Objection to Settlement Agreement and Release of All Claims — U.S. Navy SEALs 1-26 v. Biden (Dkt. 290)
Summary
Blake Martin, SOC USN, submits an Objection to Settlement Agreement and Release of All Claims, filed 07/15/24 as Document 290 in U.S. Navy SEALs 1-26 v. Biden, Case 4:21-cv-01236-O, in the U.S. District Court for the Northern District of Texas. Writing as a class member, the objector says the settlement is not fair, reasonable or adequate and that the Navy is directed to take only symbolic remedial actions. The objection states that the objector does not consent unless six conditions are added. The conditions listed call for automatic full backpay for class members involuntarily separated for refusing the COVID-19 shots, and automatic offers of reinstatement to previous ranks and positions.
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“Objection to Settlement Agreement and Release of All Claims — U.S. Navy SEALs 1-26 v. Biden (Dkt. 290).”
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Case 4:21-cv-01236-O Document 290 Filed 07/15/24 Pagei1of2 PagelD 8185 OBJECTION TO SETTLEMENT AGREEMENT AND RELEASE OF ALL CLAIMS In U.S. Navy. SEALS 1-26 v. Biden, 4:22-cv-01236-O (N.D. Fex.)... To: United States District Court for the Northern District of Texas __ FILED From: Blake Martin, SOC USN [i , 15) vs As a class member, I object to the fairness, reasonableness, and ade or this NG ICT CG CRP) Settlement Agreement for the following reasons: L a The repair of harms is not adequate because it only forces the Navy to correct limited administrative records which fails to restore the harms that fall outside this limited definition or the harms done to those class members no longer in the service. The settlement does not adequately compensate class attorneys, who were forced to litigate with an incredibly limited budget against the significant resources of the federal government who weaponized citizens’ (including class members’) tax dollars against them. The Settlement does not compensate class members in any way whatsoever, despite many class members enduring significant financial, mental health, and medical expenses as a result of defendants actions. Finally, the Settlement does not deter the Navy from engaging in similar unlawful practices in the future because 1) the remedial actions the Navy is directed to take are completely symbolic and 2) the Settlement Agreement does not hold accountable those Navy leaders who are most responsible for violating the Religious Freedom Restoration Act and the First Amendment of the Constitution. The defendants actions in violating the rights of class members had an individualized impact and therefore must be remedied by individualized relief and compensation. I do not consent to this settlement and will object unless the following six conditions are added to the Settlement Agreement. 1) Full backpay must be provided automatically (i.e. without their having to request it), for all class members who were involuntarily separated from the Navy for refusing the COVID-19 shots after filing a religious accommodation. 2) All service members who were involuntarily separated, left the Navy voluntarily, or retired before statutory retirement age, after filing a religious accommodation, must be automatically (i.e. without their having to request it), offered full reinstatement to their previous ranks and positions with both the pay and seniority they would otherwise have been entitled to had they remained in the Navy.
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