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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
NAVY SEALs 1-3, et al.,
Plaintiffs,
v.
LLOYD J. AUSTIN, III in his official capacity as
United States Secretary of Defense, et al.,
Defendants.
Case No. 4:21-cv-01236-O
DEFENDANTS’ NOTICE OF SUPPLEMENTAL AUTHORITY
Defendants respectfully provide notice of an indicative ruling by Judge Merryday in the Middle
District of Florida in a case brought by a certified class of Marines challenging the armed services’
rescinded COVID-19 vaccination requirement under the Religious Freedom Restoration Act and the
First Amendment. The district court determined that the “challenged and preliminarily enjoined
mandate no longer exists, and the issue unifying the injunctive class no longer exists.” See Order, ECF
No. 291, Col. Fin. Mgmt. Off. v. Austin, No. 8:22-cv-1275-SDM-TGW (M.D. Fla. Apr. 3, 2023), Ex 1.
Accordingly, the district court found that “[u]nder Rule 62.1, Federal Rules of Civil Procedure, ‘if the
court of appeals remands for th[is] purpose,’ an order by the district court (barring some unforeseen
event) will grant the defendants’ motions (Doc. 200 in 8:21-cv-2429 and Doc. 275 in 8:22-cv-1275) to
dissolve the preliminary injunctions, to de-certify the class of Marines, and to dismiss the complaints
as moot.” Id.
Dated: April 4, 2023
Respectfully submitted,
BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General
Civil Division
ALEXANDER K. HAAS
Director, Federal Programs Branch
Case 4:21-cv-01236-O Document 240 Filed 04/04/23 Page 1 of 2 PageID 7783
2
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
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 689-5323
Fax: (202) 616-8470
Email: andrew.e.carmichael@usdoj.gov
Counsel for Defendants
Case 4:21-cv-01236-O Document 240 Filed 04/04/23 Page 2 of 2 PageID 7784