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Home Source documents Memorandum in Support of Defendants' Assertion of Mootness — U.S. Navy SEALs 1–3 v. Austin, Case 4:21-cv-01236, Doc. 221 (Filed 02/06/23)

Memorandum in Support of Defendants' Assertion of Mootness — U.S. Navy SEALs 1–3 v. Austin, Case 4:21-cv-01236, Doc. 221 (Filed 02/06/23)

Date
2023-02-06

Summary

A memorandum in support of defendants' assertion of mootness filed February 6, 2023 as Document 221 in Navy SEALs 1-3, et al. v. Lloyd J. Austin, III, in his official capacity as United States Secretary of Defense, et al., Case No. 4:21-cv-01236-O, in the United States District Court for the Northern District of Texas. Under Rule 12(h)(3) of the Federal Rules of Civil Procedure, the defendants move to dismiss the action for lack of subject matter jurisdiction on the ground that the litigation is now moot. The filing refers the court to the defendants' accompanying brief and appendix. It is signed by Andrew E. Carmichael for the Civil Division, Federal Programs Branch of the United States Department of Justice, as counsel for defendants.

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Cite this document

“Memorandum in Support of Defendants' Assertion of Mootness — U.S. Navy SEALs 1–3 v. Austin, Case 4:21-cv-01236, Doc. 221 (Filed 02/06/23).” Original at archive.org, dated 2023-02-06. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-02-06-plaintiffs-v-lloyd-j-austin-iii-in-his-official-capacity-as/, SHA-256 4ca176eb149022de1b492a4f86b7d04d13a6ec3accaf432eadb793ccd79c0db6.

Full text

 Case 4:21-cv-01236-O Document 221 Filed 02/06/23                    Page 1 of 2 PageID 7343


                       IN THE UNITED STATES DISTRICT COURT
                       FOR THE NORTHERN DISTRICT OF TEXAS

NAVY SEALs 1-3, et al.,

                               Plaintiffs,
                                                            Case No. 4:21-cv-01236-O
       v.

LLOYD J. AUSTIN, III in his official capacity as
United States Secretary of Defense, et al.,

                               Defendants.

  MEMORANDUM IN SUPPORT OF DEFENDANTS’ ASSERTION OF MOOTNESS

       Pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure, Defendants move to dismiss

this action for lack of subject matter jurisdiction because this litigation is now moot. In support of

this motion, the Court is respectfully referred to Defendants’ accompanying brief and appendix.



Dated: February 6, 2023                        Respectfully submitted,

                                               BRIAN M. BOYNTON
                                               Principal Deputy Assistant Attorney General
                                               Civil Division

                                               ALEXANDER K. HAAS
                                               Director, Federal Programs Branch

                                               ANTHONY J. COPPOLINO
                                               Deputy Branch Director
                                               Federal Programs Branch

                                               /s/Andrew E. Carmichael
                                               ANDREW E. CARMICHAEL (VA Bar. No. 76578)
                                               AMY E. POWELL
                                               Senior Trial Counsel
                                               STUART J. ROBINSON
                                               Senior Counsel
                                               ZACHARY A. AVALLONE
                                               COURTNEY D. ENLOW
                                               LIAM C. HOLLAND
                                               CASSANDRA M. SNYDER


                                                  1
Case 4:21-cv-01236-O Document 221 Filed 02/06/23          Page 2 of 2 PageID 7344


                                 Trial Attorney
                                 United States Department of Justice
                                 Civil Division, Federal Programs Branch
                                 1100 L Street, N.W.
                                 Washington, DC 20005
                                 Tel: (202) 514-3346
                                 Fax: (202) 616-8470
                                 Email: Andrew.e.carmichael@usdoj.gov

                                 Counsel for Defendants




                                    2

File and source

File
gov.uscourts.txnd.355696.221.0.pdf
Size
112,582 bytes
SHA-256
4ca176eb149022de1b492a4f86b7d04d13a6ec3accaf432eadb793ccd79c0db6
Our copy
gov.uscourts.txnd.355696.221.0.pdf
Original
archive.org
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