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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’ RESPONSE TO THE JULY 10, 2023 ORDER
Defendants respectfully submit this response to the Court’s July 10, 2023 Order, directing the
parties to “submit their respective positions on the timing of supplemental briefing.” See ECF No.
245. Defendants take no position and have no objection to Plaintiffs’ proposed approach of waiting
for issuance of the mandate to proceed with supplemental briefing. Defendants’ counsel are available
to confer with Plaintiffs to discuss a briefing schedule at that time. If briefing proceeds now,
Defendants request three weeks to file supplemental briefs regarding the impact of the Fifth Circuit
decision in light of counsel’s schedule and the press of other business.
Dated: July 11, 2023
Respectfully submitted,
BRIAN M. BOYNTON
Principle Deputy Assistant Attorney General
ALEXANDER K. HAAS
Director, Federal Programs Branch
JOSHUA E. GARDNER
Special Counsel
/s/Amy Powell
ANDREW E. CARMICHAEL (VA Bar. No. 76578)
AMY E. POWELL
Senior Trial Counsel
Case 4:21-cv-01236-O Document 247 Filed 07/11/23 Page 1 of 2 PageID 7819
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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) 514-3346
Fax: (202) 616-8470
Email: Andrew.e.carmichael@usdoj.gov
Counsel for Defendants
Case 4:21-cv-01236-O Document 247 Filed 07/11/23 Page 2 of 2 PageID 7820