Case: Center for Taxpayer Rights v. Internal Revenue Service

President Donald Trump

COMPLAINT against SCOTT BESSENT, INTERNAL REVENUE SERVICE, DOUGLAS O'DONNELL, U.S. DEPARTMENT OF THE TREASURY, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION with Jury Demand ( Filing fee $ 405 receipt number ADCDC-11484198) filed by MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, CENTER FOR TAXPAYER RIGHTS, COMMUNICATIONS WORKERS OF AMERICA. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Cov Sheet Attachment, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(McGrath, Daniel) (Attachment 1 replaced on 2/18/2025) (zmtm). (Entered: 02/17/2025)

1 Civil Cover Sheet

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2 Civil Cover Sheet Cov Sheet Attachment

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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10 Summons

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NOTICE OF RELATED CASE by COMMUNICATIONS WORKERS OF AMERICA, CENTER FOR TAXPAYER RIGHTS, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, MAIN STREET ALLIANCE. Case related to Case No. 25-313. (McGrath, Daniel) (Entered: 02/17/2025)

SUMMONS (8) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (zmtm) (Additional attachment(s) added on 2/18/2025: # 1 Notice and Consent) (zmtm). Modified on 2/18/2025 to add docket number (zmtm). (Entered: 02/18/2025)

1 Notice and Consent

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NOTICE of Appearance by Daniel Alexander McGrath on behalf of COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CENTER FOR TAXPAYER RIGHTS, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO (McGrath, Daniel) (Entered: 02/18/2025)

NOTICE of Appearance by Robin F. Thurston on behalf of COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CENTER FOR TAXPAYER RIGHTS, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO (Thurston, Robin) (Entered: 02/18/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Karianne M. Jones, Filing fee $ 100, receipt number ADCDC-11485947. Fee Status: Fee Paid. by COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CENTER FOR TAXPAYER RIGHTS, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO. (Attachments: # 1 Declaration, # 2 Supplement Declaration, # 3 Certificate of Good Standing)(McGrath, Daniel) (Entered: 02/18/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Madeline H. Gitomer, Filing fee $ 100, receipt number ADCDC-11485966. Fee Status: Fee Paid. by COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CENTER FOR TAXPAYER RIGHTS, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(McGrath, Daniel) (Entered: 02/18/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Skye L. Perryman, Filing fee $ 100, receipt number ADCDC-11485977. Fee Status: Fee Paid. by COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CENTER FOR TAXPAYER RIGHTS, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(McGrath, Daniel) (Entered: 02/18/2025)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CENTER FOR TAXPAYER RIGHTS, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO (McGrath, Daniel) (Entered: 02/18/2025)

ORDER ESTABLISHING PROCEDURES FOR CIVIL CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 02/18/2025. (lcckk1) (Entered: 02/18/2025)

Case Assigned to Judge Colleen Kollar-Kotelly. (zmtm)

Case Assigned/Reassigned

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

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER: For good cause shown, the 6, 7, and 8 Motions for Leave to Appear Pro Hac Vice filed on behalf of Attorneys Karianne M. Jones, Madeline H. Gitomer, and Skye L. Perryman, are GRANTED, CONTINGENT ON Attorneys Jones, Gitomer, and Perryman filing declarations certifying their familiarity with the Local Rules of this Court on or before February 26, 2025. Because Attorney Jones is an active member of the District of Columbia Bar practicing on behalf of an organization with an office in this District and has not yet applied for admission to this Court's Bar, Attorney Jones's admission pro hac vice is also CONTINGENT on Attorney Jones submitting an application for admission to this Court's Bar pursuant to Local Rule of Civil Procedure 83.8 on or before February 26, 2025. Counsel shall promptly register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on 02/19/2025. (lcckk1)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SCOTT BESSENT served on 2/20/2025; INTERNAL REVENUE SERVICE served on 2/20/2025; DOUGLAS O'DONNELL served on 2/20/2025; U.S. DEPARTMENT OF THE TREASURY served on 2/20/2025; U.S. DIGITAL SERVICE (U.S. DOGE SERVICE) served on 2/20/2025; U.S. DOGE SERVICE TEMPORARY ORGANIZATION served on 2/19/2025, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/20/2025. ( Answer due for ALL FEDERAL DEFENDANTS by 4/21/2025.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/20/2025. (McGrath, Daniel) (Entered: 02/24/2025)

NOTICE of Appearance by Madeline Gitomer on behalf of COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CENTER FOR TAXPAYER RIGHTS, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO (Attachments: # 1 Declaration)(Gitomer, Madeline) (Entered: 02/25/2025)

1 Declaration

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NOTICE of Appearance by Skye Perryman on behalf of COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CENTER FOR TAXPAYER RIGHTS, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO (Attachments: # 1 Declaration)(Perryman, Skye) (Entered: 02/25/2025)

1 Declaration

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NOTICE of Appearance by Karianne Melissa Jones on behalf of COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CENTER FOR TAXPAYER RIGHTS, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Jones, Karianne) (Entered: 02/25/2025)

1 Declaration

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2 Certificate of Good Standing

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NOTICE OF WITHDRAWAL OF APPEARANCE as to COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CENTER FOR TAXPAYER RIGHTS, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO. Attorney Karianne Melissa Jones terminated. (Jones, Karianne) (Entered: 03/26/2025)

NOTICE of Appearance by Bradley P. Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 03/28/2025)

Consent MOTION for Extension of Time to File Answer re 1 Complaint,, or Otherwise Respond by SCOTT BESSENT, INTERNAL REVENUE SERVICE, DOUGLAS O'DONNELL, U.S. DEPARTMENT OF THE TREASURY, U.S. DIGITAL SERVICE (U.S. DOGE SERVICE), U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 04/16/2025)

Order on Motion for Extension of Time to Answer

MINUTE ORDER: The Defendants' 17 Consent Motion for Extension of Time is GRANTED. The Defendants shall file their Answer or other response to the Plaintiffs' 1 Complaint on or before April 25, 2025. Signed by Judge Colleen Kollar-Kotelly on 04/17/2025. (lcckk1)

Set/Reset Deadlines: The Defendants shall file their Answer or other response to the Plaintiffs' 1 Complaint on or before 4/25/2025. (dot)

Set/Reset Deadlines

Set/Reset Deadlines

MOTION to Dismiss by SCOTT BESSENT, INTERNAL REVENUE SERVICE, DOUGLAS O'DONNELL, U.S. DEPARTMENT OF THE TREASURY, U.S. DIGITAL SERVICE (U.S. DOGE SERVICE), U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Humphreys, Bradley) (Entered: 04/25/2025)

1 Memorandum in Support

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Consent MOTION for Extension of Time to Respond to Motion to Dismiss by CENTER FOR TAXPAYER RIGHTS, COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO. (Attachments: # 1 Text of Proposed Order)(McGrath, Daniel) (Entered: 05/05/2025)

1 Text of Proposed Order

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Set/Reset Deadlines AND Terminate Deadlines

Order on Motion for Extension of Time to

MINUTE ORDER: For good cause shown, the Plaintiffs' 19 Consent Motion for Extension of Time is GRANTED. The Plaintiffs shall file their response to the Defendants' 18 Motion to Dismiss on or before May 16, 2025. The Defendants shall file any reply on or before May 23, 2025. Signed by Judge Colleen Kollar-Kotelly on 05/05/2025. (lcckk1)

Terminate Deadlines

Set/Reset Deadlines: Response to Dispositive Motions due by 5/16/2025; Reply to Dispositive Motions due by 5/23/2025. (mhp)

AMENDED COMPLAINT against SCOTT BESSENT, INTERNAL REVENUE SERVICE, U.S. DEPARTMENT OF THE TREASURY, U.S. DIGITAL SERVICE (U.S. DOGE SERVICE), U.S. DOGE SERVICE TEMPORARY ORGANIZATION, AMY GLEASON, ELON MUSK, STEVE DAVIS, U.S. DEPARTMENT OF THE TREASURY DOGE TEAM, OFFICE OF PERSONNEL MANAGEMENT, CHARLES EZELL, GENERAL SERVICES ADMINISTRATION, STEPHEN EHIKIAN, MICHAEL FAULKENDER with Jury Demand filed by NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO, MAIN STREET ALLIANCE, CENTER FOR TAXPAYER RIGHTS, COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(McGrath, Daniel) (Entered: 05/16/2025)

1 Summons

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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NOTICE of Appearance by Johanna M. Hickman on behalf of CENTER FOR TAXPAYER RIGHTS, COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO (Hickman, Johanna) (Entered: 05/20/2025)

Order on Motion to Dismiss

MINUTE ORDER: Upon consideration of the Plaintiffs' 20 Amended Complaint, it is ORDERED that the Defendants' 18 Motion to Dismiss is DENIED WITHOUT PREJUDICE and the briefing schedule on that Motion is VACATED so that the Defendants may revise and refile their Motion or otherwise respond to the amended pleading. See Ellipso, Inc. v. Mann, 460 F. Supp. 2d 99, 103 (D.D.C. 2006) (RCL). The Defendants shall Answer or otherwise respond to the 20 Amended Complaint in accordance with Federal Rule of Civil Procedure 12. Signed by Judge Colleen Kollar-Kotelly on 05/22/2025. (lcckk1)

SUMMONS (8) Issued Electronically as to STEVE DAVIS, STEPHEN EHIKIAN, CHARLES EZELL, GENERAL SERVICES ADMINISTRATION, AMY GLEASON, ELON MUSK, OFFICE OF PERSONNEL MANAGEMENT, U.S. DEPARTMENT OF THE TREASURY DOGE TEAM. (Attachment: # 1 Notice and Consent)(zjm) (Entered: 05/23/2025)

Joint MOTION for Briefing Schedule for Defendants' Motion to Dismiss Plaintiffs' Amended Complaint by SCOTT BESSENT, STEVE DAVIS, STEPHEN EHIKIAN, CHARLES EZELL, MICHAEL FAULKENDER, GENERAL SERVICES ADMINISTRATION, AMY GLEASON, INTERNAL REVENUE SERVICE, ELON MUSK, DOUGLAS O'DONNELL, OFFICE OF PERSONNEL MANAGEMENT, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY DOGE TEAM, U.S. DIGITAL SERVICE (U.S. DOGE SERVICE), U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 05/30/2025)

1 Text of Proposed Order

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ORDER granting 23 Motion for Briefing Schedule. Signed by Judge Colleen Kollar-Kotelly on 5/30/2025. (lcckk3) (Entered: 05/30/2025)

Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings: Defendant's Motion to Dismiss due by 7/3/2025. Plaintiff's Response to Motion to Dismiss due by 7/25/2025. Defendant's Reply to Dispositive Motions due by 8/4/2025. (zakb)

Unopposed MOTION to Modify Briefing Schedule by SCOTT BESSENT, STEVE DAVIS, STEPHEN EHIKIAN, CHARLES EZELL, MICHAEL FAULKENDER, GENERAL SERVICES ADMINISTRATION, AMY GLEASON, INTERNAL REVENUE SERVICE, ELON MUSK, OFFICE OF PERSONNEL MANAGEMENT, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY DOGE TEAM, U.S. DIGITAL SERVICE (U.S. DOGE SERVICE), U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 06/30/2025)

Order on Motion to Modify

MINUTE ORDER: For good cause shown, Defendants' 25 Unopposed Motion to Modify Briefing Schedule is GRANTED. Defendants shall file their motion to dismiss on or before July 10, 2025. Plaintiffs shall file their response to Defendants' motion to dismiss on or before August 1, 2025. Defendants shall file any reply in support of their motion to dismiss on or before August 11, 2025. Signed by Judge Colleen Kollar-Kotelly on 07/02/2025. (lcckk1)

Set/Reset Deadlines

Set/Reset Deadlines: Defendants' Motion to Dismiss due by 7/10/2025. Response due by 8/1/2025. Reply due by 8/11/2025. (dot)

MOTION to Dismiss Plaintiffs' Amended Complaint by SCOTT BESSENT, STEVE DAVIS, STEPHEN EHIKIAN, CHARLES EZELL, MICHAEL FAULKENDER, GENERAL SERVICES ADMINISTRATION, AMY GLEASON, INTERNAL REVENUE SERVICE, ELON MUSK, OFFICE OF PERSONNEL MANAGEMENT, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY DOGE TEAM, U.S. DIGITAL SERVICE (U.S. DOGE SERVICE), U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Humphreys, Bradley) (Entered: 07/10/2025)

1 Memorandum in Support

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Memorandum in opposition to re 26 MOTION to Dismiss Plaintiffs' Amended Complaint filed by CENTER FOR TAXPAYER RIGHTS, COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO. (Attachments: # 1 Declaration of Nina E. Olson)(McGrath, Daniel) (Entered: 08/01/2025)

Unopposed MOTION for Extension of Time to File Response/Reply as to 26 MOTION to Dismiss Plaintiffs' Amended Complaint by SCOTT BESSENT, STEVE DAVIS, STEPHEN EHIKIAN, CHARLES EZELL, MICHAEL FAULKENDER, GENERAL SERVICES ADMINISTRATION, AMY GLEASON, INTERNAL REVENUE SERVICE, ELON MUSK, OFFICE OF PERSONNEL MANAGEMENT, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY DOGE TEAM, U.S. DIGITAL SERVICE (U.S. DOGE SERVICE), U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 08/06/2025)

1 Text of Proposed Order

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MINUTE ORDER granting 28 Motion for Extension of Time to File Response/Reply re 26 MOTION to Dismiss Plaintiffs' Amended Complaint. Reply due by 8/15/2025. Signed by Judge Colleen Kollar-Kotelly on 8/11/2025. (lcckk3) Modified event title on 8/11/2025 (hmc).

Order on Motion for Extension of Time to File Response/Reply

Set/Reset Deadlines: Reply due by 8/15/2025. (hmc)

Set/Reset Deadlines

REPLY to opposition to motion re 26 Motion to Dismiss,, filed by SCOTT BESSENT, STEVE DAVIS, STEPHEN EHIKIAN, CHARLES EZELL, MICHAEL FAULKENDER, GENERAL SERVICES ADMINISTRATION, AMY GLEASON, INTERNAL REVENUE SERVICE, ELON MUSK, DOUGLAS O'DONNELL, OFFICE OF PERSONNEL MANAGEMENT, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY DOGE TEAM, U.S. DIGITAL SERVICE (U.S. DOGE SERVICE), U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Humphreys, Bradley) (Entered: 08/15/2025)

MOTION for Preliminary Injunction (Stay Under 5 U.S.C. 705, 706, or in the alternative for Preliminary Injunction) by CENTER FOR TAXPAYER RIGHTS, COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6 - Declaration of Nina E. Olson, # 9 Exhibit 7 - Declaration of Shawn Phetteplace, # 10 Exhibit 8 - Declaration of Jane Doe, # 11 Exhibit 9 - Declaration of Yvette Piacsek, # 12 Exhibit 10 - Declaration of John Doe, # 13 Exhibit 11 - Declaration of John Koskinen)(Hickman, Johanna) (Entered: 08/20/2025)

1 Memorandum in Support

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6 - Declaration of Nina E. Olson

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9 Exhibit 7 - Declaration of Shawn Phetteplace

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10 Exhibit 8 - Declaration of Jane Doe

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11 Exhibit 9 - Declaration of Yvette Piacsek

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12 Exhibit 10 - Declaration of John Doe

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13 Exhibit 11 - Declaration of John Koskinen

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Order

MINUTE ORDER: The Court is in receipt of the Plaintiffs' 30 Motion for Stay Under 5 U.S.C. § 705 or, in the Alternative, for a Preliminary Injunction. The Defendants shall respond to the Plaintiffs' 30 Motion on or before August 28, 2025. The Plaintiffs shall file any reply on or before September 3, 2025. The parties shall be prepared for a hearing on the Plaintiffs' Motion on either September 4 or September 5. Signed by Judge Colleen Kollar-Kotelly on 08/20/2025. (lcckk1)

Set/Reset Deadlines

Set/Reset Deadlines: Defendants' Response to 30 due by 8/28/2025; Plaintiffs' Replies due by 9/3/2025. (dot)

Set/Reset Deadlines

Memorandum in opposition to re 30 MOTION for Preliminary Injunction (Stay Under 5 U.S.C. 705, 706, or in the alternative for Preliminary Injunction) MOTION to Stay filed by SCOTT BESSENT, STEVE DAVIS, STEPHEN EHIKIAN, CHARLES EZELL, MICHAEL FAULKENDER, GENERAL SERVICES ADMINISTRATION, AMY GLEASON, INTERNAL REVENUE SERVICE, ELON MUSK, OFFICE OF PERSONNEL MANAGEMENT, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY DOGE TEAM, U.S. DIGITAL SERVICE (U.S. DOGE SERVICE), U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Affidavit A - Declaration of John J. Walker, # 2 Text of Proposed Order)(Humphreys, Bradley) (Entered: 08/28/2025)

1 Affidavit A - Declaration of John J. Walker

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MINUTE ORDER: Upon consideration of the Plaintiffs' 30 Motion for Stay Under 5 U.S.C. § 705 or, in the Alternative, for Preliminary Injunction, and the Defendants' 31 Opposition thereto, it is ORDERED that counsel shall appear for a hearing on the Plaintiffs' 30 Motion at 1:00 p.m. ET on September 5, 2025, in Courtroom 28-A. On or before September 3, 2025, the Court will issue a further order identifying specific legal and factual issues that counsel should be prepared to address at this hearing. Signed by Judge Colleen Kollar-Kotelly on 08/29/2025. (lcckk1)

Order

Set/Reset Hearings: Motion Hearing set for 9/5/2025 at 1:00 PM in Courtroom 28A- In Person before Judge Colleen Kollar-Kotelly. (dot)

Set/Reset Hearings

ORDER identifying specific legal and factual issues that counsel should be prepared to address at the hearing on Plaintiffs' 30 Motion on September 5, 2025. Signed by Judge Colleen Kollar-Kotelly on 9/3/2025. (lcckk3) (Entered: 09/03/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Andrew Weiner, Filing fee $ 100, receipt number ADCDC-11931098. Fee Status: Fee Paid. by Members of Congress as Amici Curiae. (Attachments: # 1 Affidavit)(Bahnsen, Nicholas) (Entered: 09/03/2025)

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REPLY to opposition to motion re 30 Motion for Preliminary Injunction,,,, Motion to Stay,,, filed by CENTER FOR TAXPAYER RIGHTS, COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO. (Attachments: # 1 Exhibit 12, # 2 Exhibit 13)(McGrath, Daniel) (Entered: 09/03/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER: For good cause shown, the 33 Motion for Leave to Appear Pro Hac Vice filed on behalf of Attorney Andrew Weiner is GRANTED, CONTINGENT ON Attorney Weiner filing a declaration certifying his familiarity with the Local Rules of this Court on or before September 10, 2025. Because Attorney Weiner is an active member of the District of Columbia Bar practicing on behalf of an organization with an office in this District, Attorney Weiner's admission pro hac vice is also CONTINGENT ON him applying for admission to become a full member of this Court's Bar no later than October 3, 2025. Counsel shall promptly register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Colleen Kollar-Kotelly on 9/3/2025. (lcckk3)

MINUTE ORDER: The Court will provide access for the public to telephonically attend the hearing on Plaintiffs' 30 Motion for Stay Under 5 U.S.C. § 705 or, in the Alternative, for Preliminary Injunction that is set for September 5, 2025, at 1:00 p.m. ET. The hearing can be accessed by dialing the toll-free number: (833) 990-9400 (Meeting ID: 585620654). Attendees using the public access telephone line can listen to proceedings but will not be audible to other participants during the hearing. Attendees are also reminded of the general prohibition against photographing, recording, or 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 Court. Signed by Judge Colleen Kollar-Kotelly on 9/4/2025. (lcckk3)

Order

NOTICE of Appearance by Andrew Weiner on behalf of Members of Congress as Amici Curiae (Weiner, Andrew) (Entered: 09/05/2025)

Unopposed MOTION for Leave to File Amicus Briefin support of Plaintiffs by Members of Congress as Amici Curiae. (Attachments: # 1 Exhibit Brief of Amici Curiae)(Weiner, Andrew) (Entered: 09/05/2025)

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AMICUS BRIEF by MEMBERS OF CONGRESS AS AMICI CURIAE. (zjm) (Entered: 09/06/2025)

Order on Motion for Leave to File Amicus Brief

.Order

Order

MINUTE ORDER: For good cause shown, the 36 Unopposed Motion for Leave to File Brief of Amici Curiae Members of the Congressional Hispanic Caucus Leadership in Support of Plaintiffs' 30 Motion for Stay or Preliminary Injunction is GRANTED. Signed by Judge Colleen Kollar-Kotelly on 09/05/2025. (lcckk1)

Motion Hearing

MINUTE ORDER: The Court held a hearing on Plaintiffs' 30 Motion for a Preliminary Injunction on September 5, 2025. The Court took the Motion under advisement and expresses no view at this time on its ultimate disposition. At the hearing, the parties represented that they would provide the Court with certain information. Based on those representations and the surrounding discussion, the Court ORDERS the Plaintiffs to provide the Court with details of the effect that the IRS's actions may have on federal funding received by the Center for Taxpayer Rights, including details regarding any federal reporting requirements associated with the funding. The Court further ORDERS the Defendants to provide (i) the name and title of the individual at the IRS who received ICE's June 27 data request, (ii) the name and title of the individual whom ICE identified as the "officer[] or employee[]... personally and directly engaged in" the relevant criminal investigations or proceedings at issue in its June 27 request to the IRS, and (iii) the name and title of the individual who received the IRS's August 7 disclosure on behalf of ICE. Counsel for Defendants committed to notifying the Court within 24 hours if, while the Plaintiffs' motion is pending, the IRS either receives another request for information from DHS/ICE or makes plans to share additional information with DHS/ICE. Accordingly, Defendants are ORDERED to make such notification if the obligation arises. Finally, the Court discussed the possibility of ordering the administrative record. Counsel for Defendants requested 45 days to produce the record if the Court make such order. If the Court requires the administrative record to resolve Plaintiffs' Motion, it will order for it at a future date. Signed by Judge Colleen Kollar-Kotelly on 9/5/2025. (lcckk3)

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Motion Hearing held on 9/5/2025 re 30 MOTION for Preliminary Injunction (Stay Under 5 U.S.C. 705, 706, or in the alternative for Preliminary Injunction) MOTION to Stay filed by NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO, MAIN STREET ALLIANCE, COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, CENTER FOR TAXPAYER RIGHTS. Motion heard and taken under advisement. (Court Reporter Sonja Reeves.) (dot)

Motion Hearing

TRANSCRIPT OF MOTION HEARING before Judge Colleen Kollar-Kotelly held on September 5, 2025; Page Numbers: 1-133. Date of Issuance: September 9, 2025. Court Reporter/Transcriber Sonja L. Reeves, RDR, CRR, Telephone number (202) 354-3246, 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 9/30/2025. Redacted Transcript Deadline set for 10/10/2025. Release of Transcript Restriction set for 12/8/2025.(Reeves, Sonja) (Entered: 09/09/2025)

.Order

Order

MINUTE ORDER: The Court held a hearing on Plaintiffs' 30 Motion for Preliminary Injunction on September 5, 2025. At the hearing, the Court informed the parties that it may require the administrative record to resolve Plaintiffs' Motion. Counsel for the Defendants requested 45 days to produce the administrative record in the event the Court ordered such production.The Court has determined that it requires the administrative record to resolve Plaintiffs' Motion. As the Court will more fully explain in its written ruling on Plaintiffs' Motion, Plaintiffs have shown a substantial likelihood that at least one Plaintiff, the Center for Taxpayer Rights, has Article III standing based on the harms to its core activities that are described in paragraphs 40 through 54 of the [30-8] Declaration of Nina E. Olson. Furthermore, Plaintiffs have shown a substantial likelihood that the IRS has taken final agency action by adopting and implementing a policy of disclosing the addresses of tens of thousands of taxpayers to Immigration and Customs Enforcement ("ICE") based on a representation from ICE that a single ICE employee is (or a small number of ICE employees are) "personally and directly engaged" in investigating each of those taxpayers for committing a criminal offense under 8 U.S.C. § 1253(a)(1). Because resolving the balance of Plaintiffs' Motion will require the Court to assess Plaintiffs' likelihood of success on the merits of their arbitrary-and-capricious claims under the Administrative Procedure Act, binding precedent compels the Court to call for the administrative record. See Am. Bioscience, Inc. v. Thompson, 243 F.3d 579, 582 (D.C. Cir. 2001) (directing that "before assessing... probability of success on the merits" in a case challenging agency action as arbitrary and capricious, district courts should "require[] the [agency] to file the administrative record" and "determine[] the grounds on which" the agency acted).Accordingly, it is hereby ORDERED that Defendants shall file the administrative record underlying the decisions challenged in this case on or before October 24, 2025. If Defendants take the position that any document that would otherwise be part of the administrative record is subject to a privilege other than the deliberative process privilege, Defendants shall promptly file a motion for exemption from disclosure, which the Court shall resolve in due course. See In re United States, 583 U.S. at 32 ("[T]he District Court may not compel the Government to disclose any document that the Government believes is privileged without first providing the Government with the opportunity to argue the issue."). Plaintiffs shall file any objections to Defendants' designation of the administrative record, including objections that Defendants omitted information that should have been included, on or before October 27, 2025. Signed by Judge Colleen Kollar-Kotelly on 9/9/2025. (lcckk3)

Set/Reset Deadlines

Set/Reset Deadlines: Defendants' Administrative Record due by 10/24/2025. Plaintiffs' Objections due by 10/27/2025. (dot)

RESPONSE TO ORDER OF THE COURT re Order,,,,,,, to Provide Additional Information filed by CENTER FOR TAXPAYER RIGHTS, COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO. (Attachments: # 1 Declaration)(McGrath, Daniel) (Entered: 09/17/2025)

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RESPONSE TO ORDER OF THE COURT re Order,,,,,,, Requiring Defendants to Provide Additional Information filed by SCOTT BESSENT, STEVE DAVIS, STEPHEN EHIKIAN, CHARLES EZELL, MICHAEL FAULKENDER, GENERAL SERVICES ADMINISTRATION, AMY GLEASON, INTERNAL REVENUE SERVICE, ELON MUSK, OFFICE OF PERSONNEL MANAGEMENT, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY DOGE TEAM, U.S. DIGITAL SERVICE (U.S. DOGE SERVICE), U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Exhibit, # 2 Exhibit)(Humphreys, Bradley) (Entered: 09/18/2025)

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NOTICE OF SUBSTITUTION OF COUNSEL by John Stephen Tagert on behalf of All Defendants Substituting for attorney Bradley P. Humphreys (Tagert, John) (Entered: 09/29/2025)

MOTION to Stay re Order,,,,,,,,,,,, by SCOTT BESSENT, STEVE DAVIS, STEPHEN EHIKIAN, CHARLES EZELL, MICHAEL FAULKENDER, GENERAL SERVICES ADMINISTRATION, AMY GLEASON, INTERNAL REVENUE SERVICE, ELON MUSK, DOUGLAS O'DONNELL, OFFICE OF PERSONNEL MANAGEMENT, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY DOGE TEAM, U.S. DIGITAL SERVICE (U.S. DOGE SERVICE), U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Text of Proposed Order)(Tagert, John) (Entered: 10/01/2025)

ORDER denying 42 Motion to Stay. Signed by Judge Colleen Kollar-Kotelly on 10/1/2025. (lcckk3) (Entered: 10/01/2025)

NOTICE of Appearance by Steven Y. Bressler on behalf of CENTER FOR TAXPAYER RIGHTS, COMMUNICATIONS WORKERS OF AMERICA, AFL-CIO, MAIN STREET ALLIANCE, NATIONAL FEDERATION OF FEDERAL EMPLOYEES, IAM AFL-CIO (Bressler, Steven) (Entered: 10/10/2025)

Unopposed MOTION for Extension of Time to File the Administrative Record by SCOTT BESSENT, STEVE DAVIS, STEPHEN EHIKIAN, CHARLES EZELL, MICHAEL FAULKENDER, GENERAL SERVICES ADMINISTRATION, AMY GLEASON, INTERNAL REVENUE SERVICE, ELON MUSK, DOUGLAS O'DONNELL, OFFICE OF PERSONNEL MANAGEMENT, U.S. DEPARTMENT OF THE TREASURY, U.S. DEPARTMENT OF THE TREASURY DOGE TEAM, U.S. DIGITAL SERVICE (U.S. DOGE SERVICE), U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Text of Proposed Order)(Tagert, John) (Entered: 10/22/2025)

ORDER granting 45 Motion for Extension of Time to File. It is ORDERED that Defendants' deadline to file the administrative record and to file a motion (if any) for exemption from disclosure of any document that would otherwise be part of the administrative record subject to a privilege other than the deliberative process privilege is hereby extended from October 24, 2025, to October 29, 2025. It is FURTHER ORDERED that, if Defendants file a motion with the administrative record to exempt certain documents from disclosure, Defendants shall first confer with Plaintiffs and attempt to reach a resolution regarding such documents before filing such motion, and inform the Court, in writing, of the outcome of this conference. ORDERED that Plaintiffs' deadline to file any objections to Defendants' designation of the administrative record is extended until November 3, 2025.Signed by Judge Colleen Kollar-Kotelly on 10/22/2025. (lcckk3) (Entered: 10/22/2025)

Set/Reset Deadlines: Defendants' Administrative Record and Motion due by 10/29/2025. Plaintiffs' objections due by 11/3/2025 (dot)