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UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
AIR FORCE OFFICER, on behalf of herself
)
and all others similarly situated,
)
)
Case No. 5:22-cv-00009-TES
Plaintiff,
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v.
)
)
LLOYD J. AUSTIN, III, in his
)
official capacity as Secretary of Defense;
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FRANK KENDALL, III, in his
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official capacity as Secretary of the Air Force; and )
ROBERT I. MILLER, in his
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official capacity as Surgeon General of the
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Air Force,
)
)
Defendants.
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PLAINTIFF’S MOTION FOR CLASS-WIDE PRELIMINARY INJUNCTION
Pursuant to Federal Rule Civil Procedure 65, Plaintiff Air Force Officer, on behalf of
herself and all others similarly situated (collectively, the “Class”), respectfully requests that this
Court enter a class-wide preliminary injunction enjoining Defendants from enforcing certain
COVID-19 vaccine mandates—specifically, Department of Defense’s August 24, 2021 Order
and Department of Air Force’s September 3, 2021 Order (collectively, the “Mandates”)1—
against any member of the Class, and enjoining Defendants from taking any adverse action
1 Plaintiff, on behalf of herself and all others similarly situated, also seeks relief as to certain
federal civilian employee COVID-19 vaccine mandates—specifically, President Biden’s
September 9, 2021 Executive Order 14043, Department of Defense’s October 1, 2021 Order, and
Department of Air Force’s October 8, 2021 Order. See First Amended Class Action Complaint.
However, those mandates are preliminarily enjoined pursuant to another court’s order, Feds. for
Med. Freedom v. Biden, --- F. Supp. 3d. ----, 2022 WL 188329, at *8 (S.D. Tex. Jan. 21, 2022).
See February 15 Injunction Order [Doc. 51], p. 2 n.2. Therefore the present motion does not seek
relief as to those federal civilian employee mandates. Plaintiff reserves the right to pursue such
relief in the future if and as appropriate.
Case 5:22-cv-00009-TES Document 58 Filed 02/28/22 Page 1 of 3
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against any member of the Class on the basis of this lawsuit or of any member’s request for
religious accommodation related to the Mandates.2
Plaintiff relies on and incorporates the Memorandum of Law in Support of this motion,
filed simultaneously herewith. In addition, Plaintiff relies on and incorporates her briefing and
the declarations in support of her original Motion for Preliminary Injunction and exhibits thereto
[including Doc. 2, 2-1 to 2-17, 40, 40-1, 40-2, 41, 41-1, and 45], the First Amended Class Action
Complaint, and her briefing and the declarations in support of her Motion for Class Certification.
WHEREFORE, Plaintiff requests that this Court enter a class-wide preliminary
injunction that enjoins Defendants from (1) enforcing the Mandates against Plaintiff or any
member of the Class, and (2) taking any adverse action against Plaintiff or any member of the
Class on the basis of this lawsuit or of Plaintiff’s or any member’s request for religious
accommodation related to the Mandates.
2 Plaintiff, on behalf of herself and all others similarly situated, also seeks relief as to Defendants’
violation of the Administrative Procedure Act. See First Amended Class Action Complaint,
Count III. The present motion does not seek relief as to this claim. Plaintiff reserves the right to
pursue such relief in the future if and as appropriate.
Case 5:22-cv-00009-TES Document 58 Filed 02/28/22 Page 2 of 3
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Dated: February 28, 2022
Respectfully submitted,
/s/ Adam S. Hochschild
Stephen Crampton, pro hac vice
Michael R. Hirsh, GA #357220
THOMAS MORE SOCIETY – Senior Counsel
Hirsh Law Office, LLC
PO Box 4506
2295 Towne Lake Parkway
Tupelo, MS 38803
Suite 116-181
(662)255-9439
Woodstock, GA 30189
scrampton@thomasmoresociety.org
(678)653-9907
michael@hirsh.law
Adam S. Hochschild, pro hac vice
Hochschild Law Firm
THOMAS MORE SOCIETY – Special Counsel
PO Box 401
Plainfield, VT 05667
(314)503-0326
adam@hochschildlaw.com
Mary Catherine Hodes, pro hac vice
THOMAS MORE SOCIETY – Special Counsel
112 S. Hanley Rd., Second Floor
Clayton, MO 63105
(314)825-5725
mchodes@thomasmoresociety.org
Michael McHale, pro hac vice
THOMAS MORE SOCIETY – Counsel
10506 Burt Circle, Ste. 110
Omaha, NE 68114
(402)501-8586
mmchale@thomasmoresociety.org
Paul M. Jonna, pro hac vice
LiMandri & Jonna LLP
THOMAS MORE SOCIETY – Special Counsel
P.O. Box 9120
Rancho Santa Fe, CA 92067
(858)759-994
pjonna@limandri.com
Counsel for Plaintiff Air Force Officer
Case 5:22-cv-00009-TES Document 58 Filed 02/28/22 Page 3 of 3