Joint Report — Navy SEALs 1-3, et al. v. Lloyd J. Austin III, Civil Action No. 4:21-cv-01236 (Document 272)

Summary

A joint report filed April 10, 2024 as Document 272 in Navy SEALs 1-3, et al. v. Lloyd J. Austin III, in his official capacity as United States Secretary of Defense, et al., Civil Action No. 4:21-cv-01236-O, in the United States District Court for the Northern District of Texas. The report responds to the court's March 11, 2024 order (ECF No. 268) requiring a joint mediation report on whether the case has settled. It states that the parties attended mediation with Magistrate Judge Cureton on April 3, 2024, that the case has not settled and that talks are continuing. The parties request one further two-week stay to facilitate continuing negotiations. The three-page report is signed by Department of Justice counsel for the defendants and by Heather Gebelin Hacker for the plaintiffs, and includes a certificate of service.

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 Case 4:21-cv-01236-O Document 272 Filed 04/10/24                    Page 1 of 3 PageID 7991



                        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 March 11, 2024, the Court issued an order requiring the parties to submit a joint

mediation report that informs the Court whether this case has been settled by agreement of the

parties. ECF No. 268. The parties attended mediation with Magistrate Judge Cureton on April 3,

2024 and have had additional conversations both with Judge Cureton and amongst themselves

since then. The case has not settled but the parties are continuing the conversation. Thus, the parties

respectfully request one further two-week stay to facilitate continuing negotiations.



Dated: April 10, 2024                          Respectfully submitted,

                                               BRIAN M. BOYNTON
                                               Principal Deputy Assistant Attorney General
                                               Civil Division

                                               JOSHUA E. GARDNER
                                               Special Counsel

                                               /s/ Andrew E. Carmichael
                                               ANDREW E. CARMICHAEL
                                               AMY POWELL
                                               Senior Trial Counsel
                                               LIAM C. HOLLAND
                                                  1
Case 4:21-cv-01236-O Document 272 Filed 04/10/24      Page 2 of 3 PageID 7992



                                 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/ Heather Gebelin Hacker
  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
Danielle A. Runyan               Tel.: (512) 399-3022
 Texas Bar No: 24134548          heather@hackerstephens.com
Holly M. Randall                 andrew@hackerstephens.com
 Texas Bar No. 24128002
FIRST LIBERTY INSTITUTE          Counsel for Plaintiffs
2001 W. Plano Pkwy., Ste. 1600
Plano, Texas 75075
Tel: (972) 941-4444
jmateer@firstliberty.org
hsasser@firstliberty.org
dhacker@firstliberty.org
drunyan@firstliberty.org
hrandall@firstliberty.org




                                    2
 Case 4:21-cv-01236-O Document 272 Filed 04/10/24                Page 3 of 3 PageID 7993



                              CERTIFICATE OF SERVICE

       I certify that on April 10, 2024, this document was served through the Court’s CM/ECF

Document Filing System upon all counsel of record.

                                                     /s/ Heather Gebelin Hacker
                                                     HEATHER GEBELIN HACKER




                                             3


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