Case: Dellinger v. Bessent

1:25-cv-00385 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 10, 2025

Closed Date: March 27, 2025

Clearinghouse coding complete

Case Summary

This is a challenge to the second Trump administration's purported firing of Hampton Dellinger, the head of the U.S. Office of Special Counsel (OSC), communicated through a one-sentence email that made no attempt to comply with the for-cause removal requirement. (To see the Clearinghouse's collection of civil-service-related legal challenges to actions by the second Trump administration, click here.) On February 10, 2025, Dellinger filed this lawsuit in the U.S. District Court for the District …

This is a challenge to the second Trump administration's purported firing of Hampton Dellinger, the head of the U.S. Office of Special Counsel (OSC), communicated through a one-sentence email that made no attempt to comply with the for-cause removal requirement. (To see the Clearinghouse's collection of civil-service-related legal challenges to actions by the second Trump administration, click here.)

On February 10, 2025, Dellinger filed this lawsuit in the U.S. District Court for the District of Columbia against President Donald J. Trump, the Secretary of the Treasury, the Director of the White House Presidential Personnel Office, the Acting Special Counsel of the OSC, the Chief Operating Officer of the OSC, and the Director of the Office of Management and Budget. Plaintiff was represented by Hecker Fink LLP. Dellinger was appointed by President Joe Biden to a five-year term leading OSC, confirmed by the Senate in March 2024. Under federal statute, he could only be removed by the President for inefficiency, neglect of duty, or malfeasance in office. On the night of February 7, 2025, Defendants purported to fire Plaintiff from his position in a one-sentence email that made no attempt to comply with the for-cause removal requirement. Plaintiff alleged Defendants' actions violated the Separation of Powers, the Administrative Procedure Act, and the Declaratory Judgment Act. Plaintiff requested declaratory judgments, injunctive relief, and all wages and benefits owed to him. 

The case was assigned to Judge Amy Berman Jackson, who held a hearing on February 10, 2025. After that hearing, she ordered briefing by the following day, and issued an administrative stay requiring that Dellinger continue to be the Special Counsel through midnight on February 13, 2025, with access to the "resources or materials of that office." The government immediately appealed and sought an emergency stay of the district court order; the appeal was docketed as 25-5025. In its briefing, the government told the Court of Appeals that the President named Doug Collins (the Secretary of Veterans Affairs) as Acting Special Counsel on February 10, 2025. It argued that the district court’s order was "thus irreparably harming the President by preventing him from installing his preferred designee as the acting head of an Executive Branch agency headed by a single individual." The Court of Appeals denied the stay, and dismissed the appeal for want of jurisdiction on February 12, 2025.   

Meanwhile, in the district court, Judge Jackson issued a temporary restraining order (TRO) on February 12, 2025. She noted that the government had not complied with the administrative stay and renewed the order that Dellinger be restored to his Special Counsel role until the court ruled on the request for a preliminary injunction. A hearing was set for February 26, 2025. Defendants again moved for a stay while they appealed; the district court, on February 13, 2025, again rejected the stay, noting its view that the order was non-appealable. On Saturday, February 15, 2025, the Court of Appeals denied a stay and agreed with the district court that the TRO was non-appealable. It issued a full opinion on the matter. Judge Katsas dissented, taking the position that the TRO was appealable and incorrect. The government had requested an expedited ruling from the Court of Appeals so that the Acting Solicitor General “has the opportunity to seek expeditious review from the Supreme Court if this Court denies relief.” 

The next day, February 16, 2025, the government asked the Supreme Court of the United States to vacate the district court order or to issue an administrative stay. On February 21, the Court declined to do so, instead holding the application "in abeyance" until February 26, the day the TRO was set to expire. Justices Sotomayor and Jackson noted on the record that they would deny a stay. Justice Gorsuch (joined by Justice Alito) dissented, explaining his view that an equitable order could not direct the appointment or removal of an executive official.

During this time, on February 21, 2025, the government filed a motion for summary judgment in the district court. Dellinger filed a cross-motion for summary judgment on February 24. 

On February 26, 2025, in the district court, Judge Jackson extended the TRO through Saturday, March 1, 2025. Then, on March 1, Judge Jackson found for Dellinger, granting summary judgment in his favor and entering a permanent injunction. She wrote:  

In short, the question presented in this case is whether it is an unconstitutional intrusion on the President’s Article II powers to say that he may remove the Special Counsel for reasons related to his performance, but he cannot do it on a whim or out of personal animus.  It is an extremely narrow question with little or no precedential value given the sui generis nature of the Office of Special Counsel, and the fact that there is no longer any other agency with a single head, protected by similar restrictions, in the executive branch.  

The Court finds that the statute is not unconstitutional.  And it finds that the elimination of the restrictions on plaintiff’s removal would be fatal to the defining and essential feature of the Office of Special Counsel as it was conceived by Congress and signed into law by the President:  its independence.  The Court concludes that they must stand.   

The government immediately filed an appeal and sought a stay pending appeal on March 1, 2025. District Judge Jackson denied the motion to stay on March 3, 2025, but on March 5, the Court of Appeals granted a stay pending full briefing (to be completed mid-April). Their opinion was filed on March 10. However, on March 12, the appellate court ordered that the briefing schedule be suspended. 

According to press reports and a letter filed with the Court of Appeals, Dellinger gave up his lawsuit the day after their decision (on March 6, 2025). The defendants responded, asserting that the appeal is "not moot" and will become moot "only if and when the permanent injunction from which it arises is dissolved and plaintiff's complaint is dismissed with prejudice." Dellinger filed his motion to dismiss the case as moot, with all parties to bear their own costs, on March 7. The motion included, "Counsel for Dellinger has conferred with counsel for defendants and is authorized to state that defendants oppose this motion." 

On March 27, 2025, the Court of Appeals responded with an order (1) granting Dellinger's March 7 motion to dismiss the appeal as moot, (2) granting the request to vacate the district court’s March 1, 2025 memorandum opinion and order, (3) remanding the case to the district court with instructions to dismiss the case with prejudice, and (4) denying the request to vacate the appellate court’s March 5, 2025 order and March 10, 2025 opinion included in the reply.

A few days later, on March 31, the district court dismissed the case with prejudice. 

The case is closed.

Summary Authors

Lacie Melasi (3/23/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69624836/parties/dellinger-v-bessent/


Judge(s)
Attorney for Plaintiff

Doniger, Kate (District of Columbia)

Attorney for Defendant

Attorney, Joshua Marc (District of Columbia)

Attorney, Mark Reiling (District of Columbia)

Attorney, Michael S. (District of Columbia)

Attorney, Daniel J. (District of Columbia)

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
2

1:25-cv-00385

Plaintiff's Motion for a Temporary Restraining Order

Feb. 10, 2025

Feb. 10, 2025

Pleading / Motion / Brief
1

1:25-cv-00385

Complaint for Declaratory and Injunctive Relief

Feb. 10, 2025

Feb. 10, 2025

Complaint
11

1:25-cv-00385

Defendants' Opposition to Plaintiff's Motion for a Temporary Restraining Order

Feb. 11, 2025

Feb. 11, 2025

Pleading / Motion / Brief
1208709802

25-5025

Mandate

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

Feb. 11, 2025

Feb. 11, 2025

Order/Opinion
1208709465

25-5025

Emergency Motion for a Stay Pending Appeal

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

Feb. 11, 2025

Feb. 11, 2025

Pleading / Motion / Brief
12

1:25-cv-00385

Memorandum of Law in Opposition to Defendants' Motion to Stay the Administrative Stay

Feb. 11, 2025

Feb. 11, 2025

Pleading / Motion / Brief
10

1:25-cv-00385

Defendants' Motion to Stay the Courts Administrative Stay

Feb. 11, 2025

Feb. 11, 2025

Pleading / Motion / Brief
1208710322

25-05028

Order on Emergency Motion for a Stay Pending Appeal

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

Feb. 13, 2025

Feb. 13, 2025

Order/Opinion
1208711227

25-05028

Per Curiam Order Filed (Special Panel)

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

Feb. 15, 2025

Feb. 15, 2025

Order/Opinion

24-A-00790

Application to Vacate the Order Issued by the U.S. District Court and Request for an Immediate Administrative Stay

Bessent v. Dellinger

Supreme Court of the United States

Feb. 16, 2025

Feb. 16, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69624836/dellinger-v-bessent/

Last updated Aug. 22, 2025, 2:41 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against SCOTT BESSENT, SERGIO GOR, KAREN GORMAN, KARL KAMMANN, DONALD J. TRUMP, RUSSELL VOUGHT ( Filing fee $ 405 receipt number ADCDC-11468025) filed by HAMPTON DELLINGER. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Matz, Joshua) (Entered: 02/10/2025)

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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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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Feb. 10, 2025

Feb. 10, 2025

Clearinghouse
2

MOTION for Temporary Restraining Order Request for Emergency Hearing by HAMPTON DELLINGER. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Certificate of Compliance with Local Rule 65.1)(Matz, Joshua). Modified docket text on 2/10/2025 (znmw). (Entered: 02/10/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Certificate of Compliance with Local Rule 65.1

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Feb. 10, 2025

Feb. 10, 2025

Clearinghouse
3

NOTICE of Appearance by Jackson Erpenbach on behalf of HAMPTON DELLINGER (Erpenbach, Jackson) (Entered: 02/10/2025)

Feb. 10, 2025

Feb. 10, 2025

RECAP
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kate L. Doniger, Filing fee $ 100, receipt number ADCDC-11468271. Fee Status: Fee Paid. by HAMPTON DELLINGER. (Attachments: # 1 Declaration of Kate L. Doniger, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Matz, Joshua) (Entered: 02/10/2025)

1 Declaration of Kate L. Doniger

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2 Certificate of Good Standing

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3 Text of Proposed Order

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Feb. 10, 2025

Feb. 10, 2025

RECAP
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin Stern, Filing fee $ 100, receipt number ADCDC-11468322. Fee Status: Fee Paid. by HAMPTON DELLINGER. (Attachments: # 1 Declaration of Benjamin Stern, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Matz, Joshua) (Entered: 02/10/2025)

1 Declaration of Benjamin Stern

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2 Certificate of Good Standing

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3 Text of Proposed Order

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Feb. 10, 2025

Feb. 10, 2025

RECAP
6

NOTICE of Appearance by Madeline McMahon on behalf of All Defendants (McMahon, Madeline) (Entered: 02/10/2025)

Feb. 10, 2025

Feb. 10, 2025

PACER
7

NOTICE OF APPEAL TO DC CIRCUIT COURT by SCOTT BESSENT, SERGIO GOR, KAREN GORMAN, KARL KAMMANN, DONALD J. TRUMP, RUSSELL VOUGHT. Fee Status: No Fee Paid. Parties have been notified. (McMahon, Madeline) (Entered: 02/10/2025)

Feb. 10, 2025

Feb. 10, 2025

RECAP

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Feb. 10, 2025

Feb. 10, 2025

PACER

.Order AND ~Util - Set/Reset Deadlines

Feb. 10, 2025

Feb. 10, 2025

PACER

NOTICE of Hearing: Motion Hearing set for 2/10/2025 at 4:30 PM in Courtroom 25A- In Person before Judge Amy Berman Jackson. (zdrf)

Feb. 10, 2025

Feb. 10, 2025

PACER

Motion Hearing

Feb. 10, 2025

Feb. 10, 2025

PACER

MINUTE ORDER. Pending before the Court is plaintiff's motion for a Temporary Restraining Order 2. The Court received the motion shortly after it was docketed and assigned this morning, and it was occupied with another hearing for most of the day, so it set a scheduling conference for 4:30 p.m. At the hearing, counsel for the defendants represented that they did not receive the motion until the early afternoon and had not yet had an opportunity to file a response. Counsel also indicated that the defendants were unable to take a position as to whether they would be willing to freeze the firing until the Court resolved the legal issues. The Court heard some argument from both sides with respect to the factors it must consider in connection with the motion, and it appreciates the fact that the lawyers were both ready to address them orally, at least in part, this afternoon. But the Court has not yet had the benefit of a written submission by the defendants. Therefore, the defendants' opposition to the motion will be due by noon tomorrow, February 11, 2025. Give the Court's concerns about the potential irreparable harm occasioned by the challenged firing of the Special Counsel, a Presidential appointee confirmed by the Senate to serve a 5-year term who "may be removed by the President only for inefficiency, neglect of duty, or malfeasance," 5 U.S.C. § 1211(b), and given the significant statutory and constitutional issues involved, the Court will defer ruling on the motion until after it has received and considered the defendants' submission. In the interim, though, to preserve the status quo -- which the D.C. Circuit has described as "the regime in place" before the challenged action, Huisha-Huisha v. Mayorkas, 27 F.4th 718, 733-34 (D.C. Cir. 2022), or "the last uncontested status which preceded the pending controversy," id., quoting District 50, United Mine Workers of America v. International Union, United Mine Workers of America, 412 F.2d 165, 168 (D.C. Cir. 1969) -- the Court will issue a brief administrative stay. An administrative stay "buys the court time to deliberate": it "do[es] not typically reflect the court's consideration of the merits," but instead "reflects a first-blush judgment about the relative consequences" of the case. United States v. Texas, 144 S. Ct. 797, 798 (2024) (Barret, J., concurring). While administrative stays are more common in appellate courts, district courts have recognized their applicability in cases seeking emergency relief - including in this District. See National Council of Nonprofits v. Office of Management & Budget, No. 25-CV-239, 2025 WL 314433 (D.D.C. Jan. 28, 2025); Order, Texas v. Department of Homeland Security, No. 24-CV-306 (E.D. Tex. Aug. 26, 2024); Chef Time 1520 LLC v. Small Business Administration, No. 22-CV-3587 (D.D.C. Dec. 1, 2022). As these courts have recognized, the "[t]he authority for an administrative stay arises from the All Writs Act and a court's inherent authority to manage its docket." Order, Texas, No. 24-CV-306, at 2. Therefore, it is HEREBY ORDERED that from the time of this order through midnight on February 13, 2025, plaintiff Hampton Dellinger shall continue to serve as the Special Counsel of the Office of Special Counsel, the position he occupied at 7:22 p.m. on Friday, February 7, 2025 when he received an email from the President, and the defendants may not deny him access to the resources or materials of that office or recognize the authority of any other person as Special Counsel. This period may only be extended by further order of the Court. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/10/2025. (lcabj1)

Feb. 10, 2025

Feb. 10, 2025

PACER

Case Assigned to Judge Amy Berman Jackson. (zmtm)

Feb. 10, 2025

Feb. 10, 2025

PACER

MINUTE ORDER granting 4 5 Motions for Leave of Kate L. Doniger and Benjamin Stern to Appear Pro Hac Vice only upon condition that the lawyers admitted, or at least one member of the lawyers' firm, undergo CM/ECF training, obtain a CM/ECF username and password, and agree to file papers electronically. No court papers will be mailed to any lawyer. 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 Amy Berman Jackson on 2/10/25. (DMK)

Feb. 10, 2025

Feb. 10, 2025

PACER

NOTICE of Hearing: Motion Hearing set for 2/10/2025 at 4:30 PM in Courtroom 25A- In Person before Judge Amy Berman Jackson. Members of the public can access the hearing via toll free number 833-990-9400. Meeting ID 208322628. (zdrf)

Feb. 10, 2025

Feb. 10, 2025

PACER

NOTICE of Hearing: Motion Hearing set for 2/10/2025 at 4:30 PM in Courtroom 25A- In Person before Judge Amy Berman Jackson. Members of the public can access the hearing via toll free number 833-990-9400. Meeting ID 208322628. (zdrf)

Feb. 10, 2025

Feb. 10, 2025

PACER

Minute Entry for proceedings held on 2/10/2025 before Judge Amy Berman Jackson re 2 MOTION for Temporary Restraining Order filed by HAMPTON DELLINGER. Motion arguments heard and taken under advisement. (Court Reporter Janice Dickman.) (zdrf)

Feb. 10, 2025

Feb. 10, 2025

PACER

MINUTE ORDER. Pending before the Court is plaintiff's motion for a Temporary Restraining Order 2 . The Court received the motion shortly after it was docketed and assigned this morning, and it was occupied with another hearing for most of the day, so it set a scheduling conference for 4:30 p.m. At the hearing, counsel for the defendants represented that they did not receive the motion until the early afternoon and had not yet had an opportunity to file a response. Counsel also indicated that the defendants were unable to take a position as to whether they would be willing to freeze the firing until the Court resolved the legal issues. The Court heard some argument from both sides with respect to the factors it must consider in connection with the motion, and it appreciates the fact that the lawyers were both ready to address them orally, at least in part, this afternoon. But the Court has not yet had the benefit of a written submission by the defendants. Therefore, the defendants' opposition to the motion will be due by noon tomorrow, February 11, 2025. Give the Court's concerns about the potential irreparable harm occasioned by the challenged firing of the Special Counsel, a Presidential appointee confirmed by the Senate to serve a 5-year term who "may be removed by the President only for inefficiency, neglect of duty, or malfeasance," 5 U.S.C. § 1211(b), and given the significant statutory and constitutional issues involved, the Court will defer ruling on the motion until after it has received and considered the defendants' submission. In the interim, though, to preserve the status quo -- which the D.C. Circuit has described as "the regime in place" before the challenged action, Huisha-Huisha v. Mayorkas, 27 F.4th 718, 733-34 (D.C. Cir. 2022), or "the last uncontested status which preceded the pending controversy," id., quoting District 50, United Mine Workers of America v. International Union, United Mine Workers of America, 412 F.2d 165, 168 (D.C. Cir. 1969) -- the Court will issue a brief administrative stay. An administrative stay "buys the court time to deliberate": it "do[es] not typically reflect the court's consideration of the merits," but instead "reflects a first-blush judgment about the relative consequences" of the case. United States v. Texas, 144 S. Ct. 797, 798 (2024) (Barret, J., concurring). While administrative stays are more common in appellate courts, district courts have recognized their applicability in cases seeking emergency relief - including in this District. See National Council of Nonprofits v. Office of Management & Budget, No. 25-CV-239, 2025 WL 314433 (D.D.C. Jan. 28, 2025); Order, Texas v. Department of Homeland Security, No. 24-CV-306 (E.D. Tex. Aug. 26, 2024); Chef Time 1520 LLC v. Small Business Administration, No. 22-CV-3587 (D.D.C. Dec. 1, 2022). As these courts have recognized, the "[t]he authority for an administrative stay arises from the All Writs Act and a court's inherent authority to manage its docket." Order, Texas, No. 24-CV-306, at 2. Therefore, it is HEREBY ORDERED that from the time of this order through midnight on February 13, 2025, plaintiff Hampton Dellinger shall continue to serve as the Special Counsel of the Office of Special Counsel, the position he occupied at 7:22 p.m. on Friday, February 7, 2025 when he received an email from the President, and the defendants may not deny him access to the resources or materials of that office or recognize the authority of any other person as Special Counsel. This period may only be extended by further order of the Court. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/10/2025. (lcabj1)

Feb. 10, 2025

Feb. 10, 2025

PACER
10

MOTION to Stay Court's Administrative Stay by SCOTT BESSENT, SERGIO GOR, KAREN GORMAN, KARL KAMMANN, DONALD J. TRUMP, RUSSELL VOUGHT. (McMahon, Madeline) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

Clearinghouse
11

RESPONSE re 2 MOTION for Temporary Restraining Order filed by SCOTT BESSENT, SERGIO GOR, KAREN GORMAN, KARL KAMMANN, DONALD J. TRUMP, RUSSELL VOUGHT. (McMahon, Madeline) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

Clearinghouse
12

Memorandum in opposition to re 10 Motion to Stay filed by HAMPTON DELLINGER. (Matz, Joshua) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

Clearinghouse
8

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 7 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

RECAP
9

TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on February 10, 2025; Page Numbers: 1-29. Date of Issuance: February 11, 2025. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, 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 3/4/2025. Redacted Transcript Deadline set for 3/14/2025. Release of Transcript Restriction set for 5/12/2025.(Dickman, Janice) (Entered: 02/11/2025)

Feb. 11, 2025

Feb. 11, 2025

PACER

USCA Case Number

Feb. 11, 2025

Feb. 11, 2025

PACER

USCA Case Number 25-5025 for 7 Notice of Appeal to DC Circuit Court filed by KARL KAMMANN, RUSSELL VOUGHT, DONALD J. TRUMP, KAREN GORMAN, SERGIO GOR, SCOTT BESSENT. (zdp)

Feb. 11, 2025

Feb. 11, 2025

PACER
13

NOTICE of the President's Designation of Acting Special Counsel by SCOTT BESSENT, SERGIO GOR, KAREN GORMAN, KARL KAMMANN, DONALD J. TRUMP, RUSSELL VOUGHT (Hall, Christopher) (Entered: 02/12/2025)

Feb. 12, 2025

Feb. 12, 2025

RECAP
14

ORDER granting 2 plaintiff's motion for a temporary restraining order. It is HEREBY ORDERED that from the date of entry of this order until the Court rules on the request for a preliminary injunction, Hampton Dellinger shall continue to serve as the Special Counsel of the Office of the Special Counsel. Defendants may not deny him access to the resources or materials of that office or recognize the authority of any other person as Special Counsel. In light of this order, the administrative stay entered on February 10, 2025, Minute Order (Feb. 10, 2025), is hereby VACATED. Defendants' motion to stay the Court's administrative stay 10 is DENIED AS MOOT. The Court will hold a hearing on plaintiff's preliminary injunction on February 26, 2025 at 10:00 AM in Courtroom 25. The parties must confer and inform the Court by February 14 of their position on whether the Court should consolidate consideration of the request for preliminary injunction with consideration of the merits pursuant to Federal Rule of Civil Procedure 65(a)(2), and they must submit a proposed schedule for any additional submissions they believe are warranted. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/12/2025. (lcabj1) (Entered: 02/12/2025)

Feb. 12, 2025

Feb. 12, 2025

RECAP
15

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 14 Order on Motion for TRO,,,,,, Order on Motion to Stay,,,,,, Set/Reset Deadlines/Hearings,,,,, by SCOTT BESSENT, SERGIO GOR, KAREN GORMAN, KARL KAMMANN, DONALD J. TRUMP, RUSSELL VOUGHT. Fee Status: No Fee Paid. Parties have been notified. (McMahon, Madeline) (Entered: 02/12/2025)

Feb. 12, 2025

Feb. 12, 2025

RECAP
16

MOTION to Stay Temporary Restraining Order Pending Appeal by SCOTT BESSENT, SERGIO GOR, KAREN GORMAN, KARL KAMMANN, DONALD J. TRUMP, RUSSELL VOUGHT. (McMahon, Madeline) (Entered: 02/12/2025)

Feb. 12, 2025

Feb. 12, 2025

RECAP
17

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 15 Notice of Appeal to DC Circuit Court,. (znmw) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

RECAP
18

MOTION to Intervene by MITCHELL WINE. (zdp) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

RECAP
19

ORDER denying 16 defendants' motion to stay. See Order for details. Signed by Judge Amy Berman Jackson on 2/13/2025. (lcabj1) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

Clearinghouse

USCA Case Number

Feb. 13, 2025

Feb. 13, 2025

PACER

USCA Case Number 25-5028 for 15 Notice of Appeal to DC Circuit Court, filed by KARL KAMMANN, RUSSELL VOUGHT, DONALD J. TRUMP, KAREN GORMAN, SERGIO GOR, SCOTT BESSENT. (zdp)

Feb. 13, 2025

Feb. 13, 2025

PACER
20

Joint STATUS REPORT by SCOTT BESSENT, SERGIO GOR, KAREN GORMAN, KARL KAMMANN, DONALD J. TRUMP, RUSSELL VOUGHT. (McMahon, Madeline) (Entered: 02/14/2025)

Feb. 14, 2025

Feb. 14, 2025

RECAP

.Order AND ~Util - Set/Reset Deadlines

Feb. 15, 2025

Feb. 15, 2025

PACER

MINUTE ORDER. In light of the joint status report 20, plaintiff's 10-page reply to the opposition to his motion for a temporary restraining order, now deemed to be a motion for a preliminary injunction, will be due on February 20, 2025. In the absence of opposition on the part of either party, it is hereby further ORDERED that the Court's consideration of the motion for preliminary injunction will be consolidated with consideration of the merits pursuant to Federal Rule of Civil Procedure 65(a)(2). This means that additional submissions are necessary, even if just for procedural purposes. Defendants' motion for summary judgment is due on February 21, 2025. Plaintiff's opposition, and his cross-motion for summary judgment, if any, to be supported by a single, combined memorandum of points and authorities, will be due on February 24, 2025. Defendants' reply, combined with their opposition to plaintiff's cross-motion, if necessary, is due on February 25, 2025. Plaintiff's reply in support of his cross-motion, if necessary, is due on February 27, 2025. Rather than re-submitting identical briefs, the parties may state in their motions that they are incorporating or relying on previously filed memoranda in support of or in opposition to the temporary restraining order as the memoranda supporting or opposing the motions for summary judgment, but they are not required to do so. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/15/2025. (lcabj1)

Feb. 15, 2025

Feb. 15, 2025

PACER

Order

Feb. 15, 2025

Feb. 15, 2025

PACER
21

REPLY to opposition to motion re 2 Motion for TRO, filed by HAMPTON DELLINGER. (Matz, Joshua) (Entered: 02/20/2025)

Feb. 20, 2025

Feb. 20, 2025

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22

MOTION for Summary Judgment by SCOTT BESSENT, SERGIO GOR, KAREN GORMAN, KARL KAMMANN, DONALD J. TRUMP, RUSSELL VOUGHT. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts)(McMahon, Madeline) (Entered: 02/21/2025)

1 Text of Proposed Order

View on PACER

2 Statement of Facts

View on PACER

Feb. 21, 2025

Feb. 21, 2025

Clearinghouse
23

Cross MOTION for Summary Judgment, MOTION for Permanent Injunction by HAMPTON DELLINGER. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Matz, Joshua) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

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24

Memorandum in opposition to re 22 Motion for Summary Judgment filed by HAMPTON DELLINGER. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Matz, Joshua) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

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25

REPLY to opposition to motion re 22 Motion for Summary Judgment and Response in Opposition to Plaintiff's Cross-Motion for Summary Judgment filed by SCOTT BESSENT, SERGIO GOR, KAREN GORMAN, KARL KAMMANN, DONALD J. TRUMP, RUSSELL VOUGHT. (McMahon, Madeline) (Entered: 02/25/2025)

Feb. 25, 2025

Feb. 25, 2025

Clearinghouse

NOTICE: As noted in the Court Order dated February 12, 2025, the parties shall appear in person for a preliminary injunction hearing on February 26, 2025 at 10:00 AM in Courtroom 25A. Members of the public can access the hearing via Toll Free Number 833-990-9400; Meeting ID 208322628. (zdrf)

Feb. 25, 2025

Feb. 25, 2025

PACER

Notice (Other)

Feb. 25, 2025

Feb. 25, 2025

PACER
26

NOTICE of Appearance by Amy Jeffress on behalf of HAMPTON DELLINGER (Jeffress, Amy) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

PACER
27

ORDER. It is hereby ORDERED that the temporary restraining order be extended for three days, through Saturday, March 1, 2025. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/26/2025. (lcabj1) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

Clearinghouse

Preliminary Injunction

Feb. 26, 2025

Feb. 26, 2025

PACER

Minute Entry for Preliminary Injunction proceedings held on 2/26/2025 before Judge Amy Berman Jackson. Arguments heard and taken under advisement. (Court Reporter Janice Dickman) (zdrf)

Feb. 26, 2025

Feb. 26, 2025

PACER
28

TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on February 26, 2025; Page Numbers: 1-66. Date of Issuance:February 27, 2025. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, 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 3/20/2025. Redacted Transcript Deadline set for 3/30/2025. Release of Transcript Restriction set for 5/28/2025.(Dickman, Janice) (Entered: 02/27/2025)

Feb. 27, 2025

Feb. 27, 2025

PACER
29

REPLY to opposition to motion re 23 Motion for Summary Judgment, Motion for Permanent Injunction filed by HAMPTON DELLINGER. (Matz, Joshua) (Entered: 02/27/2025)

Feb. 27, 2025

Feb. 27, 2025

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30

MOTION to Intervene, MOTION for Joinder by ARKALGUD LAKSHMINARASIMHA. "Leave to File Granted." Signed by Judge Amy B. Jackson on 2/28/2025 (zdp) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

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LEAVE TO FILE DENIED- ARKALGUD LAKSHMINARASIMHA; Motion to Intervene and Motion for Joinder This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "Leave to File Denied, Multiple Filings as Duplicative".. Signed by Judge Amy Berman Jackson on 2/28/2025. (zdp) (Entered: 02/28/2025)

Feb. 28, 2025

Feb. 28, 2025

PACER

Order on Motion for Joinder AND Order on Motion to Intervene

Feb. 28, 2025

Feb. 28, 2025

PACER

Order on Motion to Intervene

Feb. 28, 2025

Feb. 28, 2025

PACER

MINUTE ORDER denying 18 Motion to Intervene. Movant has not made a showing that he satisfies the requirements to intervene as of right under Fed. R. Civ. Proc. 24(a) because: (1) he is not given an unconditional right to intervene by any federal statute, and (2) he does not claim an interest relating to any property of transaction that is the subject of the action and is not so situated that disposing of the action may as a practical matter impair or impede his ability to protect that interest. Movant has also not shown that the Court should exercise its discretion to grant permissive intervention under Rule 24(b)(1), since: (A) he is not given a conditional right to intervene by any federal statute, and (B) he does not have a claim or defense that shares a common question of law or fact with the main action. The issue before the Court is whether the effort to terminate the Special Counsel's position without identifying a reason comports with the relevant statute, 5 U.S.C.§ 1211(b), and whether that statute is constitutional. Those are questions of law, not fact. The Court understands that the movant has an opinion, based on the handling of a matter in which he was involved, concerning the Special Counsel's performance of his duties, but given the issues to be resolved in this case, movant's personal experience and opinion do not bear on the resolution of the purely legal issues presented. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/28/25. (DMK)

Feb. 28, 2025

Feb. 28, 2025

PACER

MINUTE ORDER denying 30 Motion to Intervene and denying 30 Motion for Joinder. Movant has not made a showing that he satisfies the requirements to intervene as of right under Fed. R. Civ. Proc. 24(a) because: (1) he is not given an unconditional right to intervene by any federal statute, and (2) he does not claim an interest relating to any property of transaction that is the subject of the action and is not so situated that disposing of the action may as a practical matter impair or impede his ability to protect that interest. Movant has also not shown that the Court should exercise its discretion to grant permissive intervention under Rule 24(b)(1), since: (A) he is not given a conditional right to intervene by any federal statute, and (B) he does not have a claim or defense that shares a common question of law or fact with the main action. The issue before the Court is whether the effort to terminate the Special Counsel's position without identifying a reason comports with the relevant statute, 5 U.S.C.§ 1211(b), and whether that statute is constitutional. Those are questions of law, not fact, and movant's other matters do not bear on those questions. With respect to the motion for joinder, "[i]ntervention is used by a person who is outside the litigation and wishes to join it, while permissive joinder is initiated by a person who is already a party to the proceeding and wishes to bring in another party." 25 Fed. Proc., L. Ed. § 59:164; see Fed. R. Civ. Pro. 20. Because movant is not a party to this proceeding, joinder does not apply. For these reasons, the motion for intervention and the motion for joinder are hereby DENIED. Further, given that the movant has sent multiple, subsequent, duplicative filings to the court, which are insufficient for the same reasons, and that and that court staff have fielded multiple daily calls and emails from him, the Clerk of Court is direct not to accept any further filings from this movant. SO ORDERED. Signed by Judge Amy Berman Jackson on 2/28/25. (DMK)

Feb. 28, 2025

Feb. 28, 2025

PACER
32

MEMORANDUM OPINION. Signed by Judge Amy Berman Jackson on 3/1/2025. (lcabj1) (Main Document 32 replaced on 3/3/2025) (zdrf).

March 1, 2025

March 1, 2025

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33

ORDER denying 22 defendants' motion for summary judgment and granting 23 plaintiff's cross-motion for summary judgment and granting declaratory and injunctive relief. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/1/2025. (lcabj1) (Entered: 03/01/2025)

March 1, 2025

March 1, 2025

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34

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 33 Order on Motion for Summary Judgment,,,, Order on Motion for Permanent Injunction, by SCOTT BESSENT, SERGIO GOR, KAREN GORMAN, KARL KAMMANN, DONALD J. TRUMP, RUSSELL VOUGHT. Fee Status: No Fee Paid. Parties have been notified. (McMahon, Madeline) (Entered: 03/01/2025)

March 1, 2025

March 1, 2025

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35

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 34 Notice of Appeal to DC Circuit Court. (zjd) (Entered: 03/01/2025)

March 1, 2025

March 1, 2025

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MOTION to Stay re 33 Order on Motion for Summary Judgment,,,, Order on Motion for Permanent Injunction, by SCOTT BESSENT, SERGIO GOR, KAREN GORMAN, KARL KAMMANN, DONALD J. TRUMP, RUSSELL VOUGHT. (McMahon, Madeline) (Entered: 03/01/2025)

March 1, 2025

March 1, 2025

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37

Memorandum in opposition to re 36 Motion to Stay filed by HAMPTON DELLINGER. (Matz, Joshua) (Entered: 03/02/2025)

March 2, 2025

March 2, 2025

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38

NOTICE OF SUBSTITUTION OF COUNSEL by Jeremy Samuel Bloch Newman on behalf of All Defendants Substituting for attorney Madeline M. McMahon (Newman, Jeremy) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

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39

ORDER denying 36 defendants' motion to stay pending appeal. See Order for details. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/3/2025. (lcabj1) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

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40

NOTICE of Appearance by Kate Doniger on behalf of HAMPTON DELLINGER (Doniger, Kate) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

PACER
41

NOTICE of Appearance by Benjamin Matthew Stern on behalf of HAMPTON DELLINGER (Stern, Benjamin) (Entered: 03/03/2025)

March 3, 2025

March 3, 2025

PACER
42

MOTION to Intervene, MOTION for Leave to File Amicus Brief by DAMIAN R. NASTRI. "Leave to File Granted" Signed by Judge Amy B. Jackson on 3/3/2025 (zdp) (Entered: 03/05/2025)

March 3, 2025

March 3, 2025

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USCA Case Number 25-5052 for 34 Notice of Appeal to DC Circuit Court, filed by KARL KAMMANN, RUSSELL VOUGHT, DONALD J. TRUMP, KAREN GORMAN, SERGIO GOR, SCOTT BESSENT. (mg)

March 3, 2025

March 3, 2025

PACER

USCA Case Number

March 3, 2025

March 3, 2025

PACER

Order on Motion for Leave to File AND Order on Motion to Intervene

March 6, 2025

March 6, 2025

PACER

MINUTE ORDER denying as moot 42 Motion to Intervene or, alternatively, Leave to File Amicus Brief. The request is moot since the motions for summary judgment have been decided in a final order and the matter is now on appeal. In any event, movant did not satisfy the requirements to intervene as of right under Fed. R. Civ. Proc. 24(a), nor did movant show a basis for the Court to exercise its discretion to grant permissive intervention under Rule 24(b)(1) or to grant the alternative request to file an amicus brief. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/6/25. (DMK)

March 6, 2025

March 6, 2025

PACER
43

LEAVE TO FILE DENIED- Arkalgud Lakshminarasimha, Objection to Order This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "Leave to File Denied, This case is no longer before this Court.". Signed by Judge Amy Berman Jackson on 3/20/2025. (zdp) (Entered: 03/20/2025)

March 20, 2025

March 20, 2025

PACER

MINUTE ORDER. In accordance with the March 27, 2025 order entered by the Court of Appeals, this case is hereby DISMISSED with prejudice. The Court recognizes that the plaintiff has dismissed his appeal, rendering it moot, but it would not have vacated its opinion. SO ORDERED. Signed by Judge Amy Berman Jackson on 3/31/2025. (lcabj1)

March 31, 2025

March 31, 2025

PACER

.Order

March 31, 2025

March 31, 2025

PACER
44

MANDATE of USCA as to 15 Notice of Appeal to DC Circuit Court, filed by KARL KAMMANN, RUSSELL VOUGHT, DONALD J. TRUMP, KAREN GORMAN, SERGIO GOR, SCOTT BESSENT ; USCA Case Number 25-5028. (Attachments: # 1 USCA Order Filed on 2/15/2025)(zdp) (Entered: 04/10/2025)

1 USCA Order Filed on 2/15/2025

View on RECAP

April 10, 2025

April 10, 2025

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45

MANDATE of USCA as to 7 Notice of Appeal to DC Circuit Court filed by KARL KAMMANN, RUSSELL VOUGHT, DONALD J. TRUMP, KAREN GORMAN, SERGIO GOR, SCOTT BESSENT ; USCA Case Number 25-5025. (Attachments: # 1 USCA Order Filed on 2/12/2025)(zdp) (Entered: 04/10/2025)

1 USCA Order Filed on 2/12/2025

View on PACER

April 10, 2025

April 10, 2025

PACER
46

MANDATE of USCA as to 34 Notice of Appeal to DC Circuit Court, filed by KARL KAMMANN, RUSSELL VOUGHT, DONALD J. TRUMP, KAREN GORMAN, SERGIO GOR, SCOTT BESSENT ; USCA Case Number 25-5052. (Attachments: # 1 USCA Order Filed on 3/27/2025)(zdp) (Entered: 05/21/2025)

1 USCA Order Filed on 3/27/2025

View on RECAP

May 20, 2025

May 20, 2025

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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 (Appointments/Civil Service)

Key Dates

Filing Date: Feb. 10, 2025

Closing Date: March 27, 2025

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Hampton Dellinger, the head of the U.S. Office of Special Counsel (OSC) since March 6, 2024

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Treasury (- United States (national) -), Federal

White House Presidential Personnel Office (- United States (national) -), Federal

U.S. Office of Special Counsel (- United States (national) -), Federal

President Donald J. Trump (- United States (national) -), Federal

U.S. Office of Management and Budget (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Separation of Powers

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Position Restored

Reinstatement

Issues

Presidential/Gubernatorial Authority:

Appointment Authority

Civil Service