opposition to motion re 53 MOTION to Dismiss filed by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Robinson, Stuart) (Entered: 11/04/2022) |
| 10/23/2022 | 55 | RESPONSE re 53 MOTION to Dismiss (Corrected) filed by MARIELLA CREAGHAN. (Attachments: # 1 Exhibit 1)(Mersino, Erin) (Entered: 10/23/2022) |
| 10/21/2022 | 54 | ENTERED IN ERROR.....RESPONSE re 53 MOTION to Dismiss filed by MARIELLA CREAGHAN. (Attachments: # 1 Exhibit 1- IG Memorandum)(Mersino, Erin) Modified on 10/24/2022 refiled at entry 55 by counsel (zjm). (Entered: 10/21/2022) |
| 9/30/2022 | 53 | MOTION to Dismiss by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Attachments: # 1 Exhibit 1, # 2 Text of Proposed Order)(Robinson, Stuart) (Entered: 09/30/2022) |
| 9/30/2022 | 52 | NOTICE of Appearance by Stuart Justin Robinson on behalf of All Defendants (Robinson, Stuart) (Entered: 09/30/2022) |
| 9/9/2022 | Set/Reset Deadlines: Defendants' Motion to Dismiss due by 9/30/2022. Opposition due by 10/21/2022. Reply due by 11/4/2022. (dot) (Entered: 09/12/2022) | |
| 9/9/2022 | MINUTE ORDER: The Court has reviewed the parties' 51 Joint Status Report and adopts the parties' proposed briefing schedule. Defendants shall file their motion to dismiss on or before September 30, 2022, Plaintiff shall file her opposition on or before October 21, 2022, and Defendants shall file their reply on or before November 4, 2022. In addition to any other argument the parties may present in their motions briefing, the parties shall address whether the Court should dismiss the amended complaint on justiciability grounds. See Navy SEAL v. Austin, --- F. Supp. 3d ---, 2022 WL 1294486, at *5-6 (D.D.C. Apr. 29, 2022); Creaghan v. Austin, --- F. Supp. 3d ---, 2022 WL 1500544, at *5-6 (D.D.C. May 12, 2022). Finally, the Clerk of Court is directed to terminate Defendants Lt. Gen. Stephen N. Whiting and Lt. Gen. Robert I. Miller in their personal capacities as parties. Signed by Judge Colleen Kollar-Kotelly on September 9, 2022. (lcckk1) (Entered: 09/09/2022) | |
| 9/9/2022 | 51 | Joint STATUS REPORT by MARIELLA CREAGHAN. (Mersino, Erin) (Entered: 09/09/2022) |
| 8/31/2022 | Set/Reset Deadlines: Joint Status Report due by 9/9/2022. (dot) (Entered: 08/31/2022) | |
| 8/31/2022 | MINUTE ORDER: The Court is in receipt of Plaintiff's 49 First Amended Complaint and 50 Motion to Set a Date for Filing a Joint Status Report or for Defendants' Response to Plaintiff's Amended Complaint, or, in the Alternative, Motion to Extend Time to File Opposition to Defendants' Motions to Dismiss. In light of the amended complaint, Defendants' 46 and 47 motions to dismiss are DENIED AS MOOT. To the extend that Plaintiff requests in her 50 Motion that the Court set a deadline for a joint proposed briefing schedule, her 50 Motion to Set a Date for Filing a Joint Status Report or for Defendants' Response to Plaintiff's Amended Complaint is GRANTED. The parties shall file a joint status report with a proposed briefing schedule on or before September 9, 2022. Signed by Judge Colleen Kollar-Kotelly on August 31, 2022. (lcckk1) (Entered: 08/31/2022) | |
| 8/30/2022 | 50 | MOTION for Briefing Schedule or in the alternative, MOTION for Extension of Time to File Response/Reply by MARIELLA CREAGHAN. (Mersino, Erin) (Entered: 08/30/2022) |
| 8/30/2022 | 49 | AMENDED COMPLAINT against All Defendants with Jury Demand filed by MARIELLA CREAGHAN.(Mersino, Erin) (Entered: 08/30/2022) |
| 8/16/2022 | Set/Reset Deadlines: Response due by 8/30/2022. (kt) (Entered: 08/16/2022) | |
| 8/16/2022 | MINUTE ORDER: The Court is in receipt of Plaintiff's 48 Motion to Extend Time to File an Opposition to Defendants' Motions to Dismiss. Due to competing deadlines, Plaintiff requests a seven-day extensionfrom August 23, 2022 to August 30, 2022to file her oppositions to Defendants' 46 and 47 motions to dismiss. As Defendants consent, and upon good cause shown, Plaintiff's 48 Motion to Extend Time to File an Opposition to Defendants' Motions to Dismiss is GRANTED. Plaintiff shall file her oppositions to Defendants' 46 and 47 motions to dismiss on or before August 30, 2022. Signed by Judge Colleen Kollar-Kotelly on August 16, 2022. (lcckk1) (Entered: 08/16/2022) | |
| 8/16/2022 | 48 | Unopposed MOTION for Extension of Time to File Response/Reply as to 47 MOTION to Dismiss Individual Capacity Claims, 46 MOTION to Dismiss by Official Capacity Defendants by MARIELLA CREAGHAN. (Attachments: # 1 Text of Proposed Order)(Mersino, Erin) (Entered: 08/16/2022) |
| 8/9/2022 | 47 | MOTION to Dismiss Individual Capacity Claims by ROBERT I. MILLER, STEPHEN N. WHITING. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Luecke, Daniel) (Entered: 08/09/2022) |
| 8/9/2022 | 46 | MOTION to Dismiss by Official Capacity Defendants by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2)(Yang, Catherine) (Entered: 08/09/2022) |
| 6/14/2022 | Set/Reset Deadlines: Defendants shall answer or otherwise respond to Plaintiff's 7 Complaint on or before 8/9/2022. (dot) (Entered: 06/14/2022) | |
| 6/11/2022 | MINUTE ORDER: The Court is in receipt of Plaintiff's 38 - 45 Affidavits of Service. In the parties' 37 Joint Status Report, Plaintiff requests a stay of the proceedings pending appeal of the Court's 26 Order denying Plaintiff's request for preliminary relief. Although the official capacity Defendants consent, the individual capacity Defendants oppose Plaintiff's proposed relief. On the Court's review, scores of similar cases are pending throughout the federal district courts, including three on this Court's docket alone. As such, the Court does not agree with Plaintiff's argument that a stay "would be appropriate and serve judicial economy." As the Court explained in its 35 Memorandum Opinion, although further legal guidance from the United States Court of Appeals for the District of Columbia Circuit may assist the Court in its legal analysis in this (and similar) matters, Plaintiff is nevertheless unlikely to succeed on appeal. Accordingly, no stay shall issue and Defendants shall answer or otherwise respond to Plaintiff's 7 Complaint on or before August 9, 2022. Signed by Judge Colleen Kollar-Kotelly on June 11, 2022. (lcckk1) (Entered: 06/11/2022) | |
| 6/10/2022 | 45 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. STEPHEN N. WHITING served on 5/23/2022, answer due 6/13/2022 (Thompson, Richard) (Entered: 06/10/2022) |
| 6/10/2022 | 44 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT I. MILLER served on 5/23/2022, answer due 6/13/2022 (Thompson, Richard) (Entered: 06/10/2022) |
| 6/10/2022 | 43 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Attachments: # 1 Affidavit of Service, # 2 Exhibit 1)(Thompson, Richard) (Entered: 06/10/2022) |
| 6/10/2022 | 42 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Attachments: # 1 Affidavit of Service, # 2 Exhibit 1)(Thompson, Richard) (Entered: 06/10/2022) |
| 6/10/2022 | 41 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Attachments: # 1 Affidavit of Service, # 2 Exhibit 1)(Thompson, Richard) (Entered: 06/10/2022) |
| 6/10/2022 | 40 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Attachments: # 1 Affidavit of Service, # 2 Exhibit)(Thompson, Richard) (Entered: 06/10/2022) |
| 6/10/2022 | 39 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/10/2022. Answer due for ALL FEDERAL DEFENDANTS by 8/9/2022. (Attachments: # 1 Affidavit of Service, # 2 Exhibit 1)(Thompson, Richard) (Entered: 06/10/2022) |
| 6/10/2022 | 38 | RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/10/22. (Attachments: # 1 Affidavit of Service, # 2 Exhibit 1)(Thompson, Richard) (Entered: 06/10/2022) |
| 6/10/2022 | ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Mersino, Erin) Modified on 6/14/2022 (znmw). (Entered: 06/10/2022) | |
| 6/10/2022 | ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants (Mersino, Erin) Modified on 6/14/2022 (znmw). (Entered: 06/10/2022) | |
| 6/10/2022 | ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants (Mersino, Erin) Modified on 6/14/2022 (znmw). (Entered: 06/10/2022) | |
| 6/3/2022 | MINUTE ORDER: The Court is in receipt of the parties' 37 Joint Status Report. The parties represent that Plaintiff "served the Individual Capacity Defendants on May 23, 2022, whose deadline to respond to the complaint is July 22, 2022." The parties further ask the Court to stay proceedings as to Defendants in their official capacity. No affidavit of service has been filed, however, so the Court cannot determine the deadline for Defendants to respond to the 7 Complaint. Accordingly, Plaintiff shall file her purported affidavit(s) of service on or before June 10, 2022. No stay shall issue as to any Defendant until Plaintiff perfects service. Pursuant to Federal Rule of Civil Procedure 4(m), the Court further notes that Plaintiff's deadline to perfect service is July 14, 2022. Signed by Judge Colleen Kollar-Kotelly on June 3, 2022. (lcckk1) (Entered: 06/03/2022) | |
| 6/2/2022 | 37 | Joint STATUS REPORT by MARIELLA CREAGHAN. (Mersino, Erin) (Entered: 06/02/2022) |
| 6/1/2022 | 36 | NOTICE of Appearance by Daniel Luecke on behalf of ROBERT I. MILLER, STEPHEN N. WHITING (Luecke, Daniel) (Main Document 36 replaced on 6/1/2022) (znmw). (Entered: 06/01/2022) |
| 5/26/2022 | 35 | MEMORANDUM OPINION re 34 Order. Signed by Judge Colleen Kollar-Kotelly on May 26, 2022. (lcckk1) (Entered: 05/26/2022) |
| 5/26/2022 | 34 | ORDER denying 29 Motion for Injunction Pending Appeal. An accompanying Memorandum Opinion follows. Signed by Judge Colleen Kollar-Kotelly on May 26, 2022. (lcckk1) (Entered: 05/26/2022) |
| 5/24/2022 | 33 | REPLY to opposition to motion re 29 MOTION for Injunction Pending Appeal - Expedited Relief Requested filed by MARIELLA CREAGHAN. (Mersino, Erin) (Entered: 05/24/2022) |
| 5/23/2022 | 32 | Memorandum in opposition to re 29 MOTION for Injunction Pending Appeal - Expedited Relief Requested filed by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Snyder, Cassie) (Entered: 05/23/2022) |
| 5/20/2022 | USCA Case Number 22-5135 for 28 Notice of Appeal to DC Circuit Court, filed by MARIELLA CREAGHAN. (znmw) (Entered: 05/20/2022) | |
| 5/19/2022 | Set/Reset Deadlines: Defendants' Opposition to 29 due by 5/23/2022. Plaintiff's Reply to 29 due by 5/24/2022. (dot) (Entered: 05/20/2022) | |
| 5/19/2022 | MINUTE ORDER: The Court is in receipt of Plaintiff's 29 Motion for Injunction Pending Appeal. Plaintiff "requests expedited consideration" of her request for an injunction pending appeal of the Court's 26 Order denying preliminary relief. As such, the Court sets the following expedited briefing schedule: Defendants shall file their opposition to Plaintiff's 29 Motion on or before May 23, 2022, and Plaintiff shall file her reply in support of her 29 Motion on or before May 24, 2022. Signed by Judge Colleen Kollar-Kotelly on May 19, 2022. (lcckk1) (Entered: 05/19/2022) | |
| 5/19/2022 | 31 | NOTICE of Appearance by Chibogu Nneka Nzekwu on behalf of ROBERT I. MILLER, STEPHEN N. WHITING (Nzekwu, Chibogu) (Entered: 05/19/2022) |
| 5/19/2022 | 30 | Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 28 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 05/19/2022) |
| 5/18/2022 | 29 | MOTION for Injunction Pending Appeal - Expedited Relief Requested by MARIELLA CREAGHAN. (Attachments: # 1 Text of Proposed Order)(Thompson, Richard) (Entered: 05/18/2022) |
| 5/18/2022 | 28 | NOTICE OF APPEAL TO DC CIRCUIT COURT as to 26 Order on Motion for TRO,, Order on Motion for Preliminary Injunction, 27 Memorandum & Opinion by MARIELLA CREAGHAN. Filing fee $ 505, receipt number ADCDC-9247881. Fee Status: Fee Paid. Parties have been notified. (Thompson, Richard) (Entered: 05/18/2022) |
| 5/12/2022 | Set/Reset Deadlines: Joint Status Report due by 6/2/2022. (kt) (Entered: 05/12/2022) | |
| 5/12/2022 | 27 | MEMORANDUM OPINION re 26 Order. Signed by Judge Colleen Kollar-Kotelly on May 12, 2022. (lcckk1) (Main Document 27 replaced on 5/13/2022 to correct case number on document) (kt). (Entered: 05/12/2022) |
| 5/12/2022 | 26 | ORDER denying 11 Motion. Joint status report as to how the parties intend to proceed due June 2, 2022. Signed by Judge Colleen Kollar-Kotelly on May 12, 2022. (lcckk1) (Main Document 26 replaced on 5/13/2022 to correct case number on document) (kt). (Entered: 05/12/2022) |
| 5/4/2022 | 25 | SUPPLEMENTAL MEMORANDUM to re 11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MARIELLA CREAGHAN. (Mersino, Erin) (Entered: 05/04/2022) |
| 5/4/2022 | 24 | SUPPLEMENTAL MEMORANDUM to re Order,, Addressing Navy SEAL v. Austin filed by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Yang, Catherine) (Entered: 05/04/2022) |
| 5/2/2022 | 23 | REPLY to opposition to motion re 11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by MARIELLA CREAGHAN. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Mersino, Erin) (Entered: 05/02/2022) |
| 5/2/2022 | Set/Reset Deadlines: Supplemental Briefing due by 5/4/2022. (dot) (Entered: 05/02/2022) | |
| 5/2/2022 | MINUTE ORDER: Pending before the Court is Plaintiff's 11 Motion for Temporary Restraining Order and/or Preliminary Injunction. On April 29, 2022, the Court entered a Memorandum Opinion on a similar motion for preliminary relief pending in Navy SEAL v. Austin, 22-cv-688 (D.D.C.). Because the issues in these two cases are quite similar, the Court shall provide either party the option to file, on or before May 4, 2022, supplemental briefing of no longer than ten double-spaced pages addressing that Memorandum Opinion. Such supplemental briefing is entirely optional. Signed by Judge Colleen Kollar-Kotelly on May 2, 2022. (lcckk1) (Entered: 05/02/2022) | |
| 4/29/2022 | 22 | Memorandum in opposition to re 11 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Attachments: # 1 Exhibit Table, # 2 Exhibit 1 - Stanley Decl., # 3 Exhibit 2 - Rans Decl., # 4 Exhibit 3 - Chapa Decl., # 5 Exhibit 4 - Streett Decl., # 6 Exhibit 5 - Little Decl., # 7 Exhibit 6 - Hernandez Decl., # 8 Exhibit 7 - Poel Decl., # 9 Exhibit 8 - Angelo Decl., # 10 Exhibit 9 - Shipton Decl., # 11 Exhibit 10 - Schneider Decl., # 12 Exhibit 11 - Dunn Op., # 13 Exhibit 12 - RAR Package)(Snyder, Cassie) (Entered: 04/29/2022) |
| 4/27/2022 | MINUTE ORDER: The Court is in receipt of Plaintiff's 20 Notice. Therein, Plaintiff writes that she "cannot make the blanket attestation that delay [of a ruling to May 13, 2022] will not cause her prejudice," but nevertheless continues to consent to the parties' joint proposed briefing schedule requiring a ruling on Plaintiff's 11 Motion for a Temporary Restraining Order and/or Preliminary Injunction on or before May 13, 2022. Plaintiff appears to fear that Defendants may commence separation proceedings on May 13, 2022. Defendants represented in the parties' 10 Joint Motion that they would not commence separation proceedings until "[a]fter May 13, 2022." Accordingly, pursuant to LCvR 65.1(d), the Court finds that the parties would not suffer sufficient prejudice to warrant departure from the parties' joint proposed briefing schedule. Defendants shall file their opposition to Plaintiff's 11 Motion on or before April 29, 2022, and Plaintiff shall file her reply in support of her 11 Motion on or before May 2, 2022. The Court will rule on Plaintiff's 11 Motion on or before May 13, 2022. Signed by Judge Colleen Kollar-Kotelly on April 27, 2022. (lcckk1) (Entered: 04/27/2022) | |
| 4/27/2022 | 21 | ORDER ESTABLISHING PROCEDURES FOR CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 04/27/22. (DM) (Entered: 04/27/2022) |
| 4/27/2022 | 20 | NOTICE by MARIELLA CREAGHAN re Order,,,,, (Thompson, Richard) (Entered: 04/27/2022) |
| 4/25/2022 | MINUTE ORDER: In light of this case's reassignment to the undersigned, the hearing set for May 5, 2022 is VACATED pending further briefing in this case. The Court also notes that the parties have jointly requested an expedited ruling on Plaintiff's motion on or before May 13, 2022." ECF No. 10 at 2. Pursuant to LCvR 65.1(d), "a hearing on an application for a preliminary injunction shall be set by the Court no later than 21 days after its filing, unless the Court earlier decides the motion on the papers or makes a finding that a later hearing date will not prejudice the parties." The Court calculates the 21-day deadline as May 6, 2022. Having reviewed the parties' 10 Joint Motion, granted by Judge Timothy J. Kelly by Minute Order on April 18, 2022, the Court assumes that the parties agree that resolution after May 6, 2022 but on or before May 13, 2022 would not prejudice the parties. If, in fact, either of the parties intends the 21-day deadline set forth in LCvR 65.1(d) to apply in this matter, they shall file such a notice on the docket on or before April 27, 2022. If no such notice is filed, the Court will adopt such a finding and the briefing schedule set in the April 18, 2022 Minute Order shall stand. Signed by Judge Colleen Kollar-Kotelly on April 25, 2022. (lcckk1) (Entered: 04/25/2022) | |
| 4/25/2022 | 19 | Case directly reassigned to Judge Colleen Kollar-Kotelly as there is an earlier related case. Judge Timothy J. Kelly is no longer assigned to the case. (rj) (Entered: 04/25/2022) |
| 4/21/2022 | MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a hearing on Plaintiff's 11 Motion for Temporary Restraining Order And Preliminary Injunction on May 5, 2022, at 3:30 p.m. via videoconference. The parties shall contact the Courtroom Deputy at (202) 354-3495 at least one business day prior to the hearing to make arrangements to participate. Signed by Judge Timothy J. Kelly on 4/21/2022. (lctjk3) (Entered: 04/21/2022) | |
| 4/20/2022 | 18 | RESPONSE TO ORDER OF THE COURT re Order,,,,, Set Deadlines,,,, filed by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Carmichael, Andrew) (Entered: 04/20/2022) |
| 4/20/2022 | 17 | Joint STATUS REPORT re April 18, 2022 Minute Order by LLOYD J. AUSTIN, III, FRANK KENDALL, ROBERT I. MILLER, STEPHEN N. WHITING. (Yang, Catherine) (Entered: 04/20/2022) |
| 4/19/2022 | MINUTE ORDER: Civil cases in this district are related if, relevant here, they "involve common issues of fact" or "grow out of the same event or transaction." LCvR 40.5(a)(3). The party seeking related-case designation "bears the burden of showing that the cases are related." Trump v. Comm. on Ways & Means, 391 F. Supp. 3d 91, 95 (D.D.C. 2019). Defendants have filed a notice stating that this case is related to three other cases pending before another judge. See ECF No. 16. But their filing only contains only a single sentence stating that the other cases also involve "service member challenges to the Department of Defense COVID-19 vaccination requirement under the Religious Freedom Restoration Act and First Amendment to the Constitution." Id. Accordingly, it is hereby ORDERED that, by April 22, 2022, Defendants shall file a further explanation as to why these cases are related. It is further ORDERED that Plaintiff shall file any response by April 29, 2022, and Defendants shall file any reply by May 3, 2022.. Signed by Judge Timothy J. Kelly on 4/19/2022. (lctjk3) (Entered: 04/19/2022) | |
| 4/19/2022 | 16 | NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 21cv2815. (Carmichael, Andrew) (Entered: 04/19/2022) |
| 4/18/2022 | Set/Reset Deadlines: Joint Status Report due by 4/20/2022. (zkh) (Entered: 04/18/2022) | |
| 4/18/2022 | MINUTE ORDER granting the parties' 10 Joint Motion for Briefing Schedule. It is hereby ORDERED that the parties' 10 Joint Motion for Briefing Schedule is GRANTED. Defendants shall file their response to Plaintiff's 11 Motion for Temporary Restraining Order and Preliminary Injunction by April 29, 2022, and Plaintiff shall file any reply by May 2, 2022. It is further ORDERED that, by April 20, 2022, the parties shall file a joint status report informing the Court whether the parties are available for a hearing on the 11 Motion on May 5, 2022, at 3:30 p.m. Signed by Judge Timothy J. Kelly on 4/18/2022. (lctjk3) (Entered: 04/18/2022) | |
| 4/18/2022 | 15 | NOTICE of Appearance by Catherine Yang on behalf of All Defendants (Yang, Catherine) (Entered: 04/18/2022) |
| 4/18/2022 | 14 | NOTICE of Appearance by Andrew Evan Carmichael on behalf of All Defendants (Carmichael, Andrew) (Entered: 04/18/2022) |
| 4/18/2022 | Case Assigned to Judge Timothy J. Kelly. Judge James E. Boasberg is no longer assigned to the case. (zmh) (Entered: 04/18/2022) | |
| 4/18/2022 | 13 | SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zmh) (Entered: 04/18/2022) |
| 4/18/2022 | ENTERED IN ERROR.....Case Assigned to Judge James E. Boasberg. (zmh) Modified on 4/18/2022 to correct judge assignment (zsb). (Entered: 04/18/2022) | |
| 4/16/2022 | 12 | NOTICE of Appearance by Cassie Snyder on behalf of All Defendants (Snyder, Cassie) (Entered: 04/16/2022) |
| 4/15/2022 | 11 | MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by OFFICER IN THE UNITED STATES SPACE FORCE. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Thompson, Richard) (Entered: 04/15/2022) |
| 4/15/2022 | 10 | Joint MOTION for Briefing Schedule on Plaintiff Motion for a TRO by OFFICER IN THE UNITED STATES SPACE FORCE. (Attachments: # 1 Text of Proposed Order)(Thompson, Richard) (Entered: 04/15/2022) |
| 4/15/2022 | 9 | SEALED DOCUMENT filed by OFFICER IN THE UNITED STATES SPACE FORCE re 8 Sealed Document, 7 Complaint, (This document is SEALED and only available to authorized persons.)(Thompson, Richard) (Entered: 04/15/2022) |
| 4/15/2022 | 8 | SEALED DOCUMENT filed by OFFICER IN THE UNITED STATES SPACE FORCE re 7 Complaint, (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit 1, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6, # 6 Exhibit 7, # 7 Exhibit 8, # 8 Exhibit 2)(Thompson, Richard) (Entered: 04/15/2022) |
| 4/15/2022 | 7 | COMPLAINT against All Defendants (Fee Status:Filing Fee Waived) filed by OFFICER IN THE UNITED STATES SPACE FORCE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Thompson, Richard) (Entered: 04/15/2022) |
| 4/14/2022 | 6 | MEMORANDUM AND ORDER DENYING plaintiff's 3 Motion for Leave to Proceed Under Pseudonym and GRANTING IN PART and DENYING PART plaintiff's 4 Motion for Leave to File Documents Under Seal. See Memorandum and Order for further details. Signed by Chief Judge Beryl A. Howell on April 14, 2022. (lcbah4) (Entered: 04/14/2022) |
| 4/13/2022 | NOTICE OF ERROR re 3 MOTION to Proceed Under Pseudonym ; emailed to rthompson@thomasmore.org, cc'd 4 associated attorneys -- The PDF file you docketed contained errors: 1. Pseudonym Request e-filed without leave of court. Please submit motion using the event Motion to Proceed Under Pseudonym. In the future, do not file these kinds of cases electronically. (zmh, ) (Entered: 04/13/2022) | |
| 4/11/2022 | 5 | SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by OFFICER IN THE UNITED STATES SPACE FORCE (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration Verification of Complaint, # 2 Exhibit Index of Exhibits in Support of Verified Complaint, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Declaration Declaration in Support of Motion to Proceed Pseudonymously)(Thompson, Richard) (Entered: 04/11/2022) |
| 4/11/2022 | 4 | Ex Parte MOTION for Leave to File Documents Under Seal by OFFICER IN THE UNITED STATES SPACE FORCE. (Thompson, Richard) (Entered: 04/11/2022) |
| 4/11/2022 | 3 | Ex Parte MOTION to Proceed Under Pseudonym by OFFICER IN THE UNITED STATES SPACE FORCE. (Attachments: # 1 Declaration)(Thompson, Richard) (Entered: 04/11/2022) |
| 4/11/2022 | 2 | STRICKEN PURSUANT TO ORDER FILED 04/14/2022.....ERRATA re 1 Complaint by OFFICER IN THE UNITED STATES SPACE FORCE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Thompson, Richard) Modified on 4/14/2022 (zsb). Modified on 4/14/2022 (zmh). (Entered: 04/11/2022) |
| 4/11/2022 | NOTICE OF ERROR re 1 Complaint; emailed to emersino@thomasmore.org, cc'd 3 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue., 2. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 3. Attorney signature must match documents filed, 4. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmh, ) (Entered: 04/11/2022) | |
| 4/9/2022 | 1 | STRICKEN PURSUANT TO ORDER FILED 04/14/2022.....COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-9161359) filed by Officer in the United States Space Force. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Mersino, Erin) Modified on 4/14/2022 (zmh). (Entered: 04/09/2022) |
