Case: U.S. Department of Treasury v. National Treasury Employees Union Chapter 73

United States Department of Treasury v. National Treasury Employees Union, Chapter 73

Legal Defense Fund

President Donald Trump

COMPLAINT (NO PROCESS REQUESTED)., filed by United States Department of Treasury. (Attachments: # 1 Civil Cover Sheet)(TBB) (Entered: 03/31/2025)

1 Civil Cover Sheet

View on PACER

Conflict Check run. (TBB)

NOTICE OF FILING by United States Department of Treasury Request for Issuance of Summons (Attachments: # 1 NTEU 73)(Hall, Emily) (Entered: 04/01/2025)

Summons Issued as to National Treasury Employees Union Chapter 73 and returned to counsel electronically for service. (TBB) (Entered: 04/02/2025)

ORDER: Treasury's Complaint for Declaratory Relief is scheduled for oral argument on Friday, April 25, 2025, beginning at the hour of 9:00 a.m., at the United States Courthouse in Lexington, Kentucky. Signed by District Judge Danny C Reeves on 4/2/2025. (TBB) cc: COR, LEX Diary (Entered: 04/02/2025)

NOTICE of Appearance by Peter J. Jannace on behalf of National Treasury Employees Union Chapter 73 (Jannace, Peter) (Entered: 04/14/2025)

MOTION to Continue Oral Argument and Set Briefing Schedule by National Treasury Employees Union Chapter 73 (Attachments: # 1 Memorandum in Support, # 2 Affidavit Declaration of Peter J. Jannace, # 3 Defendant's Exhibit A - Docket Sheet, # 4 Proposed Order)(Jannace, Peter) Modified text on 4/15/2025 (TBB). (Entered: 04/14/2025)

ORDER: Chapter 73's motion for a continuance 7 is DENIED. Signed by District Judge Danny C Reeves on 4/15/2025. (TBB) cc: COR (Entered: 04/15/2025)

AFFIDAVIT of Service for Summons and Complaint served on Shannon Lovins, President of NTEU Chapter 73, on April 17, 2025, filed by United States Department of Treasury. (Hall, Emily) (Entered: 04/17/2025)

MOTION for Pamela M. Newport to Appear Pro Hac Vice by National Treasury Employees Union Chapter 73 ( Filing fee $125; receipt number AKYEDC-6078911) (Attachments: # 1 Proposed Order)(Newport, Pamela) (Entered: 04/18/2025)

MOTION for Julie M. Wilson to Appear Pro Hac Vice by National Treasury Employees Union Chapter 73 ( Filing fee $125; receipt number AKYEDC-6078926) (Attachments: # 1 Proposed Order)(Jannace, Peter) (Entered: 04/18/2025)

MOTION for Summary Judgment by United States Department of Treasury (Attachments: # 1 Exhibits 1, 1-A, 1-B- Declaration of Allen R. Brooks and Supporting Documents # 2 Exhibit 2- Declaration of Trevor Norris, # 3 Exhibit 3- Declaration of Geralda Larkins, # 4 Proposed Order)(Hall, Emily) Modified document descriptions on 4/21/2025 (TBB). (Entered: 04/18/2025)

BAR STATUS Check completed as to Pamela M. Newport, Julie M. Wilson re 10 MOTION for Pamela M. Newport to Appear Pro Hac Vice by National Treasury Employees Union Chapter 73 ( Filing fee $125; receipt number AKYEDC-6078911), 11 MOTION for Julie M. Wilson to Appear Pro Hac Vice by National Treasury Employees Union Chapter 73 ( Filing fee $125; receipt number AKYEDC-6078926). (TBB)

***MOTION SUBMITTED TO CHAMBERS of Danny C. Reeves for review: re 10 MOTION for Pamela M. Newport to Appear Pro Hac Vice by National Treasury Employees Union Chapter 73 ( Filing fee $125; receipt number AKYEDC-6078911), 11 MOTION for Julie M. Wilson to Appear Pro Hac Vice by National Treasury Employees Union Chapter 73 ( Filing fee $125; receipt number AKYEDC-6078926) (TBB)

ORDER: The motions for pro hac vice admission of Pamela M. Newport 10 and Julie M. Wilson 11 are GRANTED. Signed by District Judge Danny C Reeves on 4/21/2025. (TBB) cc: COR (Entered: 04/21/2025)

MOTION for Benjamin A. Gastel to Appear Pro Hac Vice by National Treasury Employees Union Chapter 73 ( Filing fee $125; receipt number AKYEDC-6080604) (Attachments: # 1 Proposed Order)(Jannace, Peter) (Entered: 04/21/2025)

MOTION to Dismiss by National Treasury Employees Union Chapter 73 (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Affidavit, # 4 Exhibit A - Federal Register Vol. 90, No. 63, # 5 Exhibit B - OPM Memorandum 3/27/2025, # 6 Exhibit C - 2022 National Agreement IRS and National Treasury Union) (Jannace, Peter) Modified document description on 4/22/2025 (TBB). (Entered: 04/22/2025)

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Julie M. Wilson: re 13 Order A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Julie M. Wilson (TBB)

NOTICE OF DEFICIENCY TO Emily Margaret Hall re 12 MOTION for Summary Judgment by United States Department of Treasury. Error: attachments were insufficiently described as Exhibit A, Exhibit B. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit A (incorrect); Exhibit A - Affidavit of John Doe (correct). No further action required by counsel. cc: COR (TBB)

ORDER: The motion for pro hac vice admission of Benjamin A. Gastel 14 is GRANTED.Signed by District Judge Danny C Reeves on 4/22/2025. (TBB) cc: COR (Entered: 04/22/2025)

COURTROOM DECORUM ORDER: SEE ORDER 1-15. Failure to comply with any of the rules and procedures outlined may result in the imposition of sanctions, monetary or otherwise. Signed by District Judge Danny C Reeves on 4/22/2025. (TBB) cc: COR (Entered: 04/22/2025)

MOTION to Clarify by National Treasury Employees Union Chapter 73 (Attachments: # 1 Proposed Order)(Jannace, Peter) (Entered: 04/22/2025)

NOTICE OF DEFICIENCY TO Peter J. Jannace re 15 MOTION to Dismiss by National Treasury Employees Union Chapter 73. Error: attachments were insufficiently described as Exhibit, Exhibit. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit (incorrect); Exhibit A - Affidavit of John Doe (correct). No further action required by counsel. cc: COR (TBB)

ORDER: The defendant's motion to clarify 18 is GRANTED to the extent that the Court addressed the issues raised but DENIED to the extent that it again requests a continuance. Signed by District Judge Danny C Reeves on 4/23/2025. (TBB) cc: COR (Entered: 04/23/2025)

STRICKEN FROM DOCKET: Notice of Appearance filed in this case was for District of Columbia. PURSUANT to Notice of Action Striking Document filed on 4/23/2025. (SLG). (Entered: 04/23/2025)

NOTICE of Appearance by Emily Margaret Hall on behalf of United States Department of Treasury (Hall, Emily) (Entered: 04/24/2025)

MOTION for Summary Judgment by National Treasury Employees Union Chapter 73 (Attachments: # 1 Affidavit, # 2 Exhibit 1 - Federal Register 4/3/2025, # 3 Exhibit 2 - US OPM Memorandum 3/27/2025, # 4 Exhibit 3 - whitehouse.gov Fact Sheet, # 5 Exhibit 4 - DC Complaint, # 6 Exhibit 5 - DC Motion and Memorandum # 7 Exhibit 6 - DC case Response in Opposition to Motion, # 8 Exhibit 7 - DC case Reply in Support of Motion, # 9 Exhibit 8 - DC case Order, # 10 Exhibit 9 - Office of Public Affairs Press Release, # 11 Proposed Order)(Jannace, Peter) Modified document description on 4/25/2025 (TBB). (Entered: 04/24/2025)

1

View on RECAP

2

View on RECAP

3

View on RECAP

NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re 20 Notice of Appearance filed in this case was for District of Columbia. Attorney shall re-file the correct notice of appearance within seven (7) calendar days. *tg* cc: COR (SLG)

MINUTE ENTRY FOR ORAL ARGUMENT held on 4/25/2025 before District Judge Danny C Reeves: 1. The plaintiff shall have until Wednesday, May 7, 2025, to respond to the defendant's motions to dismiss and for summary judgment. [Record Nos. 15 and 22] The defendant may submit a reply brief or notice of intent not to file a reply on or before Wednesday, May 14, 2025. 2. The defendant shall have until Wednesday, May 7, 2025, to respond to the plaintiff's motion for summary judgment. 12 The plaintiff may submit a reply brief or notice of intent not to file a reply on or before Wednesday, May 14, 2025. 3. The parties' motions will stand submitted upon full briefing as outlined above. 4. Leave of Court is required before the parties may file additional motions or briefs. (Court Reporter Lauren Gootee.) Signed by Danny C. Reeves. (TBB) cc: COR (Entered: 04/25/2025)

NOTICE OF DEFICIENCY TO Peter J. Jannace re 22 MOTION for Summary Judgment by National Treasury Employees Union Chapter 73. Error: attachments were insufficiently described as Exhibit 1 to Wilson Declaration, Exhibit 2 to Wilson Declaration. Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit (incorrect) or Exhibit 1 (incorrect); Exhibit 1 - Affidavit of John Doe, Exhibit 2- Federal Register dated 4/3/2025 (correct). cc: COR (TBB)

TRANSCRIPT of Proceedings: ORAL ARGUMENT held on 04/25/2025 before Judge Danny C. Reeves. Court Reporter: Lauren Gootee, Telephone number (502) 744-5590. Transcript ordered by: BENJAMIN GASTEL, ESQ. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 5/27/2025. Redacted Transcript Deadline set for 6/5/2025. Release of Transcript Restriction set for 8/1/2025. (Entered: 04/30/2025)

UNOPPOSED MOTION for Leave to File Excess Pages by United States Department of Treasury - PLAINTIFFS UNOPPOSED MOTION FOR LEAVE TO FILE COMBINED OPPOSITION TO DEFENDANTS MOTIONS TO DISMISS AND FOR SUMMARY JUDGMENT (Attachments: # 1 Proposed Order)(Marcus, Lisa) (Entered: 05/07/2025)

RESPONSE in Opposition re 12 MOTION for Summary Judgment by United States Department of Treasury filed by National Treasury Employees Union Chapter 73. (Attachments: # 1 Affidavit Declaration of Daniel J. Kaspar and Supporting Exhibits)(Jannace, Peter) (Entered: 05/07/2025)

RESPONSE in Opposition re 15 MOTION to Dismiss by National Treasury Employees Union Chapter 73, 22 MOTION for Summary Judgment by National Treasury Employees Union Chapter 73 filed by United States Department of Treasury. (Hall, Emily) (Entered: 05/07/2025)

ORDER: The plaintiff's motion for leave to file excess pages 25 is GRANTED. Signed by District Judge Danny C Reeves on 5/8/2025. (TBB) cc: COR (Entered: 05/08/2025)

NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Benjamin A. Gastel: It appears the address listed on your filing 26 Response in Opposition to Motion, is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (TBB)

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Sarah E. Welch: re 12 MOTION for Summary Judgment by United States Department of Treasury . A Federal Attorney e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Sarah E. Welch (TBB)

NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Bridget K. O'Hickey: re 27 Response in Opposition to Motion,. A Federal Attorney e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Bridget K. O'Hickey (TBB)

REPLY to Response to Motion re 15 MOTION to Dismiss by National Treasury Employees Union Chapter 73 filed by National Treasury Employees Union Chapter 73. (Jannace, Peter) (Entered: 05/14/2025)

REPLY to Response to Motion re 12 MOTION for Summary Judgment by United States Department of Treasury filed by United States Department of Treasury. (Hall, Emily) (Entered: 05/14/2025)

REPLY to Response to Motion re 22 MOTION for Summary Judgment by National Treasury Employees Union Chapter 73 filed by National Treasury Employees Union Chapter 73. (Jannace, Peter) (Entered: 05/14/2025)

***MOTION SUBMITTED TO CHAMBERS of Danny C Reeves for review: re 12 MOTION for Summary Judgment by United States Department of Treasury, 15 MOTION to Dismiss by National Treasury Employees Union Chapter 73, 22 MOTION for Summary Judgment by National Treasury Employees Union Chapter 73 (TBB)

MEMORANDUM OPINION & ORDER: 1. Defendant National Treasury Employees Union, Chapter 73's Motion for Summary Judgment 22 is GRANTED to the extent it alleges that Treasury lacks standing but DENIED as moot to the extent it alleg es an improper use of the Declaratory Judgment Act. 2. The remaining pending motions: Defendant National Treasury Employees Union Chapter 73's Motion to Dismiss 15 and Plaintiff United States Department of the Treasurys Motion for Summary Judgment [Record No. 12] are DENIED as moot. Signed by District Judge Danny C Reeves on 5/20/2025. (TBB) cc: COR

JUDGMENT: 1. This matter is DISMISSED and STRICKEN from the docket based on Plaintiff United States Department of Treasury's lack of standing to assert the claims outlined in its Complaint against Defendant National Treasury Employee Union, Chapter 73. 2. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by District Judge Danny C Reeves on 5/20/2025. (TBB) cc: COR Modified text on 5/20/2025 (TBB). (Entered: 05/20/2025)

NOTICE OF APPEAL as to 32 Memorandum Opinion & Order,, 33 Judgment, by United States Department of Treasury. Filing fee $ 605. (Marcus, Lisa) (Entered: 07/18/2025)

USCA Case Number 25-5656 Case Manager Gretchen A. for 34 Notice of Appeal filed by United States Department of Treasury. (TJG) (Entered: 07/18/2025)