Case: New Mexico v. Musk

1:25-cv-00429 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 13, 2025

Case Ongoing

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Case Summary

This lawsuit challenged Elon Musk's role in the second Trump administration, given that Musk has performed significant governmental duties despite not being officially nominated by the President or confirmed by the Senate. On February 13, 2025, fourteen states--New Mexico, Arizona, Michigan, California, Connecticut, Hawai'i, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Vermont, and Washington-- represented by their respective Attorneys General, filed this lawsuit in the U.S. District Court for the District of Columbia against Musk, his "Department of Governmental Efficiency" ("DOGE"), and Donald Trump. They alleged that Musk was acting as a Principal Officer, and therefore his actions in the administration thus far, without having been confirmed by the Senate, violated the Appointments Clause and exceed statutory authority.

On January 20, 2025, President Trump issued Executive Order No. 14,158, creating DOGE and its temporary subsidiary, the U.S. DOGE Service Temporary Organization. According to the complaint, Musk—designated a "Special Government Employee"—was granted sweeping access across the Executive Branch, directing federal employees, accessing classified systems, terminating personnel, halting government contracts, and even dismantling entire federal agencies. The Plaintiffs claimed that these actions constituted ultra vires conduct (i.e., beyond legal authority) and violated constitutional and statutory law. They argued that Musk, in his role, exercised more power than any non-President in modern history, despite never being appointed or confirmed as an officer of the United States. Plaintiffs asserted that these actions violated the Appointments Clause of the U.S. Constitution (Article II, Section 2, Clause 2), which mandates that principal officers of the United States must be nominated by the President and confirmed by the Senate. By allowing Musk to exercise unchecked authority over federal agencies without undergoing this constitutional process, Plaintiffs contended that the Executive Order effectively circumvented congressional oversight and disrupted the separation of powers. Additionally, they claimed that Musk and DOGE had acted ultra vires by exercising powers not authorized by any statute, as no law granted DOGE or Musk the ability to terminate personnel, reallocate government funds, or dismantle agencies. Plaintiffs further argued that these actions pose a direct threat to state sovereignty, as they jeopardized federal-state partnerships, disrupted funding for essential programs, and introduced uncertainty into the administration of federally funded state initiatives. The Complaint sought declaratory and injunctive relief to restore constitutional governance and prevent further unauthorized executive power exercises.

The case was assigned to District Judge Tanya Chutken. On Feb. 18, 2025, she declined to grant a temporary restraining order, explaining:

Plaintiffs have not adequately linked Defendants’ actions to imminent harm to Plaintiff States in particular. . . . That said, Plaintiffs raise a colorable Appointments Clause claim with serious implications. Musk has not been nominated by the President nor confirmed by the U.S. Senate, as constitutionally required for officers who exercise “significant authority pursuant to the laws of the United States.” Bypassing this “significant structural safeguard[] of the constitutional scheme,” Musk has rapidly taken steps to fundamentally reshape the Executive Branch. Even Defendants concede there is no apparent “source of legal authority granting [DOGE] the power” to take some of the actions challenged here. Accepting Plaintiffs’ allegations as true, Defendants’ actions are thus precisely the “Executive abuses” that the Appointments Clause seeks to prevent. But even a strong merits argument cannot secure a temporary restraining order at this juncture. . . . [The Court] cannot issue a TRO, especially one as wide-ranging as Plaintiffs request, without clear evidence of imminent, irreparable harm to these Plaintiffs. The current record does not meet that standard.

On March 12, 2025, Judge Tanya Chutkan granted in part and denied in part the Plaintiffs’ Motion for Expedited Discovery, allowing them to seek written discovery from Elon Musk, DOGE, and the U.S. DOGE Temporary Organization. The court limited the discovery to information about agencies, employees, contracts, grants, and federal funding that directly involve the Plaintiff States, excluding President Trump from discovery requests. Additionally, the court modified the language of one of the Plaintiffs' interrogatories, clarifying that inquiries should focus on directives rather than recommendations. Defendants were ordered to produce the requested documents and respond to interrogatories within 21 days, and their request to stay discovery was denied. Judge Chutkan also ruled that the Plaintiffs’ forthcoming motion for a preliminary injunction would be consolidated with a hearing on the merits under Federal Rule of Civil Procedure 65(a)(2), expediting the case’s resolution.

On March 18, 2025, the U.S. Department of Justice, on behalf of Elon Musk, the U.S. DOGE Service (DOGE), the U.S. DOGE Temporary Organization, and President Donald Trump, filed a Petition for a Writ of Mandamus in the U.S. Court of Appeals for the D.C. Circuit. The petition challenges the March 12, 2025 discovery order issued by the U.S. District Court for the District of Columbia, arguing that the order violates separation-of-powers principles, improperly subjects White House officials to discovery, and is overly broad. The government cited Cheney v. U.S. District Court for D.C., asserting that discovery against the Office of the President should be reserved for exceptional circumstances and that the lower court failed to consider alternative resolutions before authorizing intrusive discovery. The petition requests that the appellate court quash the discovery order and stay the proceedings pending resolution of the petition.

This case is ongoing.

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Summary Authors

Karma Karira (2/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69638651/parties/new-mexico-state-of-v-musk/

Attorney for Plaintiff

Appel, Rachel (District of Columbia)

Barr, Daniel Clayton (District of Columbia)

Bendor, Joshua (District of Columbia)

Buxton, Maria Florence (District of Columbia)

Carrete, Astrid (District of Columbia)

Attorney for Defendant

Attorney for Plaintiff

Appel, Rachel (District of Columbia)

Barr, Daniel Clayton (District of Columbia)

Bendor, Joshua (District of Columbia)

Buxton, Maria Florence (District of Columbia)

Carrete, Astrid (District of Columbia)

Cedrone, Gerard J. (District of Columbia)

Day, David Dana (District of Columbia)

Downs, Carolyn (District of Columbia)

Endres, Kelsey (District of Columbia)

Evans, Jason (District of Columbia)

Ferguson, Robert Brent (District of Columbia)

Fernandes, Kalikoonalani Diara (District of Columbia)

Grayson, James (District of Columbia)

Green, Nicholas Reiss (District of Columbia)

Grunberg, Emma (District of Columbia)

Hamilton, Kate (District of Columbia)

Holzman, Timothy James (District of Columbia)

Huddleston, Kathryn Lynn (District of Columbia)

Kane, Ryan (District of Columbia)

Katz, Joshua (District of Columbia)

Kidd, Jeff (District of Columbia)

Kirschner, Adam (District of Columbia)

Lenz, Daniel Spector (District of Columbia)

Marshall, Brian Simmonds (District of Columbia)

Potchen, Joseph E (District of Columbia)

Samant, Anjana (District of Columbia)

Simard-Halm, Malina (District of Columbia)

Spiva, Bruce Van (District of Columbia)

Stern, Heidi Parry (District of Columbia)

Attorney for Defendant

Gardner, Joshua Edward (District of Columbia)

Graver, Harry (District of Columbia)

Lynch, Christopher M. (District of Columbia)

Siler, Jacob Stephen (District of Columbia)

Wen, James (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
2 1:25-cv-00429	Complaint for Declaratory and Injunctive Relief	Feb. 13, 2025	Feb. 13, 2025 Complaint
6 1:25-cv-00429	Plaintiff States' Motion for a Temporary Restraining Order	Feb. 14, 2025	Feb. 14, 2025 Pleading / Motion / Brief
20 1:25-cv-00429	Defendants' Response to Plaintiffs' Revised Proposed Temporary Restraining Order	Feb. 15, 2025	Feb. 15, 2025 Pleading / Motion / Brief
20 1:25-cv-00429	Defendants’ Response to Plaintiffs’ Revised Proposed Temporary Restraining Order	Feb. 15, 2025	Feb. 15, 2025 Pleading / Motion / Brief
24 1:25-cv-00429	Notice	Feb. 17, 2025	Feb. 17, 2025 Other
21 1:25-cv-00429	Reply in Support of Motion for Temporary Restraining Order	Feb. 17, 2025	Feb. 17, 2025 Pleading / Motion / Brief
29 1:25-cv-00429	Memorandum Opinion and Order State of New Mexico v. Musk	Feb. 18, 2025	Feb. 18, 2025 Order/Opinion 2025 WL 520583
67 1:25-cv-00429	Reply Memorandum in Support of Defendants’ Motion to Dismiss	March 19, 2025	March 19, 2025 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
EO 14158 - Establishing and Implementing the President's "Department of Government Efficiency" President Donald Trump	Establishing the Department of Government Efficiency to implement the President's DOGE Agenda, by modernizing Federal technology and software to maximize governmental efficiency and productivity.	Jan. 20, 2025	Jan. 20, 2025 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69638651/new-mexico-state-of-v-musk/

Last updated April 21, 2025, 3:47 p.m.

ECF Number	Description	Date	Link Date / Link
1	CIVIL COVER SHEET filed by STATE OF NEW MEXICO et al.(Samant, Anjana) Modified filer on 2/14/2025 (znmw). (Entered: 02/13/2025)	Feb. 13, 2025	Feb. 13, 2025 RECAP
2	COMPLAINT For Declaratory and Injunctive Relief against All Defendants Elon Musk, in his official capacity; US DOGE Service; US DOGE Service Temporary Organization; Donald J. Trump, in his official capacity as President of the United States ( Filing fee $ 405 receipt number ADCDC-11479630) filed by STATE OF NEW MEXICO. (Attachments: # 1 Declaration Chapman-C, # 2 Declaration Padilla, # 3 Declaration Nair, # 4 Declaration Gilliam, # 5 Declaration Chang, # 6 Declaration Henderon, # 7 Declaration Brunelli, # 8 Declaration Bush-Koleszar, # 9 Declaration Clinton)(Samant, Anjana) (Entered: 02/13/2025) 1 Declaration Chapman-C View on RECAP 2 Declaration Padilla View on RECAP 3 Declaration Nair View on RECAP 4 Declaration Gilliam View on RECAP 5 Declaration Chang View on RECAP 6 Declaration Henderon View on RECAP 7 Declaration Brunelli View on RECAP 8 Declaration Bush-Koleszar View on RECAP 9 Declaration Clinton View on RECAP	Feb. 13, 2025	Feb. 13, 2025 Clearinghouse
3	NOTICE of Appearance by Gerard J. Cedrone on behalf of MASSACHUSETTS (Cedrone, Gerard) (Entered: 02/13/2025)	Feb. 13, 2025	Feb. 13, 2025 RECAP
4	REQUEST FOR SUMMONS TO ISSUE to each Defendant filed by NEW MEXICO, STATE OF. (Attachments: # 1 Summons Request to Issue to Defendant ELON MUSK, # 2 Summons Request to Issue to Defendant US DOGE SERVICE, # 3 Summons Request to Issue to Defendant US DOGE SERVICE TEMPORARY ORGANIZATION, # 4 Summons Request to Issue to Defendant PRESIDENT DONALD J. TRUMP)(Samant, Anjana) (Entered: 02/13/2025) 1 Summons Request to Issue to Defendant ELON MUSK View on RECAP 2 Summons Request to Issue to Defendant US DOGE SERVICE View on RECAP 3 Summons Request to Issue to Defendant US DOGE SERVICE TEMPORARY ORGANIZATION View on RECAP 4 Summons Request to Issue to Defendant PRESIDENT DONALD J. TRUMP View on RECAP	Feb. 13, 2025	Feb. 13, 2025 RECAP
5	NOTICE of Appearance by Anjana Samant on behalf of NEW MEXICO, STATE OF (Samant, Anjana) (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 RECAP
	.Order AND ~Util - Set/Reset Hearings	Feb. 14, 2025	Feb. 14, 2025 PACER
	.Order AND ~Util - Set/Reset Deadlines	Feb. 14, 2025	Feb. 14, 2025 PACER
	NOTICE OF NEW CASE ERROR regarding 1 Cover Sheet. The following error(s) need correction: Incomplete civil cover sheet - missing attorney signature. Please file the Civil Cover Sheet (JS44) form at www.dcd.uscourts.gov/new-case-forms using the event Civil Cover Sheet. Form filed as fillable PDF. Please file form in a non-fillable PDF format. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (znmw)	Feb. 14, 2025	Feb. 14, 2025 PACER
	Case Assigned/Reassigned	Feb. 14, 2025	Feb. 14, 2025 PACER
6	Emergency MOTION for Temporary Restraining Order by STATE OF NEW MEXICO. (Attachments: # 1 Declaration Counsel's certificate of Notice to Defendants, # 2 Exhibit of Chapman-See, # 3 Exhibit of Padilla, # 4 Exhibit of Nair, # 5 Exhibit of Gilliam, # 6 Exhibit of Chang, # 7 Exhibit of Henderson, # 8 Exhibit of Brunelli, # 9 Exhibit of Bush-Koleszar, # 10 Exhibit of Clinton, # 11 Exhibit of Propst, # 12 Exhibit of Beckham, # 13 Text of Proposed Order)(Samant, Anjana) (Entered: 02/14/2025) 1 Declaration Counsel's certificate of Notice to Defendants View on RECAP 2 Exhibit of Chapman-See View on RECAP 3 Exhibit of Padilla View on RECAP 4 Exhibit of Nair View on RECAP 5 Exhibit of Gilliam View on RECAP 6 Exhibit of Chang View on RECAP 7 Exhibit of Henderson View on RECAP 8 Exhibit of Brunelli View on RECAP 9 Exhibit of Bush-Koleszar View on RECAP 10 Exhibit of Clinton View on RECAP 11 Exhibit of Propst View on RECAP 12 Exhibit of Beckham View on RECAP 13 Text of Proposed Order View on RECAP	Feb. 14, 2025	Feb. 14, 2025 Clearinghouse
	Notice of Error- New Case	Feb. 14, 2025	Feb. 14, 2025 PACER
7	CIVIL COVER SHEET CORRECTED by STATE OF NEW MEXICO filed by STATE OF NEW MEXICO.(Samant, Anjana) (Main Document 7 replaced on 2/14/2025) (znmw). (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 RECAP
8	NOTICE of Appearance by Joshua Edward Gardner on behalf of All Defendants (Gardner, Joshua) (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 RECAP
	Case Assigned to Judge Tanya S. Chutkan. (znmw)	Feb. 14, 2025	Feb. 14, 2025 PACER
9	SUMMONS (4) Issued Electronically as to All Defendants (Attachments: # 1 Notice and Consent)(znmw) (Entered: 02/14/2025) 1 Notice and Consent View on RECAP	Feb. 14, 2025	Feb. 14, 2025 RECAP
	NOTICE OF NEW CASE ERROR regarding 4 Request for Summons to Issue,. 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. (znmw)	Feb. 14, 2025	Feb. 14, 2025 PACER
10	ERRATA by STATE OF NEW MEXICO re 2 Complaint,,. (Attachments: # 1 Exhibit [CORRECTED] Complaint)(Samant, Anjana) (Entered: 02/14/2025) 1 Exhibit [CORRECTED] Complaint View on RECAP	Feb. 14, 2025	Feb. 14, 2025 RECAP
11	NOTICE of Appearance by Timothy James Holzman on behalf of STATE OF CONNECTICUT (Holzman, Timothy) (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 RECAP
12	REQUEST FOR SUMMONS TO ISSUE to all Defendants filed by STATE OF NEW MEXICO. (Attachments: # 1 Summons to Def Musk, # 2 Summons to Def Pres. Trump, # 3 Summons to US DOGE Service, # 4 Summons to US DOGE Service Temp Org, # 5 Summons to All Defendants via US Attorney's Office, # 6 Summons to All Defendants via US Attorney General, DOJ)(Samant, Anjana) (Entered: 02/14/2025) 1 Summons to Def Musk View on RECAP 2 Summons to Def Pres. Trump View on RECAP 3 Summons to US DOGE Service View on RECAP 4 Summons to US DOGE Service Temp Org View on RECAP 5 Summons to All Defendants via US Attorney's Office View on RECAP 6 Summons to All Defendants via US Attorney General, DOJ View on RECAP	Feb. 14, 2025	Feb. 14, 2025 RECAP
	MINUTE ORDER: The parties are hereby ORDERED to appear for a hearing on February 14, 2025 at 4:00 PM in Courtroom 9 In Person or VTC via Zoom before Judge Tanya S. Chutkan. The parties should be prepared to answer factual questions and set an expedited briefing schedule on Plaintiffs' 6 Motion for a Temporary Restraining Order. The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 483633106). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Tanya S. Chutkan on 2/14/2025. (lccc)	Feb. 14, 2025	Feb. 14, 2025 PACER
	MINUTE ORDER: The parties are hereby ORDERED to appear for a hearing on February 14, 2025 at 4:00 PM in Courtroom 9 In Person or VTC via Zoom before Judge Tanya S. Chutkan. The parties should be prepared to answer factual questions and set an expedited briefing schedule on Plaintiffs' 6 Motion for a Temporary Restraining Order. The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 493633106). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Tanya S. Chutkan on 2/14/2025. (lccc) Modified on 2/14/2025 to correct public line (zcll).	Feb. 14, 2025	Feb. 14, 2025 PACER
13	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth Kramer, Filing fee $ 100, receipt number ADCDC-11481952. Fee Status: Fee Paid. by STATE OF NEW MEXICO. (Attachments: # 1 Declaration for PHV-E Kramer, # 2 Exhibit Certificate of Good Stand-E Kramer)(Samant, Anjana) (Entered: 02/14/2025) 1 Declaration for PHV-E Kramer View on RECAP 2 Exhibit Certificate of Good Stand-E Kramer View on RECAP	Feb. 14, 2025	Feb. 14, 2025 RECAP
14	NOTICE of Appearance by Jeff Kidd on behalf of STATE OF RHODE ISLAND (Kidd, Jeff) (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 RECAP
15	NOTICE of Appearance by Joshua Bendor on behalf of STATE OF ARIZONA (Bendor, Joshua) (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 RECAP
16	NOTICE of Appearance by Ryan Kane on behalf of STATE OF VERMONT (Kane, Ryan) (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 RECAP
17	NOTICE of Appearance by Adam Kirschner on behalf of STATE OF MARYLAND (Kirschner, Adam) (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 RECAP
	MINUTE ORDER: As stated in the motions hearing today, Plaintiffs are hereby ORDERED to file a revised proposed order for the 6 Emergency Motion for Temporary Restraining Order by 5:00 PM on February 15, 2025. Signed by Judge Tanya S. Chutkan on 2/14/2025. (lccc)	Feb. 14, 2025	Feb. 14, 2025 PACER
18	NOTICE of Appearance by Brian Simmonds Marshall on behalf of STATE OF OREGON (Marshall, Brian) (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 RECAP
	Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 2/14/2025 re 6 Emergency MOTION for Temporary Restraining Order filed by STATE OF NEW MEXICO. Court Reporter Christine Asif. (ztl)	Feb. 14, 2025	Feb. 14, 2025 PACER
19	NOTICE of Proposed Order by STATE OF NEW MEXICO (Attachments: # 1 Text of Proposed Order pursuant to Court's 2/14/2025 Minute Order, # 2 Supplement Notice in support or Proposed TRO)(Samant, Anjana) (Entered: 02/15/2025) 1 Text of Proposed Order pursuant to Court's 2/14/2025 Minute Order View on RECAP 2 Supplement Notice in support or Proposed TRO View on RECAP	Feb. 15, 2025	Feb. 15, 2025 RECAP
20	RESPONSE re 19 Notice of Proposed Order filed by ELON MUSK, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION, DONALD J. TRUMP. (Gardner, Joshua) (Entered: 02/15/2025)	Feb. 15, 2025	Feb. 15, 2025 Clearinghouse
	MINUTE ORDER: The parties are hereby ORDERED to appear for a hearing on February 17, 2025 at 11:00 AM ET by Telephonic/VTC via Zoom before Judge Tanya S. Chutkan.	Feb. 16, 2025	Feb. 16, 2025 PACER
	MINUTE ORDER: The parties are hereby ORDERED to appear for a hearing on February 17, 2025 at 11:00 AM ET by Telephonic/VTC via Zoom before Judge Tanya S. Chutkan. The court will provide access for the public to telephonically attend the hearing. The hearing can be accessed by dialing the Toll Free Number: 833-990-9400 (Meeting ID: 493633106). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the presiding Judge. Signed by Judge Tanya S. Chutkan on 2/16/2025. (lccc)	Feb. 16, 2025	Feb. 16, 2025 PACER
	.Order AND ~Util - Set/Reset Hearings	Feb. 16, 2025	Feb. 16, 2025 PACER
21	REPLY to opposition to motion re 6 Motion for TRO,, filed by STATE OF NEW MEXICO. (Samant, Anjana) (Entered: 02/17/2025)	Feb. 17, 2025	Feb. 17, 2025 Clearinghouse
	Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 2/17/2025 re 6 Emergency MOTION for Temporary Restraining Order filed by STATE OF NEW MEXICO. The Court takes the motion under advisement. Ruling forthcoming. (Court Reporter Bryan Wayne.) (zcll)	Feb. 17, 2025	Feb. 17, 2025 PACER
22	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph E. Potchen, (State of Michigan) Filing fee $ 100, receipt number ADCDC-11483992. Fee Status: Fee Paid. by STATE OF NEW MEXICO. (Attachments: # 1 Declaration for PHV-E Potchen, # 2 Exhibit Certificate of Good Stand-E Kramer)(Samant, Anjana) (Entered: 02/17/2025) 1 Declaration for PHV-E Potchen View on RECAP 2 Exhibit Certificate of Good Stand-E Kramer View on RECAP	Feb. 17, 2025	Feb. 17, 2025 RECAP
23	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jason Evans, (State of Michigan) Filing fee $ 100, receipt number ADCDC-11484057. Fee Status: Fee Paid. by STATE OF NEW MEXICO. (Attachments: # 1 Declaration for PHV-J Evans, # 2 Exhibit COGS-J Evans)(Samant, Anjana) (Entered: 02/17/2025) 1 Declaration for PHV-J Evans View on RECAP 2 Exhibit COGS-J Evans View on RECAP	Feb. 17, 2025	Feb. 17, 2025 RECAP
24	NOTICE by ELON MUSK, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION, DONALD J. TRUMP re Motion Hearing, (Attachments: # 1 Declaration Declaration of Joshua Fisher)(Gardner, Joshua) (Entered: 02/17/2025) 1 Declaration Declaration of Joshua Fisher View on RECAP	Feb. 17, 2025	Feb. 17, 2025 Clearinghouse
25	NOTICE of Appearance by James Grayson on behalf of STATE OF NEW MEXICO (Grayson, James) (Entered: 02/18/2025)	Feb. 18, 2025	Feb. 18, 2025 RECAP
	Motion Hearing	Feb. 18, 2025	Feb. 18, 2025 PACER
	Minute Entry for proceedings held before Judge Tanya S. Chutkan: Motion Hearing held on 2/14/2025 re 6 Emergency MOTION for Temporary Restraining Order filed by STATE OF NEW MEXICO. Court Reporter Christine Asif. (ztl)	Feb. 18, 2025	Feb. 18, 2025 PACER
26	ENTERED IN ERROR.....MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kelsey Endres, (State of Washington) Filing fee $ 100, receipt number ADCDC-11485836. Fee Status: Fee Paid. by STATE OF NEW MEXICO. (Attachments: # 1 Declaration for PVH-K Endres, # 2 Exhibit COGS-K Endres)(Samant, Anjana) Modified on 2/19/2025 (zjm). (Entered: 02/18/2025) 1 Declaration for PVH-K Endres View on RECAP 2 Exhibit COGS-K Endres View on RECAP	Feb. 18, 2025	Feb. 18, 2025 RECAP
27	TRANSCRIPT OF TRO MOTION HEARING before Judge Tanya S. Chutkan held on February 17, 2025; Page Numbers: 1-36. Date of Issuance: 2/18/2025. Court Reporter: Bryan A. Wayne. 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 3/11/2025. Redacted Transcript Deadline set for 3/21/2025. Release of Transcript Restriction set for 5/19/2025.(Wayne, Bryan) (Entered: 02/18/2025)	Feb. 18, 2025	Feb. 18, 2025 PACER
28	NOTICE of Appearance by Nicholas Reiss Green on behalf of STATE OF CALIFORNIA (Green, Nicholas) (Entered: 02/18/2025)	Feb. 18, 2025	Feb. 18, 2025 RECAP
29	MEMORANDUM OPINION AND ORDER: DENYING 6 Plaintiffs' Emergency Motion for Temporary Restraining Order. Signed by Judge Tanya S. Chutkan on 2/18/2025. (lccc) (Entered: 02/18/2025)	Feb. 18, 2025	Feb. 18, 2025 Clearinghouse
	MINUTE ORDER: GRANTING 23 Motion for Leave to Appear Pro Hac Vice. Jason Evans is hereby admitted pro hac vice to represent Plaintiff State of Michigan in this matter. 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 Tanya S. Chutkan on 2/18/2025. (lccc)	Feb. 18, 2025	Feb. 18, 2025 PACER
	VACATED pursuant to MINUTE ORDER ENTERED ON 2/19/2025.....MINUTE ORDER: GRANTING 23 Motion for Leave to Appear Pro Hac Vice. Jason Evans is hereby admitted pro hac vice to represent Plaintiff State of Michigan in this matter. 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 Tanya S. Chutkan on 2/18/2025. (lccc) Modified on 2/19/2025 to vacate MO(zcll).	Feb. 18, 2025	Feb. 18, 2025 PACER
	MINUTE ORDER: GRANTING 26 Motion for Leave to Appear Pro Hac Vice. Kelsey Endres is hereby admitted pro hac vice to represent Plaintiff State of Washington in this matter. 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 Tanya S. Chutkan on 2/18/2025. (lccc)	Feb. 18, 2025	Feb. 18, 2025 PACER
	VACATED pursuant to MINUTE ORDER ENTERED ON 2/19/2025.....MINUTE ORDER: GRANTING 26 Motion for Leave to Appear Pro Hac Vice. Kelsey Endres is hereby admitted pro hac vice to represent Plaintiff State of Washington in this matter. 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 Tanya S. Chutkan on 2/18/2025. (lccc) Modified on 2/19/2025 to vacate MO(zcll).	Feb. 18, 2025	Feb. 18, 2025 PACER
	MINUTE ORDER: GRANTING 13 Motion for Leave to Appear Pro Hac Vice. Elizabeth Kramer is hereby admitted pro hac vice to represent Plaintiff State of Minnesota in this matter. 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 Tanya S. Chutkan on 2/18/2025. (lccc)	Feb. 18, 2025	Feb. 18, 2025 PACER
	VACATED pursuant to MINUTE ORDER ENTERED ON 2/19/2025.....MINUTE ORDER: GRANTING 13 Motion for Leave to Appear Pro Hac Vice. Elizabeth Kramer is hereby admitted pro hac vice to represent Plaintiff State of Minnesota in this matter. 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 Tanya S. Chutkan on 2/18/2025. (lccc) Modified on 2/19/2025 to vacate MO (zcll).	Feb. 18, 2025	Feb. 18, 2025 PACER
	VACATED pursuant to MINUTE ORDER ENTERED ON 2/19/2025.....MINUTE ORDER: GRANTING 22 Motion for Leave to Appear Pro Hac Vice. Joseph Potchen is hereby admitted pro hac vice to represent Plaintiff People of the State of Michigan in this matter. 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 Tanya S. Chutkan on 2/18/2025. (lccc) Modified on 2/19/2025 to vacate MO (zcll).	Feb. 18, 2025	Feb. 18, 2025 PACER
30	ENTERED IN ERROR.....NOTICE of Appearance by Elizabeth C Kramer on behalf of STATE OF MINNESOTA (Kramer, Elizabeth) Modified on 2/19/2025 (zjm). (Entered: 02/19/2025)	Feb. 19, 2025	Feb. 19, 2025 RECAP
	.Order	Feb. 19, 2025	Feb. 19, 2025 PACER
	MINUTE ORDER: The Minute Orders granting 13, 22, 23, and 26 Motions for Leave to Appear Pro Hac Vice are hereby VACATED. Pursuant to Local Civil Rule 83.2(e)(2), an attorney seeking to appear pro hac vice must file a motion signed by a sponsoring member of the Bar of this Court. Attorneys solely permitted to appear pursuant to Local Civil Rule 83.2(g) cannot sponsor pro hac vice motions. Counsel may seek to appear in compliance with Local Civil Rule 83.2(e) or (g). Signed by Judge Tanya S. Chutkan on 2/19/2025. (lccc)	Feb. 19, 2025	Feb. 19, 2025 PACER
	NOTICE OF ERROR regarding 22 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph E. Potchen, (State of Michigan) Filing fee $ 100, receipt number ADCDC-11483992. Fee Status: Fee Paid., 23 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jason Evans, (State of Michigan) Filing fee $ 100, receipt number ADCDC-11484057. Fee Status: Fee Paid., 26 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kelsey Endres, (State of Washington) Filing fee $ 100, receipt number ADCDC-11485836. Fee Status: Fee Paid., 13 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Elizabeth Kramer, Filing fee $ 100, receipt number ADCDC-11481952. Fee Status: Fee Paid.. The following error(s) need correction: Pursuant to Minute Order filed 02/19/2025 - Please refile. (zjm)	Feb. 19, 2025	Feb. 19, 2025 PACER
	NOTICE OF ERROR regarding 30 Notice of Appearance. The following error(s) need correction: Pursuant to Minute Order filed 02/19/2025 - Please refile. (zjm)	Feb. 19, 2025	Feb. 19, 2025 PACER
31	ENTERED IN ERROR.....NOTICE of Appearance by Kelsey Endres on behalf of STATE OF WASHINGTON (Endres, Kelsey) Modified on 2/20/2025 (zjm). (Entered: 02/19/2025)	Feb. 19, 2025	Feb. 19, 2025 RECAP
32	PROPOSED BRIEFING SCHEDULE From Plaintiffs and Defendants by STATE OF NEW MEXICO. (Samant, Anjana) (Entered: 02/19/2025)	Feb. 19, 2025	Feb. 19, 2025 RECAP
33	NOTICE of Appearance by Jason Evans on behalf of PEOPLE OF THE STATE OF MICHIGAN (Evans, Jason) (Entered: 02/20/2025)	Feb. 20, 2025	Feb. 20, 2025 RECAP
34	NOTICE of Appearance by Joseph E Potchen on behalf of PEOPLE OF THE STATE OF MICHIGAN (Potchen, Joseph) (Entered: 02/20/2025)	Feb. 20, 2025	Feb. 20, 2025 RECAP
	NOTICE OF ERROR regarding 31 Notice of Appearance. The following error(s) need correction: Pursuant to Minute Order filed 02/19/2025 - Please refile. (zjm)	Feb. 20, 2025	Feb. 20, 2025 PACER
35	SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjm) (Entered: 02/20/2025) 1 Notice and Consent View on RECAP	Feb. 20, 2025	Feb. 20, 2025 RECAP
36	ORDER re briefing schedule for motion for expedited discovery, motion to dismiss, and motion for preliminary injunction. See text of order for details. Signed by Judge Tanya S. Chutkan on 2/20/2025. (lccc) (Entered: 02/20/2025)	Feb. 20, 2025	Feb. 20, 2025 RECAP
37	ENTERED IN ERROR.....NOTICE of Appearance by Kelsey Endres on behalf of STATE OF WASHINGTON (Endres, Kelsey) Modified on 2/21/2025 (zjm). (Entered: 02/20/2025)	Feb. 20, 2025	Feb. 20, 2025 RECAP
38	NOTICE of Appearance by Heidi Parry Stern on behalf of STATE OF NEVADA (Stern, Heidi) (Entered: 02/20/2025)	Feb. 20, 2025	Feb. 20, 2025 RECAP
39	ENTERED IN ERROR.....NOTICE of Appearance by Elizabeth C Kramer on behalf of STATE OF MINNESOTA (Kramer, Elizabeth) Modified on 2/21/2025 (zjm). (Entered: 02/21/2025)	Feb. 21, 2025	Feb. 21, 2025 RECAP
40	NOTICE of Appearance by Kalikoonalani Diara Fernandes on behalf of STATE OF HAWAII (Fernandes, Kalikoonalani) (Entered: 02/21/2025)	Feb. 21, 2025	Feb. 21, 2025 RECAP
41	NOTICE of Appearance by David Dana Day on behalf of STATE OF HAWAII (Day, David) (Entered: 02/21/2025)	Feb. 21, 2025	Feb. 21, 2025 RECAP
42	NOTICE of Appearance by Harry Graver on behalf of All Defendants (Graver, Harry) (Entered: 02/21/2025)	Feb. 21, 2025	Feb. 21, 2025 RECAP
43	NOTICE of Appearance by Daniel Clayton Barr on behalf of STATE OF ARIZONA (Barr, Daniel) (Entered: 02/21/2025)	Feb. 21, 2025	Feb. 21, 2025 RECAP
44	NOTICE of Appearance by Malina Simard-Halm on behalf of STATE OF NEW MEXICO (Simard-Halm, Malina) (Entered: 02/21/2025)	Feb. 21, 2025	Feb. 21, 2025 RECAP
	NOTICE OF ERROR regarding 37 Notice of Appearance. The following error(s) need correction: Pursuant to Minute Order filed 02/19/2025 (zjm)	Feb. 21, 2025	Feb. 21, 2025 PACER
	NOTICE OF ERROR regarding 39 Notice of Appearance. The following error(s) need correction: Pursuant to Minute Order filed 02/19/2025 (zjm)	Feb. 21, 2025	Feb. 21, 2025 PACER
45	MOTION for Discovery (Expedited Discovery) by STATE OF ARIZONA. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Bendor, Joshua) (Entered: 02/24/2025) 1 Exhibit View on RECAP 2 Text of Proposed Order View on RECAP	Feb. 24, 2025	Feb. 24, 2025 RECAP
46	LEAVE TO FILE DENIED- CODY R. HART & DERRILL J. FUSSELL This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "LEAVE TO FILE DENIED. Courts have wide discretion in deciding whether to grant a third party leave to file an amicus brief. Amicus participation is only for the benefit of the court. Accordingly, it is solely within the courts discretion to determine the fact, extent, and manner of participation. At this time, the court does not find that third-party submissions will help the court. " Signed by Judge Tanya S. Chutkan on 02/24/2025. (zjm) (Entered: 02/25/2025)	Feb. 24, 2025	Feb. 24, 2025 PACER
47	NOTICE of Appearance by Jacob Stephen Siler on behalf of All Defendants (Siler, Jacob) (Entered: 02/28/2025)	Feb. 28, 2025	Feb. 28, 2025 RECAP
48	Memorandum in opposition to re 45 Motion for Discovery filed by ELON MUSK, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION, DONALD J. TRUMP. (Attachments: # 1 Text of Proposed Order)(Siler, Jacob) (Entered: 02/28/2025) 1 Text of Proposed Order View on RECAP	Feb. 28, 2025	Feb. 28, 2025 RECAP
49	TRANSCRIPT OF PROCEEDINGS before Judge Tanya S. Chutkan held on 2/14/25; Page Numbers: 1-58. Date of Issuance:3/3/25. Court Reporter Christine T. Asif, Telephone number 202-354-3247, 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 3/24/2025. Redacted Transcript Deadline set for 4/3/2025. Release of Transcript Restriction set for 6/1/2025.(Asif, Christine) (Entered: 03/03/2025)	March 3, 2025	March 3, 2025 PACER
50	NOTICE of Appearance by Kelsey Endres on behalf of STATE OF WASHINGTON (Endres, Kelsey) (Entered: 03/03/2025)	March 3, 2025	March 3, 2025 RECAP
51	REPLY to opposition to motion re 45 Motion for Discovery Plaintiff States' Reply in Support of Their Motion for Expedited Discovery filed by STATE OF ARIZONA. (Bendor, Joshua) (Entered: 03/03/2025)	March 3, 2025	March 3, 2025 RECAP
52	NOTICE of Appearance by James Wen on behalf of All Defendants (Wen, James) (Entered: 03/04/2025)	March 4, 2025	March 4, 2025 RECAP
53	NOTICE of Appearance by Emma Grunberg on behalf of STATE OF WASHINGTON (Grunberg, Emma) (Entered: 03/04/2025)	March 4, 2025	March 4, 2025 RECAP
54	NOTICE Plaintiff States' Supplemental Notice in Support of Motion for Expedited Discovery by STATE OF ARIZONA re 51 Reply to opposition to Motion, 45 Motion for Discovery (Bendor, Joshua) (Entered: 03/05/2025)	March 5, 2025	March 5, 2025 RECAP
55	NOTICE of Appearance by Astrid Carrete on behalf of STATE OF NEW MEXICO (Carrete, Astrid) (Entered: 03/07/2025)	March 7, 2025	March 7, 2025 PACER
56	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02-25-2025. (Samant, Anjana) (Entered: 03/07/2025)	March 7, 2025	March 7, 2025 RECAP
57	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/25/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/26/2025. (Samant, Anjana) (Entered: 03/07/2025)	March 7, 2025	March 7, 2025 RECAP
58	MOTION to Dismiss by ELON MUSK, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION, DONALD J. TRUMP. (Attachments: # 1 Text of Proposed Order)(Gardner, Joshua) (Entered: 03/07/2025) 1 Text of Proposed Order View on RECAP	March 7, 2025	March 7, 2025 RECAP
59	NOTICE of Appearance by Joshua Katz on behalf of STATE OF ARIZONA (Katz, Joshua) (Entered: 03/10/2025)	March 10, 2025	March 10, 2025 PACER
60	MEMORANDUM OPINION re: Plaintiffs' 45 Motion for Expedited Discovery. Signed by Judge Tanya S. Chutkan on 3/12/2025. (lccc) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 RECAP
61	ORDER GRANTING in part and DENYING in part Plaintiffs' 45 Motion for Expedited Discovery. See Order for details. Signed by Judge Tanya S. Chutkan on 3/12/2025. (lccc) (Entered: 03/12/2025)	March 12, 2025	March 12, 2025 RECAP
65	LEAVE TO FILE DENIED- JUDON WITHAM - Motion. This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. LEAVE TO FILE DENIED. Movant has not made a showing that he satisfies the requirements to intervene as of right under Fed. R. Civ. P. 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. The Court will not exercise its discretion to grant permissive intervention under Rule 24(b)(1). Courts have wide discretion in deciding whether to grant a third party leave to file an amicus brief. Amicus participation is only for the benefit of the court. Accordingly, it is solely within the court's discretion to determine the fact, extent, and manner of participation. At this time, the court does not find that third-party submissions will help the court." Signed by Judge Tanya S. Chutkan on 3/13/2025. (zjm) (Entered: 03/17/2025)	March 13, 2025	March 13, 2025 PACER
62	NOTICE of Appearance by Carolyn Downs on behalf of STATE OF CALIFORNIA (Downs, Carolyn) (Main Document 62 replaced on 3/16/2025) (zjm). (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
63	NOTICE of Appearance by Maria Florence Buxton on behalf of STATE OF CALIFORNIA (Buxton, Maria) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 PACER
64	Memorandum in opposition to re 58 Motion to Dismiss Plaintiff States' Complaint filed by STATE OF NEW MEXICO. (Samant, Anjana) (Entered: 03/14/2025)	March 14, 2025	March 14, 2025 RECAP
	MINUTE ORDER: In light of the common issues of law and fact, the court is considering consolidating this action and Japanese American Citizens League, et al. v. Musk et al., No. 25-cv-643, under Federal Rule of Civil Procedure 42(a). By 5:00 PM tomorrow, March 18, 2025, the parties shall meet and confer and file a Joint Status Report providing (1) their positions on consolidation and (2) the effect of consolidation on existing deadlines and further proceedings. The joint status report shall be accompanied by a proposed order. Signed by Judge Tanya S. Chutkan on 3/17/2025. (lccc)	March 17, 2025	March 17, 2025 PACER
	.Order AND ~Util - Set/Reset Deadlines	March 17, 2025	March 17, 2025 PACER
66	Joint STATUS REPORT by STATE OF ARIZONA. (Attachments: # 1 Exhibit Proposed Order, # 2 Exhibit Proposed Order)(Bendor, Joshua) (Entered: 03/18/2025) 1 Exhibit Proposed Order View on RECAP 2 Exhibit Proposed Order View on RECAP	March 18, 2025	March 18, 2025 RECAP
67	REPLY to opposition to motion re 58 Motion to Dismiss filed by ELON MUSK, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION, DONALD J. TRUMP. (Siler, Jacob) (Entered: 03/19/2025)	March 19, 2025	March 19, 2025 Clearinghouse

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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. 13, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Fourteen state governments (New Mexico, Arizona, Michigan, California, Connecticut, Hawai’i, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Vermont, Washington), were represented collectively through their Attorneys General, but they have not filed as representatives of a broader class.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of Government Efficiency (- United States (national) -), Federal

United States of America (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details