Case: Wilcox v. Trump

1:25-cv-00334 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 5, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a challenge to the second Trump administration's termination of Gwynne Wilcox, the Chair of the National Labor Relations Board (NLRB). (To see the Clearinghouse's collection of civil-service-related legal challenges to the second Trump administration, click here.) The plaintiff in this case was fired on January 27, 2025 by President Trump from her positions as Chair and member of the National Labor Relations Board, even though her term was not set to expire until 2028.  She filed this l…

This is a challenge to the second Trump administration's termination of Gwynne Wilcox, the Chair of the National Labor Relations Board (NLRB). (To see the Clearinghouse's collection of civil-service-related legal challenges to the second Trump administration, click here.)

The plaintiff in this case was fired on January 27, 2025 by President Trump from her positions as Chair and member of the National Labor Relations Board, even though her term was not set to expire until 2028.  She filed this lawsuit in the U.S. District Court for the District of Columbia a week later, on February 5, 2025, against President Trump and the new, Trump-appointed NLRB Chair, claiming that they had violated the National Labor Relations Act (NLRA), 29 U.S.C. § 153(a). The NLRA allows the President to remove NLRB members only “upon notice and hearing” and only “for neglect of duty or malfeasance in office, but for no other cause.” The complaint explains that President Trump fired her via email without pointing to any neglect of duty or malfeasance in office and without giving her notice or a hearing. 

Represented by the law firm Gupta Wessler LLP, the plaintiff sought: (1) a declaration from the court that her removal from the NLRB violated the National Labor Relations Act, (2) a court order requiring the new NLRB Chair to reinstate the plaintiff as a board member, and (3) any other relief due. The case was assigned to District Judge Beryl A. Howell on February 5, 2025. 

On February 10, 2025, the plaintiff filed a motion for expedited summary judgment. Their motion was supported by the Constitutional Accountability Center in an amicus brief. On February 21, 2025, the defendants filed a cross-motion for summary judgment. An amicus brief in favor of the defendants was filed by Tennessee and another was filed by Florida and 19 other states.

On March 6, 2025 the court granted summary judgment in the plaintiff's favor, declaring that defendants unlawfully terminated the plaintiff in violation of the NLRA, that the plaintiff shall remain on the NLRB and continue serving her term, that the NLRB is enjoined from removing the plaintiff from the NLRB, and that the NLRB must give the plaintiff the access she needs to fulfill her NLRB member duties.

The defendants appealed the order on March 7, 2025 in the United States Court of Appeals for the District of Columbia Circuit (case No. 25-5057). (The plaintiff responded on April 7, asking the appellate court to affirm the district court's order, and the defendants replied on April 11.) 

On March 7, the defendants also filed a motion in district court to stay the order pending appeal. The district court denied the defendants' motion on March 8. 

On March 10, 2025, the defendants filed an emergency motion in the court of appeals to stay the underlying order of the district court pending the appeal. The court—Judges Henderson, Millett and Walker—held oral argument on March 18. On March 28, the court of appeals granted the emergency motion for stay in this case (and, in the same order, granted an emergency motion for stay in Harris v. Bessent (No. 25-5055), which the Clearinghouse is following here). Judge Walker and Judge Henderson wrote separate concurring statements, and Judge Millett wrote a dissenting statement. The same day, the plaintiff filed an emergency motion for an administrative stay pending request for an initial hearing en banc, which the defendants opposed. On March 30, the court denied the motion for administrative stay. 

On April 1, 2025, the plaintiff filed a petition asking the court of appeals to vacate its March 28 decision to grant the defendants' emergency motion for a stay pending appeal; grant an initial review en banc of the merits; and grant rehearing en banc of the March 28 stay. On April 2, the defendants filed an opposition to the plaintiff's petition, asking the court to deny the petitions for en banc rehearing of the stay order and initial hearing en banc on the merits and—if the court decided to vacate the March 28 stay or reinstate the plaintiffs (Wilcox and Harris) to office—requesting a seven-day stay to seek emergency relief from the Supreme Court. 

On April 7, 2025, the court of appeals, sitting en banc, vacated its March 28 stay of the district court rulings that had reinstated the plaintiffs (Harris and Wilcox) to their federal positions. The court denied the defendants' motions for a stay pending appeal, holding that longstanding Supreme Court precedents (notably Humphrey’s Executor v. United States, 295 U.S. 602 (1935), and Wiener v. United States, 357 U.S. 349 (1958)) remain binding with respect to removal protections for members of multimember adjudicatory boards. The court emphasized that only the Supreme Court can overrule such precedent. The court also stated that the defendants failed to make the required strong showing of likely success on appeal or "on the merits of its claim that there is no available remedy for Harris or Wilcox, or that allowing the district court's injunctions to remain in place pending appeal is impermissible." Additionally, the court found that the defendants did not make a showing of irreparable harm. Dissenting judges argued that the removals were within presidential authority under Article II and criticized the district courts’ remedies as unprecedented and overreaching. The defendants' request for a temporary seven-day stay was also denied. The same day, April 7, the court of appeals denied the plaintiff's petition for initial hearing en banc. 

On April 9, 2025, the defendants filed an application with the Supreme Court to stay the judgments of the district court and requested an administrative stay while that application was considered. (The Supreme Court docket number for this case is 24A966 and the docket and filings are available here.) The same day, Chief Justice Roberts entered the requested administrative stay of the district court's March 6 order in this case and March 4 order in the Harris case pending further order of the Chief Justice or Supreme Court. On May 22, the Court granted a longer-lasting stay during the disposition of the case in the D.C. Circuit and any review in the Supreme Court.  Justice Kagan, joined by Justice Sotomayor and Justice Jackson, dissented.  The Court's unsigned majority opinion stated:

The stay reflects our judgment that the Government is likely to show that both the NLRB and
MSPB exercise considerable exective power. But we do not ultimately decide in this posture whether the NLRB or MSPB falls within . . . a recognized exception; that question is better left for resolution after full briefing and argument. 

The case is ongoing. 

Summary Authors

Sylvia Al-Mateen (4/21/2025)

Clearinghouse (5/22/2025)

Related Cases

Harris v. Bessent, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69612129/parties/wilcox-v-trump/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Attorney, Joshua Marc

Attorney, Michael S.

Attorney, Eric Dean

Expert/Monitor/Master/Other

Akremi, Faaris

Attorney, Aaron Becket

show all people

Documents in the Clearinghouse

Document
1-1

1:25-cv-00334

Exhibit A: Letter on Behalf of President Donald J. Trump

Feb. 5, 2025

Feb. 5, 2025

Pleading / Motion / Brief
1

1:25-cv-00334

Complaint for Declaratory and Injunctive Relief

Feb. 5, 2025

Feb. 5, 2025

Complaint
10

1:25-cv-00334

Plaintiff's Motion for Expedited Summary Judgment

Feb. 10, 2025

Feb. 10, 2025

Pleading / Motion / Brief
15

1:25-cv-00334

Brief of Constitutional Accountability Center as Amicus Curiae in Support of Plaintiff's Expedited Motion for Summary Judgment

Feb. 14, 2025

Feb. 14, 2025

Pleading / Motion / Brief
2

24-A-00966

Application to Stay the Judgments of the United States District Court For the District of Columbia and Request for Administrative Stay; Order

Donald J. Trump v. Gwynne A. Wilcox

Supreme Court of the United States

Feb. 18, 2025

Feb. 18, 2025

Order/Opinion

24-A-00966

Application to Stay the Judgments of the United States District Court for the District of Columbia and Request for Administrative Stay

Trump v. Wilcox; Bessent v. Harris

Supreme Court of the United States

Feb. 18, 2025

Feb. 18, 2025

Order/Opinion
18

1:25-cv-00334

Brief of Tennessee as Amicus Curiae State in Support of Defendants’ Opposition to Plaintiff's Motion for Expedited Summary Judgment

Feb. 20, 2025

Feb. 20, 2025

Pleading / Motion / Brief
26

1:25-cv-00334

Brief of the State of Florida and 19 States as Amici Curiae in Opposition to Plaintiff's Motion for Summary Judgment and in Support of Defendants’ Cross-Motion for Summary Judgment

Feb. 24, 2025

Feb. 24, 2025

Pleading / Motion / Brief
35

1:25-cv-00334

Memorandum Opinion

March 6, 2025

March 6, 2025

Order/Opinion

2025 WL 720914

1208718107

25-05057

Emergency Motion for A Stay Pending Appeal

U.S. Court of Appeals for the District of Columbia Circuit

March 6, 2025

March 6, 2025

Order/Opinion

2025 WL 720914

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69612129/wilcox-v-trump/

Last updated July 13, 2025, 1:15 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11456936) filed by GWYNNE A. WILCOX. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons)(Gupta, Deepak) (Entered: 02/05/2025)

1 Exhibit A

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2 Civil Cover Sheet

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3 Summons

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4 Summons

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Feb. 5, 2025

Feb. 5, 2025

Clearinghouse

Case Assigned/Reassigned

Feb. 5, 2025

Feb. 5, 2025

PACER

Case Assigned to Judge Beryl A. Howell. (zmtm)

Feb. 5, 2025

Feb. 5, 2025

PACER

Notice of Error- New Case

Feb. 5, 2025

Feb. 5, 2025

PACER
2

SUMMONS (2) Issued Electronically as to MARVIN KAPLAN, DONALD J. TRUMP. (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER

NOTICE OF NEW CASE ERROR The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zmtm)

Feb. 5, 2025

Feb. 5, 2025

PACER
3

REQUEST FOR SUMMONS TO ISSUE filed by GWYNNE A. WILCOX. Related document: 1 Complaint filed by GWYNNE A. WILCOX.(Gupta, Deepak) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER
4

REQUEST FOR SUMMONS TO ISSUE filed by GWYNNE A. WILCOX. Related document: 1 Complaint filed by GWYNNE A. WILCOX.(Gupta, Deepak) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER
5

STANDING ORDER. Signed by Judge Beryl A. Howell on February 5, 2025. (lcbah4) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

RECAP
6

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (mg) (Entered: 02/06/2025)

Feb. 6, 2025

Feb. 6, 2025

PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jennifer D. Bennett, Filing fee $ 100, receipt number ADCDC-11465758. Fee Status: Fee Paid. by GWYNNE A. WILCOX. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Gupta, Deepak) (Entered: 02/07/2025)

1 Declaration

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2 Text of Proposed Order

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Feb. 7, 2025

Feb. 7, 2025

RECAP

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 7, 2025

Feb. 7, 2025

PACER

MINUTE ORDER (paperless) DENYING without prejudice plaintiff's 7 Motion for Pro Hac Vice Admission of Jennifer D. Bennett. Pursuant to Local Rule 83.2(e)(2), motions for pro hac admission must be accompanied by "a certificate of the court or bar for the state in which the applicant regularly practices, which has been issued within thirty (30) days of filing and states that the applicant is a member in good standing of the bar of that state court." Signed by Judge Beryl A. Howell on February 7, 2025. (lcbah4)

Feb. 7, 2025

Feb. 7, 2025

PACER
8

NOTICE of Appearance by Matthew Wessler on behalf of GWYNNE A. WILCOX (Wessler, Matthew) (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

PACER
9

NOTICE of Appearance by Gregory A. Beck on behalf of GWYNNE A. WILCOX (Beck, Gregory) (Entered: 02/10/2025)

Feb. 10, 2025

Feb. 10, 2025

PACER

.Order

Feb. 10, 2025

Feb. 10, 2025

PACER

Set/Reset Deadlines

Feb. 10, 2025

Feb. 10, 2025

PACER
10

MOTION for Summary Judgment, MOTION to Expedite by GWYNNE A. WILCOX. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Declaration, # 4 Exhibit, # 5 Text of Proposed Order)(Gupta, Deepak) (Entered: 02/10/2025)

1 Statement of Facts

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2 Memorandum in Support

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3 Declaration

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4 Exhibit

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5 Text of Proposed Order

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Feb. 10, 2025

Feb. 10, 2025

Clearinghouse

MINUTE ORDER (paperless), upon consideration of plaintiff's 10 Motion for Expedited Summary Judgment, DIRECTING the parties to confer and jointly propose an expedited summary judgment briefing schedule by 2:00 pm on February 11, 2025. Signed by Judge Beryl A. Howell on February 10, 2025. (lcbah4)

Feb. 10, 2025

Feb. 10, 2025

PACER

Set/Reset Deadlines: Parties Joint Proposed Expedited Summary Judgment Briefing Schedule due no later than 2:00PM on 2/11/2025. (mac)

Feb. 10, 2025

Feb. 10, 2025

PACER
11

NOTICE of Appearance by Madeline McMahon on behalf of All Defendants (McMahon, Madeline) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

PACER

.Order

Feb. 11, 2025

Feb. 11, 2025

PACER
12

PROPOSED BRIEFING SCHEDULE Joint by GWYNNE A. WILCOX. (Gupta, Deepak) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

RECAP

MINUTE ORDER (paperless), upon consideration of the parties' 12 Proposed Briefing Schedule, ISSUING the following SCHEDULING ORDER: 1. By February 21, 2025 at 5:00 pm, defendants shall file any opposition to plaintiff's motion for expedited summary judgment and any cross-motion for summary judgment; 2. By February 25, 2025 at 5:00 pm, plaintiff shall file any reply in support of her motion and any opposition to defendants' cross motion; 3. By February 28, 2025 at 5:00 pm, defendants shall file any reply in support of their cross-motion; and 4. On March 5, 2025 at 10:00 AM any hearing, if necessary, will be held in-person in Courtroom 26A. Signed by Judge Beryl A. Howell on February 11, 2025. (lcbah4)

Feb. 11, 2025

Feb. 11, 2025

PACER

Set/Reset Deadlines/Hearings

Feb. 12, 2025

Feb. 12, 2025

PACER

Set/Reset Deadlines/Hearings: Defendants Opposition To Plaintiff's Motion For Expedited Summary Judgment And Any Cross-Motion For Summary Judgment due no later than 5:00PM on 2/21/2025.Plaintiff Reply In Support Of Motion And Any Opposition To Defendants' Cross Motion due no later than 5:00PM on 2/25/2025. Defendants Reply In Support Of Cross-Motion due no later than 5:00PM on 2/28/2025. Motion Hearing set for 3/5/2025 at 10:00 AM in Courtroom 26A- In Person before Judge Beryl A. Howell. (mac)

Feb. 12, 2025

Feb. 12, 2025

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/11/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/12/2025. (Attachments: # 1 Affidavit)(Gupta, Deepak) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

PACER

Order on Motion for Leave to File

Feb. 14, 2025

Feb. 14, 2025

PACER
14

MOTION for Leave to File Amicus Brief by CONSTITUTIONAL ACCOUNTABILITY CENTER. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Text of Proposed Order)(Gorod, Brianne) (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

PACER

MINUTE ORDER (paperless) GRANTING the Constitutional Accountability Center's 14 Motion for Leave to File Amicus Brief to which all parties consent. Signed by Judge Beryl A. Howell on February 14, 2025. (lcbah4)

Feb. 14, 2025

Feb. 14, 2025

PACER
15

AMICUS BRIEF by CONSTITUTIONAL ACCOUNTABILITY CENTER. (mg) (Entered: 02/18/2025)

Feb. 14, 2025

Feb. 14, 2025

Clearinghouse
16

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jennifer D. Bennett, Filing fee $ 100, receipt number ADCDC-11490360. Fee Status: Fee Paid. by GWYNNE A. WILCOX. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Gupta, Deepak) (Entered: 02/19/2025)

Feb. 19, 2025

Feb. 19, 2025

PACER
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/20/2025., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARVIN KAPLAN served on 2/19/2025 (Attachments: # 1 Exhibit United States Attorney General Certified Mail Receipt, # 2 Affidavit Marvin E. Kaplan, # 3 Exhibit Marvin E. Kaplan Certified Mail Receipt)(Gupta, Deepak) (Entered: 02/20/2025)

1 Exhibit United States Attorney General Certified Mail Receipt

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2 Affidavit Marvin E. Kaplan

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3 Exhibit Marvin E. Kaplan Certified Mail Receipt

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Feb. 20, 2025

Feb. 20, 2025

RECAP

Order on Motion for Leave to Appear Pro Hac Vice

Feb. 20, 2025

Feb. 20, 2025

PACER
18

AMICUS BRIEF OF STATE OF TENNESSEE by Whitney Hermandorfer. (Hermandorfer, Whitney) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

Clearinghouse

MINUTE ORDER (paperless) GRANTING plaintiff's 16 Motion to Appear Pro Hac Vice. Ms. Jennifer Bennett may enter an appearance pro hac vice for the purpose of representing the plaintiff in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Beryl A. Howell on February 20, 2025. (lcbah4)

Feb. 20, 2025

Feb. 20, 2025

PACER
19

NOTICE of Appearance by Nathan Andrew Forrester on behalf of STATE OF FLORIDA (Forrester, Nathan) (Entered: 02/21/2025)

Feb. 21, 2025

Feb. 21, 2025

PACER
20

NOTICE of Appearance by Darrick Monson on behalf of STATE OF FLORIDA (Monson, Darrick) (Entered: 02/21/2025)

Feb. 21, 2025

Feb. 21, 2025

PACER
21

NOTICE of Appearance by Jeffrey Paul DeSousa, I on behalf of STATE OF FLORIDA (DeSousa, Jeffrey) (Entered: 02/21/2025)

Feb. 21, 2025

Feb. 21, 2025

PACER
22

NOTICE of Appearance by David Costello on behalf of STATE OF FLORIDA (Costello, David) (Entered: 02/21/2025)

Feb. 21, 2025

Feb. 21, 2025

PACER
23

Cross MOTION for Summary Judgment by DONALD J. TRUMP, MARVIN KAPLAN. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts)(McMahon, Madeline) (Entered: 02/21/2025)

1 Text of Proposed Order

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2 Statement of Facts

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Feb. 21, 2025

Feb. 21, 2025

RECAP
24

ENTERED IN ERROR.....RESPONSE re 10 MOTION for Summary Judgment MOTION to Expedite, 23 Cross MOTION for Summary Judgment filed by STATE OF FLORIDA. (Forrester, Nathan) Modified on 2/24/2025, pursuant to Counsel (mg). (Entered: 02/21/2025)

Feb. 21, 2025

Feb. 21, 2025

RECAP
25

NOTICE of Appearance by Jennifer Bennett on behalf of GWYNNE A. WILCOX (Bennett, Jennifer) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

PACER

Notice of QC **DO NOT USE- FOR REPORTING PURPOSES ONLY.**

Feb. 24, 2025

Feb. 24, 2025

PACER
26

AMICUS BRIEF in Opposition to Plaintiff's Motion for Summary Judgment and in Support of Defendants' Cross-Motion for Summary Judgment by STATE OF FLORIDA. (Forrester, Nathan) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

Clearinghouse

NOTICE OF ERROR re 26 Amicus Brief; emailed to nathan.forrester@myfloridalegal.com, cc'd 38 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document, 2. Signature on Filing must match PACER account (mg, )

Feb. 24, 2025

Feb. 24, 2025

PACER
27

Memorandum in opposition to re 10 Motion for Summary Judgment, Motion to Expedite, 23 Motion for Summary Judgment filed by GWYNNE A. WILCOX. (Gupta, Deepak) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

RECAP
28

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 2/25/2025 (Attachments: # 1 Exhibit Donald J. Trump Certified Mail Receipt)(Gupta, Deepak) (Entered: 02/25/2025)

1 Exhibit Donald J. Trump Certified Mail Receipt

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Feb. 25, 2025

Feb. 25, 2025

PACER

NOTICE of Hearing: The Parties Shall Appear For A Motion Hearing scheduled for March 5, 2025 at 10:00 AM in Courtroom 26A- In Person before Judge Beryl A. Howell. (mac)

Feb. 27, 2025

Feb. 27, 2025

PACER

NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for March 5, 2025 at 10AM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 491822013. Any use of the public access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB), available here: <https://www.dcd.uscourts.gov/sites/dcd/files/Standing%20Order%20No.%2024-31_001.pdf > 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 other sanctions deemed necessary by the Court. (mac)

Feb. 28, 2025

Feb. 28, 2025

PACER

NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for March 5, 2025 at 10AM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 491822013. Any use of the public access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB), available here: <https://www.dcd.uscourts.gov/sites/dcd/files/Standing%20Order% 20No.%2024-31_001.pdf 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 other sanctions deemed necessary by the Court. (mac)

Feb. 28, 2025

Feb. 28, 2025

PACER

NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for March 5, 2025 at 10AM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 491822013. Any use of the public access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB), available here: <https://www.dcd.uscourts.gov/sites/dcd/files/Standing%20Order% 20No.%2024-31_001.pdf > 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 other sanctions deemed necessary by the Court. (mac)

Feb. 28, 2025

Feb. 28, 2025

PACER
29

NOTICE of Appearance by Harry Graver on behalf of DONALD J. TRUMP, MARVIN KAPLAN (Graver, Harry) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

PACER
30

REPLY to opposition to motion re 23 Motion for Summary Judgment filed by DONALD J. TRUMP, MARVIN KAPLAN. (McMahon, Madeline) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

RECAP
31

AMICUS BRIEF by STATE OF MINNESOTA, STATE OF ARIZONA, STATE OF CALIFORNIA, STATE OF COLORADO, STATE OF CONNECTICUT, STATE OF DELAWARE, DISTRICT OF COLUMBIA, STATE OF HAWAII, STATE OF ILLINOIS, STATE OF MARYLAND, COMMONWEALTH OF MASSACHUSETTS, STATE OF MICHIGAN, STATE OF NEVADA, STATE OF NEW JERSEY, STATE OF NEW MEXICO, STATE OF NEW YORK, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WISCONSIN. (Biesanz, Zach) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

RECAP
32

NOTICE OF SUBSTITUTION OF COUNSEL by Alexander William Resar on behalf of DONALD J. TRUMP, MARVIN KAPLAN Substituting for attorney Madeline M. McMahon (Resar, Alexander) (Entered: 03/02/2025)

March 2, 2025

March 2, 2025

RECAP
33

NOTICE OF SUPPLEMENTAL AUTHORITY by GWYNNE A. WILCOX (Attachments: # 1 Exhibit Harris v. Bessent, # 2 Exhibit Dellinger v. Bessent)(Gupta, Deepak) (Entered: 03/04/2025)

1 Exhibit Harris v. Bessent

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2 Exhibit Dellinger v. Bessent

View on RECAP

March 4, 2025

March 4, 2025

RECAP

Motion Hearing

March 5, 2025

March 5, 2025

PACER

Minute Entry for proceedings held before Judge Beryl A. Howell: Motion Hearing held on 3/5/2025 re 10 Motion for Summary Judgment/Expedite and 23 Cross Motion for Summary Judgment. The Court Heard Oral Arguments From The Parties. (Court Reporter ELIZABETH DAVILA.) (mac)

March 5, 2025

March 5, 2025

PACER
34

ORDER GRANTING plaintiff's 10 Motion for Summary Judgment and DENYING defendants' 23 Cross Motion for Summary Judgment. See Order for further details. Signed by Judge Beryl A. Howell on March 6, 2025. (lcbah4) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

Clearinghouse
35

MEMORANDUM OPINION regarding plaintiff's 10 Motion for Summary Judgment and defendants' 23 Cross Motion for Summary Judgment. Signed by Judge Beryl A. Howell on March 6, 2025. (lcbah4)

March 6, 2025

March 6, 2025

Clearinghouse
36

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 35 Memorandum & Opinion, 34 Order on Motion for Summary Judgment, by DONALD J. TRUMP, MARVIN KAPLAN. Fee Status: No Fee Paid. Parties have been notified. (Resar, Alexander) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

RECAP
37

TRANSCRIPT OF PROCEEDINGS, before Judge Beryl A. Howell, held on 3-05-2025; Page Numbers: 1 - 101. Date of Issuance: 3-06-2025. Court Reporter: Elizabeth Davila, Telephone number: 202-354-3242. 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 3/27/2025. Redacted Transcript Deadline set for 4/6/2025. Release of Transcript Restriction set for 6/4/2025.(Davila, Elizabeth) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER
38

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 36 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

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USCA Case Number

March 7, 2025

March 7, 2025

PACER

USCA Case Number 25-5057 for 36 Notice of Appeal to DC Circuit Court filed by MARVIN KAPLAN, DONALD J. TRUMP. (mg)

March 7, 2025

March 7, 2025

PACER
39

MOTION to Stay Court's Order Pending Appeal by DONALD J. TRUMP, MARVIN KAPLAN. (Resar, Alexander) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

Clearinghouse
40

RESPONSE re 39 MOTION to Stay Court's Order Pending Appeal filed by GWYNNE A. WILCOX. (Gupta, Deepak) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

Clearinghouse
41

ORDER DENYING defendants' 39 Motion for Stay. See Order for further details. Signed by Judge Beryl A. Howell on March 8, 2025. (lcbah4) (Entered: 03/08/2025)

March 8, 2025

March 8, 2025

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Case Details