The opinion
In the United States Court of Federal Claims
No. 23-174
(Filed: April 2, 2025)
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JEREMIAH BOTELLO, et al., *
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Plaintiffs, *
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v. *
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UNITED STATES OF AMERICA, *
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Defendant. *
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ORDER
On February 19, 2025, the Court stayed this case “while the Department of Defense
[(“DoD”)] determine[d] how to implement the Executive Order pertaining to the reinstatement of
service members discharged under the military’s COVID-19 vaccination mandate.” [ECF 47] at
1. The Court also ordered the parties to file a joint status report on April 1, 2025, “informing the
Court of (i) the status of the implementation of the Executive Order and (ii) whether its
implementation has affected any of the pending claims of the individual plaintiffs.” Id. On April
1, 2025, the parties filed a joint status report. [ECF 48]. The Court has considered the parties’
respective positions and orders the following:
In the joint status report, the government states that, “[i]n light of DoD’s policy,
the United States intends to request a voluntary remand of the plaintiffs’ claims to
their respective [board for correction of military/naval records] so that the
plaintiffs may (1) submit an application for the correction of records, and (2)
request reinstatement, if applicable.” [ECF 48] at 3. The government intends to
file its motion on or before April 8, 2025. Id. The plaintiffs state that they “will
set forth their objections to any such motion for voluntary remand if and when
such motion is filed.” Id. at 4. Accordingly, the government SHALL FILE its
motion for voluntary remand on or before April 8, 2025. The plaintiffs shall
respond as required by Rule 7.2(a)(1) of the Rules of the United States Court of
Federal Claims. The Court will contact the parties to schedule a hearing on the
government’s motion for a voluntary remand.
Prior to the stay in this case, the plaintiffs filed their Motion for Judgment on the
Administrative Record (“MJAR”) on December 6, 2024. See [ECF 41]. The
government’s response and cross-MJAR was due by February 21, 2025, the
plaintiffs’ response and reply was due by March 28, 2025, and the government’s
reply was due by April 18, 2025. See [ECF 43]. This briefing schedule has been
superseded by events in this case. Therefore, the Court will issue a modified
briefing schedule after addressing the government’s motion for a voluntary
remand.
On January 29, 2025, the government moved for a 60-day stay, which the Court
granted. See [ECFs 44, 47]. In light of the parties’ upcoming briefing on the
government’s motion for voluntary remand, the Court hereby lifts the stay.
IT IS SO ORDERED.
s/ Thompson M. Dietz
THOMPSON M. DIETZ, Judge
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