Plaintiffs' and Defendants' Joint Status Report — Air Force Officer v. Austin (Case 5:22-cv-00009-TES, Document 131)

Date: 2024-06-13

Summary

A joint status report of plaintiffs and defendants, filed June 28, 2024 as Document 131 in Air Force Officer, et al. v. Lloyd J. Austin, III, et al., Case No. 5:22-cv-00009-TES, in the U.S. District Court for the Middle District of Georgia, Macon Division. It is submitted under the Court's June 13, 2024 Order [Doc. 129] and states that the parties disagree about whether the case is moot in its entirety. The parties propose mootness briefs by July 26, 2024 and responses by August 16, 2024, and a further joint status report within fourteen days of the Court's mootness ruling if any part of the case remains live. They also state that they disagree on attorneys' fees, propose deferring fee arguments, and ask the Court to stay the deadlines in its order at Doc. 130, including the July 13, 2024 deadline for a proposed scheduling and discovery order.

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“Plaintiffs' and Defendants' Joint Status Report — Air Force Officer v. Austin (Case 5:22-cv-00009-TES, Document 131).” Original at archive.org, dated 2024-06-13. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-06-13-covid-era-misc/, SHA-256 8470978d31c75119537c995bfc803311acb5f1f03120f2f0dbc6a4b5d0e39b16.

Full text

Case 5:22-cv-00009-TES Document 131 Filed 06/28/24 Page 1 of 4

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

AIR FORCE OFFICER, AIR FORCE NCO, )
AIR FORCE SPECIAL AGENT, and )
AIR FORCE ENGINEER, on behalf of )
themselves and all others similarly situated, )
) Case No. 5:22-cv-00009-TES
Plaintiffs, )
v. )
)
LLOYD J. AUSTIN, III, in his )
official capacity as Secretary of Defense; )
FRANK KENDALL, III, in his )
official capacity as Secretary of the Air Force; and )
ROBERT I. MILLER, in his )
official capacity as Surgeon General of the )
Air Force, )
)
Defendants. )

PLAINTIFFS’ AND DEFENDANTS’ JOINT STATUS REPORT

Pursuant to the Court’s June 13, 2024 Order [Doc. 129], the parties hereby submit this joint

status report:

1. The parties disagree about whether the case is moot in its entirety. Plaintiffs maintain

that Defendants have not demonstrated this case is moot in its entirety. Defendants maintain that

the case is moot in its entirety and should be dismissed.

2. The parties propose that they file briefs on their respective positions on mootness by

July 26, 2024, and then file responses to each other’s briefs three weeks later (by August 16, 2024).

3. The parties further propose that, if any part of this case remains live following this

Court’s resolution of mootness, the parties submit a joint status report proposing next steps within

fourteen days of the Court’s order regarding mootness.

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Case 5:22-cv-00009-TES Document 131 Filed 06/28/24 Page 2 of 4

4. The parties also disagree on whether Plaintiffs are entitled to attorneys’ fees but

agree in proposing that the parties not present any arguments about fees at least until after the issue

of mootness is resolved.

5. The parties further propose that the Court stay, pending resolution of the mootness

issue, all deadlines in its Rules 16 and 26 Order [Doc. 130] including (among other deadlines) the

July 13, 2024 deadline to submit a Proposed Scheduling and Discovery Order.

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Case 5:22-cv-00009-TES Document 131 Filed 06/28/24 Page 3 of 4

Dated: June 28, 2024

Respectfully submitted,

/s/ Adam S. Hochschild

Stephen Crampton, pro hac vice Michael R. Hirsh, GA #357220
THOMAS MORE SOCIETY – Senior Counsel Hirsh Law Office, LLC
PO Box 4506 2295 Towne Lake Parkway, Suite 116-181
Tupelo, MS 38803 Woodstock, GA 30189
(662)255-9439 (678)653-9907
scrampton@thomasmoresociety.org michael@hirsh.law

Adam S. Hochschild, pro hac vice Mary Catherine Hodes, pro hac vice
Hochschild Law Firm THOMAS MORE SOCIETY – Senior Counsel
THOMAS MORE SOCIETY – Special Counsel 112 S. Hanley Rd., Second Floor
PO Box 401 Clayton, MO 63105
Plainfield, VT 05667 (314)825-5725
(314)503-0326 mchodes@thomasmoresociety.org
adam@hochschildlaw.com

Michael McHale, pro hac vice Paul M. Jonna, pro hac vice
THOMAS MORE SOCIETY – Senior Counsel LiMandri & Jonna LLP
10506 Burt Circle, Ste. 110 THOMAS MORE SOCIETY – Special Counsel
Omaha, NE 63114 P.O. Box 9120
(402)501-8586 Rancho Santa Fe, CA 92067
mmchale@thomasmoresociety.org (858)759-994
pjonna@limandri.com

Counsel for Plaintiffs

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Case 5:22-cv-00009-TES Document 131 Filed 06/28/24 Page 4 of 4

PETER D. LEARY BRIAN M. BOYNTON
United States Attorney Principal Deputy Assistant
Middle District of Georgia Attorney General

LANCE SIMON ALEXANDER K. HAAS
Assistant United States Attorney Director, Federal Programs Branch
Georgia Bar No. 447643
300 Mulberry St., Suite 400 JOSHUA E. GARDNER
P.O. Box 1702 Special Counsel
Macon, GA 31202
Tel: (478) 621-2663
Email: lance.simon@usdoj.gov

/s/ Cassandra M. Snyder
ANDREW E. CARMICHAEL
Senior Trial Counsel
CODY T. KNAPP
CASSANDRA M. SNYDER
Trial Attorneys
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202) 451-7729
email: cassandra.m.snyder@usdoj.gov

Counsel for Defendants

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SHA-256: 8470978d31c75119537c995bfc803311acb5f1f03120f2f0dbc6a4b5d0e39b16
Our copy: gov.uscourts.gamd.123364.131.0.pdf
Original: archive.org