First Motion To Compel
- Date
- 2022-06-07
Summary
Defendants' Appendix in Support of Defendants' First Motion to Compel, filed 08/18/22 as Document 193 in Navy SEALs 1-3, et al. v. Lloyd Austin, III, Case No. 4:21-cv-01236-O, in the U.S. District Court for the Northern District of Texas. The 780-page appendix opens with a table of 16 exhibits by Bates range, including interrogatories and requests for production sent to plaintiffs, plaintiffs' responses, a meet-and-confer email thread and excerpts of a preliminary injunction hearing transcript. Exhibit DEX1 is a June 7, 2022 email from Senior Trial Counsel Amy E. Powell attaching one set of interrogatories per plaintiff. The first set, to Plaintiff Navy Diver 1, asks about religious beliefs, the request for exemption from the COVID-19 vaccination requirement, claimed adverse consequences and less restrictive alternatives. The appendix also reproduces requests for production.
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Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 1 of 780 PageID 5523
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
NAVY SEALS 1-3, et al.,
Plaintiffs,
v. Case No. 4:21-cv-01236-O
LLOYD AUSTIN, III, in his official capacity as
Secretary of Defense, et al.,
Defendants.
DEFENDANTS’ APPENDIX IN SUPPORT OF DEFENDANTS’
FIRST MOTION TO COMPEL
Table of Appendix
Bates Stamps Exhibit Description
App.000001–App.000274 DEX1 Email from A. Powell to A. Stephens, attaching 35 sets of
Interrogatories (June 7, 2022).
App.000275–App.000557 DEX2 Email from A. Powell to A. Stephens, attaching 35 sets of
Requests for Production (“RFPs”) (June 10, 2022).
App.000558–App.000573 DEX3 SEAL1 Responses to Interrogatories (July 7, 2022).
App.000574–App.000589 DEX4 SEAL2 Responses to Interrogatories (July 7, 2022).
App.000590–App.000604 DEX5 SEAL3 Responses to Interrogatories (July 7, 2022).
App.000605–App.000623 DEX6 EOD1 Responses to Interrogatories (July 7, 2022).
App.000624–App.000629 DEX7 Non-Class Representative Plaintiffs’ Responses to
Interrogatories (July 7, 2022).
App.000630–App.000635 DEX8 Non-Class Representative Plaintiffs’ Responses to RFPs
(July 11, 2022).
App.000636–App.000648 DEX9 SEAL1 Responses to RFPs (July 11, 2022).
App.000649–App.000661 DEX10 SEAL2 Responses to RFPs (July 11, 2022).
App.000662–App.000674 DEX11 SEAL3 Responses to RFPs (July 11, 2022).
App.000675–App.000687 DEX12 EOD1 Responses to RFPs (July 11, 2022).
App.000688–App.000702 DEX13 Email Thread July 20-August 16, 2022 re: meet and confer
App.000703–App.000709 DEX14 SEAL2 Supplemental Responses to Interrogatories (August
12, 2022).
App.000710–App.000716 DEX15 Plaintiffs’ Initial Disclosures (April 29, 2022).
App.000717–App.000778 DEX16 Excerpts from Redacted Transcript of PI Hearing, pages 1-
40, 80-100 (Dec. 20, 2021).
Dated: August 18, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 2 of 780 PageID 5524
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL (VA Bar. No. 76578)
AMY E. POWELL
Senior Trial Counsel
STUART J. ROBINSON
Senior Counsel
ZACHARY A. AVALLONE
LIAM C. HOLLAND
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 3 of 780 PageID 5525
DEX1
Defs.' Mot. to Compel App.000001
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 4 of 780 PageID 5526
From: Powell, Amy (CIV)
To: Andrew Stephens
Cc: Carmichael, Andrew E. (CIV); Heather Hacker; Mike Berry; Danielle Runyan; Justin Butterfield; Holly Randall;
Snyder, Cassandra M (CIV); Avallone, Zachary A. (CIV); Yang, Catherine M (CIV)
Subject: RE: [EXTERNAL] RE: Navy SEALs 1-26 v. Biden, 4:21-cv-01236-O - Defs 1st Set of Interrogatories
Date: Tuesday, June 07, 2022 2:25:09 PM
Attachments: Defs" First Set of Interrogatories to Pls Navy Diver 1.pdf
Defs" First Set of Interrogatories to Pls Navy Diver 2.pdf
Defs" First Set of Interrogatories to Pls Navy Diver 3.pdf
Defs" First Set of Interrogatories to Pls Navy Explosive Ordinance Disposal Technician 1.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 1.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 2.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 3.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 4.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 5.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 6.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 7.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 8.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 9.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 10.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 11.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 12.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 13.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 14.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 15.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 16.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 17.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 18.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 19.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 20.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 21.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 22.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 23.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 24.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 25.pdf
Defs" First Set of Interrogatories to Pls Navy Seal 26.pdf
Defs" First Set of Interrogatories to Pls Navy Special Warfare Combatant Craft Crewman 1.pdf
Defs" First Set of Interrogatories to Pls Navy Special Warfare Combatant Craft Crewman 2.pdf
Defs" First Set of Interrogatories to Pls Navy Special Warfare Combatant Craft Crewman 3.pdf
Defs" First Set of Interrogatories to Pls Navy Special Warfare Combatant Craft Crewman 4.pdf
Defs" First Set of Interrogatories to Pls Navy Special Warfare Combatant Craft Crewman 5.pdf
Please see attached interrogatories, one set as to each Plaintiff.
Amy Elizabeth Powell
Senior Trial Counsel, Federal Programs Branch
Civil Division, Department of Justice
150 Fayetteville St, Suite 2100
Raleigh, NC 27601
Phone: 919-856-4013
Email: amy.powell@usdoj.gov
Defs.' Mot. to Compel App.000002
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 5 of 780 PageID 5527
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. Navy Diver 1
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy Diver 1.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000003
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 6 of 780 PageID 5528
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000004
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 7 of 780 PageID 5529
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000005
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 8 of 780 PageID 5530
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy Diver 1.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000006
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 9 of 780 PageID 5531
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000007
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 10 of 780 PageID 5532
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000008
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 11 of 780 PageID 5533
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000009
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 12 of 780 PageID 5534
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000010
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 13 of 780 PageID 5535
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY DIVER 2
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy Diver 2.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000011
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 14 of 780 PageID 5536
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000012
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 15 of 780 PageID 5537
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000013
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 16 of 780 PageID 5538
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy Diver 2.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000014
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 17 of 780 PageID 5539
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000015
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 18 of 780 PageID 5540
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000016
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 19 of 780 PageID 5541
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000017
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 20 of 780 PageID 5542
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000018
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 21 of 780 PageID 5543
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY DIVER 3
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy Diver 3.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000019
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 22 of 780 PageID 5544
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000020
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 23 of 780 PageID 5545
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000021
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 24 of 780 PageID 5546
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy Diver 3.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000022
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 25 of 780 PageID 5547
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000023
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 26 of 780 PageID 5548
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000024
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 27 of 780 PageID 5549
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000025
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 28 of 780 PageID 5550
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000026
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 29 of 780 PageID 5551
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 1
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 1.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000027
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 30 of 780 PageID 5552
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000028
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 31 of 780 PageID 5553
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000029
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 32 of 780 PageID 5554
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of
these interrogatories shall mean Plaintiff Navy SEAL 1.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000030
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 33 of 780 PageID 5555
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000031
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 34 of 780 PageID 5556
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000032
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 35 of 780 PageID 5557
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000033
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 36 of 780 PageID 5558
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000034
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 37 of 780 PageID 5559
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 2
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 2.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000035
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 38 of 780 PageID 5560
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000036
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 39 of 780 PageID 5561
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000037
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 40 of 780 PageID 5562
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 2.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000038
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 41 of 780 PageID 5563
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000039
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 42 of 780 PageID 5564
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000040
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 43 of 780 PageID 5565
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000041
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 44 of 780 PageID 5566
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000042
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 45 of 780 PageID 5567
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 3
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 3.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000043
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 46 of 780 PageID 5568
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000044
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 47 of 780 PageID 5569
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000045
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 48 of 780 PageID 5570
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 3.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000046
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 49 of 780 PageID 5571
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000047
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 50 of 780 PageID 5572
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000048
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 51 of 780 PageID 5573
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000049
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 52 of 780 PageID 5574
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000050
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 53 of 780 PageID 5575
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 4
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 4.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000051
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 54 of 780 PageID 5576
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000052
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 55 of 780 PageID 5577
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000053
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 56 of 780 PageID 5578
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 4.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000054
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 57 of 780 PageID 5579
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000055
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 58 of 780 PageID 5580
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000056
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 59 of 780 PageID 5581
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000057
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 60 of 780 PageID 5582
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000058
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 61 of 780 PageID 5583
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 5
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 5.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000059
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 62 of 780 PageID 5584
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000060
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 63 of 780 PageID 5585
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000061
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 64 of 780 PageID 5586
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 5.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000062
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 65 of 780 PageID 5587
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000063
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 66 of 780 PageID 5588
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000064
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 67 of 780 PageID 5589
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000065
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 68 of 780 PageID 5590
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000066
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 69 of 780 PageID 5591
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 6
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 6.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000067
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 70 of 780 PageID 5592
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000068
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 71 of 780 PageID 5593
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000069
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 72 of 780 PageID 5594
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 6.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000070
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 73 of 780 PageID 5595
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000071
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 74 of 780 PageID 5596
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000072
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 75 of 780 PageID 5597
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000073
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 76 of 780 PageID 5598
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000074
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 77 of 780 PageID 5599
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 7
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 7.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000075
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 78 of 780 PageID 5600
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000076
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 79 of 780 PageID 5601
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000077
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 80 of 780 PageID 5602
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 7.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000078
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 81 of 780 PageID 5603
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000079
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 82 of 780 PageID 5604
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000080
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 83 of 780 PageID 5605
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000081
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 84 of 780 PageID 5606
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000082
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 85 of 780 PageID 5607
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 8
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 8.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000083
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 86 of 780 PageID 5608
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000084
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 87 of 780 PageID 5609
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000085
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 88 of 780 PageID 5610
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 8.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000086
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 89 of 780 PageID 5611
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000087
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 90 of 780 PageID 5612
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000088
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 91 of 780 PageID 5613
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000089
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 92 of 780 PageID 5614
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000090
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 93 of 780 PageID 5615
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 9
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 9.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000091
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 94 of 780 PageID 5616
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000092
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 95 of 780 PageID 5617
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000093
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 96 of 780 PageID 5618
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 9.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000094
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 97 of 780 PageID 5619
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000095
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 98 of 780 PageID 5620
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000096
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 99 of 780 PageID 5621
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000097
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 100 of 780 PageID 5622
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000098
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 101 of 780 PageID 5623
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 10
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 10.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000099
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 102 of 780 PageID 5624
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000100
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 103 of 780 PageID 5625
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000101
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 104 of 780 PageID 5626
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 10.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000102
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 105 of 780 PageID 5627
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000103
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 106 of 780 PageID 5628
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000104
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 107 of 780 PageID 5629
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000105
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 108 of 780 PageID 5630
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000106
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 109 of 780 PageID 5631
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 11
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 11.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000107
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 110 of 780 PageID 5632
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000108
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 111 of 780 PageID 5633
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000109
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 112 of 780 PageID 5634
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 11.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000110
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 113 of 780 PageID 5635
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000111
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 114 of 780 PageID 5636
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000112
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 115 of 780 PageID 5637
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000113
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 116 of 780 PageID 5638
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000114
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 117 of 780 PageID 5639
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 12
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 12.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000115
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 118 of 780 PageID 5640
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000116
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 119 of 780 PageID 5641
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000117
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 120 of 780 PageID 5642
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 12.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000118
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 121 of 780 PageID 5643
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000119
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 122 of 780 PageID 5644
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000120
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 123 of 780 PageID 5645
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000121
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 124 of 780 PageID 5646
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000122
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 125 of 780 PageID 5647
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 13
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 13.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000123
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 126 of 780 PageID 5648
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000124
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 127 of 780 PageID 5649
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000125
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 128 of 780 PageID 5650
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 13.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000126
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 129 of 780 PageID 5651
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000127
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 130 of 780 PageID 5652
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000128
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 131 of 780 PageID 5653
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000129
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 132 of 780 PageID 5654
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000130
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 133 of 780 PageID 5655
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 14
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 14.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000131
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 134 of 780 PageID 5656
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000132
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 135 of 780 PageID 5657
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000133
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 136 of 780 PageID 5658
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 14.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000134
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 137 of 780 PageID 5659
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000135
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 138 of 780 PageID 5660
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000136
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 139 of 780 PageID 5661
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000137
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 140 of 780 PageID 5662
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000138
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 141 of 780 PageID 5663
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 15
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 15.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000139
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 142 of 780 PageID 5664
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000140
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 143 of 780 PageID 5665
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000141
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 144 of 780 PageID 5666
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 15.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000142
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 145 of 780 PageID 5667
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000143
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 146 of 780 PageID 5668
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000144
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 147 of 780 PageID 5669
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000145
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 148 of 780 PageID 5670
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000146
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 149 of 780 PageID 5671
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 16
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 16.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000147
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 150 of 780 PageID 5672
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000148
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 151 of 780 PageID 5673
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000149
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 152 of 780 PageID 5674
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 16.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000150
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 153 of 780 PageID 5675
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000151
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 154 of 780 PageID 5676
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000152
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 155 of 780 PageID 5677
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000153
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 156 of 780 PageID 5678
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000154
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 157 of 780 PageID 5679
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 17
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 17.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000155
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 158 of 780 PageID 5680
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000156
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 159 of 780 PageID 5681
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000157
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 160 of 780 PageID 5682
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 17.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000158
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 161 of 780 PageID 5683
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000159
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 162 of 780 PageID 5684
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000160
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 163 of 780 PageID 5685
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000161
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 164 of 780 PageID 5686
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000162
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 165 of 780 PageID 5687
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 18
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 18.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000163
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 166 of 780 PageID 5688
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000164
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 167 of 780 PageID 5689
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000165
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 168 of 780 PageID 5690
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 18.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000166
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 169 of 780 PageID 5691
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000167
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 170 of 780 PageID 5692
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000168
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 171 of 780 PageID 5693
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000169
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 172 of 780 PageID 5694
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000170
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 173 of 780 PageID 5695
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 19
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 19.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000171
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 174 of 780 PageID 5696
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000172
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 175 of 780 PageID 5697
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000173
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 176 of 780 PageID 5698
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 19.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000174
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 177 of 780 PageID 5699
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000175
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 178 of 780 PageID 5700
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000176
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 179 of 780 PageID 5701
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000177
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 180 of 780 PageID 5702
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000178
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 181 of 780 PageID 5703
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 20
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 20.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000179
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 182 of 780 PageID 5704
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000180
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 183 of 780 PageID 5705
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000181
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 184 of 780 PageID 5706
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 20.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000182
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 185 of 780 PageID 5707
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000183
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 186 of 780 PageID 5708
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000184
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 187 of 780 PageID 5709
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000185
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 188 of 780 PageID 5710
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000186
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 189 of 780 PageID 5711
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 21
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 21.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000187
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 190 of 780 PageID 5712
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000188
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 191 of 780 PageID 5713
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000189
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 192 of 780 PageID 5714
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 21.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000190
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 193 of 780 PageID 5715
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000191
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 194 of 780 PageID 5716
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000192
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 195 of 780 PageID 5717
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000193
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 196 of 780 PageID 5718
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000194
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 197 of 780 PageID 5719
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 22
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 22.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000195
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 198 of 780 PageID 5720
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000196
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 199 of 780 PageID 5721
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000197
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 200 of 780 PageID 5722
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 22.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000198
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 201 of 780 PageID 5723
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000199
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 202 of 780 PageID 5724
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000200
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 203 of 780 PageID 5725
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000201
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 204 of 780 PageID 5726
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000202
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 205 of 780 PageID 5727
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 23
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 23.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000203
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 206 of 780 PageID 5728
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000204
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 207 of 780 PageID 5729
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000205
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 208 of 780 PageID 5730
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 23.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000206
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 209 of 780 PageID 5731
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000207
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 210 of 780 PageID 5732
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000208
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 211 of 780 PageID 5733
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000209
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 212 of 780 PageID 5734
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000210
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 213 of 780 PageID 5735
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 24
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 24.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000211
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 214 of 780 PageID 5736
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000212
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 215 of 780 PageID 5737
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000213
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 216 of 780 PageID 5738
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 24.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000214
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 217 of 780 PageID 5739
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000215
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 218 of 780 PageID 5740
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000216
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 219 of 780 PageID 5741
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000217
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 220 of 780 PageID 5742
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000218
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 221 of 780 PageID 5743
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 25
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 25.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000219
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 222 of 780 PageID 5744
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000220
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 223 of 780 PageID 5745
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000221
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 224 of 780 PageID 5746
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 25.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000222
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 225 of 780 PageID 5747
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000223
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 226 of 780 PageID 5748
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000224
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 227 of 780 PageID 5749
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000225
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 228 of 780 PageID 5750
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000226
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 229 of 780 PageID 5751
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SEAL 26
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy SEAL 26.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000227
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 230 of 780 PageID 5752
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000228
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 231 of 780 PageID 5753
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000229
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 232 of 780 PageID 5754
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy SEAL 26.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000230
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 233 of 780 PageID 5755
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000231
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 234 of 780 PageID 5756
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000232
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 235 of 780 PageID 5757
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000233
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 236 of 780 PageID 5758
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000234
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 237 of 780 PageID 5759
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SPECIAL WARFARE COMBATANT CRAFT CREWMEN 1
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy Special Warfare Combatant Craft Crewman 1.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000235
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 238 of 780 PageID 5760
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000236
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 239 of 780 PageID 5761
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000237
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 240 of 780 PageID 5762
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy Special Warfare Combatant Craft Crewman 1.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000238
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 241 of 780 PageID 5763
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000239
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 242 of 780 PageID 5764
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000240
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 243 of 780 PageID 5765
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000241
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 244 of 780 PageID 5766
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000242
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 245 of 780 PageID 5767
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SPECIAL WARFARE COMBATANT CRAFT CREWMEN 2
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy Special Warfare Combatant Craft Crewman 2.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000243
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 246 of 780 PageID 5768
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000244
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 247 of 780 PageID 5769
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000245
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 248 of 780 PageID 5770
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy Special Warfare Combatant Craft Crewman 2.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000246
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 249 of 780 PageID 5771
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000247
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 250 of 780 PageID 5772
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000248
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 251 of 780 PageID 5773
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000249
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 252 of 780 PageID 5774
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000250
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 253 of 780 PageID 5775
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SPECIAL WARFARE COMBATANT CRAFT CREWMEN 3
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy Special Warfare Combatant Craft Crewman 3.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000251
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 254 of 780 PageID 5776
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000252
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 255 of 780 PageID 5777
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000253
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 256 of 780 PageID 5778
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy Special Warfare Combatant Craft Crewman 3.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000254
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 257 of 780 PageID 5779
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000255
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 258 of 780 PageID 5780
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000256
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 259 of 780 PageID 5781
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000257
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 260 of 780 PageID 5782
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000258
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 261 of 780 PageID 5783
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SPECIAL WARFARE COMBATANT CRAFT CREWMEN 4
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy Special Warfare Combatant Craft Crewman 4.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000259
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 262 of 780 PageID 5784
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000260
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 263 of 780 PageID 5785
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000261
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 264 of 780 PageID 5786
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy Special Warfare Combatant Craft Crewman 4.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000262
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 265 of 780 PageID 5787
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000263
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 266 of 780 PageID 5788
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000264
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 267 of 780 PageID 5789
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000265
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 268 of 780 PageID 5790
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000266
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 269 of 780 PageID 5791
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF INTERROGATORIES
TO PLAINTIFF U.S. NAVY SPECIAL WARFARE COMBATANT CRAFT CREWMEN 5
Pursuant to Federal Rules of Civil Procedure 26 and 33, Defendants, by and through
their undersigned counsel, hereby respectfully propound their first set of interrogatories upon
Plaintiff Navy Special Warfare Combatant Craft Crewman 5.
INSTRUCTIONS
1. When asked to answer an interrogatory, the request is for information within your
actual or constructive control. Your answers must therefore include not only information
availa-ble to you, but also that is available to your attorneys, associates, employees,
representatives, agents, and all other persons acting under, by, or through you, or subject to your
control or super-vision, or acting on your behalf.
1
Defs.' Mot. to Compel App.000267
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 270 of 780 PageID 5792
2. If you cannot fully and completely answer an interrogatory, please provide the
facts you rely upon in support of your contention that you cannot do so. To the extent an inter-
rogatory is not answered because of an assertion of privilege, please state the specific privilege
relied upon and support the claim of privilege with a statement of particulars sufficient to enable
the Court to assess its validity consistent with Federal Rule of Civil Procedure 26. If you object
to answering only part of an interrogatory, please answer that part you do not object to answering
and indicate what portion of the interrogatory to which your assertion of privilege extends.
3. If, in response to one or more of the interrogatories, you produce or identify any
document(s) pursuant to Federal Rule of Civil Procedure 33(d), please identify the document(s)
with specificity and indicate to which interrogatory or part thereof the document responds.
4. These interrogatories are to be deemed continuing to the full extent allowed by
law.
5. Pursuant to Federal Rule of Civil Procedure 33(b), you must sign a declaration af-
firming the accuracy of your answers to the interrogatories.
6. Please forward the answers to undersigned counsel at the address below no
later than thirty (30) days from date of service.
2
Defs.' Mot. to Compel App.000268
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 271 of 780 PageID 5793
DEFINITIONS
For purposes of these interrogatories, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form) in Plaintiffs’ possession, custody, knowledge, or control, including Plaintiffs’
attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Unit” means the military command you were assigned to on the date you sub-
mitted your request to be exempted from DoD’s and the Navy’s COVID-19 vaccination require-
ment based on your religious beliefs.
4. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
5. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
3
Defs.' Mot. to Compel App.000269
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 272 of 780 PageID 5794
6. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Plaintiffs in this action.
7. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of these
interrogatories shall mean Plaintiff Navy Special Warfare Combatant Craft Crewman 5.
8. “Plaintiffs” (without specific designation) shall mean U.S. Navy SEAL 1, U.S.
Navy SEAL 2, U.S. Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6,
U.S. Navy SEAL 7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy
SEAL 11, U.S. Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15,
U.S. Navy SEAL 16, U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy
SEAL 20, U.S. Navy SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24,
U.S. Navy SEAL 25, U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician
1, U.S. Navy Special Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combat-
ant Craft Crewman 2, U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Spe-
cial Warfare Combatant Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman
5, U.S. Navy Diver 1, U.S. Navy Diver 2, and U.S. Navy Diver 3.
9. “And” and “or” shall be construed conjunctively and disjunctively.
10. “Each” means each and every.
11. “Date” means day, month, and year.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
4
Defs.' Mot. to Compel App.000270
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 273 of 780 PageID 5795
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
tense, and vice versa.
INTERROGATORIES
INTERROGATORY NO. 1:
Please identify each individual who has assisted you in preparing your responses to these
interrogatories.
INTERROGATORY NO. 2:
Please identify all documents that you consulted in preparing your responses to these in-
terrogatories.
INTERROGATORY NO. 3:
Please describe in detail the nature of your religious beliefs, how and when you began to
subscribe or adhere to these religious beliefs, and how you practice these beliefs in your daily
life, including, in particular, how you identify and avoid the use, consumption, or ingestion of, or
vaccination with, products─including, but not limited to, foods, consumer goods, cosmetics, pre-
scription or over-the-counter medications, or vaccines other than the COVID-19 vaccine─con-
taining, manufactured or developed with, and/or tested using aborted fetal tissue or cells.
INTERROGATORY NO. 4:
Please identify each individual who has assisted you in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
5
Defs.' Mot. to Compel App.000271
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 274 of 780 PageID 5796
beliefs.
INTERROGATORY NO. 5:
Please identify all documents that you consulted in preparing your request to be ex-
empted from DoD’s and the Navy’s COVID-19 vaccination requirement based on your religious
beliefs.
INTERROGATORY NO. 6:
Please describe in detail each and every reason why you believe receiving a COVID-19
vaccination is contrary to your religious beliefs.
INTERROGATORY NO. 7:
Please describe in detail each and every reason why you believe DoD and the Navy’s re-
quirement for you to receive the COVID-19 vaccination substantially burdens your religious be-
liefs.
INTERROGATORY NO. 8:
Please describe in detail all research, inquiry and other methods you used to determine
that DoD and the Navy’s COVID-19 vaccination requirement is contrary to your religious be-
liefs, including identification of all sources consulted (including written, recorded, or digital ma-
terial, authorities, experts, or individuals, as well as verbal sources), the dates of consultation,
and the substance of the information consulted.
INTERROGATORY NO. 9:
Please explain in detail each and every reason why you believe DoD and the Navy do not
have a compelling government interest in ensuring you receive a COVID-19 vaccination.
INTERROGATORY NO. 10:
Please describe in detail each and every adverse consequence you claim to have suffered
6
Defs.' Mot. to Compel App.000272
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 275 of 780 PageID 5797
as a result of your request for religious accommodation, including the reasons why you believe it
to be a result of the request for religious accommodation. With respect to each alleged conse-
quence, identify at least relevant dates, documents, witnesses, and events.
INTERROGATORY NO. 11:
Please describe in detail each and every means available to prevent you from being
infected or ill with COVID-19 that you believe are less restrictive than the COVID-19 vaccine,
and why you believe they are effective.
INTERROGATORY NO. 12:
Please describe in detail each and every means available to prevent the spread of COVID-
19 within your unit that you believe are less restrictive than the COVID-19 vaccine, and why you
believe they are effective.
INTERROGATORY NO. 13:
Please identify each and every Healthcare Provider from whom you have received medi-
cal evaluation, treatment, care, or medication, at any time within the last five years, and the na-
ture of the medical evaluation, treatment, care, or medication sought and provided.
Dated: June 7, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
7
Defs.' Mot. to Compel App.000273
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 276 of 780 PageID 5798
ZACHARY A. AVALLONE
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email
on June 7, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000274
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 277 of 780 PageID 5799
DEX2
Defs.' Mot. to Compel App.000275
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 278 of 780 PageID 5800
From: Powell, Amy (CIV)
To: Andrew Stephens
Cc: Carmichael, Andrew E. (CIV); Heather Hacker; Mike Berry; Danielle Runyan; Justin Butterfield; Holly Randall;
Snyder, Cassandra M (CIV); Avallone, Zachary A. (CIV); Yang, Catherine M (CIV)
Subject: RE: [EXTERNAL] RE: Navy SEALs 1-26 v. Biden, 4:21-cv-01236-O - Defs 1st Set of RFPs
Date: Friday, June 10, 2022 4:14:42 PM
Attachments: Defs" First Set of RFPs to Pls Navy Diver 1.pdf
Defs" First Set of RFPs to Pls Navy Diver 2.pdf
Defs" First Set of RFPs to Pls Navy Diver 3.pdf
Defs" First Set of RFPs to Pls Navy Explosive Ordinance Disposal Technician 1.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 1.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 2.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 3.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 4.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 5.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 6.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 7.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 8.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 9.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 10.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 11.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 12.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 13.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 14.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 15.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 16.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 17.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 18.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 19.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 20.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 21.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 22.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 23.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 24.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 25.pdf
Defs" First Set of RFPs to Pls NAVY SEAL 26.pdf
Defs" First Set of RFPs to Pls Navy Special Warfare Combatant Craft Crewman 1.pdf
Defs" First Set of RFPs to Pls Navy Special Warfare Combatant Craft Crewman 2.pdf
Defs" First Set of RFPs to Pls Navy Special Warfare Combatant Craft Crewman 3.pdf
Defs" First Set of RFPs to Pls Navy Special Warfare Combatant Craft Crewman 4.pdf
Defs" First Set of RFPs to Pls Navy Special Warfare Combatant Craft Crewman 5.pdf
Please see attached requests for production, one set as to each Plaintiff.
Regards,
Amy Elizabeth Powell
Senior Trial Counsel, Federal Programs Branch
Civil Division, Department of Justice
150 Fayetteville St, Suite 2100
Raleigh, NC 27601
Phone: 919-856-4013
Email: amy.powell@usdoj.gov
From: Powell, Amy (CIV)
Sent: Tuesday, June 07, 2022 2:25 PM
To: Andrew Stephens <andrew@hackerstephens.com>
Cc: Carmichael, Andrew E. (CIV) <Andrew.E.Carmichael@usdoj.gov>; Heather Hacker
<heather@hackerstephens.com>; Mike Berry <mberry@firstliberty.org>; Danielle Runyan
Defs.' Mot. to Compel App.000276
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 279 of 780 PageID 5801
<drunyan@firstliberty.org>; Justin Butterfield <jbutterfield@firstliberty.org>; Holly Randall
<hrandall@firstliberty.org>; Snyder, Cassandra M (CIV) <Cassandra.M.Snyder@usdoj.gov>; Avallone,
Zachary A. (CIV) <Zachary.A.Avallone@usdoj.gov>; Yang, Catherine M (CIV)
<Catherine.M.Yang@usdoj.gov>
Subject: RE: [EXTERNAL] RE: Navy SEALs 1-26 v. Biden, 4:21-cv-01236-O - Defs 1st Set of
Interrogatories
Please see attached interrogatories, one set as to each Plaintiff.
Amy Elizabeth Powell
Senior Trial Counsel, Federal Programs Branch
Civil Division, Department of Justice
150 Fayetteville St, Suite 2100
Raleigh, NC 27601
Phone: 919-856-4013
Email: amy.powell@usdoj.gov
Defs.' Mot. to Compel App.000277
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 280 of 780 PageID 5802
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO
PLAINTIFF U.S. NAVY DIVER 1
Pursuant to Federal Rules of Civil Procedure 26 and 34, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for production of
documents upon Plaintiff Navy Diver 1.
INSTRUCTIONS
1. When asked to produce a document, the request is for information within your ac-
tual or constructive control. Your answers must therefore include not only information available
to you, but also that is available to your attorneys, associates, employees, representatives, agents,
and all other persons acting under, by, or through you, or subject to your control or supervision,
or acting on your behalf.
1
Defs.' Mot. to Compel App.000278
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 281 of 780 PageID 5803
2. If you cannot produce a requested document (including, inter alia, because it was
lost or destroyed), please provide the facts you rely upon in support of your contention that you
cannot do so. To the extent a document is not produced because of an assertion of privilege,
please state the specific privilege relied upon and support the claim of privilege with a statement
of particulars sufficient to enable the Court to assess its validity consistent with Federal Rule of
Civil Procedure 26. If you object to producing only part of a requested document, please pro-
duce that portion of the document you do not object to producing and indicate what portion you
have withheld based on an assertion of privilege.
3. These document production requests are to be deemed continuing to the full ex-
tent allowed by law.
4. Unless specified otherwise in a specific Request, the time period for these Re-
quests is August 23, 2021 to the present.
5. Please forward the documents to undersigned counsel at the address below no
later than thirty (30) days from date of service.
DEFINITIONS
For purposes of these requests for production, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form, such as (but not limited to) text messages, email, posts on social media, and
posts on blogs, internet message boards, chat rooms, or other public fora) in Plaintiffs’ posses-
sion, custody, knowledge, or control, including Plaintiffs’ attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
2
Defs.' Mot. to Compel App.000279
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 282 of 780 PageID 5804
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
4. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
5. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Navy Seal 1 in this action, including those served concurrently with this set of requests for pro-
duction.
6. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of
these interrogatories shall mean Plaintiff Navy Diver 1.
7. “Plaintiffs’” (without specific designation) shall mean the plaintiffs currently pro-
ceeding anonymously in this action, including: U.S. Navy SEAL 1, U.S. Navy SEAL 2, U.S.
Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6, U.S. Navy SEAL
7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy SEAL 11, U.S.
Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15, U.S. Navy
SEAL 16,
3
Defs.' Mot. to Compel App.000280
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 283 of 780 PageID 5805
U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy SEAL 20, U.S. Navy
SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24, U.S. Navy SEAL 25,
U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician 1, U.S. Navy Special
Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combatant Craft Crewman 2,
U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Special Warfare Combatant
Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman 5, U.S. Navy Diver 1,
U.S. Navy Diver 2, and U.S. Navy Diver 3.
8. “And” and “or” shall be construed conjunctively and disjunctively.
9. “Each” means each and every.
10. “Date” means day, month, and year.
11. “Known to you” and “knowledge of” mean all matters known to you, your attor-
neys, agents, representatives, employees, or to anyone subject to your control or supervision, or
acting on your behalf.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
4
Defs.' Mot. to Compel App.000281
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 284 of 780 PageID 5806
tense, and vice versa.
REQUESTS FOR PRODUCTION
REQUEST FOR PRODUCTION NO. 1:
Any and all documents identified in Plaintiffs’ initial disclosures in this action, without
regard to date limitations.
REQUEST FOR PRODUCTION NO. 2:
Any and all documents used, consulted or referred to in preparing any and all of the dec-
larations you have submitted in this action, including but not limited to declarations submitted in
connection with the Plaintiffs’ Motion for a Preliminary Injunction, the Plaintiffs’ Motion for a
Protective Order, and the Plaintiffs’ Motion for an Order to Show Cause.
REQUEST FOR PRODUCTION NO. 3:
Any and all documents identified in response to Defendants’ interrogatories in this ac-
tion.
REQUEST FOR PRODUCTION NO. 4:
Any and all documents used, consulted or referred to in responding to Defendants’ inter-
rogatories in this action.
REQUEST FOR PRODUCTION NO. 5:
Any and all documents used or consulted in forming your religious beliefs regarding the
COVID-19 vaccination, including, but not limited to, correspondence with religious leaders or
organizations, and with persons or organizations opposed to COVID-19 vaccination.
REQUEST FOR PRODUCTION NO. 6
To the extent not included in your request for religious accommodation or appeal, any
5
Defs.' Mot. to Compel App.000282
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 285 of 780 PageID 5807
and all documents that describe, relate, refer to, reflect, or support the allegations in the Com-
plaint regarding your sincerely held religious beliefs from the time period August 1, 2019 to the
present.
REQUEST FOR PRODUCTION NO. 7:
To the extent not included in your request for religious accommodation or appeal, any
and all documents that describe, relate, refer to, reflect, or support the allegations in the Com-
plaint regarding the substantial burden posed by DoD and the Navy’s COVID-19 vaccination re-
quirement on your sincerely held religious beliefs.
REQUEST FOR PRODUCTION NO. 8:
Any and all documents that describe, relate, refer to, or reflect any posts you have made
on social media (e.g., Facebook, Twitter, Instagram, LinkedIn, YouTube, TikTok, Parler, Gab,
Gettr, Truth Social), blogs, internet message boards, chat rooms, or other public forums online
regarding your religious beliefs, the COVID-19 vaccines, or DoD/Navy’s COVID-19 vaccina-
tion requirement.
REQUEST FOR PRODUCTION NO. 9:
Please produce each and every document that refers, reflects, or relates to your medical
evaluation, treatment, care, or medication by a Healthcare Provider, at any time within the last
five years, including all medical records of such care, and all medical records reflecting your re-
ceipt of vaccinations (without regard to date).
6
Defs.' Mot. to Compel App.000283
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 286 of 780 PageID 5808
REQUEST FOR PRODUCTION NO. 10:
In lieu of producing medical records described in RFP 9 that are held by a DoD compo-
nent, you may produce a fully executed DD Form 2870 authorizing release of the requested rec-
ords to Government counsel in this action. The DD Form 2870 can be found here:
https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2870.pdf
Dated: June 10, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
ZACHARY A. AVALLONE
COURTNEY D. ENLOW
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (919) 856-4013
Fax: (202) 616-8470
Email: amy.powell@usdoj.gov
Counsel for Defendants
7
Defs.' Mot. to Compel App.000284
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 287 of 780 PageID 5809
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
June 10, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000285
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 288 of 780 PageID 5810
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO
PLAINTIFF U.S. NAVY DIVER 2
Pursuant to Federal Rules of Civil Procedure 26 and 34, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for production of
documents upon Plaintiff Navy Diver 2.
INSTRUCTIONS
1. When asked to produce a document, the request is for information within your ac-
tual or constructive control. Your answers must therefore include not only information available
to you, but also that is available to your attorneys, associates, employees, representatives, agents,
and all other persons acting under, by, or through you, or subject to your control or supervision,
or acting on your behalf.
1
Defs.' Mot. to Compel App.000286
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 289 of 780 PageID 5811
2. If you cannot produce a requested document (including, inter alia, because it was
lost or destroyed), please provide the facts you rely upon in support of your contention that you
cannot do so. To the extent a document is not produced because of an assertion of privilege,
please state the specific privilege relied upon and support the claim of privilege with a statement
of particulars sufficient to enable the Court to assess its validity consistent with Federal Rule of
Civil Procedure 26. If you object to producing only part of a requested document, please pro-
duce that portion of the document you do not object to producing and indicate what portion you
have withheld based on an assertion of privilege.
3. These document production requests are to be deemed continuing to the full ex-
tent allowed by law.
4. Unless specified otherwise in a specific Request, the time period for these Re-
quests is August 23, 2021 to the present.
5. Please forward the documents to undersigned counsel at the address below no
later than thirty (30) days from date of service.
DEFINITIONS
For purposes of these requests for production, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form, such as (but not limited to) text messages, email, posts on social media, and
posts on blogs, internet message boards, chat rooms, or other public fora) in Plaintiffs’ posses-
sion, custody, knowledge, or control, including Plaintiffs’ attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
2
Defs.' Mot. to Compel App.000287
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 290 of 780 PageID 5812
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
4. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
5. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Navy Seal 1 in this action, including those served concurrently with this set of requests for pro-
duction.
6. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of
these interrogatories shall mean Plaintiff Navy Diver 2.
7. “Plaintiffs’” (without specific designation) shall mean the plaintiffs currently pro-
ceeding anonymously in this action, including: U.S. Navy SEAL 1, U.S. Navy SEAL 2, U.S.
Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6, U.S. Navy SEAL
7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy SEAL 11, U.S.
Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15, U.S. Navy
SEAL 16,
3
Defs.' Mot. to Compel App.000288
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 291 of 780 PageID 5813
U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy SEAL 20, U.S. Navy
SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24, U.S. Navy SEAL 25,
U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician 1, U.S. Navy Special
Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combatant Craft Crewman 2,
U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Special Warfare Combatant
Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman 5, U.S. Navy Diver 1,
U.S. Navy Diver 2, and U.S. Navy Diver 3.
8. “And” and “or” shall be construed conjunctively and disjunctively.
9. “Each” means each and every.
10. “Date” means day, month, and year.
11. “Known to you” and “knowledge of” mean all matters known to you, your attor-
neys, agents, representatives, employees, or to anyone subject to your control or supervision, or
acting on your behalf.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
4
Defs.' Mot. to Compel App.000289
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 292 of 780 PageID 5814
tense, and vice versa.
REQUESTS FOR PRODUCTION
REQUEST FOR PRODUCTION NO. 1:
Any and all documents identified in Plaintiffs’ initial disclosures in this action, without
regard to date limitations.
REQUEST FOR PRODUCTION NO. 2:
Any and all documents used, consulted or referred to in preparing any and all of the dec-
larations you have submitted in this action, including but not limited to declarations submitted in
connection with the Plaintiffs’ Motion for a Preliminary Injunction, the Plaintiffs’ Motion for a
Protective Order, and the Plaintiffs’ Motion for an Order to Show Cause.
REQUEST FOR PRODUCTION NO. 3:
Any and all documents identified in response to Defendants’ interrogatories in this ac-
tion.
REQUEST FOR PRODUCTION NO. 4:
Any and all documents used, consulted or referred to in responding to Defendants’ inter-
rogatories in this action.
REQUEST FOR PRODUCTION NO. 5:
Any and all documents used or consulted in forming your religious beliefs regarding the
COVID-19 vaccination, including, but not limited to, correspondence with religious leaders or
organizations, and with persons or organizations opposed to COVID-19 vaccination.
REQUEST FOR PRODUCTION NO. 6
To the extent not included in your request for religious accommodation or appeal, any
5
Defs.' Mot. to Compel App.000290
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 293 of 780 PageID 5815
and all documents that describe, relate, refer to, reflect, or support the allegations in the Com-
plaint regarding your sincerely held religious beliefs from the time period August 1, 2019 to the
present.
REQUEST FOR PRODUCTION NO. 7:
To the extent not included in your request for religious accommodation or appeal, any
and all documents that describe, relate, refer to, reflect, or support the allegations in the Com-
plaint regarding the substantial burden posed by DoD and the Navy’s COVID-19 vaccination re-
quirement on your sincerely held religious beliefs.
REQUEST FOR PRODUCTION NO. 8:
Any and all documents that describe, relate, refer to, or reflect any posts you have made
on social media (e.g., Facebook, Twitter, Instagram, LinkedIn, YouTube, TikTok, Parler, Gab,
Gettr, Truth Social), blogs, internet message boards, chat rooms, or other public forums online
regarding your religious beliefs, the COVID-19 vaccines, or DoD/Navy’s COVID-19 vaccina-
tion requirement.
REQUEST FOR PRODUCTION NO. 9:
Please produce each and every document that refers, reflects, or relates to your medical
evaluation, treatment, care, or medication by a Healthcare Provider, at any time within the last
five years, including all medical records of such care, and all medical records reflecting your re-
ceipt of vaccinations (without regard to date).
6
Defs.' Mot. to Compel App.000291
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 294 of 780 PageID 5816
REQUEST FOR PRODUCTION NO. 10:
In lieu of producing medical records described in RFP 9 that are held by a DoD compo-
nent, you may produce a fully executed DD Form 2870 authorizing release of the requested rec-
ords to Government counsel in this action. The DD Form 2870 can be found here:
https://www.esd.whs.mil/Portals/54/Documents/DD/forms/dd/dd2870.pdf
Dated: June 10, 2022 Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/Amy E. Powell
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
ZACHARY A. AVALLONE
COURTNEY D. ENLOW
CATHERINE M. YANG
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (919) 856-4013
Fax: (202) 616-8470
Email: amy.powell@usdoj.gov
Counsel for Defendants
7
Defs.' Mot. to Compel App.000292
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 295 of 780 PageID 5817
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
June 10, 2022.
/s/ Amy E. Powell
8
Defs.' Mot. to Compel App.000293
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 296 of 780 PageID 5818
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
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 Case No. 4:21-cv-01236-O
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.
DEFENDANTS’ FIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS TO
PLAINTIFF U.S. NAVY DIVER 3
Pursuant to Federal Rules of Civil Procedure 26 and 34, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for production of
documents upon Plaintiff Navy Diver 3.
INSTRUCTIONS
1. When asked to produce a document, the request is for information within your ac-
tual or constructive control. Your answers must therefore include not only information available
to you, but also that is available to your attorneys, associates, employees, representatives, agents,
and all other persons acting under, by, or through you, or subject to your control or supervision,
or acting on your behalf.
1
Defs.' Mot. to Compel App.000294
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 297 of 780 PageID 5819
2. If you cannot produce a requested document (including, inter alia, because it was
lost or destroyed), please provide the facts you rely upon in support of your contention that you
cannot do so. To the extent a document is not produced because of an assertion of privilege,
please state the specific privilege relied upon and support the claim of privilege with a statement
of particulars sufficient to enable the Court to assess its validity consistent with Federal Rule of
Civil Procedure 26. If you object to producing only part of a requested document, please pro-
duce that portion of the document you do not object to producing and indicate what portion you
have withheld based on an assertion of privilege.
3. These document production requests are to be deemed continuing to the full ex-
tent allowed by law.
4. Unless specified otherwise in a specific Request, the time period for these Re-
quests is August 23, 2021 to the present.
5. Please forward the documents to undersigned counsel at the address below no
later than thirty (30) days from date of service.
DEFINITIONS
For purposes of these requests for production, the following definitions apply:
1. “Document” or “record” means the original and any draft or copy of any writ-
ten, recorded or graphic materials of any type and in any form (including those maintained in
electronic form, such as (but not limited to) text messages, email, posts on social media, and
posts on blogs, internet message boards, chat rooms, or other public fora) in Plaintiffs’ posses-
sion, custody, knowledge, or control, including Plaintiffs’ attorneys, agents, and representatives.
2. “Individual,” “person,” “organization,” or “entity” means any natural person,
2
Defs.' Mot. to Compel App.000295
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 298 of 780 PageID 5820
corporation, unincorporated association, partnership, sole proprietorship, business, or other or-
ganization or entity.
3. “Identify” or “identifies” when used in reference to an individual means to give,
to the extent known, the person’s name, present or last known address and telephone number,
and the present or last known place of employment. Once a person has been identified in accord-
ance with this subparagraph, only the name of that person need be listed in response to subse-
quent discovery requesting identification of that person.
4. “Identify” or “identifies” when used in reference to a document means to give, to
the extent known, the
a. type of document;
b. general subject matter;
c. date of the document; and
d. author(s), addressee(s), and recipient(s).
5. “Interrogatory” or “interrogatories” refers to Defendants’ interrogatories to
Navy Seal 1 in this action, including those served concurrently with this set of requests for pro-
duction.
6. “You,” “your,” “Plaintiff,” (without specific designation) for the purposes of
these interrogatories shall mean Plaintiff Navy Diver 3.
7. “Plaintiffs’” (without specific designation) shall mean the plaintiffs currently pro-
ceeding anonymously in this action, including: U.S. Navy SEAL 1, U.S. Navy SEAL 2, U.S.
Navy SEAL 3, U.S. Navy SEAL 4, U.S. Navy SEAL 5, U.S. Navy SEAL 6, U.S. Navy SEAL
7, U.S. Navy SEAL 8, U.S. Navy SEAL 9, U.S. Navy SEAL 10, U.S. Navy SEAL 11, U.S.
Navy SEAL 12, U.S. Navy SEAL 13, U.S. Navy SEAL 14, U.S. Navy SEAL 15, U.S. Navy
SEAL 16,
3
Defs.' Mot. to Compel App.000296
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 299 of 780 PageID 5821
U.S. Navy SEAL 17, U.S. Navy SEAL 18, U.S. Navy SEAL 19, U.S. Navy SEAL 20, U.S. Navy
SEAL 21, U.S. Navy SEAL 22, U.S. Navy SEAL 23, U.S. Navy SEAL 24, U.S. Navy SEAL 25,
U.S. Navy SEAL 26, U.S. Navy Explosive Ordinance Disposal Technician 1, U.S. Navy Special
Warfare Combatant Craft Crewman 1, U.S. Navy Special Warfare Combatant Craft Crewman 2,
U.S. Navy Special Warfare Combatant Craft Crewman 3, U.S. Navy Special Warfare Combatant
Craft Crewman 4, U.S. Navy Special Warfare Combatant Craft Crewman 5, U.S. Navy Diver 1,
U.S. Navy Diver 2, and U.S. Navy Diver 3.
8. “And” and “or” shall be construed conjunctively and disjunctively.
9. “Each” means each and every.
10. “Date” means day, month, and year.
11. “Known to you” and “knowledge of” mean all matters known to you, your attor-
neys, agents, representatives, employees, or to anyone subject to your control or supervision, or
acting on your behalf.
12. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-
1236 (N.D. Tex.).
13. “Complaint” shall refer to the First Amended Class Action Complaint filed at
Dkt. No. 84 in this action.
14. “Healthcare Provider” means any entity or person that provided services for
medical, psychological, physical, or emotion ailments or limitations, including without limitation
any physician, endocrinologist, physician’s assistant, nurse, osteopath, holistic healer, therapist,
psychologist, psychiatrist, counselor, hospital, clinic, pharmacist or medical institution.
15. The singular form of any word shall also be construed as the plural, and vice
versa. Verbs shall be construed as though they were in the past tense, the present and the future
4
Defs.' Mot. to Compel App.000297
Case 4:21-cv-01236-O Document 193 Filed 08/18/22 Page 300 of 780 PageID 5822
tense, and vice versa.
REQUESTS FOR PRODUCTION
REQUEST FOR PRODUCTION NO. 1:
Any and all documents identified in Plaintiffs’ initial disclosures in this action, without
regard to date limitations.
REQUEST FOR PRODUCTION NO. 2:
Any and all documents used, consulted or referred to in preparing any and all of the dec-
larations you have submitted in this action, including but not limited to declarations submitted in
connection with the Plaintiffs’ Motion for a Preliminary Injunction, the Plaintiffs’ Motion for a
Protective Order, and the Plaintiffs’ Motion for an Order to Show Cause.
REQUEST FOR PRODUCTION NO. 3:
Any and all documents identified in response to Defendants’ interrogatories in this ac-
tion.
REQUEST FOR PRODUCTION NO. 4:
Any and all documents used, consulted or referred to in responding to Defendants’ inter-
rogatories in this action.
REQUEST FOR PRODUCTION NO. 5:
Any and all documents used or consulted in forming your religious beliefs regarding the
COVID-19 vaccination, including, but not limited to, correspondence with religious leaders or
organizations, and with persons or organizations opposed to COVID-19 vaccination.
REQUEST FOR PRODUCTION NO. 6
To the extent not included in your request for religious accommodation or appeal, any
5
Defs.' Mot. to Compel App.000298
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