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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

BRYAN P. SPENCE, et al.,

Plaintiffs,

v.

LLOYD J. AUSTIN III, et al.,

Defendants.

Case No. 4:22-cv-00453

 

DEFENDANTS’ UNOPPOSED MOTION FOR LEAVE TO FILE AN OPPOSITION TO 

PLAINTIFFS’ MOTION FOR TEMPORARY RESTRAINING ORDER AND

PRELIMINARY INJUNCTION OF FORTY-FIVE PAGES

Pursuant to Local Rule 7.2(c), Defendants respectfully move for a 20-page expansion of 

the page limit for their opposition to Plaintiffs’ motion for a temporary restraining order and

preliminary injunction. In support of this motion, Defendants represent the following:

1. On May 27, 2022, Plaintiffs filed a 25-page motion for a preliminary injunction. See 

Dkts. 5, 14-1. Plaintiffs seek a nation-wide, Air Force-wide injunction preventing 

Defendants from: (1) applying three Department of Defense and Department of the Air 

Force policies or guidance documents concerning COVID-19 vaccine requirements; (2)

continuing to conduct allegedly “across-the-board denial of religious accommodation 

requests for COVID-19 vaccination,” “differential treatment of accommodation requests 

for the COVID-19 vaccination for secular reasons and accommodation requests for 

religious reasons,” and “retributive or negative action against servicemembers who make 

or have made religious accommodation requests”; and (3) taking any discipline or 

adverse employment action against Plaintiffs. See Pls.’ Mot. 2–3, Dkt. 14-1.

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2. The putative class-action lawsuit includes nine named Plaintiffs, and Plaintiffs’ 153-page 

appendix filed in support of their motion contains declarations from all nine Plaintiffs.

3. Plaintiffs contend that they are likely to succeed on the merits on their claims that the Air 

Force’s religious accommodation process violates the First Amendment and the Religious 

Freedom Restoration Act, 42 U.S.C. § 2000bb-1. See Pls.’ Mem. 7–19, Dkt. 5.

4. In addition to addressing these claims, Defendants’ memorandum will also address 

numerous threshold constitutional questions of jurisdiction under Article III, which were 

not addressed by Plaintiffs. Defendants will also address venue, which was similarly not 

briefed by Plaintiffs.

5. Given the importance of the policies Plaintiffs seek to enjoin, the significant

jurisdictional issues, the number of Plaintiffs, and the multiple claims raised, the 

additional pages requested are necessary for Defendants to provide the statutory and 

historic background and analysis to adequately address the issues raised by Plaintiffs’ 

motion and complaint. The additional pages are also necessary for Defendants to 

individually discuss, with respect to each of the nine Plaintiffs, why vaccinating each 

Plaintiff furthers a compelling governmental interest and is the least restrictive means of 

furthering that interest, as required under the Religious Freedom Restoration Act. 42 

U.S.C. § 2000bb-1(b). Defendants will endeavor to be brief, and respectfully submit this 

Court would benefit from a fuller analysis of the issues presented here. The interests of 

justice will therefore be served by the requested extension.

6. At least four other courts have permitted the Government to file at least a 40-page brief in 

opposition to the plaintiffs’ motions for a preliminary injunction concerning vaccination 

directives issued by the Department of Defense and Military Services. See Order, Robert 

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v. Austin, No. 21-cv-02228-RM-STV (D. Colo. Nov. 17, 2021), Dkt. 33 (granting 

Defendants’ motion to file a 40-page opposition brief); Endorsed Order, Navy Seal 1 v. 

Biden, No. 21-cv-2429-SDM-TGW (M.D. Fla. Oct. 29, 2021), Dkt. 17 (same); Defs.’ 

Opp’n to Pls.’ Mots. for a Temporary Restraining Order and Prelim. Inj., Doe v. Austin, 

No. 21-cv-1211-AW-HTC (N.D. Fla. Oct. 21, 2021), Dkt. 31 (after obtaining leave from 

the court during a status hearing, filing a 67-page opposition brief to two motions for a 

preliminary injunction); Defs.’ Opp’n to Emergency Application for Temporary 

Restraining Order and Prelim. Inj., Church v. Biden, No. 21-cv-2815-CKK (D.D.C. Nov. 

2, 2021), Dkt. 13 (filing a 40-page opposition brief in compliance with Local Civil Rule 

7(e), which permits opposition briefs of up to 45 pages).

Defendants, therefore, respectfully ask this Court to enter an order granting them permission to

file an opposition to Plaintiffs’ motion for a temporary restraining order and preliminary 

injunction of no more than 45 pages.

Local Rule 7.1(a) Certification

Defense counsel conferred with Plaintiffs’ counsel by email on June 9, 2022. Plaintiffs’ 

counsel does not oppose the relief requested in this motion provided that Defendants would not 

oppose should Plaintiffs request an additional 20 pages for their forthcoming reply in support of 

their motion for a temporary restraining order and preliminary injunction.

Dated: June 9, 2022 Respectfully submitted,

BRIAN M. BOYNTON

Acting Assistant Attorney General

ALEXANDER K. HAAS

Director, Federal Programs Branch

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ANTHONY J. COPPOLINO

Deputy Director

/s/ Cassandra Snyder

AMY E. POWELL

Senior Trial Counsel

CASSANDRA SNYDER

Trial Attorney

United States Department of Justice

Civil Division, Federal Programs Branch

1100 L Street, N.W.

Washington, DC 20005

Tel: (202) 451-7729

Fax: (202) 616-8470

Email: cassandra.m.snyder@usdoj.gov

Counsel for Defendants

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CERTIFICATE OF SERVICE

I hereby certify that on June 9, 2022, I electronically filed the foregoing paper with the 

Clerk of Court using this Court’s CM/ECF system, which will notify all counsel of record of such 

filing.

/s/ Cassandra Snyder

CASSANDRA SNYDER

Trial Attorney

United States Department of Justice

Civil Division, Federal Programs Branch

1100 L Street, N.W.

Washington, DC 20005

Tel: (202) 451-7729

Fax: (202) 616-8470

Email: cassandra.m.snyder@usdoj.gov

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