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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
NAVY SEALs 1-26, et al.,
Plaintiffs,
v.
JOSEPH R. BIDEN, JR., in his official capacity as
President of the United States, et al.,
Defendants.
Case No. 4:21-cv-01236-O
DEFENDANTS’ NOTICE OF FILING IN COURT OF APPEALS
As the Court is aware, the “Fifth Circuit has ordered the parties to provide supplemental
briefing on the issue of mootness.” Jan. 4, 2023 Order, ECF No. 213. Given those developments, this
Court “direct[ed] the parties to file those briefs in this case on the same timeline set by the Circuit.”
Id. Pursuant to that Order, Defendants respectfully submit a copy of the brief that was submitted
today in the United States Court of Appeals for the Fifth Circuit on the issue of mootness.
Dated: January 27, 2023
Respectfully submitted,
BRIAN M. BOYNTON
Principle Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
ANTHONY J. COPPOLINO
Deputy Director
/s/ Zachary A. Avallone
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
STUART J. ROBINSON
Senior Counsel
Case 4:21-cv-01236-O Document 219 Filed 01/27/23 Page 1 of 3 PageID 7318
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ZACHARY A. AVALLONE (DC Bar 1023361)
COURTNEY D. ENLOW
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-2705
Fax: (202) 616-8470
Email: zachary.a.avallone@usdoj.gov
Counsel for Defendants
Case 4:21-cv-01236-O Document 219 Filed 01/27/23 Page 2 of 3 PageID 7319
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CERTIFICATE OF SERVICE
I hereby certify that on January 27, 2023, I electronically filed the foregoing paper with the
Clerk of Court using this Court’s CM/ECF system, which will notify all counsel of record of such
filing.
/s/Zachary A. Avallone
ZACHARY A. AVALLONE (DC Bar 1023361)
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 514-2705
Fax: (202) 616-8470
Email: zachary.a.avallone@usdoj.gov
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