Case: American Federation of Government Employees, AFL-CIO v. U.S. Office of Personnel Management

American Federation of Government Employees v. U.S. Office of Personnel Management

President Donald Trump

COMPLAINT against Acting U.S. DOGE Administrator, Charles Ezell, Elon Musk, U.S. DOGE Service, U.S. DOGE Service Temporary Organization, U.S. Office of Personnel Management. (Filing Fee $ 405.00, Receipt Number ANYSDC-30603187)Document filed by Vanessa Barrow, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, American Federation of Government Employees, AFL-CIO, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/11/2025)

CIVIL COVER SHEET filed..(Millsaps, Rhett) (Entered: 02/11/2025)

Notice to Attorney Regarding Party Modification

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rhett Owen Millsaps, II. The party information for the following party/parties has been modified: Acting U.S. DOGE Administrator, Charles Ezell, Elon Musk, U.S. DOGE Service, U.S. DOGE Service Temporary Organization, U.S. Office of Personnel Management, Vanessa Barrow, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, American Federation of Government Employees, AFL-CIO, George Jones, Deborah Toussant. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; alias party name was omitted; party name entered incorrectly. (vf)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Notice to Attorney Regarding Deficient Pleading

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rhett Owen Millsaps, II re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party Does 1-100. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf)

Notice to Attorney Regarding Case Opening Statistical Error Correction

***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rhett Owen Millsaps, II. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf)

Case Opening Initial Assignment Notice

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)

Case Designation

Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)

Case Designated ECF

Case Designated ECF. (vf)

NOTICE OF APPEARANCE by Christopher Jon Sprigman on behalf of American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, George Jones, Deborah Toussant..(Sprigman, Christopher) (Entered: 02/12/2025)

Add Party for Pleading

ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Does 1-100 added. Party added pursuant to 1 Complaint,,.Document filed by Does 1-100. Related document: 1 Complaint,,..(Millsaps, Rhett)

Notice Regarding Deficient Motion to Appear Pro Hac vice

FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED MOTION for Norman L. Eisen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30607208. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO. (Attachments: # 1 Appendix PHV Motion, # 2 Affidavit PHV Affidavit, # 3 Appendix DC COGS, # 4 Appendix MD COGS).(Eisen, Norman) Modified on 2/12/2025 (rju). (Entered: 02/12/2025)

1 Appendix PHV Motion

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2 Affidavit PHV Affidavit

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3 Appendix DC COGS

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4 Appendix MD COGS

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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 4 PROPOSED MOTION for Norman L. Eisen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30607208. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit must be signed, stamped and notarized.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (rju)

Notice Regarding Pro Hac Vice Motion

MOTION for F. Mario Trujillo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30607995. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO. (Attachments: # 1 Affidavit Declaration in support of motion, # 2 Exhibit CA certificate of good standing, # 3 Exhibit DC certificate of good standing, # 4 Proposed Order proposed order).(Trujillo, Frank) (Entered: 02/12/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Office of Personnel Management, re: 1 Complaint,,. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/12/2025)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for F. Mario Trujillo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30607995. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

FILING ERROR - DEFICIENT- SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Charles Ezell, Acting Director of the Office of Personnel Management, re: 1 Complaint,,. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) Modified on 2/13/2025 (vf). (Entered: 02/12/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. DOGE Service, re: 1 Complaint,,. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/12/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Acting U.S. DOGE Administrator, re: 1 Complaint,,. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/12/2025)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. DOGE Service Temporary Organization, re: 1 Complaint,,. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) Modified on 2/13/2025 (vf). (Entered: 02/12/2025)

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Elon Musk, Director of the U.S. DOGE Temporary Service, re: 1 Complaint,,. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) Modified on 2/13/2025 (vf). (Entered: 02/12/2025)

AMENDED MOTION for Norman L. Eisen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30609604. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO. Return Date set for 2/12/2025 at 04:00 PM. (Attachments: # 1 Appendix PHV Motion, # 2 Affidavit PHV Affidavit, # 3 Appendix DC COGS, # 4 Appendix MD COGS).(Eisen, Norman) (Entered: 02/12/2025)

1 Appendix PHV Motion

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2 Affidavit PHV Affidavit

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3 Appendix DC COGS

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4 Appendix MD COGS

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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 AMENDED MOTION for Norman L. Eisen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30609604. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

ELECTRONIC SUMMONS ISSUED as to U.S. Office of Personnel Management. (vf) (Entered: 02/13/2025)

Notice to Attorney Regarding Deficient Request for Issuance of Summons

ELECTRONIC SUMMONS ISSUED as to U.S. DOGE Service. (vf) (Entered: 02/13/2025)

Notice of Case Assignment/Reassignment

ELECTRONIC SUMMONS ISSUED as to Acting U.S. DOGE Administrator. (vf) (Entered: 02/13/2025)

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rhett Owen Millsaps, II to RE-FILE Document No. 7 Request for Issuance of Summons,, 11 Request for Issuance of Summons,, 10 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant party name listed does not correspond exactly to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)

REQUEST FOR ISSUANCE OF SUMMONS as to Charles Ezell, in his official capacity as Acting Director of the Office of Personnel Management, re: 1 Complaint,,. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to Elon Musk, in his capacity as director of the U.S. DOGE Temporary Service, re: 1 Complaint,,. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/13/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. DOGE Temporary Service a/k/a the "Department of Government Efficiency", re: 1 Complaint,,. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/13/2025)

NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Victor Marrero is no longer assigned to the case..(tro)

ELECTRONIC SUMMONS ISSUED as to Charles Ezell. (vf) (Entered: 02/13/2025)

ELECTRONIC SUMMONS ISSUED as to Elon Musk. (vf) (Entered: 02/13/2025)

ELECTRONIC SUMMONS ISSUED as to U.S. DOGE Temporary Service. (vf) (Entered: 02/13/2025)

NOTICE OF APPEARANCE by Victoria Jane Noble on behalf of American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100..(Noble, Victoria) (Entered: 02/13/2025)

ORDER granting 12 Motion for Norman L. Eisen to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh) (Entered: 02/14/2025)

Notice Regarding Deleted Document

Order on Motion to Appear Pro Hac Vice

ORDER granting 5 Motion for Mario Trujillo to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh) (Entered: 02/14/2025)

Notice Regarding Pro Hac Vice Motion

***DELETED DOCUMENT. Deleted Minute Entry dated 2/14/2025. The document was incorrectly filed in this case. (tn)

FIRST MOTION for Mark McKenna to Appear Pro Hac Vice for Plaintiffs. Filing fee $ 200.00, receipt number ANYSDC-30624165. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant. (Attachments: # 1 Affidavit Affidavit for Admission, # 2 Proposed Order Order for Admission).(McKenna, Mark) (Entered: 02/14/2025)

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 FIRST MOTION for Mark McKenna to Appear Pro Hac Vice for Plaintiffs. Filing fee $ 200.00, receipt number ANYSDC-30624165. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

ORDER granting 25 Motion for Mark McKenna to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh) (Entered: 02/14/2025)

EMERGENCY MOTION for Temporary Restraining Order . Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 02/14/2025)

MEMORANDUM OF LAW in Support re: 27 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/14/2025)

DECLARATION of Sommattie Ramrup in Support re: 27 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/14/2025)

DECLARATION of Everett Kelley in Support re: 27 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/14/2025)

DECLARATION of Deborah Toussant in Support re: 27 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/14/2025)

PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant. Related Document Number: 27 ..(Millsaps, Rhett) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 02/14/2025)

ORDER. On February 11, 2025, the plaintiffs, consisting of unions and current and former federal government employees, filed this action seeking declaratory and injunctive relief against the U.S. Office of Personnel Management, Charles Ezell, the U.S. DOGE Service, the unidentified acting administrator of the U.S. DOGE Service, the U.S. DOGE Service Temporary Organization, and Elon Musk. On the evening of February 14, the plaintiffs filed a motion for a temporary restraining order ("Motion") and requested a prompt hearing. Accordingly, it is hereby ORDERED that, to the extent they have not already done so, the plaintiffs shall serve the defendants with their Motion and accompanying papers. IT IS FURTHER ORDERED that the parties shall meet and confer promptly regarding (1) a schedule for briefing the Motion, and (2) whether there is consent to the proposed temporary restraining order, to any portion of it, or to other actions to be taken by the defendants pending completion of the briefing and a decision by the Court on the Motion. IT IS FURTHER ORDERED that by Tuesday, February 18, 2025 at 10:00 a.m. the parties shall advise the Court of their proposals regarding a briefing schedule and any agreements they have reached. IT IS FURTHER ORDERED that the parties shall supply Chambers with two (2) courtesy copies of their filings and, to the extent that the filings cite to materials other than court decisions, statutes, and regulations, the parties shall include copies of those materials as well. Courtesy copies shall be delivered to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 2/15/2025) (bw) (Entered: 02/15/2025)

NOTICE OF APPEARANCE by David E. Farber on behalf of U.S. DOGE Temporary Service, Elon Musk, U.S. Office of Personnel Management, Charles Ezell, U.S. DOGE Service, Acting U.S. DOGE Administrator..(Farber, David) (Entered: 02/15/2025)

JOINT LETTER addressed to Judge Denise L. Cote from Rhett O. Millsaps II and David E. Farber dated February 17, 2025 re: Proposed briefing schedule on motion for TRO. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/17/2025)

MEMO ENDORSEMENT on re: 35 Letter, filed by American Federation of Government Employees, AFL-CIO, George Jones, Vanessa Barrow, Deborah Toussant, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Does 1-100. ENDORSEMENT: The proposed briefing schedule is so ordered. ( Replies due by 2/24/2025., Responses due by 2/19/2025) (Signed by Judge Denise L. Cote on 2/18/2025) (vfr) (Entered: 02/18/2025)

DECLARATION of F. Mario Trujillo in Support re: 27 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100. (Attachments: # 1 Exhibit 1. OPM overview, # 2 Exhibit 2. CRS overview of OPM, # 3 Exhibit 3. Feb. 6 Washington Post Article, # 4 Exhibit 4. Jan. 29 NPR Article, # 5 Exhibit 5. Nov. 12 Truth Social Post, # 6 Exhibit 6. Feb. 11 E.O., # 7 Exhibit 7. CRS overview of DOGE, # 8 Exhibit 8. Feb. 4 Washington Post Article, # 9 Exhibit 9. Feb. 5 NY Times Article, # 10 Exhibit 10. Dec. 16 Warren Letter, # 11 Exhibit 11. Feb. 10 Schiff Letter, # 12 Exhibit 12. Feb. 7 Ross Letter, # 13 Exhibit 13. Feb. 5 Bloomberg, # 14 Exhibit 14. Feb. 3 Musk Watch Article, # 15 Exhibit 15. Feb. 2 Reuters Article, # 16 Exhibit 16. Feb. 6 Conversation Article, # 17 Exhibit 17. Feb. 5 NY Times Article, # 18 Exhibit 18. Feb. 5 NBC Article, # 19 Exhibit 19. Feb. 7 AP Article, # 20 Exhibit 20. Feb 6 Ezell Memo, # 21 Exhibit 21. Feb. 7 Hill Article, # 22 Exhibit 22. Feb. 8 Washington Post Article, # 23 Exhibit 23. Feb. 4 Connolly Letter, # 24 Exhibit 24. Feb. 7 Atlantic Article, # 25 Exhibit 25. Feb. 9 Axios Article, # 26 Exhibit 26. Feb. 2 AP Article, # 27 Exhibit 27. OPM Cybersecurity Description, # 28 Exhibit 28. ODNI Case Study, # 29 Exhibit 29. Feb. 7 NY Times Article, # 30 Exhibit 30. Feb. 7 Washington Post Article, # 31 Exhibit 31. Feb. 11 Washington Post Article, # 32 Exhibit 32. Feb. 11 NBC Article, # 33 Exhibit 33. DOGE Website Omitted, # 34 Exhibit 34. Feb. 14 HuffPost Article, # 35 Exhibit 35. Feb. 11 NY Times Article, # 36 Exhibit 36. Feb. 14 404 Media Article, # 37 Exhibit 37. Feb. 12 Reuters Article, # 38 Exhibit 38. House OPM Breach Report, # 39 Exhibit 39. Feb. 11 Giorli Declaration, # 40 Exhibit 40. Feb. 11 Krause Declaration, # 41 Exhibit 41. Feb. 9 Def Emergency Motion, # 42 Exhibit 42. Feb. 5 Transcript).(Trujillo, Frank) (Entered: 02/18/2025)

1 Exhibit 1. OPM overview

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2 Exhibit 2. CRS overview of OPM

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3 Exhibit 3. Feb. 6 Washington Post Article

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4 Exhibit 4. Jan. 29 NPR Article

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5 Exhibit 5. Nov. 12 Truth Social Post

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6 Exhibit 6. Feb. 11 E.O.

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7 Exhibit 7. CRS overview of DOGE

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8 Exhibit 8. Feb. 4 Washington Post Article

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9 Exhibit 9. Feb. 5 NY Times Article

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10 Exhibit 10. Dec. 16 Warren Letter

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11 Exhibit 11. Feb. 10 Schiff Letter

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12 Exhibit 12. Feb. 7 Ross Letter

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13 Exhibit 13. Feb. 5 Bloomberg

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14 Exhibit 14. Feb. 3 Musk Watch Article

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15 Exhibit 15. Feb. 2 Reuters Article

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16 Exhibit 16. Feb. 6 Conversation Article

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17 Exhibit 17. Feb. 5 NY Times Article

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18 Exhibit 18. Feb. 5 NBC Article

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19 Exhibit 19. Feb. 7 AP Article

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20 Exhibit 20. Feb 6 Ezell Memo

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21 Exhibit 21. Feb. 7 Hill Article

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22 Exhibit 22. Feb. 8 Washington Post Article

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23 Exhibit 23. Feb. 4 Connolly Letter

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24 Exhibit 24. Feb. 7 Atlantic Article

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25 Exhibit 25. Feb. 9 Axios Article

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26 Exhibit 26. Feb. 2 AP Article

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27 Exhibit 27. OPM Cybersecurity Description

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28 Exhibit 28. ODNI Case Study

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29 Exhibit 29. Feb. 7 NY Times Article

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30 Exhibit 30. Feb. 7 Washington Post Article

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31 Exhibit 31. Feb. 11 Washington Post Article

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32 Exhibit 32. Feb. 11 NBC Article

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33 Exhibit 33. DOGE Website Omitted

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34 Exhibit 34. Feb. 14 HuffPost Article

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35 Exhibit 35. Feb. 11 NY Times Article

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36 Exhibit 36. Feb. 14 404 Media Article

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37 Exhibit 37. Feb. 12 Reuters Article

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38 Exhibit 38. House OPM Breach Report

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39 Exhibit 39. Feb. 11 Giorli Declaration

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40 Exhibit 40. Feb. 11 Krause Declaration

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41 Exhibit 41. Feb. 9 Def Emergency Motion

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42 Exhibit 42. Feb. 5 Transcript

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NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of U.S. DOGE Temporary Service, Elon Musk, U.S. Office of Personnel Management, Charles Ezell, U.S. DOGE Service, Acting U.S. DOGE Administrator..(Oestericher, Jeffrey) (Entered: 02/19/2025)

MEMORANDUM OF LAW in Opposition re: 27 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by U.S. DOGE Temporary Service, Elon Musk, U.S. Office of Personnel Management, Charles Ezell, U.S. DOGE Service, Acting U.S. DOGE Administrator..(Farber, David) (Entered: 02/19/2025)

DECLARATION of Greg Hogan in Opposition re: 27 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by U.S. DOGE Temporary Service, Elon Musk, U.S. Office of Personnel Management, Charles Ezell, U.S. DOGE Service, Acting U.S. DOGE Administrator..(Farber, David) (Entered: 02/19/2025)

CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Denise L. Cote from Rhett O. Millsaps II dated February 20, 2025. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/20/2025)

ORDER granting 41 Letter Motion for Leave to File Excess Pages. Granted. (Signed by Judge Denise L. Cote on 2/20/2025) (tg) (Entered: 02/21/2025)

ORDER: IT IS HEREBY ORDERED that the Court will hear oral argument on the plaintiffs' motion for a temporary restraining order on Thursday, February 27 at 2:00 p.m. in Courtroom 18B at the United States Courthouse, 500 Pearl Street, New York, New York. ( Oral Argument set for 2/27/2025 at 02:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 2/21/2025) (vfr) (Entered: 02/21/2025)

NOTICE of Supplemental Authority. Document filed by U.S. DOGE Temporary Service, Elon Musk, U.S. Office of Personnel Management, Charles Ezell, U.S. DOGE Service, Acting U.S. DOGE Administrator. (Attachments: # 1 Exhibit EDVA Decision).(Oestericher, Jeffrey) (Entered: 02/23/2025)

1 Exhibit EDVA Decision

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LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Rhett O. Millsaps, Mark P. McKenna, and Christopher J. Sprigman dated February 23, 2025., LETTER MOTION for Discovery addressed to Judge Denise L. Cote from Rhett O. Millsaps, Mark P. McKenna, and Christopher J. Sprigman dated February 23, 2025. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant. (Attachments: # 1 Supplement 25-cv-339 D.D.C. Order).(Millsaps, Rhett) (Entered: 02/23/2025)

LETTER addressed to Judge Denise L. Cote from Rhett O. Millsaps, Mark P. McKenna, and Christopher J. Sprigman dated February 24, 2025 re: TRO issued today in the U.S. District Court for the District of Maryland. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant. (Attachments: # 1 Exhibit A - Memorandum Opinion and Temporary Restraining Order (D. Md.)).(Millsaps, Rhett) (Entered: 02/24/2025)

1 Exhibit A - Memorandum Opinion and Temporary Restraining Order (D. Md.)

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ORDER: On February 11, 2025, the plaintiffs, consisting of unions and current and former federal government employees, filed this action seeking declaratory and injunctive relief against the U.S. Office of Personnel Management ("OPM") and others. On February 14, The plaintiffs filed a motion for a temporary restraining order ("TRO"). Oral argument on that motion was scheduled for February 27. On February 23, the plaintiffs requested that the February 27 conference be adjourned and joined the defendants' request that their motion for a TRO be converted a motion for preliminary injunction. The plaintiffs indicated that they intend to seek expedited discovery and that the defendants intent to move to dismiss the action. On February 24, The Honorable Deborah L. Boardman issued a TRO against OPM. See Am. Fed'n of Teachers, et al. v. Scott Bessent. et al., Case No. 25cv430 (D. Md.), ECF No. 38. Accordingly, it is hereby ORDERED that the parties shall promptly confer regarding a schedule for further proceedings in this action. IT IS FURTHER ORDERED that the parties shall file their proposed schedule(s) for further proceedings by noon on February 25. IT IS FURTHER ORDERED that, should a conference be necessary to resolve any disputes regarding the schedule, a telephone conference will be held on February 25 at 4 p.m., and a subsequent order will provide instructions for accessing the conference. IT IS FURTHER ORDERED that the conference scheduled for February 27 is adjourned sine die. SO ORDERED. (Signed by Judge Denise L. Cote on 2/24/2025) (Telephone Conference set for 2/25/2025 at 04:00 PM in telephone or video conference before Judge Denise L. Cote.) (ar) (Entered: 02/24/2025)

PROPOSED SCHEDULING ORDER. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/25/2025)

ORDER: ORDERED that the plaintiffs shall, as they request, file any motion for expedited discovery by February 27. The defendants shall file any opposition to that motion by March 4. The plaintiffs' reply, if any, shall be filed by March 6. In their briefing, the parties shall address whether any preliminary injunction hearing, in the event one is held, should be consolidated with a trial on the merits. IT IS FURTHER ORDERED that the defendants, as they request, shall file any motion to dismiss by March 14. The plaintiffs shall file any opposition to that motion by March 24. The defendants' reply, if any, shall be filed by March 31. IT IS FURTHER ORDERED that at the time any motion papers are filed, the filing party shall supply Chambers with two (2) courtesy copies by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the telephone conference tentatively scheduled for today is cancelled as unnecessary. (HEREBY ORDERED by Judge Denise L. Cote) (Text Only Order) (jwh) (Entered: 02/25/2025)

FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Add Party(ies) Mark Alan Lemley ., MOTION for Leave to Appear Attorney for Plaintiffs ., MOTION for Mark Alan Lemley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30680979. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO. (Attachments: # 1 Proposed Order Proposed order granting pro haec admission).(Lemley, Mark) Modified on 2/27/2025 (rju). (Entered: 02/26/2025)

1 Proposed Order Proposed order granting pro haec admission

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Notice Regarding Deficient Motion to Appear Pro Hac Vice

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 50 FIRST MOTION to Add Party(ies) Mark Alan Lemley . MOTION for Leave to Appear Attorney for Plaintiffs . MOTION for Mark Alan Lemley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30680979. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California; Affidavit must be labeled as such;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (rju)

MOTION for Discovery . Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 02/27/2025)

MEMORANDUM OF LAW in Support re: 51 MOTION for Discovery . . Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant. (Attachments: # 1 Exhibit 1 - Plaintiffs' Proposed Discovery Requests).(Millsaps, Rhett) (Entered: 02/27/2025)

1 Exhibit 1 - Plaintiffs' Proposed Discovery Requests

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FILING ERROR - PDF ERROR - MOTION for Subodh Chandra to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30692035. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant. (Attachments: # 1 Supplement DECLARATION IN SUPPORT OF MOTION TO ADMIT COUNSEL PRO HAC VICE, # 2 Supplement THE STATE BAR OF CALIFORNIA CERTIFICATE OF STANDING, # 3 Supplement THE SUPREME COURT OF OHIO CERTIFICATE OF GOOD STANDING, # 4 Proposed Order PROPOSED ORDER FOR ADMISSION PRO HAC VICE).(Chandra, Subodh) Modified on 2/28/2025 (bc). (Entered: 02/28/2025)

Notice Regarding Deficient Motion to Appear Pro Hac Vice

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 53 MOTION for Subodh Chandra to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30692035. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bc)

MEMORANDUM OF LAW in Opposition re: 51 MOTION for Discovery . . Document filed by U.S. DOGE Temporary Service, Elon Musk, U.S. Office of Personnel Management, Charles Ezell, U.S. DOGE Service, Acting U.S. DOGE Administrator. (Attachments: # 1 Appendix 2/26/2025 Hearing Transcript - Am. Fed'n of Teachers v. Bessent, 25-cv-430 (D. Md.), # 2 Appendix 2/27/2025 Hearing Transcript - Am. Fed'n of Gov't Emps. v. OPM, 25-cv-1780 (N.D. Ca.)).(Farber, David) (Entered: 03/04/2025)

1 Appendix 2/26/2025 Hearing Transcript - Am. Fed'n of Teachers v. Bessent, 2

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2 Appendix 2/27/2025 Hearing Transcript - Am. Fed'n of Gov't Emps. v. OP

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REPLY MEMORANDUM OF LAW in Support re: 51 MOTION for Discovery . . Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 03/06/2025)

LETTER addressed to Judge Denise L. Cote from Rhett O. Millsaps II dated March 6, 2025 re: Oral argument on Plaintiffs' motion for expedited discovery. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett) (Entered: 03/06/2025)

ORDER granting in part and denying without prejudice in part 51 Motion for Discovery: Accordingly, it is hereby ORDERED that the defendants shall provide to the plaintiffs the administrative record for the actions by OPM at issue in this litigation no later than tomorrow, March 8, 2025. IT IS FURTHER ORDERED that, to the extent further discovery materials relating to those OPM actions are produced in the Maryland Action in connection with the preliminary injunction hearing, those materials shall also be promptly produced to the plaintiffs. IT IS FURTHER ORDERED that the remainder of the plaintiffs' motion for expedited discovery is denied without prejudice to renewal following completion of the preliminary injunction hearing in the Maryland Action. (Signed by Judge Denise L. Cote on 3/7/2025) (jwh) (Entered: 03/07/2025)

Notice Regarding Pro Hac Vice Motion

MOTION for Mark A. Lemley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant. (Attachments: # 1 Affidavit in Support of Motion, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order for admission pro hac vice).(Lemley, Mark) (Entered: 03/12/2025)

1 Affidavit in Support of Motion

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2 Exhibit Certificate of Good Standing

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3 Proposed Order for admission pro hac vice

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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 58 MOTION for Mark A. Lemley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

Order on Motion to Appear Pro Hac Vice

Notice Regarding Pro Hac Vice Motion

ORDER granting 58 Motion for Mark A. Lemley to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh) (Entered: 03/13/2025)

MOTION for Subodh Chandra to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant. (Attachments: # 1 Supplement DECLARATION IN SUPPORT OF MOTION TO ADMIT COUNSEL PRO HAC VICE, # 2 Exhibit THE SUPREME COURT OF CALIFORNIA CERTIFICATE OF STANDING, # 3 Exhibit THE SUPREME COURT OF OHIO CERTIFICATE OF GOOD STANDING, # 4 Proposed Order PROPOSED ORDER FOR ADMISSION PRO HAC VICE).(Chandra, Subodh) (Entered: 03/13/2025)

1 Supplement DECLARATION IN SUPPORT OF MOTION TO ADMIT COUNSEL PRO HAC VICE

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2 Exhibit THE SUPREME COURT OF CALIFORNIA CERTIFICATE OF STANDING

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3 Exhibit THE SUPREME COURT OF OHIO CERTIFICATE OF GOOD STANDING

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4 Proposed Order PROPOSED ORDER FOR ADMISSION PRO HAC VICE

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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 60 MOTION for Subodh Chandra to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

MOTION to Dismiss . Document filed by U.S. DOGE Temporary Service, Elon Musk, U.S. Office of Personnel Management, Charles Ezell, U.S. DOGE Service, Acting U.S. DOGE Administrator. Responses due by 3/24/2025.(Farber, David) (Entered: 03/14/2025)

Order on Motion to Appear Pro Hac Vice