Case: Schiff v. U.S. Office of Personnel Management

Schiff et al. v. U.S. Office of Personnel Management et al.

Charles Ezell

President Donald Trump

COMPLAINT against All Defendants Filing fee: $ 405, receipt number AMADC-10887631 (Fee Status: Filing Fee paid), filed by Gordon Schiff, Celeste Royce. (Attachments: # 1 Civil Cover Sheet Exhibit A - Civil Cover Sheet, # 2 Category Form Exhibit B - Category Form)(Rossman, Jessie) (Entered: 03/12/2025)

1 Civil Cover Sheet Exhibit A - Civil Cover Sheet

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2 Category Form Exhibit B - Category Form

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NOTICE of Appearance by Rachel Elizabeth Davidson on behalf of Gordon Schiff, Celeste Royce (Davidson, Rachel) (Entered: 03/12/2025)

ELECTRONIC NOTICE of Case Assignment. District Judge Leo T. Sorokin assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jessica D. Hedges. (NMC) (Entered: 03/12/2025)

Notice of Case Assignment

Summons Issued as to Agency for Healthcare Research and Quality, Charles Ezell, Robert F. Kennedy, Jr., Mamatha S. Pancholi, U.S. Department of Health and Human Services, U.S. Office of Personnel Management. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (LBO) (Entered: 03/13/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Vera Eidelman Filing fee: $ 125, receipt number AMADC-10893251 by Gordon Schiff, Celeste Royce. (Attachments: # 1 Certificate -)(Rossman, Jessie) (Entered: 03/14/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Scarlet Kim Filing fee: $ 125, receipt number AMADC-10893311 by Gordon Schiff, Celeste Royce. (Attachments: # 1 Exhibit Certificate)(Rossman, Jessie) (Entered: 03/14/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of Tyler Takemoto Filing fee: $ 125, receipt number AMADC-10893336 by Gordon Schiff, Celeste Royce. (Attachments: # 1 Exhibit A - Certificate)(Rossman, Jessie) (Entered: 03/14/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of John Langford Filing fee: $ 125, receipt number AMADC-10893346 by Gordon Schiff, Celeste Royce. (Attachments: # 1 Exhibit A - Certificate)(Rossman, Jessie) (Entered: 03/14/2025)

MOTION for Leave to Appear Pro Hac Vice for admission of David Schulz Filing fee: $ 125, receipt number AMADC-10893412 by Gordon Schiff, Celeste Royce. (Attachments: # 1 Exhibit A - Certificate)(Rossman, Jessie) (Entered: 03/14/2025)

MOTION for Leave to File Appearance as Supervised Law Students by Gordon Schiff, Celeste Royce.(Rossman, Jessie) (Entered: 03/14/2025)

MEMORANDUM in Support re 10 MOTION for Leave to File Appearance as Supervised Law Students filed by Gordon Schiff, Celeste Royce. (Attachments: # 1 Exhibit A - Client Certification, # 2 Exhibit B - Deans Certification, # 3 Exhibit C - B.Menke Student Certification, # 4 Exhibit D - B.Morales Student Certification, # 5 Exhibit E - J.Lin Student Certification)(Rossman, Jessie) (Entered: 03/14/2025)

1 Exhibit A - Client Certification

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2 Exhibit B - Deans Certification

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3 Exhibit C - B.Menke Student Certification

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4 Exhibit D - B.Morales Student Certification

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5 Exhibit E - J.Lin Student Certification

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District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice Added Vera Eidelman. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 03/17/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 6 Motion for Leave to Appear Pro Hac Vice Added Scarlet Kim. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 03/17/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 7 Motion for Leave to Appear Pro Hac Vice Added Tyler Takemoto. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 03/17/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 8 Motion for Leave to Appear Pro Hac Vice Added John Langford. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 03/17/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered granting 9 Motion for Leave to Appear Pro Hac Vice Added David Schulz. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number under ADDITIONAL FILER INFORMATION on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (FGD) (Entered: 03/17/2025)

NOTICE of Appearance by Zoe Kreitenberg on behalf of Gordon Schiff, Celeste Royce (Kreitenberg, Zoe) (Entered: 03/17/2025)

Order on Motion for Leave to Appear

NOTICE of Appearance by John Langford on behalf of Gordon Schiff, Celeste Royce (Langford, John) (Entered: 03/19/2025)

NOTICE of Appearance by Vera Eidelman on behalf of Gordon Schiff, Celeste Royce (Eidelman, Vera) (Entered: 03/19/2025)

NOTICE of Appearance by Tyler Takemoto on behalf of Gordon Schiff, Celeste Royce (Takemoto, Tyler) (Entered: 03/20/2025)

NOTICE of Appearance by Scarlet Kim on behalf of Gordon Schiff, Celeste Royce (Kim, Scarlet) (Entered: 03/20/2025)

MOTION for Leave to File Excess Pages by Gordon Schiff, Celeste Royce.(Rossman, Jessie) (Entered: 03/24/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 22 MOTION for Leave to File Excess Pages.ALLOWED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (FGD) (Entered: 03/25/2025)

Order on Motion for Leave to File Excess Pages

AFFIDAVIT OF SERVICE Executed by Celeste Royce, Gordon Schiff. All Defendants. Acknowledgement filed by Celeste Royce, Gordon Schiff. (Attachments: # 1 Exhibit A - Proof of Service, # 2 Exhibit B - Proof of Service, # 3 Exhibit C - Proof of Service, # 4 Exhibit D - Proof of Service, # 5 Exhibit E - Proof of Service)(Rossman, Jessie) (Entered: 03/26/2025)

MOTION for Preliminary Injunction by Gordon Schiff, Celeste Royce. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Plaintiffs' Motion for a Preliminary Injunction)(Kim, Scarlet) (Entered: 04/01/2025)

1 Text of Proposed Order Proposed Order Granting Plaintiffs' Motion for a Pre

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MEMORANDUM in Support re 25 MOTION for Preliminary Injunction filed by Gordon Schiff, Celeste Royce. (Attachments: # 1 Affidavit Declaration of Attorney John Langford, # 2 Affidavit Declaration of Gordon Schiff, # 3 Affidavit Declaration of Celeste Royce)(Kim, Scarlet) (Entered: 04/01/2025)

1 Affidavit Declaration of Attorney John Langford

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2 Affidavit Declaration of Gordon Schiff

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3 Affidavit Declaration of Celeste Royce

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NOTICE of Appearance by Shawna Yen on behalf of U.S. Office of Personnel Management, Charles Ezell, Robert F. Kennedy, Jr., U.S. Department of Health and Human Services, Agency for Healthcare Research and Quality, Mamatha S. Pancholi (Yen, Shawna) (Entered: 04/01/2025)

Letter/request (non-motion) from John Langford, Counsel for Plaintiffs re: Plaintiffs Motion to Grant Leave to Appear as Supervised Law Students, ECF No. 10. (Langford, John) (Entered: 04/01/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 10 MOTION for Leave to Appear as Supervised Law Students.ALLOWED as unopposed. (FGD) (Entered: 04/02/2025)

NOTICE of Appearance by David A. Schulz on behalf of Gordon Schiff, Celeste Royce (Schulz, David) (Entered: 04/02/2025)

Order on Motion for Leave to File Document

MOTION for Leave to File Excess Pages by U.S. Office of Personnel Management, Charles Ezell, Robert F. Kennedy, Jr., U.S. Department of Health and Human Services, Agency for Healthcare Research and Quality, Mamatha S. Pancholi.(Yen, Shawna) (Entered: 04/11/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 31 MOTION for Leave to File Excess Pages.ALLOWED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (FGD) (Entered: 04/14/2025)

MEMORANDUM in Opposition re 25 MOTION for Preliminary Injunction filed by U.S. Office of Personnel Management, Charles Ezell, Robert F. Kennedy, Jr., U.S. Department of Health and Human Services, Agency for Healthcare Research and Quality, Mamatha S. Pancholi. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Yen, Shawna) (Entered: 04/14/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Order on Motion for Leave to File Excess Pages

MOTION for Leave to File Reply in Further Support of Plaintiffs' Motion for a Preliminary Injunction, ECF No. 25 by Gordon Schiff, Celeste Royce.(Langford, John) (Entered: 04/15/2025)

District Judge Leo T. Sorokin: ORDER entered. New Civil Cases General Procedural ORDER. (FGD) (Entered: 04/15/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 34 MOTION for Leave to File Reply in Further Support of Plaintiffs' Motion for a Preliminary Injunction, ECF No. 25 .ALLOWED. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (FGD) (Entered: 04/16/2025)

Order on Motion for Leave to File Document

REPLY to Response to 25 MOTION for Preliminary Injunction filed by Gordon Schiff, Celeste Royce. (Attachments: # 1 Affidavit Second Declaration of Attorney John Langford)(Kim, Scarlet) (Entered: 04/22/2025)

ELECTRONIC NOTICE Setting Hearing on Motion 25 MOTION for Preliminary Injunction : Motion Hearing set for 5/21/2025 02:00 PM in Courtroom 13 (In person only) before District Judge Leo T. Sorokin. (SED) (Entered: 04/29/2025)

Notice Setting or Resetting Hearing on Motion

Assented to MOTION for Extension of Time to 06/16/2025 to File Answer re 1 Complaint by Agency for Healthcare Research and Quality, Charles Ezell, Robert F. Kennedy, Jr., Mamatha S. Pancholi, U.S. Department of Health and Human Services, U.S. Office of Personnel Management.(Yen, Shawna) Modified on 5/8/2025 (FGD). (Entered: 05/08/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 39 Assented to MOTION for Extension of Time to 06/16/2025 to File Answer re 1 Complaint.ALLOWED. Agency for Healthcare Research and Quality answer due 6/16/2025; Charles Ezell answer due 6/16/2025; Robert F. Kennedy, Jr. answer due 6/16/2025; Mamatha S. Pancholi answer due 6/16/2025; U.S. Department of Health and Human Services answer due 6/16/2025; U.S. Office of Personnel Management answer due 6/16/2025. (FGD) (Entered: 05/09/2025)

Order on Motion for Extension of Time to Answer

Electronic Clerk's Notes for proceedings held before District Judge Leo T. Sorokin: Motion Hearing held on 5/21/2025 re 25 MOTION for Preliminary Injunction. The court hears arguments on the motion. The matter is taken under advisement. If the parties want to participate in mediation to file something on the docket. (Court Reporter: Debra Kane at debrakane0711@gmail.com.)(Attorneys present: Scarlet Kim, John Langford, Rachel Davidson, Vera Eidelman, Ben Menke,(law student) Bryce Morales (law student) for plaintiffs Shawna Yen for defendants.) (SED) (Entered: 05/21/2025)

Motion Hearing

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. The parties reported that not all parties request mediation, thus the Court will not refer the case to the mediation program. (SED) (Entered: 05/22/2025)

Order

District Judge Leo T. Sorokin: ORDER entered. ORDER ON MOTION FOR A PRELIMINARY INJUNCTION (DOC. NO. 25 ). (FGD) (Entered: 05/23/2025)

District Judge Leo T. Sorokin: ORDER entered. PRELIMINARY INJUNCTION. (FGD) (Entered: 05/23/2025)

Transcript of Motion Hearing held on May 21, 2025, before Judge Leo T. Sorokin. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Kane at debrakane0711@gmail.com. Redaction Request due 7/1/2025. Redacted Transcript Deadline set for 7/11/2025. Release of Transcript Restriction set for 9/8/2025. (DRK) (Entered: 06/10/2025)

NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (DRK) (Entered: 06/10/2025)

Notice of Filing of Official Transcript

MOTION to Dismiss for Lack of Jurisdiction (subject matter) by Agency for Healthcare Research and Quality, Charles Ezell, Robert F. Kennedy, Jr., Mamatha S. Pancholi, U.S. Department of Health and Human Services, U.S. Office of Personnel Management.(Yen, Shawna) (Entered: 06/16/2025)

MEMORANDUM in Support re 47 MOTION to Dismiss for Lack of Jurisdiction (subject matter) filed by Agency for Healthcare Research and Quality, Charles Ezell, Robert F. Kennedy, Jr., Mamatha S. Pancholi, U.S. Department of Health and Human Services, U.S. Office of Personnel Management. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Yen, Shawna) (Entered: 06/16/2025)

1 Exhibit A

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2 Exhibit B

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Joint MOTION for Extension of Time to July 14, 2025 and July 28, 2025 to File Response and Reply by Celeste Royce, Gordon Schiff.(Kim, Scarlet) Modified on 6/26/2025: Updated docketing event. (SED). (Entered: 06/25/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 49 Joint MOTION for Extension of Time to July 14, 2025 and July 28, 2025 to File Response and Reply. ALLOWED. (SED) (Entered: 06/26/2025)

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

Opposition re 47 MOTION to Dismiss for Lack of Jurisdiction (subject matter) filed by Celeste Royce, Gordon Schiff. (Kim, Scarlet) (Entered: 07/14/2025)

REPLY to Response to 47 MOTION to Dismiss for Lack of Jurisdiction (subject matter) filed by Agency for Healthcare Research and Quality, Charles Ezell, Robert F. Kennedy, Jr., Mamatha S. Pancholi, U.S. Department of Health and Human Services, U.S. Office of Personnel Management. (Attachments: # 1 Exhibit A)(Yen, Shawna) (Entered: 07/28/2025)

NOTICE of Withdrawal of Appearance by Zoe Kreitenberg (Kreitenberg, Zoe) (Entered: 08/07/2025)

District Judge Leo T. Sorokin: ORDER entered. ORDER ON DEFENDANTS' MOTION TO DISMISS (DOC. NO. 47 ). (FGD) (Entered: 09/03/2025)

NOTICE of Scheduling Conference: Scheduling Conference set for 9/25/2025 10:00 AM in Courtroom 13 (Remote only) before District Judge Leo T. Sorokin. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here. (Attachments: # 1 Sample Scheduling Order, # 2 Standing Order on Summary Judgment motions)(SED) (Entered: 09/03/2025)

1 Sample Scheduling Order

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2 Standing Order on Summary Judgment motions

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CERTIFICATION pursuant to Local Rule 16.1 . (Yen, Shawna) (Entered: 09/18/2025)

JOINT STATEMENT re scheduling conference . (Kim, Scarlet) (Main Document 57 replaced on 9/19/2025, detached from exhibit) (FGD). (Additional attachment(s) added on 9/19/2025: # 1 Exhibit 1) (FGD). (Entered: 09/18/2025)

CERTIFICATION pursuant to Local Rule 16.1 . (Kim, Scarlet) (Entered: 09/18/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered. re 57 JOINT STATEMENT re scheduling conference. The Court ADOPTS the schedule proposed jointly by the parties as the governing schedule. At the request of the parties, the Court CANCELS the Rule 16 conference set for 9/25/2025. Plaintiffs Motion for Summary Judgment to be filed October 28, 2025. Defendants' Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment to be filed November 25, 2025. Plaintiffs' Opposition to Defendants' Motion for Summary Judgment and Reply in Support of Motion for Summary Judgment to be filed December 9, 2025. Defendants' Reply in Support of Motion for Summary Judgment and Surreply in Opposition to Plaintiffs' Motion to be filed December 23, 2025. (SED) (Entered: 09/19/2025)

1 - Terminate Hearings AND Order AND ~Util - Set Deadlines

Joint MOTION for Extension of Time to to extend deadlines of joint case management statement by Agency for Healthcare Research and Quality, Charles Ezell, Robert F. Kennedy, Jr., Mamatha S. Pancholi, U.S. Department of Health and Human Services, U.S. Office of Personnel Management.(Yen, Shawna) (Entered: 09/30/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 60 Joint MOTION for Extension of Time to extend deadlines of joint case management statement.ALLOWED. (FGD) (Entered: 10/01/2025)

Order on Motion for Extension of Time

NOTICE of Withdrawal of Appearance by Tyler Takemoto (Takemoto, Tyler) (Entered: 10/06/2025)

MOTION to Stay by Agency for Healthcare Research and Quality, Charles Ezell, Robert F. Kennedy, Jr., Mamatha S. Pancholi, U.S. Department of Health and Human Services, U.S. Office of Personnel Management.(Yen, Shawna) (Entered: 10/07/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 63 Motion to Stay.ALLOWED. The certified administrative record is due 14 days after funding is restored to the relevant agencies, and the summary-judgment briefing schedule will proceed thereafter with deadlines following at the same intervals proposed by the parties (Doc. No. 60 at 2) and previously adopted by the Court. (FGD) (Entered: 10/08/2025)

Order on Motion to Stay

NOTICE by Agency for Healthcare Research and Quality, Charles Ezell, Robert F. Kennedy, Jr., Mamatha S. Pancholi, U.S. Department of Health and Human Services, U.S. Office of Personnel Management re: Restoration of Appropriations (Yen, Shawna) (Entered: 11/14/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered re: 65 NOTICE by Agency for Healthcare Research and Quality, Charles Ezell, Robert F. Kennedy, Jr., Mamatha S. Pancholi, U.S. Department of Health and Human Services, U.S. Office of Personnel Management re: Restoration of Appropriations.Joint status report regarding scheduling due November 20, 2025. (FGD) (Entered: 11/17/2025)

Order AND ~Util - Set Deadlines

STATUS REPORT and Proposed Joint Schedule by Agency for Healthcare Research and Quality, Charles Ezell, Robert F. Kennedy, Jr., Mamatha S. Pancholi, U.S. Department of Health and Human Services, U.S. Office of Personnel Management. (Yen, Shawna) (Entered: 11/18/2025)

District Judge Leo T. Sorokin: ELECTRONIC ORDER entered: re 67 Status Report. The Court adopts the schedule proposed jointly by the parties. (SED) (Entered: 11/19/2025)

Order