Order: Motion to Stay Appeal Pending Resolution of Related Proceedings Granted — Air Force Officer v. Austin

Summary

In Air Force Officer v. Austin, No. 22-11200-DD, an appeal by Secretary of Defense Lloyd J. Austin, III, Secretary of the Air Force Frank Kendall, III and Air Force Surgeon General Robert I. Miller from the United States District Court for the Middle District of Georgia, the U.S. Court of Appeals for the Eleventh Circuit granted the plaintiff-appellee's motion to stay the appeal pending resolution of related proceedings. The order, filed August 24, 2022 and docketed in the district court as Document 125 in Case 5:22-cv-00009-TES, states that the appellee's brief "is due thirty (30) days pending final judgment after exhaustion of all appeal rights as to class-wide relief" in Doster v. Kendall, No. 1:22-cv-84 (S.D. Ohio). Counsel are directed to file monthly status reports by the 15th of every month. Circuit Judge Elizabeth L. Branch signed the order.

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IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
________________________

No. 22-11200-DD
________________________

AIR FORCE OFFICER,
on behalf of herself and all others similarly situated,

                                                                                Plaintiff - Appellee,

AIR FORCE NCO, et al.,

                                                                                Plaintiffs,

versus

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

                                                                                Defendants - Appellants.
________________________

Appeal from the United States District Court
for the Middle District of Georgia
________________________

USCA11 Case: 22-11200     Date Filed: 08/24/2022     Page: 1 of 2
Case 5:22-cv-00009-TES   Document 125   Filed 08/24/22   Page 1 of 2

ORDER:
“Plaintiff-Appellee’s Motion to Stay Appeal Pending Resolution of Related Proceedings” is
GRANTED.
Appellee’s brief is due thirty (30) days pending final judgment after exhaustion of all appeal
rights as to class-wide relief in Doster v. Kendall, No. 1:22-cv-84 (S.D. Ohio).
Counsel is directed to file monthly status reports by the 15th of every month.

__/s/ Elizabeth L. Branch__________
UNITED STATES CIRCUIT JUDGE

USCA11 Case: 22-11200     Date Filed: 08/24/2022     Page: 2 of 2
Case 5:22-cv-00009-TES   Document 125   Filed 08/24/22   Page 2 of 2

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