Case: Emily Ley Paper Inc v. Trump

U.S. District Court for the Northern District of Florida

U.S. District Court for the Northern District of Florida

U.S. District Court for the Northern District of Florida

President Donald Trump

President Donald Trump

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AFLNDC-9425855.), filed by EMILY LEY PAPER, INC.. (Attachments: # 1 Summons for Donald J. Trump, # 2 Summons for EXECUTIVE OFFICE OF THE PRESIDENT, # 3 Summons for USA, # 4 Summons for Kristi Noem, # 5 Summons for Department of Homeland Security, # 6 Summons for Pete R. Flores, # 7 Summons for U.S. CUSTOMS AND BORDER PROTECTION, # 8 Summons for Pamela Bondi, # 9 Summons for Michelle Spaven) (GOWDY, BRYAN) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/03/2025)

1 Summons for Donald J. Trump

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2 Summons for EXECUTIVE OFFICE OF THE PRESIDENT

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3 Summons for USA

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4 Summons for Kristi Noem

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5 Summons for Department of Homeland Security

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6 Summons for Pete R. Flores

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7 Summons for U.S. CUSTOMS AND BORDER PROTECTION

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8 Summons for Pamela Bondi

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9 Summons for Michelle Spaven

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CIVIL COVER SHEET. (GOWDY, BRYAN) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/03/2025)

Summons Issued as to All Defendants. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons) (jfj) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/04/2025)

NOTICE of Appearance by JOHN C SPACCAROTELLA on behalf of UNITED STATES OF AMERICA (SPACCAROTELLA, JOHN) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/08/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 1 Complaint. (Please see proposed ISO.) (jfj) [Transferred from Florida Northern on 5/23/2025.]

MOTION to Transfer Case to Court of International Trade by DONALD J TRUMP, EXECUTIVE OFFICE OF THE PRESIDENT, UNITED STATES OF AMERICA, KRISTI NOEM, HOMELAND SECURITY DEPARTMENT, PETE R FLORES, U.S. CUSTOMS AND BORDER PROTECTION. (Internal deadline for referral to judge if response not filed earlier: 4/28/2025). (BURKE, CLAUDIA) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/14/2025)

MOTION to Appear Pro Hac Vice by Andrew J. Morris.( Filing fee $ 219 receipt number AFLNDC-9439098.) by EMILY LEY PAPER INC. (Attachments: # 1 Exhibit NY certificate of good standing) (MORRIS, ANDREW) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/16/2025)

Consent MOTION to File Amicus Brief by America First Legal Foundation. (Internal deadline for referral to judge if response not filed earlier: 4/30/2025). (Attachments: # 1 Exhibit Proposed Amicus Brief) (MCCOTTER, RICHARD) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/16/2025)

MOTION to Appear Pro Hac Vice by R. Trent McCotter.( Filing fee $ 219 receipt number AFLNDC-9439420.) by America First Legal Foundation. (MCCOTTER, RICHARD) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/16/2025)

ORDER. Upon due consideration of America First Legal Foundation's motion to file amicus brief (Doc. 7 ), it is ORDERED that the motion is GRANTED, and the amicus brief attached to the motion (Doc. 7 -1) is accepted. Signed by JUDGE T KENT WETHERELL II on 04/17/25. (jfj) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/17/2025)

ORDER. The motion (Doc. 8 ) is GRANTED, and attorney R. Trent McCotter is authorized to appear pro hac vice for amicus America First Legal Foundation. Signed by JUDGE T KENT WETHERELL II on 04/17/25. (jfj) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/17/2025)

ORDER. The motion (Doc. 6 ) is GRANTED, and attorney Andrew J. Morris is authorized to appear pro hac vice for Plaintiff. Signed by JUDGE T KENT WETHERELL II on 04/17/25. (jfj) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/17/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 6 MOTION to Appear Pro Hac Vice by Andrew J. Morris, 7 Consent MOTION to File Amicus Brief, 8 MOTION to Appear Pro Hac Vice by R. Trent McCotter. (jfj) [Transferred from Florida Northern on 5/23/2025.]

MOTION for Extension of Time to File Response/Reply by EMILY LEY PAPER INC. (Attachments: # 1 Text of Proposed Order) (MORRIS, ANDREW) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/21/2025)

ORDER GRANTING EXTENSION OF TIME. Upon due consideration of Plaintiff's unopposed motion for extension of time (Doc. 12 ), it is ORDERED that the motion is GRANTED, and Plaintiff has until May 5, 2025, to respond to Defendants' motion to transfer. Signed by JUDGE T KENT WETHERELL II on 04/22/25. (Response to motion due by 5/5/2025.) (jfj) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/22/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 12 Unopposed MOTION for Extension of Time to File Response. (jfj) [Transferred from Florida Northern on 5/23/2025.]

MOTION to File Amicus Brief by EMILY LEY PAPER INC. (Internal deadline for referral to judge if response not filed earlier: 5/9/2025). (MORRIS, ANDREW) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/25/2025)

ORDER ESTABLISHING AMICUS BRIEF DEADLINE. The motion (Doc. 14 ) is GRANTED, and the deadline for seeking leave to file amicus briefs in support of either side is May 12, 2025. Any such motion shall be accompanied by the proposed brief. Signed by JUDGE T KENT WETHERELL II on 04/28/25. (Deadline to seek leave to file amicus brief - by 5/12/2025. Reply due by 5/19/2025.) (jfj) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/28/2025)

NOTICE of Supplemental Authorities by DONALD J TRUMP, EXECUTIVE OFFICE OF THE PRESIDENT, UNITED STATES OF AMERICA, KRISTI NOEM, HOMELAND SECURITY DEPARTMENT, PETE R FLORES, U S CUSTOMS AND BORDER PROTECTION (Attachments: # 1 Exhibit Order from Court of International Trade, # 2 Exhibit Order from District of Montana) (BURKE, CLAUDIA) [Transferred from Florida Northern on 5/23/2025.] (Entered: 04/28/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 14 Unopposed MOTION to File Amicus Brief. (jfj) [Transferred from Florida Northern on 5/23/2025.]

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 16 NOTICE OF SUPPLEMENTAL AUTHORITIES. (jfj) [Transferred from Florida Northern on 5/23/2025.]

MOTION to Appear Pro Hac Vice by John J. Vecchione.( Filing fee $ 219 receipt number AFLNDC-9458558.) by EMILY LEY PAPER INC. (VECCHIONE, JOHN) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/01/2025)

ORDER. The motion (Doc. 17 ) is GRANTED, and attorney John J. Vecchione is authorized to appear pro hac vice for Plaintiff. Signed by JUDGE T KENT WETHERELL II on 05/02/25. (jfj) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/02/2025)

ORDER. Plaintiff shall file copies of the executive orders, proclamations, memoranda, federal register notices, etc., that are at issue in this case with its response to the motion to transfer. Signed by JUDGE T KENT WETHERELL II on 05/02/25. (jfj) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/02/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 17 MOTION to Appear Pro Hac Vice by John J. Vecchione. (jfj) [Transferred from Florida Northern on 5/23/2025.]

First AMENDED COMPLAINT against All Defendants All Defendants., filed by EMILY LEY PAPER INC. (Attachments: # 1 Exhibit) (MORRIS, ANDREW) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/05/2025)

MEMORANDUM in Opposition re 5 MOTION to Transfer Case to Court of International Trade filed by EMILY LEY PAPER INC. (Attachments: # 1 Exhibit) (MORRIS, ANDREW) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/05/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 20 Amended Complaint, 21 PLAINTIFFS' MEMORANDUM IN OPPOSITION TO DEFENDANTS' MOTION TO TRANSFER AND UNOPPOSED MOTION TO EXPEDITE. (jfj) [Transferred from Florida Northern on 5/23/2025.]

Consent MOTION for Leave to File a Reply by DONALD J TRUMP, EXECUTIVE OFFICE OF THE PRESIDENT, UNITED STATES OF AMERICA, KRISTI NOEM, HOMELAND SECURITY DEPARTMENT, PETE R FLORES, U S CUSTOMS AND BORDER PROTECTION. (BURKE, CLAUDIA) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/07/2025)

MOTION to Appear Pro Hac Vice by Thomas A. Berry.( Filing fee $ 219 receipt number AFLNDC-9467508.) by Cato Institute. (Attachments: # 1 Certificate of Good Standing) (BERRY, THOMAS) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/07/2025)

ORDER AUTHORIZING REPLY. Upon due consideration of Defendants' unopposed motion for leave to file a reply (Doc. 22 ), it is ORDERED that: The motion is GRANTED, and Defendants may file a reply addressing the "merits arguments" in Plaintiffs' response. The reply shall be filed no later than May 19, 2025. No extensions of this deadline (or the deadline for filing amicus briefs) will be granted in light of Plaintiffs' unopposed motion to expedite disposition of the motion to transfer. See Doc. 21 at 35-36. Signed by JUDGE T KENT WETHERELL II on 05/08/25. (Reply due by 5/19/2025.) (jfj) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/08/2025)

ORDER. The motion (Doc. 23 ) is GRANTED, and attorney Thomas A. Berry is authorized to appear pro hac vice for potential amicus curiae Cato Institute. Signed by JUDGE T KENT WETHERELL II on 05/08/25. (jfj) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/08/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 22 Consent MOTION for Leave to File a Reply. (jfj) [Transferred from Florida Northern on 5/23/2025.]

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 23 MOTION to Appear Pro Hac Vice by Thomas A. Berry. (jfj) [Transferred from Florida Northern on 5/23/2025.]

MOTION for Leave to File by Sidney L Matthew. (Attachments: # 1 Supplement) (MATTHEW, SIDNEY) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/10/2025)

Consent MOTION for Leave to File Amicus Curiae Brief by CATO INSTITUTE. (Attachments: # 1 Supplement Proposed Memorandum of Amicus Curiae) (BERRY, THOMAS) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/12/2025)

ORDER. Upon due consideration of the former high ranking governmental officials and professors' motion to file amicus brief (Doc. 26 ), it is ORDERED that the motion is GRANTED, and the amicus brief attached to the motion (Doc. 26 -1) is accepted. Signed by JUDGE T KENT WETHERELL II on 05/12/25. (jfj) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/12/2025)

MOTION to Appear Pro Hac Vice by Leah J. Tulin.( Filing fee $ 219 receipt number AFLNDC-9472537.) by Brennan Center for Justice at N.Y.U. School of Law. (TULIN, LEAH) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/12/2025)

MOTION to Appear Pro Hac Vice by Hannah James.( Filing fee $ 219 receipt number AFLNDC-9472578.) by Brennan Center for Justice at N.Y.U. School of Law. (JAMES, HANNAH) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/12/2025)

MOTION to Appear Pro Hac Vice by Elizabeth Goitein.( Filing fee $ 219 receipt number AFLNDC-9472573.) by Brennan Center for Justice at N.Y.U. School of Law. (GOITEIN, ELIZABETH) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/12/2025)

Consent MOTION for Leave to File Brief of Amicus Curiae by Brennan Center for Justice at N.Y.U. School of Law. (Attachments: # 1 Proposed Brief of Amicus Curiae Brennan Center for Justice) (TULIN, LEAH) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/12/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 26 Motion of Attorney Sidney L. Matthew Esq. for Leave to File Amicus Curiae Brief on Behalf of Former High Ranking Governmental Officials and Professors. (jfj) [Transferred from Florida Northern on 5/23/2025.]

ORDER re 29 Motion to Appear Pro Hac Vice - LEAH J TULIN ; 30 Motion to Appear Pro Hac Vice - HANNAH JAMES; and 31 Motion to Appear Pro Hac Vice - ELIZABETH GOITEIN. That the motion is GRANTED, and attorneys Leah J. Tulin, Hannah James, and Elizabeth Goitein are authorized to appear pro hac vice for potential amicus curiae Brennan Center for Justice. Signed by JUDGE T KENT WETHERELL II on 5/13/2025. (mb) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/13/2025)

ORDER re Consideration of the motions for leave to file amicus briefs filed by the Cato Institute (Doc. 27 ) and the Brennan Center for Justice (Doc. 32 ). That the motions are GRANTED, and the amicus briefs attached to the motions (Docs. 27 -1, 32 -1) are accepted. Signed by JUDGE T KENT WETHERELL II on 5/13/2025. (mb) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/13/2025)

REPLY to Response to Motion re 5 MOTION to Transfer Case to Court of International Trade filed by DONALD J TRUMP, EXECUTIVE OFFICE OF THE PRESIDENT, UNITED STATES OF AMERICA, KRISTI NOEM, HOMELAND SECURITY DEPARTMENT, PETE R FLORES, U S CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Exhibit CIT Transcript) (BURKE, CLAUDIA) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/19/2025)

REPLY to Response to Motion re 32 Consent MOTION for Leave to File Brief of Amicus Curiae, 27 Consent MOTION for Leave to File Amicus Curiae Brief, 14 MOTION to File Amicus Brief filed by DONALD J TRUMP, EXECUTIVE OFFICE OF THE PRESIDENT, UNITED STATES OF AMERICA, KRISTI NOEM, HOMELAND SECURITY DEPARTMENT, PETE R FLORES, U S CUSTOMS AND BORDER PROTECTION. (BURKE, CLAUDIA) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/19/2025)

ORDER TRANSFERRING CASE. Defendants' motion to transfer (Doc. 5 ) is GRANTED, and this case is TRANSFERRED to the United States Court of International Trade under 28 U.S.C. §1631. The Clerk shall effectuate the transfer and then close this case. Signed by JUDGE T KENT WETHERELL II on 05/20/25. (jfj) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/20/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 35 DEFENDANTS' REPLY IN SUPPORT OF MOTION TO TRANSFER, 36 DEFENDANTS' REPLY TO AMICUS BRIEFS. (jfj) [Transferred from Florida Northern on 5/23/2025.]

Plaintiffs' Emergency Motion for One-day Administrative to Stay of Order Transferring Case, by EMILY LEY PAPER INC. (MORRIS, ANDREW) Modified on 5/21/2025 to complete the title of the docket entry (alb). [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/21/2025)

ORDER DENYING STAY. Plaintiffs' emergency motion to stay (Doc. 38 ) is DENIED. Signed by JUDGE T KENT WETHERELL II on 05/21/2025. (alb) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/21/2025)

Interdistrict Transfer to the United States Court of International Trade located at 1 Federal Plaza, New York, New York 10278. (alb) [Transferred from Florida Northern on 5/23/2025.] (Entered: 05/21/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 38 Plaintiffs' Emergency Motion for One-day Administrative Stay of Order Transferring Case. (alb) [Transferred from Florida Northern on 5/23/2025.]

CASE TRANSFERRED IN from District of Florida Northern. Case number 3:25-cv-00464. Original file, certified copy of transfer order and docket sheet received. (Entered: 05/23/2025)

Form 11 Notice of Appearance . Filed by Blake William Cowman of U.S. Department of Justice on behalf of All Defendants.(Cowman, Blake) (Entered: 05/30/2025)

Form 11 Notice of Appearance . Filed by Blake William Cowman of U.S. Department of Justice on behalf of All Defendants.(Cowman, Blake) (Entered: 06/03/2025)

Motion to stay proceedings. Responses due by 6/25/2025. Filed by Blake William Cowman of U.S. Department of Justice on behalf of All Defendants.(Cowman, Blake) (Entered: 06/04/2025)

Order entered on 6/4/2025 assigning action to three-judge panel consisting of Judge Gary S. Katzmann, Judge Timothy M. Reif, Judge Jane A. Restani.(Swindell, Stephen) (Entered: 06/04/2025)

Paperless Order entered on 6/16/2025: Pursuant to Defendants' Motion to Stay Proceedings, June 4, 2025, ECF No. 44, it is hereby ORDERED that this case is stayed pending a final, unappealable decision in V.O.S. Selections, Inc. v. United States, Case No. 25-00066 (Ct. Int'l Trade), Appeal No. 2025-1812 (Fed. Cir.), and Oregon v. U.S. Dep't of Homeland Security, Case No. 25-00077 (Ct. Int'l Trade), Appeal No. 2025-1813 (Fed. Cir.); and it is further ORDERED that the Parties shall file a Joint Status Report and Proposed Briefing Schedule within 60 days of the final resolution of V.O.S. and Oregon. (Goell, Geoffrey) (Entered: 06/16/2025)

Motion for reconsideration . Responses due by 7/15/2025. Filed by Andrew Joseph Morris of New Civil Liberties Alliance on behalf of Emily Ley Paper Inc..(Morris, Andrew) (Entered: 06/24/2025)

Response to Motion for Reconsideration (related document(s) 47 ). Filed by Blake William Cowman of U.S. Department of Justice on behalf of All Defendants.(Cowman, Blake) (Entered: 07/15/2025)

Paperless Order entered on 7/18/2025: Upon consideration of Plaintiffs' Motion to Reconsider, June 24, 2025, ECF No. 47 and Defendants' Opposition to Motion for Reconsideration, July 15, 2025, ECF No. 48, it is hereby ORDERED that Plaintiffs' Motion is denied. Subject matter jurisdiction is a threshold issue that the court fully considered in V.O.S. Selections, Inc. v. United States, 49 CIT __, __, 772 F. Supp. 3d 1350, 136567 (2025). There, the court concluded that it has exclusive jurisdiction to hear this action because the challenged Tariff Orders are "law[s] of the United States providing for" tariffs. 28 U.S.C. § 1581(i)(1). SO ORDERED by the panel (Related Doc # 47 ). (Goell, Geoffrey) (Entered: 07/18/2025)