Case: Brnovich v. Biden

2:21-cv-01568 | U.S. District Court for the District of Arizona

Filed Date: Sept. 14, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 9, 2021, President Biden announced a broad plan to increase vaccination rates nationwide. The plan would require all employers with 100 or more employees to ensure their workforces were fully vaccinated or tested weekly. In addition, it would require federal contractors and subcontractors, workers in most healthcare settings that receive Medicare or Medicaid reimbursement, all executive branch federal employees and contractors, and educators in the federally-paid Head Start program…

Five days after President Biden's announcement, the Attorney General of Arizona filed a complaint in the U.S. District Court for the District of Arizona alleging that the vaccine mandate was unconstitutional because it presented a preference for unauthorized non-citizens over U.S. citizens and seeking declaratory and injunctive relief. The complaint asserted that the imposition of a vaccine mandate by the federal government on U.S. citizens and lawfully employed non-citizens, but not on unauthorized non-citizens, violated the Equal Protection Clause of the Fourteenth Amendment by treating similarly situated persons differently on the basis of alienage. The case was assigned to Judge Michael T. Liburdi.

After the scope of the federal vaccine mandates became clear, plaintiffs filed a much broader First Amended Complaint on October 22, 2021. In addition to the equal protection claim, the amended complaint contained claims for alleged violations of the Procurement Act (40 U.S.C. §§ 101 and 121), the Procurement Policy Act (41 U.S.C. § 1707(a)), the Emergency Use Authorization Statute (21 U.S.C. § 360bbb-3), the right to due process under the Fifth Amendment, federalism under the Tenth Amendment, the Administrative Procedure Act (5 U.S.C. § 706), and the Immigration and Nationality Act (unspecified sections). The amended complaint asked for declaratory and injunctive relief, as well as attorney’s fees. Overall, the new arguments challenged the vaccine mandates as well as decades-long practices by which asylum seekers were released from detention while their claims were being adjudicated. That same day, plaintiffs also filed a motion for a temporary restraining order and preliminary injunction, as well as a motion to proceed pseudonymously by an unnamed plaintiff who had newly joined the litigation in the amended complaint.

On November 10, 2021, the court held oral argument on the motion for temporary restraining order and preliminary injunction. During oral argument, the court denied the motion without prejudice and allowed plaintiffs to refile in light of revised Office of Management and Budget (OMB) guidance and determinations that would promote economy and efficiency in federal contracting. Plaintiffs subsequently filed a second amended complaint taking into account the new OMB guidance. They also re-filed their motion for a preliminary injunction and moved to bifurcate claims and consolidate trial on the merits. Plaintiffs sought to bifurcate the counts relating to the vaccine mandate from the immigration-related counts. Defendants did not oppose this argument.

Bifurcation of immigration and vaccine mandate claims

Judge Liburdi held a status conference with the parties in early December 2021 discussing, among other issues, the motion to proceed pseudonymously and the motion to bifurcate claims and consolidate trial. On December 15, 2021, the court denied the unnamed plaintiff’s motion to proceed pseudonymously. 2021 WL 7630109. The unnamed plaintiff had argued that disclosure of his identity would risk negative consequences for his future ability to work for the federal government. The court disagreed as to the seriousness of the retaliation risk, finding that this particular plaintiff did not establish any greater threat of retaliation than any other federal employee who did not wish to be vaccinated, or any other plaintiff challenging the vaccine mandate. The court directed the plaintiffs to file another amended complaint providing this plaintiff’s full name, or else the unnamed plaintiff would be dismissed from the case. The plaintiffs thus filed a third amended complaint with the plaintiff’s full name on December 21, 2022.

The court granted the plaintiffs’ unopposed motion to bifurcate the vaccine mandate-related claims and the immigration-related claims and consolidate for trial on January 27, 2022. 2022 WL 252396.

Immigration claims

Meanwhile, the defendants filed a motion to dismiss the immigration-related claims on January 3, 2022. On March 15, 2022, before the court ruled on the motion to dismiss, the defendants also filed a motion to stay the immigration-related claims pending the U.S. Supreme Court’s decision in Texas v. Biden, a case challenging the termination of the “Remain in Mexico” policy for asylum-seekers. Judge Liburdi denied the motion to stay on April 20, 2022, holding that although that decision may have some bearing on the claims at issue in this case, there was no guarantee that the U.S. Supreme Court would address these particular issues. 2022 WL 1166403.

On September 23, 2022, Judge Liburdi partially granted the defendants’ motion and dismissed (1) the Administrative Procedure Act claims that challenged the Administration's alleged general mass parole policy, (2) the constitutional claims, and (3) nineteen of the defendants. The Court dismissed some of the APA claims because the Administrative Procedure Act did not allow the court to review general policy claims “untethered to a specific agency statement.” The Court also dismissed the plaintiffs’ claims that the defendants violated the separation of powers or the Take Care Clause, holding that the Executive has the constitutional and statutory authority to implement immigration laws, and noting that no federal appellate court has ever established a cause of action under the Take Care Clause. Finally, the Court dismissed 19 defendants that were connected to the vaccine claims but not the immigration claims. 630 F.Supp.3d 1157.

In January 2023, a new Attorney General of Arizona, Kris Mayes, was sworn in and became a plaintiff in this case. The following month, the plaintiffs asked the court to dismiss their remaining immigration claims, which it did on February 2, 2023.

Vaccine mandate claims

Meanwhile, on January 27, 2022, the court granted in part and denied in part plaintiffs’ motion for a preliminary injunction as to the vaccine mandate claim. First, the court held that the previously-unnamed employee’s claims were constitutionally and prudentially unripe because they depended on “contingent future events that may not occur as anticipated, or indeed may not occur at all.” However, the court held that the state defendants had standing to bring suit because they had shown the state was likely to suffer direct injury as a result of the vaccine mandate, since the state and its agencies were federal contractors subject to the mandate. Thus, the preliminary injunction only applied to federal contractors and subcontractors in the State of Arizona. 562 F. Supp. 3d 123.

On the merits, the court held that the executive order mandating vaccination for employees of federal contractors and subcontractors exceeded the President’s authority under the Procurement Act. However, the mandate was rationally related to a legitimate governmental interest and thus did not violate substantive due process. In sum, the court found that the state was likely to suffer irreparable harm without a preliminary injunction, and the balance of equities and public interest supported it.

After reviewing plaintiffs’ proposed form of injunction and defendants’ objections to the proposed form, the court issued a permanent injunction on February 10, 2022. The order stated that all defendants except the City of Phoenix and President Biden were enjoined from including a clause implementing the vaccination requirement in any federal contract or subcontract to be performed in or involving parties domiciled in the State of Arizona, including the state itself or any of its agencies or political subdivisions. The court maintained its previous distinction between federal contractors and employees, dismissing the vaccine-mandate challenge by federal employees as nonjusticiable. 2022 WL 19560411.

Defendants appealed the permanent injunction to the U.S. Court of Appeals for the Ninth Circuit on April 8, 2022. On April 5, 2023, the Ninth Circuit stayed the district court’s injunction while the case was appealed.

Two weeks later, on April 19, the Ninth Circuit reversed the lower court’s permanent injunction against the Contractor Mandate. The Ninth Circuit held that the Major Questions Doctrine did not apply to the President’s executive order, because Presidential action is not the same as agency action and the Major Questions Doctrine only applies to the latter. Furthermore, the court held that even if the Major Questions Doctrine applied, it would still not preclude the Contractor Mandate because the mandate is not a transformative expansion of regulatory authority when compared to the history of executive actions under the Procurement Act. The court further held that the Contractor Mandate was within the President’s authority under the Procurement Act and complied with the act’s procedural requirements. Finally, the court held that the mandate was not barred by the nondelegation doctrine or the principles of state sovereignty and federalism. 67 F.4th 921.

On June 15, 2023, an order was issued calling for a vote to determine whether the vaccine mandate issue should be reheard en banc by the full Ninth Circuit. As of November 11, 2023, that vote is still pending.

Summary Authors

Rachel Harrington (9/15/2021)

Zoe Goldstein (4/30/2022)

Samantha Houghton (10/17/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60384539/parties/mayes-v-biden/

Judge(s)

Attorney for Plaintiff

Attorney, Michael Napier, (Arizona)

Bacon, Cassidy Layne (Arizona)

Bauer, Davis P (Arizona)

Attorney for Defendant

Attorney, David Peters, (Arizona)

Expert/Monitor/Master/Other

Attorney, Henry Charles (Arizona)

Judge(s)

Liburdi, Michael Thomas (Arizona)

Attorney for Plaintiff

Attorney, Michael Napier, (Arizona)

Bacon, Cassidy Layne (Arizona)

Bauer, Davis P (Arizona)

Ensign, Drew Curtis (Arizona)

Esquire, Dennis I. (Arizona)

Esquire, Kevin E. (Arizona)

General, Drew C. (Arizona)

Kanefield, Joseph Andrew (Arizona)

Napier, Michael (Arizona)

O'Malley, Kevin E (Arizona)

Porter, Hannah (Arizona)

Rogers, James Kenneth (Arizona)

Roysden, Brunn Wall III (Arizona)

Samuels, Alexander (Arizona)

Whitaker, Joshua Michael (Arizona)

Wilenchik, John Douglas (Arizona)

Wilenchik, Dennis Ira (Arizona)

Wilson, Eric Reginald (Arizona)

Attorney for Defendant

Attorney, David Peters, (Arizona)

Bendor, Joshua David (Arizona)

Crawford, Hayleigh Susan (Arizona)

DeMott, Joseph John (Arizona)

Fraser, Eric Michael (Arizona)

Fudim, Elissa (Arizona)

Lynch, Christopher M (Arizona)

Merritt, Robert Charles (Arizona)

Mohan, Anna O. (Arizona)

Wynosky, Kevin (Arizona)

Other

Attorney, Henry Charles (Arizona)

Litigation, Steven Paul (Arizona)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

2:21-cv-01568	Docket [PACER]	Sept. 14, 2021	Sept. 14, 2021 Docket
1 2:21-cv-01568	Complaint for Declaratory Relief	Sept. 14, 2021	Sept. 14, 2021 Complaint
14 2:21-cv-01568	First Amended Complaint for Declaratory and Injunctive Relief	Oct. 22, 2021	Oct. 22, 2021 Complaint
64 2:21-cv-01568	Minutes from Motion Hearing & Order	Nov. 10, 2021	Nov. 10, 2021 Order/Opinion
70 2:21-cv-01568	Second Amended Complaint	Nov. 19, 2021	Nov. 19, 2021 Complaint
122 2:21-cv-01568	Order	Dec. 15, 2021	Dec. 15, 2021 Order/Opinion 2021 WL 7630109
134 2:21-cv-01568	Third Amended Complaint for Declaratory and Injunctive Relief	Dec. 20, 2021	Dec. 20, 2021 Complaint
156 2:21-cv-01568	Order	Jan. 27, 2022	Jan. 27, 2022 Order/Opinion 562 F.Supp.3d 123
165 2:21-cv-01568	Permanent Injunction	Feb. 10, 2022	Feb. 10, 2022 Order/Opinion
190 2:21-cv-01568	Order	April 20, 2022	April 20, 2022 Order/Opinion 2022 WL 1166403

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/60384539/mayes-v-biden/

Last updated Aug. 28, 2026, 5:03 a.m.

Docket for: Mayes v. Biden

ECF Number	Date	Description	Link
1	Sept. 14, 2021	COMPLAINT. Filing fee received: $ 402.00, receipt number 0970-19860462 filed by Arizona, State of, Mark Brnovich.(Rogers, James) (Attachments: # 1 Civil Cover Sheet)(REM) (Entered: 09/14/2021) 1 Civil Cover Sheet View on PACER	Clearinghouse
2	Sept. 14, 2021	Filing fee paid, receipt number 0970-19860462. This case has been assigned to the Honorable Michael T. Liburdi. All future pleadings or documents should bear the correct case number: CV-21-01568-PHX-MTL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REM) (Entered: 09/14/2021)	RECAP
3	Sept. 15, 2021	Additional Attachments to Main Document re: 1 Complaint Summons in a Civil Action Joseph R. Biden by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)	RECAP
4	Sept. 15, 2021	Additional Attachments to Main Document re: 1 Complaint Summons in a Civil Action Alejandro Mayorkas by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)	RECAP
5	Sept. 15, 2021	Additional Attachments to Main Document re: 1 Complaint Summons in a Civil Action Tae Johnson by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)	RECAP
6	Sept. 15, 2021	Additional Attachments to Main Document re: 1 Complaint Summons in a Civil Action Troy Miller by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)	RECAP
7	Sept. 15, 2021	Additional Attachments to Main Document re: 1 Complaint Summons in a Civil Action United States Department of Homeland Security by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) (Entered: 09/15/2021)	RECAP
8	Sept. 15, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)	RECAP
9	Sept. 15, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)	RECAP
10	Sept. 15, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)	RECAP
11	Sept. 15, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)	RECAP
12	Sept. 15, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 09/15/2021)	RECAP
13	Sept. 16, 2021	Summons Issued as to Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 09/16/2021)	RECAP
	Oct. 12, 2021	Notice of Request for E-Notices
	Oct. 12, 2021	NOTICE of request for e-notices by James Christian. (Christian, James)
14	Oct. 22, 2021	AMENDED COMPLAINT against All Defendants filed by Arizona, State of, Mark Brnovich. (Attachments: # 1 Exhibit, # 2 Exhibit)(Rogers, James) (Entered: 10/22/2021) 1 Exhibit View on PACER 2 Exhibit View on PACER	Clearinghouse
15	Oct. 22, 2021	MOTION for Leave to File Excess Pages for Motion for a Temporary Restraining Order and Preliminary Injunction by Arizona, State of, Mark Brnovich. (Attachments: # 1 Proposed Order Proposed Order for Motion to Exceed Page Limits, # 2 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunction, # 3 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunction - Declaration and Exhibits (1 of 2), # 4 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunction - Declaration and Exhibits (2 of 2), # 5 Proposed Order Proposed Order for Motion for a Temporary Restraining Order and Preliminary Injunction)(Rogers, James) (Entered: 10/22/2021) 1 Proposed Order Proposed Order for Motion to Exceed Page Limits View on PACER 2 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunc View on PACER 3 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunc View on PACER 4 Exhibit Proposed Motion for a Temporary Restraining Order and Preliminary Injunc View on PACER 5 Proposed Order Proposed Order for Motion for a Temporary Restraining Order and P View on PACER	RECAP
16	Oct. 22, 2021	MOTION To Proceed Pseudonymously by John Doe. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 10/22/2021) 1 Proposed Order View on PACER	RECAP
17	Oct. 22, 2021	MOTION to Expedite Briefing schedule of Plaintiffs' Proposed TRO and PI Motion by Arizona, State of, Mark Brnovich. (Attachments: # 1 Proposed Order)(Rogers, James) Modified to remove incorrect filer on 10/25/2021 (SST). (Entered: 10/22/2021) 1 Proposed Order View on PACER	RECAP
18	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
19	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
20	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
21	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
22	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
23	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
24	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
25	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
26	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
27	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
28	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
29	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
30	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
31	Oct. 22, 2021	SUMMONS Submitted by Mark Brnovich. (Rogers, James) (Entered: 10/22/2021)	RECAP
32	Oct. 22, 2021	ORDER granting 15 Plaintiff's Motion for Leave to File Excess Pages. Plaintiffs shall be permitted to file the Proposed Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs are ordered to file the motion within 24 hours of this Order. FURTHER ORDERED that Defendants may file a consolidated 34-page response. Plaintiffs may file a reply not exceeding 20 pages. FURTHER ORDERED denying 17 Motion to Expedite, without prejudice. Plaintiffs may refile this motion after filing the Notice described in the Order. FINALLY ORDERED that Plaintiff's Motion for Leave to Proceed Pseudonymously (Doc. 16 ) remains pending. Signed by Judge Michael T Liburdi on 10/22/21. (SJF) (Entered: 10/22/2021)	RECAP
33	Oct. 22, 2021	NOTICE re: Notice in Compliance with Court's 10/22/21 Order by Mark Brnovich, Arizona, State of . (Rogers, James) Modified to add additional filer on 10/25/2021 (SST). (Entered: 10/22/2021)	RECAP
34	Oct. 22, 2021	Second MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Mark Brnovich, Arizona, State of. (Attachments: # 1 Exhibit, # 2 Exhibit)(Rogers, James). Modified to add motion part and additional filer; attorney noticed on 10/25/2021 (SST). (Entered: 10/22/2021) 1 Exhibit View on PACER 2 Exhibit View on PACER	RECAP
35	Oct. 22, 2021	NOTICE OF ATTORNEY APPEARANCE: Joseph John DeMott appearing for Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (DeMott, Joseph) Modified to reflect correct event; attorney noticed on 10/26/2021 (SST). (Entered: 10/22/2021)	RECAP
36	Oct. 22, 2021	Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction by Arizona, State of, Mark Brnovich. (Attachments: # 1 Proposed Order)(Rogers, James) Modified to correct filers on 10/26/2021 (SST). (Entered: 10/22/2021) 1 Proposed Order View on PACER	RECAP
37	Oct. 22, 2021	NOTICE OF ATTORNEY APPEARANCE: Christopher M Lynch for Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (Lynch, Christopher) Modified to reflect correct event; attorney noticed on 10/26/2021 (SST). (Entered: 10/22/2021)	RECAP
38	Oct. 22, 2021	RESPONSE in Opposition re: 36 Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction filed by Joseph R Biden, Tae Johnson, Alejandro Mayorkas, Troy Miller, United States Department of Homeland Security. (DeMott, Joseph) (Entered: 10/22/2021)	RECAP
39	Oct. 22, 2021	REPLY to Response to Motion re: 36 Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction filed by Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 10/22/2021)	RECAP
40	Oct. 22, 2021	ORDER: IT IS ORDERED setting a Status Conference for Tuesday, 10/26/2021 at 10:00 AM, in Courtroom 504, 401 West Washington Street, Phoenix, AZ 85003 before Judge Michael T. Liburdi. Counsel may appear in person or telephonically. Call-in instructions will be sent via email. Ordered by Judge Michael T. Liburdi on 10/22/2021. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RMW) (Entered: 10/22/2021)	RECAP
	Oct. 22, 2021	~Util - Set/Reset Hearings AND Order
41	Oct. 25, 2021	Summons Issued as to Kiran Ahuja, Robin Carnahan, General Services Administration, Ur M Jaddou, Office of Management and Budget, Safer Federal Workforce Task Force, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 10/25/2021)	RECAP
42	Oct. 25, 2021	AFFIDAVIT of Service by Certified Mail by Plaintiffs Arizona, State of, Mark Brnovich. (Roysden, Brunn) (Entered: 10/25/2021)	RECAP
43	Oct. 25, 2021	REPLY to Response to Motion re: 36 Second MOTION to Expedite Briefing Schedule for Plaintiffs Renewed Motion for Preliminary Injunction, 34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by John Doe. (Wilenchik, John) (Entered: 10/25/2021)	RECAP
44	Oct. 26, 2021	MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Status Conference held on 10/26/2021. IT IS ORDERED granting Plaintiffs' Motion for expedited briefing schedule, (Doc. 36 ), to the extent that Defendants' responsive brief is due by 11/2/2021. Plaintiffs' reply is due by 11/5/2021. IT IS FURTHER ORDERED setting oral argument on the Renewed Motion for a Temporary Restraining Order and Preliminary Injunction, (Doc. 34 ), for Wednesday, 11/10/2021 at 08:30 AM, in Courtroom 504.See the attached pdf for complete details. (Court Reporter Barbara Stockford) Hearing held 10:03 AM to 10:39 AM. (RMW) (Entered: 10/26/2021)	RECAP
45	Oct. 26, 2021	TRANSCRIPT REQUEST by Arizona, State of, Mark Brnovich for proceedings held on 10/26/2021, Judge Michael T Liburdi hearing judge(s). (Roysden, Brunn) (Entered: 10/26/2021)	RECAP
46	Oct. 26, 2021	TRANSCRIPT REQUEST by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients for proceedings held on 10/26/2021, Judge Michael T Liburdi hearing judge(s). (DeMott, Joseph) (Entered: 10/26/2021)	RECAP
47	Oct. 27, 2021	NOTICE of Appearance by Davis P. Bauer on behalf of John Doe. Within Firm. (Wilenchik, Dennis) Modified to reflect correct event; attorney noticed on 10/28/2021 (SST). (Entered: 10/27/2021)	RECAP
54	Oct. 28, 2021	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of STATUS HEARING proceedings held on 10/26/2021, before Judge MICHAEL T. LIBURDI. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/26/2021. Redacted Transcript Deadline set for 12/6/2021. Release of Transcript Restriction set for 2/3/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 11/5/2021 (RAP). (Entered: 11/05/2021)	RECAP
48	Oct. 29, 2021	NOTICE re: OF ADDITIONAL LEGAL AND FACTUAL DEVELOPMENTS by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit Church v. Biden DDC Court Order, Oct 29, 2021, # 2 Affidavit Second Declaration of James K. Rogers and Exhibits, # 3 Affidavit Declaration of Rebekah Browder, and Exhibits, # 4 Affidavit Declaration of Dawn Northup, and Exhibits)(Rogers, James) (Entered: 10/29/2021)	RECAP
49	Oct. 30, 2021	MOTION for Extension of Time to File Response/Reply as to 34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, MOTION for Leave to File Excess Pages for Response to Second MOTION for Preliminary Injunction by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Proposed Order)(DeMott, Joseph) (Entered: 10/30/2021)	RECAP
50	Nov. 1, 2021	ORDER granting Defendants' unopposed Motion for Extension of Time and Enlargement of Page Limit (Doc. 49). Defendants' opposition to Plaintiffs' pending Motion for Temporary Restraining Order and Preliminary Injunction (Doc. 34) shall be due on Thursday, November 4, 2021. Defendants' opposition shall not exceed 41 pages. Plaintiffs' reply brief shall be due on Monday, November 8, 2021. Oral argument on Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction remains set for Wednesday, November 10, 2021, at 8:30 AM in Courtroom 504. ORDERED by Judge Michael T. Liburdi on this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 11/01/2021)	RECAP
	Nov. 1, 2021	Order on Motion for Leave to File Excess Pages AND Order on Motion for Extension of Time to File Response/Reply
51	Nov. 4, 2021	NOTICE OF ATTORNEY APPEARANCE: Kevin Wynosky appearing for Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. . (Wynosky, Kevin) (Entered: 11/04/2021)	RECAP
52	Nov. 4, 2021	RESPONSE in Opposition re: 34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Exhibit Marks Decl., # 2 Exhibit Hawes Decl.)(DeMott, Joseph) (Entered: 11/04/2021)	RECAP
53	Nov. 5, 2021	RESPONSE in Opposition re: 16 MOTION To Proceed Pseudonymously filed by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (DeMott, Joseph) (Entered: 11/05/2021)	RECAP
55	Nov. 8, 2021	NOTICE re: Supplemental Authority by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients . (Attachments: # 1 Opinion Denying Mot. for PI/TRO, Church v. Biden, No. 1:21-cv-2815 (D.D.C.))(DeMott, Joseph) (Entered: 11/08/2021)	RECAP
56	Nov. 8, 2021	MOTION for Leave to File Excess Pages by Arizona, State of, Mark Brnovich, John Doe. (Attachments: # 1 Proposed Order, # 2 Attachment, # 3 Exhibit)(Rogers, James) (Entered: 11/08/2021)	RECAP
57	Nov. 9, 2021	ORDER: The Court has been generous with page extensions. Indeed, in its October 22, 2021 Order granting Plaintiffs' leave to file an overlength opening brief, the Court, despite Plaintiffs not asking for one at the time, anticipated the need for an overlength reply brief. That order preemptively granted Plaintiffs leave to file a 20-page reply. (See Doc. 32.) Now, on the day that the reply brief was due, and well into the evening, Plaintiffs filed a motion requesting leave to file a 33-page reply. (Doc. 56.) The motion does not cite the Court's prior order. Instead, it references the 11-page limit established by local rule. This suggests that Plaintiffs' counsel did not read the prior order carefully. Accordingly, the Motion for leave to file an overlength reply (Doc. 56) is denied. It is ordered that Plaintiffs shall file a reply brief not exceeding 20 pages no later than 11:00 am today, November 9, 2021. ORDERED by Judge Michael T. Liburdi this date. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SJF) (Entered: 11/09/2021)	RECAP
58	Nov. 9, 2021	REPLY to Response to Motion re: 34 Second MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Arizona, State of, Mark Brnovich, John Doe. (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 11/09/2021) 1 Exhibit View on PACER	RECAP
59	Nov. 9, 2021	NOTICE of Appearance by Robert Charles Merritt on behalf of Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients. (Merritt, Robert) (Entered: 11/09/2021)	RECAP
60	Nov. 9, 2021	NOTICE re: of Supplemental Authority by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients . (Attachments: # 1 Exhibit Smith decision, # 2 Exhibit Altschuld decision)(Merritt, Robert) (Entered: 11/09/2021) 1 Exhibit Smith decision View on PACER 2 Exhibit Altschuld decision View on PACER	RECAP
61	Nov. 9, 2021	SERVICE EXECUTED by Plaintiffs Arizona, State of, Mark Brnovich. (Rogers, James) Modified to correct event on 11/10/2021 (WLP). (Entered: 11/09/2021)	RECAP
62	Nov. 9, 2021	NOTICE re: of Additional Factual Development by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 11/09/2021) 1 Exhibit View on PACER	RECAP
	Nov. 9, 2021	Order on Motion for Leave to File Excess Pages
63	Nov. 10, 2021	TRANSCRIPT REQUEST by Arizona, State of, Mark Brnovich for proceedings held on 11-10-21, Judge Michael T Liburdi hearing judge(s). (Roysden, Brunn) (Entered: 11/10/2021)	RECAP
64	Nov. 10, 2021	MINUTE ENTRY for proceedings held before Judge Michael T. Liburdi: Motion Hearing held on 11/10/2021. IT IS ORDERED that Plaintiffs shall file their amended complaint and motion for preliminary relief by Friday, 11/19/2021. Defendants shall file their response by no later than 5:00 PM EST, on Friday, 12/3/2021. Plaintiffs' reply is due by Wednesday, 12/8/2021. IT IS FURTHER ORDERED that Plaintiffs' Renewed Motion for a Temporary Restraining Order and Preliminary Injunction, (Doc. 34 ), is denied without prejudice to refiling as directed on the record. (Court Reporter Barbara Stockford) See the attached pdf for complete details. Hearing held 8:34 AM to 11:49 AM. (RMW) (Entered: 11/10/2021)	Clearinghouse
65	Nov. 11, 2021	NOTICE re: DETERMINATION OF THE ACTING OMB DIRECTOR by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients . (Attachments: # 1 Exhibit)(DeMott, Joseph) (Entered: 11/11/2021)	RECAP
66	Nov. 11, 2021	TRANSCRIPT REQUEST by Kiran Ahuja, Joseph R Biden, Robin Carnahan, General Services Administration, Ur M Jaddou, Tae Johnson, Alejandro Mayorkas, Troy Miller, Office of Management and Budget, Safer Federal Workforce Task Force, United States Department of Homeland Security, United States Office of Personnel Management, Shalanda Young, Jeffrey Zients for proceedings held on 11/10/2021, Judge Michael T Liburdi hearing judge(s). (DeMott, Joseph) (Entered: 11/11/2021)	RECAP
68	Nov. 11, 2021	*(AMENDED TRANSCRIPT FILED AT DOC. 69 ) - NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 11/10/2021, before Judge MICHAEL T. LIBURDI. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (RAP) Modified to correct date filed to match court reporter delivery date on 11/15/2021 (RAP). **Modified to reference amended version and create docket entry relationship on 11/15/2021 (RAP). (Entered: 11/15/2021)	RECAP
69	Nov. 11, 2021	NOTICE OF FILING OF OFFICIAL AMENDED TRANSCRIPT of MOTION HEARING proceedings held on 11/10/2021, before Judge MICHAEL T. LIBURDI. [Court Reporter: Barbara H. Stockford, RMR, CRR, CRC, Telephone number (602) 322-7247]. Amended to remove 'Telephonic' notation on page 2, the appearance page. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2021. Redacted Transcript Deadline set for 12/16/2021. Release of Transcript Restriction set for 2/14/2022. (RAP) *Modified to correct date filed to match court reporter delivery date on 11/15/2021 (RAP). (Entered: 11/15/2021)	RECAP
67	Nov. 12, 2021	REPLY to Response to Motion re: 16 MOTION To Proceed Pseudonymously filed by John Doe. (Wilenchik, John) (Entered: 11/12/2021)	RECAP
70	Nov. 19, 2021	AMENDED COMPLAINT Second against All Defendants filed by Mark Brnovich, John Doe, Arizona, State of. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit)(Rogers, James) (Entered: 11/19/2021) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER 9 Exhibit View on PACER 10 Exhibit View on PACER 11 Exhibit View on PACER	Clearinghouse
71	Nov. 19, 2021	NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Arizona, State of, Mark Brnovich . (Attachments: # 1 Exhibit)(Rogers, James) (Entered: 11/19/2021)	RECAP
72	Nov. 19, 2021	Third MOTION for Preliminary Injunction by Arizona, State of, Mark Brnovich, John Doe. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 11/19/2021)	RECAP
73	Nov. 19, 2021	MOTION to Bifurcate Claims and Consolidate Trial on the Merits Under Rule 65(a)(2) by Arizona, State of, Mark Brnovich, John Doe. (Attachments: # 1 Proposed Order)(Rogers, James) (Entered: 11/19/2021)	RECAP
74	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
75	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
76	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
77	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
78	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
79	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
80	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
81	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
82	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
83	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
84	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
85	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
86	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
87	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
88	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
89	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
90	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
91	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
92	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
93	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
94	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP
95	Nov. 23, 2021	SUMMONS Submitted by Arizona, State of, Mark Brnovich, John Doe. (Roysden, Brunn) (Entered: 11/23/2021)	RECAP