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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,
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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
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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
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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
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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
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App.004
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App.005
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App.006
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App.007
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