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HEATHER GEBELIN HACKER
(512) 399-3022
Partner
Heather@HackerStephens.com
HackerStephens.com 108 Wild Basin Rd South, Suite 250, Austin TX 78746
(512) 399-3022
Contact@HackerStephens.com
January 11, 2023
Hon. Reed O’Connor, United States District Judge
United States District Court, Northern District of Texas
501 West 10th Street, Room 310
Fort Worth, TX 76102-3673
Via ECF
Re:
Navy SEALs 1-26, et al., v. Biden, et al., No. 4:21-cv-01236-O
Dear Judge O’Connor:
As the Court is aware, on January 4, 2023, the Fifth Circuit ordered the parties to submit supplemental
letter briefs by January 13 addressing the issue of mootness. The same day, this Court ordered “the
parties to file those briefs in this case on the same timeline as set by the Circuit.” ECF No. 213.
On January 5, Defendants sought an extension of time from the Fifth Circuit to file their supplemental
letter brief on January 27. Plaintiffs joined this request. On January 9, the Fifth Circuit granted the
parties an extension of time to file their supplemental briefs addressing mootness until January 27,
2023. The order is attached. Based on the Court’s previous order, see ECF No. 213, the parties will file
those briefs in this case on the same day.
Respectfully submitted,
Heather Gebelin Hacker
Counsel for Plaintiffs
Attachment: Fifth Circuit Order, Jan. 9, 2023
Case 4:21-cv-01236-O Document 215 Filed 01/11/23 Page 1 of 3 PageID 7288
United States Court of Appeals
for the Fifth Circuit
___________
No. 22-10077
consolidated with
No. 22-10534
___________
U.S. Navy SEALs 1-26; U.S. Navy Special Warfare
Combatant Craft Crewmen 1-5; U.S. Navy Explosive
Ordnance Disposal Technician 1; U.S. Navy Divers 1-3,
Plaintiffs—Appellees,
versus
Joseph R. Biden, Jr., in his official capacity as President of the United
States of America; Lloyd Austin, Secretary, U.S. Department of Defense,
individually and in his official capacity as United States Secretary of Defense;
United States Department of Defense; Carlos Del
Toro, individually and in his official capacity as United States Secretary of the
Navy,
Defendants—Appellants.
______________________________
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:21-CV-1236
USDC No. 4:21-CV-1236
______________________________
Case: 22-10077 Document: 269-1 Page: 1 Date Filed: 01/09/2023
Case 4:21-cv-01236-O Document 215 Filed 01/11/23 Page 2 of 3 PageID 7289
No. 22-10077
c/w No. 22-10534
2
ORDER:
IT IS ORDERED that the parties’ joint motion for an extension of
time to file supplemental briefs to January 27, 2023 is GRANTED.
LYLE W. CAYCE, CLERK
United States Court of Appeals
for the Fifth Circuit
/s/ Lyle W. Cayce
ENTERED AT THE DIRECTION OF THE COURT
Case: 22-10077 Document: 269-1 Page: 2 Date Filed: 01/09/2023
Case 4:21-cv-01236-O Document 215 Filed 01/11/23 Page 3 of 3 PageID 7290