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UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

ERIC JACKSON, ALARIC STONE, and )

MICHAEL MARCANELLE, on behalf of ) 

themselves and all others similarly situated, ) 

 ) Case No. 4:22-cv-00825-P 

 Plaintiffs, ) 

v. ) 

 )

ALEJANDRO N. MAYORKAS, in his official ) 

capacity as Secretary of Homeland Security, ) 

LLOYD J. AUSTIN, III, in his ) 

official capacity as Secretary of Defense, )

LINDA L. FAGAN, in her official ) 

capacity as Commandant of the Coast Guard, and ) 

BRIAN K. PENOYER, in his official capacity ) 

as Assistant Commandant for Human ) 

Resources of the Coast Guard, ) 

 ) 

 Defendants. ) 

PLAINTIFFS’ STATUS REPORT 

Plaintiffs have conferred with Defendants (the “Coast Guard”) about threatened imminent 

adverse actions against service members including but not limited to imminent discharge dates 

and imminent dates of transfer to the Inactive Service List (“ISL”; “no-pay, no-points status”). 

Plaintiffs hereby submit this status update, summarizing the Coast Guard’s resulting agreements 

to date.1

 On September 23 and 26, 2022, the Coast Guard agreed to hold off on imminent 

discharge proceedings against Plaintiff Marcenelle, any other discharge proceedings 

against the named Plaintiffs, and imminent discharge proceedings against one specific 

                                                            

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 The Coast Guard has so far not agreed to hold off on all imminent adverse actions against 

putative class members. Plaintiffs reserve the right to seek additional relief from the Court if and 

as appropriate and necessary. 

Case 4:22-cv-00825-P Document 25 Filed 09/30/22 Page 1 of 3 PageID 779
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putative class member, pending resolution of the motions for class-wide relief [Doc. 

4]. 

 On September 27 and 29, 2022, the Coast Guard agreed to defer the ISL transfer date 

to December 1, 2022 for four specific putative class member reservists who had been 

given a September 30 or October 1, 2022 ISL transfer date. 

 Today, September 30, 2022, the Coast Guard agreed to defer the ISL transfer date to 

December 1, 2022 for all 122 putative class member reservists who had been given an 

October 1, 2022 ISL transfer date (not counting the four that Defendants previously 

agreed to defer). The identities of all of these 122 putative class members are 

unknown to Plaintiffs. The Coast Guard stated that, because of the timing of today’s 

agreement, some or all of those reservists may receive orders that they are in a nopay, no-points status effective October 1, but that will be corrected by the end of next 

week to make clear that the transfer date has been changed to December 1. 

 

Case 4:22-cv-00825-P Document 25 Filed 09/30/22 Page 2 of 3 PageID 780
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Dated: September 30, 2022 

Respectfully submitted, 

/s/ Adam S. Hochschild 

Stephen Crampton, pro hac vice Charles W. Fillmore 

THOMAS MORE SOCIETY – Senior Counsel State Bar # 00785861 

PO Box 4506 H. Dustin Fillmore III 

Tupelo, MS 38803 State Bar # 06996010 

(662)255-9439 THE FILLMORE LAW FIRM, L.L.P. 

scrampton@thomasmoresociety.org 201 Main Street, Suite 700 

 Fort Worth, TX 76102 

Michael McHale, pro hac vice (817)332-2351 

THOMAS MORE SOCIETY – Counsel chad@fillmorefirm.com 

10506 Burt Circle, Ste. 110 dusty@fillmorefirm.com 

Omaha, NE 68114 

(402)501-8586 Nathan Loyd, pro hac vice

mmchale@thomasmoresociety.org THOMAS MORE SOCIETY – Special Counsel 

 5101 Old Highway 5, Box 442 

Adam S. Hochschild, pro hac vice Lebanon, GA 30146 

Hochschild Law Firm (559)744-3664

THOMAS MORE SOCIETY – Special Counsel nathaniel.loyd@thomasmoresociety.org 

PO Box 401 

Plainfield, VT 05667 

(314)503-0326 

adam@hochschildlaw.com 

Mary Catherine Hodes, pro hac vice

THOMAS MORE SOCIETY – Special Counsel 

112 S. Hanley Rd., Second Floor 

Clayton, MO 63105 

(314)825-5725 

mchodes@thomasmoresociety.org 

Paul M. Jonna* 

LiMandri & Jonna LLP 

THOMAS MORE SOCIETY – Special Counsel 

P.O. Box 9120 

Rancho Santa Fe, CA 92067 

(858)759-994 

pjonna@limandri.com 

* pro hac vice application forthcoming 

Counsel for Plaintiffs

Case 4:22-cv-00825-P Document 25 Filed 09/30/22 Page 3 of 3 PageID 781