Case: American Foreign Service Association v. Trump

1:25-cv-01030 | U.S. District Court for the District of District of Columbia

Filed Date: April 7, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is one of several challenging Executive Order 14251, issued by President Trump on March 27, 2025. The order excluded numerous agencies and subdivisions—designated as having primary national security functions—from the collective bargaining protections afforded under the Federal Service Labor-Management Relations Statute and the Foreign Service Labor-Management Relations Statute (collectively, the FSLMRS). Section 3 of the Executive Order specifically excluded employees of certain “age…

This case is one of several challenging Executive Order 14251, issued by President Trump on March 27, 2025. The order excluded numerous agencies and subdivisions—designated as having primary national security functions—from the collective bargaining protections afforded under the Federal Service Labor-Management Relations Statute and the Foreign Service Labor-Management Relations Statute (collectively, the FSLMRS). Section 3 of the Executive Order specifically excluded employees of certain “agency subdivisions” within the Department of State and USAID. Following the order, the Acting Director of the Office of Personnel Management (OPM) issued a memorandum to agency leadership providing implementation guidance, including specific determinations of which agencies and subdivisions were to be excluded from the FSLMRS, as found in Title VII of the Civil Service Reform Act. The cases are collected here:

On April 7, 2025, the American Foreign Service Association (AFSA), a federal labor union that represents approximately 18,000 foreign service members, filed this lawsuit in the U.S. District Court for the District of Columbia against President Trump, the Office of Personnel Management, the U.S. Department of State, and the U.S. Agency for International Development. The plaintiffs claimed that the Executive Order exceeded the President's authority, violated the Separation of Powers, and infringed on First Amendment rights. The plaintiffs sought declaratory and injunctive relief. Judge Paul L. Friedman presides over the case. 

On the same day, the plaintiffs filed a notice identifying National Treasury Employees Union v. Trump, No. 25-cv-00935 (NFEU) as a related case. Then, on July 29, 2025, the plaintiffs in a separate, related matter—American Federation of Labor and Congress of Industrial Organizations v. Trump, No. 1:25-cv-02445 (AFL-CIO) —submitted a notice of related cases, contending that their case was related to the current case, NFEU, and Federal Education Association v. Trump, No. 1:25-cv-01362 (FEA). On August 11, 2025, the court determined that the cases were related. 2025 WL 2301989.

On April 14, 2025, the plaintiffs moved for a preliminary injunction to enjoin defendants from enforcing Executive Order 14251 or any accompanying guidance. The plaintiffs argued that the Executive Order caused irreparable harm by depriving individuals of their statutory rights, drastically reducing union revenue, disrupting union operations, and confusing members about representation. They claimed an injunction would serve the public interest and prevent significant injury to the union, while not harming the defendants. 

On May 14, 2025, the court granted the plaintiffs’ motion for a preliminary injunction, blocking implementation of Section 3 of the Executive Order. The court held that the Order was ultra vires and that the union and its members would suffer irreparable harm without an injunction. 783 F.Supp.3d 248. 

On May 21, 2025, the defendants appealed the preliminary injunction order to the U.S. Court of Appeals for the D.C. Circuit. On May 22, 2025, defendants filed a motion for a stay pending appeal in the district court. On May 23, the defendants sought an immediate administrative stay and a stay pending appeal of the preliminary injunction in the Court of Appeals. The defendants argued they were likely to succeed because the district court lacked jurisdiction – claiming that the Federal Labor Relations Authority (FLRA) was the proper forum. Defendants argued the Executive Order was lawful under the President's authority and that the court should have deferred to this judgment. They claimed plaintiffs could not show irreparable harm, while the injunction improperly limited the President’s national security powers. They also asserted that equitable factors strongly favored a stay, as the court had overstepped its authority. 

With Judge Friedman unavailable, the motion was referred to Judge Randolph D. Moss. On May 30, 2025, Judge Moss deferred ruling, noting that defendants’ week-long delay in seeking a stay undermined their claims of irreparable harm. He explained that Judge Friedman’s absence and the D.C. Circuit’s expedited consideration made deferral appropriate, though Friedman could revisit the matter upon his return. 

On June 17, 2025, Judge Friedman denied the motion for a stay, finding that the defendants had not shown a likelihood of success on appeal. The court held that any harm to the defendants was minimal, as the injunction preserved the status quo by maintaining collective bargaining rights established by Congress. The court noted that while a related D.C. Circuit case, NTEU, No. 25-5157, had recognized potential irreparable harm, the defendants here had not shown similar harm. Instead, it held that plaintiffs would face “immense and irreparable injury” without an injunction, such as disrupted union communications, loss of official time, and stopped dues deductions, all undermining the union’s mission. 2025 WL 1695059.

However, on June 20, 2025, the D.C. Circuit granted a stay pending appeal. 2025 WL 1742853. The court reasoned that “foreign affairs are critical to national security,” and that the defendants were likely correct in asserting that the Executive Order was consistent with the Foreign Service Act’s delegation of national-security determinations to the President. The court emphasized that review of such decisions should be highly deferential, since they implicated the President’s core Article II responsibilities. On July 14, the plaintiffs filed a motion for rehearing en banc, which the court denied on July 30. 2025 WL 1742853. 

Back in the district court, on August 4, 2025, the plaintiffs moved for summary judgment. On September 23, 2025 the district court ordered that (i) the previous briefing schedule be stayed until further notice and (ii) within 14 days of the D.C. Circuit’s decision in AFSA, No. 25-5184, the parties must meet, confer. 

Defendants filed their brief in the Court of Appeals on September 9, 2025. On October 1, 2025, the Court of Appeals ordered that appellants submit their briefs by October 20, 2025, and appellees submit their brief by November 5, 2025. The court also ordered oral arguments for this matter (25-5184), along with FEA (25-5303) and NTFU (25-5157), be scheduled on the same day, before the same panel in December 2025. 

The case remains ongoing.

Summary Authors

Juliet Alpert (4/10/2025)

David Rutan (8/24/2025)

Dahlia Gottlieb (10/9/2025)

Related Cases

National Treasury Employees Union v. Trump, District of District of Columbia (2025)

Federal Education Association v. Trump, District of District of Columbia (2025)

American Federation of Labor and Congress of Industrial Organizations v. Trump, District of District of Columbia (2025)

National Weather Service Employees Organization v. Trump, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69853338/parties/american-foreign-service-association-v-trump/


Judge(s)

Friedman, Paul L. (District of Columbia)

Attorney for Plaintiff

Attorney, Keith R. (District of Columbia)

Bolek, Keith R. (District of Columbia)

Hirn, Richard J (District of Columbia)

Attorney for Defendant

Attorney, Melissa Nicole (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-01030

Complaint for Declaratory and Injunctive Relief

April 7, 2025

April 7, 2025

Complaint
10

1:25-cv-01030

Plaintiff American Foreign Service Association's Motion for a Preliminary Injunction

April 14, 2025

April 14, 2025

Pleading / Motion / Brief
10-1

1:25-cv-01030

Memorandum of Points and Authorities Supporting Plaintiff American Foreign Service Association's Motion for Preliminary Injunction

April 14, 2025

April 14, 2025

Pleading / Motion / Brief
37

1:25-cv-01030

Opinion

May 14, 2025

May 14, 2025

Order/Opinion

783 F.Supp.3d 248

42

1:25-cv-01030

Defendants' Motion to Stay Pending Appeal

May 22, 2025

May 22, 2025

Pleading / Motion / Brief
1208742204

25-05184

Emergency Motion for an Immediate Administrative Stay and Stay Pending Appeal

U.S. Court of Appeals for the District of Columbia Circuit

May 23, 2025

May 23, 2025

Pleading / Motion / Brief
1208750188

25-05184

Order

U.S. Court of Appeals for the District of Columbia Circuit

June 17, 2025

June 17, 2025

Order/Opinion

2025 WL 1742853

47

1:25-cv-01030

Memorandum Opinion and Order

June 17, 2025

June 17, 2025

Order/Opinion

2025 WL 1695059

1208781800-1

25-05184

Order

National Treasury Employees Union v. Trump

U.S. Court of Appeals for the District of Columbia Circuit

Oct. 1, 2025

Oct. 1, 2025

Order/Opinion
1208781800-1

25-05184

Order Sent

U.S. Court of Appeals for the District of Columbia Circuit

Oct. 1, 2025

Oct. 1, 2025

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69853338/american-foreign-service-association-v-trump/

Last updated Oct. 23, 2025, 10:04 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against All Defendants ( Filing fee $ 405 receipt number ADCDC-11594850) filed by AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to Donald J. Trump, # 3 Summons to Office of Personnel Management, # 4 Summons to U.S. Department of State, # 5 Summons to U.S. Agency for International Development, # 6 Summons to Marco Rubio, # 7 Summons to Charles Ezell)(Pullium, April) (Attachment 1 replaced to remove fillable form on 4/7/2025) (zjd). (Entered: 04/07/2025)

1 Civil Cover Sheet

View on PACER

2 Summons to Donald J. Trump

View on PACER

3 Summons to Office of Personnel Management

View on PACER

4 Summons to U.S. Department of State

View on PACER

5 Summons to U.S. Agency for International Development

View on PACER

6 Summons to Marco Rubio

View on PACER

7 Summons to Charles Ezell

View on PACER

April 7, 2025

April 7, 2025

Clearinghouse
2

NOTICE OF RELATED CASE by AMERICAN FOREIGN SERVICE ASSOCIATION. Case related to Case No. 1:25-cv-935 (D.D.C); 3:25-cv-03070 (N.D. Cal.). (Pullium, April) (Main Document 2 replaced to remove fillable form on 4/7/2025) (zjd). (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
3

NOTICE of Appearance by Keith R. Bolek on behalf of AMERICAN FOREIGN SERVICE ASSOCIATION (Bolek, Keith) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
4

NOTICE of Appearance by April H. Pullium on behalf of AMERICAN FOREIGN SERVICE ASSOCIATION (Pullium, April) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
5

NOTICE of Appearance by Richard J Hirn on behalf of AMERICAN FOREIGN SERVICE ASSOCIATION (Hirn, Richard) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
6

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN FOREIGN SERVICE ASSOCIATION (Pullium, April) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
7

SUMMONS (6) Issued Electronically as to CHARLES EZELL, OFFICE OF PERSONNEL MANAGEMENT, MARCO RUBIO, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, and U.S. DEPARTMENT OF STATE. (Attachment: # 1 Notice and Consent) (zjd) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER

Case Assigned/Reassigned

April 7, 2025

April 7, 2025

PACER

Case Assigned to Judge Paul L. Friedman. (zjd)

April 7, 2025

April 7, 2025

PACER
8

REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Summons to U.S. Attorney's Office, # 2 Summons to U.S. Attorney General)(Pullium, April) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

PACER
9

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjm) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

PACER
10

MOTION for Preliminary Injunction by AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Memorandum in Support of Motion for Preliminary Injunction, # 2 Declaration of Thomas Yazdgerdi, # 3 Declaration of Tina Wong, # 4 Declaration of Randall Chester, # 5 Declaration of Asgeir Sigfusson, # 6 Declaration of Neera Parikh, # 7 Declaration of Sharon Papp, # 8 Text of Proposed Order)(Pullium, April) (Entered: 04/14/2025)

1 Memorandum in Support of Motion for Preliminary Injunction

View on RECAP

2 Declaration of Thomas Yazdgerdi

View on RECAP

3 Declaration of Tina Wong

View on RECAP

4 Declaration of Randall Chester

View on RECAP

5 Declaration of Asgeir Sigfusson

View on RECAP

6 Declaration of Neera Parikh

View on RECAP

7 Declaration of Sharon Papp

View on RECAP

8 Text of Proposed Order

View on RECAP

April 14, 2025

April 14, 2025

Clearinghouse
11

NOTICE of Certificate Pursuant to Local Civil Rule 65.1 by AMERICAN FOREIGN SERVICE ASSOCIATION (Pullium, April) (Entered: 04/14/2025)

April 14, 2025

April 14, 2025

PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/14/2025. Answer due for ALL FEDERAL DEFENDANTS by 6/13/2025. (See Docket Entry 11 to view document)(zjm) (Entered: 04/15/2025)

April 14, 2025

April 14, 2025

PACER
12

ORDER scheduling oral argument on 10 Plaintiff's Motion for a Preliminary Injunction for May 5, 2025 at 2:00 p.m. and directing parties to meet and confer and file a joint status report. See Order for details. Signed by Judge Paul L. Friedman on April 15, 2025. (lcjd) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER

Set/Reset Hearings

April 15, 2025

April 15, 2025

PACER

Summons Returned Executed as to US Attorney

April 15, 2025

April 15, 2025

PACER

Set/Reset Hearings: Preliminary Injunction Hearing set for 5/5/2025 at 2:00 PM in Courtroom 29A- In Person before Judge Paul L. Friedman. (tj)

April 15, 2025

April 15, 2025

PACER
14

NOTICE of Appearance by Jeremy S. Simon on behalf of All Defendants (Simon, Jeremy) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
15

Joint STATUS REPORT by CHARLES EZELL, OFFICE OF PERSONNEL MANAGEMENT, MARCO RUBIO, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

RECAP

Order

April 16, 2025

April 16, 2025

PACER

MINUTE ORDER: In light of the parties' 15 Joint Status Report, the defendants shall file their opposition to plaintiff's motion for a preliminary injunction [Dkt. No. 10] on or before April 25, 2025. The plaintiff shall file its reply on or before May 1, 2025. Signed by Judge Paul L. Friedman on April 16, 2025. (lcjd)

April 16, 2025

April 16, 2025

PACER
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHARLES EZELL served on 4/14/2025 (Pullium, April) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF PERSONNEL MANAGEMENT served on 4/14/2025 (Pullium, April) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF STATE served on 4/14/2025 (Pullium, April) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
19

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT served on 4/14/2025 (Pullium, April) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
20

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARCO RUBIO served on 4/15/2025 (Pullium, April) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
21

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 4/21/2025 (Pullium, April) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
22

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/15/2025. (Pullium, April) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
23

Memorandum in opposition to re 10 MOTION for Preliminary Injunction filed by CHARLES EZELL, OFFICE OF PERSONNEL MANAGEMENT, MARCO RUBIO, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 04/25/2025)

1 Proposed Order

View on PACER

April 25, 2025

April 25, 2025

PACER
24

MOTION for Leave to File Supplemental Declaration of Thomas Yazdgerdi by AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Declaration of Thomas Yazdgerdi, # 2 Text of Proposed Order)(Pullium, April) (Entered: 04/30/2025)

1

View on RECAP

April 30, 2025

April 30, 2025

PACER
25

REPLY to opposition to motion re 10 Motion for Preliminary Injunction, filed by AMERICAN FOREIGN SERVICE ASSOCIATION. (Pullium, April) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER

MINUTE ORDER: The Court will connect the public-access telephone line for the motion hearing now scheduled for May 5, 2025 at 2:00 p.m. Any member of the public or media may access the public-access line by dialing (833) 990-9400, and using meeting ID 492497252. As a reminder, any use of the public-access telephone line requires adherence to the general prohibition against recording, livestreaming, and rebroadcasting of court proceedings (including those held by videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. Signed by Judge Paul L. Friedman on May 1, 2025. (lcjd)

May 1, 2025

May 1, 2025

PACER

Order

May 1, 2025

May 1, 2025

PACER
26

ENTERED IN ERROR.....Joint STATUS REPORT by AMERICAN FOREIGN SERVICE ASSOCIATION. (Pullium, April) Modified on 5/2/2025 (zjm). (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

RECAP
27

Joint STATUS REPORT by AMERICAN FOREIGN SERVICE ASSOCIATION. (Pullium, April) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

PACER

Notice of Error

May 2, 2025

May 2, 2025

PACER

NOTICE OF ERROR regarding 26 Status Report. The following error(s) need correction: Invalid attorney signature- signature on document must match PACER login. Please refile. (zjm)

May 2, 2025

May 2, 2025

PACER
28

NOTICE (Defendants' Notice of Exhibits) by CHARLES EZELL, OFFICE OF PERSONNEL MANAGEMENT, MARCO RUBIO, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, U.S. DEPARTMENT OF STATE (Simon, Jeremy) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

RECAP
31

DECLARATION by AMERICAN FOREIGN SERVICE ASSOCIATION re 10 MOTION for Preliminary Injunction . (zjm) (Entered: 05/09/2025)

May 5, 2025

May 5, 2025

RECAP

Order on Motion for Leave to File

May 5, 2025

May 5, 2025

PACER

MINUTE ORDER: Upon consideration of plaintiff's 24 Motion for Leave to File Supplemental Declaration of Thomas Yazdgerdi, the motion is GRANTED. Signed by Judge Paul L. Friedman on May 5, 2025. (lcjd)

May 5, 2025

May 5, 2025

PACER

Motion Hearing

May 5, 2025

May 5, 2025

PACER

Minute Entry for proceedings held before Judge Paul L. Friedman: Motion Hearing held on 5/5/2025 re 10 MOTION for Preliminary Injunction filed by AMERICAN FOREIGN SERVICE ASSOCIATION. Oral argument heard, and the court takes the motion under advisement. Plaintiff's to submit a revised proposed order for the court's review by 5/6/25. Government's to respond by 5/7/25 if there are any objections. (Court Reporter: Janice Dickman) (tj)

May 5, 2025

May 5, 2025

PACER
29

NOTICE of Proposed Order (Revised) by AMERICAN FOREIGN SERVICE ASSOCIATION re 10 MOTION for Preliminary Injunction (Pullium, April) (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

RECAP

Motion Hearing

May 6, 2025

May 6, 2025

PACER
30

RESPONSE re 29 Notice of Proposed Order (Defendants' Response to Proposed Order) filed by CHARLES EZELL, OFFICE OF PERSONNEL MANAGEMENT, MARCO RUBIO, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Revised Proposed Order (redline), # 2 Revised Proposed Order (redline accepted))(Simon, Jeremy) (Entered: 05/07/2025)

1 Revised Proposed Order (redline)

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2 Revised Proposed Order (redline accepted)

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May 7, 2025

May 7, 2025

PACER

MINUTE ORDER: In light of the issues raised in Defendants' 30 Response to Proposed Order, plaintiff may file a response to defendants' filing 30 on or before May 12, 2025. Signed by Judge Paul L. Friedman on May 9, 2025. (lcjd)

May 9, 2025

May 9, 2025

PACER

.Order

May 9, 2025

May 9, 2025

PACER

Order

May 9, 2025

May 9, 2025

PACER
32

RESPONSE to Defendants' Response to Proposed Order filed by AMERICAN FOREIGN SERVICE ASSOCIATION. (Pullium, April) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
33

NOTICE of Appearance by Raeka Safai on behalf of AMERICAN FOREIGN SERVICE ASSOCIATION. (Safai, Raeka) Modified on 5/13/2025 to correct event (zjm). (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
34

TRANSCRIPT OF PROCEEDINGS before Judge Paul L. Friedman held on May 5, 2025; Page Numbers: 1-56. Date of Issuance: May 12, 2025. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, 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 6/2/2025. Redacted Transcript Deadline set for 6/12/2025. Release of Transcript Restriction set for 8/10/2025.(Dickman, Janice) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

PACER
35

NOTICE of Appearance by Sharon L. Papp on behalf of AMERICAN FOREIGN SERVICE ASSOCIATION (Papp, Sharon) Modified on 5/13/2025 to correct event (zjm). (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

PACER
36

ORDER granting Plaintiff's 10 Motion for a Preliminary Injunction. The parties are directed to file a joint status report on or before May 20, 2025. See Order for details. Signed by Judge Paul L. Friedman on May 14, 2025. (lcjd) (Entered: 05/14/2025)

May 14, 2025

May 14, 2025

RECAP
37

OPINION granting Plaintiff's 10 Motion for a Preliminary Injunction. See Opinion for details. Signed by Judge Paul L. Friedman on May 14, 2025. (lcjd) (Entered: 05/14/2025)

May 14, 2025

May 14, 2025

Clearinghouse

Set/Reset Deadlines

May 15, 2025

May 15, 2025

PACER

Set/Reset Deadlines: Status Report due by 5/20/2025 (tj)

May 15, 2025

May 15, 2025

PACER

DEPOSIT of Bond in the amount of $ 100.00, Receipt Number 209615. (znmw)

May 16, 2025

May 16, 2025

PACER
38

Joint STATUS REPORT by CHARLES EZELL, OFFICE OF PERSONNEL MANAGEMENT, MARCO RUBIO, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 05/20/2025)

May 20, 2025

May 20, 2025

RECAP

.Order

May 20, 2025

May 20, 2025

PACER

MINUTE ORDER: In light of the parties' 38 Joint Status Report, the parties are directed to file another joint status report on or before June 9, 2025. Signed by Judge Paul L. Friedman on May 20, 2025. (lcjd)

May 20, 2025

May 20, 2025

PACER
39

NOTICE of Bond Posted by AMERICAN FOREIGN SERVICE ASSOCIATION (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pullium, April) (Entered: 05/21/2025)

1 Exhibit A

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2 Exhibit B

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May 21, 2025

May 21, 2025

RECAP
40

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 36 Order on Motion for Preliminary Injunction, 37 Memorandum & Opinion by MARCO RUBIO, U.S. DEPARTMENT OF STATE, OFFICE OF PERSONNEL MANAGEMENT, CHARLES EZELL, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT. Fee Status: No Fee Paid. Parties have been notified. (Simon, Jeremy) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

PACER
41

Transmission of the Notice of Appeal, Order Appealed (Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 40 Notice of Appeal to DC Circuit Court,. (zjm) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

PACER
42

MOTION to Stay Pending Appeal by CHARLES EZELL, OFFICE OF PERSONNEL MANAGEMENT, MARCO RUBIO, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 05/22/2025)

May 22, 2025

May 22, 2025

Clearinghouse

USCA Case Number

May 22, 2025

May 22, 2025

PACER

USCA Case Number 25-5184 for 40 Notice of Appeal to DC Circuit Court, filed by U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, OFFICE OF PERSONNEL MANAGEMENT, DONALD J. TRUMP, CHARLES EZELL, U.S. DEPARTMENT OF STATE, MARCO RUBIO. (zdp)

May 22, 2025

May 22, 2025

PACER

.Order AND ~Util - Set/Reset Deadlines

May 23, 2025

May 23, 2025

PACER

Order Referring Motion

May 23, 2025

May 23, 2025

PACER

ORDER REFERRING MOTION: 42 MOTION to Stay Pending Appeal to Judge Moss. Signed by Judge Paul L. Friedman on May 23, 2025. (lcjd)

May 23, 2025

May 23, 2025

PACER

MINUTE ORDER: In light of Defendants' motion to stay pending appeal, Dkt. 42, it is hereby ORDERED that Plaintiff shall file a response on or before May 27, 2025, and Defendants may file a reply on or before May 29, 2025. Signed by Judge Randolph D. Moss on 5/23/2025. (lcrdm3)

May 23, 2025

May 23, 2025

PACER
43

Memorandum in opposition to re 42 MOTION to Stay Pending Appeal filed by AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Pullium, April) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

RECAP

Set/Reset Deadlines

May 28, 2025

May 28, 2025

PACER

Set/Reset Deadlines: Status Report due by 6/9/2025 (tj)

May 28, 2025

May 28, 2025

PACER
44

REPLY to opposition to motion re 42 Motion to Stay filed by CHARLES EZELL, OFFICE OF PERSONNEL MANAGEMENT, MARCO RUBIO, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 05/29/2025)

May 29, 2025

May 29, 2025

PACER

Order on Motion to Stay

May 30, 2025

May 30, 2025

PACER

MINUTE ORDER: In light of the circumstances surrounding Defendants' motion to stay pending appeal, Dkt. 42, the Court will defer ruling on Defendants' motion. Under Federal Rule of Appellate Procedure 8(a), a party must "ordinarily" move first in the district court for a stay pending appeal before moving in the Court of Appeals for such relief. A party is relieved of this obligation if moving first in the district court would be "impracticable." Fed. R. App. P. 8(a)(2). The purpose of this rule (and its exceptions) is to conserve the courts' and the parties' resources, while ensuring that a party subject to an adverse judgment may timely seek relief to avoid an irreparable injury. Here, the Court concludes that deferral is appropriate for several reasons. First, although Defendants aver that they are suffering an irreparable injury from Judge Friedman's preliminary injunction order, Dkt. 37, that contention is at least somewhat belied by their weeklong delay in moving for a stay. Second, Judge Friedman is currently unavailable, but he will become available again in the coming weeks, and so there is no compelling need for this Court to intervene and reconsider his decision in the interim. Finally, and most importantly, Defendants moved for a stay in the Court of Appeals, and that court ordered the parties to brief Defendants' motion on an expedited basis. Because the Court of Appeals appears poised to decide Defendants' motion, and because the Court of Appeals is the more appropriate forum for arguing Defendants are likely to prevail in the efforts to overturn the decision of another judge who sits on this same Court, the Court concludes that deferral is the most appropriate course. In the unlikely event that the D.C. Circuit does not decide whether to grant a stay before Judge Friedman returns to the office, he will be far better situated than the undersigned to evaluate the merits of Defendants' motion to stay his order. Signed by Judge Randolph D. Moss on 5/30/2025. (lcrdm3)

May 30, 2025

May 30, 2025

PACER
45

Joint STATUS REPORT and Defendants' Consent Motion for Extension of Time to Respond to Complaint by CHARLES EZELL, OFFICE OF PERSONNEL MANAGEMENT, MARCO RUBIO, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 06/09/2025)

1 Proposed Order

View on RECAP

June 9, 2025

June 9, 2025

RECAP
46

MOTION for Extension of Time to by CHARLES EZELL, OFFICE OF PERSONNEL MANAGEMENT, MARCO RUBIO, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, U.S. DEPARTMENT OF STATE. (See Docket Entry 45 to view document) (zjm) Modified on 6/11/2025 (zjm). (Entered: 06/11/2025)

June 9, 2025

June 9, 2025

PACER

.Order

June 10, 2025

June 10, 2025

PACER

MINUTE ORDER: In light of the parties' 45 Joint Status Report, the deadlines for the parties' dispositive motions are as follows: plaintiff's motion for summary judgment shall be filed on or before August 4, 2025; defendants' opposition and motion to dismiss or for summary judgment shall be filed on or before September 19, 2025; plaintiff's opposition and reply shall be filed on or before October 15, 2025; and defendants' reply shall be filed on or before November 13, 2025. Furthermore, defendants' motion for an extension of time to respond to the complaint, included in the 45 Joint Status Report, is GRANTED. Defendants shall respond to the complaint on or before September 19, 2025. Signed by Judge Paul L. Friedman on June 10, 2025. (lcjd)

June 10, 2025

June 10, 2025

PACER

Extension of Time to

June 11, 2025

June 11, 2025

PACER
47

MEMORANDUM OPINION AND ORDER denying Defendants' 42 Motion to Stay Pending Appeal. See Memorandum Opinion and Order for details. Signed by Judge Paul L. Friedman on June 17, 2025. (lcjd) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

Clearinghouse

Set/Reset Deadlines

June 17, 2025

June 17, 2025

PACER

Set/Reset Deadlines: Answer due by 9/19/2025, Dispositive Motions due by 9/19/2025. Response to Dispositive Motions due by 10/15/2025. Reply to Dispositive Motions due by 11/13/2025. Responses due by 9/19/2025 Replies due by 10/15/2025. Summary Judgment motions due by 8/4/2025. (tj)

June 17, 2025

June 17, 2025

PACER
48

MOTION for Summary Judgment by AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Memorandum in Support of Plaintiff's Motion for Summary Judgment, # 2 Statement of Facts, # 3 Declaration of John Naland, # 4 Declaration of Elizabeth ("Nikki") Gamer, # 5 Declaration (Third) of Thomas Yazdgerdi, # 6 Declaration (Second) of Neera Parikh, # 7 Declaration of Christine Miele, # 8 Declaration of Rohit Nepal, # 9 Declaration of John Dinkelman, # 10 Declaration (Second) of Asgeir Sigfusson, # 11 Declaration of Colleen Fallon-Lenaghan, # 12 Text of Proposed Order)(Pullium, April) (Entered: 08/04/2025)

1 Memorandum in Support of Plaintiff's Motion for Summary Judgment

View on PACER

2 Statement of Facts

View on PACER

3 Declaration of John Naland

View on PACER

4 Declaration of Elizabeth ("Nikki") Gamer

View on PACER

5 Declaration (Third) of Thomas Yazdgerdi

View on PACER

6 Declaration (Second) of Neera Parikh

View on PACER

7 Declaration of Christine Miele

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8 Declaration of Rohit Nepal

View on PACER

9 Declaration of John Dinkelman

View on PACER

10 Declaration (Second) of Asgeir Sigfusson

View on PACER

11 Declaration of Colleen Fallon-Lenaghan

View on PACER

12 Text of Proposed Order

View on PACER

Aug. 4, 2025

Aug. 4, 2025

Clearinghouse
49

MOTION to Stay Remaining Deadlines in the June 10, 2025 Order or, in the Alternative, MOTION for Extension of Time to Respond to the Complaint, Oppose Plaintiff's Motion for Summary Judgment and Cross-Move to Dismiss or for Summary Judgment Pending Resolution of the Stay Request by CHARLES EZELL, OFFICE OF PERSONNEL MANAGEMENT, MARCO A. RUBIO, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, U.S. DEPARTMENT OF STATE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 09/11/2025)

Sept. 11, 2025

Sept. 11, 2025

PACER
50

Memorandum in opposition to re 49 MOTION to Stay Remaining Deadlines in the June 10, 2025 Order or, in the Alternative MOTION for Extension of Time to Respond to the Complaint, Oppose Plaintiff's Motion for Summary Judgment and Cross-Move to Dismiss or for Summary Judgment Pending Resolution of the Stay Request filed by AMERICAN FOREIGN SERVICE ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Pullium, April) (Entered: 09/17/2025)

Sept. 17, 2025

Sept. 17, 2025

PACER
51

REPLY to opposition to motion re 49 Motion to Stay,,, Motion for Extension of Time to,, filed by CHARLES EZELL, OFFICE OF PERSONNEL MANAGEMENT, MARCO A. RUBIO, DONALD J. TRUMP, U.S. AGENCY FOR INTERNATIONAL DEVELOPMENT, U.S. DEPARTMENT OF STATE. (Simon, Jeremy) (Entered: 09/18/2025)

Sept. 18, 2025

Sept. 18, 2025

PACER

.Order

Sept. 18, 2025

Sept. 18, 2025

PACER

MINUTE ORDER: In its June 10, 2025 minute order, the Court set the deadline of September 19, 2025 for defendants to file their: (1) opposition to the plaintiffs' 48 Motion for Summary Judgment, (2) motion to dismiss or cross-motion for summary judgment, and (3) response to the 1 Complaint. In light of 49 Defendants' Motion to Stay or in the Alternative for an Extension Pending Resolution of the Stay Request, the Court hereby VACATES this September 19, 2025 filing deadline and will set a new filing deadline upon resolution of 49 Defendants' Motion to Stay. Signed by Judge Paul L. Friedman on 09/18/2025. (lczl)

Sept. 18, 2025

Sept. 18, 2025

PACER

Order on Motion for Extension of Time to AND Order on Motion to Stay

Sept. 23, 2025

Sept. 23, 2025

PACER

MINUTE ORDER: Upon consideration of defendants 49 Motion to Stay Remaining Deadlines in the June 10, 2025 Order, plaintiffs 50 Response in Opposition, and defendants 51 Reply, defendants motion is GRANTED. It is hereby ORDERED that the briefing schedule set forth in the Courts June 10, 2025 Order is STAYED until further order of the Court; and it is FURTHER ORDERED that, within 14 days of the D.C. Circuits decision in American Foreign Service Association v. Trump, No. 25-5184 (D.C. Cir.), the parties shall meet and confer and file a joint status report proposing a schedule for further proceedings. Defendants alternative 49 Motion for Extension of Time is DENIED as moot. (So Ordered Judge Paul L. Friedman on 9/23/2025) (tj)

Sept. 23, 2025

Sept. 23, 2025

PACER

Deposit of

Sept. 29, 2025

Sept. 29, 2025

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Labor Rights

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 7, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

American Foreign Service Association

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Donald J. Trump (Washington, D.C., District of Columbia), Federal

Office of Personnel Management (Washington, D.C., District of Columbia), Federal

U.S. Agency for International Development (Washington, D.C., District of Columbia), Federal

U.S. Department of State (Washington, D.C., District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Constitutional Clause(s):

Freedom of speech/association

Separation of Powers

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2025 - None

Issues

General/Misc.:

Retaliation

Discrimination Area:

Conditions of Employment (including assignment, transfer, hours, working conditions, etc.)

Pay / Benefits

Presidential/Gubernatorial Authority:

Civil Service