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Order — U.S. Navy SEALs 1–26 v. Austin, Civil Action No. 4:21-cv-01236-O (Northern District of Texas, February 22, 2023)

Summary

Order from Judge Reed O'Connor in the United States District Court for the Northern District of Texas, Fort Worth Division, in the Navy SEALs 1–26 case, Civil Action No. 4:21-cv-01236-O (Document 228). It states that Defendants filed their Assertion of Mootness (ECF No. 221) on February 6, 2023, and that Defendants filed their Reply (ECF No. 226) on February 21, 2023. It states that Defendants argue in the Reply that the Navy's newly updated standard operating guidance, issued on February 15, 2023, further reinforces their position that all of Plaintiffs' claims are moot. Because that position is based on new facts, Plaintiffs SHALL file a sur-reply no later than March 8, 2023.

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Date
2023-02-06

Cite this document

“Order — U.S. Navy SEALs 1–26 v. Austin, Civil Action No. 4:21-cv-01236-O (Northern District of Texas, February 22, 2023).” Original at archive.org, dated 2023-02-06. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-02-06-covid-era-misc/, SHA-256 55f22e442debd26bbbf53b4951eda8c6fea0f8d9b86b3db5119918fdc18519d9.

Full text

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

U.S. NAVY SEALs 1–26, et al.,
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§

     Plaintiffs,
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§

v.
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Civil Action No. 4:21-cv-01236-O

§

LLOYD J. AUSTIN, III, et al.,
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     Defendants.
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ORDER

On February 6, 2023, Defendants filed their Assertion of Mootness (ECF No. 221). Plaintiffs
filed their Response (ECF No. 224) on February 13, 2023, and Defendants filed their Reply (ECF No.
226) on February 21, 2023. In their Reply, Defendants argue that the Navy’s newly updated standard
operating guidance, issued on February 15, 2023, further reinforces their position that all of Plaintiffs’
claims are moot. Since Defendants’ position is based on new facts, Plaintiffs should have an
opportunity to respond. Plaintiffs SHALL file a sur-reply addressing Defendants’ new arguments no
later than March 8, 2023.
SO ORDERED on this 22nd day of February, 2023.

Case 4:21-cv-01236-O   Document 228   Filed 02/22/23    Page 1 of 1   PageID 7713
_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE

File and source

File
gov.uscourts.txnd.355696.228.0.pdf
Size
129,207 bytes
SHA-256
55f22e442debd26bbbf53b4951eda8c6fea0f8d9b86b3db5119918fdc18519d9
Our copy
gov.uscourts.txnd.355696.228.0.pdf
Original
archive.org
  1. Memorandum In Support Of Defendants’ Assertion Of Mootnesssame docket · 2023-02-06
  2. SO Ordered on this 1st day of March, 2023same docket · 2023-02-06
  3. In response to this Court’s January 4, 2022 order, Plaintiffs -Appellees U.S. Navy SEALssame docket · 2023-01-27
  4. B. The Secretary’s January 10, 2023 Memorandum creates a de facto COVID-19same docket · 2023-02-13
  5. As the Court is aware, the “Fifth Circuit has ordered the parties to provide supplementalsame docket · 2023-01-27
  6. App013–App035 Ex. 3 - Second Declaration of Captain Gareth J. Healy with attachmentsame docket · 2023-02-21
  7. Joint Motion To Temporarily Stay Proceedings Or, In Thesame docket · 2023-01-23
  8. Defendants’ Reply in Support of their Assertion of Mootness — Navy SEALs 1-3 v. Lloyd J. Austin et al. (Dkt. 226)same docket · 2023-02-21
  9. As the Court is aware, on January 4, 2023 , the Fifth Circuit ordered the parties to submit supplementalsame docket · 2023-01-11
  10. On February 24, 2023, the Deputy Secretary of Defense issued a memorandum titled Guidancesame docket · 2023-02-24
  11. 525 of t he NDAA directs the Secretary, within 30 days, to rescind the August 2021 memorandumsame docket · 2023-01-10
  12. Order Granting Joint Motion to Stay Proceedings — U.S. Navy SEALs 1–26 v. Austinsame docket · 2023-03-06
  13. The parties are directed to submit supplemental letter briefs bysame docket · 2023-01-04
  14. The Fifth Circuit has ordered the parties to provide supplemental briefing on the issue ofsame docket · 2023-01-04
  15. (per curiam) (dismissing appeals and vacating judgments as moot) ; Short v. Berger, Nos. 22-15755, 22same docket · 2023-03-07
  16. Notice of Supplemental Authority — Navy SEALs 1-3 v. Austinsame docket · 2022-12-23
  17. Exhibit - U.S. Navy SEALs 1-26 v. Biden, No. 22-10077 consolidated with 22-10534 (2022-12-07)same docket · 2022-12-07
  18. new guidance Defendants create in an attempt to moot this case now that court-ordered mediationsame docket · 2023-03-08
  19. Related to Their Pending Motions to Compelsame docket · 2022-12-07
  20. • This matrix is intended to inform decision making, not to directsame docket · 2023-03-08

Part of: US Navy SEALs 1-26 v. Biden · Pandemic unemployment insurance · Federal court dockets (PACER) · 2023 · Source documents

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