Joint Report — Navy SEALs 1-3 — Lloyd J. Austin III — No. 4:21-cv-01236-O, Northern District of Texas (Document 265)

Summary

A joint report filed March 8, 2024 as Document 265 in Navy SEALs 1-3, et al. v. Lloyd J. Austin III, Civil Action No. 4:21-cv-01236-O, in the U.S. District Court for the Northern District of Texas. It responds to the court's February 14, 2024 order (ECF No. 262) asking the parties how the case should proceed to final resolution on an expedited basis. The parties state that plaintiffs do not intend to seek leave to file a second amended complaint, that settlement discussions are ongoing, and that Magistrate Judge Cureton has reserved April 3, 2024 for mediation. They propose keeping proceedings stayed until April 10, 2024 and entering an amended scheduling order with completion of discovery on June 17, 2024, dispositive motions on June 26, 2024 and a trial date of September 11, 2024. It is signed by Justice Department counsel for defendants and by counsel for plaintiffs.

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 Case 4:21-cv-01236-O Document 265 Filed 03/08/24                 Page 1 of 3 PageID 7966



                        IN THE UNITED STATES DISTRICT COURT
                        FOR THE NORTHERN DISTRICT OF TEXAS
____________________________________
                                        )
NAVY SEALS 1-3, et al.                  )
                                        )
                        Plaintiffs,     )
                                        )
               v.                       )   Civil Action No. 4:21-cv-01236-O
                                        )
Lloyd J. Austin III, in his official    )
capacity as United States               )
Secretary of Defense, et al.,           )
                                        )
                        Defendants.     )
___________________________________ )

                                       JOINT REPORT

       On February 14, 2024, the Court issued an order requiring the parties to submit a joint

report with their proposal for how this case should proceed to final resolution on an expedited

basis. ECF No. 262 at 18. The Court provided that the joint report should (1) indicate whether

any amendment of the active pleadings is warranted given the robust procedural developments in

this case and (2) provide new suggested dates for all deadlines stayed by the Court’s March 7,

2023 Order, ECF No. 234. The parties respectfully provide their positions on those issues below.

       I.      Amendment of Pleadings.

       The parties agree that the Court’s order of February 14, 2024, determined that the active

complaint encompasses the remaining issues in the case as identified by the Court, and Defendants

are now on notice of issues identified in the Court’s order. Accordingly, Plaintiffs do not intend

to seek leave to file a second amended complaint.

       II.     Proposal for Proceeding to Final Resolution on an Expedited Basis.

       The parties are engaged in ongoing settlement discussions regarding the amicable

resolution of this case without the need for further litigation, which may provide for the most

                                                1
 Case 4:21-cv-01236-O Document 265 Filed 03/08/24                   Page 2 of 3 PageID 7967



expeditious manner to resolve this case. In addition to the parties’ independent and ongoing efforts

to reach settlement, Magistrate Judge Cureton has reserved April 3, 2024, for a mediation session

to facilitate resolution of this case. Judge Cureton’s chambers has informed the parties that he will

issue an order formally scheduling this mediation after this Court issues a scheduling order. To

focus the parties’ immediate resources on reaching settlement, the parties propose proceeding in

the following manner.

       First, the parties propose that proceedings remain stayed until the proposed April 10, 2024

deadline for the parties to serve Amended Initial Disclosures and Expert Disclosures to facilitate

the parties’ settlement discussions.

       Second, the parties propose that the Court vacate all prior deadlines and enter an Amended

Scheduling Order with the following deadlines:

   Mediation                                                  April 3, 2024
   Stay of Proceedings Lifted                                 April 10, 2024
   Amended Rule 26(a)(1) Initial Disclosures and Rule         April 10, 2024
   26(a)(2) Expert Disclosures
   Rebuttal Expert Disclosures                                April 24, 2024
   Completion of Discovery                                    June 17, 2024
   Dispositive Motions                                        June 26, 2024
   Pretrial Disclosures and Objections                        August 7, 2024. Objections due 14
                                                              days thereafter.
   Pretrial Materials (pretrial order etc.)                   August 21, 2024
   Exchange of Exhibits                                       August 28, 2024
   Trial Date                                                 September 11, 2024

Dated: March 8, 2024                          Respectfully submitted,

                                              BRIAN M. BOYNTON
                                              Principal Deputy Assistant Attorney General
                                              Civil Division


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Case 4:21-cv-01236-O Document 265 Filed 03/08/24      Page 3 of 3 PageID 7968



                                 JOSHUA E. GARDNER
                                 Special Counsel

                                 /s/ Liam C. Holland
                                 ANDREW E. CARMICHAEL
                                 AMY POWELL
                                 Senior Trial Counsel
                                 LIAM C. HOLLAND
                                 Trial Attorney
                                 United States Department of Justice
                                 Civil Division, Federal Programs Branch
                                 1100 L Street, N.W.
                                 Washington, D.C. 20005
                                 Tel: (202) 514-4964
                                 Email: liam.c.holland@usdoj.gov

                                 Counsel for Defendant


KELLY J. SHACKELFORD             /s/ Andrew B. Stephens
  Texas Bar No. 18070950         HEATHER GEBELIN HACKER
JEFFREY C. MATEER                  Texas Bar No. 24103325
  Texas Bar No. 13185320         ANDREW B. STEPHENS
HIRAM S. SASSER, III               Texas Bar No. 24079396
  Texas Bar No. 24039157         HACKER STEPHENS LLP
DAVID J. HACKER                  108 Wild Basin Road South, Suite 250
  Texas Bar No. 24103323         Austin, Texas 78746
JUSTIN BUTTERFIELD               Tel.: (512) 399-3022
  Texas Bar No. 24062642         heather@hackerstephens.com
Danielle A. Runyan *             andrew@hackerstephens.com
 New Jersey Bar No. 027232004
Holly M. Randall *               Counsel for Plaintiffs
 Oklahoma Bar No. 34763
FIRST LIBERTY INSTITUTE
2001 W. Plano Pkwy., Ste. 1600
Plano, Texas 75075
Tel: (972) 941-4444
jmateer@firstliberty.org
hsasser@firstliberty.org
dhacker@firstliberty.org
jbutterfield@firstliberty.org
drunyan@firstliberty.org
hrandall@firstliberty.org




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