UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF TEXAS

FORT WORTH DIVISION

ERIC JACKSON, et. al.,

Plaintiffs,

v.

ALEJANDRO N. MAYORKAS, 

Secretary of Homeland Security, et al.,

Defendants.

Case No. 4:22-cv-0825-P

SUPPLEMENTAL APPENDIX TO DEFENDANTS’ MOTION TO DISMISS

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ii

CONTENTS

Document Bates Number

Declaration of Michael Lemorie 001

* * *

Dated: April 14, 2023 Respectfully submitted,

BRIAN M. BOYNTON

Principal Deputy Assistant Attorney General 

ALEXANDER K. HAAS

Branch Director

ANTHONY H. COPPOLINO

Deputy Branch Director

 /s/ Cody T. Knapp

CODY T. KNAPP (NY Bar #5715438)

JOHNNY H. WALKER (D.C. Bar #991325)

Trial Attorneys

United States Department of Justice

Civil Division, Federal Programs Branch

1100 L Street NW, Rm. 12304

Washington, D.C. 20530

Tel.: (202) 532-5663 / Fax: (202) 616-8460

Email: cody.t.knapp@usdoj.gov

Counsel for Defendants

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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, ) 

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. ) 

DECLARATION OF MICHAEL LEMORIE

I, Michael Lemorie, hereby state and declare as follows: 

1. I am a civilian employee of the United States Coast Guard currently serving as the 

Program Manager, Coast Guard Military Human Resource Record Section (CGMHRR),

Business Operations Division, Coast Guard Personnel Service Center. The CGMHRR Section 

documents the careers of Coast Guard military members by executing a comprehensive, 

coordinated, and sustained human resource records management program using the interactive 

Personnel Electronic Records Management System (iPERMS). The CGMHRR Section is 

responsible for maintaining all active-duty officer and enlisted and Reserve officer and enlisted 

CGMHRR records in accordance with National Archives and Records Administration guidelines 

and Coast Guard policy. I have served as the program manager since June 2015 and brought to 

001

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this job 11.5 years of USAF Active Duty service, in which the last 6 of those years were in 

Military Manpower and Personnel Management. I make this declaration in my official capacity 

based upon my personal knowledge and upon information that has been provided to me in the 

course of my official duties. 

2. On February 4, 2023, the Acting Assistant Commandant for Human Resources (CG-1), 

Dr. Donna M. Navarro, signed a memorandum directing the Coast Guard PSC to remove all CG3307 (P&D-41(series)), administrative remarks referencing the Coast Guard’s COVID-19 

vaccine requirement from active duty and reserve service members’ personnel data records. The 

memorandum established an order of priority for the removal of the CG-3307s. 

3. On February 27, 2023, the Coast Guard PSC issued ALCGPSC 024/23 notifying 

members that the estimated completion date for removing all administrative remarks referencing 

the Coast Guard’s COVID-19 vaccine requirement was March 31, 2023. Members were further 

directed to contact their servicing personnel and administrative office to request removal if their 

record still contained administrative remarks referencing the Coast Guard’s COVID-19 vaccine 

requirement after March 31, 2023. 

4. On April 12, 2023, I reviewed the military personnel record of BM1 Eric B. Jackson. I 

noted a single CG-3307, Performance & Discipline (P&D 41-A) regarding the requirement to get 

vaccinated against COVID-19 dated September 09, 2021. I removed that record and replaced it 

with the February 4, 2023, memorandum signed by the Acting Assistant Commandant for 

Human Resources (CG-1), Dr. Donna M. Navarro. I did this to document the authority for 

changing this federal record similar to how changes to military records ordered by the Board for 

Correction of Military Records are documented and to comply with federal record keeping 

requirements. While a military member and authorized Record Managers can see the 

002

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memorandum when viewing the military personnel record through iPERMS, the memorandum is 

not viewable by most others; specifically including the members of promotion boards and 

assignment panels and therefore would not be data used during the promotion, advancement, or 

selection panel process. 

5. Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true 

and correct. Executed this 13th day of April 2023. 

Michael Lemoire 

Program Manager CGMHRR 

Coast Guard Personnel Service Center

003

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