1 

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. ) 

PLAINTIFFS’ SECOND 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”;1 “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). This is a second status update, summarizing some of the Coast Guard’s 

                                                            

1

 Plaintiffs’ first status update (ECF No. 25) mistakenly referred to the ISL as “Inactive Service 

List” rather than “Inactive Status List.” 

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additional agreements resulting from Plaintiffs’ conferral with Defendants, since September 30 

(when Plaintiffs filed their first status update) to the present.2

 The Coast Guard had given four specific putative class members imminent discharge 

dates of, respectively, October 21, 2022, November 3, 2022, November 4, 2022, and 

November 15, 2022. On October 20, 2022, the Coast Guard agreed to defer each of 

these four putative class members’ discharge dates to December 1, 2022. These 

putative class members will or may soon begin out-processing activities, if they have 

not started already, including selling unused leave, arranging final paychecks, 

terminating existing housing arrangements, trying to secure new housing, returning 

issued equipment, attending final medical appointments, closing security clearances, 

collecting medical records, surrendering access badges, being removed from mission, 

and securing start dates with civilian employers, as applicable. 

 The Coast Guard had given one specific putative class member an imminent 

discharge date of October 13, 2022. On October 4, 2022, the Coast Guard agreed to 

defer this putative class member’s discharge date to December 1, 2022. While the 

putative class member continued to maintain that he should not have been discharged 

at all, on October 5 he decided to accept the October 13 involuntary discharge date, 

for personal reasons. 

 

                                                            

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

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

beyond what they seek in their pending motions for class-wide relief including a class-wide 

preliminary injunction (ECF No. 4), if and as appropriate and necessary. 

Case 4:22-cv-00825-P Document 44 Filed 11/04/22 Page 2 of 3 PageID 1121
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Dated: November 4, 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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