Case: Brehm v. Marocco

President Donald Trump

NOTICE of Appearance by Kaitlyn Golden on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION (Golden, Kaitlyn) (Entered: 02/06/2025)

NOTICE of Appearance by Kristen Paige Miller on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION (Miller, Kristen) (Entered: 02/06/2025)

NOTICE of Appearance by Robin F. Thurston on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION (Thurston, Robin) (Entered: 02/06/2025)

NOTICE of Appearance by Rachel L. Fried on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION (Fried, Rachel) (Entered: 02/06/2025)

NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison) (Entered: 02/06/2025)

Case Assigned to Judge Carl J. Nichols. (znmw)

SUMMONS (9) Issued Electronically as to SCOTT BESSENT, MARCO RUBIO (2), DONALD J. TRUMP, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES DEPARTMENT OF STATE, UNITED STATES TREASURY DEPARTMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 02/07/2025)

MOTION for Temporary Restraining Order by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Proposed Order)(Miller, Kristen) (Entered: 02/07/2025)

NOTICE of Appearance by Lauren Bateman on behalf of All Plaintiffs (Bateman, Lauren) (Entered: 02/07/2025)

MINUTE ORDER. The parties are hereby ORDERED to appear for an in-person hearing on the 9 Motion for Temporary Restraining Order on February 7, 2025 at 3:00 PM in Courtroom 17. Plaintiffs shall notify counsel for defendants of the contents of this Minute Order and the time and place of the hearing. So ORDERED by Judge Carl J. Nichols on 2/7/25. (lccjn1)

NOTICE: Members of the Public and Media are permitted to attend the TRO hearing scheduled this afternoon in person. There will not be a public telephone line connected; however, the courthouse media access room will be available. (zcam)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kayla M. Kaufman, Filing fee $ 100, receipt number ADCDC-11465386. Fee Status: Fee Paid. by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Exhibit Motion, # 2 Exhibit Certificate of Good Standing)(Golden, Kaitlyn) (Entered: 02/07/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Skye Perryman, Filing fee $ 100, receipt number ADCDC-11465454. Fee Status: Fee Paid. by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Exhibit Motion, # 2 Exhibit Certificate of Good Standing)(Golden, Kaitlyn) (Entered: 02/07/2025)

MINUTE ORDER. The Court having considered Plaintiffs' 11 Motion For Admission Pro Hac Vice of Kayla M. Kaufman, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(e), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Kayla M. Kaufman is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. So ORDERED by Judge Carl J. Nichols on 2/7/25. (lccjn1)

MINUTE ORDER. The Court having considered Plaintiffs' 12 Motion For Admission Pro Hac Vice of Skye Perryman, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(e), it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Skye Perryman is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. So ORDERED by Judge Carl J. Nichols on 2/7/25. (lccjn1)

Minute Entry for proceedings held before Judge Carl J. Nichols: Motion Hearing held on 2/7/2025 re 9 MOTION for Temporary Restraining Order filed by AMERICAN FOREIGN SERVICE ASSOCIATION, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. Further Order to be issued by the Court. Court Reporter: Lorraine Herman. (zcam)

NOTICE of Appearance by Christopher D. Edelman on behalf of All Defendants (Edelman, Christopher) (Entered: 02/07/2025)

NOTICE of Appearance by Dorothy M. Canevari on behalf of All Defendants (Canevari, Dorothy) (Entered: 02/07/2025)

ORDER granting in part and denying in part 9 Motion for TRO. Signed by Judge Carl J. Nichols on 2/7/25. (lccjn1) (Entered: 02/07/2025)

TRANSCRIPT OF TEMPORARY RESTRAINING ORDER PROCEEDINGS before Judge Carl J. Nichols, held on February 7, 2025. Page Numbers: 1-57. Date of Issuance: February 9, 2025. Court Reporter: Lorraine Herman. Email: Lorraine_Herman@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/2/2025. Redacted Transcript Deadline set for 3/12/2025. Release of Transcript Restriction set for 5/10/2025.(Herman, Lorraine) (Entered: 02/09/2025)

TRANSCRIPT OF PRELIMINARY INJUNCTION PROCEEDINGS, before Judge Carl J. Nichols, held on February 13, 2025. Page Numbers: 1-57. Date of Issuance: March 5, 2025. Court Reporter: Lorraine Herman. Email: lorraine_herman@dcd.uscourts.gov.Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/3/2025. Redacted Transcript Deadline set for 3/13/2025. Release of Transcript Restriction set for 5/11/2025.(Herman, Lorraine) (Main Document 17 replaced on 3/5/2025) (zdp). Modified on 3/5/2025; to correct docket text (zdp). (Entered: 02/10/2025)

NOTICE of Appearance by Karla A. Gilbride on behalf of All Plaintiffs (Gilbride, Karla) (Main Document 18 replaced on 2/10/2025) (zdp). (Entered: 02/10/2025)

Emergency MOTION for Hearing to Show Cause by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Exhibit Declaration of Patricia Doe, # 2 Exhibit Declaration of Quinn Doe, # 3 Exhibit Declaration of Rebecca Doe, # 4 Exhibit Declaration of Ursula Doe, # 5 Exhibit Declaration of Mary Doe, # 6 Exhibit Declaration of Erica Doe, # 7 Text of Proposed Order Proposed Order)(Bateman, Lauren) (Entered: 02/10/2025)

RESPONSE re 9 MOTION for Temporary Restraining Order filed by DONALD J. TRUMP, UNITED STATES DEPARTMENT OF STATE, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES TREASURY DEPARTMENT, MARCO RUBIO, SCOTT BESSENT. (Attachments: # 1 Declaration of Peter Marocco)(Edelman, Christopher) (Entered: 02/10/2025)

NOTICE of Correction by DONALD J. TRUMP, UNITED STATES DEPARTMENT OF STATE, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES TREASURY DEPARTMENT, MARCO RUBIO, SCOTT BESSENT (Edelman, Christopher) (Entered: 02/10/2025)

NOTICE: Members of the Public and Media are permitted to attend the Preliminary Injunction hearing scheduled for Wednesday, February 12, 2025 in person. There will not be a public telephone line connected; however, the courthouse media access room will be available. (zcam)

RESPONSE re 19 Emergency MOTION for Hearing to Show Cause filed by DONALD J. TRUMP, UNITED STATES DEPARTMENT OF STATE, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES TREASURY DEPARTMENT, MARCO RUBIO, SCOTT BESSENT. (Attachments: # 1 Declaration of Jason Gray)(Edelman, Christopher) (Entered: 02/11/2025)

Unopposed MOTION for Leave to File Excess Pages by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Golden, Kaitlyn) (Entered: 02/11/2025)

MINUTE ORDER. Plaintiffs' 23 Unopposed Motion for Leave to File in Excess of Page Limits is GRANTED. Plaintiffs' reply brief may contain up to 35 pages. So ORDERED by Judge Carl J. Nichols on 2/11/25. (lccjn1)

MOTION for Leave to File Supplement to the Record by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Marcus Doe, # 3 Declaration of Nancy Doe, # 4 Declaration of Nathan Doe, # 5 Declaration of Olivia Doe, # 6 Declaration of Ruth Doe, # 7 Declaration of Sarah Doe, # 8 Declaration of Thomasina Doe, # 9 Declaration of Ulysses Doe, # 10 Declaration of Virginia Doe, # 11 Declaration of Walter Doe, # 12 Declaration of Wanda Doe, # 13 Declaration of Xavier Doe, # 14 Declaration of Yolanda Doe, # 15 Declaration of Zeb Doe, # 16 Declaration of Jane Doe, # 17 Declaration of Randall Chester, # 18 Text of Proposed Order)(Golden, Kaitlyn) (Attachment 11 replaced on 2/13/2025) (zdp). (Attachment 12 replaced on 2/13/2025) (zdp). Modified on 2/13/2025; replaced at the request of counsel (zdp). (Attachment 6 replaced on 2/14/2025) (zdp). (Entered: 02/11/2025)

REPLY to opposition to motion re 9 MOTION for Temporary Restraining Order Reply in Support filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION. (Golden, Kaitlyn) Modified docket text on 2/12/2025 (zdp). (Entered: 02/11/2025)

Set/Reset Hearings: Preliminary Injunction Hearing RESET for 2/13/2025 at 11:00 AM in Courtroom 17- In Person before Judge Carl J. Nichols. NOTE: Members of the Public and Media are permitted to attend in person. There will not be a public telephone line connected; however, the courthouse media access room will be available. (zcam)

NOTICE of Appearance by Lauren Wetzler on behalf of All Defendants (Wetzler, Lauren) (Entered: 02/12/2025)

NOTICE OF SUBSTITUTION OF COUNSEL by Indraneel Sur on behalf of All Defendants Substituting for attorney DOROTHY M. CANEVARI (Sur, Indraneel) (Entered: 02/12/2025)

NOTICE OF RELATED CASE by All Defendants. Case related to Case No. 1:25-cv-400. (Edelman, Christopher) (Entered: 02/12/2025)

NOTICE of Appearance by Eric Hamilton on behalf of All Defendants (Hamilton, Eric) (Entered: 02/12/2025)

AMENDED COMPLAINT against All Defendants filed by AMERICAN FOREIGN SERVICE ASSOCIATION, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, OXFAM AMERICA, INC.. (Attachments: # 1 Exhibit A, # 2 Redline to Complaint)(Golden, Kaitlyn) (Entered: 02/13/2025)

ORDER amending TRO. Signed by Judge Carl J. Nichols on 2/13/25. (lccjn1) (Entered: 02/13/2025)

Minute Entry for proceedings held before Judge Carl J. Nichols: Preliminary Injunction held on 2/13/2025. Government Supplemental Facts due by 2/14/2025. Further Orders and Opinion to be issued by the Court. Court Reporter: Lorraine Herman. (zcam)

NOTICE. Signed by Judge Carl J. Nichols on 2/14/25. (lccjn1) (Entered: 02/14/2025)

NOTICE of Appearance by Kayla Minton Kaufman on behalf of OXFAM AMERICA, INC., AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION (Minton Kaufman, Kayla) (Entered: 02/14/2025)

NOTICE of Appearance by Skye Perryman on behalf of OXFAM AMERICA, INC., AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION (Perryman, Skye) (Entered: 02/14/2025)

SUPPLEMENTAL MEMORANDUM to re 20 Response to motion, filed by DONALD J. TRUMP, UNITED STATES DEPARTMENT OF STATE, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES TREASURY DEPARTMENT, MARCO RUBIO, SCOTT BESSENT. (Attachments: # 1 Declaration of Pete Marocco)(Edelman, Christopher) (Entered: 02/14/2025)

MOTION for Leave to File Supplement to the Record by OXFAM AMERICA, INC., AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Exhibit Third Declaration of Randall Chester, # 2 Exhibit Declaration of Terry Doe, # 3 Exhibit Declaration of Emilia Doe, # 4 Text of Proposed Order)(Miller, Kristen) (Entered: 02/17/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 2/13/2025 (Golden, Kaitlyn) (Entered: 02/18/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARCO RUBIO served on 2/13/2025 (Golden, Kaitlyn) (Entered: 02/18/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. (Golden, Kaitlyn) (Entered: 02/18/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SCOTT BESSENT served on 2/13/2025 (Golden, Kaitlyn) (Entered: 02/18/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF STATE served on 2/13/2025 (Golden, Kaitlyn) (Entered: 02/18/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES TREASURY DEPARTMENT served on 2/13/2025 (Golden, Kaitlyn) (Entered: 02/18/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/13/2025. (Golden, Kaitlyn) (Entered: 02/18/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT served on 2/13/2025 (Golden, Kaitlyn) (Entered: 02/18/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/13/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/14/2025. (Golden, Kaitlyn) (Entered: 02/18/2025)

NOTICE of Hearing: Telephone Conference set for 2/19/2025 at 11:30 AM before Judge Carl J. Nichols. (zglw)

Minute Entry for proceedings held before Judge Carl J. Nichols: Telephone Conference held on 2/19/2025. Defendants' supplemental brief and declaration due by noon on 2/20/2025. (Court Reporter Lorraine Herman.) (zakb)

NOTICE of Filing Declaration by DONALD J. TRUMP, UNITED STATES DEPARTMENT OF STATE, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES TREASURY DEPARTMENT, MARCO RUBIO, SCOTT BESSENT re Telephone Conference, Set Deadlines/Hearings (Attachments: # 1 Declaration Pete Marocco)(Edelman, Christopher) (Entered: 02/20/2025)

MOTION for Leave to File Supplement to the Record by OXFAM AMERICA, INC., AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Exhibit Fourth Declaration of Randall Chester, # 2 Text of Proposed Order)(Miller, Kristen) (Entered: 02/20/2025)

ORDER denying 9 Motion for Preliminary Injunction. Signed by Judge Carl J. Nichols on 2/21/25. (lccjn1) (Entered: 02/21/2025)

MEMORANDUM OPINION. Signed by Judge Carl J. Nichols on 2/21/25. (lccjn1) (Entered: 02/21/2025)

TRANSCRIPT OF TELEPHONE STATUS HEARING, before Judge Carl J. Nichols, held on February 19, 2025. Page Numbers: 1-23. Date of Issuance: March 5, 2025. Court Reporter: Lorraine Herman. Email: lorraine_herman@dcd.uscourts.gov. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/26/2025. Redacted Transcript Deadline set for 4/5/2025. Release of Transcript Restriction set for 6/3/2025.(Herman, Lorraine) (Entered: 03/05/2025)

COMPLAINT against STEPHEN EHIKIAN, AMY GLEASON, SERGIO GOR, PETE MAROCCO, DONALD J. TRUMP, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION ( Filing fee $ 405 receipt number ADCDC-11524076) filed by WARD BREHM. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons)(Girard, Bradley) (Entered: 03/06/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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Case Assigned/Reassigned

.Order AND ~Util - Set/Reset Deadlines/Hearings

NOTICE of Appearance by Bradley Girard on behalf of WARD BREHM (Girard, Bradley) (Entered: 03/06/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joel McElvain, Filing fee $ 100, receipt number ADCDC-11524091. Fee Status: Fee Paid. by WARD BREHM. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Girard, Bradley) (Entered: 03/06/2025)

NOTICE of Appearance by Skye Perryman on behalf of WARD BREHM (Perryman, Skye) (Entered: 03/06/2025)

NOTICE of Appearance by Robin F. Thurston on behalf of WARD BREHM (Thurston, Robin) (Entered: 03/06/2025)

NOTICE of Appearance by John Bardo on behalf of PETE MAROCCO, SERGIO GOR, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, AMY GLEASON, STEPHEN EHIKIAN, DONALD J. TRUMP (Bardo, John) (Entered: 03/06/2025)

MOTION for Temporary Restraining Order by WARD BREHM. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Text of Proposed Order)(Girard, Bradley) (Entered: 03/06/2025)

1 Memorandum in Support

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9 Text of Proposed Order

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Case Assigned to Judge Richard J. Leon. (zsl)

SUMMONS (9) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 03/06/2025)

MINUTE ORDER. Pending before the Court is plaintiff's 7 Motion for an Immediate Administrative Stay and a Temporary Restraining Order. The Court received the motion at 4:52 p.m. Counsel for the defendants have not yet had an opportunity to file a response, and the Court has not had the benefit of a written submission by the defendants. Given the significant statutory and constitutional issues involved, the Court will defer ruling on the motion until after it has received and considered the defendants position. In the interim, the Court will issue a brief administrative stay. An administrative stay "buys the court time to deliberate": it "do[es] not typically reflect the courts consideration of the merits," but instead "reflects a first-blush judgment about the relative consequences" of the case. United States v. Texas, 144 S. Ct. 797, 798 (2024) (Barrett, J., concurring). Administrative stays are common in appellate courts and my Colleagues have recognized their applicability in cases seeking emergency relief. See Order, National Council of Nonprofits, et al. v. Office of Management and Budget, No. 25-cv-605-LLA, ECF No. 13 (D.D.C. filed Jan. 28, 2025) (granting administrative stay); Min. Order, Dellinger v. Bessent, No. 25-cv-385-ABJ (D.D.C. filed Feb. 10, 2025) (granting administrative stay). Therefore, it is hereby ORDERED that an ADMINISTRATIVE STAY is entered until 5:00 p.m. on March 11, 2025. It is further ORDERED that defendants shall respond to plaintiff's request for a temporary restraining order by 12:00 p.m. on March 10, and that plaintiff shall file a reply, if any, by 10:00 a.m. on March 11, 2025. The parties shall convene for a hearing on plaintiff's motion at 2:00 p.m. on March 11, 2024, in Courtroom 18, before Judge Richard J. Leon (In Person). It is further ORDERED that during the pendency of the stay, defendants are prohibited from taking the following actions: (1) "[Ward Brehm] may not be removed from his office as President of USADF, or in any way be treated as having been removed, denied or obstructed in accessing any of the benefits or resources of his office, or otherwise be obstructed from his ability to carry out his duties, absent a decision by the lawfully-constituted Board of USADF to remove him from that office," and (2) "the [d]efendants may not appoint Pete Marocco or any other person as an acting member of the Board of USADF, may not appoint Pete Marocco or any other person as President of USADF in place of [p]laintiff, or otherwise recognize any other person as a member of the Board of USADF absent Senate confirmation or as President of USADF absent appointment by a lawfully-constituted Board." Mot. for TRO [Dkt. #7] at 12. SO ORDERED. Signed by Judge Richard J. Leon on 3/6/2025. (lcrjl2)

MINUTE ORDER. Pending before the Court is plaintiff's 7 Motion for an Immediate Administrative Stay and a Temporary Restraining Order. The Court received the motion at 4:52 p.m. Counsel for the defendants have not yet had an opportunity to file a response, and the Court has not had the benefit of a written submission by the defendants. Given the significant statutory and constitutional issues involved, the Court will defer ruling on the motion until after it has received and considered the defendants position. In the interim, the Court will issue a brief administrative stay. An administrative stay "buys the court time to deliberate": it "do[es] not typically reflect the courts consideration of the merits," but instead "reflects a first-blush judgment about the relative consequences" of the case. United States v. Texas, 144 S. Ct. 797, 798 (2024) (Barrett, J., concurring). Administrative stays are common in appellate courts and my Colleagues have recognized their applicability in cases seeking emergency relief. See Order, National Council of Nonprofits, et al. v. Office of Management and Budget, No. 25-cv-605-LLA, ECF No. 13 (D.D.C. filed Jan. 28, 2025) (granting administrative stay); Min. Order, Dellinger v. Bessent, No. 25-cv-385-ABJ (D.D.C. filed Feb. 10, 2025) (granting administrative stay). Therefore, it is hereby ORDERED that an ADMINISTRATIVE STAY is entered until 5:00 p.m. on March 11, 2025. It is further ORDERED that defendants shall respond to plaintiff's request for a temporary restraining order by 12:00 p.m. on March 10, and that plaintiff shall file a reply, if any, by 10:00 a.m. on March 11, 2025. The parties shall convene for a hearing on plaintiff's motion at 2:00 p.m. on March 11, 2025, in Courtroom 18, before Judge Richard J. Leon (In Person). It is further ORDERED that during the pendency of the stay, defendants are prohibited from taking the following actions: (1) "[Ward Brehm] may not be removed from his office as President of USADF, or in any way be treated as having been removed, denied or obstructed in accessing any of the benefits or resources of his office, or otherwise be obstructed from his ability to carry out his duties, absent a decision by the lawfully-constituted Board of USADF to remove him from that office," and (2) "the [d]efendants may not appoint Pete Marocco or any other person as an acting member of the Board of USADF, may not appoint Pete Marocco or any other person as President of USADF in place of [p]laintiff, or otherwise recognize any other person as a member of the Board of USADF absent Senate confirmation or as President of USADF absent appointment by a lawfully-constituted Board." Mot. for TRO [Dkt. #7] at 12. SO ORDERED. Signed by Judge Richard J. Leon on 3/6/2025. (lcrjl2) Modified to correct year on 3/7/2025 (smc).

NOTICE of Appearance by Joel L. McElvain on behalf of WARD BREHM (McElvain, Joel) (Entered: 03/10/2025)

MOTION for Summary Judgment by OXFAM AMERICA, INC., AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Exhibit List, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7, # 11 Exhibit 8, # 12 Exhibit 9, # 13 Exhibit 10, # 14 Exhibit 11, # 15 Exhibit 12, # 16 Exhibit 13, # 17 Exhibit 14, # 18 Exhibit 15, # 19 Exhibit 16, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Text of Proposed Order)(Golden, Kaitlyn) (Entered: 03/10/2025)

.Order AND ~Util - Set/Reset Hearings

Memorandum in opposition to re 7 Motion for TRO, filed by PETE MAROCCO, SERGIO GOR, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, AMY GLEASON, STEPHEN EHIKIAN, DONALD J. TRUMP. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Bardo, John) (Entered: 03/10/2025)

1

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MOTION to Expedite Briefing on Summary Judgment by OXFAM AMERICA, INC., AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Golden, Kaitlyn) (Entered: 03/10/2025)

MINUTE ORDER. It is hereby ORDERED that the hearing on plaintiff's temporary restraining order motion currently scheduled for March 11, 2025 at 2:00 PM is VACATED and RESET for March 11, 2025 at 3:00 PM (same day, just 1 hour later) in Courtroom 18 (In Person) before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 3/10/2025. (lcrjl2)

NOTICE of Appearance by Abhishek Kambli on behalf of All Defendants (Kambli, Abhishek) (Entered: 03/10/2025)

REPLY to opposition to motion re 7 Motion for TRO, filed by WARD BREHM. (Attachments: # 1 Exhibit Supp. Feleke Decl., # 2 Exhibit USADF memo to Congress, # 3 Exhibit McElvain Decl., # 4 Exhibit Emails between counsel, # 5 Text of Proposed Order)(Girard, Bradley) (Entered: 03/11/2025)

1 Exhibit Supp. Feleke Decl.

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2 Exhibit USADF memo to Congress

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3 Exhibit McElvain Decl.

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4 Exhibit Emails between counsel

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5 Text of Proposed Order

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MOTION for Temporary Restraining Order by OXFAM AMERICA, INC., AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Golden, Kaitlyn) (Entered: 03/11/2025)

1 Text of Proposed Order

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Motion Hearing AND ~Util - Set/Reset Deadlines

NOTICE OF SUPPLEMENTAL AUTHORITY by PETE MAROCCO, SERGIO GOR, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, AMY GLEASON, STEPHEN EHIKIAN, DONALD J. TRUMP (Attachments: # 1 Exhibit Dellinger v. Bessent)(Bardo, John) (Entered: 03/11/2025)

1 Exhibit Dellinger v. Bessent

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MINUTE ORDER. In light of Plaintiff's 53 Motion for Temporary Restraining Order, it is ORDERED that by 10:00am on March 12, 2025, the Parties shall meet, confer, and file a Joint Status Report addressing a proposed briefing schedule for the 53 Motion. The Parties may also address any other issues that they believe will be helpful to the Court. Any disagreements should be noted in the Joint Status Report. So ORDERED by Judge Carl J. Nichols on 3/11/25. (lccjn1)

RESPONSE re 13 NOTICE OF SUPPLEMENTAL AUTHORITY filed by WARD BREHM. (Girard, Bradley) Modified event on 3/12/2025 (mg). (Entered: 03/11/2025)

NOTICE of Appearance by Michael Patrick Clendenen on behalf of DONALD J. TRUMP, UNITED STATES DEPARTMENT OF STATE, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES TREASURY DEPARTMENT, MARCO RUBIO, SCOTT BESSENT (Clendenen, Michael) (Entered: 03/11/2025)

Memorandum in opposition to re 52 Motion to Expedite filed by DONALD J. TRUMP, UNITED STATES DEPARTMENT OF STATE, UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, UNITED STATES TREASURY DEPARTMENT, MARCO RUBIO, SCOTT BESSENT. (Clendenen, Michael) (Entered: 03/11/2025)

Minute Entry for Motion Hearing held on 3/11/2025 before Judge Richard J. Leon: re 7 MOTION for Temporary Restraining Order. Oral Arguments heard and TAKEN UNDER ADVISEMENT. Order forthcoming from Chambers. Preliminary Injunction Motion due by 5pm on 3/12/2025. Court Reporter: Lisa Edwards. (smc)

ORDER denying 7 Motion for Temporary Restraining Order. It is further ORDERED that the parties shall meet and confer regarding further proceedings. The parties shall file a proposed briefing schedule for a preliminary injunction and state their positions on consolidating the merits with the preliminary injunction by 5:00 PM on March 12, 2025. For clarity, plaintiff's motion for preliminary injunction itself is not due tomorrow. See attached Memorandum Order for details. SO ORDERED. Signed by Judge Richard J. Leon on 3/11/2025. (lcrjl2) (Entered: 03/11/2025)

STATUS REPORT by PETE MAROCCO, SERGIO GOR, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, AMY GLEASON, STEPHEN EHIKIAN, DONALD J. TRUMP. (Bardo, John) (Entered: 03/12/2025)

.Order AND ~Util - Set/Reset Deadlines/Hearings

NOTICE of Plaintiff's proposed briefing schedule by WARD BREHM (Girard, Bradley) (Entered: 03/12/2025)

MINUTE ORDER. Upon consideration of the parties status reports, it is hereby ORDERED that the following briefing schedule shall apply in this case: Plaintiffs motion for preliminary injunction and summary judgment due March 21, 2025. // Defendants opposition and cross motion for summary judgment due March 31, 2025. // Plaintiff reply brief due April 4, 2025. Defendants reply brief due April 9, 2025. The parties shall convene for a hearing on the motions on April 16, 2025 at 3:00 PM in Courtroom 18 before Judge Richard J. Leon (In Person). SO ORDERED. Signed by Judge Richard J. Leon on 3/12/2025. (lcrjl2)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER. It is hereby ORDERED that 3 Motion for Leave to Appear Pro Hac Vice is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. SO ORDERED. Signed by Judge Richard J. Leon on 3/13/2025. (lcrjl2)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Orlando Economos, Filing fee $ 100, receipt number ADCDC-11543426. Fee Status: Fee Paid. by WARD BREHM. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Girard, Bradley) (Entered: 03/14/2025)

1 Declaration

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2 Certificate of Good Standing

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TRANSCRIPT OF MOTION FOR TEMPORARY RESTRAINING ORDER before Judge Richard J. Leon held on March 11, 2025; Page Numbers: 1-37. Date of Issuance: March 18, 2025. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. 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 4/8/2025. Redacted Transcript Deadline set for 4/18/2025. Release of Transcript Restriction set for 6/16/2025.(Edwards, Lisa) (Entered: 03/18/2025)

MOTION for Summary Judgment, MOTION for Preliminary Injunction by WARD BREHM. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Text of Proposed Order)(McElvain, Joel) (Entered: 03/21/2025)

ERRATA Corrected Statement of Undisputed Material Facts by WARD BREHM re 20 Motion for Summary Judgment,, Motion for Preliminary Injunction,. (McElvain, Joel) (Entered: 03/21/2025)