Full text
1
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
NAVY SEALS 1-3, et al.,
Plaintiffs,
v.
LLOYD AUSTIN, III, in his official capacity as
Secretary of Defense, et al.,
Defendants.
Case No. 4:21-cv-01236-O
APPENDIX IN SUPPORT OF DEFENDANTS’ MOTION TO COMPEL PLAINTIFFS
TO ANSWER DEFENDANTS’ REQUESTS FOR ADMISSIONS
Table of Appendix
Bates Stamps
Exhibit
Description
App.000001–App.000213
DEX1
Email from A. Powell to A. Stephens, attaching 35 sets of
Defendants’ First Set of Requests for Admissions (July 15,
2022).
App.000214–App.000224
DEX2
Plaintiff U.S. Navy SEAL 1’s Responses and Objections to
Defendants’ First Set of Requests for Admissions (Aug. 15,
2022).
App.000225–App.000235
DEX3
Plaintiff U.S. Navy SEAL 2’s Responses and Objections to
Defendants’ First Set of Requests for Admissions (Aug. 15,
2022).
App.000236–App.000246
DEX4
Plaintiff U.S. Navy SEAL 3’s Responses and Objections to
Defendants’ First Set of Requests for Admissions (Aug. 15,
2022).
App.000247–App.000257
DEX5
Plaintiff U.S. Navy Explosive Ordnance Disposal
Technician 1’s Responses and Objections to Defendants’
First Set of Requests for Admissions (Aug. 15, 2022).
App.000258–App.000263
DEX6
Non-Class Representative Plaintiffs’ (U.S. Navy SEALs 4–
26; U.S. Navy Special Warfare Combatant Craft Crewmen
1–5; and U.S. Navy Divers 1–3) Objections to Defendants’
First Set of Requests for Admissions (Aug. 15, 2022).
App.000264–App.000268
DEX7
Email Thread Between Counsel Regarding Meet and Confer
(Sept. 2, 2022–Oct. 3, 2022)
App.000269–App.000273
DEX8
Decl. of Dr. Bruce M. McClenathan (Aug. 5, 2022)
Dated: October 14, 2022
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 1 of 275 PageID 6855
2
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/ Jody D. Lowenstein
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
STUART J. ROBINSON
Senior Counsel
CODY T. KNAPP (NY #5715438)
JODY D. LOWENSTEIN (MT #55816869)
ZACHARY A. AVALLONE
LIAM C. HOLLAND
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street NW
Washington, DC 20005
Phone: (202) 598-9280
Email: jody.d.lowenstein@usdoj.gov
Counsel for Defendants
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 2 of 275 PageID 6856
DEX1
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000001
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 3 of 275 PageID 6857
1
Lowenstein, Jody D. (CIV)
From:
Powell, Amy (CIV)
Sent:
Friday, July 15, 2022 1:59 PM
To:
Andrew Stephens; Carmichael, Andrew E. (CIV); Avallone, Zachary A. (CIV); Snyder,
Cassandra M (CIV); Yang, Catherine M (CIV)
Cc:
Heather Hacker; Danielle Runyan; Holly Randall; David Hacker; Mike Berry; Ryan Gardner
Subject:
RE: Navy Seals 1-26 v. Biden
Attachments:
Defs 1st set of RFAs Navy Diver 1.pdf; Defs 1st set of RFAs Navy Diver 2.pdf; Defs 1st set
of RFAs Navy Diver 3.pdf; Defs 1st set of RFAs Navy Explosive Ordinance Disposal
Technician 1.pdf; Defs 1st set of RFAs Navy SEAL 1.pdf; Defs 1st set of RFAs Navy SEAL
2.pdf; Defs 1st set of RFAs Navy SEAL 3.pdf; Defs 1st set of RFAs Navy SEAL 4.pdf; Defs
1st set of RFAs Navy SEAL 5.pdf; Defs 1st set of RFAs Navy SEAL 6.pdf; Defs 1st set of
RFAs Navy SEAL 7.pdf; Defs 1st set of RFAs Navy SEAL 8.pdf; Defs 1st set of RFAs Navy
SEAL 9.pdf; Defs 1st set of RFAs Navy SEAL 10.pdf; Defs 1st set of RFAs Navy SEAL
11.pdf; Defs 1st set of RFAs Navy SEAL 12.pdf; Defs 1st set of RFAs Navy SEAL 13.pdf;
Defs 1st set of RFAs Navy SEAL 14.pdf; Defs 1st set of RFAs Navy SEAL 15.pdf; Defs 1st
set of RFAs Navy SEAL 16.pdf; Defs 1st set of RFAs Navy SEAL 17.pdf; Defs 1st set of
RFAs Navy SEAL 18.pdf; Defs 1st set of RFAs Navy SEAL 19.pdf; Defs 1st set of RFAs
Navy SEAL 20.pdf; Defs 1st set of RFAs Navy SEAL 21.pdf; Defs 1st set of RFAs Navy
SEAL 22.pdf; Defs 1st set of RFAs Navy SEAL 23.pdf; Defs 1st set of RFAs Navy SEAL
24.pdf; Defs 1st set of RFAs Navy SEAL 25.pdf; Defs 1st set of RFAs Navy SEAL 26.pdf;
Defs 1st set of RFAs Navy Special Warfare Combatant Craft Crewman 1.pdf; Defs 1st set
of RFAs Navy Special Warfare Combatant Craft Crewman 2.pdf; Defs 1st set of RFAs
Navy Special Warfare Combatant Craft Crewman 3.pdf; Defs 1st set of RFAs Navy
Special Warfare Combatant Craft Crewman 4.pdf; Defs 1st set of RFAs Navy Special
Warfare Combatant Craft Crewman 5.pdf
Andrew:
Attached are Defendants’ First set of Requests for Admissions as to each Plaintiff. I’ll be in touch next week about
meeting and conferring on Plaintiffs’ discovery responses to date. I’m happy to try to work things out if possible.
Thanks
Amy
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: Andrew Stephens <andrew@hackerstephens.com>
Sent: Monday, July 11, 2022 7:13 PM
To: Powell, Amy (CIV) <Amy.Powell@usdoj.gov>; Carmichael, Andrew E. (CIV) <Andrew.E.Carmichael@usdoj.gov>;
Avallone, Zachary A. (CIV) <Zachary.A.Avallone@usdoj.gov>; Snyder, Cassandra M (CIV)
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000002
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 4 of 275 PageID 6858
2
<Cassandra.M.Snyder@usdoj.gov>; Yang, Catherine M (CIV) <Catherine.M.Yang@usdoj.gov>
Cc: Heather Hacker <heather@hackerstephens.com>; Danielle Runyan <drunyan@firstliberty.org>; Holly Randall
<hrandall@firstliberty.org>; David Hacker <dhacker@firstliberty.org>; Mike Berry <mberry@firstliberty.org>; Ryan
Gardner <rgardner@firstliberty.org>
Subject: [EXTERNAL] RE: Navy Seals 1-26 v. Biden
Attached are responses to Defendants’ First Requests for Production.
Andrew
Andrew B. Stephens
Partner
www.hackerstephens.com
This message contains information that may be confidential and privileged. Unless you are the intended recipient (or authorized to receive for the
intended recipient), you may not use, copy, or disclose to anyone the message or any information contained in the message. If you have received the
message in error, please advise the sender by replying or by phone at (512) 399-3022 and delete the message.
From: Andrew Stephens
Sent: Thursday, July 7, 2022 5:35 PM
To: Amy.Powell@usdoj.gov; Carmichael, Andrew E. (CIV) <Andrew.E.Carmichael@usdoj.gov>; Avallone, Zachary A. (CIV)
<Zachary.A.Avallone@usdoj.gov>; Snyder, Cassandra M (CIV) <Cassandra.M.Snyder@usdoj.gov>; Yang, Catherine M
(CIV) <Catherine.M.Yang@usdoj.gov>
Cc: Heather Hacker <heather@hackerstephens.com>; Danielle Runyan <drunyan@firstliberty.org>; Holly Randall
<hrandall@firstliberty.org>; David Hacker <dhacker@firstliberty.org>; Mike Berry <mberry@firstliberty.org>; Ryan
Gardner <rgardner@firstliberty.org>
Subject: Navy Seals 1-26 v. Biden
Attached are responses to Defendants’ Interrogatories.
Andrew
Andrew B. Stephens
Partner
www.hackerstephens.com
This message contains information that may be confidential and privileged. Unless you are the intended recipient (or authorized to receive for the
intended recipient), you may not use, copy, or disclose to anyone the message or any information contained in the message. If you have received the
message in error, please advise the sender by replying or by phone at (512) 399-3022 and delete the message.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000003
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 5 of 275 PageID 6859
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY DIVER 1
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy Diver 1.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000004
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 6 of 275 PageID 6860
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000005
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 7 of 275 PageID 6861
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy Diver 1.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000006
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 8 of 275 PageID 6862
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000007
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 9 of 275 PageID 6863
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000008
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 10 of 275 PageID 6864
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000009
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 11 of 275 PageID 6865
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY DIVER 2
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy Diver 2.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000010
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 12 of 275 PageID 6866
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000011
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 13 of 275 PageID 6867
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy Diver 2.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000012
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 14 of 275 PageID 6868
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000013
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 15 of 275 PageID 6869
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000014
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 16 of 275 PageID 6870
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000015
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 17 of 275 PageID 6871
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY DIVER 3
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy Diver 3.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000016
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 18 of 275 PageID 6872
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000017
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 19 of 275 PageID 6873
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy Diver 3.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000018
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 20 of 275 PageID 6874
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000019
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 21 of 275 PageID 6875
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000020
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 22 of 275 PageID 6876
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000021
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 23 of 275 PageID 6877
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR ADMISSIONS TO PLAINTIFF
U.S. NAVY EXPLOSIVE ORDINANCE DISPOSAL TECHNICIAN 1
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy Explosive Ordinance Disposal Technician 1
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000022
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 24 of 275 PageID 6878
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000023
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 25 of 275 PageID 6879
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy Explosive Ordinance Disposal Technician 1.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000024
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 26 of 275 PageID 6880
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000025
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 27 of 275 PageID 6881
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000026
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 28 of 275 PageID 6882
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000027
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 29 of 275 PageID 6883
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR ADMISSIONS
TO PLAINTIFF U.S. NAVY SEAL 1
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 1.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000028
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 30 of 275 PageID 6884
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000029
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 31 of 275 PageID 6885
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 1.
2. “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 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.
3. “And” and “or” shall be construed conjunctively and disjunctively.
4. “Each” means each and every.
5. “Date” means day, month, and year.
6. “This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7. “Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in
this action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000030
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 32 of 275 PageID 6886
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000031
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 33 of 275 PageID 6887
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000032
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 34 of 275 PageID 6888
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000033
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 35 of 275 PageID 6889
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR ADMISSIONS
TO PLAINTIFF U.S. NAVY SEAL 2
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 2.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000034
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 36 of 275 PageID 6890
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000035
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 37 of 275 PageID 6891
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of
these requests shall mean Plaintiff Navy SEAL 2.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in
this action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000036
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 38 of 275 PageID 6892
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000037
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 39 of 275 PageID 6893
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000038
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 40 of 275 PageID 6894
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000039
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 41 of 275 PageID 6895
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 3
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 3.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000040
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 42 of 275 PageID 6896
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000041
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 43 of 275 PageID 6897
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 3.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in
this action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000042
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 44 of 275 PageID 6898
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000043
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 45 of 275 PageID 6899
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000044
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 46 of 275 PageID 6900
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000045
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 47 of 275 PageID 6901
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 4
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 4.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000046
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 48 of 275 PageID 6902
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000047
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 49 of 275 PageID 6903
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 4.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000048
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 50 of 275 PageID 6904
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000049
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 51 of 275 PageID 6905
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000050
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 52 of 275 PageID 6906
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000051
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 53 of 275 PageID 6907
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 5
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 5.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000052
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 54 of 275 PageID 6908
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000053
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 55 of 275 PageID 6909
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 5.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000054
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 56 of 275 PageID 6910
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000055
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 57 of 275 PageID 6911
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000056
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 58 of 275 PageID 6912
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000057
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 59 of 275 PageID 6913
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 6
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 6.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000058
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 60 of 275 PageID 6914
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000059
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 61 of 275 PageID 6915
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 6.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000060
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 62 of 275 PageID 6916
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000061
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 63 of 275 PageID 6917
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000062
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 64 of 275 PageID 6918
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000063
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 65 of 275 PageID 6919
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 7
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 7.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000064
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 66 of 275 PageID 6920
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000065
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 67 of 275 PageID 6921
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 7.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000066
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 68 of 275 PageID 6922
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000067
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 69 of 275 PageID 6923
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000068
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 70 of 275 PageID 6924
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000069
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 71 of 275 PageID 6925
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 8
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 8.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000070
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 72 of 275 PageID 6926
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000071
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 73 of 275 PageID 6927
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 8.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000072
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 74 of 275 PageID 6928
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000073
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 75 of 275 PageID 6929
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000074
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 76 of 275 PageID 6930
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000075
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 77 of 275 PageID 6931
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 9
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 9.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000076
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 78 of 275 PageID 6932
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000077
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 79 of 275 PageID 6933
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 9.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000078
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 80 of 275 PageID 6934
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000079
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 81 of 275 PageID 6935
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000080
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 82 of 275 PageID 6936
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000081
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 83 of 275 PageID 6937
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 10
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 10.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000082
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 84 of 275 PageID 6938
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000083
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 85 of 275 PageID 6939
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 10.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000084
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 86 of 275 PageID 6940
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000085
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 87 of 275 PageID 6941
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000086
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 88 of 275 PageID 6942
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000087
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 89 of 275 PageID 6943
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 11
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 11.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000088
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 90 of 275 PageID 6944
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000089
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 91 of 275 PageID 6945
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 11.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000090
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 92 of 275 PageID 6946
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000091
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 93 of 275 PageID 6947
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000092
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 94 of 275 PageID 6948
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000093
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 95 of 275 PageID 6949
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 12
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 12.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000094
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 96 of 275 PageID 6950
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000095
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 97 of 275 PageID 6951
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 12.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000096
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 98 of 275 PageID 6952
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000097
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 99 of 275 PageID 6953
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000098
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 100 of 275 PageID 6954
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000099
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 101 of 275 PageID 6955
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 13
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 13.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000100
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 102 of 275 PageID 6956
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000101
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 103 of 275 PageID 6957
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 13.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000102
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 104 of 275 PageID 6958
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000103
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 105 of 275 PageID 6959
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000104
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 106 of 275 PageID 6960
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000105
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 107 of 275 PageID 6961
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 14
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 14.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000106
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 108 of 275 PageID 6962
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000107
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 109 of 275 PageID 6963
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 14.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000108
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 110 of 275 PageID 6964
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000109
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 111 of 275 PageID 6965
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000110
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 112 of 275 PageID 6966
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000111
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 113 of 275 PageID 6967
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 15
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 15.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000112
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 114 of 275 PageID 6968
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000113
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 115 of 275 PageID 6969
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 15.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000114
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 116 of 275 PageID 6970
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000115
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 117 of 275 PageID 6971
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000116
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 118 of 275 PageID 6972
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000117
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 119 of 275 PageID 6973
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 16
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 16.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000118
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 120 of 275 PageID 6974
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000119
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 121 of 275 PageID 6975
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 16.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000120
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 122 of 275 PageID 6976
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000121
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 123 of 275 PageID 6977
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000122
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 124 of 275 PageID 6978
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000123
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 125 of 275 PageID 6979
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 17
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 17.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000124
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 126 of 275 PageID 6980
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000125
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 127 of 275 PageID 6981
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 17.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000126
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 128 of 275 PageID 6982
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000127
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 129 of 275 PageID 6983
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000128
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 130 of 275 PageID 6984
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000129
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 131 of 275 PageID 6985
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 18
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 18.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000130
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 132 of 275 PageID 6986
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000131
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 133 of 275 PageID 6987
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 18.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000132
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 134 of 275 PageID 6988
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000133
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 135 of 275 PageID 6989
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000134
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 136 of 275 PageID 6990
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000135
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 137 of 275 PageID 6991
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 19
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 19.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000136
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 138 of 275 PageID 6992
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000137
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 139 of 275 PageID 6993
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 19.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000138
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 140 of 275 PageID 6994
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000139
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 141 of 275 PageID 6995
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000140
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 142 of 275 PageID 6996
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000141
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 143 of 275 PageID 6997
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 20
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 20.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000142
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 144 of 275 PageID 6998
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000143
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 145 of 275 PageID 6999
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 20.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000144
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 146 of 275 PageID 7000
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000145
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 147 of 275 PageID 7001
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000146
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 148 of 275 PageID 7002
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000147
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 149 of 275 PageID 7003
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 21
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 21.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000148
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 150 of 275 PageID 7004
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000149
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 151 of 275 PageID 7005
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 21.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000150
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 152 of 275 PageID 7006
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000151
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 153 of 275 PageID 7007
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000152
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 154 of 275 PageID 7008
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000153
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 155 of 275 PageID 7009
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 22
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 22.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000154
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 156 of 275 PageID 7010
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000155
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 157 of 275 PageID 7011
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 22.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000156
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 158 of 275 PageID 7012
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000157
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 159 of 275 PageID 7013
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000158
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 160 of 275 PageID 7014
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000159
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 161 of 275 PageID 7015
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 23
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 23.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000160
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 162 of 275 PageID 7016
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000161
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 163 of 275 PageID 7017
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 23.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000162
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 164 of 275 PageID 7018
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000163
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 165 of 275 PageID 7019
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000164
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 166 of 275 PageID 7020
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000165
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 167 of 275 PageID 7021
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 24
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 24.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000166
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 168 of 275 PageID 7022
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000167
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 169 of 275 PageID 7023
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 24.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000168
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 170 of 275 PageID 7024
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000169
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 171 of 275 PageID 7025
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000170
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 172 of 275 PageID 7026
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000171
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 173 of 275 PageID 7027
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 25
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 25.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000172
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 174 of 275 PageID 7028
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000173
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 175 of 275 PageID 7029
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 25.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000174
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 176 of 275 PageID 7030
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000175
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 177 of 275 PageID 7031
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000176
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 178 of 275 PageID 7032
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000177
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 179 of 275 PageID 7033
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR
ADMISSIONS TO PLAINTIFF U.S. NAVY SEAL 26
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy SEAL 26.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000178
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 180 of 275 PageID 7034
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000179
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 181 of 275 PageID 7035
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy SEAL 26.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000180
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 182 of 275 PageID 7036
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000181
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 183 of 275 PageID 7037
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000182
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 184 of 275 PageID 7038
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000183
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 185 of 275 PageID 7039
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR ADMISSIONS TO PLAINTIFF
U.S. NAVY SPECIAL WARFARE COMBATANT CRAFT CREWMAN 1
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy Special Warfare Combatant Craft Crewman 1
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000184
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 186 of 275 PageID 7040
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000185
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 187 of 275 PageID 7041
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy Special Warfare Combatant Craft Crewman 1.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000186
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 188 of 275 PageID 7042
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000187
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 189 of 275 PageID 7043
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000188
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 190 of 275 PageID 7044
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000189
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 191 of 275 PageID 7045
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR ADMISSIONS TO PLAINTIFF
U.S. NAVY SPECIAL WARFARE COMBATANT CRAFT CREWMAN 2
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy Special Warfare Combatant Craft Crewman 2.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000190
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 192 of 275 PageID 7046
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000191
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 193 of 275 PageID 7047
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy Special Warfare Combatant Craft Crewman 2.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000192
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 194 of 275 PageID 7048
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000193
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 195 of 275 PageID 7049
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000194
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 196 of 275 PageID 7050
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000195
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 197 of 275 PageID 7051
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR ADMISSIONS TO PLAINTIFF
U.S. NAVY SPECIAL WARFARE COMBATANT CRAFT CREWMAN 3
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy Special Warfare Combatant Craft Crewman 3.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000196
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 198 of 275 PageID 7052
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000197
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 199 of 275 PageID 7053
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy Special Warfare Combatant Craft Crewman 3.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000198
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 200 of 275 PageID 7054
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000199
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 201 of 275 PageID 7055
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000200
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 202 of 275 PageID 7056
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000201
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 203 of 275 PageID 7057
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR ADMISSIONS TO PLAINTIFF
U.S. NAVY SPECIAL WARFARE COMBATANT CRAFT CREWMAN 4
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy Special Warfare Combatant Craft Crewman 4.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000202
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 204 of 275 PageID 7058
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000203
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 205 of 275 PageID 7059
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy Special Warfare Combatant Craft Crewman 4.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000204
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 206 of 275 PageID 7060
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000205
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 207 of 275 PageID 7061
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000206
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 208 of 275 PageID 7062
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000207
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 209 of 275 PageID 7063
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
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.
Case No. 4:21-cv-01236-O
DEFENDANTS’ FIRST SET OF REQUESTS FOR ADMISSIONS TO PLAINTIFF
U.S. NAVY SPECIAL WARFARE COMBATANT CRAFT CREWMAN 5
Pursuant to Federal Rule of Civil Procedure 36, Defendants, by and through their
undersigned counsel, hereby respectfully propound their first set of requests for admission
upon Plaintiff Navy Special Warfare Combatant Craft Crewman 5.
INSTRUCTIONS
1.
When asked to respond to a request for an admission, the request is for information
within your actual 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.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000208
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 210 of 275 PageID 7064
2.
If you cannot fully and completely answer a request for an admission, please
provide the facts you rely upon in support of your contention that you cannot do so. To the extent
a request for admission 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 a request, please answer that part you do not object to
answering and indicate what portion of the request to which your assertion of privilege extends.
3.
These requests are to be deemed continuing to the full extent allowed by law.
4.
Please forward the answers to undersigned counsel at the address or email address
below no later than thirty (30) days from date of service.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000209
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 211 of 275 PageID 7065
DEFINITIONS
For purposes of these requests for admission, the following definitions apply:
1.
“You,” “your,” or “Plaintiff,” (without specific designation) for the purposes of these
requests shall mean Plaintiff Navy Special Warfare Combatant Craft Crewman 5.
2.
“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 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.
3.
“And” and “or” shall be construed conjunctively and disjunctively.
4.
“Each” means each and every.
5.
“Date” means day, month, and year.
6.
“This action” shall refer to Navy SEALs 1-3, et al. v. Austin, et al., No. 4:21-cv-1236 (N.D.
Tex.).
7.
“Complaint” shall refer to the First Amended Class Action Complaint filed at Dkt. No. 84 in this
action.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000210
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 212 of 275 PageID 7066
8. “The Novavax COVID-19 vaccine” refers the COVID-19 vaccine developed by the company
Novavax, which was listed by the World Health Organization on December 20, 2021 and
which was authorized by the Federal Food and Drug Administration on July 13, 2022 pursuant
to an Emergency Use Authorization. See https://perma.cc/C7X9-MXXE. Novavax asserts that
that fetal cell lines were not used in its production or testing.
9. “World Health Organization-listed COVID-19 vaccine” is used here to refer to those vaccines
under a World Health Organization Emergency Use Listing, and includes The
Pfizer/BioNTech Comirnaty vaccine (listed 31 December 2020); The SII/COVISHIELD and
AstraZeneca/AZD1222 vaccines (listed 16 February 2021); The Janssen/Ad26.COV 2.S
vaccine developed by Johnson & Johnson (listed 12 March 2021); The Moderna COVID-19
vaccine (mRNA 1273) (listed 30 April 2021); The Sinopharm COVID-19 vaccine (listed 7
May 2021); The Sinovac-CoronaVac vaccine (listed 1 June 2021); The Bharat Biotech
BBV152 COVAXIN vaccine (listed 3 November 2021); The Covovax (NVX-CoV2373)
vaccine (listed 17 December 2021); The Nuvaxovid (NVX-CoV2373) vaccine (listed 20
December 2021).
10. 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.
REQUESTS
1. Admit that you are unwilling to receive the Novavax COVID-19 vaccine.
2. Admit that you are unwilling to travel to another country to receive any World Health
Organization-listed COVID-19 vaccine that was developed without use of fetal cell lines.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000211
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 213 of 275 PageID 7067
3. Admit that you do not know whether particular fetal cell lines that you allege were used in
connection with the Pfizer, Moderna, or Johnson & Johnson COVID-19 vaccines resulted
from an elective abortion.
4. Admit that you have received the rubella vaccine.
5. Admit that you have received the varicella (chickenpox) vaccine.
6. Admit that you have received the Hepatitis A vaccine.
7. Admit that you have taken ibuprofen within the last five years.
8. Admit that you have taken aspirin within the last five years.
9. Admit that you have taken Tylenol within the last five years.
Dated: July 15, 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
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
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000212
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 214 of 275 PageID 7068
CERTIFICATE OF SERVICE
I certify that I served a copy of the foregoing requests on Plaintiffs’ counsel via email on
July 15, 2022.
/s/ Amy E. Powell
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000213
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 215 of 275 PageID 7069
DEX2
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000214
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 216 of 275 PageID 7070
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3; on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
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.
Case No. 4:21-cv-01236-O
PLAINTIFF U.S. NAVY SEAL 1’s RESPONSES AND OBJECTIONS TO
DEFENDANTS’ FIRST SET OF REQUESTS FOR ADMISSIONS
Pursuant to Federal Rule of Civil Procedure 36, Plaintiff U.S. Navy SEAL 1 (“Plaintiff”)
responds to Defendants’ First Set of Requests for Admissions as follows:
PRELIMINARY STATEMENT
1.
Plaintiff expressly reserves the right to supplement, clarify, revise, or correct any or all of
the responses and objections herein, and to assert additional objections or privileges, in one or
more subsequent supplemental response(s).
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000215
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 217 of 275 PageID 7071
GENERAL OBJECTIONS
1.
Plaintiff objects to each instruction, definition, and request for admission to the extent that
it purports to impose any requirement or discovery obligation greater than or different from those
under the Federal Rules of Civil Procedure and the applicable Rules and Orders of the Court.
2.
Plaintiff objects to each instruction, definition, and request for admission to the extent that
it seeks information protected from disclosure by the attorney-client privilege, attorney work
product doctrine, clergy privilege, marital privilege, or any other applicable privilege.
3.
Plaintiff objects to each request for admission that is not reasonably related to any claim or
defense in this case.
4.
Plaintiff incorporates by reference every general objection set forth above into each
specific response set forth below. A specific response may repeat a general objection for emphasis
or some other reason. The failure to include any general objection in any specific response does
not waive any general objection to that request. Moreover, Plaintiff does not waive his right to
amend his responses.
RESPONSES AND OBJECTIONS TO REQUESTS FOR ADMISSION
REQUEST FOR ADMISSION NO. 1: Admit that you are unwilling to receive the Novavax
COVID-19 vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 1: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. According to the Department of
Defense’s August 24, 2021 COVID-19 vaccine mandate, “Mandatory vaccination against COVID-
19 will only use COVID-19 vaccines that receive full licensure from the Food and Drug
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000216
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 218 of 275 PageID 7072
Administration (FDA), in accordance with FDA-approved labeling and guidance.” Novavax has
not received full licensure from the FDA.
REQUEST FOR ADMISSION NO. 2: Admit that you are unwilling to travel to another country
to receive any World Health Organization-listed COVID-19 vaccine that was developed without
use of fetal cell lines.
REPONSE TO REQUEST FOR ADMISSION NO. 2: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. According to the Department of
Defense’s August 24, 2021 COVID-19 vaccine mandate, “Mandatory vaccination against COVID-
19 will only use COVID-19 vaccines that receive full licensure from the Food and Drug
Administration (FDA), in accordance with FDA-approved labeling and guidance.” None of the
World Health Organization-listed COVID-19 vaccines, other than Moderna and Pfizer, have
received
full
licensure
from
the
FDA.
(https://www.cdc.gov/coronavirus/2019-
ncov/vaccines/people-vaccinated-abroad.html).
REQUEST FOR ADMISSION NO. 3: Admit that you do not know whether particular fetal cell
lines that you allege were used in connection with the Pfizer, Moderna, or Johnson & Johnson
COVID-19 vaccines resulted from an elective abortion.
REPONSE TO REQUEST FOR ADMISSION NO. 3: Plaintiff objects to this Request
because the Request itself is entirely unclear and Plaintiff cannot discern how the Request is
related to any claim or defense in this case.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000217
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 219 of 275 PageID 7073
REQUEST FOR ADMISSION NO. 4: Admit that you have received the rubella vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 4: Plaintiff objects to this Request
because it is not reasonably related to any claim or defense in this case. The Request is also
irrelevant because it is immaterial whether Plaintiff previously received a rubella vaccine. The
only vaccine that is the subject of this litigation is the COVID-19 vaccine. See Tr. of Hr’g on Mot.
for Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections
to taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own Religious Accommodation Request (“RAR”) process. And as Admiral
Lescher stated during his June 30, 2022 deposition (page 75, lines 11-16), he has no reason to
doubt the sincerity of the Plaintiffs’ religious beliefs underlying their RARs.
REQUEST FOR ADMISSION NO. 5: Admit that you have received the varicella (chickenpox)
vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 5: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff previously received a varicella vaccine. The only
vaccine that is the subject of this litigation is the COVID-19 vaccine. See Tr. of Hr’g on Mot. for
Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections to
taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000218
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 220 of 275 PageID 7074
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his June 30,
2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’
religious beliefs underlying their RARs.
REQUEST FOR ADMISSION NO. 6: Admit that you have received the Hepatitis A vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 6: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff previously received a Hepatitis A vaccine. The only
vaccine that is the subject of this litigation is the COVID-19 vaccine. See Tr. of Hr’g on Mot. for
Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections to
taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his June 30,
2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’
religious beliefs underlying their RARs.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000219
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 221 of 275 PageID 7075
REQUEST FOR ADMISSION NO. 7: Admit that you have taken ibuprofen within the last five
years.
REPONSE TO REQUEST FOR ADMISSION NO. 7: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff took ibuprofen within the last five years. Only the
COVID-19 vaccine is the subject of this litigation. See Tr. of Hr’g on Mot. for Prelim. Inj.
47:15-48:3. And it has already been established that Plaintiff’s religious objections to taking the
COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally presumed
or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his June 30,
2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’
religious beliefs underlying their RARs.
REQUEST FOR ADMISSION NO. 8: Admit that you have taken aspirin within the last five
years.
REPONSE TO REQUEST FOR ADMISSION NO. 8: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff has taken aspirin within the last five years. Only the
COVID-19 vaccine is the subject of this litigation. See Tr. of Hr’g on Mot. for Prelim. Inj.
47:15-48:3. And it has already been established that Plaintiff’s religious objections to taking the
COVID-
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000220
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 222 of 275 PageID 7076
19 vaccine are sincere. The Court recognized that “’[s]incerity is generally presumed or easily
established,’ and the court must handle that sincerity inquiry ‘with a light touch, or judicial
shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781, 791-92 (5th
Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. Furthermore, it is an undisputed
material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain pursuant to
the Navy’s own RAR process. And as Admiral Lescher stated during his June 30, 2022 deposition
(page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’ religious beliefs
underlying their RARs.
REQUEST FOR ADMISSION NO. 9: Admit that you have taken Tylenol within the last five
years.
REPONSE TO REQUEST FOR ADMISSION NO. 9: Plaintiff objects to this Request
because it is not reasonably related to any claim or defense in this case. The Request is also
irrelevant because it is immaterial whether Plaintiff has taken Tylenol within the last five years.
Only the COVID-19 vaccine that is the subject of this litigation. See Tr. of Hr’g on Mot. for
Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections
to taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light
touch, or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d
781, 791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9.
Furthermore, it is an undisputed material fact that Plaintiff’s beliefs were determined to be
sincere by a Navy chaplain pursuant to the Navy’s own RAR process. And as Admiral Lescher
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000221
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 223 of 275 PageID 7077
stated during his June 30, 2022 deposition (page 75, lines 11-16), he has no reason to doubt the
sincerity of the Plaintiffs’ religious beliefs underlying their RARs.
Respectfully submitted this 15 day of August 2022.
KELLY J. SHACKELFORD
Texas Bar No. 18070950
JEFFREY C. MATEER
Texas Bar No. 13185320
HIRAM S. SASSER, III
Texas Bar No. 24039157
DAVID J. HACKER
Texas Bar No. 24103323
MICHAEL D. BERRY
Texas Bar No. 24085835
JUSTIN BUTTERFIELD
Texas Bar No. 24062642
Danielle A. Runyan *
New Jersey Bar No. 027232004
Holly M. Randall *
Oklahoma Bar No. 34763
FIRST LIBERTY INSTITUTE
2001 W. Plano Pkwy., Ste. 1600
Plano, Texas 75075
Tel: (972) 941-4444
jmateer@firstliberty.org
hsasser@firstliberty.org
dhacker@firstliberty.org
mberry@firstliberty.org
jbutterfield@firstliberty.org
drunyan@firstliberty.org
hrandall@firstliberty.org
JORDAN E. PRATT
Florida Bar No. 100958* **
FIRST LIBERTY INSTITUTE
227 Pennsylvania Ave., SE
Washington, DC 20003
Tel: (972) 941-4444
jpratt@firstliberty.org
/s/ Andrew B. Stephens
HEATHER GEBELIN HACKER
Texas Bar No. 24103325
ANDREW B. STEPHENS
Texas Bar No. 24079396
HACKER STEPHENS LLP
108 Wild Basin Road South, Suite 250
Austin, Texas 78746
Tel.: (512) 399-3022
heather@hackerstephens.com
andrew@hackerstephens.com
Attorneys for Plaintiffs
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000222
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 224 of 275 PageID 7078
*Admitted pro hac vice.
** Not yet admitted to the D.C. Bar, but
admitted to practice law in Florida. Practicing
law in D.C. pursuant to D.C. Court of
Appeals Rule 49(c)(8) under the supervision
of an attorney admitted to the D.C. Bar.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000223
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 225 of 275 PageID 7079
CERTIFICATE OF SERVICE
I hereby certify that on August 15, 2022, I served a copy of Plaintiff U.S. Navy SEAL 1’s
Responses and Objections to Defendants’ First Set of Requests for Admissions on each of the
Defendants according to the Federal Rules of Civil Procedure.
/s/ Andrew B. Stephens
ANDREW B. STEPHENS
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000224
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 226 of 275 PageID 7080
DEX3
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000225
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 227 of 275 PageID 7081
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3; on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
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.
Case No. 4:21-cv-01236-O
PLAINTIFF U.S. NAVY SEAL 2’s RESPONSES AND OBJECTIONS TO
DEFENDANTS’ FIRST SET OF REQUESTS FOR ADMISSIONS
Pursuant to Federal Rule of Civil Procedure 36, Plaintiff U.S. Navy SEAL 2 (“Plaintiff”)
responds to Defendants’ First Set of Requests for Admissions as follows:
PRELIMINARY STATEMENT
1.
Plaintiff expressly reserves the right to supplement, clarify, revise, or correct any or all of
the responses and objections herein, and to assert additional objections or privileges, in one or
more subsequent supplemental response(s).
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000226
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 228 of 275 PageID 7082
GENERAL OBJECTIONS
1.
Plaintiff objects to each instruction, definition, and request for admission to the extent that
it purports to impose any requirement or discovery obligation greater than or different from those
under the Federal Rules of Civil Procedure and the applicable Rules and Orders of the Court.
2.
Plaintiff objects to each instruction, definition, and request for admission to the extent that
it seeks information protected from disclosure by the attorney-client privilege, attorney work
product doctrine, clergy privilege, marital privilege, or any other applicable privilege.
3.
Plaintiff objects to each request for admission that is not reasonably related to any claim or
defense in this case.
4.
Plaintiff incorporates by reference every general objection set forth above into each
specific response set forth below. A specific response may repeat a general objection for emphasis
or some other reason. The failure to include any general objection in any specific response does
not waive any general objection to that request. Moreover, Plaintiff does not waive his right to
amend his responses.
RESPONSES AND OBJECTIONS TO REQUESTS FOR ADMISSION
REQUEST FOR ADMISSION NO. 1: Admit that you are unwilling to receive the Novavax
COVID-19 vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 1: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. According to the Department of
Defense’s August 24, 2021 COVID-19 vaccine mandate, “Mandatory vaccination against COVID-
19 will only use COVID-19 vaccines that receive full licensure from the Food and Drug
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000227
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 229 of 275 PageID 7083
Administration (FDA), in accordance with FDA-approved labeling and guidance.” Novavax has
not received full licensure from the FDA.
REQUEST FOR ADMISSION NO. 2: Admit that you are unwilling to travel to another country
to receive any World Health Organization-listed COVID-19 vaccine that was developed without
use of fetal cell lines.
REPONSE TO REQUEST FOR ADMISSION NO. 2: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. According to the Department of
Defense’s August 24, 2021 COVID-19 vaccine mandate, “Mandatory vaccination against COVID-
19 will only use COVID-19 vaccines that receive full licensure from the Food and Drug
Administration (FDA), in accordance with FDA-approved labeling and guidance.” None of the
World Health Organization-listed COVID-19 vaccines, other than Moderna and Pfizer, have
received
full
licensure
from
the
FDA.
(https://www.cdc.gov/coronavirus/2019-
ncov/vaccines/people-vaccinated-abroad.html).
REQUEST FOR ADMISSION NO. 3: Admit that you do not know whether particular fetal cell
lines that you allege were used in connection with the Pfizer, Moderna, or Johnson & Johnson
COVID-19 vaccines resulted from an elective abortion.
REPONSE TO REQUEST FOR ADMISSION NO. 3: Plaintiff objects to this Request
because the Request itself is entirely unclear and Plaintiff cannot discern how the Request is
related to any claim or defense in this case.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000228
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 230 of 275 PageID 7084
REQUEST FOR ADMISSION NO. 4: Admit that you have received the rubella vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 4: Plaintiff objects to this Request
because it is not reasonably related to any claim or defense in this case. The Request is also
irrelevant because it is immaterial whether Plaintiff previously received a rubella vaccine. The
only vaccine that is the subject of this litigation is the COVID-19 vaccine. See Tr. of Hr’g on Mot.
for Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections
to taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own Religious Accommodation Request (“RAR”) process. And as Admiral
Lescher stated during his June 30, 2022 deposition (page 75, lines 11-16), he has no reason to
doubt the sincerity of the Plaintiffs’ religious beliefs underlying their RARs.
REQUEST FOR ADMISSION NO. 5: Admit that you have received the varicella (chickenpox)
vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 5: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff previously received a varicella vaccine. The only
vaccine that is the subject of this litigation is the COVID-19 vaccine. See Tr. of Hr’g on Mot. for
Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections to
taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000229
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 231 of 275 PageID 7085
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his June 30,
2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’
religious beliefs underlying their RARs.
REQUEST FOR ADMISSION NO. 6: Admit that you have received the Hepatitis A vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 6: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff previously received a Hepatitis A vaccine. The only
vaccine that is the subject of this litigation is the COVID-19 vaccine. See Tr. of Hr’g on Mot. for
Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections to
taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his June 30,
2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’
religious beliefs underlying their RARs.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000230
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 232 of 275 PageID 7086
REQUEST FOR ADMISSION NO. 7: Admit that you have taken ibuprofen within the last five
years.
REPONSE TO REQUEST FOR ADMISSION NO. 7: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff took ibuprofen within the last five years. Only the
COVID-19 vaccine is the subject of this litigation. See Tr. of Hr’g on Mot. for Prelim. Inj.
47:15-48:3. And it has already been established that Plaintiff’s religious objections to taking the
COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally presumed
or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his June 30,
2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’
religious beliefs underlying their RARs.
REQUEST FOR ADMISSION NO. 8: Admit that you have taken aspirin within the last five
years.
REPONSE TO REQUEST FOR ADMISSION NO. 8: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff has taken aspirin within the last five years. Only the
COVID-19 vaccine is the subject of this litigation. See Tr. of Hr’g on Mot. for Prelim. Inj.
47:15-48:3. And it has already been established that Plaintiff’s religious objections to taking the
COVID-
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000231
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 233 of 275 PageID 7087
19 vaccine are sincere. The Court recognized that “’[s]incerity is generally presumed or easily
established,’ and the court must handle that sincerity inquiry ‘with a light touch, or judicial
shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781, 791-92 (5th
Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. Furthermore, it is an undisputed
material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain pursuant to
the Navy’s own RAR process. And as Admiral Lescher stated during his June 30, 2022 deposition
(page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’ religious beliefs
underlying their RARs.
REQUEST FOR ADMISSION NO. 9: Admit that you have taken Tylenol within the last five
years.
REPONSE TO REQUEST FOR ADMISSION NO. 9: Plaintiff objects to this Request
because it is not reasonably related to any claim or defense in this case. The Request is also
irrelevant because it is immaterial whether Plaintiff has taken Tylenol within the last five years.
Only the COVID-19 vaccine that is the subject of this litigation. See Tr. of Hr’g on Mot. for
Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections
to taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light
touch, or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d
781, 791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9.
Furthermore, it is an undisputed material fact that Plaintiff’s beliefs were determined to be
sincere by a Navy chaplain pursuant to the Navy’s own RAR process. And as Admiral Lescher
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000232
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 234 of 275 PageID 7088
stated during his June 30, 2022 deposition (page 75, lines 11-16), he has no reason to doubt the
sincerity of the Plaintiffs’ religious beliefs underlying their RARs.
Respectfully submitted this 15 day of August 2022.
KELLY J. SHACKELFORD
Texas Bar No. 18070950
JEFFREY C. MATEER
Texas Bar No. 13185320
HIRAM S. SASSER, III
Texas Bar No. 24039157
DAVID J. HACKER
Texas Bar No. 24103323
MICHAEL D. BERRY
Texas Bar No. 24085835
JUSTIN BUTTERFIELD
Texas Bar No. 24062642
Danielle A. Runyan *
New Jersey Bar No. 027232004
Holly M. Randall *
Oklahoma Bar No. 34763
FIRST LIBERTY INSTITUTE
2001 W. Plano Pkwy., Ste. 1600
Plano, Texas 75075
Tel: (972) 941-4444
jmateer@firstliberty.org
hsasser@firstliberty.org
dhacker@firstliberty.org
mberry@firstliberty.org
jbutterfield@firstliberty.org
drunyan@firstliberty.org
hrandall@firstliberty.org
JORDAN E. PRATT
Florida Bar No. 100958* **
FIRST LIBERTY INSTITUTE
227 Pennsylvania Ave., SE
Washington, DC 20003
Tel: (972) 941-4444
jpratt@firstliberty.org
/s/ Andrew B. Stephens
HEATHER GEBELIN HACKER
Texas Bar No. 24103325
ANDREW B. STEPHENS
Texas Bar No. 24079396
HACKER STEPHENS LLP
108 Wild Basin Road South, Suite 250
Austin, Texas 78746
Tel.: (512) 399-3022
heather@hackerstephens.com
andrew@hackerstephens.com
Attorneys for Plaintiffs
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000233
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 235 of 275 PageID 7089
*Admitted pro hac vice.
** Not yet admitted to the D.C. Bar, but
admitted to practice law in Florida. Practicing
law in D.C. pursuant to D.C. Court of
Appeals Rule 49(c)(8) under the supervision
of an attorney admitted to the D.C. Bar.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000234
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 236 of 275 PageID 7090
CERTIFICATE OF SERVICE
I hereby certify that on August 15, 2022, I served a copy of Plaintiff U.S. Navy SEAL 2’s
Responses and Objections to Defendants’ First Set of Requests for Admissions on each of the
Defendants according to the Federal Rules of Civil Procedure.
/s/ Andrew B. Stephens
ANDREW B. STEPHENS
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000235
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 237 of 275 PageID 7091
DEX4
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000236
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 238 of 275 PageID 7092
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3; on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
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.
Case No. 4:21-cv-01236-O
PLAINTIFF U.S. NAVY SEAL 3’s RESPONSES AND OBJECTIONS TO
DEFENDANTS’ FIRST SET OF REQUESTS FOR ADMISSIONS
Pursuant to Federal Rule of Civil Procedure 36, Plaintiff U.S. Navy SEAL 3 (“Plaintiff”)
responds to Defendants’ First Set of Requests for Admissions as follows:
PRELIMINARY STATEMENT
1.
Plaintiff expressly reserves the right to supplement, clarify, revise, or correct any or all of
the responses and objections herein, and to assert additional objections or privileges, in one or
more subsequent supplemental response(s).
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000237
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 239 of 275 PageID 7093
GENERAL OBJECTIONS
1.
Plaintiff objects to each instruction, definition, and request for admission to the extent that
it purports to impose any requirement or discovery obligation greater than or different from those
under the Federal Rules of Civil Procedure and the applicable Rules and Orders of the Court.
2.
Plaintiff objects to each instruction, definition, and request for admission to the extent that
it seeks information protected from disclosure by the attorney-client privilege, attorney work
product doctrine, clergy privilege, marital privilege, or any other applicable privilege.
3.
Plaintiff objects to each request for admission that is not reasonably related to any claim or
defense in this case.
4.
Plaintiff incorporates by reference every general objection set forth above into each
specific response set forth below. A specific response may repeat a general objection for emphasis
or some other reason. The failure to include any general objection in any specific response does
not waive any general objection to that request. Moreover, Plaintiff does not waive his right to
amend his responses.
RESPONSES AND OBJECTIONS TO REQUESTS FOR ADMISSION
REQUEST FOR ADMISSION NO. 1: Admit that you are unwilling to receive the Novavax
COVID-19 vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 1: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. According to the Department of
Defense’s August 24, 2021 COVID-19 vaccine mandate, “Mandatory vaccination against COVID-
19 will only use COVID-19 vaccines that receive full licensure from the Food and Drug
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000238
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 240 of 275 PageID 7094
Administration (FDA), in accordance with FDA-approved labeling and guidance.” Novavax has
not received full licensure from the FDA.
REQUEST FOR ADMISSION NO. 2: Admit that you are unwilling to travel to another country
to receive any World Health Organization-listed COVID-19 vaccine that was developed without
use of fetal cell lines.
REPONSE TO REQUEST FOR ADMISSION NO. 2: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. According to the Department of
Defense’s August 24, 2021 COVID-19 vaccine mandate, “Mandatory vaccination against COVID-
19 will only use COVID-19 vaccines that receive full licensure from the Food and Drug
Administration (FDA), in accordance with FDA-approved labeling and guidance.” None of the
World Health Organization-listed COVID-19 vaccines, other than Moderna and Pfizer, have
received
full
licensure
from
the
FDA.
(https://www.cdc.gov/coronavirus/2019-
ncov/vaccines/people-vaccinated-abroad.html).
REQUEST FOR ADMISSION NO. 3: Admit that you do not know whether particular fetal cell
lines that you allege were used in connection with the Pfizer, Moderna, or Johnson & Johnson
COVID-19 vaccines resulted from an elective abortion.
REPONSE TO REQUEST FOR ADMISSION NO. 3: Plaintiff objects to this Request
because the Request itself is entirely unclear and Plaintiff cannot discern how the Request is
related to any claim or defense in this case.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000239
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 241 of 275 PageID 7095
REQUEST FOR ADMISSION NO. 4: Admit that you have received the rubella vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 4: Plaintiff objects to this Request
because it is not reasonably related to any claim or defense in this case. The Request is also
irrelevant because it is immaterial whether Plaintiff previously received a rubella vaccine. The
only vaccine that is the subject of this litigation is the COVID-19 vaccine. See Tr. of Hr’g on Mot.
for Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections
to taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own Religious Accommodation Request (“RAR”) process. And as Admiral
Lescher stated during his June 30, 2022 deposition (page 75, lines 11-16), he has no reason to
doubt the sincerity of the Plaintiffs’ religious beliefs underlying their RARs.
REQUEST FOR ADMISSION NO. 5: Admit that you have received the varicella (chickenpox)
vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 5: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff previously received a varicella vaccine. The only
vaccine that is the subject of this litigation is the COVID-19 vaccine. See Tr. of Hr’g on Mot. for
Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections to
taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000240
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 242 of 275 PageID 7096
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his June 30,
2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’
religious beliefs underlying their RARs.
REQUEST FOR ADMISSION NO. 6: Admit that you have received the Hepatitis A vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 6: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff previously received a Hepatitis A vaccine. The only
vaccine that is the subject of this litigation is the COVID-19 vaccine. See Tr. of Hr’g on Mot. for
Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections to
taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his June 30,
2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’
religious beliefs underlying their RARs.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000241
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 243 of 275 PageID 7097
REQUEST FOR ADMISSION NO. 7: Admit that you have taken ibuprofen within the last five
years.
REPONSE TO REQUEST FOR ADMISSION NO. 7: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff took ibuprofen within the last five years. Only the
COVID-19 vaccine is the subject of this litigation. See Tr. of Hr’g on Mot. for Prelim. Inj.
47:15-48:3. And it has already been established that Plaintiff’s religious objections to taking the
COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally presumed
or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his June 30,
2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’
religious beliefs underlying their RARs.
REQUEST FOR ADMISSION NO. 8: Admit that you have taken aspirin within the last five
years.
REPONSE TO REQUEST FOR ADMISSION NO. 8: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff has taken aspirin within the last five years. Only the
COVID-19 vaccine is the subject of this litigation. See Tr. of Hr’g on Mot. for Prelim. Inj.
47:15-48:3. And it has already been established that Plaintiff’s religious objections to taking the
COVID-
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000242
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 244 of 275 PageID 7098
19 vaccine are sincere. The Court recognized that “’[s]incerity is generally presumed or easily
established,’ and the court must handle that sincerity inquiry ‘with a light touch, or judicial
shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781, 791-92 (5th
Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. Furthermore, it is an undisputed
material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain pursuant to
the Navy’s own RAR process. And as Admiral Lescher stated during his June 30, 2022 deposition
(page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’ religious beliefs
underlying their RARs.
REQUEST FOR ADMISSION NO. 9: Admit that you have taken Tylenol within the last five
years.
REPONSE TO REQUEST FOR ADMISSION NO. 9: Plaintiff objects to this Request
because it is not reasonably related to any claim or defense in this case. The Request is also
irrelevant because it is immaterial whether Plaintiff has taken Tylenol within the last five years.
Only the COVID-19 vaccine that is the subject of this litigation. See Tr. of Hr’g on Mot. for
Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections
to taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light
touch, or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d
781, 791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9.
Furthermore, it is an undisputed material fact that Plaintiff’s beliefs were determined to be
sincere by a Navy chaplain pursuant to the Navy’s own RAR process. And as Admiral Lescher
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000243
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 245 of 275 PageID 7099
stated during his June 30, 2022 deposition (page 75, lines 11-16), he has no reason to doubt the
sincerity of the Plaintiffs’ religious beliefs underlying their RARs.
Respectfully submitted this 15 day of August 2022.
KELLY J. SHACKELFORD
Texas Bar No. 18070950
JEFFREY C. MATEER
Texas Bar No. 13185320
HIRAM S. SASSER, III
Texas Bar No. 24039157
DAVID J. HACKER
Texas Bar No. 24103323
MICHAEL D. BERRY
Texas Bar No. 24085835
JUSTIN BUTTERFIELD
Texas Bar No. 24062642
Danielle A. Runyan *
New Jersey Bar No. 027232004
Holly M. Randall *
Oklahoma Bar No. 34763
FIRST LIBERTY INSTITUTE
2001 W. Plano Pkwy., Ste. 1600
Plano, Texas 75075
Tel: (972) 941-4444
jmateer@firstliberty.org
hsasser@firstliberty.org
dhacker@firstliberty.org
mberry@firstliberty.org
jbutterfield@firstliberty.org
drunyan@firstliberty.org
hrandall@firstliberty.org
JORDAN E. PRATT
Florida Bar No. 100958* **
FIRST LIBERTY INSTITUTE
227 Pennsylvania Ave., SE
Washington, DC 20003
Tel: (972) 941-4444
jpratt@firstliberty.org
/s/ Andrew B. Stephens
HEATHER GEBELIN HACKER
Texas Bar No. 24103325
ANDREW B. STEPHENS
Texas Bar No. 24079396
HACKER STEPHENS LLP
108 Wild Basin Road South, Suite 250
Austin, Texas 78746
Tel.: (512) 399-3022
heather@hackerstephens.com
andrew@hackerstephens.com
Attorneys for Plaintiffs
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000244
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 246 of 275 PageID 7100
*Admitted pro hac vice.
** Not yet admitted to the D.C. Bar, but
admitted to practice law in Florida. Practicing
law in D.C. pursuant to D.C. Court of
Appeals Rule 49(c)(8) under the supervision
of an attorney admitted to the D.C. Bar.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000245
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 247 of 275 PageID 7101
CERTIFICATE OF SERVICE
I hereby certify that on August 15, 2022, I served a copy of Plaintiff U.S. Navy SEAL 3’s
Responses and Objections to Defendants’ First Set of Requests for Admissions on each of the
Defendants according to the Federal Rules of Civil Procedure.
/s/ Andrew B. Stephens
ANDREW B. STEPHENS
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000246
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 248 of 275 PageID 7102
DEX5
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000247
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 249 of 275 PageID 7103
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3; on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
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.
Case No. 4:21-cv-01236-O
PLAINTIFF U.S. NAVY EXPLOSIVE ORDNANCE DISPOSAL TECHNICIAN 1’s
RESPONSES AND OBJECTIONS TO DEFENDANTS’ FIRST SET OF
REQUESTS FOR ADMISSIONS
Pursuant to Federal Rule of Civil Procedure 36, Plaintiff U.S. Navy Explosive Ordnance
Disposal Technician 1 (“Plaintiff”) responds to Defendants’ First Set of Requests for Admissions
as follows:
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000248
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 250 of 275 PageID 7104
PRELIMINARY STATEMENT
1.
Plaintiff expressly reserves the right to supplement, clarify, revise, or correct any or all of
the responses and objections herein, and to assert additional objections or privileges, in one or
more subsequent supplemental response(s).
GENERAL OBJECTIONS
1.
Plaintiff objects to each instruction, definition, and request for admission to the extent that
it purports to impose any requirement or discovery obligation greater than or different from those
under the Federal Rules of Civil Procedure and the applicable Rules and Orders of the Court.
2.
Plaintiff objects to each instruction, definition, and request for admission to the extent that
it seeks information protected from disclosure by the attorney-client privilege, attorney work
product doctrine, clergy privilege, marital privilege, or any other applicable privilege.
3.
Plaintiff objects to each request for admission that is not reasonably related to any claim or
defense in this case.
4.
Plaintiff incorporates by reference every general objection set forth above into each
specific response set forth below. A specific response may repeat a general objection for emphasis
or some other reason. The failure to include any general objection in any specific response does
not waive any general objection to that request. Moreover, Plaintiff does not waive his right to
amend his responses.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000249
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 251 of 275 PageID 7105
RESPONSES AND OBJECTIONS TO REQUESTS FOR ADMISSION
REQUEST FOR ADMISSION NO. 1: Admit that you are unwilling to receive the Novavax
COVID-19 vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 1: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. According to the Department of
Defense’s August 24, 2021 COVID-19 vaccine mandate, “Mandatory vaccination against COVID-
19 will only use COVID-19 vaccines that receive full licensure from the Food and Drug
Administration (FDA), in accordance with FDA-approved labeling and guidance.” Novavax has
not received full licensure from the FDA.
REQUEST FOR ADMISSION NO. 2: Admit that you are unwilling to travel to another country
to receive any World Health Organization-listed COVID-19 vaccine that was developed without
use of fetal cell lines.
REPONSE TO REQUEST FOR ADMISSION NO. 2: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. According to the Department of
Defense’s August 24, 2021 COVID-19 vaccine mandate, “Mandatory vaccination against COVID-
19 will only use COVID-19 vaccines that receive full licensure from the Food and Drug
Administration (FDA), in accordance with FDA-approved labeling and guidance.” None of the
World Health Organization-listed COVID-19 vaccines, other than Moderna and Pfizer, have
received
full
licensure
from
the
FDA.
(https://www.cdc.gov/coronavirus/2019-
ncov/vaccines/people-vaccinated-abroad.html).
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000250
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 252 of 275 PageID 7106
REQUEST FOR ADMISSION NO. 3: Admit that you do not know whether particular fetal cell
lines that you allege were used in connection with the Pfizer, Moderna, or Johnson & Johnson
COVID-19 vaccines resulted from an elective abortion.
REPONSE TO REQUEST FOR ADMISSION NO. 3: Plaintiff objects to this Request because
the Request itself is entirely unclear and Plaintiff cannot discern how the Request is related to
any claim or defense in this case.
REQUEST FOR ADMISSION NO. 4: Admit that you have received the rubella vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 4: Plaintiff objects to this Request
because it is not reasonably related to any claim or defense in this case. The Request is also
irrelevant because it is immaterial whether Plaintiff previously received a rubella vaccine. The
only vaccine that is the subject of this litigation is the COVID-19 vaccine. See Tr. of Hr’g on Mot.
for Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections
to taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own Religious Accommodation Request (“RAR”) process. And as Admiral
Lescher stated during his June 30, 2022 deposition (page 75, lines 11-16), he has no reason to
doubt the sincerity of the Plaintiffs’ religious beliefs underlying their RARs.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000251
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 253 of 275 PageID 7107
REQUEST FOR ADMISSION NO. 5: Admit that you have received the varicella (chickenpox)
vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 5: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff previously received a varicella vaccine. The only
vaccine that is the subject of this litigation is the COVID-19 vaccine. See Tr. of Hr’g on Mot. for
Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections to
taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his June 30,
2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’
religious beliefs underlying their RARs.
REQUEST FOR ADMISSION NO. 6: Admit that you have received the Hepatitis A vaccine.
REPONSE TO REQUEST FOR ADMISSION NO. 6: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff previously received a Hepatitis A vaccine. The only
vaccine that is the subject of this litigation is the COVID-19 vaccine. See Tr. of Hr’g on Mot. for
Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections to
taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000252
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 254 of 275 PageID 7108
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his June 30,
2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’
religious beliefs underlying their RARs.
REQUEST FOR ADMISSION NO. 7: Admit that you have taken ibuprofen within the last five
years.
REPONSE TO REQUEST FOR ADMISSION NO. 7: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff took ibuprofen within the last five years. Only the
COVID-19 vaccine is the subject of this litigation. See Tr. of Hr’g on Mot. for Prelim. Inj.
47:15-48:3. And it has already been established that Plaintiff’s religious objections to taking the
COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally presumed
or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. It is also an
undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy chaplain
pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his June 30,
2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the Plaintiffs’
religious beliefs underlying their RARs.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000253
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 255 of 275 PageID 7109
REQUEST FOR ADMISSION NO. 8: Admit that you have taken aspirin within the last five
years.
REPONSE TO REQUEST FOR ADMISSION NO. 8: Plaintiff objects to this Request because
it is not reasonably related to any claim or defense in this case. The Request is also irrelevant
because it is immaterial whether Plaintiff has taken aspirin within the last five years. Only the
COVID-19 vaccine is the subject of this litigation. See Tr. of Hr’g on Mot. for Prelim. Inj.
47:15-48:3. And it has already been established that Plaintiff’s religious objections to taking the
COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally presumed
or easily established,’ and the court must handle that sincerity inquiry ‘with a light touch,
or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d 781,
791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9. Furthermore, it is
an undisputed material fact that Plaintiff’s beliefs were determined to be sincere by a Navy
chaplain pursuant to the Navy’s own RAR process. And as Admiral Lescher stated during his
June 30, 2022 deposition (page 75, lines 11-16), he has no reason to doubt the sincerity of the
Plaintiffs’ religious beliefs underlying their RARs.
REQUEST FOR ADMISSION NO. 9: Admit that you have taken Tylenol within the last five
years.
REPONSE TO REQUEST FOR ADMISSION NO. 9: Plaintiff objects to this Request
because it is not reasonably related to any claim or defense in this case. The Request is also
irrelevant because it is immaterial whether Plaintiff has taken Tylenol within the last five years.
Only the COVID-19 vaccine that is the subject of this litigation. See Tr. of Hr’g on Mot. for
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000254
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 256 of 275 PageID 7110
Prelim. Inj. 47:15-48:3. And it has already been established that Plaintiff’s religious objections
to taking the COVID-19 vaccine are sincere. The Court recognized that “’[s]incerity is generally
presumed or easily established,’ and the court must handle that sincerity inquiry ‘with a light
touch, or judicial shyness.’” Dkt. 140 (citing Moussazadeh v. Tex. Dep’t of Crim. Just., 703 F.3d
781, 791-92 (5th Cir. 2020); see also Tr. of Hr’g on Mot. for Prelim. Inj. 47:8-48:9.
Furthermore, it is an undisputed material fact that Plaintiff’s beliefs were determined to be
sincere by a Navy chaplain pursuant to the Navy’s own RAR process. And as Admiral Lescher
stated during his June 30, 2022 deposition (page 75, lines 11-16), he has no reason to doubt the
sincerity of the Plaintiffs’ religious beliefs underlying their RARs.
Respectfully submitted this 15 day of August 2022.
KELLY J. SHACKELFORD
Texas Bar No. 18070950
JEFFREY C. MATEER
Texas Bar No. 13185320
HIRAM S. SASSER, III
Texas Bar No. 24039157
DAVID J. HACKER
Texas Bar No. 24103323
MICHAEL D. BERRY
Texas Bar No. 24085835
JUSTIN BUTTERFIELD
Texas Bar No. 24062642
Danielle A. Runyan *
New Jersey Bar No. 027232004
Holly M. Randall *
Oklahoma Bar No. 34763
FIRST LIBERTY INSTITUTE
2001 W. Plano Pkwy., Ste. 1600
Plano, Texas 75075
Tel: (972) 941-4444
jmateer@firstliberty.org
hsasser@firstliberty.org
/s/ Andrew B. Stephens
HEATHER GEBELIN HACKER
Texas Bar No. 24103325
ANDREW B. STEPHENS
Texas Bar No. 24079396
HACKER STEPHENS LLP
108 Wild Basin Road South, Suite 250
Austin, Texas 78746
Tel.: (512) 399-3022
heather@hackerstephens.com
andrew@hackerstephens.com
Attorneys for Plaintiffs
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000255
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 257 of 275 PageID 7111
dhacker@firstliberty.org
mberry@firstliberty.org
jbutterfield@firstliberty.org
drunyan@firstliberty.org
hrandall@firstliberty.org
JORDAN E. PRATT
Florida Bar No. 100958* **
FIRST LIBERTY INSTITUTE
227 Pennsylvania Ave., SE
Washington, DC 20003
Tel: (972) 941-4444
jpratt@firstliberty.org
*Admitted pro hac vice.
** Not yet admitted to the D.C. Bar, but
admitted to practice law in Florida. Practicing
law in D.C. pursuant to D.C. Court of
Appeals Rule 49(c)(8) under the supervision
of an attorney admitted to the D.C. Bar.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000256
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 258 of 275 PageID 7112
CERTIFICATE OF SERVICE
I hereby certify that on August 15, 2022, I served a copy of Plaintiff U.S. Navy Explosive
Ordnance Disposal Technician 1’s Responses and Objections to Defendants’ First Set of Requests
for Admissions on each of the Defendants according to the Federal Rules of Civil Procedure.
/s/ Andrew B. Stephens
ANDREW B. STEPHENS
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000257
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 259 of 275 PageID 7113
DEX6
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000258
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 260 of 275 PageID 7114
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1-3; on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,
Plaintiffs,
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.
Case No. 4:21-cv-01236-O
NON-CLASS REPRESENTATIVE PLAINTIFFS’ (U.S. NAVY SEALS 4-26; U.S. NAVY
SPECIAL WARFARE COMBATANT CRAFT CREWMEN 1-5; and U.S. NAVY DIVERS
1-3) OBJECTIONS TO DEFENDANTS’ FIRST SET OF REQUESTS FOR ADMISSIONS
Pursuant to Federal Rule of Civil Procedure 36, Non-Class Representative Plaintiffs (U.S.
Navy SEALs 4-26; U.S. Navy Special Warfare Combatant Craft Crewmen 1-5; and U.S. Navy
Divers 1-3) (“Plaintiffs”) object to to Defendants’ First Set of Requests for Admissions as follows:
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000259
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 261 of 275 PageID 7115
PRELIMINARY STATEMENT
1.
By making the accompanying objections to Defendants’ First Set of Requests for
Admissions, Plaintiffs do not waive, and hereby expressly reserve, their right to supplement,
clarify, revise, or correct any or all of the objections herein, and to assert additional objections or
privileges, in one or more subsequent supplemental response(s).
2.
By making the accompanying objections to Defendants’ First Set of Requests for
Admissions, Plaintiffs do not waive, and hereby expressly reserve, their right to respond to
Defendants’ First Set of Requests for Admissions. No request for admission set forth herein shall
be deemed admitted.
GENERAL OBJECTIONS
1.
Plaintiffs object to each instruction, definition, and request for admission to the extent that
it purports to impose any requirement or discovery obligation greater than or different from those
under the Federal Rules of Civil Procedure and the applicable Rules and Orders of the Court.
2.
Plaintiffs object to all discovery requests to any individuals who are not class
representatives. Individualized discovery is not available in Rule 23 class actions. See Kervin v.
Supreme Serv. & Specialty Co., Inc., No. CV 15-01172, 2016 WL 8257256, at *3 (E.D. La. May
24, 2016) (stating “[i]ndividualized discovery is not generally allowed in a Rule 23 class action”);
McGrath v. City of Philadelphia, No. CIV. A. 92-4570, 1994 WL 45162, at *3 (E.D. Pa. Feb. 10,
1994) (stating “[i]t is well established that individualized discovery . . . is inappropriate in a class
action lawsuit”); Adkins v. Mid-Am. Growers, Inc., 141 F.R.D. 466, 468 (N.D. Ill. 1992) (“[T]he
ideas of a class action and individualized discovery do not fit together well. Federal Rule of Civil
Procedure 23 states ‘[o]ne or more members of a class may sue ... as representative parties on
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000260
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 262 of 275 PageID 7116
behalf of all only if (1) the class is so numerous that joinder of all members is impracticable . . . .
If joinder of all parties is impracticable, propounding discovery like interrogatories, depositions,
and requests to produce on an individual basis is even more impracticable.”). Such requests are
not only unduly burdensome but would also yield the same results as discovery requests to the
class representatives.
3.
Plaintiffs object to each and every request for admission presented in Defendants’ First Set
of Requests for Admissions with each and every general objection set forth above. Plaintiffs do
not waive their right to amend their objections.
Respectfully submitted this 15 day of August 2022.
KELLY J. SHACKELFORD
Texas Bar No. 18070950
JEFFREY C. MATEER
Texas Bar No. 13185320
HIRAM S. SASSER, III
Texas Bar No. 24039157
DAVID J. HACKER
Texas Bar No. 24103323
MICHAEL D. BERRY
Texas Bar No. 24085835
JUSTIN BUTTERFIELD
Texas Bar No. 24062642
Danielle A. Runyan *
New Jersey Bar No. 027232004
Holly M. Randall *
Oklahoma Bar No. 34763
FIRST LIBERTY INSTITUTE
2001 W. Plano Pkwy., Ste. 1600
Plano, Texas 75075
Tel: (972) 941-4444
jmateer@firstliberty.org
hsasser@firstliberty.org
dhacker@firstliberty.org
mberry@firstliberty.org
jbutterfield@firstliberty.org
drunyan@firstliberty.org
hrandall@firstliberty.org
/s/ Andrew B. Stephens
HEATHER GEBELIN HACKER
Texas Bar No. 24103325
ANDREW B. STEPHENS
Texas Bar No. 24079396
HACKER STEPHENS LLP
108 Wild Basin Road South, Suite 250
Austin, Texas 78746
Tel.: (512) 399-3022
heather@hackerstephens.com
andrew@hackerstephens.com
Attorneys for Plaintiffs
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000261
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 263 of 275 PageID 7117
JORDAN E. PRATT
Florida Bar No. 100958* **
FIRST LIBERTY INSTITUTE
227 Pennsylvania Ave., SE
Washington, DC 20003
Tel: (972) 941-4444
jpratt@firstliberty.org
*Admitted pro hac vice.
** Not yet admitted to the D.C. Bar, but
admitted to practice law in Florida. Practicing
law in D.C. pursuant to D.C. Court of
Appeals Rule 49(c)(8) under the supervision
of an attorney admitted to the D.C. Bar.
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000262
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 264 of 275 PageID 7118
CERTIFICATE OF SERVICE
I hereby certify that on August 15, 2022, I served a copy of Non-Class Representative
Plaintiffs’ Objections to Defendants’ First Set of Requests for Admissions on each of the
Defendants according to the Federal Rules of Civil Procedure.
/s/ Andrew B. Stephens
ANDREW B. STEPHENS
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000263
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 265 of 275 PageID 7119
DEX7
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000264
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 266 of 275 PageID 7120
1
Lowenstein, Jody D. (CIV)
From:
Heather Hacker <heather@hackerstephens.com>
Sent:
Monday, October 3, 2022 5:10 PM
To:
Lowenstein, Jody D. (CIV); Andrew Stephens
Cc:
Danielle Runyan; Holly Randall; David Hacker; Mike Berry; Ryan Gardner; Powell, Amy
(CIV); Carmichael, Andrew E. (CIV); Avallone, Zachary A. (CIV); Snyder, Cassandra M (CIV);
Yang, Catherine M (CIV); Knapp, Cody T. (CIV)
Subject:
[EXTERNAL] RE: Navy Seals 1-26 v. Biden - meet and confer re: RFAs
Jody,
We apologize for the delay in getting back to you. We have reviewed and compared the RFAs with the RFPs/ROGs and
the motion to compel briefing and the following is our position on the matter:
-The Court’s resolution of the issue in the first motion to compel regarding class member discovery will impact which
Plaintiffs must respond to the RFAs.
-There is no direct overlap between RFAs 1-3 and the ROGs/RFPs at issue, but those requests may be impacted by the
Court’s resolution of the arguments in the motion to compel briefing regarding sincerity, substantial burden, and least
restrictive means. To what extent, if at all, depends on the Court’s ruling.
-RFAs 4-9 appear to overlap with ROGs 3 and 13 and RFPs 9 and 10, and thus will presumably be affected by the Court’s
ruling on the first motion to compel.
Because the full scope of the dispute will be unclear until we get the Court’s ruling, Plaintiffs’ position remains that any
further litigation on these discovery issues should take place after the Court’s ruling to avoid wasting the Court’s and the
parties’ time and resources.
Heather
From: Lowenstein, Jody D. (CIV) <Jody.D.Lowenstein@usdoj.gov>
Sent: Monday, October 3, 2022 9:27 AM
To: Heather Hacker <heather@hackerstephens.com>; Andrew Stephens <andrew@hackerstephens.com>
Cc: Danielle Runyan <drunyan@firstliberty.org>; Holly Randall <hrandall@firstliberty.org>; David Hacker
<dhacker@firstliberty.org>; Mike Berry <mberry@firstliberty.org>; Ryan Gardner <rgardner@firstliberty.org>; Powell,
Amy (CIV) <Amy.Powell@usdoj.gov>; Carmichael, Andrew E. (CIV) <Andrew.E.Carmichael@usdoj.gov>; Avallone,
Zachary A. (CIV) <Zachary.A.Avallone@usdoj.gov>; Snyder, Cassandra M (CIV) <Cassandra.M.Snyder@usdoj.gov>; Yang,
Catherine M (CIV) <Catherine.M.Yang@usdoj.gov>; Knapp, Cody T. (CIV) <Cody.T.Knapp@usdoj.gov>
Subject: RE: Navy Seals 1-26 v. Biden - meet and confer re: RFAs
Andrew, Heather,
Do Plaintiffs intend to respond? As I explained last week, Defendants have held off on filing a motion to
compel answers to their RFAs because Plaintiffs wanted time to consider whether the court’s resolution of the
pending motion to compel would be fully dispositive of their objections to the RFAs. Absent an agreement as to
the effect of the courts’ forthcoming ruling, Defendants intend to file another motion to compel by Friday.
Thanks,
Jody D. Lowenstein
Trial Attorney
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000265
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 267 of 275 PageID 7121
2
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L St. NW, Rm. 11010
Washington, DC 20005
(202) 598-9280
jody.d.lowenstein@usdoj.gov
From: Lowenstein, Jody D. (CIV)
Sent: Wednesday, September 28, 2022 4:33 PM
To: Heather Hacker <heather@hackerstephens.com>; Andrew Stephens <andrew@hackerstephens.com>
Cc: Danielle Runyan <drunyan@firstliberty.org>; Holly Randall <hrandall@firstliberty.org>; David Hacker
<dhacker@firstliberty.org>; Mike Berry <mberry@firstliberty.org>; Ryan Gardner <rgardner@firstliberty.org>; Powell,
Amy (CIV) <Amy.Powell@usdoj.gov>; Carmichael, Andrew E. (CIV) <Andrew.E.Carmichael@usdoj.gov>; Avallone,
Zachary A. (CIV) <Zachary.A.Avallone@usdoj.gov>; Snyder, Cassandra M (CIV) <Cassandra.M.Snyder@usdoj.gov>; Yang,
Catherine M (CIV) <Catherine.M.Yang@usdoj.gov>; Knapp, Cody T. (CIV) <Cody.T.Knapp@usdoj.gov>
Subject: RE: Navy Seals 1-26 v. Biden - meet and confer re: RFAs
Andrew, Heather,
I am emailing to follow up on the parties’ September 8 meet and confer.
As you will recall, we discussed Defendants’ intent to move to compel answers to the RFAs that Defendants
served on July 15, 2022. I indicated that, notwithstanding Plaintiffs’ objections dated August 15, 2022,
Defendants are entitled to prompt answers to their RFAs for many of the same reasons laid out in Defendants’
pending motion to compel responses to their interrogatories and RFPs. Given the significant overlap in the
parties’ arguments, you suggested that we should await the court’s ruling on Defendants’ pending motion to
compel before litigating the RFAs.
I indicated that Defendants were open to your suggestion, but only if Plaintiffs would agree to treat the court’s
ruling on the pending motion as fully dispositive of Plaintiffs’ objections to Defendants’ RFAs. You asked for
time to consider our proposal and to determine whether there were any issues unique to Defendants’ RFAs that
would require a separate determination by the court. To allow you and your clients to do so, Defendants agreed
to hold off on filing our motion for the time being.
Plaintiffs have now had almost three weeks to consider their position. Would you please let us know if Plaintiffs
will agree to treat the court’s decision on the pending motion to compel as fully dispositive of their objections to
Defendants’ RFAs? Please provide us with Plaintiffs’ position by COB Friday, September 30.
Thank you,
Jody D. Lowenstein
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L St. NW, Rm. 11010
Washington, DC 20005
(202) 598-9280
jody.d.lowenstein@usdoj.gov
From: Heather Hacker <heather@hackerstephens.com>
Sent: Wednesday, September 7, 2022 11:47 AM
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000266
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 268 of 275 PageID 7122
3
To: Powell, Amy (CIV) <Amy.Powell@usdoj.gov>; Andrew Stephens <andrew@hackerstephens.com>; Carmichael,
Andrew E. (CIV) <Andrew.E.Carmichael@usdoj.gov>; Avallone, Zachary A. (CIV) <Zachary.A.Avallone@usdoj.gov>;
Snyder, Cassandra M (CIV) <Cassandra.M.Snyder@usdoj.gov>; Yang, Catherine M (CIV) <Catherine.M.Yang@usdoj.gov>;
Knapp, Cody T. (CIV) <Cody.T.Knapp@usdoj.gov>; Lowenstein, Jody D. (CIV) <Jody.D.Lowenstein@usdoj.gov>
Cc: Danielle Runyan <drunyan@firstliberty.org>; Holly Randall <hrandall@firstliberty.org>; David Hacker
<dhacker@firstliberty.org>; Mike Berry <mberry@firstliberty.org>; Ryan Gardner <rgardner@firstliberty.org>
Subject: [EXTERNAL] RE: Navy Seals 1-26 v. Biden - meet and confer re: RFAs
We can talk tomorrow morning after 9:30 CST.
From: Powell, Amy (CIV) <Amy.Powell@usdoj.gov>
Sent: Wednesday, September 7, 2022 10:44 AM
To: Andrew Stephens <andrew@hackerstephens.com>; Carmichael, Andrew E. (CIV)
<Andrew.E.Carmichael@usdoj.gov>; Avallone, Zachary A. (CIV) <Zachary.A.Avallone@usdoj.gov>; Snyder, Cassandra M
(CIV) <Cassandra.M.Snyder@usdoj.gov>; Yang, Catherine M (CIV) <Catherine.M.Yang@usdoj.gov>; Knapp, Cody T. (CIV)
<Cody.T.Knapp@usdoj.gov>; Lowenstein, Jody D. (CIV) <Jody.D.Lowenstein@usdoj.gov>
Cc: Heather Hacker <heather@hackerstephens.com>; Danielle Runyan <drunyan@firstliberty.org>; Holly Randall
<hrandall@firstliberty.org>; David Hacker <dhacker@firstliberty.org>; Mike Berry <mberry@firstliberty.org>; Ryan
Gardner <rgardner@firstliberty.org>
Subject: RE: Navy Seals 1-26 v. Biden - meet and confer re: RFAs
Andrew, all:
I don’t think I received a response to this email. Do you have time to talk today or tomorrow morning?
Amy
From: Powell, Amy (CIV)
Sent: Friday, September 02, 2022 10:10 AM
To: Andrew Stephens <andrew@hackerstephens.com>; Carmichael, Andrew E. (CIV)
<Andrew.E.Carmichael@usdoj.gov>; Avallone, Zachary A. (CIV) <Zachary.A.Avallone@usdoj.gov>; Snyder, Cassandra M
(CIV) <Cassandra.M.Snyder@usdoj.gov>; Yang, Catherine M (CIV) <Catherine.M.Yang@usdoj.gov>; Knapp, Cody T. (CIV)
<Cody.T.Knapp@usdoj.gov>; Lowenstein, Jody D. (CIV) <Jody.D.Lowenstein@usdoj.gov>
Cc: Heather Hacker <heather@hackerstephens.com>; Danielle Runyan <drunyan@firstliberty.org>; Holly Randall
<hrandall@firstliberty.org>; David Hacker <dhacker@firstliberty.org>; Mike Berry <mberry@firstliberty.org>; Ryan
Gardner <rgardner@firstliberty.org>
Subject: RE: Navy Seals 1-26 v. Biden - meet and confer re: RFAs
Andrew:
We have had a chance to fully review Plaintiffs’ responses to the RFAs, and we are reaching out to meet and confer
about a motion to compel responses, both from the non-class-representative Plaintiffs, and the class representatives, as
to all RFAs. Please let us know when you might be available to discuss today Tuesday or Wednesday. Given where the
parties were before Defendants filed the first motion to compel, I expect we understand Plaintiffs’ position, and this can
probably be a short call. We are always, of course, open to trying to negotiate a solution instead if you have
proposals. My colleagues Cody Knapp and Jody Lowenstein will be handling the call, I think.
Amy Elizabeth Powell
Senior Trial Counsel, Federal Programs Branch
Civil Division, Department of Justice
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000267
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 269 of 275 PageID 7123
4
150 Fayetteville St, Suite 2100
Raleigh, NC 27601
Phone: 919-856-4013
Email: amy.powell@usdoj.gov
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000268
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 270 of 275 PageID 7124
DEX8
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000269
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 271 of 275 PageID 7125
DECLARATION OF DR. BRUCE M. MCCLENATHAN
I, Bruce M. McClenathan, hereby state and declare as follows:
1.
I am a regional medical director of the Defense Health Agency-Immunization Healthcare
Division (DHA-IHD) stationed at Fort Bragg, North Carolina. During the development of the
Novavax NVX-CoV2373 vaccine, I was a member of the DHA and Preventive Medicine
Services’ COVID-19 Vaccine Implementation Plan Team.
2.
I am generally aware of the allegations set forth in the pleadings filed in this matter. I
make this declaration in my official capacity as DHA-IHD regional director and based upon my
personal knowledge and upon information that has been provided to me in the course of my
official duties.
3.
Attached as Exhibit A is a true and correct copy of the memorandum, titled “Novavax
COVID-19 Vaccine (NVX-CoV2373)-Information on Fetal Cell/Fetal Tissue,” that I received
from Dr. Gale Smith, PhD, Senior Vice President for Discovery and Pre-clinical Research, and
Chief Scientist at Novavax, on or about 12 January 2022 in the course of my work on the
COVID-19 Vaccine Implementation Plan Team.
4.
Novavax is available across the Department of Defense.
Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true
and correct. Executed this 5th day of August 2022.
BRUCE M. MCCLENATHAN
Regional Director
Immunization Healthcare Division
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000270
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 272 of 275 PageID 7126
Exhibit A
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000271
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 273 of 275 PageID 7127
•••••
•
•
.
.
novavax:
• • • • • •
Novavax COVID-19 Vaccine (NVX-CoV2373}-lnformation on Fetal Cell/Fetal Tissue
Novavax Medical Information is providing you this information in response to your request for
medical information. You requested information regarding the use of fetal tissue or fetal cell
lines in the development, confirmation, or production stages of the Novavax COVID-19 vaccine
(NVX-CoV2373}.
Novavax COVID-19 Vaccine Development
Novavax' NVX-CoV2373 vaccine is a recombinant protein vaccine, comprised of the severe
acute respiratory syndrome coronavirus 2 (SARS-CoV-2) spike glycoproteins and a saponin
based Matrix-M adjuvant.2 The Novavax NVX-CoV2373 is produced in insect cells, not
mammalian cells.
A genetic sequence for the coronavirus spike protein is cloned into the baculovirus and then
infects the Sf9 insect cells to produce the spike protein antigen that is subsequently purified by
filtration and chromatography. The saponin based Matrix-M adjuvant is based on the Quillaja
saponaria Molina bark together with cholesterol and phospholipids. The adjuvant is designed to
increase the immune response to the rSARS-CoV-2 protein.2
Animal or fetal-derived cell lines/tissue are not used in the manufacturing, testing, or
production of the Novavax COVID-19 vaccine (NVX-CoV2373) administered in the clinical trials.
In early development, pre-clinical evaluation was conducted to compare the structural integrity
of the SARS-CoV-2 spike protein produced in the Sf9 insect cells versus the spike protein
produced in the mammalian immortalized human embryonic kidney HEK 293F cells. The
comparison determined the Sf9 cell technology produced spike proteins that were comparable
in structural integrity as the spike proteins produced in the HEK 293F cell. 4 These pre-clinical
experiments were conducted using purified SARS CoV-2 spike protein produced by a vendor
separate from Novavax in a facility separate from where NVX-CoV2373 is manufactured and the
assays did not employ fetal cells or tissues. Thus, no fetal cells or tissues are utilized at any time
during the production or testing of NVX-CoV2373.
REFERENCE(S):
1. Hu J, Han J, Li H, et al. Human Embryonic Kidney 293 Cells: A Vehicle for
Biopharmaceutical Manufacturing, Structural Biology, and Electrophysiology. Cells
Tissues Organs. 2018;205(1):1-8. doi: 10.1159/000485501. Epub 2018 Feb 1. PMID:
29393161.
johndoe@novavax com
www.novavax.com
G
mobile: •1123456789
office: •1123456789
Creating tomorrow's vaccines today.
21 Firstfield Rd
Gaithersburg, MD, USA 20878
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000272
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 274 of 275 PageID 7128
2. Recombinant Nanoparticle Vaccine Technology. Novavax.
https://www.novavax.com/our-unique-technology#recombinant-nanoparticle-vaccine-
technology. Accessed December 18, 2020.
3. Data on File (1). Novavax, Inc., 2021.
4. Bangaru S, Ozorowski G, Turner HL, et al. Structural Analysis of Full-Length SARS-CoV-2
Spike Protein From an Advanced Vaccine Candidate. Science. 2020 Nov
27;370(6520):1089-1094. doi: 10.1126/science.abe1502. Epub 2020 Oct 20. PMID:
33082295.
Dr. Gale Smith, PhD
Senior Vice President
Discovery and Pre-clinical Research
Chief Scientist
.•·····
•
novavax ~
Creating tomorrow'•
11acclnN today.
. • • • • •
Defs.' Mot. to Compel Pls. to Answer Defs.' Reqs. for Admis.
App.000273
Case 4:21-cv-01236-O Document 205 Filed 10/14/22 Page 275 of 275 PageID 7129