Order and Amended Scheduling Order — U.S. Navy SEALs 1-26 v. Biden (Dkt. 220)
Summary
Order & Amended Scheduling Order, Document 220, filed 01/30/23 in Civil Action No. 4:21-cv-01236-O, in the U.S. District Court for the Northern District of Texas, Fort Worth Division, in the case of U.S. Navy SEALs 1-26, et al. against Lloyd J. Austin, III, et al. The Court grants in part and denies in part the Unopposed Motion to Modify the Scheduling Order (ECF No. 217), leaves the trial date unchanged, and amends the May 24, 2022 Scheduling Order (ECF No. 158) with new deadlines, including expert designations beginning February 28, 2023 and completion of discovery April 21, 2023. It appoints Magistrate Judge Cureton to mediate on or before March 31, 2023 and sets February 6, 2023 for the government's filing on mootness. Judge Reed O'Connor signs it.
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“Order and Amended Scheduling Order — U.S. Navy SEALs 1-26 v. Biden (Dkt. 220).”
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Case 4:21-cv-01236-O Document 220 Filed 01/30/23 Page 1 of 2 PageID 7341
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
FORT WORTH DIVISION
U.S. NAVY SEALs 1–26, et al., §
§
Plaintiffs, §
§
v. § Civil Action No. 4:21-cv-01236-O
§
LLOYD J. AUSTIN, III, et al., §
§
Defendants. §
ORDER & AMENDED SCHEDULING ORDER
Before the Court is the Unopposed Motion to Modify the Scheduling Order (ECF No. 217),
filed January 27, 2023. The Court also takes notice that the Parties have concurrently filed their briefs
on mootness with the Fifth Circuit and with this Court. See ECF Nos. 218, 219-1.
The Unopposed Motion to Modify the Scheduling Order (ECF No. 217) is hereby GRANTED
in part and DENIED in part. The trial date will remain unchanged, but the Court finds good cause
to AMEND the May 24, 2022 Scheduling Order (ECF No. 158) as follows:
Initial Expert Designation & Report February 28, 2023
Responsive Expert Designation & Report March 17, 2023
Rebuttal Expert Designation 14 days after disclosure made by
other party
Expert Objections May 15, 2023
Dispositive Motions April 28, 2023
Mediation March 31, 2023
Completion of Discovery April 21, 2023
Pretrial Disclosures and Objections May 10, 2023. Objections due 14
days thereafter.
Pretrial Materials (pretrial order etc.) May 25, 2023
Exchange of Exhibits June 5, 2023
Case 4:21-cv-01236-O Document 220 Filed 01/30/23 Page 2 of 2 PageID 7342
Some of these listed deadlines have not been amended, but the Court provides them here
collectively for the convenience of the Parties. All other deadlines not specified here remain
unchanged.
Plaintiffs also request the Court to appoint a mediator for this dispute. United States
Magistrate Judge Cureton is hereby APPOINTED to mediate this case. The Parties shall contact him
directly to arrange for mediation on, or before, March 31, 2023.
Furthermore, in their Fifth Circuit brief on mootness, the government asserts, “The United
States also intends to seek dismissal of the entire case as moot in the district court.” See Government’s
Fifth Circuit Brief on Mootness 8, ECF No. 219-1. The government SHALL file their assertion of
mootness no later than February 6, 2023. Plaintiffs SHALL have seven (7) days to file their
response, and the government SHALL file its reply seven (7) days thereafter.
SO ORDERED on this 30th day of January, 2023.
_____________________________________
Reed O’Connor
UNITED STATES DISTRICT JUDGE
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