Appendix in Support of Plaintiffs’ Motion for Class Certification — U.S. Navy SEALs 1-3 v. Austin (N.D. Tex.)
- Date
- 2022-03-01
Summary
An appendix in support of the plaintiffs' motion for class certification in U.S. Navy SEALs 1-3 v. Lloyd J. Austin, III, Case No. 4:21-cv-01236-O, in the U.S. District Court for the Northern District of Texas, Fort Worth Division, filed March 1, 2022 as Document 137. The 14-page appendix indexes four exhibits: declarations of U.S. Navy SEAL 1, SEAL 2 and SEAL 3 and of U.S. Navy Explosive Ordnance Disposal Technician 1, Bates numbered 001-012. Each pseudonymous declarant, made under 28 U.S.C. § 1746, states that he is a plaintiff and is willing to serve as class representative for Navy members subject to the Navy’s COVID-19 Vaccine Mandate who submitted a Religious Accommodation request, and for proposed subclasses. The appendix is signed by counsel from Hacker Stephens LLP and First Liberty Institute.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
Full text
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 1 of 14 PageID 4638
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,
Case No. 4:21-cv-01236-O
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.
APPENDIX IN SUPPORT OF PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION
Ex. Description Bates Number(s)
1 Declaration of U.S. Navy SEAL 1 001-003
2 Declaration of U.S. Navy SEAL 2 004-006
3 Declaration of U.S. Navy SEAL 3 007-009
4 Declaration of U.S. Navy Explosive Ordnance Disposal 010-012
Technician 1
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 2 of 14 PageID 4639
Respectfully submitted this 1st day of March, 2022.
KELLY J. SHACKELFORD /s/ Heather Gebelin Hacker
Texas Bar No. 18070950 HEATHER GEBELIN HACKER
JEFFREY C. MATEER Texas Bar No. 24103325
Texas Bar No. 13185320 ANDREW B. STEPHENS
HIRAM S. SASSER, III Texas Bar No. 24079396
Texas Bar No. 24039157 HACKER STEPHENS LLP
DAVID J. HACKER 108 Wild Basin Road South, Suite 250
Texas Bar No. 24103323 Austin, Texas 78746
MICHAEL D. BERRY Tel.: (512) 399-3022
Texas Bar No. 24085835 heather@hackerstephens.com
JUSTIN BUTTERFIELD andrew@hackerstephens.com
Texas Bar No. 24062642
Danielle A. Runyan * Attorneys for Plaintiffs
New Jersey Bar No. 027232004
Holly M. Randall *
Oklahoma Bar No. 34763
FIRST LIBERTY INSTITUTE
2001 W. Plano Pkwy., Ste. 1600
Plano, Texas 75075
Tel: (972) 941-4444
jmateer@firstliberty.org
hsasser@firstliberty.org
dhacker@firstliberty.org
mberry@firstliberty.org
jbutterfield@firstliberty.org
drunyan@firstliberty.org
hrandall@firstliberty.org
JORDAN E. PRATT
Florida Bar No. 100958* **
FIRST LIBERTY INSTITUTE
227 Pennsylvania Ave., SE
Washington, DC 20003
Tel: (972) 941-4444
jpratt@firstliberty.org
*Admitted pro hac vice.
** Not yet admitted to the D.C. Bar, but
admitted to practice law in Florida. Practicing
law in D.C. pursuant to D.C. Court of
Appeals Rule 49(c)(8) under the supervision
of an attorney admitted to the D.C. Bar.
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 3 of 14 PageID 4640
Exhibit 1
Pls.' Mot. for Class Certification App. 001
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 4 of 14 PageID 4641
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,
Case No. 4:21-cv-01236-O
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.
DECLARATION OF U.S. NAVY SEAL 1
Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 1, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I currently serve as a U.S. Navy SEAL.
3. I am currently a Plaintiff in the above-captioned lawsuit.
4. I am able and willing to serve as the class representative for a class of all members of the
United States Navy who are subject to the Navy’s COVID-19 Vaccine Mandate and who have
Pls.' Mot. for Class Certification App. 002
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 5 of 14 PageID 4642
submitted a Religious Accommodation request concerning the Navy’s COVID-19 Vaccine
Mandate (“Navy Class”).
5. I am able and willing to serve as the class representative for a subclass of 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 War/Operations Subclass”).
6. I am able and willing to serve as the class representative for a subclass of 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”).
7. I will vigorously prosecute the case on behalf of the class. I am willing and able to take an
active role in and control the litigation and protect the interests of the absentee class members. I
will remain informed about the litigation and am willing and able to participate in it as necessary
in order to ensure the absentee class members’ interests are protected.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on March 1, 2022.
/s/ U.S. Navy SEAL 1
U.S. Navy SEAL 1
Pls.' Mot. for Class Certification App. 003
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 6 of 14 PageID 4643
Exhibit 2
Pls.' Mot. for Class Certification App. 004
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 7 of 14 PageID 4644
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,
Case No. 4:21-cv-01236-O
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.
DECLARATION OF U.S. NAVY SEAL 2
Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 2, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I currently serve as a U.S. Navy SEAL.
3. I am currently a Plaintiff in the above-captioned lawsuit.
4. I am able and willing to serve as the class representative for a class of all members of the
United States Navy who are subject to the Navy’s COVID-19 Vaccine Mandate and who have
Pls.' Mot. for Class Certification App. 005
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 8 of 14 PageID 4645
submitted a Religious Accommodation request concerning the Navy’s COVID-19 Vaccine
Mandate (“Navy Class”).
5. I am able and willing to serve as the class representative for a subclass of 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 War/Operations Subclass”).
6. I am able and willing to serve as the class representative for a subclass of 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”).
7. I will vigorously prosecute the case on behalf of the class. I am willing and able to take an
active role in and control the litigation and protect the interests of the absentee class members. I
will remain informed about the litigation and am willing and able to participate in it as necessary
in order to ensure the absentee class members’ interests are protected.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on March 1, 2022.
/s/ U.S. Navy SEAL 2
U.S. Navy SEAL 2
Pls.' Mot. for Class Certification App. 006
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 9 of 14 PageID 4646
Exhibit 3
Pls.' Mot. for Class Certification App. 007
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 10 of 14 PageID 4647
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,
Case No. 4:21-cv-01236-O
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.
DECLARATION OF U.S. NAVY SEAL 3
Pursuant to 28 U.S.C. § 1746, I, U.S. Navy SEAL 3, under penalty of perjury declare as
follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I currently serve as a U.S. Navy SEAL.
3. I am currently a Plaintiff in the above-captioned lawsuit.
4. I am able and willing to serve as the class representative for a class of all members of the
United States Navy who are subject to the Navy’s COVID-19 Vaccine Mandate and who have
Pls.' Mot. for Class Certification App. 008
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 11 of 14 PageID 4648
submitted a Religious Accommodation request concerning the Navy’s COVID-19 Vaccine
Mandate (“Navy Class”).
5. I am able and willing to serve as the class representative for a subclass of 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 War/Operations Subclass”).
6. I am able and willing to serve as the class representative for a subclass of 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”).
7. I will vigorously prosecute the case on behalf of the class. I am willing and able to take an
active role in and control the litigation and protect the interests of the absentee class members. I
will remain informed about the litigation and am willing and able to participate in it as necessary
in order to ensure the absentee class members’ interests are protected.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on March 1, 2022.
/s/ U.S. Navy SEAL 3
U.S. Navy SEAL 3
Pls.' Mot. for Class Certification App. 009
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 12 of 14 PageID 4649
Exhibit 4
Pls.' Mot. for Class Certification App. 010
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 13 of 14 PageID 4650
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,
Case No. 4:21-cv-01236-O
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.
DECLARATION OF U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1
Pursuant to 28 U.S.C. § 1746, I, U.S. Navy Explosive Ordnance Disposal Technician
(“EOD”) 1, under penalty of perjury declare as follows:
1. I am over the age of eighteen and am competent to make this declaration.
2. I currently serve as a U.S. Navy Explosive Ordnance Disposal Technician.
3. I am currently a Plaintiff in the above-captioned lawsuit.
4. I am able and willing to serve as the class representative for a class of all members of the
United States Navy who are subject to the Navy’s COVID-19 Vaccine Mandate and who have
Pls.' Mot. for Class Certification App. 011
Case 4:21-cv-01236-O Document 137 Filed 03/01/22 Page 14 of 14 PageID 4651
submitted a Religious Accommodation request concerning the Navy’s COVID-19 Vaccine
Mandate (“Navy Class”).
5. I am able and willing to serve as the class representative for a subclass of 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 War/Operations Subclass”).
6. I will vigorously prosecute the case on behalf of the class. I am willing and able to take an
active role in and control the litigation and protect the interests of the absentee class members. I
will remain informed about the litigation and am willing and able to participate in it as necessary
in order to ensure the absentee class members’ interests are protected.
I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and
correct. Executed on March 1, 2022.
/s/ U.S. Navy EOD 1
U.S. Navy EOD 1
Pls.' Mot. for Class Certification App. 012
File and source
- File
- gov.uscourts.txnd.355696.137.0.pdf
- Size
- 871,474 bytes
- SHA-256
- 7b2d119c3bff2c2ca35c7f09b7370a61538b0b65d1d2bdd537d120af1399af8e
- Original
- archive.org