Defendants’ Motion for Leave to File Corrected Brief

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Defendants' Motion for Leave to File Corrected Brief, Case No. 5:22-cv-00009-TES, in the Middle District of Georgia, Macon Division, where the plaintiffs are Air Force Officer, Air Force NCO, Air Force Special Agent and Air Force Engineer and the defendants include Lloyd J. Austin, III. Defendants ask for leave to file a corrected reply brief in support of Defendants' motion to dismiss. The motion states that after filing the reply brief on June 15, 2022, Defendants caught a minor factual error and seek to correct the passage about the days Air Force NCO had to consider a decision. It states that the corrected brief will contain only those alterations and that Plaintiffs do not object. The motion is dated June 16, 2022.

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

AIR FORCE OFFICER, AIR FORCE NCO,
AIR FORCE SPECIAL AGENT, and AIR
FORCE ENGINEER,

Plaintiffs,
                     v.
LLOYD J. AUSTIN, III, in his official capacity
as Secretary of Defense; FRANK KENDALL,
III, in his official capacity as Secretary of the Air
Force; and ROBERT I. MILLER, in his official
capacity as Surgeon General of the Air Force,

Defendants.

Case No. 5:22-cv-00009-TES

DEFENDANTS’ MOTION FOR LEAVE TO FILE CORRECTED BRIEF

Defendants hereby move the Court to grant leave for Defendants to file a corrected reply brief
in support of Defendants’ motion to dismiss.  Defendants filed their reply brief in support of
Defendants’ motion to dismiss on June 15, 2022.  Dkt. 107.  After filing, Defendants caught a minor
factual error.  Specifically, Defendants seek leave to correct the following:
Regardless, as in Hargay, at least Air Force Officer NCO had even more “advance
notice” that he would be given the choice of retiring or facing discipline should he
continue to refuse vaccination if his religious accommodation request was denied.
Hargray, 57 F.3d at 1569. The Air Force’s policy regarding COVID-19 vaccination
was made public on December 7, 2021. See Supplemental Coronavirus Disease 2019
Vaccination Policy (Dec. 7, 2021), https://perma.cc/T4ZQ-3N5G. Air Force NCO
received his on January 7, 2022, id. ¶ 134, 138, and thus had 31 36 days to consider his
decision.

Dkt. 107 at 9–10 n.9.  The corrected brief will contain only the above alterations.
Before filing this motion, counsel for Defendants conferred with counsel for Plaintiffs, who
reported that Plaintiffs do not object to the requested relief.
Case 5:22-cv-00009-TES   Document 108   Filed 06/16/22   Page 1 of 2

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For these reasons, Defendants respectfully request that the Court grant leave to file a corrected
reply brief in support of Defendants’ motion to dismiss.

Dated:  June 16, 2022
PETER D. LEARY
United States Attorney
Middle District of Georgia
/s/ Lance Simon
Assistant United States Attorney
Georgia Bar NO. 44764
300 Mulberry St., Suite 400
P.O. Box 1702
Macon, GA 31202
Tel: (478) 621-2663
Email: lance.simon@usdoj.gov
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant
Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s Cassandra Snyder
ANDREW E. CARMICHAEL
Senior Trial Counsel
ZACHARY A. AVALLONE
CODY T. KNAPP
CASSANDRA M. SNYDER
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 451-7729
Email: cassandra.m.snyder@usdoj.gov
Counsel for Defendants

Case 5:22-cv-00009-TES   Document 108   Filed 06/16/22   Page 2 of 2

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