IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

BRYAN P. SPENCE, TYLER W. STEF, 

RYAN CORCORAN, MITCHELL B. PIKE, 

STEVEN R. HAYNES, ANDREW GRIEB, 

DANIELLE A. RUNYAN, CHRISTOPHER M. 

WU, and ALAN SOSEBEE, individually and on 

behalf of all others similarly situated, 

Plaintiffs, 

v. 

LLOYD J. AUSTIN, III, in his official capacity 

as United States Secretary of Defense, 

THE UNITED STATES DEPARTMENT OF 

DEFENSE, and FRANK KENDALL, in his official 

capacity as United States Secretary of the Air Force, 

Defendants. 

Case No: 4:22-cv-00453-O 

 

MOTION FOR TEMPORARY RESTRAINING ORDER 

AND PRELIMINARY INJUNCTION 

Plaintiffs Bryan P. Spence, Tyler W. Stef, Ryan Corcoran, Mitchell B. Pike, Steven 

R. Haynes, Andrew Grieb, Danielle A. Runyan, Christopher M. Wu, and Alan Sosebee, by 

and through counsel, and pursuant to Federal Rule of Civil Procedure 65, respectfully move 

this Court for a temporary restraining order and preliminary injunction against Defendants’ 

vaccine mandate.

In support of this Motion, Plaintiffs rely on the following: 

1. The Brief in support of this Motion, filed contemporaneously herewith; 

Case 4:22-cv-00453-O Document 14-1 Filed 05/31/22 Page 1 of 7 PageID 284
2. The Defendants’ memorandums outlining their COVID-19 vaccine 

mandates (listed below), and the sworn statements of the Plaintiffs, included in the 

Appendix in support of this Motion, filed contemporaneously herewith; 

3. The Complaint, filed contemporaneously herewith; and 

4. All further evidence necessary to support this Motion, filed hereafter or 

presented at any hearing on this Motion. 

Plaintiffs respectfully request the following relief: 

1. A temporary restraining order and preliminary injunction against Defendants 

and their agents, servants, employees, attorneys, and all persons and entities directly or 

indirectly in active concert or participation with them that prohibits them from application 

of their facially discriminatory policies: 

a. Secretary of Defense – Memorandum for Senior Pentagon Leadership, 

Commanders of the Combatant Commands, Defense Agency and DOD 

Field Activity Directors: Mandatory Coronavirus Disease 2019 

Vaccination of Department of Defense Service Members, August 24, 

2021; 

b. Secretary of the Air Force – Memorandum for Department of the Air 

Force Commanders: Mandatory Coronavirus Disease 2019 Vaccination 

of Department of the Air Force Military Members, September 3, 2021; 

and 

c. Secretary of the Air Force – Memorandum for ALMAJCOM-FLDCOMFOA-DRU/CC Distribution C: Supplemental Coronavirus Disease 2019 

Vaccination Policy, December 7, 2021. 

2. A temporary restraining order and preliminary injunction against Defendants 

and their agents, servants, employees, attorneys, and all persons and entities directly or 

Case 4:22-cv-00453-O Document 14-1 Filed 05/31/22 Page 2 of 7 PageID 285
indirectly in active concert or participation with them that prohibits them from applying 

their practice of: 

a. across-the-board denial of religious accommodation requests for 

COVID-19 vaccination from servicemembers who are not already 

voluntarily leaving the military; 

b. differential treatment of accommodation requests for the COVID-19 

vaccination for secular reasons and accommodation requests for religious 

reasons; and

c. retributive or negative action against servicemembers who make or have 

made religious accommodation requests. 

3. A temporary restraining order and preliminary injunction against Defendants 

and their agents, servants, employees, attorneys, and all persons and entities directly or 

indirectly in active concert or participation with them that prohibits them from making nonreceipt of COVID-19 vaccination or submission of a request for a religious accommodation 

from COVID-19 vaccination a basis for any adverse action against any servicemembers 

including, but not limited to: administrative counselings, admonishments, or reprimands; 

nonjudicial punishment or separation from service; involuntary placement in the Individual 

Ready Reserve; change in job titles or duties, removal from assignments, or non-issuance 

of assignments; negative performance reviews, promotion recommendations, or 

stratifications; giving a less than honorable discharge; recoupment of education or training 

expenses; determination of medical disqualification or non-deployability; loss or delay of 

promotion, training opportunities, or retirement; loss of bonuses, pay or benefits; or 

Case 4:22-cv-00453-O Document 14-1 Filed 05/31/22 Page 3 of 7 PageID 286
precluding servicemembers from traveling to and performing duty in person, unless 

Defendants can prove that failing to take a particular adverse action against the 

servicemember in question would likely have a real and concrete (not theoretical) adverse 

impact on a compelling government interest. 

Plaintiffs’ request a waiver of any bond required by Federal Rule of Civil Procedure 

65(c) as these issues involve the free exercise of religion, there is no money at stake in 

issuance of the injunction, and no financial impact on the Defendants. See Kaepa, Inc. v. 

Achilles Corp., 76 F.3d 624, 628 (5th Cir. 1996) (recognizing district courts have discretion 

to waive the bond requirement of Rule 65(c)); see also Gordon v. City of Hous., 79 F. Supp. 

3d 676, 695 (S.D. Tex. 2015) (waiving Rule 65 bond in First Amendment Lawsuit). 

WHEREFORE, Plaintiffs respectfully request that the Court grant this Motion for 

Temporary Restraining Order and Preliminary Injunction against the Defendants. 

May 31, 2022 Respectfully submitted, 

/s/ Cristina M. Squiers

Gene C. Schaerr* 

D.C. Bar No. 416368

Cristina M. Squiers 

Texas Bar No. 24093764 

Counsel of Record 

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 

gschaerr@schaerr-jaffe.com

csquiers@schaerr-jaffe.com 

aboone@schaerr-jaffe.com 

Case 4:22-cv-00453-O Document 14-1 Filed 05/31/22 Page 4 of 7 PageID 287
Kelly J. Shackelford 

 Texas Bar No. 18070950 

Jeffrey C. Mateer

 Texas Bar No. 13185320 

David J. Hacker

 Texas Bar No. 24103323 

Michael D. Berry 

 Texas Bar No. 24085835 

Roger Byron 

 Texas Bar No. 24062643 

First Liberty Institute 

2001 W. Plano Pkwy., Ste. 1600 

Plano, Texas 75075 

Tel: (972) 941-4444 

jmateer@firstliberty.org 

dhacker@firstliberty.org 

mberry@firstliberty.org 

rbyron@firstliberty.org 

Counsel for Plaintiffs and the 

Proposed Class 

*Admitted pro hac vice.

** Not yet admitted in D.C. Practicing

under the supervision of D.C. bar

members.

Case 4:22-cv-00453-O Document 14-1 Filed 05/31/22 Page 5 of 7 PageID 288
CERTIFICATE OF CONFERENCE 

Plaintiffs’ counsel were unable to conference this Motion with Defendants’ counsel 

because no counsel has appeared for Defendants. However, once counsel for Defendants 

file appearances, Plaintiffs’ counsel will confer with them. 

/s/ Cristina M. Squiers 

Cristina M. Squiers 

Case 4:22-cv-00453-O Document 14-1 Filed 05/31/22 Page 6 of 7 PageID 289
CERTIFICATE OF SERVICE 

I hereby certify that on May 31, 2022, I electronically filed the foregoing document 

through the Court’s ECF system and will serve a copy on each of the Defendants according 

to the Federal Rules of Civil Procedure. 

/s/ Cristina M. Squiers

Cristina M. Squiers 

Case 4:22-cv-00453-O Document 14-1 Filed 05/31/22 Page 7 of 7 PageID 290