Case: American Foreign Service Association v. Trump

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

President Donald Trump

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

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2 Summons to Donald J. Trump

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3 Summons to Office of Personnel Management

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4 Summons to U.S. Department of State

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5 Summons to U.S. Agency for International Development

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6 Summons to Marco Rubio

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7 Summons to Charles Ezell

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Case Assigned/Reassigned

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)

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

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

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

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

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

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)

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)

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

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

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2 Declaration of Thomas Yazdgerdi

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3 Declaration of Tina Wong

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4 Declaration of Randall Chester

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5 Declaration of Asgeir Sigfusson

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6 Declaration of Neera Parikh

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7 Declaration of Sharon Papp

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8 Text of Proposed Order

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

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)

Set/Reset Hearings

Summons Returned Executed as to US Attorney

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)

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

.Order

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)

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)

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

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

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)

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)

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

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

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)

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

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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)

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

.Order

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)

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

Notice of Error

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)

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

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)

Order on Motion for Leave to File

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)

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

Motion Hearing

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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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)

.Order

Order

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

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)

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)

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)

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)

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)

Set/Reset Deadlines

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

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)

.Order

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)

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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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)

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)

USCA Case Number

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)

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)

.Order AND ~Util - Set/Reset Deadlines

Order Referring Motion

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

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)

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)

Set/Reset Deadlines

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

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)

Order on Motion to Stay

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)

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

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.Order

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)

Extension of Time to

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)

Set/Reset Deadlines

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)