Proposed Class Certification Order — Navy SEALs v. Austin
Date
2022-01-25
Full text
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3, on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
v.
LLOYD J. AUSTIN, III, in his official
capacity as United States Secretary of
Defense; UNITED STATES
DEPARTMENT OF DEFENSE; CARLOS
DEL TORO, in his official capacity as
United States Secretary of the Navy,
Defendants.
Case No. 4:21-cv-01236-O
[PROPOSED] ORDER GRANTING MOTION FOR CLASS CERTIFICATION AND
APPOINTMENT OF CLASS COUNSEL
On January 25, 2022, Plaintiffs filed this Motion for Class Certification and Appointment
of Class Counsel. Having considered Plaintiffs’ motion, any responses thereto filed by the
Defendants, and any replies thereto filed by Plaintiffs, the Court finds that the requirements of Fed.
R. Civ. P. 23 are satisfied and the motion should be granted.
IT IS HEREBY ORDERED:
1.
Plaintiffs’ Motion for Class Certification is GRANTED.
2.
This action shall proceed as a class action with the members of the Class and
Subclasses consisting of:
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All members of the United States Navy who are subject to the Navy’s COVID-19 Vaccine
Mandate and who have submitted a Religious Accommodation request concerning the
Navy’s COVID-19 Vaccine Mandate (“Navy Class”);
All members of the Navy Class who are now or will be assigned to Naval Special Warfare
or Naval Special Operations, who are subject to the Navy’s COVID-19 Vaccine Mandate,
and who have submitted a Religious Accommodation request concerning the Navy’s
COVID-19 Vaccine Mandate (“Naval Special Warfare/Operations Subclass”); and
All members of the Navy Class who are now or will be United States Navy SEALs, who
are subject to the Navy’s COVID-19 Vaccine Mandate, and who have submitted a
Religious Accommodation request concerning the Navy’s COVID-19 Vaccine Mandate
(“Navy SEALs Subclass”).
3.
The following Named Plaintiffs are appointed as class representatives of the Navy
Class and the Naval Special Warfare/Operations Subclass:
a. United States Navy SEAL 1;
b. United States Navy SEAL 2;
c. United States Navy SEAL 3; and
d. United States Navy Explosive Ordnance Disposal Technician 1.
4.
The following Named Plaintiffs are appointed as class representatives of the Navy
SEALs Subclass:
a. United States Navy SEAL 1;
b. United States Navy SEAL 2; and
c. United States Navy SEAL 3.
5.
The following attorneys are appointed as co-counsel for the class:
a. Hacker Stephens LLP; and
b. attorneys from First Liberty Institute, a non-profit organization with its office
in Plano, Texas.
SO ORDERED this
day of
2022.
REED O’CONNOR
UNITED STATES DISTRICT JUDGE
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