Plaintiff's Motion to Certify Class and Appoint Class Counsel — Air Force Officer v. Austin (Case 5:22-cv-00009-TES, Document 57)
- Date
- 2022-02-15
Summary
Plaintiff's Motion to Certify Class and Appoint Class Counsel, filed February 28, 2022 as Document 57 in Air Force Officer v. Lloyd J. Austin, III, et al., Case No. 5:22-cv-00009-TES, in the U.S. District Court for the Middle District of Georgia, Macon Division. The defendants are sued in their official capacities as Secretary of Defense, Secretary of the Air Force and Surgeon General of the Air Force. Under Rule 23(b)(2), the plaintiff asks to certify a class of Air Force members subject to a COVID-19 vaccine mandate who submitted religious accommodation requests and have received or will receive a final denial. The motion cites the court's February 15, 2022 order granting a preliminary injunction [Doc. 51] and argues the Rule 23(a) requirements are met. It also asks that plaintiff's counsel, including Thomas More Society attorneys, be appointed class counsel under Rule 23(g).
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“Plaintiff's Motion to Certify Class and Appoint Class Counsel — Air Force Officer v. Austin (Case 5:22-cv-00009-TES, Document 57).”
Original at archive.org, dated 2022-02-15. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2022-02-15-covid-era-misc/
, SHA-256 14931eed271cb2d80184bd19ce11e8b591e2386b23b7b804e637bf17aa52a4bc.Full text
Case 5:22-cv-00009-TES Document 57 Filed 02/28/22 Page 1 of 3
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, )
v. )
)
LLOYD J. AUSTIN, III, in his )
official capacity as Secretary of Defense; )
FRANK KENDALL, III, in his )
official capacity as Secretary of the Air Force; and )
ROBERT I. MILLER, in his )
official capacity as Surgeon General of the )
Air Force, )
)
Defendants. )
PLAINTIFF’S MOTION TO CERTIFY CLASS AND APPOINT CLASS COUNSEL
Pursuant to Federal Rule Civil Procedure 23, Plaintiff Air Force Officer, on behalf of
herself and all others similarly situated, hereby moves to certify a class, under Rule 23(b)(2),
consisting of all members of the United States Air Force who (a) are subject to a mandate of the
Department of Defense or Air Force to receive a COVID-19 vaccine, (b) submitted a request for
religious accommodation regarding such mandate based on a sincerely held religious belief, and
(c) have received or will receive a final denial of such request from the Department of Defense
or Air Force.
The class is so numerous that joinder of all members is impracticable, there are questions
of law or fact common to the class, Plaintiff’s claims are typical of the claims of the class, and
Plaintiff will fairly and adequately protect the interest of the class. Fed. R. Civ. P. 23(a)(1)-(4).
In its February 15, 2022 Order [Doc. 51, p. 25] granting Plaintiff’s Motion for Preliminary
Injunction [Doc. 2], the Court “easily” found that “the Air Force’s process to protect religious
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Case 5:22-cv-00009-TES Document 57 Filed 02/28/22 Page 2 of 3
rights is both illusory and insincere.” Defendants have therefore acted or refused to act on
grounds that apply generally to the class, so that final injunctive relief or corresponding
declaratory relief is appropriate respecting the class as a whole. Fed. R. Civ. P. 23(b)(2).
In addition to certifying the class, Plaintiff requests that the Court enter an order
appointing Plaintiff’s counsel as class counsel under Rule 23(g).
Plaintiff further relies on and incorporates the Memorandum of Law in Support of this
motion and declarations thereto, filed simultaneously herewith.
WHEREFORE, Plaintiff requests that the Court enter an order (1) certifying a class
consisting of all members of the United States Air Force who (a) are subject to a mandate of the
Department of Defense or Air Force to receive a COVID-19 vaccine, (b) submitted a request for
religious accommodation regarding such mandate based on a sincerely held religious belief, and
(c) have received or will receive a final denial of such request from the Department of Defense
or Air Force; and (2) appointing Plaintiff’s counsel as class counsel.
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Case 5:22-cv-00009-TES Document 57 Filed 02/28/22 Page 3 of 3
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
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