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ROTH v. AUSTIN

8:22CV3038.

603 F.Supp.3d 741 (2022)

Tanner W. ROTH; Jon W. Smithley; Logan M. Priebe; Victoria S. Roberts; Timothy C. Bexten; Zachary R. Braum; Armand G. Fondren II; Nathan P. Gavic; Brennan L. Barlow; Michael T. Edwards; Matthew J. Cascarino; Matthew C. Downing; Kevin Dunbar; Cameron M. Grim; Aaron F. Karpisek; Ian C. McGee; Evan McMillan; Zachary Morley; Matthew L. Nelson; Bryan Stigall; Kynan Valencia; Morgan T. Viar; Daniel Vera Ponce; Adam R. Cassidy; Tristan M. Fries; and Airmen 1-11, Plaintiffs, v. Lloyd J. AUSTIN III, in his official capacity as United States Secretary of Defense; United States Department of Defense; Frank Kendall III, in his official capacity as United States Secretary of the Air Force; Robert I. Miller, in his official capacity as Surgeon General of the United States Air Force; Michael A. Loh, in his official capacity as the Director of the Air National Guard; David A. Weishaar, in his official capacity as Adjutant General of the Kansas National Guard; and Daryl L. Bohac, in his official capacity as Adjutant General of the Nebraska National Guard, Defendants.

United States District Court, D. Nebraska.

Signed May 18, 2022.

Attorney(s) appearing for the Case

Craig W. Trainor , Pro Hac Vice, Jessica Elizabeth Hart Steinmann, Pro Hac Vice, Pamela Jo Bondi , Pro Hac Vice, Rachel L. Jag , Pro Hac Vice, America First Policy Institute, Washington, DC, Kris W. Kobach , Kobach Law Firm, Lecompton, KS, for Plaintiffs.

Johnny H. Walker, III , Department of Justice — Civil, Washington, DC, Lynnett M. Wagner , Timothy R. Hook , U.S. Attorney's Office, Omaha, NE, Stuart Robinson , Department of Justice, San Francisco, CA, for Defendants Lloyd J. Austin, III, Frank Kendall, III, Robert I. Miller, Michael A. Loh, David A. Weishaar, Daryl L. Bohac.

Johnny H. Walker, III , Department of Justice — Civil, Washington, DC, Lynnett M. Wagner , Timothy R. Hook , U.S. Attorney's Office, Omaha, NE, for Defendant United States Department of Defense.

MEMORANDUM AND ORDER REGARDING PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION

In this case, thirty-six members of the United States Air Force (active duty), United States Air Force Reserve, or the Air National Guard have filed suit objecting to the requirement originating from the President...

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