Objection to Settlement Agreement and Release of All Claims — U.S. Navy SEALs 1-26 v. Biden (Dkt. 294)

Summary

Daniel S. Farberoff, E-5, USN, files an Objection to Settlement Agreement and Release of All Claims in U.S. Navy SEALs 1-26 v. Biden, Document 294, filed 07/16/24, addressed to the U.S. District Court for the Northern District of Texas. The objector, a class member, lists six conditions for consent: automatic full backpay, offers of reinstatement, attorney's fees of at least $15,000,000, and a fund of at least $200,000,000 with claims open for a minimum of five years. The remaining conditions seek an official reprimand and a minimum of seven years' bar from federal service for Admiral Gilday, Admiral Nowell and Admiral Waters, and wide latitude for the Board For the Correction of Naval Records (BCNR).

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Case 4:21-cv-01236-O Document 294 Filed 07/16/24 Page1of4 PagelD 8289

OBJECTION TO SETTLEMENT AGREEMENT AND RELEASE OFALLCLAIMSIn
U.S. Navy. SEALS 1-26 v. Biden, 4:22-cv-01236-O ND Te NRT

IERN DIST)

To: United States District Court for the Northern District of Texas f WL i

From: Daniel S. Farberoff, E-5, USN |

5 2024

CLERK, US. DISTRICT COURT
As a class member, I object to the fairness, reasonableness, and adequacy,of this YY)

Settlement Agreement for the following reasons: ee

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.

3) Compensation for class members’ attorneys is not adequate. Attorney’s fees must be
set at a minimum of $15,000,000.
Case 4:21-cv-01236-O Document 294 Filed 07/16/24 Page 2of4 PagelD 8290

4)

5)

6)

The Settlement Agreement provides zero compensation for class members to deal
with the significant financial, physical, emotional, and mental toll for the ordeal they
underwent at the hands of the defendants. A fund must be established to support the
medical, mental health, and unemployment claims of class members. This fund must
be funded by the United States Navy with a minimum of $200,000,000. The fund
must provide a method for class members to make claims for a minimum of five
years.

Admiral Gilday, Admiral Nowell, and Admiral Waters must be held accountable for
their part in violating the Religious Freedom Restoration Act and the First ,
Amendment of the Constitution. All three must be issued an official reprimand and be
barred from federal service or contracting with the federal government for a minimum
of seven years.

Wide latitude must be provided to the Board For the Correction of Naval Records
(BCNR) for class members to seek relief over defendant’s actions related to the
COVID-19 mandates. BCNR cases which do not result in satisfactory relief for class
members shall remain actionable as claims under this Settlement and relief may be
sought by class members in subsequent federal court cases.

SULY 2H24

Signed on this date: |

Lod

Daniel S. Farberoff, E-5, USN


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