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

Clearinghouse coding complete

Case Summary

This lawsuit challenges Elon Musk’s role in the second Trump administration, asserting that he performed significant governmental duties without official nomination by the President or confirmation by the Senate. On February 13, 2025, fourteen states—New Mexico, Arizona, Michigan, California, Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Rhode Island, Vermont, and Washington—represented by their respective attorneys general, filed this lawsuit in the U.S. District Cou…

This lawsuit challenges Elon Musk’s role in the second Trump administration, asserting that he performed significant governmental duties without official nomination by the President or confirmation by the Senate. On February 13, 2025, fourteen states—New Mexico, Arizona, Michigan, California, Connecticut, Hawaii, 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 acted as a principal officer, and therefore, his actions in the administration without Senate confirmation violated the Appointments Clause and exceeded statutory authority. The case was assigned to District Judge Tanya Chutkan.

On January 20, 2025, President Trump issued Executive Order No. 14158, 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 authority across the Executive Branch, including directing federal employees, accessing classified systems, terminating personnel, halting government contracts, and dismantling federal agencies. The plaintiffs alleged these actions were ultra vires, exceeding Musk’s lawful authority and violating constitutional and statutory law. They argued Musk exercised more power than any non-president in modern history without being appointed or confirmed as an officer of the United States, thereby circumventing constitutional requirements, disrupting congressional oversight, and undermining separation of powers. The plaintiffs further asserted that Musk and DOGE’s unauthorized actions threatened state sovereignty by jeopardizing federal-state partnerships, disrupting funding for essential programs, and creating uncertainty in federally funded state initiatives.

Represented by private counsel, the plaintiffs sought declaratory and injunctive relief to restore constitutional governance and halt further unauthorized exercises of executive power. 

 On February 18, 2025, Judge Chutken 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 Chutkan granted in part and denied in part the plaintiffs’ motion for expedited discovery, allowing written discovery from Elon Musk, DOGE, and the U.S. DOGE Temporary Organization. Discovery was limited to information about agencies, employees, contracts, grants, and federal funding directly involving the plaintiff states, excluding President Trump. The court also modified the language of one interrogatory to focus on directives rather than recommendations. Defendants were ordered to produce requested documents and respond to interrogatories within 21 days, and their request to stay discovery was denied. Judge Chutkan further 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 resolution.

However, on March 18, 2025, the U.S. Department of Justice, on behalf of Musk, DOGE, the U.S. DOGE Temporary Organization, and President Trump, filed a petition for a writ of mandamus in the U.S. Court of Appeals for the D.C. Circuit challenging the March 12 discovery order. The petition argued that the order violated separation-of-powers principles, improperly subjected White House officials to discovery, and was overly broad. Citing Cheney v. U.S. District Court for D.C., the government asserted that discovery against the Office of the President should be reserved for exceptional circumstances and contended that the district court failed to consider alternative resolutions. The petition sought to have the appellate court quash the discovery order and stay proceedings pending resolution.  

Back in the district court, on March 20, 2025, Judge Chutkan consolidated this case with Japanese American Citizens League v. Musk (1:25-cv-00643), directing all filings to proceed under the lead case number. Several public interest plaintiffs—including the Japanese American Citizens League, Sierra Club, and Union of Concerned Scientists—sought to intervene and filed motions to proceed under pseudonyms and for expedited discovery, with briefing continuing through late March.

On March 26, 2025, the D.C. Circuit in In re Musk, No. 25-5072. 2025 WL 926608, granted an emergency stay, and Judge Chutkan accordingly stayed the March 12 discovery order and vacated a scheduled status hearing. This stay effectively paused discovery and related proceedings during the pendency of the mandamus petition.

Then, on May 6, 2025, the defendants filed a motion to dismiss, arguing lack of jurisdiction and requesting dismissal of the Japanese American Citizens League plaintiffs’ complaint. On May 27, 2025, Judge Chutkan denied in part and granted in part the motion to dismiss. The court found the plaintiffs had adequately alleged that Musk and DOGE qualified as “officers of the United States” under the Appointments Clause and that their actions could plausibly amount to significant executive power beyond that permissible for a special government employee. The court also held that the plaintiffs sufficiently alleged concrete and ongoing injuries supporting their standing to sue. However, the court dismissed President Trump from the lawsuit based on longstanding precedent barring injunctive relief against a sitting President for official actions.  On June 6, 2025, the plaintiff states filed a motion in the district court to vacate the March 12 discovery order, explaining that they no longer planned to file a motion for preliminary relief, which was the basis for the expedited discovery.  Citing the appellate court's stay, the district court, on June 10, 2025, held that it lacked authority to vacate the order, and therefore deferred resolution of the motion pending further action from the appellate court.  Thereafter, on June 16, 2025, filed a motion to govern further proceedings in the appellate court. 

On July 11, 2025, the D.C. Circuit denied the mandamus petition challenging the discovery order, returned the case to the district court, and lifted the stay that had paused discovery since March 26. As a result, Judge Chutkan’s March 12 order authorizing written discovery against Musk and DOGE is now fully in effect, and the plaintiff states may resume efforts to obtain information concerning agencies, employees, contracts, grants, and federal funding involving the defendants. 

The case remains ongoing in the district court. 

Summary Authors

Karma Karira (5/7/2025)

Victoria Tan (7/28/2025)

Related Cases

Japanese American Citizens League v. Musk, District of District of Columbia (2025)

People

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


Judge(s)
Attorney for Plaintiff

Appel, Rachel (District of Columbia)

Attorney for Defendant
Expert/Monitor/Master/Other

Attorney, Gerard Joseph

Attorney, Joshua Dos

Attorney, Mark Reiling

Attorney, Eric Dean

show all people

Documents in the Clearinghouse

Document
93

1:25-cv-00429

Memorandum Opinion

May 27, 2025

May 27, 2025

Order/Opinion

784 F.Supp.3d 174

103

1:25-cv-00429

Opinion & Order

June 10, 2025

June 10, 2025

Order/Opinion

2025 WL 1650393

Resources

Docket

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

Last updated Oct. 15, 2025, 3:23 a.m.

ECF Number Description Date Link Date / Link
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

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2 Exhibit Proposed Order

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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
68

NOTICE of Appearance by Christopher M. Lynch on behalf of All Defendants (Lynch, Christopher) (Entered: 03/20/2025)

March 20, 2025

March 20, 2025

RECAP

.Order

March 20, 2025

March 20, 2025

PACER

MINUTE ORDER: Upon consideration of the parties' 66 Joint Status Report, the court will consolidate cases 25-cv-429 and 25-cv-643, pursuant to Federal Rule of Civil Procedure 42(a). All filings and papers related to the consolidated cases shall be filed in the lead case: 25-cv-429. It is further ORDERED that the parties shall NOT "spread the text" when filing documents in the lead cases. Signed by Judge Tanya S. Chutkan on 3/20/2025. (lccc)

March 20, 2025

March 20, 2025

PACER

Cases Consolidated: The following cases have been consolidated with this case: 25-cv-00643-TSC, pursuant to 03/20/2025 Minute Order. From this date forward, all pleadings shall be filed ONLY in this case. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zjm)

March 20, 2025

March 20, 2025

PACER
69

SEALED MOTION to Proceed Under Pseudonym by JAPANESE AMERICAN CITIZENS LEAGUE, OCA- Asian Pacific American Advocates, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Attachments: # 1 Text of Proposed Order)(Spiva, Bruce) Modified docket text on 3/25/2025 (zdp). (Entered: 03/21/2025)

1 Text of Proposed Order

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March 21, 2025

March 21, 2025

RECAP
70

REPLY to opposition to motion re 45 MOTION for Discovery (Expedited Discovery) filed by JAPANESE AMERICAN CITIZENS LEAGUE, OCA- Asian Pacific American Advocates, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Attachments: # 1 Declaration Ex. A- Declaration of J. Doe 1)(Spiva, Bruce) Modified docket text on 3/25/2025 (zdp). (Entered: 03/21/2025)

1 Declaration Ex. A- Declaration of J. Doe 1

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March 21, 2025

March 21, 2025

RECAP

Remark- Consolidation

March 21, 2025

March 21, 2025

PACER
71

NOTICE of Amended Filing by JAPANESE AMERICAN CITIZENS LEAGUE, OCA- Asian Pacific American Advocates, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS (Spiva, Bruce) (Entered: 03/22/2025)

March 22, 2025

March 22, 2025

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72

Amended SEALED MOTION to Proceed Under Pseudonym by JAPANESE AMERICAN CITIZENS LEAGUE, OCA- Asian Pacific American Advocates, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Spiva, Bruce) Modified docket text on 3/25/2025 (zdp). (Entered: 03/22/2025)

1 Declaration

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2 Text of Proposed Order

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March 22, 2025

March 22, 2025

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73

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kathryn Huddleston, Filing fee $ 100, receipt number ADCDC-11563266. Fee Status: Fee Paid. by JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Spiva, Bruce) (Entered: 03/24/2025)

1 Declaration

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2 Certificate of Good Standing

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March 24, 2025

March 24, 2025

RECAP

MINUTE ORDER: The parties are hereby ORDERED to appear for a status hearing on March 27th, 2025 at 11:00AM 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 3/24/2025. (zcll)

March 24, 2025

March 24, 2025

PACER

.Order AND ~Util - Set/Reset Hearings

March 24, 2025

March 24, 2025

PACER
74

NOTICE of Appearance by Rachel Appel on behalf of JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS (Appel, Rachel) (Entered: 03/25/2025)

March 25, 2025

March 25, 2025

RECAP
75

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DOGE TEMPORARY SERVICE ORGANIZATION served on 2/25/2025 (Samant, Anjana) (Entered: 03/26/2025)

March 26, 2025

March 26, 2025

RECAP
76

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 3/17/2025 (Samant, Anjana) (Entered: 03/26/2025)

March 26, 2025

March 26, 2025

RECAP
78

ORDER of USCA In re: Elon Musk, in his official capacity, et al.. USCA Case Number 25-5072. (zjm) (Entered: 03/28/2025)

March 26, 2025

March 26, 2025

RECAP

.Order AND ~Util - Set/Reset Hearings

March 26, 2025

March 26, 2025

PACER

MINUTE ORDER: In light of D.C. Circuit's Order in In re Musk et al., No. 25-5072, it is hereby ORDERED that the court's 61 Order is STAYED. It is further ORDERED that the status hearing set for March 27, 2025 is VACATED. Signed by Judge Tanya S. Chutkan on 3/26/2025. (lccc)

March 26, 2025

March 26, 2025

PACER
77

NOTICE of Appearance by Kathryn Lynn Huddleston on behalf of JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS (Huddleston, Kathryn) (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

RECAP

MINUTE ORDER: GRANTING 73 Motion for Leave to Appear Pro Hac Vice. Kathryn Huddleston is hereby admitted pro hac vice to represent Plaintiffs Japanese American Citizens League, OCA - Asian Pacific American Advocates, Sierra Club, Union of Concerned Citizens 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 3/27/2025. (lccc)

March 27, 2025

March 27, 2025

PACER
79

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniel S. Lenz, Filing fee $ 100, receipt number ADCDC-11578054. Fee Status: Fee Paid. by JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Spiva, Bruce) (Entered: 03/31/2025)

1 Declaration

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2 Certificate of Good Standing

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March 31, 2025

March 31, 2025

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80

NOTICE OF SUPPLEMENTAL AUTHORITY by ELON R. MUSK, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION, DONALD J. TRUMP (Attachments: # 1 Exhibit A)(Siler, Jacob) (Entered: 03/31/2025)

1 Exhibit A

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March 31, 2025

March 31, 2025

RECAP
81

NOTICE of Appearance by Robert Brent Ferguson on behalf of JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS (Ferguson, Robert) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

RECAP
82

NOTICE of Appearance by Kate Hamilton on behalf of JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS (Hamilton, Kate) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
83

Joint MOTION and Stipulation to Vacate Current Deadlines and Briefing Schedule for Filing Preliminary Injunction Motion re 36 Order, Set Deadlines by STATE OF ARIZONA. (Attachments: # 1 Text of Proposed Order Proposed Order)(Bendor, Joshua) Modified on 4/8/2025 to correct relief (zjm). (Entered: 04/08/2025)

1 Text of Proposed Order Proposed Order

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April 8, 2025

April 8, 2025

RECAP

MINUTE ORDER: GRANTING 79 Motion for Leave to Appear Pro Hac Vice. Daniel S. Lenz is hereby admitted pro hac vice to represent Plaintiffs Japanese American Citizens League, OCA - Asian Pacific American Advocates, Sierra Club, Union of Concerned Citizens 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 4/9/2025. (lccc)

April 9, 2025

April 9, 2025

PACER

MINUTE ORDER: GRANTING 83 Joint Motion and Stipulation to Vacate Deadlines and Briefing Schedule. It is hereby ORDERED that the briefing schedule for Plaintiffs' motion for a preliminary injunction in the court's 36 Order is VACATED. Signed by Judge Tanya S. Chutkan on 4/9/2025. (lccc)

April 9, 2025

April 9, 2025

PACER
84

NOTICE of Appearance by Daniel Spector Lenz on behalf of JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS (Lenz, Daniel) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

RECAP
85

NOTICE of Appearance by Garry Daniel Hartlieb on behalf of All Defendants (Hartlieb, Garry) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
86

NOTICE Regarding Japanese American Citizens League Plaintiffs' Motion for Expedited Discovery by JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS (Attachments: # 1 Exhibit Ex. A)(Spiva, Bruce) (Entered: 04/29/2025)

1 Exhibit Ex. A

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April 29, 2025

April 29, 2025

RECAP
87

MOTION Relief from Local Civil Rule 7(n) by ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION. (Attachments: # 1 Text of Proposed Order)(Gardner, Joshua) (Entered: 05/02/2025)

1 Text of Proposed Order

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May 2, 2025

May 2, 2025

RECAP
88

NOTICE OF WITHDRAWAL OF APPEARANCE as to JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. Attorney Kathryn Lynn Huddleston terminated. (Huddleston, Kathryn) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

PACER
89

RESPONSE re 87 MOTION Relief from Local Civil Rule 7(n) filed by JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Spiva, Bruce) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

RECAP
90

MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss JACL Plaintiffs' Complaint by ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION. (Attachments: (1) Text of Proposed Order)(Lynch, Christopher)

1 Text of Proposed Order

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May 6, 2025

May 6, 2025

Clearinghouse
91

REPLY to opposition to motion re 87 Motion for Miscellaneous Relief filed by ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION. (Gardner, Joshua) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

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92

MOTION for Extension of Time to File Response/Reply as to (90 in 1:25-cv-00429-TSC) MOTION to Dismiss for Lack of Jurisdiction by JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. Associated Cases: 1:25-cv-00429-TSC, 1:25-cv-00643-TSC(Spiva, Bruce) (Entered: 05/08/2025)

May 8, 2025

May 8, 2025

RECAP

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

May 12, 2025

May 12, 2025

PACER

MINUTE ORDER: GRANTING 92 Consent Motion for Extension of Time. Plaintiffs' response to Defendants' 90 Motion to Dismiss is due by May 28, 2025. Defendants' reply is due by June 12, 2025. Signed by Judge Tanya S. Chutkan on 5/12/2025. (zcll)

May 12, 2025

May 12, 2025

PACER
93

MEMORANDUM OPINION re: Defendants' 58 Motion to Dismiss. Signed by Judge Tanya S. Chutkan on 5/27/2025. (lccc) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

Clearinghouse
94

ORDER GRANTING in part and DENYING in part Defendants' 58 Motion to Dismiss. See Order for further details. Signed by Judge Tanya S. Chutkan on 5/27/2025. (lccc) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

Clearinghouse
95

Consent MOTION for Leave to File Amicus Brief in Opposition to Defendants' Motion to Dismiss JACL Plaintiffs' Complaint by CONSTITUTIONAL ACCOUNTABILITY CENTER. (Attachments: # 1 Proposed Amicus Brief, # 2 Text of Proposed Order)(Gorod, Brianne) (Entered: 05/28/2025)

1 Proposed Amicus Brief

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2 Text of Proposed Order

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May 28, 2025

May 28, 2025

PACER
96

NOTICE of Appearance by Miriam Becker-Cohen on behalf of CONSTITUTIONAL ACCOUNTABILITY CENTER (Becker-Cohen, Miriam) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
97

RESPONSE re 90 MOTION to Dismiss for Lack of Jurisdiction filed by JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Attachments: # 1 Exhibit A- Kenworthy Declaration, # 2 Exhibit B- J. Doe 2 Declaration, # 3 Exhibit C- J. Doe 3 Declaration, # 4 Exhibit D- Ozaki Declaration, # 5 Exhibit E- J. Doe 4 Declaration, # 6 Exhibit F- J. Doe 5 Declaration, # 7 Exhibit G- J. Doe 6 Declaration, # 8 Exhibit H- McIntosh Declaration)(Spiva, Bruce) (Entered: 05/28/2025)

1 Exhibit A- Kenworthy Declaration

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2 Exhibit B- J. Doe 2 Declaration

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3 Exhibit C- J. Doe 3 Declaration

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4 Exhibit D- Ozaki Declaration

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5 Exhibit E- J. Doe 4 Declaration

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6 Exhibit F- J. Doe 5 Declaration

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7 Exhibit G- J. Doe 6 Declaration

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8 Exhibit H- McIntosh Declaration

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May 28, 2025

May 28, 2025

RECAP
98

Second MOTION for Leave to Identify Plaintiffs' Declarants by Pseudonym by JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Spiva, Bruce) (Entered: 05/28/2025)

May 28, 2025

May 28, 2025

PACER
99

NOTICE OF WITHDRAWAL OF APPEARANCE as to ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION. Attorney Joshua Edward Gardner terminated. (Gardner, Joshua) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

RECAP

MINUTE ORDER: DENYING 95 Consent Motion for Leave to File Amicus Brief. 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 5/29/2025. (lccc)

May 29, 2025

May 29, 2025

PACER
100

MOTION for Extension of Time to File Answer re 2 Complaint,, by ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION. (Attachments: # 1 Text of Proposed Order)(Lynch, Christopher) (Entered: 06/06/2025)

1 Text of Proposed Order

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June 6, 2025

June 6, 2025

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101

MOTION to Vacate 61 Order on Motion for Discovery by STATE OF NEW MEXICO. (Perfrement, Steven) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

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102

RESPONSE re 101 MOTION to Vacate 61 Order on Motion for Discovery filed by ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION. (Lynch, Christopher) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

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103

OPINION & ORDER deferring ruling on 101 Plaintiffs' Motion to Vacate. See Opinion & Order for details. Signed by Judge Tanya S. Chutkan on 6/10/2025. (lccc)

June 10, 2025

June 10, 2025

Clearinghouse

MINUTE ORDER: GRANTING 100 Defendants' Motion for Extension of Time to File Answer. Defendants shall file their answer to Plaintiffs' 2 Complaint within 14 days of the court's ruling on Defendants' 90 Motion to Dismiss Plaintiffs' Complaint in Japanese American Citizens League v. Musk, No. 25-cv-643. Signed by Judge Tanya S. Chutkan on 6/10/2025. (lccc)

June 10, 2025

June 10, 2025

PACER
104

REPLY to opposition to motion re 90 Motion to Dismiss/Lack of Jurisdiction, filed by ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION. (Lynch, Christopher) (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

RECAP
105

NOTICE OF SUPPLEMENTAL AUTHORITY by ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION (Wen, James) (Entered: 06/24/2025)

June 24, 2025

June 24, 2025

RECAP
106

NOTICE of Appearance by Tara Malloy on behalf of JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS (Malloy, Tara) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

PACER
107

RESPONSE re 105 NOTICE OF SUPPLEMENTAL AUTHORITY filed by JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Spiva, Bruce) (Entered: 06/26/2025)

June 26, 2025

June 26, 2025

RECAP
108

NOTICE OF SUPPLEMENTAL AUTHORITY by ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION (Lynch, Christopher) (Entered: 09/03/2025)

Sept. 3, 2025

Sept. 3, 2025

RECAP
109

RESPONSE re [108] NOTICE OF SUPPLEMENTAL AUTHORITY filed by JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Spiva, Bruce)

Sept. 8, 2025

Sept. 8, 2025

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

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)

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

Causes of Action:

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

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

Constitutional Clause(s):

Separation of Powers

Appointments Clause

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

Presidential/Gubernatorial Authority:

DOGE (Department of Government Efficiency)