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UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS 

FORT WORTH DIVISION 

ERIC JACKSON, ALARIC STONE, and )

MICHAEL MARCENELLE, 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, et al., ) 

 ) 

 Defendants. ) 

PLAINTIFFS’ FOURTH STATUS REPORT 

REGARDING AGREEMENTS WITH THE COAST GUARD 

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 Status List (“ISL”; “no-pay, no-points status”). On 

September 30, 2022, Plaintiffs submitted a status update (ECF No. 25), summarizing the Coast 

Guard’s resulting agreements to postpone adverse actions for certain service members until 

December 1, 2022 or pending resolution of Plaintiffs’ motions for class-wide relief in this case 

(ECF No. 4). On November 4, 2022, Plaintiffs submitted a second status update (ECF No. 44), 

summarizing some of the Coast Guard’s additional agreements resulting from Plaintiffs’ 

conferral with Defendants, since September 30. On November 28, 2022, Plaintiffs submitted a 

third status report (ECF No. 47), summarizing some of the Coast Guard’s additional agreements 

resulting from Plaintiffs’ conferral with Defendants, since November 4. 

This is a fourth status update, summarizing the Coast Guard’s additional agreements 

resulting from Plaintiffs’ conferral with Defendants, since November 28, 2022 to the present, 

pending resolution of the pending motions for class-wide relief. As detailed below, the Coast 

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Guard has agreed to postpone the discharge and/or ISL-transfer dates for some (but far from all) 

putative class members to January 11, 2023 or January 15, 2023, and the need for relief from this 

Court remains urgent. 

 The Coast Guard previously refused to extend the December 11, 2022 end-ofenlistment / discharge date of one putative class member. On December 7, 2022, the 

Coast Guard agreed to extend her end-of-enlistment / discharge date from December 

11 to January 11, 2023. 

 The Coast Guard previously agreed to extend the end-of-enlistment / discharge date 

of one other putative class member from November 1, 2022 to December 1, 2022. 

Before December 1, 2022, he requested an extension of his end-of-enlistment / 

discharge date beyond December 1. He did not receive a response to that request 

before December 1. On December 2, he received a notice of separation. On December 

7, the Coast Guard agreed to extend his end-of-enlistment / discharge date from 

December 1, 2022 to January 15, 2023. 

 The Coast Guard previously agreed to defer discharge and/or ISL transfer to 

December 15, 2022 for 125+ putative class members (see ECF No. 25 at 2, No. 44 at 

2, and No. 47 at 2). On December 7, 2022, the Coast Guard agreed to modify that 

agreement; it agreed to not discharge or transfer them to the ISL prior to January 15, 

2023. 

 The Coast Guard still refuses to hold off on all imminent adverse actions against all 

1,200+ putative class members; on December 8, 2022, counsel for the Coast Guard 

stated, “As before, it will not act with respect to everyone in the class.” See also ECF 

No. 25 at 1 n.1; ECF No. 44 at 2 n.2; ECF No. 47 at 2. The Coast Guard also 

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informed at least one putative class member that the Coast Guard’s personnel 

management system will be offline for updates from December 19, 2022 to January 3, 

2022, which may prevent the Coast Guard from processing additional extensions or 

extensions for other putative class members during that time. The need for class-wide 

relief (ECF No. 4) remains urgent. See id. See also ECF No. 50 at 2 n.1 (addressing 

urgent need for class-wide relief even if the NDAA is enacted). 

 

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Dated: December 12, 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, pro hac vice 

LiMandri & Jonna LLP 

THOMAS MORE SOCIETY – Special Counsel 

P.O. Box 9120 

Rancho Santa Fe, CA 92067 

(858)759-994 

pjonna@limandri.com 

Counsel for Plaintiffs

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