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Date: 11-23-2022

Case Style:

Israel Alvarado, et al. v. Lloyd Austin, III, et al.

Case Number: 1:22-cv-00876

Judge: Anthony J. Trenga

Court: United States District Court for the Eastern District of Virginia (Fairfax County)

Plaintiff's Attorney:








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Defendant's Attorney: Amy Powell, Yuri Fuchs, Michael Patrick Clendenen

Description: Alexandria, Virginia civil rights lawyers represented Plaintiffs, who sued Defendants on Administrative Procedure Act.





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Federal Courthouse - Fairfax, Virginia


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05 U.S.C. 702 provides:

A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive decree shall specify the Federal officer or officers (by name or by title), and their successors in office, personally responsible for compliance. Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.

Outcome: 1/23/2022 86 ORDERED Plaintiffs' Motion for Preliminary Injunction [Doc. No. 59] be, and the same hereby is DENIED and it is further ORDERED that the above captioned matter be and the same hereby is, DISMISSED for lack of subject-matter jurisdiction; and it is further ORDERED that Plaintiffs Motion for Class Certification [Doc. No. 71] be and the same hereby is DENIED as moot. Signed by District Judge Anthony J Trenga on 11/23/2022. (nneb) (Entered: 11/23/2022)
11/23/2022 87 Clerk's Judgment is hereby entered in accordance with Rule 58 of the Federal Rules of Civil Procedure in favor of Defendants Lloyd Austin, III, Frank Kendall, Carlos Del Toro, Christine Wormuth, Secretary Xavier Becerra, Janet Woodcock, Rochelle Walensky and against the Plaintiffs Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. Entered by Clerk on 11/23/2022. (nneb) (Entered: 11/23/2022)
12/17/2022 88 MOTION for Reconsideration by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski. (Schulcz, Arthur) (Entered: 12/17/2022)
12/17/2022 89 Memorandum of Law in Support in re MOTION for Reconsideration re 86 Order on Motion for Preliminary Injunction,, Order on Motion to Certify Class, 87 Clerk's Judgment by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski. (Attachments: # 1 Exhibit 1 2023 NDAA Sect. 525, # 2 Exhibit 2 Hirko Decl, # 3 Exhibit 3 Lewis Decl, # 4 Proposed Order)(Schulcz, Arthur) Modified to correct docket text on 12/19/2022 (swil). (Entered: 12/17/2022)
12/19/2022 Notice of Correction re 88 Motion for Reconsideration. The filing user has been notified to file a Notice of Hearing or Notice of Waiver of Oral Argument. (swil) (Entered: 12/19/2022)
12/19/2022 90 NOTICE by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young re 89 MOTION for Reconsideration re 86 Order on Motion for Preliminary Injunction,, Order on Motion to Certify Class, 87 Clerk's Judgment,,, re Errata to 89 Memorandum (Attachments: # 1 Errata Corrected Memorandum, # 2 Exhibit 1 Memo Ex 1, NDAA s 525, # 3 Exhibit 2 Memo Ex 2, Hirko Decl., # 4 Exhibit 3 Memo Ex 3, Lewis Decl, # 5 Proposed Order)(Schulcz, Arthur) (Entered: 12/19/2022)
12/19/2022 91 Notice of Hearing Date set for 01/20/2023 re 88 MOTION for Reconsideration (Schulcz, Arthur) (Entered: 12/19/2022)
12/20/2022 Notice of Correction: The filing user has been notified to refile re 91 the notice of hearing which requests a Wednesday date. (wgar, ) (Entered: 12/20/2022)
12/20/2022 92 Notice of Hearing Date set for 01/18/2023 re 91 Notice of Hearing Date, Notice of Correction, 88 MOTION for Reconsideration (Schulcz, Arthur) (Entered: 12/20/2022)
12/21/2022 Set Deadline as to 88 MOTION for Reconsideration. Motion Hearing set for 1/18/2023 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (wgar, ) (Entered: 12/21/2022)
12/28/2022 Reset Deadlines as to 88 MOTION for Reconsideration. Motion Hearing reset for 1/25/2023 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J. Trenga (per AJT chambers) (dzir) (Entered: 12/28/2022)
12/29/2022 93 ORDERED that, within fourteen (14) days of the date of this Order, Defendants shall respond to the Motion, following which Plaintiffs shall reply within seven (7) days of Defendants' opposition. Signed by District Judge Anthony J Trenga on 12/29/2022. (swil) (Entered: 12/29/2022)
01/12/2023 94 Opposition to 88 MOTION for Reconsideration filed by Lloyd Austin, III, Xavier Becerra, Carlos Del Toro, Frank Kendall, Rochelle Walensky, Janet Woodcock, Christine Wormuth. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Fuchs, Yuri) (Entered: 01/12/2023)
01/19/2023 95 Reply to Motion re 89 MOTION for Reconsideration re 86 Order on Motion for Preliminary Injunction,, Order on Motion to Certify Class, 87 Clerk's Judgment,,, , 88 MOTION for Reconsideration filed by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young. (Attachments: # 1 Exhibit 1 Army FRAGO, # 2 Exhibit 2 Navy Order, # 3 Exhibit 3 USMC Order, # 4 Exhibit 4 Combined Declarations, # 5 Exhibit 5 Extract of Injuries)(Schulcz, Arthur) (Entered: 01/20/2023)
01/20/2023 96 ORDERED that the hearing on Plaintiff's Motion for Reconsideration [Doc. No. 88] currently scheduled for Wednesday, January 25, 2023 at 10:00 a.m. be, and hereby is CANCELED. Signed by District Judge Anthony J Trenga on 1/20/2023. (swil) (Entered: 01/20/2023)
01/20/2023 97 NOTICE by Israel Alvarado, Steven Barfield, Walter Brobst, Justin Brown, David Calger, Mark Cox, Jacob Eastman, Thomas Fussell, Nathanael Gentilhomme, Doyle Harris, Jeremiah Henderson, Andrew Hirko, Krista Ingram, Ryan Jackson, Joshua Layfield, James Lee, Brad Lewis, Robert Nelson, Rick Pak, Randy Pogue, Gerardo Rodriguez, Parker Schnetz, Richard Shaffer, Jonathan Shour, Jeremiah Snyder, David Troyer, Seth Weaver, Justin Wine, Thomas Withers, Matthew Wronski, Jerry Young re 95 Reply to Motion,,, Errata re Exhibit 5 (Attachments: # 1 Errata Ex 5 Corrected)(Schulcz, Arthur) (Entered: 01/20/2023)
02/17/2023 98 MEMORANDUM OPINION and ORDER that Plaintiff's Motion for Reconsideration, [Doc. No. 88], be, and hereby is, DENIED (see Order for further details). Signed by District Judge Anthony J Trenga on 2/17/2023. (swil) (Entered: 02/17/2023)

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