Case: Toor v. Berger

1:22-cv-01004 | U.S. District Court for the District of Columbia

Filed Date: April 11, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about individuals who were denied religious accommodations to practice their faith while in recruit training for, or serving in, the U.S. Marine Corps. On April 11, 2022, four Sikh Americans filed suit in the U.S. District Court for the District of Columbia. The plaintiffs sued the Department of Defense (DOD), the Department of the Navy, officials in both departments, and officials in the U.S. Marine Corps under 42 U.S.C. § 1983, the Religious Freedom and Restoration Act (RFRA), …

This is a case about individuals who were denied religious accommodations to practice their faith while in recruit training for, or serving in, the U.S. Marine Corps. On April 11, 2022, four Sikh Americans filed suit in the U.S. District Court for the District of Columbia. The plaintiffs sued the Department of Defense (DOD), the Department of the Navy, officials in both departments, and officials in the U.S. Marine Corps under 42 U.S.C. § 1983, the Religious Freedom and Restoration Act (RFRA), the First Amendment and the Fifth Amendment of the United States Constitution.

Represented by The Becket Fund for Religious Liberty, the Sikh Coalition, and other private counsel, the plaintiffs sought: 1) a declaration that RFRA, the First Amendment and the Fifth Amendment required the defendants to cease their discrimination against the plaintiffs and accommodate their religious exercise, 2) a preliminary injunction enjoining the defendants from requiring the plaintiffs to shave their beards, cut their hair, or remove their religious articles as a condition of service in the Marine Corps, 3) an injunction that extended one of the plaintiff’s contracts for the duration of the lawsuit and ensured that the Armed Services Vocational Battery testing results of two of the plaintiffs didn’t expire for the duration of the lawsuit, 4) a permanent injunction enjoining the defendants from enforcing the Marine Corps’ grooming and personal appearance regulations against Plaintiffs, ordering the defendants to permit the plaintiffs to serve in the Marine Corps regardless of whether they wear beards and religious articles, and ordering that the injunction applied to all future Marine Corps posts held by the plaintiffs, 5) nominal and compensatory damages, and 6) attorney’s fees. They claimed that their religious beliefs require them to wear neatly maintained unshorn beards, turbans, and other religious articles, and the denial of these accommodations to them while they participated in recruit training and served in the Marine Corps posed a substantial burden on their religious exercise, subjected their requests to higher scrutiny due to intentional discrimination, violated their freedom of speech, their procedural and substantive due process rights under the Fifth Amendment, and their equal protection rights under the same Amendment. The case was assigned to Judge Richard J. Leon. 

Three of the plaintiffs filed a motion for a preliminary injunction on April 13, 2022, asking for their requested accommodations during bootcamp to be granted. The district court denied the plaintiffs’ motion on August 24, based on an analysis of the public interest, finding that the public interest favored the government because granting the preliminary injunction would pose a serious threat to national security by disrupting training methods, which outweighed the plaintiff’s needs for their requested accommodations. The plaintiffs appealed the denial to the Court of Appeals for the District of Columbia. The plaintiffs submitted a motion for a preliminary injunction pending appeal, which was also denied.

The Court of Appeals reversed in part and remanded for the prompt issuance of a preliminary injunction in favor of two of the plaintiffs, and remanded for reconsideration of the third plaintiff’s request for an injunction on December 23, 2022. The court stated that all three plaintiffs showed an overwhelming likelihood of success on the merits of their claim and that the defendants failed to show that their substantial burdening of the plaintiffs’ religion furthered a compelling interest by the least restrictive means, which permitted the grant of a preliminary injunction. The third plaintiff’s request was remanded for reconsideration because the court reasoned it was unclear whether he needed the requested relief before the district court could reach a judgment on the merits.

Following the decision from the Court of Appeals, the third plaintiff, subject of the remand for reconsideration, decided to join the Marine Corps as an officer rather than through recruit training. On April 6, 2023, the parties therefore stipulated to his dismissal from the action without prejudice. In addition, one of the two plaintiffs as to whom the Court of Appeals ordered prompt issuance of a preliminary injunction contracted to join the Army National Guard instead of the Marine Corps.  Therefore, on April 18, 2023, the district court issued an order as to one plaintiff only, granting a preliminary injunction and prohibiting the Marine Corps from requiring him to shave or cut his hair or to remove Sikh articles of faith, and instead setting out particular uniform and grooming requirements for the plaintiff.  Per the preliminary injunction, if the plaintiff adhered to those requirements during his training, he could not be disciplined and was to be treated the same as other recruits.    

The plaintiffs filed a motion for an extension of time to request attorney’s fees, which the district court granted on May 2, 2023. As of May 31, 2023, the case remains ongoing.

Summary Authors

Simran Takhar (1/4/2023)

Simran Takhar (5/31/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63227502/parties/toor-v-berger/


Judge(s)
Attorney for Plaintiff

Aakre, Amrith Kaur (District of Columbia)

Baxter, Eric S. (District of Columbia)

Benson, Daniel D. (District of Columbia)

Blomberg, Daniel H. (District of Columbia)

Cowherd, Matthew (District of Columbia)

Attorney for Defendant

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Documents in the Clearinghouse

Document
1

1:22-cv-01004

Verified Complaint

April 11, 2022

April 11, 2022

Complaint
45

1:22-cv-01004

Memorandum Opinion

Aug. 24, 2022

Aug. 24, 2022

Order/Opinion

2022 WL 2022

22-05234

USCA Opinion

Singh v. Berger

U.S. Court of Appeals for the District of Columbia Circuit

Dec. 23, 2022

Dec. 23, 2022

Order/Opinion

56 F.4th 56

90

1:22-cv-01004

Preliminary Injunction

April 18, 2023

April 18, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63227502/toor-v-berger/

Last updated March 9, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT (VERIFIED) against All Defendants with Jury Demand ( Filing fee $ 402 receipt number ADCDC-9164299) filed by MILAAP SINGH CHAHAL, JASKIRAT SINGH, SUKHBIR SINGH TOOR, AEKASH SINGH. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB, # 30 Exhibit CC, # 31 Exhibit DD, # 32 Exhibit EE, # 33 Exhibit FF, # 34 Exhibit GG, # 35 Summons Lloyd J. Austin III, # 36 Summons David H. Berger, # 37 Summons Carlos Del Toro, # 38 Summons David A. Ottignon, # 39 Summons Eric M. Smith, # 40 Summons U.S. Department of Defense, # 41 Summons U.S. Department of the Navy)(Baxter, Eric) (Attachment 27 replaced on 4/12/2022) (rj). Modified on 4/12/2022 to flatten pdf (rj). (Entered: 04/11/2022)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Exhibit F

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8 Exhibit G

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9 Exhibit H

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10 Exhibit I

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11 Exhibit J

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12 Exhibit K

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13 Exhibit L

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14 Exhibit M

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15 Exhibit N

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16 Exhibit O

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17 Exhibit P

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18 Exhibit Q

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19 Exhibit R

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20 Exhibit S

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21 Exhibit T

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22 Exhibit U

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23 Exhibit V

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24 Exhibit W

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25 Exhibit X

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26 Exhibit Y

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27 Exhibit Z

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28 Exhibit AA

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29 Exhibit BB

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30 Exhibit CC

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31 Exhibit DD

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32 Exhibit EE

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33 Exhibit FF

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34 Exhibit GG

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35 Summons Lloyd J. Austin III

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36 Summons David H. Berger

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37 Summons Carlos Del Toro

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38 Summons David A. Ottignon

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39 Summons Eric M. Smith

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40 Summons U.S. Department of Defense

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41 Summons U.S. Department of the Navy

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April 11, 2022

April 11, 2022

Clearinghouse
2

NOTICE of Appearance by Eric S. Baxter on behalf of All Plaintiffs (Baxter, Eric) (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
3

NOTICE of Appearance by Diana Marie Verm Thomson on behalf of All Plaintiffs (Thomson, Diana) (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
4

NOTICE of Appearance by Daniel H. Blomberg on behalf of All Plaintiffs (Blomberg, Daniel) (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
6

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 21-cv-1047. (zmh) (Entered: 04/13/2022)

April 11, 2022

April 11, 2022

PACER
5

NOTICE of Appearance by Sian Jones on behalf of All Defendants (Jones, Sian) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER

Case Assigned/Reassigned

April 13, 2022

April 13, 2022

PACER

Case Assigned to Judge Timothy J. Kelly. (zmh)

April 13, 2022

April 13, 2022

PACER
7

NOTICE of Appearance by Amandeep S. Sidhu on behalf of All Plaintiffs (Sidhu, Amandeep) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER

Notice of QC- New Case

April 13, 2022

April 13, 2022

PACER
8

SUMMONS(7) Issued Electronically as to All Defendants. (Attachment: # 1 Notice and Consent)(zmh) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER

NOTICE OF ERROR re 1 Complaint; emailed to ebaxter@becketlaw.org, cc'd 9 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zmh, )

April 13, 2022

April 13, 2022

PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew K. Cowherd, Filing fee $ 100, receipt number ADCDC-9169722. Fee Status: Fee Paid. by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Sidhu, Amandeep) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Brian W. Song, Filing fee $ 100, receipt number ADCDC-9169740. Fee Status: Fee Paid. by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Sidhu, Amandeep) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Amrith Kaur Aakre, Filing fee $ 100, receipt number ADCDC-9169755. Fee Status: Fee Paid. by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Sidhu, Amandeep) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Giselle Solenn Klapper, Filing fee $ 100, receipt number ADCDC-9169763. Fee Status: Fee Paid. by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Sidhu, Amandeep) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
13

REQUEST FOR SUMMONS TO ISSUE to U.S. Attorney General (additional summons in attachment) filed by MILAAP SINGH CHAHAL, JASKIRAT SINGH, SUKHBIR SINGH TOOR, AEKASH SINGH. (Attachments: # 1 Summons to U.S. Attorney)(Baxter, Eric) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
14

NOTICE of Appearance by Christopher Pagliarella on behalf of All Plaintiffs (Pagliarella, Christopher) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
15

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General. (ztth) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
16

MOTION for Preliminary Injunction by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH. (Attachments: # 1 Memorandum in Support, # 2 Declaration of G. Klapper, # 3 Exhibit A (Klapper), # 4 Exhibit B (Klapper), # 5 Exhibit C (Klapper), # 6 Exhibit D (Klapper), # 7 Declaration of G. Miller, # 8 Text of Proposed Order)(Baxter, Eric) (Entered: 04/13/2022)

1 Memorandum in Support

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2 Declaration of G. Klapper

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3 Exhibit A (Klapper)

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4 Exhibit B (Klapper)

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5 Exhibit C (Klapper)

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6 Exhibit D (Klapper)

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7 Declaration of G. Miller

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8 Text of Proposed Order

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April 13, 2022

April 13, 2022

PACER

MINUTE ORDER: It is hereby ORDERED that the parties shall appear today, April 14, 2022, at 1:30 p.m. for a telephonic status conference. The parties shall contact the Courtroom Deputy at (202) 354-3495 to make arrangements to do so. The Court intends to inquire of the parties whether they agree that this is a related case to Di Liscia et al. v. Austin et al., No. 21-cv-1047, under Local Rule 40.5. Signed by Judge Timothy J. Kelly on 4/14/2022. (lctjk1) Modified to correct telephone number on 4/14/2022 (zkh).

April 14, 2022

April 14, 2022

PACER

Order

April 14, 2022

April 14, 2022

PACER

Minute Entry for proceedings held before Judge Timothy J. Kelly: Telephonic Status Conference held on 4/14/2022. Joint Status Report due by close of business on 4/18/2022. (Court Reporter: Timothy Miller) (zkh)

April 14, 2022

April 14, 2022

PACER

Status Conference

April 14, 2022

April 14, 2022

PACER
17

NOTICE of Appearance by Erika Kirstie Oblea on behalf of All Defendants (Oblea, Erika) (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER

~Util - Set/Reset Hearings AND .Order

April 14, 2022

April 14, 2022

PACER

~Util - Set/Reset Deadlines AND Status Conference

April 14, 2022

April 14, 2022

PACER

MINUTE ORDER: After filing their complaint in this case, Plaintiffs filed a notice of related case in which they assert that under Local Rule 40.5, this action is related to another civil action pending before the Court, Di Liscia et al. v. Austin et al., No. 21-cv-1047, because the cases "involve[] common issues of fact." ECF No. 6 . At a status conference on April 14, 2022, Defendants objected to the related designation. The Court agrees with Defendants that the cases are not related under Local Rule 40.5. To be sure, the cases are similar. Both involve RFRA, First Amendment, due process, and equal protection claims stemming from denials of religious accommodations for individuals whose faith requires them to maintain a beard. Plaintiffs in this case challenge the Marine Corps' denial of religious accommodations. Plaintiffs in Di Liscia challenge the U.S. Navy's denial of religious accommodations. But given the fact-intensive analysis required in these RFRA/First Amendment cases, the Court cannot say that they present "common issues of fact" for purposes of the rule. The cases involve different sincerely held beliefs -- Plaintiffs here are Sikhs, and Plaintiffs in Di Liscia are Chassidic Jews and Muslims. The cases also involve requests for different accommodations -- Plaintiffs here seek accommodations to wear uncut hair, a beard, a turban, and other articles of faith, while Plaintiffs in Di Liscia only seek to wear a beard. Most importantly, though, the cases involve very different contexts in which the accommodations are sought. In this case, the accommodations are sought by a Field Artillery Officer in the Marine Corps and three Marine Corps recruits. The recruits in particular are seeking accommodations for their training, often referred to as "Boot Camp." Meanwhile, in Di Liscia, the accommodations are sought by sailors in the U.S. Navy, most of whom are deployed on ships. These different contexts are especially important as the Court weighs Defendants' proffered interests in denying the requested accommodations. For all these reasons, the Court finds that these cases do not involve common issues of fact under Local Rule 40.5 and are therefore not related for the purpose of that rule. Accordingly, it is hereby ORDERED that the Clerk of Court shall return this case to the Calendar and Case Management Committee for random assignment as soon as possible, given that Plaintiffs have moved for preliminary injunctive relief. Signed by Judge Timothy J. Kelly on 4/18/2022. (lctjk1)

April 18, 2022

April 18, 2022

PACER

Order

April 18, 2022

April 18, 2022

PACER

Case Assigned/Reassigned

April 18, 2022

April 18, 2022

PACER

Case randomly reassigned to Judge Richard J. Leon as the case is not related. Judge Timothy J. Kelly is no longer assigned to the case. (rj)

April 18, 2022

April 18, 2022

PACER
18

NOTICE of Appearance by James R. Powers on behalf of All Defendants (Powers, James) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

PACER
19

Joint STATUS REPORT by LLOYD JAMES AUSTIN, III, DAVID H. BERGER, CARLOS DEL TORO, DAVID A. OTTIGNON, ERIC M. SMITH, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: # 1 Exhibit A)(Powers, James) (Entered: 04/18/2022)

1 Exhibit A

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April 18, 2022

April 18, 2022

PACER

.Order

April 18, 2022

April 18, 2022

PACER

MINUTE ORDER. Upon consideration of the parties' 19 Joint Status Report, it is hereby ORDERED that the parties shall file another Joint Status Report no later than April 25, 2022 with a proposal for future proceedings. SO ORDERED. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2)

April 20, 2022

April 20, 2022

PACER

Order

April 20, 2022

April 20, 2022

PACER
20

STANDING ORDER. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2) (Entered: 04/20/2022)

April 20, 2022

April 20, 2022

PACER

MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED and that Matthew K. Cowherd be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2)

April 20, 2022

April 20, 2022

PACER

MINUTE ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED and that Brian W. Song be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2)

April 20, 2022

April 20, 2022

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 20, 2022

April 20, 2022

PACER

MINUTE ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED and that Amrith Kaur Aakre be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2)

April 20, 2022

April 20, 2022

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MINUTE ORDER granting 12 Motion for Leave to Appear Pro Hac Vice. It is hereby ORDERED that the motion is GRANTED and that Giselle Solenn Klapper be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Richard J. Leon on 4/20/2022. (lcrjl2)

April 20, 2022

April 20, 2022

PACER

.Order

April 20, 2022

April 20, 2022

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21

NOTICE of Appearance by Giselle Klapper on behalf of All Plaintiffs (Klapper, Giselle) (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

PACER
22

NOTICE of Appearance by Amrith Kaur Aakre on behalf of All Plaintiffs (Aakre, Amrith) (Main Document 22 replaced on 4/21/2022) (zjf). (Entered: 04/21/2022)

April 21, 2022

April 21, 2022

PACER
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NOTICE of Appearance by Brian Song on behalf of JASKIRAT SINGH (Song, Brian) (Main Document 23 replaced on 4/25/2022) (zjf). (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
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NOTICE of Appearance by Matthew Cowherd on behalf of JASKIRAT SINGH (Cowherd, Matthew) (Main Document 24 replaced on 4/25/2022) (zjf). (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
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Joint STATUS REPORT by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Baxter, Eric) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
26

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LLOYD JAMES AUSTIN, III served on 4/14/2022 (Baxter, Eric) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
27

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID H. BERGER served on 4/15/2022 (Baxter, Eric) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
28

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF THE NAVY served on 4/15/2022 (Baxter, Eric) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
29

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF DEFENSE served on 4/14/2022 (Baxter, Eric) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
30

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DAVID A. OTTIGNON served on 4/15/2022 (Baxter, Eric) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ERIC M. SMITH served on 4/15/2022 (Baxter, Eric) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
32

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/14/2022. Answer due for ALL FEDERAL DEFENDANTS by 6/13/2022. (Baxter, Eric) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/14/2022. (Baxter, Eric) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
34

NOTICE OF WITHDRAWAL OF APPEARANCE as to LLOYD JAMES AUSTIN, III, DAVID H. BERGER, CARLOS DEL TORO, DAVID A. OTTIGNON, ERIC M. SMITH, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. Attorney Erika Kirstie Oblea terminated. (Oblea, Erika) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER

MINUTE ORDER. Upon consideration of the parties' 25 Joint Status Report, it is hereby ORDERED that the proposed briefing schedule is adopted. Defendants shall respond to plaintiffs' 16 Motion for Preliminary Injunction no later than May 25, 2022. Plaintiffs shall file any reply no later than June 13, 2022. It is further ORDERED that a preliminary injunction hearing shall be held before Judge Richard J. Leon in Courtroom 18 on June 28, 2022 at 3:00 PM. SO ORDERED. Signed by Judge Richard J. Leon on 5/2/2022. (lcrjl2)

May 2, 2022

May 2, 2022

PACER

Order

May 2, 2022

May 2, 2022

PACER

.Order

May 2, 2022

May 2, 2022

PACER

Set/Reset Deadlines/Hearings

May 3, 2022

May 3, 2022

PACER

Set/Reset Deadlines/Hearings: Defendants' response due by 5/25/2022. Plaintiffs' reply due by 6/13/2022. Preliminary Injunction Hearing set for 6/28/2022 at 3:00 PM in Courtroom 18- In Person before Judge Richard J. Leon. (hmc)

May 3, 2022

May 3, 2022

PACER
35

RESPONSE re 16 MOTION for Preliminary Injunction filed by LLOYD JAMES AUSTIN, III, DAVID H. BERGER, CARLOS DEL TORO, DAVID A. OTTIGNON, ERIC M. SMITH, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Proposed Order)(Powers, James) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
36

Consent MOTION for Extension of Time to File Answer re 1 Complaint,,,, by LLOYD JAMES AUSTIN, III, DAVID H. BERGER, CARLOS DEL TORO, DAVID A. OTTIGNON, ERIC M. SMITH, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: # 1 Proposed Order)(Powers, James) (Entered: 06/07/2022)

June 7, 2022

June 7, 2022

PACER

Order on Motion for Extension of Time to Answer

June 7, 2022

June 7, 2022

PACER

MINUTE ORDER. Upon consideration of defendants' 36 Consent Motion for Extension of Time, it is hereby ORDERED that the motion is GRANTED. Defendants shall respond to the Complaint no later than June 21, 2022. SO ORDERED. Signed by Judge Richard J. Leon on 6/7/22. (lcrjl2)

June 7, 2022

June 7, 2022

PACER

Set/Reset Deadlines AND Order on Motion for Extension of Time to Answer

June 7, 2022

June 7, 2022

PACER
37

REPLY to opposition re 16 MOTION for Preliminary Injunction filed by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH. (Baxter, Eric) Modified on 6/14/2022 to correct docket link (zjf). (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
38

NOTICE of Appearance by Laura Wolk on behalf of MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR (Wolk, Laura) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER
39

NOTICE OF WITHDRAWAL OF APPEARANCE as to MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. Attorney Christopher Pagliarella terminated. (Pagliarella, Christopher) (Entered: 06/16/2022)

June 16, 2022

June 16, 2022

PACER
40

ANSWER to Complaint by LLOYD JAMES AUSTIN, III, DAVID H. BERGER, CARLOS DEL TORO, DAVID A. OTTIGNON, ERIC M. SMITH, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY.(Powers, James) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

RECAP

MINUTE ORDER. It is hereby ORDERED that the preliminary injunction hearing scheduled for 3:00 PM on June 28, 2022 shall instead be held at 3:30 PM on June 28, 2022 in Courtroom 18 before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 6/28/22. (lcrjl2)

June 28, 2022

June 28, 2022

PACER

Order

June 28, 2022

June 28, 2022

PACER

Preliminary Injunction

June 28, 2022

June 28, 2022

PACER

Minute Entry for proceedings held before Judge Richard J. Leon: Preliminary Injunction Hearing held on 6/28/2022. Arguments heard and taken under advisement. Supplemental Briefs due ten days after receipt of transcript. (Court Reporter: Lisa Moreira) (zjd)

June 28, 2022

June 28, 2022

PACER

.Order

June 28, 2022

June 28, 2022

PACER
41

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CARLOS DEL TORO served on 5/3/2022 (Baxter, Eric) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER

Notice of QC

July 12, 2022

July 12, 2022

PACER

NOTICE OF ERROR re 41 Summons Returned Executed as to Federal Defendant; emailed to ebaxter@becketlaw.org, cc'd 18 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document, 2. DO NOT REFILE- for future filings judge initials are RJL (zjf, )

July 12, 2022

July 12, 2022

PACER
42

TRANSCRIPT OF PRELIMINARY INJUNCTION HEARING before Judge Richard J. Leon held on June 28, 2022; Page Numbers: 1-38. Date of Issuance:July 13, 2022. Court Reporter/Transcriber Lisa A. Moreira, RDR, CRR, Telephone number (202) 354-3187, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased f rom the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 8/3/2022. Redacted Transcript Deadline set for 8/13/2022. Release of Transcript Restriction set for 10/11/2022.(Moreira, Lisa) (Entered: 07/13/2022)

July 13, 2022

July 13, 2022

PACER
43

SUPPLEMENTAL MEMORANDUM to re 35 Response to motion, Pursuant to Order of the Court at Preliminary Injunction Hearing filed by LLOYD JAMES AUSTIN, III, DAVID H. BERGER, CARLOS DEL TORO, DAVID A. OTTIGNON, ERIC M. SMITH, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Powers, James) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
44

SUPPLEMENTAL MEMORANDUM to re 16 MOTION for Preliminary Injunction filed by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Baxter, Eric) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
45

MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 8/24/2022. (lcrjl2) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

Clearinghouse
46

ORDER. Signed by Judge Richard J. Leon on 8/24/2022. (lcrjl2) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
47

NOTICE of Appearance by Daniel D. Benson on behalf of MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR (Benson, Daniel) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
48

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 46 Order on Motion for Preliminary Injunction by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH. Filing fee $ 505, receipt number ADCDC-9493864. Fee Status: Fee Paid. Parties have been notified. (Baxter, Eric) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
49

Joint STATUS REPORT by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH, SUKHBIR SINGH TOOR. (Sidhu, Amandeep) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
50

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals fee was paid re 48 Notice of Appeal to DC Circuit Court. (ztth) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER

MINUTE ORDER. Upon consideration of the parties' 49 Joint Status Report, it is hereby ORDERED that a Scheduling Conference shall be held before Judge Richard J. Leon in Courtroom 18 on Friday, September 16, 2022 at 2:30 PM. SO ORDERED. Signed by Judge Richard J. Leon on 9/8/22. (lcrjl2)

Sept. 8, 2022

Sept. 8, 2022

PACER

Order

Sept. 8, 2022

Sept. 8, 2022

PACER

Set/Reset Hearings: Scheduling Conference set for 9/16/2022 at 2:30 PM in Courtroom 18 before Judge Richard J. Leon. (zjd)

Sept. 8, 2022

Sept. 8, 2022

PACER

Set/Reset Hearings

Sept. 8, 2022

Sept. 8, 2022

PACER

.Order

Sept. 8, 2022

Sept. 8, 2022

PACER

USCA Case Number

Sept. 13, 2022

Sept. 13, 2022

PACER

USCA Case Number 21-5119 for 48 Notice of Appeal to DC Circuit Court, filed by AEKASH SINGH, MILAAP SINGH CHAHAL, JASKIRAT SINGH. (zjf)

Sept. 13, 2022

Sept. 13, 2022

PACER

Set/Reset Hearings

Sept. 15, 2022

Sept. 15, 2022

PACER

Minute Entry for proceedings held before Judge Richard J. Leon: Scheduling Conference held on 9/16/2022. Joint Status Report due by 9/21/2022. (Court Reporter: Lisa Moreira) (zjd)

Sept. 16, 2022

Sept. 16, 2022

PACER

Scheduling Conference

Sept. 16, 2022

Sept. 16, 2022

PACER

~Util - Set/Reset Deadlines/Hearings AND Scheduling Conference

Sept. 16, 2022

Sept. 16, 2022

PACER
51

MOTION for Injunction Pending Appeal by MILAAP SINGH CHAHAL, AEKASH SINGH, JASKIRAT SINGH. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Baxter, Eric). Added MOTION to Expedite on 9/20/2022 (ztth). (Entered: 09/19/2022)

Sept. 19, 2022

Sept. 19, 2022

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: April 11, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four Sikh Americans who were denied accommodations to practice their faith while in recruit training for, or serving in, the U.S. Marine Corps.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Defense, Federal

U.S. Navy, Federal

U.S. Marine Corps, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Free Exercise Clause

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Issues

General:

Religious programs / policies

Discrimination-area:

Accommodation / Leave

Discrimination-basis:

Religion discrimination