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Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 1 of 13 PageID 7797
Case: 4:21-cv-1236-O Document: 213
U.S. DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FILED
APR 25 2023
CLERK, U.S. DISTRICT COURT
By Deputy
Jan Michael Caballero-Fernandez
109 Wildwood Lane
Uncasville, CT 06382
Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 2 of 13 PageID 7798
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1–26, et al., §
Plaintiffs, §
v. § Civil Action No. 4:21-cv-01236-O
LLOYD J. AUSTIN, III, et al., §
Defendants. §
ORDER
The Fifth Circuit has ordered the parties to provide supplemental briefing on the issue of
mootness. See ECF No. 212. Taking note of the same developments, this Court directs the parties to
file those briefs in this case on the same timeline as set by the Circuit.
SO ORDERED on this 4th day of January, 2023.
[illegible]
Reed O’Connor
UNITED STATES DISTRICT JUDGE
Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 3 of 13 PageID 7799
[Returned envelope, printed sideways.]
UNITED STATES DISTRICT COURT
OFFICE OF THE CLERK
NORTHERN DISTRICT OF TEXAS
501 WEST TENTH ST., ROOM 310
FORT WORTH, TX 76102
OFFICIAL BUSINESS
LEGAL MAIL
UNITED STATES POSTAGE PITNEY BOWES 02 1P $ 000.57⁰ 0000910049 JAN 05 2023 MAILED FROM ZIP CODE 76102
RECEIVED APR 25 2023 CLERK U.S DISTRICT COURT NORTHERN DISTRICT OF TEXAS
X-RAY
Jan Michael Caballero-Fernandez
109 Wildwood Lane
Uncasville, CT 06382
[illegible: postal sorting label]
RETURN TO SENDER
ATTEMPTED - NOT KNOWN
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76102>3641
Case: 4:21-cv-1236-O Document: 220
Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 4 of 13 PageID 7800
Jan Michael Caballero-Fernandez
109 Wildwood Lane
Uncasville, CT 06382
Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 5 of 13 PageID 7801
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1–26, et al., §
Plaintiffs, §
v. § Civil Action No. 4:21-cv-01236-O
LLOYD J. AUSTIN, III, et al., §
Defendants. §
ORDER & AMENDED SCHEDULING ORDER
Before the Court is the Unopposed Motion to Modify the Scheduling Order (ECF No. 217),
filed January 27, 2023. The Court also takes notice that the Parties have concurrently filed their briefs
on mootness with the Fifth Circuit and with this Court. See ECF Nos. 218, 219-1.
The Unopposed Motion to Modify the Scheduling Order (ECF No. 217) is hereby GRANTED
in part and DENIED in part. The trial date will remain unchanged, but the Court finds good cause
to AMEND the May 24, 2022 Scheduling Order (ECF No. 158) as follows:
Initial Expert Designation & Report February 28, 2023
Responsive Expert Designation & Report March 17, 2023
Rebuttal Expert Designation 14 days after disclosure made by
other party
Expert Objections May 15, 2023
Dispositive Motions April 28, 2023
Mediation March 31, 2023
Completion of Discovery April 21, 2023
Pretrial Disclosures and Objections May 10, 2023. Objections due 14
days thereafter.
Pretrial Materials (pretrial order etc.) May 25, 2023
Exchange of Exhibits June 5, 2023
Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 6 of 13 PageID 7802
Some of these listed deadlines have not been amended, but the Court provides them here
collectively for the convenience of the Parties. All other deadlines not specified here remain
unchanged.
Plaintiffs also request the Court to appoint a mediator for this dispute. United States
Magistrate Judge Cureton is hereby APPOINTED to mediate this case. The Parties shall contact him
directly to arrange for mediation on, or before, March 31, 2023.
Furthermore, in their Fifth Circuit brief on mootness, the government asserts, “The United
States also intends to seek dismissal of the entire case as moot in the district court.” See Government’s
Fifth Circuit Brief on Mootness 8, ECF No. 219-1. The government SHALL file their assertion of
mootness no later than February 6, 2023. Plaintiffs SHALL have seven (7) days to file their
response, and the government SHALL file its reply seven (7) days thereafter.
SO ORDERED on this 30th day of January, 2023.
[illegible]
Reed O’Connor
UNITED STATES DISTRICT JUDGE
Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 7 of 13 PageID 7803
[Returned envelope, printed sideways.]
UNITED STATES DISTRICT COURT
OFFICE OF THE CLERK
NORTHERN DISTRICT OF TEXAS
501 WEST TENTH ST., ROOM 310
FORT WORTH, TX 76102
OFFICIAL BUSINESS
UNITED STATES POSTAGE PITNEY BOWES 02 1P $ 000.84⁰ 0000910049 FEB 02 2023 MAILED FROM ZIP CODE 76102
X-RAY
RECEIVED APR 25 2023 CLERK U S DISTRICT COURT NORTHERN DISTRICT OF TEXAS
Jan Michael Caballero-Fernandez
109 Wildwood Lane
Uncasville, CT 06382
[illegible: postal sorting label]
RETURN TO SENDER
ATTEMPTED - NOT KNOWN
UNABLE TO FORWARD
76102>3641
Case: 4:21-cv-1236-O Document: 228
Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 8 of 13 PageID 7804
Jan Michael Caballero-Fernandez
109 Wildwood Lane
Uncasville, CT 06382
Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 9 of 13 PageID 7805
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1–26, et al., §
Plaintiffs, §
v. § Civil Action No. 4:21-cv-01236-O
LLOYD J. AUSTIN, III, et al., §
Defendants. §
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.
[illegible]
Reed O’Connor
UNITED STATES DISTRICT JUDGE
Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 10 of 13 PageID 7806
[Returned envelope, printed sideways.]
UNITED STATES DISTRICT COURT
OFFICE OF THE CLERK
NORTHERN DISTRICT OF TEXAS
501 WEST TENTH ST., ROOM 310
FORT WORTH, TX 76102
OFFICIAL BUSINESS
X-RAY
LEGAL MAIL
NORTH TEXAS TX 75[illegible] 24 FEB 2023 PM
UNITED STATES POSTAGE PITNEY BOWES 02 1P $ 000.60⁰ 0000910049 FEB 23 2023 MAILED FROM ZIP CODE 76102
RECEIVED APR 25 2023 CLERK U.S DISTRICT COURT NORTHERN DISTRICT OF TEXAS
Jan Michael Caballero-Fernandez
109 Wildwood Lane
Uncasville, CT 06382
[illegible: postal sorting label]
RETURN TO SENDER
ATTEMPTED - NOT KNOWN
UNABLE TO FORWARD
76102>3641
Case: 4:21-cv-1236-O Document: 231
Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 11 of 13 PageID 7807
Jan Michael Caballero-Fernandez
109 Wildwood Lane
Uncasville, CT 06382
Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 12 of 13 PageID 7808
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1–26, et al., §
Plaintiffs, §
v. § Civil Action No. 4:21-cv-01236-O
LLOYD J. AUSTIN, III, et al., §
Defendants. §
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 filing their Reply, Defendants have filed a Notice of Additional Guidance
Regarding Recission of DOD Covid-19 Vaccination Requirement (ECF No. 230) on February 28,
2023. Plaintiffs’ sur-reply, set to be filed on or before March 8, 2023, SHALL address this latest
development in addition to all other relevant issues.
SO ORDERED on this 1st day of March, 2023.
[illegible]
Reed O’Connor
UNITED STATES DISTRICT JUDGE
Case 4:21-cv-01236-O Document 242 Filed 04/25/23 Page 13 of 13 PageID 7809
[Returned envelope, printed sideways.]
UNITED STATES DISTRICT COURT
OFFICE OF THE CLERK
NORTHERN DISTRICT OF TEXAS
501 WEST TENTH ST., ROOM 310
FORT WORTH, TX 76102
OFFICIAL BUSINESS
LEGAL [illegible]
NORTH TEXAS TX 75[illegible] 3 MAR 2023 PM
UNITED STATES POSTAGE PITNEY BOWES 02 1P $ 000.60⁰ 0000910049 MAR 01 2023 MAILED FROM ZIP CODE 76102
RECEIVED APR 25 2023 CLERK U.S DISTRICT COURT NORTHERN DISTRICT OF TEXAS
X-RAY
Jan Michael Caballero-Fernandez
109 Wildwood Lane
Uncasville, CT 06382
[illegible: postal sorting label]
RETURN TO SENDER
ATTEMPTED - NOT KNOWN
UNABLE TO FORWARD