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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
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LLOYD J. AUSTIN, III, et al.,
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Defendants.
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ORDER
On July 6, 2023, the United States Court of Appeals for the Fifth Circuit handed down its
decision on the preliminary injunction in this case. The mandate for that opinion will soon issue on
August 28, 2023. Barring any changes to the Fifth Circuit’s decision, the Court hereby ORDERS
supplemental briefing on the following three subjects:
1.) The parties shall brief the continued viability of any arguments previously raised before this
Court and explicitly addressed by the Fifth Circuit.
2.) The parties shall brief the continued viability of any arguments previously raised before this
Court and not explicitly addressed by the Fifth Circuit.
3.) The parties shall raise any new arguments relating to the issue of mootness which have not
heretofore been presented to the Court.
The parties SHALL submit cross-briefing on these topics and any others they deem relevant.
To that end, the parties shall submit their initial briefs by September 12, 2023. The parties shall
submit their responses by September 19, 2023. Finally, due to the need to collect supplemental
briefing, the Court hereby DEFERS ruling on Defendant’s Assertion of Mootness (ECF No. 221) at
this time.
SO ORDERED on this 14th day of August, 2023.
Case 4:21-cv-01236-O Document 248 Filed 08/14/23 Page 1 of 1 PageID 7821
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Reed O’Connor
UNITED STATES DISTRICT JUDGE