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 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.

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. The case was assigned to District Judge Tanya Chutkan.

 On February 18, 2025, Judge Chutkan 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." 769 F.Supp.3d 1. 

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. 770 F.Supp.3d 192. 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.

On May 6, 2025, the defendants filed a motion to dismiss the Japanese American Citizens League (JACL) plaintiffs' complaint, arguing lack of jurisdiction. On May 27, 2025, Judge Chutkan denied in part and granted in part the defendants' earlier motion to dismiss the State plaintiffs' complaint. 784 F.Supp.3d 174. 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. 2025 WL 1650393. 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. 

Litigation regarding the JACL plaintiffs' complaint continued. In September 2025, the defendants filed a notice of supplemental authority, citing recent Supreme Court and D.C. Circuit decisions—including 145 S. Ct. 966, 2025 WL 2415669, and 2025 WL 2371608—to argue that the court lacked subject-matter jurisdiction over claims related to contract or grant terminations. The JACL plaintiffs responded, distinguishing their claims as arising from the Constitution and federal statutes rather than contract rights. 

On November 24, 2025, the court ordered the parties to file a joint status report by December 3, 2025, indicating their positions on whether the case still presents a live controversy. The court granted an extension, and as of December 2025, the joint status report was due December 15, 2025.

Summary Authors

Karma Karira (5/7/2025)

Victoria Tan (7/28/2025)

Clay Canady (11/21/2025)

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

Documents in the Clearinghouse

Documents in this case
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 Aug. 23, 2026, 4:06 a.m.

Docket for: STATE OF NEW MEXICO v. MUSK
ECF Number Date Description Link
62 March 14, 2025

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)

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63 March 14, 2025

NOTICE of Appearance by Maria Florence Buxton on behalf of STATE OF CALIFORNIA (Buxton, Maria) (Entered: 03/14/2025)

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64 March 14, 2025

Memorandum in opposition to re 58 Motion to Dismiss Plaintiff States' Complaint filed by STATE OF NEW MEXICO. (Samant, Anjana) (Entered: 03/14/2025)

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March 17, 2025

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

.Order AND ~Util - Set/Reset Deadlines

66 March 18, 2025

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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67 March 19, 2025

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)

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68 March 20, 2025

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

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March 20, 2025

.Order

March 20, 2025

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

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)

69 March 21, 2025

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)

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70 March 21, 2025

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

Remark- Consolidation

71 March 22, 2025

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)

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72 March 22, 2025

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)

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73 March 24, 2025

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)

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March 24, 2025

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

.Order AND ~Util - Set/Reset Hearings

74 March 25, 2025

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)

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75 March 26, 2025

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)

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76 March 26, 2025

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

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78 March 26, 2025

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

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March 26, 2025

.Order AND ~Util - Set/Reset Hearings

March 26, 2025

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)

77 March 27, 2025

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)

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March 27, 2025

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)

79 March 31, 2025

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)

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2 Certificate of Good Standing

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80 March 31, 2025

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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81 April 7, 2025

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)

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82 April 7, 2025

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)

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83 April 8, 2025

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 9, 2025

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

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)

84 April 10, 2025

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)

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85 April 18, 2025

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

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86 April 29, 2025

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)

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87 May 2, 2025

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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88 May 5, 2025

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)

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89 May 5, 2025

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)

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90 May 6, 2025

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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91 May 7, 2025

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)

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92 May 8, 2025

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)

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May 12, 2025

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

May 12, 2025

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)

93 May 27, 2025

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

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94 May 27, 2025

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)

Clearinghouse
95 May 28, 2025

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)

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96 May 28, 2025

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

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97 May 28, 2025

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)

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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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98 May 28, 2025

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)

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99 May 29, 2025

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)

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May 29, 2025

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)

100 June 6, 2025

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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101 June 6, 2025

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

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102 June 10, 2025

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)

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103 June 10, 2025

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)

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June 10, 2025

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)

104 June 12, 2025

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)

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105 June 24, 2025

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)

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106 June 25, 2025

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)

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107 June 26, 2025

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)

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108 Sept. 3, 2025

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)

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109 Sept. 8, 2025

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)

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110 Oct. 23, 2025

NOTICE OF WITHDRAWAL OF APPEARANCE as to STATE OF NEW MEXICO. Attorney Malina Simard-Halm terminated. (Samant, Anjana) (Entered: 10/23/2025)

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111 Oct. 23, 2025

NOTICE OF WITHDRAWAL OF APPEARANCE as to STATE OF NEW MEXICO. Attorney Astrid Carrete terminated. (Samant, Anjana) (Entered: 10/23/2025)

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112 Oct. 24, 2025

NOTICE OF WITHDRAWAL OF APPEARANCE as to STATE OF NEW MEXICO. Attorney Malina Simard-Halm terminated. (Simard-Halm, Malina)

RECAP
113 Oct. 24, 2025

NOTICE OF WITHDRAWAL OF APPEARANCE as to STATE OF NEW MEXICO. Attorney Astrid Carrete terminated. (Carrete, Astrid)

RECAP
Oct. 24, 2025

NOTICE OF ERROR regarding 111 Notice of Withdrawal of Appearance, 110 Notice of Withdrawal of Appearance. The following error(s) need correction: Invalid attorney signature- signature on document must match PACER login. Please refile. (zjm)

Nov. 24, 2025

MINUTE ORDER: The parties shall meet and confer, and submit a Joint Status Report by December 3, 2025, indicating each party's position on whether this case still presents a live controversy for the court's resolution. Signed by Judge Tanya S. Chutkan on 11/24/2025. (lcjb)

Nov. 24, 2025

Set/Reset Deadlines: Joint Status Report due by 12/3/2025. (zcll)

Nov. 24, 2025

.Order

114 Dec. 1, 2025

Consent MOTION for Extension of Time to File Joint Status Report by JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Attachments: (1) Text of Proposed Order)(Spiva, Bruce)

1 Text of Proposed Order

View on PACER

RECAP
Dec. 1, 2025

Set/Reset Deadlines: Joint Status Report due by 12/3/2025. (zcll)

Dec. 1, 2025

MINUTE ORDER: The Japanese American Citizens League's 114 Consent Motion for an Extension of Time is GRANTED. The parties shall file their Joint Status Report by 12/15/2025. Signed by Judge Tanya S. Chutkan on 12/1/2025. (lcjb)

Dec. 1, 2025

Set/Reset Deadlines

Dec. 1, 2025

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

115 Dec. 15, 2025

Joint STATUS REPORT by ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION. (Lynch, Christopher) (Entered: 12/15/2025)

RECAP
116 Dec. 15, 2025

NOTICE of Voluntary Dismissal by PEOPLE OF THE STATE OF MICHIGAN, STATE OF ARIZONA, STATE OF CALIFORNIA, STATE OF CONNECTICUT, STATE OF HAWAII, STATE OF MARYLAND, STATE OF MASSACHUSETTS, STATE OF MINNESOTA, STATE OF NEVADA, STATE OF NEW MEXICO, STATE OF OREGON, STATE OF RHODE ISLAND, STATE OF VERMONT, STATE OF WASHINGTON (Bendor, Joshua) (Entered: 12/15/2025)

RECAP
Dec. 17, 2025

MINUTE ORDER: State Plaintiffs' 101 Motion to Vacate Order Allowing Limited Expedited Discovery is GRANTED. The court's 61 Order is hereby VACATED. In light of State Plaintiffs' 116 Notice of Voluntary Dismissal, State Plaintiffs' 2 Complaint is dismissed without prejudice and Case No. 25-cv-429 is closed. In light of the parties' 115 Joint Status Report, Defendants are directed to submit declarations or affidavits regarding the status of Case No. 25-cv-643 by 1/7/2026; Defendants may also submit a supplemental brief regarding mootness. JACL Plaintiffs shall file any response by 1/16/2026. Signed by Judge Tanya S. Chutkan on 12/17/2025. (lcjb)

Dec. 17, 2025

Order on Motion to Vacate AND Set/Reset Deadlines

117 Jan. 7, 2026

SUPPLEMENTAL MEMORANDUM to re Order on Motion to Vacate,,, Set/Reset Deadlines,, 90 MOTION to Dismiss for Lack of Jurisdiction filed by ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION. (Attachments: # 1 Declaration of Amy Gleason)(Lynch, Christopher) (Entered: 01/07/2026)

1 Declaration of Amy Gleason

View on RECAP

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118 Jan. 16, 2026

RESPONSE to Defendants' Supplemental Memorandum Regarding Mootness filed by JAPANESE AMERICAN CITIZENS LEAGUE, OCA - ASIAN PACIFIC AMERICAN ADVOCATES, SIERRA CLUB, UNION OF CONCERNED SCIENTISTS. (Spiva, Bruce) (Entered: 01/16/2026)

RECAP
119 March 23, 2026

MEMORANDUM OPINION re: Defendants' 87 Motion for Relief; Defendants' 90 Motion to Dismiss; Plaintiffs' 69, 72, and 98 Motions for Leave to Identify Declarants by Pseudonym; and Plaintiffs' Motion for Expedited Discovery, which is docketed as ECF No. 11 on Case No. 25-cv-643. Signed by Judge Tanya S. Chutkan on 3/26/2026. (lcjb) (Entered: 03/23/2026)

RECAP
120 March 23, 2026

ORDER: Defendants' 87 Motion for Relief is GRANTED; Defendants' 90 Motion to Dismiss is GRANTED in part and DENIED in part; Plaintiffs' 98 Second Motion for Leave to Identify Declarants by Pseudonym is GRANTED; Plaintiffs' Motion for Expedited Discovery, which is docketed at ECF No. 11 on Case No. 25-cv-643, is DENIED without prejudice; and Plaintiffs' 69 and 72 Motions for Leave to Identify Declarants by Pseudonym are DENIED AS MOOT. Signed by Judge Tanya S. Chutkan on 3/23/2026. (lcjb) (Entered: 03/23/2026)

RECAP
121 March 30, 2026

Consent MOTION for Extension of Time to File Answer to 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) (Entered: 03/30/2026)

1 Text of Proposed Order

View on PACER

RECAP
March 31, 2026

MINUTE ORDER: Defendants' 121 Consent Motion for Extension of Time to Answer is GRANTED. Defendants shall answer remaining Plaintiffs' Complaint by 5/4/2026.Signed by Judge Tanya S. Chutkan on 3/31/2026. (lcjb)

March 31, 2026

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

122 May 4, 2026

ANSWER to Complaint Answer to JACL Plaintiffs' Complaint by ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION.(Lynch, Christopher) (Entered: 05/04/2026)

RECAP
123 May 5, 2026

NOTICE OF WITHDRAWAL OF APPEARANCE as to ELON R. MUSK, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE TEMPORARY SERVICE ORGANIZATION. Attorney Garry Daniel Hartlieb terminated. Associated Cases: 1:25-cv-00429-TSC, 1:25-cv-00643-TSC(Hartlieb, Garry) (Entered: 05/05/2026)

RECAP
May 5, 2026

MINUTE ORDER: Before the court in this case are a Complaint and an Answer. On or before 5/26/2026, the parties shall meet and confer and file a joint status report, pursuant to Rule 26(f) of the Federal Rules of Civil Procedure and Local Civil Rule 16.3. The report shall include a proposed Scheduling Order in a format similar to the sample Scheduling Order found on Judge Chutkan's court webpage, along with any proposed changes which shall be highlighted. When proposing deadlines, the parties shall avoid proposing a schedule that contains submission of simultaneous dispositive cross-motions. In addition to the requirements under the Federal and Local Rules, the parties' report shall contain a succinct summary of the case and the statutory basis for all remaining causes of action and defense. The parties are also encouraged to participate in the court's Mediation Program. If they choose to do so, or prefer to pursue mediation with a Magistrate Judge, the parties shall file a joint motion captioned Joint Motion for Mediation. Signed by Judge Tanya S. Chutkan on 5/5/2026. (lcjb)

May 5, 2026

.Order AND ~Util - Set/Reset Deadlines

124 May 26, 2026

MEET AND CONFER STATEMENT. (Attachments: # 1 Proposed Scheduling Order)(Spiva, Bruce) (Entered: 05/26/2026)

1 Proposed Scheduling Order

View on PACER

RECAP
125 June 1, 2026

SCHEDULING ORDER: See Order for further details. Signed by Judge Tanya S. Chutkan on 6/1/2026. (lcjb) (Entered: 06/01/2026)

RECAP
126 July 16, 2026

NOTICE of Appearance by Alexander Michael Carnevale on behalf of STATE OF RHODE ISLAND (Carnevale, Alexander)

RECAP
127 July 31, 2026

NOTICE OF WITHDRAWAL OF APPEARANCE as to STATE OF NEW MEXICO. Attorney James Grayson terminated. (Grayson, James) (Entered: 07/31/2026)

RECAP
128 Aug. 20, 2026

NOTICE OF WITHDRAWAL OF APPEARANCE as to STATE OF HAWAII. Attorney David Dana Day terminated. (Day, David) (Entered: 08/20/2026)

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

Federal

Department of Government Efficiency

United States of America

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):

Appointments Clause

Separation of Powers

Other Dockets:

District of District of Columbia 1:25-cv-00429

U.S. Court of Appeals for the District of Columbia Circuit 25-05072

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Content of Injunction:

Preliminary relief denied

Issues

Presidential/Gubernatorial Authority:

DOGE (Department of Government Efficiency)

Recommended Citation