Order on Plaintiffs' Emergency Motion for Order Requiring Compliance — U.S. Navy SEALs 1-26 v. Austin

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An Order in U.S. Navy SEALs 1-26, et al. v. Lloyd J. Austin, III, et al., Civil Action No. 4:21-cv-01236-O, in the Northern District of Texas, Fort Worth Division, filed June 8, 2022 as Document 179. It addresses Plaintiffs' Emergency Motion for Order Requiring Compliance with Preliminary Injunction (ECF No. 169), in which Plaintiffs allege SEAL 1 and SEAL 10 had orders to travel to Alaska for Annual Training. The Court determines that the Emergency Motion is MOOT because the opportunity to participate in the Alaska training has passed. The order states that SEAL 10 has been offered an alternative Annual Training opportunity near San Diego. The signature block names Reed O'Connor, United States District Judge.

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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-26, et al.,
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     Plaintiffs,
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v.
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Civil Action No. 4:21-cv-01236-O

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LLOYD J. AUSTIN, III, et al.,
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     Defendants.
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ORDER

Before the Court is Plaintiffs’ Emergency Motion for Order Requiring Compliance with
Preliminary Injunction (ECF No. 169), filed at 6:58 p.m. on Friday, June 3, 2022. Defendants
responded on Monday, June 6 (ECF No. 171), and Plaintiffs replied on Tuesday, June 7 (ECF No.
173).
In the Emergency Motion, Plaintiffs allege that “SEAL 1 and SEAL 10 have orders to
travel this weekend to Alaska for planned Annual Training at Naval Special Warfare Cold Weather
Detachment Kodiak.” Mot. 1, ECF No. 169. The SEALs’ command cancelled their travel
authorization due to their unvaccinated status. Id. Plaintiffs seek emergency relief and ask the
Court to “allow SEAL 1 and SEAL 10 to travel to the Naval Special Warfare Cold Weather
Detachment Kodiak for Annual Training with SEAL Team 17.” Pls.’ Proposed Order, ECF No.
169-1.
The opportunity has passed for SEAL 1 and SEAL 10 to participate in this Alaska training,
and the Court determines that the Emergency Motion is MOOT. SEAL 1’s departure would have
been Saturday, June 4, 2022, and SEAL 10’s departure would have been Sunday, June 5, 2022.
Mot. 1, ECF No. 169. Moreover, the parties provide evidence that both SEALs will have the
Case 4:21-cv-01236-O   Document 179   Filed 06/08/22    Page 1 of 2   PageID 5429
Case 4:21-cv-01236-O   Document 179   Filed 06/08/22    Page 1 of 2   PageID 5429

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opportunity to fulfill their Annual Training requirement in a timely manner, avoiding the harms
that Plaintiffs suggest (e.g. loss of retirement credits and promotional opportunities). SEAL 10 has
been offered an alternative Annual Training opportunity near San Diego. Defs.’ Resp. 4, ECF No.
171. And SEAL 1’s commanding officer anticipates that he will be able to complete his Annual
Training remotely. Pls.’ Reply 3, ECF No. 173. But even if SEALs 1 and 10 believe these substitute
trainings are inadequate, the relief they seek in the Emergency Motion cannot be afforded because
the window has closed.

SO ORDERED on this 8th day of June, 2022.

Case 4:21-cv-01236-O   Document 179   Filed 06/08/22    Page 2 of 2   PageID 5430
Case 4:21-cv-01236-O   Document 179   Filed 06/08/22    Page 2 of 2   PageID 5430
_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE

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