Case: Alliance for Retired Americans v. Bessent

President Donald Trump

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11453107) filed by ALLIANCE FOR RETIRED AMERICANS, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USAO-DC, # 3 Summons AG, # 4 Summons Bessent, # 5 Summons Treasury, # 6 Summons Fiscal Service)(Joshi, Nandan) (Entered: 02/03/2025)

1 Civil Cover Sheet

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2 Summons USAO-DC

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3 Summons AG

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4 Summons Bessent

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5 Summons Treasury

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6 Summons Fiscal Service

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NOTICE of Appearance by Nicolas Sansone on behalf of All Plaintiffs (Sansone, Nicolas) (Entered: 02/03/2025)

NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison) (Entered: 02/03/2025)

ERRATA by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO re 1 Complaint,. (Joshi, Nandan) (Entered: 02/04/2025)

Case Assigned/Reassigned

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALLIANCE FOR RETIRED AMERICANS (Joshi, Nandan) (Entered: 02/04/2025)

Case Assigned to Judge Colleen Kollar-Kotelly. (znmw)

SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 02/04/2025)

1 Notice and Consent

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ORDER ESTABLISHING PROCEDURES FOR CIVIL CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 02/04/2025. (lcckk1) (Entered: 02/04/2025)

MOTION for Temporary Restraining Order by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Attachments: # 1 Memorandum in Support, # 2 Declaration ARA, # 3 Declaration AFGE, # 4 Declaration SEIU, # 5 Text of Proposed Order)(Joshi, Nandan) (Entered: 02/05/2025)

1 Memorandum in Support

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2 Declaration ARA

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3 Declaration AFGE

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4 Declaration SEIU

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5 Text of Proposed Order

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.Order

NOTICE of Appearance by Bradley P. Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 02/05/2025)

ORDER. The parties shall appear for a telephone conference on the record before this Court at 3:00 p.m. ET today, February 5, 2025. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on 02/05/2025. (lcckk1) (Entered: 02/05/2025)

Order

MINUTE ORDER: The Court will provide access for the public to telephonically attend the scheduling hearing on Plaintiffs' 8 Motion for Temporary Restraining Order, set for February 5, 2025 at 3:00 PM ET. The hearing can be accessed by dialing the toll-free number: (833) 990-9400 (Meeting ID: 585620654). Attendees using the public access telephone line can listen to proceedings but cannot speak during the hearing. Attendees are also reminded of the general prohibition against photographing, recording, or 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 Court. Signed by Judge Colleen Kollar-Kotelly on 2/5/2025. (lcckk3)

Notice of Provisional/Government Not Certified Status

MINUTE ORDER: The Court held a scheduling hearing on Plaintiffs' 8 Motion for Temporary Restraining Order. The Court adjourned that scheduling hearing to allow the parties to confer. The parties shall reconvene via teleconference to continue the scheduling hearing at 6:00 PM ET this evening, February 5, 2025.The Court will again provide access for the public to telephonically attend the scheduling hearing. The hearing can be accessed by dialing the toll-free number: (833) 990-9400 (Meeting ID: 585620654). Attendees using the public access telephone line can listen to proceedings but cannot speak during the hearing. Attendees are also reminded of the general prohibition against photographing, recording, or 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 Court. Signed by Judge Colleen Kollar-Kotelly on 2/5/2025. (lcckk3)

Scheduling Conference

MINUTE ORDER: The Court held a scheduling hearing on Plaintiffs' 8 Motion for Temporary Restraining Order. Following initial discussions, the Court sent the parties a proposed order that would defer ruling on the Motion and order Defendants to take steps to preserve the status quo with respect to access to systems of records maintained by Defendant Bureau of the Fiscal Service. The Court recessed, and the parties each submitted their own proposed edits to the Court's proposed order. The Court then reconvened the parties and discussed their proposals. Although the parties appear to agree in principle, there are a few lingering disputes. And the parties require additional time to meet and confer. With that in mind, the Court proposed two possible tracks for moving forward with this litigation. Track One: The parties confer and agree to the terms of a proposed consent order to the preserve the status quo. The parties promptly file a consent motion to enter that order, with the terms of their agreement attached as a proposed order. Plaintiffs convert the 8 Motion for Temporary Restraining Order into a motion for a preliminary injunction. Defendants respond to that motion on or before February 12, 2025. Plaintiffs reply on or before February 18, 2025. And the Court holds a motion hearing at 2:00 PM ET on February 24, 2025 in Courtroom 28A. Track Two: The parties confer and are unable to reach an agreement on the terms of a proposed consent order to preserve the status quo. Defendants file their opposition to the 8 Motion for Temporary Restraining Order by 12:00 PM ET on February 6, 2025. Plaintiffs file their reply by 4:00 PM ET on February 6, 2025. And the Court holds a motion hearing at 3:30 PM ET on February 7, 2025 in Courtroom 28A. The Court ORDERS that the parties confer regarding these two tracks. If the parties reach an agreement to follow Track One, the Court ORDERS that the parties shall file their consent motion no later than 11:30 AM ET, tomorrow February 6 and adhere to the deadlines described above in Track One. If no such motion is filed by 11:30 AM ET, the Court ORDERS that the parties shall adhere to the deadlines described above in Track Two. The parties may contact Chambers by email as necessary in advance of these deadlines. Signed by Judge Colleen Kollar-Kotelly on 2/5/2025. (lcckk3)

Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) Modified event on 2/6/2025 (znmw). (Entered: 02/05/2025)

1 Text of Proposed Order

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NOTICE of Provisional/Government Not Certified Status re 11 Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) Modified event on 2/6/2025 (znmw)..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 2/12/2025. (zhcn)

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Scheduling Conference held on 2/5/2025 on Plaintiffs' 8 Motion for Temporary Restraining Order. See Order for details. (Court Reporter Lisa Edwards.) (zdot)

NOTICE of Provisional/Government Not Certified Status re 11 Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley).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 2/13/2025. (zapb)

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 11 Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley).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 2/13/2025. (zapb) Modified on 2/6/2025 (zhcn).

Scheduling Conference

Joint MOTION for Order Entering Proposed Order by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Attachments: # 1 Text of Proposed Order)(Joshi, Nandan) (Entered: 02/06/2025)

1 Text of Proposed Order

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ORDER: The parties' 12 Consent Motion is GRANTED. With the Plaintiffs' consent, the Plaintiffs' 8 Motion for a Temporary Restraining Order is CONVERTED to a Motion for a Preliminary Injunction. The Defendants shall file a response to the Plaintiffs' Motion for a Preliminary Injunction on or before February 12, 2025. The Plaintiffs shall file a Reply in support of the Motion on or before February 18, 2025. The parties shall appear for a hearing on the Motion for a Preliminary Injunction at 2:00 p.m. ET on February 24, 2025, in Courtroom 28-A. Signed by Judge Colleen Kollar-Kotelly on 2/6/2025. (lcckk3) (Entered: 02/06/2025)

TRANSCRIPT OF SCHEDULING CONFERENCE before Judge Colleen Kollar-Kotelly held on February 5, 2025; Page Numbers: 1-50. Date of Issuance: February 6, 2025. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. 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 2/27/2025. Redacted Transcript Deadline set for 3/9/2025. Release of Transcript Restriction set for 5/7/2025.(Edwards, Lisa) (Entered: 02/06/2025)

NOTICE of Provisional/Government Not Certified Status re 11 Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) Modified event on 2/6/2025 (znmw)..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 2/12/2025. (zhcn)

Set/Reset Deadlines/Hearings

Notice of Provisional/Government Not Certified Status

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Scheduling Conference held on 2/5/2025 on Plaintiffs' 8 Motion for Temporary Restraining Order. See Order for details. (Court Reporter Lisa Edwards.) (zdot)

Set/Reset Deadlines/Hearings: Defendants' Response due by 2/12/2025. Plaintiffs' Reply due by 2/18/2025. Preliminary Injunction Hearing set for 2/24/2025 at 2:00 PM in Courtroom 28A- In Person before Judge Colleen Kollar-Kotelly. (dot)

NOTICE of Correction by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE (Attachments: # 1 Exhibit Krause Declaration, # 2 Exhibit Order)(Humphreys, Bradley) (Entered: 02/10/2025)

1 Exhibit Krause Declaration

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2 Exhibit Order

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MOTION for Leave to File Supplement to the Record by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Text of Proposed Order)(Joshi, Nandan) (Entered: 02/11/2025)

1 Memorandum in Support

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2 Exhibit Exhibit 1

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3 Exhibit Exhibit 2

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4 Exhibit Exhibit 3

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5 Exhibit Exhibit 4

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6 Exhibit Exhibit 5

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7 Exhibit Exhibit 6

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8 Exhibit Exhibit 7

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9 Text of Proposed Order

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Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings: Defendants' Response due by 2/12/2025. Plaintiffs' Reply due by 2/18/2025. Preliminary Injunction Hearing set for 2/24/2025 at 2:00 PM in Courtroom 28A- In Person before Judge Colleen Kollar-Kotelly. (dot)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/4/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/5/2025. (Joshi, Nandan) (Entered: 02/11/2025)

MEMORANDUM OPINION & ORDER granting 16 Motion for Leave to File. For the reasons explained herein, this Memorandum Opinion & Order is HELD IN ABEYANCE until 5:30 PM ET on February 11, 2025. Signed by Judge Colleen Kollar-Kotelly on 2/11/2025. (lcckk3) (Entered: 02/11/2025)

ORDER. For the reasons stated in the Court's earlier 18 Memorandum Opinion & Order, the Court ORDERS that Plaintiffs' 16 Motion to Supplement the Record is GRANTED. Signed by Judge Colleen Kollar-Kotelly on 2/11/2025. (lcckk3) (Entered: 02/11/2025)

Unopposed MOTION for Leave to File an Amicus Brief in Support of Plaintiffs' Motion for a Preliminary Injunction by FORMER TREASURY DEPARTMENT OFFICIALS. (Attachments: # 1 Exhibit A, Amicus Brief in Support of Plaintiffs Motion for a Preliminary injunction, # 2 Exhibit B, Proposed Order)(Ruzumna, Daniel) (Entered: 02/11/2025)

1 Exhibit A, Amicus Brief in Support of Plaintiffs Motion for a Preliminary injunc

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2 Exhibit B, Proposed Order

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Consent MOTION for Leave to File Amicus Brief in Opposition to Plaintiffs Motion for a Preliminary injunction by AMERICAN CENTER FOR LAW AND JUSTICE. (Attachments: # 1 Amicus Brief in Opposition to Plaintiffs Motion for a Preliminary injunction,, # 2 Text of Proposed Order Proposed Order)(Moelker, Nathan) (Entered: 02/12/2025)

1 Amicus Brief in Opposition to Plaintiffs Motion for a Preliminary injunction,

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2 Text of Proposed Order Proposed Order

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ORDER granting 20 Motion for Leave to File. Signed by Judge Colleen Kollar-Kotelly on 2/12/2025. (lcckk3) (Entered: 02/12/2025)

ORDER granting 21 Motion for Leave to File. Signed by Judge Colleen Kollar-Kotelly on 2/12/2025. (lcckk3) (Entered: 02/12/2025)

Memorandum in opposition to re 8 Motion for TRO, filed by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Declaration Krause Declaration, # 2 Declaration Gioeli Declaration, # 3 Declaration Wenzler Declaration, # 4 Declaration Robinson Declaration, # 5 Text of Proposed Order)(Humphreys, Bradley) (Entered: 02/12/2025)

1 Declaration Krause Declaration

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2 Declaration Gioeli Declaration

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3 Declaration Wenzler Declaration

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4 Declaration Robinson Declaration

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5 Text of Proposed Order

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NOTICE of Supplemental Declaration Updating Declaration of Thomas H. Krause by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE (Attachments: # 1 Declaration Declaration of Thomas H. Krause)(Humphreys, Bradley) (Entered: 02/13/2025)

1 Declaration Declaration of Thomas H. Krause

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.Order

MINUTE ORDER: Local Rule of Civil Procedure 65.1(c) requires that any opposition to an application for preliminary injunction "be accompanied by all affidavits on which the defendant intends to rely." Rule 65.1(c) further dictates that "[s]upplemental affidavits either to the application or the opposition may be filed only with permission of the Court." When Plaintiffs filed a 16 Motion for Leave to Supplement their motion for preliminary injunction in accordance with Rule 65.1(c), Defendants opposed, and the Court issued a 24 Memorandum Opinion & Order resolving the motion. On February 12, Defendants filed their 24 Memorandum in Opposition to Plaintiffs' motion for preliminary injunction. Last night, February 13, Defendants filed a 25 Notice of a supplemental declaration "in connection with" their opposition. Defendants did not seek the Court's permission to file this supplemental affidavit as Rule 65.1(c) requires. Nor do they indicate that they have met and conferred with Plaintiffs as Local Rule of Civil Procedure 7(m) requires.Accordingly, the Court ORDERS that Defendants shall meet and confer with Plaintiffs and file a motion for leave to file the supplemental affidavit in accordance with Local Rules 7(m) and 65.1(c). Signed by Judge Colleen Kollar-Kotelly on 2/14/2025. (lcckk3)

Order

Consent MOTION for Leave to File Supplemental Declaration by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Exhibit Supplemental Declaration of Thomas H. Krause, Jr.)(Humphreys, Bradley) (Entered: 02/18/2025)

1 Exhibit Supplemental Declaration of Thomas H. Krause, Jr.

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Order on Motion for Leave to File

ORDER directing the filing of the administrative record and/or supplemental memoranda. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on 02/18/2025. (lcckk1) (Entered: 02/18/2025)

MINUTE ORDER: The Court is in receipt of Defendants' 26 Consent Motion for Leave to File Supplemental Declaration. Based on the parties' consent and for good cause shown, the Court GRANTS the Motion. Signed by Judge Colleen Kollar-Kotelly on 2/18/2025. (lcckk3)

REPLY to opposition to motion re 8 Motion for TRO, filed by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Joshi, Nandan) (Entered: 02/18/2025)

MEMORANDUM re 27 Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Humphreys, Bradley) (Entered: 02/19/2025)

Unopposed MOTION to Modify the Court's February 6, 2025 Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Affidavit Declaration of John York, # 2 Text of Proposed Order)(Humphreys, Bradley) (Entered: 02/20/2025)

1 Affidavit Declaration of John York

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2 Text of Proposed Order

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MEMORANDUM re 27 Order by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Joshi, Nandan) (Entered: 02/20/2025)

ORDER granting 30 Unopposed MOTION to Modify the Court's February 6, 2025 Order. Signed by Judge Colleen Kollar-Kotelly on 2/20/2025. (lcckk3) (Entered: 02/20/2025)

NOTICE OF SUPPLEMENTAL AUTHORITY by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO (Joshi, Nandan) (Entered: 02/22/2025)

MINUTE ORDER: The Court will hold a hearing on Plaintiffs' 8 Motion for Preliminary Injunction in Courtroom 28A at 2:00 PM ET this afternoon, February 24, 2025. Members of the public can access the hearing telephonically by dialing the toll-free number: (833) 990-9400 (Meeting ID: 585620654). Attendees using the public access telephone line can listen to proceedings but cannot speak during the hearing. Attendees are also reminded of the general prohibition against photographing, recording, or 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 Court. Signed by Judge Colleen Kollar-Kotelly on 2/24/2025. (lcckk3)

.Order

Order

NOTICE OF SUPPLEMENTAL AUTHORITY by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO (Joshi, Nandan) (Entered: 02/24/2025)

Motion Hearing

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Motion Hearing held on 2/24/2025 re 8 Plaintiff's MOTION for Preliminary Injunction; heard and taken under advisement. (Court Reporter Chandra Kean.) (zdot)

MINUTE ORDER: The Court held a hearing on Plaintiffs' 8 Motion for a Preliminary Injunction on February 24, 2025. The Court did not resolve Plaintiffs' Motion and expresses no view at this time on the ultimate disposition of that Motion.However, as stated at the hearing and as the Court will more fully explain in its written ruling on Plaintiffs' Motion, the Court concludes that it has subject-matter jurisdiction over this matter. Because resolving the balance of Plaintiffs' Motion may require the Court to assess Plaintiffs' likelihood of success on the merits of their claims under the Administrative Procedure Act, binding precedent compels the Court to call for the administrative record. See Am. Bioscience, Inc. v. Thompson, 243 F.3d 579, 582 (D.C. Cir. 2001) (directing that "before assessing... probability of success on the merits" in a case challenging agency action as arbitrary and capricious, district courts should "require[] the [agency] to file the administrative record "and "determine[] the grounds on which" the agency acted). And because the Court concludes that it has subject-matter jurisdiction, there is no impediment to ordering the production of the administrative record at this stage. Cf. In re United States, 583 U.S. 29, 31-32 (2017) (per curiam) (concluding that district court should have "resolved the Government's threshold arguments" that the court lacked jurisdiction before ordering production of a complete administrative record).Accordingly, and as agreed to by the parties at the hearing, it is hereby ORDERED that Defendants shall file the administrative record underlying the decisions challenged in this case on or before March 10, 2025. If Defendants take the position that any document that would otherwise be part of the administrative record is subject to a privilege, Defendants shall promptly file a motion for exemption from disclosure, which the Court shall resolve in due course. See In re United States, 583 U.S. at 32 ("[T]he District Court may not compel the Government to disclose any document that the Government believes is privileged without first providing the Government with the opportunity to argue the issue."). Plaintiffs shall file any objections to Defendants' designation of the administrative record, including objections that Defendants omitted information that should have been included, on or before March 11, 2025.It is further ORDERED that the parties shall file a joint status report on or before February 26, 2025, proposing a schedule for proceedings to follow from the Court's eventual resolution of the 8 Motion for Preliminary Injunction, including briefing on Defendants' forthcoming Motion to Dismiss and Plaintiffs' forthcoming Cross-Motion for Summary Judgment.The Court's interim 32 Order remains in effect until the Court resolves Plaintiffs' 8 Motion for a Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 02/25/2025. (lcckk1)

.Order

Order

Set/Reset Deadlines

Set/Reset Deadlines: Defendants' Administrative Record due by 3/10/2025. Plaintiffs' objections due by 3/11/2025. Joint Status Report due by 2/26/2025. (dot)

Joint STATUS REPORT by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Humphreys, Bradley) (Entered: 02/26/2025)

TRANSCRIPT OF PRELIMINARY INJUNCTION before Judge Colleen Kollar-Kotelly held on February 24, 2025; Page Numbers: 1-141. Date of Issuance: February 25, 2025. Court Reporter/Transcriber Chandra Kean, RMR, Telephone number 202-354-3404.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 3/21/2025. Redacted Transcript Deadline set for 3/31/2025. Release of Transcript Restriction set for 5/29/2025.(Kean, Chandra) (Entered: 02/28/2025)

MOTION to Clarify or, in the Alternative, to Exclude Materials from the Administrative Record by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley). Added MOTION for Order on 3/3/2025 (zjm). (Entered: 02/28/2025)

1 Text of Proposed Order

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ORDER. Plaintiffs shall file any response to Defendants' 37 Motion for Clarification or, in the Alternative, to Exclude Materials from the Administrative Record no later than 9:00 a.m. ET on Tuesday, March 4, 2025. Signed by Judge Colleen Kollar-Kotelly on 03/03/2025. (lcckk1) (Entered: 03/03/2025)

Set/Reset Deadlines

Set/Reset Deadlines: Plaintiffs' Response to 37 due by 3/4/2025 at 9:00 am ET. (dot)

RESPONSE re 37 MOTION to Clarify or, in the Alternative, to Exclude Materials from the Administrative Record MOTION for Order filed by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Joshi, Nandan) (Entered: 03/04/2025)

ORDER granting in part and denying in part Defendants' 37 Motion for Clarification or, in the Alternative, to Exclude Materials from the Administrative Record. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on 03/04/2025. (lcckk1) (Entered: 03/04/2025)

ORDER denying 8 Plaintiffs' Motion for a Preliminary Injunction and dissolving the Court's interim 32 Order dated February 20, 2025. Signed by Judge Colleen Kollar-Kotelly on 03/07/2025. (lcckk1) (Entered: 03/07/2025)

MEMORANDUM OPINION accompanying 41 Order. Signed by Judge Colleen Kollar-Kotelly on 03/07/2025. (lcckk1) (Entered: 03/07/2025)

ORDER setting deadlines for further proceedings. Defendants shall file the administrative record underlying the decisions challenged in this case on or before March 10, 2025. Defendants shall file their Motion to Dismiss or, in the Alternative, for Summary Judgment, on or before March 21, 2025. Plaintiffs shall file a combined Opposition to Defendants' Motion and Cross-Motion for Summary Judgment on or before April 4, 2025. Defendants shall file a combined Reply and Opposition to Plaintiffs' Motion on or before April 14, 2025. Plaintiffs shall file a Reply on or before April 24, 2025. Signed by Judge Colleen Kollar-Kotelly on 03/07/2025. (lcckk1) (Entered: 03/07/2025)

Set/Reset Deadlines: Plaintiffs' Cross Motion for Summary Judgment due by 4/2/2025. Response to Cross Motion for Summary Judgment due by 4/14/2025. Reply to Cross Motion for Summary Judgment due by 4/24/2025. Defendants' Motion to Dismiss/Summary Judgment Motion due by 3/21/2025. Response to Motion for Summary Judgment due by 4/2/2025. Reply to Motion for Summary Judgment due by 4/14/2025. (dot)

ADMINISTRATIVE RECORD by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Exhibit Administrative Record)(Humphreys, Bradley) (Entered: 03/10/2025)

1 Exhibit Administrative Record

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RESPONSE re 44 Administrative Record filed by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Joshi, Nandan) (Entered: 03/11/2025)

.Order

MINUTE ORDER: The Court is in receipt of Plaintiffs' 45 Objections to the Designation of the Administrative Record. It is hereby ORDERED that Defendants shall file a response to Plaintiffs' 45 Objections no later than 3:00 p.m. ET tomorrow, March 12, 2025. Signed by Judge Colleen Kollar-Kotelly on 03/11/2025. (lcckk1)

RESPONSE to Plaintiffs' Objections to the Designation of the Administrative Record filed by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Humphreys, Bradley) (Entered: 03/12/2025)

MEMORANDUM OPINION & ORDER resolving Plaintiffs' 45 Objections to the Designation of the Administrative Record. Plaintiffs' request for an order directing Defendants to supplement the administrative record is GRANTED IN PART and DENIED IN PART. Plaintiffs shall file any motion for discovery no later than 12:00 p.m. on March 17, 2025. Defendants shall file a response to any such motion by 5:00 p.m. on March 18, 2025. Plaintiffs shall then file a reply, if any, by 12:00 p.m. on March 19, 2025. See Memorandum Opinion & Order for further details. Signed by Judge Colleen Kollar-Kotelly on 03/13/2025. (lcckk1) (Entered: 03/13/2025)

Set/Reset Deadlines

NOTICE of Filing by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE (Attachments: # 1 Exhibit, # 2 Exhibit)(Humphreys, Bradley) (Entered: 03/14/2025)

1 Exhibit

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2 Exhibit

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MOTION for Discovery by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Proposed Discovery, # 3 Text of Proposed Order)(Joshi, Nandan) (Entered: 03/17/2025)

1 Memorandum in Support

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2 Exhibit Proposed Discovery

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3 Text of Proposed Order

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Set/Reset Deadlines

Memorandum in opposition to re 49 Motion for Discovery, filed by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 03/18/2025)

1 Text of Proposed Order

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REPLY to opposition to motion re 49 Motion for Discovery, filed by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Joshi, Nandan) (Entered: 03/19/2025)

MEMORANDUM OPINION & ORDER granting in part and denying in part 49 Motion for Discovery and modifying the 43 Order setting a briefing schedule. Signed by Judge Colleen Kollar-Kotelly on 3/20/2025. (lcckk3) (Entered: 03/20/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/20/2025. (Joshi, Nandan) (Entered: 03/20/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SCOTT BESSENT served on 2/13/2025 (Joshi, Nandan) (Entered: 03/20/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. BUREAU OF THE FISCAL SERVICE served on 2/10/2025 (Joshi, Nandan) (Entered: 03/20/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF THE TREASURY served on 2/13/2025 (Joshi, Nandan) (Entered: 03/20/2025)

Set/Reset Deadlines: Plaintiffs' Cross Motion for Summary Judgment due by 4/18/2025. Response to Cross Motion for Summary Judgment due by 4/28/2025. Reply to Cross Motion for Summary Judgment due by 5/8/2025. Defendants' Summary Judgment Motion due by 4/4/2025. Response to Motion for Summary Judgment due by 4/18/2025. Reply to Motion for Summary Judgment due by 4/28/2025. (dot)