Case: National Council of Nonprofits v. Office of Management and Budget

1:25-cv-00239 | U.S. District Court for the District of District of Columbia

Filed Date: Jan. 28, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the Trump Administration's authority to suspend congressionally-appropriated federal financial assistance pending a review to ensure that the spending accords with Administration priorities. On January 28, 2025, the National Council of Nonprofits and several other private entities filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the Office of Management and Budget (“OMB”) under the Administrative Procedure Act. Represented by D…

This case challenged the Trump Administration's authority to suspend congressionally-appropriated federal financial assistance pending a review to ensure that the spending accords with Administration priorities. On January 28, 2025, the National Council of Nonprofits and several other private entities filed this lawsuit in the U.S. District Court for the District of Columbia. The plaintiffs sued the Office of Management and Budget (“OMB”) under the Administrative Procedure Act. Represented by Democracy Forward, the plaintiffs alleged that a January 27, 2025 directive from the Office of Management and Budget temporarily suspending nearly all federal financial assistance programs violated the APA. The plaintiffs sought a preliminary and permanent injunction, declaratory relief, and attorney’s fees. The case was assigned to District Judge Loren L. AliKhan.

On the same day the plaintiffs filed the complaint, the plaintiffs also filed a motion for a temporary restraining order (“TRO”). After a status conference, the court entered an immediate emergency administrative stay of imposition of the funding freeze until 5 pm on February 3, 2025 and set a hearing for February 3 on the plaintiffs' request for a Temporary Restraining Order. 2025 WL 314433.

The Administration rescinded the OMB Directive on January 29, 2025. The next day, the defendants filed a motion to dismiss, arguing that the plaintiffs’ claims were moot and alternatively lacked merit.  

The Court held a hearing on the plaintiffs’ motion for a TRO and the defendants’ motion to dismiss on February 3, 2025. On February 4, 2025, Judge AliKhan denied dismissal and issued a TRO prohibiting the defendants from implementing or trying to reinstate the directives from the January 27 OMB Directive that related to disbursement of funds for open federal fundings awards. 2025 WL 368852. In denying the motion to dismiss, the Court pointed to a social media post from White House Press Secretary Karoline Leavitt demonstrating the Administration’s continuing commitment to restricting federal funding despite the rescission of the OMB Directive. 

The court further required the defendants to provide written notice of the TRO to all agencies to which the OMB Directive was addressed. On February 5, 2025, the defendants filed a status report certifying that they had complied and that they were not aware of any ongoing implementation of the commands in the January 27 OMB Directive.

After briefing and a hearing, the Court issued a preliminary injunction on February 25, 2025 with terms similar to the February 4 TRO.

On March 4, the plaintiffs filed a motion asking the Court to clarify the preliminary injunction, arguing that the defendants too narrowly construed the phrase "all open awards" when determining which awards the injunction prohibited them from interfering with. The defendants responded on March 7, arguing that the phrase "all open awards" referred to those that had already been approved and partially disbursed before January 27. Judge AliKhan denied the plaintiffs' motion on March 14.

Also on March 14, the Court ordered the defendants to file their answer to the complaint by April 14, 2025.

This case is ongoing.

Summary Authors

Meredith Ulle (2/17/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69583571/parties/national-council-of-nonprofits-v-office-of-management-and-budget/


Attorney for Plaintiff

Bardwell, Will (District of Columbia)

Friedl, Kevin E. (District of Columbia)

Golden, Kaitlyn (District of Columbia)

Attorney for Defendant

Freidah, Andrew (District of Columbia)

Expert/Monitor/Master/Other

ADAMS, BEATRICE (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-00239

Complaint

Jan. 28, 2025

Jan. 28, 2025

Complaint
13

1:25-cv-00239

Order

Jan. 28, 2025

Jan. 28, 2025

Order/Opinion

2025 WL 314433

5

1:25-cv-00239

Plaintiffs' Motion for a Temporary Restraining Order

Jan. 28, 2025

Jan. 28, 2025

Pleading / Motion / Brief
11

1:25-cv-00239

Defendants' Notice Regarding Plaintiffs' Motion for Temporary Restraining Order

Jan. 28, 2025

Jan. 28, 2025

Pleading / Motion / Brief
5-1

1:25-cv-00239

Memorandum of Law in Support of Plaintiffs' Motion for a Temporary Restraining Order

Jan. 28, 2025

Jan. 28, 2025

Pleading / Motion / Brief
20

1:25-cv-00239

Defendants' Memorandum in Opposition to Plaintiffs' Motion for a Temporary Restraining Order and in Support of Motion to Dismiss

Jan. 30, 2025

Jan. 30, 2025

Pleading / Motion / Brief
26

1:25-cv-00239

Defendants' Reply Memorandum in Support of Motion to Dismiss

Feb. 1, 2025

Feb. 1, 2025

Pleading / Motion / Brief
30

1:25-cv-00239

Memorandum Opinion and Order

Feb. 3, 2025

Feb. 3, 2025

Order/Opinion

2025 WL 368852

40

1:25-cv-00239

Plaintiffs’ Motion for a Preliminary Injunction

Feb. 11, 2025

Feb. 11, 2025

Pleading / Motion / Brief
47

1:25-cv-00239

Defendants' Memorandum in Opposition to Plaintiffs' Motion for a Preliminary Injunction

Feb. 15, 2025

Feb. 15, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69583571/national-council-of-nonprofits-v-office-of-management-and-budget/

Last updated March 21, 2025, 5:43 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH in his official capacity as Acting Director of OMB ( Filing fee $ 405 receipt number ADCDC-11437419) filed by SAGE, AMERICAN PUBLIC HEALTH ASSOCIATION, NATIONAL COUNCIL OF NONPROFITS, MAIN STREET ALLIANCE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Morton, Jessica) (Attachment 1 replaced on 1/28/2025 to remove fillable form) (zjd). (Entered: 01/28/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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Jan. 28, 2025

Jan. 28, 2025

Clearinghouse

.Order

Jan. 28, 2025

Jan. 28, 2025

PACER

Scheduling Conference AND ~Util - Set/Reset Hearings

Jan. 28, 2025

Jan. 28, 2025

PACER
2

NOTICE of Appearance by Jessica Anne Morton on behalf of NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE (Morton, Jessica) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

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NOTICE of Appearance by Kaitlyn Golden on behalf of NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE (Golden, Kaitlyn) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

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NOTICE of Appearance by Robin F. Thurston on behalf of NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE (Thurston, Robin) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

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MOTION for Temporary Restraining Order by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Text of Proposed Order)(Morton, Jessica) (Entered: 01/28/2025)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Text of Proposed Order

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Jan. 28, 2025

Jan. 28, 2025

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6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Skye Perryman, Filing fee $ 100, receipt number ADCDC-11438026. Fee Status: Fee Paid. by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Golden, Kaitlyn) (Attachment 1 replaced on 1/28/2025) (znmw). (Entered: 01/28/2025)

1 Declaration

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2 Certificate of Good Standing

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Jan. 28, 2025

Jan. 28, 2025

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Case Assigned to Judge Loren L. AliKhan. (zsl)

Jan. 28, 2025

Jan. 28, 2025

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Will Bardwell, Filing fee $ 100, receipt number ADCDC-11438054. Fee Status: Fee Paid. by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Golden, Kaitlyn) (Entered: 01/28/2025)

1 Declaration

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2 Certificate of Good Standing

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Jan. 28, 2025

Jan. 28, 2025

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8

SUMMONS (4) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 01/28/2025)

1 Notice and Consent

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Jan. 28, 2025

Jan. 28, 2025

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9

NOTICE of Appearance by Daniel Stephen Garrett Schwei on behalf of All Defendants (Schwei, Daniel) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

RECAP

MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave to Appear Pro Hac Vice 6, it is hereby ORDERED that the motion is GRANTED and SKYE PERRYMAN is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Signed by Judge Loren L. AliKhan on 1/28/2025. (lclla3)

Jan. 28, 2025

Jan. 28, 2025

PACER

MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave to Appear Pro Hac Vice 7, it is hereby ORDERED that the motion is GRANTED and WILL BARDWELL is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Signed by Judge Loren L. AliKhan on 1/28/2025. (lclla3)

Jan. 28, 2025

Jan. 28, 2025

PACER
10

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kevin E. Friedl, Filing fee $ 100, receipt number ADCDC-11438527. Fee Status: Fee Paid. by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Golden, Kaitlyn) (Attachment 1 replaced on 1/28/2025) (znmw). (Entered: 01/28/2025)

1 Declaration

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2 Certificate of Good Standing

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Jan. 28, 2025

Jan. 28, 2025

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11

NOTICE from Defendants Regarding Plaintiffs' Motion for a Temporary Restraining Order by OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH re 5 Motion for TRO, (Attachments: # 1 Exhibit OMB Guidance (Jan. 28, 2025))(Schwei, Daniel) (Entered: 01/28/2025)

1 Exhibit OMB Guidance (Jan. 28, 2025)

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Jan. 28, 2025

Jan. 28, 2025

Clearinghouse

MINUTE ORDER: Upon consideration of Plaintiffs' Motion for Temporary Restraining Order 5, it is hereby ORDERED that the parties shall appear for a video status conference on this matter on January 28, 2025, at 4:00 p.m., via Zoom. It is further ORDERED that Plaintiffs shall serve Defendants with a copy of this Order immediately upon receipt to ensure that counsel for Defendants will appear at the video scheduling conference. Signed by Judge Loren L. AliKhan on 1/28/2025. (lclla3)

Jan. 28, 2025

Jan. 28, 2025

PACER

Set/Reset Hearings: Scheduling Conference set for 1/28/2025 at 04:00 PM (via Zoom/VTC) before Judge Loren L. AliKhan. (mhp)

Jan. 28, 2025

Jan. 28, 2025

PACER

NOTICE OF ERROR regarding 10 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kevin E. Friedl. The following error(s) need correction: Declaration must have an original, ink signature. Form cannot be fillable. Please refile using the event Declaration. (znmw)

Jan. 28, 2025

Jan. 28, 2025

PACER
12

DECLARATION of Kevin E. Friedl re 5 Motion for Leave to Appear Pro Hac Vice by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Golden, Kaitlyn) Modified to add link on 1/29/2025 (znmw). (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

RECAP

Minute Entry for Emergency Hearing held on 1/28/2025 before Judge Loren L. AliKhan: Jessica Morton present on behalf of plaintiffs. Daniel Schwei present on behalf of defendants. The Court orders an administrative stay through 5PM on February 3rd to maintain the status quo and allow for full consideration of Plaintiffs' request for a temporary restraining order. Government's response/opposition due by Thursday, January 30th at 5PM. Plaintiff's reply due by Friday, January 31st at 5PM. Motion Hearing re: TRO/PI set for 2/3/2025 at 11:00 AM in Courtroom 21 (in person) before Judge Loren L. AliKhan. Order to follow. (Court Reporter Stacy Johns)(mhp)

Jan. 28, 2025

Jan. 28, 2025

PACER
13

ORDER. For the reasons stated in the attached document, it is hereby ORDERED that an ADMINISTRATIVE STAY is entered until 5:00 p.m. on February 3, 2025. It is further ORDERED that Defendants shall respond to Plaintiffs' request for a temporary restraining order by 5:00 p.m. on January 30, 2025, and that Plaintiffs shall file a reply, if any, by 5:00 p.m. on January 31, 2025. The parties shall convene for a hearing on Plaintiffs' motion at 11:00 a.m. on February 3, 2025, in Courtroom 21. Signed by Judge Loren L. AliKhan on 1/28/2025. (lclla3) Modified to add event title on 1/29/2025 (znmw). (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

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Set/Reset Deadlines: Responses due by 1/30/2025; Replies due by 1/31/2025. (mhp)

Jan. 28, 2025

Jan. 28, 2025

PACER
14

NOTICE of Appearance by Skye Perryman on behalf of NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE (Perryman, Skye) (Main Document 14 replaced on 1/29/2025) (znmw). (Entered: 01/29/2025)

Jan. 29, 2025

Jan. 29, 2025

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NOTICE of Appearance by Will Bardwell on behalf of NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE (Bardwell, Will) (Main Document 15 replaced on 1/29/2025) (znmw). (Entered: 01/29/2025)

Jan. 29, 2025

Jan. 29, 2025

RECAP

MINUTE ORDER: Upon consideration of Plaintiff's Motion for Leave to Appear Pro Hac Vice 10 and Declaration of Kevin E. Friedl 12, it is hereby ORDERED that the motion is GRANTED and KEVIN E. FRIEDL is granted leave to appear pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to Local Civ. R. 83.6(a). Click for Instructions. Signed by Judge Loren L. AliKhan on 1/29/2025. (lclla3)

Jan. 29, 2025

Jan. 29, 2025

PACER
16

NOTICE of Appearance by Kevin E. Friedl on behalf of NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE (Friedl, Kevin) (Main Document 16 replaced on 1/30/2025) (znmw). (Entered: 01/29/2025)

Jan. 29, 2025

Jan. 29, 2025

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17

TRANSCRIPT OF PROCEEDINGS before Judge Loren L. AliKhan held on January 28, 2025. Page Numbers: 1-32. Date of Issuance: January 29, 2025. Court Reporter: Stacy Johns. Email address: Stacy_Johns@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/19/2025. Redacted Transcript Deadline set for 3/1/2025. Release of Transcript Restriction set for 4/29/2025.(Johns, Stacy) (Entered: 01/29/2025)

Jan. 29, 2025

Jan. 29, 2025

PACER
18

NOTICE of Factual Developments by OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH (Attachments: # 1 Exhibit OMB Mem. M-25-14, Rescission of M-25-13 (Jan. 29, 2025))(Schwei, Daniel) (Entered: 01/29/2025)

1 Exhibit OMB Mem. M-25-14, Rescission of M-25-13 (Jan. 29, 2025)

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Jan. 29, 2025

Jan. 29, 2025

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19

MOTION to Intervene, MOTION to Vacate by BEATRICE ADAMS. (mg) (Additional attachment(s) added on 1/30/2025: # 1 Exhibit) (mg). (Entered: 01/30/2025)

1 Exhibit

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Jan. 29, 2025

Jan. 29, 2025

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20

Memorandum in opposition to re 5 Motion for TRO, filed by OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH. (Schwei, Daniel) (Entered: 01/30/2025)

Jan. 30, 2025

Jan. 30, 2025

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.Order

Jan. 30, 2025

Jan. 30, 2025

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21

MOTION to Dismiss by OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Schwei, Daniel) Modified event on 1/31/2025 (znmw). (Entered: 01/30/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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Jan. 30, 2025

Jan. 30, 2025

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MINUTE ORDER: In light of Defendants' Motion to Dismiss for Lack of Jurisdiction 21, and given the urgency of this matter, it is hereby ORDERED that Plaintiffs shall file a response to the motion by 5:00 p.m. on January 31, 2025, and Defendants shall file a reply, if any, by 5:00 p.m. on February 1, 2025. Signed by Judge Loren L. AliKhan on 1/30/2025. (lclla3)

Jan. 30, 2025

Jan. 30, 2025

PACER

Set/Reset Deadlines: Pltfs Responses due by 1/31/2025 by 5PM; Defts Reply (misc ddl) due by 2/1/2025 by 5PM. (mhp)

Jan. 30, 2025

Jan. 30, 2025

PACER
22

NOTICE of Appearance by Eitan Sirkovich on behalf of OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH (Sirkovich, Eitan) (Entered: 01/31/2025)

Jan. 31, 2025

Jan. 31, 2025

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.Order

Jan. 31, 2025

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MINUTE ORDER: The court will provide access for the public to telephonically attend the hearing on the motion for a temporary restraining order, scheduled for February 3, 2025 at 11:00 a.m. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 715234770). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Loren L. AliKhan on 1/31/2025. (lclla3)

Jan. 31, 2025

Jan. 31, 2025

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23

NOTICE of Appearance by Andrew Freidah on behalf of All Defendants (Freidah, Andrew) (Entered: 01/31/2025)

Jan. 31, 2025

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24

REPLY to opposition to motion re 5 Motion for TRO, filed by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Friedl, Kevin) (Entered: 01/31/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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Jan. 31, 2025

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Memorandum in opposition to re 21 Motion to Dismiss filed by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Attachments: # 1 Text of Proposed Order)(Friedl, Kevin) (Entered: 01/31/2025)

1 Text of Proposed Order

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Jan. 31, 2025

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REPLY to opposition to motion re 21 Motion to Dismiss filed by OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH. (Schwei, Daniel) (Entered: 02/01/2025)

Feb. 1, 2025

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NOTICE of Supplemental Exhibit by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE re 5 Motion for TRO, (Attachments: # 1 Exhibit L)(Friedl, Kevin) (Entered: 02/02/2025)

1 Exhibit L

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Feb. 2, 2025

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NOTICE of Proposed Order Granting TRO by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE re 5 MOTION for Temporary Restraining Order (Friedl, Kevin) (Entered: 02/03/2025)

Feb. 3, 2025

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1 - Terminate Motion and R&R Deadlines/Hearings AND 1 - Terminate Scheduling Order Deadlines AND Motion Hearing

Feb. 3, 2025

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Minute Entry for Motions Hearing held on 2/3/2025 before Judge Loren L. AliKhan: The matter comes before the Court for Plaintiffs' Motion 5 for Temporary Restraining Order and Defendants' Motion 21 to Dismiss. Kevin E. Friedl, Jessica A. Morton, and Robin F. Thurston present on behalf of Plaintiffs. Daniel Schwei, Eitan Sirkovich, and Andrew Freidah present on behalf of Defendants. The motions were fully briefed and argued, and the Court noted its inclination to grant a temporary restraining order ("TRO") and deny the motion to dismiss. Plaintiffs to submit proposed TRO language by 1:30PM and Defendants to respond with any objections by 4:30PM. The parties are encouraged to work together to come up with an agreed-on briefing schedule for the forthcoming motion for a preliminary injunction. Order to follow. (Court Reporter Jeffrey Hook)(mhp)

Feb. 3, 2025

Feb. 3, 2025

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RESPONSE re 28 Notice of Proposed Order filed by OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH. (Schwei, Daniel) (Entered: 02/03/2025)

Feb. 3, 2025

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MEMORANDUM OPINION AND ORDER: For the reasons stated in the attached opinion, Plaintiffs' Motion for a Temporary Restraining Order 5 is GRANTED, and Defendants' Motion to Dismiss 21 is DENIED. See document for details. Signed by Judge Loren L. AliKhan on 2/3/2025. (lclla3) (Entered: 02/03/2025)

Feb. 3, 2025

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MATTHEW VAETH served on 1/31/2025 (Morton, Jessica) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/31/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/1/2025. (Morton, Jessica) Modified event on 2/5/2025 (mg). (Entered: 02/04/2025)

Feb. 4, 2025

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 1/31/2025 (Morton, Jessica) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 01/31/2025. (Morton, Jessica) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

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LEAVE TO FILE DENIED- JEANA KUCZMANSKI'S Notice of Filing. This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "Leave to file DENIED. Affiant is not a party to this case." Signed by Judge Loren L. AliKhan on 2/4/2025. (mg) Modified docket text on 2/5/2025 (mg). (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

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TRANSCRIPT OF MOTIONS HEARING before Judge Loren L. AliKhan held on February 3, 2025. Page Numbers: 1 - 79. Date of Issuance: February 4, 2025. Court Reporter: Jeff Hook. Telephone number: 202-354-3373. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/25/2025. Redacted Transcript Deadline set for 3/7/2025. Release of Transcript Restriction set for 5/5/2025.(Hook, Jeff) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

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LEAVE TO FILE DENIED- MICHAEL BROBSON, LISA K. CALVERT, KAYLA STEPHENS, JENNIFER BRIGGS BRABSON, and TAMMY DARLENE WINKLES Notice of Filing. This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "Leave to file DENIED." Affiants are not parties to this case." Signed by Judge Loren L. AliKhan on 2/5/2025. (mg) Modified docket text on 2/5/2025 (mg). (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER
38

Joint STATUS REPORT regarding preliminary injunction briefing schedule by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Morton, Jessica) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

RECAP
39

STATUS REPORT Regarding Temporary Restraining Order by OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH. (Attachments: # 1 Exhibit OMB Written Notice Regarding Temporary Restraining Order)(Schwei, Daniel) (Entered: 02/05/2025)

1 Exhibit OMB Written Notice Regarding Temporary Restraining Order

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Feb. 5, 2025

Feb. 5, 2025

RECAP

.Order

Feb. 6, 2025

Feb. 6, 2025

PACER

MINUTE ORDER: Upon consideration of the parties' Joint Status Report 38, it is hereby ORDERED that the following schedule shall govern preliminary-injunction briefing in this matter: (1) Plaintiffs shall file their motion for a preliminary injunction on or before February 11, 2025; (2) Defendants shall file their opposition on or before February 15, 2025; and (3) Plaintiffs shall file their reply, if any, on or before February 18, 2025. It is further ORDERED that the parties shall appear for a hearing on the preliminary injunction on either February 20 or February 21, 2025, and the parties shall contact Courtroom Deputy Ms. Margaret Pham (Margaret_Pham@dcd.uscourts.gov) to set a time for the hearing. Consistent with the court's February 3, 2025 Memorandum Opinion and Order 30, the court's temporary restraining order shall remain in effect until further order of the court. It is further ORDERED that all deadlines with respect to responding to Plaintiffs' complaint 1 are STAYED pending the court's resolution of the preliminary-injunction motion. Signed by Judge Loren L. AliKhan on 2/6/2025. (lclla3)

Feb. 6, 2025

Feb. 6, 2025

PACER

Set/Reset Deadlines: Motion for Preliminary Injunction due by 2/11/2025; Responses/Opposition due by 2/15/2025; Replies due by 2/18/2025. (mhp)

Feb. 6, 2025

Feb. 6, 2025

PACER

NOTICE of Hearing: Motion Hearing for Preliminary Injunction set for 2/20/2025 at 11:00 AM in Courtroom 21 (in person) before Judge Loren L. AliKhan. (mhp)

Feb. 6, 2025

Feb. 6, 2025

PACER

MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a hearing on Plaintiffs' forthcoming motion for a preliminary injunction on February 20, 2025 at 11:00 a.m. in Courtroom 21. The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 715234770). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Loren L. AliKhan on 2/6/2025. (lclla3)

Feb. 6, 2025

Feb. 6, 2025

PACER
40

MOTION for Preliminary Injunction by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Attachments: # 1 Exhibit M, # 2 Exhibit N, # 3 Exhibit O, # 4 Exhibit P, # 5 Exhibit Q, # 6 Exhibit R, # 7 Exhibit S, # 8 Text of Proposed Order)(Friedl, Kevin) (Entered: 02/11/2025)

1 Exhibit M

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2 Exhibit N

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3 Exhibit O

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4 Exhibit P

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5 Exhibit Q

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6 Exhibit R

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7 Exhibit S

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8 Text of Proposed Order

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Feb. 11, 2025

Feb. 11, 2025

Clearinghouse
41

Memorandum in opposition to re 19 Motion to Intervene, Motion to Vacate filed by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Attachments: # 1 Text of Proposed Order)(Morton, Jessica) (Entered: 02/12/2025)

1 Text of Proposed Order

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Feb. 12, 2025

Feb. 12, 2025

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42

Memorandum in opposition to re 19 Motion to Intervene, Motion to Vacate filed by OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH. (Schwei, Daniel) (Entered: 02/12/2025)

Feb. 12, 2025

Feb. 12, 2025

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43

Consent MOTION for Leave to File Amicus Brief by AMERICAN CENTER FOR LAW AND JUSTICE. (Attachments: # 1 Exhibit proposed amicus brief, # 2 Text of Proposed Order)(Sisney, Benjamin) (Entered: 02/14/2025)

1 Exhibit proposed amicus brief

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2 Text of Proposed Order

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Feb. 14, 2025

Feb. 14, 2025

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46

AMICUS BRIEF by AMERICAN CENTER FOR LAW AND JUSTICE. (znmw)

Feb. 14, 2025

Feb. 14, 2025

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44

NOTICE of Appearance by Benjamin Paul Sisney on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (Sisney, Benjamin) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

PACER
45

NOTICE of Appearance by Nathan Jeremiah Moelker on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (Moelker, Nathan) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

PACER

MINUTE ORDER: Upon consideration of American Center for Law and Justice's Consent Motion for Leave to File an Amicus Brief 43, it is hereby ORDERED that the motion is GRANTED. The Clerk of Court shall docket [43-1] as American Center for Law and Justice's amicus brief. Signed by Judge Loren L. AliKhan on 2/14/2025. (lclla3)

Feb. 14, 2025

Feb. 14, 2025

PACER
47

Memorandum in opposition to re 40 Motion for Preliminary Injunction, filed by OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH. (Attachments: # 1 Text of Proposed Order)(Schwei, Daniel) (Entered: 02/15/2025)

1 Text of Proposed Order

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Feb. 15, 2025

Feb. 15, 2025

Clearinghouse
49

REPLY to opposition to motion re 40 Motion for Preliminary Injunction, filed by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Friedl, Kevin) (Entered: 02/18/2025)

Feb. 18, 2025

Feb. 18, 2025

Clearinghouse

Notice of Provisional/Government Not Certified Status

Feb. 18, 2025

Feb. 18, 2025

PACER

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 44 NOTICE of Appearance by Benjamin Paul Sisney on behalf of AMERICAN CENTER FOR LAW AND JUSTICE (Sisney, Benjamin).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/21/2025. (zhcn) Modified on 2/18/2025 (zhcn).

Feb. 18, 2025

Feb. 18, 2025

PACER

Minute Entry for MOTION HEARING held on 2/20/2025 before Judge Loren L. AliKhan: Kevin E. Friedl, Jessica A. Morton, and Robin F. Thurston present on behalf of plaintiffs. Daniel Schwei, Eitan Sirkovich, and Andrew Freidah present on behalf of defendants. Plaintiffs' Motion 40 for a Preliminary Injunction fully briefed and argued. By Order of the Court, the Temporary Restraining Order ("TRO") will remain in place and a Preliminary Injunction ruling will be issued in due course. Order to follow. (Court Reporter Jeffrey Hook)(mhp)

Feb. 20, 2025

Feb. 20, 2025

PACER

1 - Terminate Motion and R&R Deadlines/Hearings AND 1 - Terminate Scheduling Order Deadlines AND 1 - Terminate Trial Management Order Deadlines AND Motion Hearing

Feb. 20, 2025

Feb. 20, 2025

PACER
50

NOTICE OF SUPPLEMENTAL AUTHORITY by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE (Attachments: # 1 NADOHE v. Trump, No. 1:25-cv-333 (D. Md.))(Friedl, Kevin) (Entered: 02/21/2025)

1 NADOHE v. Trump, No. 1:25-cv-333 (D. Md.)

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Feb. 21, 2025

Feb. 21, 2025

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51

MEMORANDUM OPINION regarding Plaintiffs' Motion for a Preliminary Injunction 40 . See Opinion for details. Signed by Judge Loren L. AliKhan on 2/25/2025. (lclla3)(Main Document 51 replaced on 2/25/2025)(mhp) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

Clearinghouse
52

ORDER: For the reasons explained in the court's Memorandum Opinion 51, it is hereby ORDERED that Plaintiffs' Motion for a Preliminary Injunction 40 is GRANTED, and Beatrice Adams's Motion to Intervene 19 is DENIED. It is further ORDERED that Defendants shall file a status report on or before February 28, 2025 apprising the court of the status of their compliance with this Order. It is further ORDERED that the parties shall meet and confer and file a joint status report proposing next steps in this proceeding on or before February 28, 2025. Signed by Judge Loren L. AliKhan on 2/25/2025. (lclla3) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

Clearinghouse

Set/Reset Deadlines: Status Reports (2) due by 2/28/2025 (mhp)

Feb. 25, 2025

Feb. 25, 2025

PACER
53

Consent MOTION for Extension of Time to File Joint Status Report by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Attachments: # 1 Text of Proposed Order)(Morton, Jessica) (Entered: 02/27/2025)

1 Text of Proposed Order

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Feb. 27, 2025

Feb. 27, 2025

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MINUTE ORDER: Upon consideration of Plaintiffs' Consent Motion for an Extension of Time 53, it is hereby ORDERED that the motion is GRANTED and the parties shall meet and confer and file a joint status report proposing next steps in this proceeding on or before March 4, 2025. Signed by Judge Loren L. AliKhan on 2/27/2025. (lclla3)

Feb. 27, 2025

Feb. 27, 2025

PACER

Set/Reset Deadlines: Joint Status Report proposing next steps due by 3/4/2025. (mhp)

Feb. 27, 2025

Feb. 27, 2025

PACER
54

STATUS REPORT Regarding Preliminary Injunction by OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH. (Attachments: # 1 Exhibit OMB Written Notice)(Schwei, Daniel) (Entered: 02/28/2025)

1 Exhibit OMB Written Notice

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Feb. 28, 2025

Feb. 28, 2025

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55

Joint STATUS REPORT by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Morton, Jessica) (Entered: 03/04/2025)

March 4, 2025

March 4, 2025

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56

MOTION to Clarify re 52 Order on Motion for Preliminary Injunction,,, Order on Motion to Intervene,,, Order on Motion to Vacate,, by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Morton, Jessica) (Entered: 03/04/2025)

1 Exhibit

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2 Text of Proposed Order

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March 4, 2025

March 4, 2025

Clearinghouse

MINUTE ORDER: It is hereby ORDERED that Defendants shall respond to Plaintiffs' Motion to Clarify 56 by 5:00 p.m. on March 7, 2025, and Plaintiffs shall file a reply, if any, by 5:00 p.m. on March 10, 2025. Signed by Judge Loren L. AliKhan on 3/5/2025. (lclla3)

March 5, 2025

March 5, 2025

PACER
57

RESPONSE re [56] MOTION to Clarify re [52] Order on Motion for Preliminary Injunction,,, Order on Motion to Intervene,,, Order on Motion to Vacate,, filed by OFFICE OF MANAGEMENT AND BUDGET, MATTHEW VAETH. (Freidah, Andrew)

March 7, 2025

March 7, 2025

Clearinghouse
58

REPLY to opposition to motion re [56] Motion to Clarify, filed by NATIONAL COUNCIL OF NONPROFITS, AMERICAN PUBLIC HEALTH ASSOCIATION, MAIN STREET ALLIANCE, SAGE. (Attachments: # (1) Exhibit U, # (2) Exhibit V, # (3) Exhibit W)(Morton, Jessica)

1 Exhibit U

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2 Exhibit V

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3 Exhibit W

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March 10, 2025

March 10, 2025

Clearinghouse

MINUTE ORDER: Upon consideration of the parties' Joint Status Report 55, it is hereby ORDERED that Defendants shall file their answer to Plaintiffs' Complaint 1 on or before April 14, 2025. Signed by Judge Loren L. AliKhan on 3/14/2025. (lclla3)

March 14, 2025

March 14, 2025

PACER
59

ORDER: For the reasons stated in the attached Order, it is hereby ORDERED that Plaintiffs' Motion to Clarify the Scope of the Preliminary Injunction 56 is DENIED. Signed by Judge Loren L. AliKhan on 3/14/2025. (lclla3) (Entered: 03/14/2025)

March 14, 2025

March 14, 2025

Clearinghouse

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Jan. 28, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Four not-for-profit organizations (National Council of Non-Profits, American Public Health Association, Main Street Alliance, and SAGE) that either receive federal funding and federal assistance directly or whose members receive federal funding or assistance.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of Management and Budget (District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2025 - None

Issues

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)