UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

DAVID SAMBRANO, individually and on 

behalf of all others similarly situated, et al.,

Plaintiffs,

v. Civil Action No.: 4:21- 01074-P

UNITED AIRLINES, INC., 

Defendant.

MOTION FOR TEMPORARY RESTRAINING ORDER 

AND PRELIMINARY INJUNCTION

Pursuant to Federal Rule of Civil Procedure 65 and Local Civil Rule 7.1, Plaintiffs 

respectfully request that the Court issue a temporary restraining order and a preliminary injunction 

enjoining Defendant United Airlines, Inc. (“United”) from enforcing its COVID-19 vaccine 

mandate for all employees who have requested or will request an accommodation from the 

mandate until United has granted reasonable accommodations as required by federal law. To date, 

United has failed to do so. Rather than engage in a meaningful interactive process, United is

forcing all employees who requested an accommodation for religious or health reasons to either 

abandon their request and receive the vaccine by September 27, 2021, or effectively lose their 

employment. That is because even for the requests United has granted, the only accommodation 

offered is indefinite unpaid leave and loss of benefits. As explained in the accompanying 

memorandum and supporting exhibits, United’s failure to engage in the interactive process and its 

failure to grant reasonable accommodations violates both Title VII of the Civil Rights Act of 1964 

and the Americans with Disabilities Act. 

Case 4:21-cv-01074-P Document 5 Filed 09/22/21 Page 1 of 5 PageID 39
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Accordingly, to prevent irreparable injury, the Court should grant this Motion and 

temporarily enjoin United from: (1) terminating any employee for failing to receive a COVID-19 

vaccine if that employee has requested an accommodation for religious or medical reasons; 

(2) placing any employee on unpaid leave as a form of accommodation from the COVID-19 

vaccine mandate; and (3) denying as untimely any request for religious or accommodation from 

the COVID-19 vaccine mandate.

September 22, 2021 Respectfully submitted,

/s/ John C. Sullivan

John C. Sullivan

Texas Bar No. 24083920

john.sullivan@the-sl-lawfirm.com

S|L LAW PLLC

610 Uptown Boulevard, Suite 2000

Cedar Hill, TX 75104

Telephone: (469) 523-1351

Facsimile: (469) 613-0891

/s/ Robert C. Wiegand

Robert C. Wiegand

Texas Bar No. 00791924

bob.wiegand@swolegal.com

Melissa J. Swindle

Texas Bar No. 24013600

Melissa.swindle@swolegal.com

Stewart Wiegand & Owens PC

325 N. St. Paul Street, Suite 3750

Dallas, TX 75201

Telephone: (469) 899-9800

Facsimile: (469) 899-9810 

/s/ Mark R. Paoletta

Mark R. Paoletta* 

D.C. Bar No. 422746

mpaoletta@schaerr-jaffe.com

Gene C. Schaerr* 

D.C. Bar No. 416368

Brian J. Field* 

D.C. Bar No. 985577

Kenneth A. Klukowski* 

Case 4:21-cv-01074-P Document 5 Filed 09/22/21 Page 2 of 5 PageID 40
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D.C. Bar No. 1046093

Annika M. Boone*

Utah Bar No. 17176

SCHAERR |JAFFE LLP

1717 K Street NW, Suite 900

Washington, DC 20006

Telephone: (202) 787-1060

Facsimile: (202) 776-0136

* Pro hac vice motions forthcoming

Counsel for Plaintiffs and the 

Proposed Class

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CERTIFICATE OF SERVICE

On September 22, 2021, I filed the foregoing document with the clerk of court for the 

United States District Court, Northern District of Texas. I hereby certify that I have served the 

document on all counsel and/or pro se parties of record by a manner authorized by Federal Rule 

of Civil Procedure 5(b)(2). 

Additionally, I communicated both by telephone and email with Ada W. Dolph, Seyfarth 

Shaw LLP, who informed me that she was counsel for Defendant, and that the following attorneys

would be representing Defendant in this matter:

Ada W. Dolph

Seyfarth Shaw LLP

233 S. Wacker Drive, Suite 8000

Chicago, Illinois 60606 

312.460.5977

adolph@seyfarth.com

Steve Shardonofsky

Seyfarth Shaw LLP

700 Milam St., Suite 1400 

Houston, Texas 77002 

713.225.1001

sshardonofsky@seyfarth.com 

Vanessa Rogers 

Seyfarth Shaw LLP 

700 Milam St., Suite 1400 

Houston, Texas 77002

713.860.0054 

vrogers@seyfarth.com 

Notice and a copy of the foregoing has been provided to these attorneys via the Court’s 

ECF system and via email.

/s/ Robert C. Wiegand

Robert C. Wiegand, Attorney for Plaintiffs

Case 4:21-cv-01074-P Document 5 Filed 09/22/21 Page 4 of 5 PageID 42
CERTIFICATE OF CONFERENCE

On September 21, 2021, I conferred with Ada W. Dolph, Seyfarth Shaw, LLP, attorney for 

Defendant regarding the relief sought in the foregoing motion. Agreement could not be reached 

because Defendant is opposed to the relief sought. Accordingly, the foregoing is presented to the 

Court as opposed. 

/s/ Robert C. Wiegand

Robert C. Wiegand, Attorney for Plaintiffs

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