Case: American Federation of Government Employees AFL-CIO v. Noem

American Federation of Government Employees v. Noem

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against defendant(s) Kristi Noem, Adam Stahl, Transportation Security Administration, U.S. Department of Homeland Security (Receipt # AWAWDC-8880571) Attorney Robert H Lavitt added to party American Federation of Government Employees AFL-CIO(pty:pla), Attorney Robert H Lavitt added to party American Federation of Government Employees AFL-CIO TSA Local 1121(pty:pla), Attorney Robert H Lavitt added to party Communications Workers of America AFL-CIO(pty:pla), Attorney Robert H Lavitt added to party Association of Flight Attendants-CWA AFL-CIO (pty:pla) filed by Communications Workers of America AFL-CIO, American Federation of Government Employees AFL-CIO TSA Local 1121, American Federation of Government Employees AFL-CIO, Association of Flight Attendants-CWA AFL-CIO. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Lavitt, Robert) (Entered: 03/13/2025)

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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5 Summons

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6 Summons

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7 Summons

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CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Association of Flight Attendants-CWA AFL-CIO. (Lavitt, Robert) (Entered: 03/14/2025)

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by American Federation of Government Employees AFL-CIO. (Lavitt, Robert) (Entered: 03/14/2025)

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by American Federation of Government Employees AFL-CIO TSA Local 1121. (Lavitt, Robert) (Entered: 03/14/2025)

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Communications Workers of America AFL-CIO. (Lavitt, Robert) (Entered: 03/14/2025)

Summons(es) Electronically Issued as to Teal Luthy Miller, Adam Stahl, Kristi Noem, Pam Bondi, Transportation Security Administration, and United States Department of Homeland Security. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(AVC) (Entered: 03/14/2025)

Add and Terminate Judges

Judge Marsha J. Pechman added. (AVC)

APPLICATION OF ATTORNEY J. Alexander Rowell FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8889375 (Lavitt, Robert) (Entered: 03/19/2025)

APPLICATION OF ATTORNEY Abigail V. Carter FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8889398 (Lavitt, Robert) (Entered: 03/19/2025)

ORDER re 7 Application for Leave to Appear Pro Hac Vice, 8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorneys James Alexander Rowell and Abigail V Carter for Plaintiffs American Federation of Government Employees AFL-CIO, American Federation of Government Employees AFL-CIO TSA Local 1121, Association of Flight Attendants-CWA AFL-CIO, Communications Workers of America AFL-CIO, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(AVC) (Entered: 03/19/2025)

APPLICATION OF ATTORNEY Rushab B. Sanghvi FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff American Federation of Government Employees AFL-CIO (Fee Paid) Receipt No. AWAWDC-8890960 (Lavitt, Robert) (Entered: 03/19/2025)

APPLICATION OF ATTORNEY Andres M. Grajales FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff American Federation of Government Employees AFL-CIO (Fee Paid) Receipt No. AWAWDC-8890981 (Lavitt, Robert) (Entered: 03/19/2025)

Order on Application for Leave to Appear Pro Hac Vice

Notice to PHV and Local Counsel Unable to Process Application

Application for Leave to Appear Pro Hac Vice 10, Application for Leave to Appear Pro Hac Vice 11 by attorney Rushab B. Sanghvi and Andres M. Grajales will not be processed at this time. The Pro Hac attorney must submit a Pro Hac Vice access request via Manage My Account on PACER, under the Maintenance tab. See page 2 of the Pro Hac Vice Application Guide for detailed instructions. Please contact the Attorney Admissions Clerk at 206-370-8400 or WAWD_Admissions@wawd.uscourts.gov with additional questions. (Ad hoc Attorney Rushab B. Sanghvi and Andres M. Grajales) (HH)

ORDER re 11 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Andres Myles Grajales for Plaintiff American Federation of Government Employees AFL-CIO, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 03/21/2025)

Order on Application for Leave to Appear Pro Hac Vice

ORDER re 10 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Rushab Sanghvi for Plaintiff American Federation of Government Employees AFL-CIO, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 03/25/2025)

Order on Application for Leave to Appear Pro Hac Vice

APPLICATION OF ATTORNEY Pooja Chaudhuri FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8906249 (Lavitt, Robert) (Entered: 03/31/2025)

APPLICATION OF ATTORNEY Norman Eisen FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8906256 (Lavitt, Robert) (Entered: 03/31/2025)

ORDER re 15 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Norman Larry Eisen for Plaintiffs American Federation of Government Employees AFL-CIO, American Federation of Government Employees AFL-CIO TSA Local 1121, Association of Flight Attendants-CWA AFL-CIO, and the Communications Workers of America AFL-CIO, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(AVC) (Entered: 03/31/2025)

Notice to PHV and Local Counsel Unable to Process Application

Order on Application for Leave to Appear Pro Hac Vice

Application for Leave to Appear Pro Hac Vice 14 by attorney Pooja Chaudhuri will not be processed at this time. The Pro Hac attorney must submit a Pro Hac Vice access request via Manage My Account on PACER, under the Maintenance tab. See page 2 of the Pro Hac Vice Application Guide for detailed instructions. Please contact the Attorney Admissions Clerk at 206-370-8400 or WAWD_Admissions@wawd.uscourts.gov with additional questions. (Ad hoc Attorney Pooja Chaudhuri) (AVC)

ORDER re 14 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Pooja Chaudhuri for Plaintiffs American Federation of Government Employees AFL-CIO, American Federation of Government Employees AFL-CIO TSA Local 1121, Association of Flight Attendants-CWA AFL-CIO, and the Communications Workers of America AFL-CIO, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(AVC) (Entered: 04/01/2025)

Order on Application for Leave to Appear Pro Hac Vice

MOTION for Preliminary Injunction, filed by Plaintiffs' American Federation of Government Employees AFL-CIO and American Federation of Government Employees AFL-CIO TSA Local 1121 All Plaintiffs. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 5/9/2025, (Lavitt, Robert) Modified to correct filing parties on 4/8/2025 (MJV). (Entered: 04/04/2025)

DECLARATION of Amelia Glymph filed by Plaintiffs American Federation of Government Employees AFL-CIO, American Federation of Government Employees AFL-CIO TSA Local 1121 re 18 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Exhibits 1-8)(Lavitt, Robert) (Entered: 04/04/2025)

DECLARATION of Scott Lewis filed by Plaintiffs American Federation of Government Employees AFL-CIO, American Federation of Government Employees AFL-CIO TSA Local 1121 re 18 MOTION for Preliminary Injunction (Lavitt, Robert) (Entered: 04/04/2025)

CERTIFICATE OF SERVICE by Plaintiffs American Federation of Government Employees AFL-CIO, American Federation of Government Employees AFL-CIO TSA Local 1121 re 18 MOTION for Preliminary Injunction, 20 Declaration, 19 Declaration, (Lavitt, Robert) (Entered: 04/07/2025)

CERTIFICATE OF SERVICE by All Plaintiffs re 6 Summons Issued, 1 Complaint,,, (Attachments: # 1 Exhibit A)(Lavitt, Robert) (Entered: 04/07/2025)

CERTIFICATE OF SERVICE by Plaintiffs American Federation of Government Employees AFL-CIO, American Federation of Government Employees AFL-CIO TSA Local 1121 re 21 Certificate of Service, 18 MOTION for Preliminary Injunction, 20 Declaration, 19 Declaration, (Lavitt, Robert) (Entered: 04/14/2025)

NOTICE of Appearance by attorney Brian C Kipnis on behalf of Defendants Kristi Noem, United States Department of Homeland Security, Adam Stahl, Transportation Security Administration. (Kipnis, Brian) (Entered: 04/23/2025)

APPLICATION OF ATTORNEY Taryn Wilgus Null FOR LEAVE TO APPEAR PRO HAC VICE for All Plaintiffs (Fee Paid) Receipt No. AWAWDC-8947366 (Lavitt, Robert) (Entered: 04/25/2025)

RESPONSE, by All Defendants, to 18 MOTION for Preliminary Injunction . (Attachments: # 1 Proposed Order)(Kipnis, Brian) (Entered: 04/25/2025)

DECLARATION of Anthony Vincenzo filed by All Defendants re 18 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Kipnis, Brian) (Entered: 04/25/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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ORDER re 25 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Taryn Wilgus Null for Plaintiff American Federation of Government Employees AFL-CIO, American Federation of Government Employees AFL-CIO TSA Local 1121, Association of Flight Attendants-CWA AFL-CIO, and Communications Workers of America AFL-CIO, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 04/28/2025)

Order on Application for Leave to Appear Pro Hac Vice

MOTION for Leave to File Amicus Brief, filed by Amicus Americans for Fair Treatment. (Attachments: # 1 Proposed Amicus Brief, # 2 Exhibit Exhibit A to Amicus Brief, # 3 Exhibit Exhibit B to Amicus Brief, # 4 Exhibit Exhibit C to Amicus Brief, # 5 Proposed Order Granting Leave to File) Noting Date 4/29/2025, (Ard, Joel) (Entered: 04/29/2025)

NOTICE of Appearance by attorney Joel B Ard on behalf of Amicus Americans for Fair Treatment. (Ard, Joel) (Entered: 04/29/2025)

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Americans for Fair Treatment. (Ard, Joel) (Entered: 04/29/2025)

APPLICATION OF ATTORNEY David Dorey FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Americans for Fair Treatment (Fee Paid) Receipt No. CWAWDC-8952676 (Ard, Joel) (Entered: 04/29/2025)

ORDER re 32 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney David Dorey for Amicus Curiae Americans for Fair Treatment, by Clerk Ravi Subramanian. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 05/01/2025)

Order on Application for Leave to Appear Pro Hac Vice

REPLY, filed by Plaintiffs American Federation of Government Employees AFL-CIO, American Federation of Government Employees AFL-CIO TSA Local 1121, TO RESPONSE to 18 MOTION for Preliminary Injunction (Lavitt, Robert) (Entered: 05/02/2025)

DECLARATION of Chad E. Harris filed by Plaintiffs American Federation of Government Employees AFL-CIO, American Federation of Government Employees AFL-CIO TSA Local 1121 re 18 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1)(Lavitt, Robert) (Entered: 05/02/2025)

1 Exhibit 1

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Set/Reset Oral Argument on Motion

Set Oral Argument on 18 MOTION for Preliminary Injunction : The court will provide remote audio public access for this hearing. Access information can be found on the court's Calendar page at least 24 hours prior to the hearing. Motion Hearing set for 5/27/2025 at 01:15 PM before Judge Marsha J. Pechman. This hearing will be conducted remotely using Zoom.(GC)

MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: G Cogswell; Pla Counsel: Abigail Carter; Def Counsel: Brian Kipnis; CR: Marci Chatelain; Time of Hearing: 1:15PM; Courtroom: Zoom;Preliminary/Permanent Injunction Hearing held on 5/27/2025. The Court hears oral argument on the MOTION for Preliminary Injunction at Dkt. No. 18 . The Court takes this matter under advisement and will issue a written ruling by June 3, 2025. (GC) (Entered: 05/27/2025)

MOTION to Dismiss, filed by All Defendants. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 6/24/2025, (Kipnis, Brian) (Entered: 05/27/2025)

1 Proposed Order

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Preliminary/Permanent Injunction Hearing

TRANSCRIPT REQUEST by Plaintiffs American Federation of Government Employees AFL-CIO, American Federation of Government Employees AFL-CIO TSA Local 1121, Association of Flight Attendants-CWA AFL-CIO, Communications Workers of America AFL-CIO for proceedings held on 05/27/2025 re 36 Preliminary/Permanent Injunction Hearing,,. Requesting Attorney: Abigail V Carter.Posting of this Transcript Order form does not constitute an official request for transcript(s). If you have not already done so, you MUST contact the individual court reporter(s), Marci Chatelain (marci_chatelain@wawd.uscourts.gov, 206-370-8509) to make payment arrangements and secure your desired delivery time. (Carter, Abigail) (Entered: 05/29/2025)

ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION. This matter comes before the Court on Plaintiffs' Motion for Preliminary Injunction. (Dkt. No. 18 .) Having reviewed the Motion, Defendants' Response (Dkt. No. 26 ), the Reply (Dkt. No. [3 4]), and all supporting materials, and having held oral argument on 5/27/2025, the Court GRANTS the Motion and ENTERS a preliminary injunction as requested by Plaintiffs on the terms set forth in the Conclusion. Signed by Judge Marsha J. Pechman. (APH)

CLARIFYING ORDER RE: BOND. Further to the Court's Order on Plaintiffs' Motion for Preliminary Injunction (Dkt. No. 39 ), the Court ORDERS Plaintiffs to deposit a cash bond in the amount of $100 into the Court's registry. See Fed. R. Civ. P. 67. These funds may not be withdrawn except by further order of the Court. See Fed. R. Civ. P. 67(b); 28 U.S.C. § 2042. Signed by Judge Marsha J. Pechman. (APH) (Entered: 06/04/2025)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of the Preliminary Injunction Hearing held on 5/27/2025 before Judge Marsha J. Pechman.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Marci Chatelain, Marci_Chatelain@wawd.uscourts.gov. Release of Transcript Restriction set for 9/3/2025, (MC) (Entered: 06/05/2025)

RESPONSE, by All Plaintiffs, to 37 MOTION to Dismiss . (Lavitt, Robert) (Entered: 06/17/2025)

REPLY, filed by Defendants Kristi Noem, Adam Stahl, Transportation Security Administration, United States Department of Homeland Security, TO RESPONSE to 37 MOTION to Dismiss (Kipnis, Brian) (Entered: 06/24/2025)

NOTICE of Supplemental Authority by All Plaintiffs (Lavitt, Robert) (Entered: 06/26/2025)

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 9/8/2025, FRCP 26(f) Conference Deadline is 8/25/2025, Initial Disclosure Deadline is 9/2/2025, Signed by Judge Marsha J. Pechman. (GC) (Entered: 07/28/2025)

NOTICE of Supplemental Authority re 37 MOTION to Dismiss by All Defendants (Attachments: # 1 AFGE v. Trump Opinion)(Kipnis, Brian) (Entered: 08/04/2025)

ORDER denying Defendants' 37 Motion to Dismiss. Signed by Judge Marsha J. Pechman. (APH) (Entered: 08/13/2025)

Stipulated MOTION for Order Extending Defendants' Time to File Response to Complaint and Administrative Record; Order Thereon, filed by All Defendants. Noting Date 8/22/2025, (Kipnis, Brian) (Entered: 08/22/2025)

ORDER denying without prejudice 48 Stipulated Motion signed by Judge Marsha J. Pechman. (IJM) (Entered: 08/22/2025)

Unopposed MOTION for Extension of Time for Defendants to File Response to Complaint & Administrative Record; Declaration of Brian C. Kipnis in Support Thereof, filed by All Defendants. (Attachments: # 1 Proposed Order) Noting Date 8/26/2025, (Kipnis, Brian) (Entered: 08/26/2025)

ORDER granting Defendants' 50 Unopposed MOTION for Extension of Time. Defendants must file their Answer and the administrative record by no later than 10/7/2025. Signed by Judge Marsha J. Pechman. (APH) (Entered: 08/27/2025)

MINUTE ORDER. The Court hereby EXTENDS the initial case deadlines as follows: FRCP 26(f) Conference Deadline is 9/30/2025, Initial Disclosure Deadline is 10/7/2025, Combined Joint Status Report and Discovery Plan due by 10/14/2025. Authorized by Judge Marsha J. Pechman. (APH) (Entered: 09/02/2025)

ANSWER to 1 Complaint,,, by Kristi Noem, Adam Stahl, Transportation Security Administration, United States Department of Homeland Security.(Kipnis, Brian) (Entered: 10/07/2025)

ADMINISTRATIVE RECORD filed by Defendants Kristi Noem, Adam Stahl, Transportation Security Administration, United States Department of Homeland Security. (Attachments: # 1 Exhibit CAR000001 - CAR000031)(Kipnis, Brian) (Entered: 10/07/2025)

JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 3. Filed by All Plaintiffs.(Lavitt, Robert) (Entered: 10/14/2025)

ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *3 days*. Bench Trial is set for 9/14/2026 at 09:00 AM in Courtroom 14206 before Judge Marsha J. Pechman. Joinder of Parties due by 11/12/2025, Amended Pleadings due by 11/21/2025, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 2/17/2026, Motions due by 3/18/2026, Discovery completed by 4/17/2026, Dispositive motions due by 5/18/2026, Motions in Limine due by 8/10/2026, Pretrial Order due by 9/1/2026, Trial briefs to be submitted by 9/1/2026, Proposed Findings of Fact and Conclusions of Law to be submitted by 9/1/2026, Pretrial Conference set for 9/3/2026 at 01:30 PM in Courtroom 14206 before Judge Marsha J. Pechman. Signed by Judge Marsha J. Pechman. (GC) (Entered: 10/14/2025)

MINUTE ORDER REASSIGNING CASE. Case reassigned to Judge Jamal N Whitehead for all further proceedings. Judge Marsha J. Pechman no longer assigned to case. Authorized by Judge Marsha J. Pechman. (GC) (Entered: 10/17/2025)