Defendants' Appendix in Support of Their Notice of Compliance — U.S. Navy SEALs 1-3 v. Austin (Document 283)

Summary

Defendants' Appendix in Support of Their Notice of Compliance, filed June 25, 2024 as Document 283 in Case No. 4:21-cv-01236-O, U.S. Navy SEALs 1-3 and other plaintiffs against Lloyd J. Austin, III, the United States Department of Defense and Carlos Del Toro, in the U.S. District Court for the Northern District of Texas, Fort Worth Division. The table of appendix lists a Declaration of Andrew E. Carmichael (App001–App-003) and a Declaration of Captain Gareth J. Healy (App004–App-007). In the Carmichael declaration, a Senior Trial Counsel at the United States Department of Justice states that on or before June 17, 2024 the Navy sent email notices of the parties' Settlement Agreement to 2,494 Class Member email addresses and mailed the documents to 1,868 Class Member physical addresses.

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1

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-3; on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,

Plaintiffs,

v.
LLOYD J. AUSTIN, III, in his official
capacity as United States Secretary of
Defense; UNITED STATES
DEPARTMENT OF DEFENSE; CARLOS
DEL TORO, in his official capacity as
United States Secretary of the Navy,

Defendants.

Case No. 4:21-cv-01236-O

DEFENDANTS’ APPENDIX IN SUPPORT OF THEIR
NOTICE OF COMPLIANCE

Table of Appendix

Bates Stamps
Description
App001–App-003
Declaration of Andrew E. Carmichael
App004–App-007
Declaration of Captain Gareth J. Healy

Dated: June 25, 2024

Respectfully submitted,
Case 4:21-cv-01236-O   Document 283   Filed 06/25/24    Page 1 of 9   PageID 8119

2

BRIAN M. BOYNTON
Principal Deputy Assistant Attorney General

ALEXANDER K. HAAS
Director, Federal Programs Branch

LAUREN A. WETZLER
Deputy Director
Federal Programs Branch

/s/ Andrew E. Carmichael
ANDREW E. CARMICHAEL
AMY E. POWELL
Senior Trial Counsel
LIAM HOLLAND
Trial Attorney
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20005
Tel: (202)-514-3346
Email: andrew.e.carmichael@usdoj.gov

Counsel for Defendants

Case 4:21-cv-01236-O   Document 283   Filed 06/25/24    Page 2 of 9   PageID 8120

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION

U.S. NAVY SEALs 1-3; on behalf of
themselves and all others similarly situated;
U.S. NAVY EXPLOSIVE ORDNANCE
DISPOSAL TECHNICIAN 1, on behalf of
himself and all others similarly situated; U.S.
NAVY SEALS 4-26; U.S. NAVY SPECIAL
WARFARE COMBATANT CRAFT
CREWMEN 1-5; and U.S. NAVY DIVERS
1-3,

Plaintiffs,

v.

LLOYD J. AUSTIN, III, in his official
capacity as United States Secretary of
Defense; UNITED STATES
DEPARTMENT OF DEFENSE; CARLOS
DEL TORO, in his official capacity as
United States Secretary of the Navy,

Defendants.

Case No. 4:21-cv-01236-O

DECLARATION OF ANDREW E. CARMICHAEL

App.001
Case 4:21-cv-01236-O   Document 283   Filed 06/25/24    Page 3 of 9   PageID 8121

I, Andrew E. Carmichael, herby state and declare as follows:
1.
I am a Senior Trial Counsel at the United States Department of Justice and counsel of
record for Defendants in this action.  I submit this declaration in support of Defendants’ Notice of
Compliance with the Court’s Order of Preliminary Approval of the Settlement Agreement.  ECF
No. 280.
2.
On or before June 17, 2024, the Navy sent email notices containing the parties’ Settlement
Agreement and the Court approved and agreed-upon notice, see ECF No. 281, Ex. 1, Ex. 1-C, to
all current service member Class Members as defined in the parties’ Settlement Agreement and
the Court in its Order of Preliminary Approval of the Settlement Agreement, via the service
members’ official email addresses.  In total, emails containing these documents were sent to 2,494
Class Member email addresses.  Declaration of Captain Gareth J. Healy (“Healy Decl.”) ¶¶ 3-6.
3.
On or before June 17, 2024, the Navy, utilizing the support of the Defense Logistics
Agency, mailed the parties’ Settlement Agreement and the Court approved and agreed-upon
notice, see ECF No. 281, Ex. 1, Ex. 1-C, to all Class Members as defined in the parties’ Settlement
Agreement and the Court in its Order of Preliminary Approval of the Settlement Agreement, who
are no longer in the U.S. Navy, to the Class Members’ last known home address according to U.S.
Navy records.  In total, these documents were mailed to 1,868 Class Member physical addresses.
Healy Decl. ¶¶ 3-6.
4.
Accordingly, I attest that the Notice of Proposed Class Action Settlement and Hearing to
Approve Proposed Settlement, together with a copy of the Settlement Agreement and appropriate
Attachments, was sent by Defendants to each Class Member by the agreed means on or before
June 17, 2024.1

1 Because some class members received multiple e-mail notifications and/or a physical address
notification, the total number of notifications (4,362) exceeded the class size (4,339).  Healy Decl.  ¶ 7.
App.002
Case 4:21-cv-01236-O   Document 283   Filed 06/25/24    Page 4 of 9   PageID 8122

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true
and correct.
EXECUTED on June 25, 2024

/s/ Andrew E. Carmichael
ANDREW E. CARMICHAEL
Senior Trial Counsel
United States Department of Justice
Civil Division, Federal Programs Branch
1100 L Street, N.W.
Washington, DC 20530
Telephone: (202) 514-3346
Email: andrew.e.carmichael@usdoj.gov

Counsel for Defendants

App.003
Case 4:21-cv-01236-O   Document 283   Filed 06/25/24    Page 5 of 9   PageID 8123

App.004
Case 4:21-cv-01236-O   Document 283   Filed 06/25/24    Page 6 of 9   PageID 8124

App.005
Case 4:21-cv-01236-O   Document 283   Filed 06/25/24    Page 7 of 9   PageID 8125

App.006
Case 4:21-cv-01236-O   Document 283   Filed 06/25/24    Page 8 of 9   PageID 8126

App.007
Case 4:21-cv-01236-O   Document 283   Filed 06/25/24    Page 9 of 9   PageID 8127

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