Case: American Federation of Teachers, AFL-CIO v. Goldstein

1:25-cv-03072 | U.S. District Court for the Southern District of New York

Filed Date: April 14, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the forced dismantling of the Federal Mediation and Conciliation Service (FMCS) and the resulting disruption to labor relations across the United States. Plaintiffs, a coalition of major labor unions—the American Federation of Teachers, AFL-CIO, United Federation of Teachers, Service Employees International Union (SEIU), SEIU Healthcare Minnesota & Iowa, SEIU Committee of Interns and Residents, United Food and Commercial Workers International Union, UFCW Local 135, Internat…

This case challenges the forced dismantling of the Federal Mediation and Conciliation Service (FMCS) and the resulting disruption to labor relations across the United States. Plaintiffs, a coalition of major labor unions—the American Federation of Teachers, AFL-CIO, United Federation of Teachers, Service Employees International Union (SEIU), SEIU Healthcare Minnesota & Iowa, SEIU Committee of Interns and Residents, United Food and Commercial Workers International Union, UFCW Local 135, International Association of Machinists and Aerospace Workers, IAM District 160, American Federation of State, County & Municipal Employees, United Nurses Associations of California/Union of Health Care Professionals, American Federal of Government Employees, and American Federation of Labor and Congress of Industrial Organizations—filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs brought the case against the Federal Mediation and Conciliation Service (FMCS), the United States of America, the Office of Management and Budget (OMB), and OMB's Director. The plaintiffs sought declaratory and injunctive relief, claiming violations of the Administrative Procedure Act (APA), the U.S. Constitution’s separation of powers, and federal statutes governing FMCS.

The case was assigned to Judge Arun Subramanian.

On March 14, 2025, Donald Trump issued Executive Order No. 14238, titled “Continuing the Reduction of the Federal Bureaucracy.” The executive order required the Federal Mediation and Conciliation Service (FMCS), an organization created by Congress to mediate labor disputes and minimize disruptions to commerce, to reduce its functions and personnel to the “minimum presence required by law,” triggering a dramatic downsizing. FMCS had proposed retaining 80 to 100 mediators as necessary to fulfill its statutory obligations, but OMB and the Department of Government Efficiency (DOGE) instead ordered a reduction to only five mediators and a skeletal staff, effectively crippling the agency. 

The plaintiffs, a diverse group of national and local unions representing millions of workers in education, healthcare, public service, and manufacturing, alleged immediate and widespread harm from the agency’s dismemberment. FMCS had been facilitating thousands of labor negotiations, arbitrations, and impasse resolutions annually. After the cuts, scheduled mediation sessions were abruptly canceled, leaving unions and employers without the support needed to resolve disputes, pushing them closer to strikes or lockouts. Several unions described how FMCS mediators had already made tangible progress in resolving disputes, only to be removed without explanation.

Plaintiffs filed their complaint on April 14, 2025, asserting the President’s executive order and the agencies’ actions were contrary to law, in excess of statutory authority, and violated core constitutional principles. They argued that the EO violated the Separation of Powers because only Congress has the power to create, modify, or dismantle federal agencies and allocate funding. Since Congress had recently appropriated FMCS’s full budget for fiscal year 2025, the plaintiffs contended that the executive branch could not lawfully interfere with the agency’s operations. They also challenged the administration’s arbitrary criteria—such as limiting FMCS services only to disputes involving units of 1,000 or more employees—as contrary to congressional intent and unsupported by statute in violation of the Administrative Procedure Act. Finally, they asserted an Ultra Vires action and claimed there was no statutory, constitutional, or legal authority for the Defendants to dismantle FMCS in violation of the Labor Management Relations Act. 

The complaint requested the court declare the executive actions unlawful and issue an injunction preventing the dismantling of FMCS and the enforcement of related personnel reductions. It also sought to compel the agency to resume its statutory duties and to award attorney’s fees and costs.

On April 16, plaintiffs filed a motion for a preliminary injunction. They asked the judge to order the defendants to restore the status quo ante by: (1) prohibiting the implementation of EO 14238, (2) returning FMCS employees to their status prior to March 14, 2025, (3) resuming all active FMCS cases and mediation services, and (4) rescinding guidance, rules, or directives to FMCS to only mediate services to bargaining units of 1,000 or more members. 

On May 2, plaintiffs filed an amended complaint adding two additional parties, UFCW Local 2013 and AFSCME Council 31. On May 14, in light of developments in the District of Rhode Island – where the court granted a PI affording the relief sought by plaintiffs in this case – the court ordered plaintiffs to advise them by May 16 whether there was any reason it should not deny their pending motion for a PI as moot. On May 19, following plaintiffs' response, the court denied the motion as moot. 

On June 13, plaintiffs filed a motion for summary judgment. Three days later, they filed a second amended complaint adding two additional plaintiffs, the National Education Association (NEA) and the Ohio Education Association (OEA). 

On July 3, the government filed a motion to dismiss the amended complaint. After rescheduling the hearing several times, the court heard arguments regarding the summary judgment and dismissal motions.

Judge Subramanian issued his opinion on December 30, 2025, granting plaintiffs' motion for summary judgment and dismissing defendants' motion to dismiss. After finding that the policy to limit mediation services was a final agency action and was thus subject to the APA, the court concluded that there was no genuine issue of material fact and that the defendants had violated the APA. The court cited the fact that the policy contained "no explanation whatsoever" for how the fixed numerical floors were determined for the size of bargaining units whose negotiations the defendants were willing to mediate. Consequently, the court vacated defendants' policy "disallowing the assignment of FMCS mediators to negotiations and disputes in the healthcare industry where the bargaining units are smaller than 250 employees, or in other industries where the bargaining units are smaller than 1,000 employees." 2025 WL 3763813.

Summary Authors

Jillian Snyman (4/16/2025)

Emma Vayda (8/4/2025)

Allison Opheim (9/14/2025)

Maddy Ligon (1/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69889765/parties/american-federation-of-teachers-afl-cio-v-goldstein/


Attorney for Plaintiff

Hanzlicek, Cole (New York)

Oppenheimer, Elisabeth (New York)

Attorney for Defendant

Fogelman, Lawrence Heath (New York)

Salk, Rebecca Lynn (New York)

Documents in the Clearinghouse

Documents in this case
1

1:25-cv-03072

Complaint for Declaratory and Injunctive Relief

American Federation of Teachers v. Goldstein

April 14, 2025

April 14, 2025

Complaint
10

1:25-cv-03072

Plaintiffs’ Memorandum of Law in Support of Motion for Preliminary Injunction

April 16, 2025

April 16, 2025

Pleading / Motion / Brief
9

1:25-cv-03072

Plaintiffs’ Notice of Motion and Motion for Preliminary Injunction

April 16, 2025

April 16, 2025

Pleading / Motion / Brief
46

1:25-cv-03072

First Amended Complaint for Declaratory and Injunctive Relief

May 2, 2025

May 2, 2025

Complaint
56

1:25-cv-03072

Order

American Federation of Teachers v. United States of America

May 14, 2025

May 14, 2025

Order/Opinion
67

1:25-cv-03072

Plaintiffs' Notice of Motion and Motion for Summary Judgment

American Federation of Teachers v. Goldstein

June 13, 2025

June 13, 2025

Pleading / Motion / Brief
75

1:25-cv-03072

Second Amended Complaint for Declaratory and Injunctive Relief

American Federation of Teachers v. Goldstein

June 16, 2025

June 16, 2025

Complaint
79

1:25-cv-03072

Notice of Motion

American Federation of Teachers, AFL-CIO v. Davis

July 3, 2025

July 3, 2025

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69889765/american-federation-of-teachers-afl-cio-v-goldstein/

Last updated Sept. 5, 2026, 4:22 a.m.

Docket for: American Federation of Teachers, AFL-CIO v. Goldstein
ECF Number Date Description Link
1 April 14, 2025

COMPLAINT against Federal Mediation and Conciliation Service, Gregory Goldstein, UNITED STATES OF AMERICA, United States Office of Management and Budget, Russell T. Vought. (Filing Fee $ 405.00, Receipt Number ANYSDC-30928279)Document filed by United Nurses Associations of California/Union of Health Care Professionals, UFCW Local 135, United Federation of Teachers, American Federation of Teachers, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, United Food and Commercial Workers International Union, AFL-CIO, Service Employees International Union, AFL-CIO, IAM District 160, American Federation of Government Employees, AFL-CIO, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Healthcare Minnesota & Iowa, American Federation of State, County & Municipal Employees, AFL-CIO, SEIU Committee of Interns and Residents..(Oppenheimer, Elisabeth) (Entered: 04/14/2025)

Clearinghouse
2 April 14, 2025

CIVIL COVER SHEET filed..(Oppenheimer, Elisabeth) (Entered: 04/14/2025)

RECAP
3 April 14, 2025

FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States of America; Federal Mediation and Conciliation Service; Gregory Goldstein; United States Office of Management and Budget; Russell T. Vought, re: 1 Complaint,,,. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) Modified on 4/15/2025 (jgo). (Entered: 04/14/2025)

RECAP
4 April 14, 2025

MOTION for Elisabeth Oppenheimer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30928812. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/14/2025)

RECAP
April 14, 2025

Notice Regarding Pro Hac Vice Motion

April 14, 2025

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4 MOTION for Elisabeth Oppenheimer to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30928812. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

5 April 15, 2025

REQUEST FOR ISSUANCE OF SUMMONS as to United States of America; Federal Mediation and Conciliation Service; Gregory Goldstein; United States Office of Management and Budget; Russell T. Vought, re: 1 Complaint,,,. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/15/2025)

RECAP
6 April 15, 2025

ORDER FOR ADMISSION PRO HAC VICE granting 4 MOTION for Elisabeth Oppenheimer to Appear Pro Hac Vice. The motion of Elisabeth Oppenheimer for admission to practice Pro Hac Vice in the above captioned matter is granted. (Signed by Judge Arun Subramanian on 4/15/2025) (jca) (Entered: 04/15/2025)

RECAP
7 April 15, 2025

NOTICE OF INITIAL PRETRIAL CONFERENCE: Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as Lead Trial Counsel. (And as further set forth herein.) SO ORDERED. Initial Conference set for 5/21/2025 at 04:00 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian. (Signed by Judge Arun Subramanian on 4/15/2025) (jca) (Entered: 04/15/2025)

RECAP
8 April 15, 2025

MOTION for Cole Hanzlicek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30936069. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Hanzlicek, Cole) (Entered: 04/15/2025)

RECAP
April 15, 2025

Notice to Attorney Regarding Deficient Request for Issuance of Summons

April 15, 2025

Notice to Attorney Regarding Party Modification

April 15, 2025

Case Opening Initial Assignment Notice

April 15, 2025

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Arun Subramanian. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

April 15, 2025

Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

April 15, 2025

Case Designation

April 15, 2025

Case Designated ECF. (jgo)

April 15, 2025

Case Designated ECF

April 15, 2025

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Elisabeth Oppenheimer. The party information for the following party/parties has been modified: UNITED STATES OF AMERICA; Gregory Goldstein; Russell T. Vought. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo)

April 15, 2025

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Elisabeth Oppenheimer to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party name listed on the attached rider is not a party of record (United States Department of Justice). Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)

9 April 16, 2025

MOTION for Preliminary Injunction and NOTICE OF MOTION. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

Clearinghouse
10 April 16, 2025

MEMORANDUM OF LAW in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION. . Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals. (Attachments: # 1 Exhibit 1 RIF Notice, # 2 Exhibit 2 FMCS Approval of Exception to RIF).(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

Clearinghouse
11 April 16, 2025

DECLARATION of Miles Trager in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

RECAP
12 April 16, 2025

DECLARATION of Jamie Gulley in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

RECAP
13 April 16, 2025

DECLARATION of David Dashefsky in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

RECAP
14 April 16, 2025

DECLARATION of Bruce Todd Walters in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

RECAP
15 April 16, 2025

DECLARATION of Paul Shepherd in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

RECAP
16 April 16, 2025

DECLARATION of Brandon Hemming in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

RECAP
17 April 16, 2025

DECLARATION of Dalia Thornton in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals. (Attachments: # 1 Exhibit A - FMCS Email 2025-04-07).(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

RECAP
18 April 16, 2025

DECLARATION of Joe Guzynski in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

RECAP
19 April 16, 2025

DECLARATION of Amelia Glymph in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals. (Attachments: # 1 Exhibit A - Excerpts of CBA between NBPC and CBP, # 2 Exhibit B - Excerpts of CBA between SBA and Local 228, # 3 Exhibit C - Excerpts of AFGE Constitution).(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

RECAP
20 April 16, 2025

DECLARATION of Maneesh Sharma in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

RECAP
21 April 16, 2025

DECLARATION of Javier Ramirez in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

RECAP
22 April 16, 2025

DECLARATION of Joseph Kelleher in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/16/2025)

RECAP
23 April 16, 2025

PROPOSED ORDER. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals. Related Document Number: [ECF # 9 MOTION FOR PRELIMINARY INJUNCTION]..(Oppenheimer, Elisabeth) Proposed Order to be reviewed by Clerk's Office staff. Modified on 4/16/2025 (km). (Entered: 04/16/2025)

RECAP
24 April 16, 2025

ELECTRONIC SUMMONS ISSUED as to Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought..(pc) (Entered: 04/16/2025)

RECAP
25 April 16, 2025

ORDER FOR ADMISSION PRO HAC VICE granting 8 MOTION for Cole Hanzlicek to Appear Pro Hac Vice The motion of Cole Hanzlicek for admission to practice Pro Hac Vice in the above captioned matter is granted.. (Signed by Judge Arun Subramanian on 4/16/2025) (jca) (Entered: 04/16/2025)

RECAP
April 16, 2025

Notice Regarding Pro Hac Vice Motion

April 16, 2025

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Cole Hanzlicek to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30936069. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju)

April 16, 2025

Notice to Court Regarding Proposed Order

April 16, 2025

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 23 Proposed Order was reviewed and approved as to form. (km)

26 April 17, 2025

NOTICE OF APPEARANCE by Cole Hanzlicek on behalf of American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Hanzlicek, Cole) (Entered: 04/17/2025)

RECAP
27 April 17, 2025

CERTIFICATE OF SERVICE of ECF Nos. 1, 7, 9-24, and the Courts Individual Practices served on United States Attorneys Office for the Southern District of New York on April 16, 2025. Service was accepted by Jeffrey Oestericher, Chief of the Civil Division. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/17/2025)

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28 April 17, 2025

ORDER with respect to 9 Motion for Preliminary Injunction. Defendants are hereby ordered to file any opposition to plaintiffs' motion for a preliminary injunction, Dkt. 9, by Thursday, April 24, 2025. The Court will hear oral argument on the motion on Wednesday, April 30, 2025, at 2:00 PM in Courtroom 15A, Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, NY 10007. Because defendants have yet to enter a notice of appearance on the docket, plaintiffs are hereby ordered to serve a copy of this order on defendants. SO ORDERED. (Signed by Judge Arun Subramanian on 4/17/2025) (sgz) (Entered: 04/17/2025)

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April 17, 2025

Set/Reset Deadlines

April 17, 2025

Set/Reset Deadlines: ( Responses due by 4/24/2025), Set/Reset Hearings:( Oral Argument set for 4/30/2025 at 02:00 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Arun Subramanian.) (sgz)

29 April 24, 2025

MEMORANDUM OF LAW in Opposition re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION. . Document filed by Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought..(Fogelman, Lawrence) (Entered: 04/24/2025)

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30 April 28, 2025

REPLY to Response to Motion re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION. . Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/28/2025)

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31 April 28, 2025

FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE #38) DECLARATION of Miles Trager in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) Modified on 4/28/2025 (kj). (Entered: 04/28/2025)

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32 April 28, 2025

DECLARATION of Bruce Todd Walters in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/28/2025)

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33 April 28, 2025

DECLARATION of David DiMaria in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/28/2025)

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34 April 28, 2025

DECLARATION of Rick Dahn in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/28/2025)

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35 April 28, 2025

DECLARATION of Jill Pitman in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/28/2025)

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36 April 28, 2025

DECLARATION of Allyson L. Belovin in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/28/2025)

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37 April 28, 2025

DECLARATION of Claire Tuck in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/28/2025)

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38 April 28, 2025

DECLARATION of Miles Trager (Supplement) in Support re: 9 MOTION for Preliminary Injunction and NOTICE OF MOTION.. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 04/28/2025)

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39 May 1, 2025

PROPOSED ORDER. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals. Related Document Number: [ECF No. 9 Motion for Preliminary Injunction]..(Oppenheimer, Elisabeth) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 05/01/2025)

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40 May 1, 2025

AFFIDAVIT OF SERVICE of Summons and Complaint,,, served. Federal Mediation and Conciliation Service served on 4/18/2025, answer due 6/17/2025; Gregory Goldstein served on 4/18/2025, answer due 6/17/2025; United States Office of Management and Budget served on 4/18/2025, answer due 6/17/2025; United States of America served on 4/18/2025, answer due 6/17/2025; Russell T. Vought served on 4/18/2025, answer due 6/17/2025. Service was made by Mail. Document filed by United Nurses Associations of California/Union of Health Care Professionals; UFCW Local 135; United Federation of Teachers; American Federation of Teachers, AFL-CIO; American Federation of Labor and Congress of Industrial Organizations; United Food and Commercial Workers International Union, AFL-CIO; Service Employees International Union, AFL-CIO; IAM District 160; American Federation of Government Employees, AFL-CIO; International Association of Machinists and Aerospace Workers, AFL-CIO; SEIU Healthcare Minnesota & Iowa; American Federation of State, County & Municipal Employees, AFL-CIO; SEIU Committee of Interns and Residents. (Attachments: # 1 Exhibit A - UPS Proof of Delivery, # 2 Exhibit B - USPS Tracking Information).(Oppenheimer, Elisabeth) (Entered: 05/01/2025)

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41 May 1, 2025

NOTICE OF APPEARANCE by Lawrence Heath Fogelman on behalf of Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought..(Fogelman, Lawrence) (Entered: 05/01/2025)

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May 1, 2025

Notice to Court Regarding Proposed Order

May 1, 2025

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 39 Proposed Order, was reviewed and approved as to form. (tp)

42 May 2, 2025

ORDER: As discussed at the April 30, 2025 hearing, the parties may submit supplemental letters of no more than five, single-spaced pages by Friday, May 2, 2025, at 5:00 PM, on plaintiffs' application for a preliminary injunction. Defendants should compile the administrative record and furnish it to the plaintiffs no later than May 15, 2025. If that is infeasible, defendants should advise the Court as to why that is so, and the minimum time necessary, understanding that the need for a prompt resolution of the issues raised in this case. (Signed by Judge Arun Subramanian on 5/2/2025) (rro) (Entered: 05/02/2025)

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43 May 2, 2025

SUPPLEMENTAL LETTER addressed to Judge Arun Subramanian from Elisabeth Oppenheimer dated May 2, 2025 re: Supplement to application for a preliminary injunction. Document filed by American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals. (Attachments: # 1 Exhibit 1 FMCS Email to UFCW Local 135, # 2 Exhibit 2 Letter from NLRB General Counsel).(Oppenheimer, Elisabeth) (Entered: 05/02/2025)

1 Exhibit 1 FMCS Email to UFCW Local 135

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2 Exhibit 2 Letter from NLRB General Counsel

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44 May 2, 2025

LETTER addressed to Judge Arun Subramanian from Lawrence H. Fogelman dated May 2, 2025 re: Preliminary Injunction Motion. Document filed by Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought. (Attachments: # 1 Exhibit A).(Fogelman, Lawrence) (Entered: 05/02/2025)

1 Exhibit A

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45 May 2, 2025

PROPOSED ORDER. Document filed by Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought..(Fogelman, Lawrence) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 05/02/2025)

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46 May 2, 2025

FIRST AMENDED COMPLAINT amending 1 Complaint,,, against Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought.Document filed by United Nurses Associations of California/Union of Health Care Professionals, UFCW Local 135, United Federation of Teachers, American Federation of Teachers, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, United Food and Commercial Workers International Union, AFL-CIO, Service Employees International Union, AFL-CIO, IAM District 160, American Federation of Government Employees, AFL-CIO, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Healthcare Minnesota & Iowa, American Federation of State, County & Municipal Employees, AFL-CIO, SEIU Committee of Interns and Residents, UFCW Local 2013, AFSCME Council 31. Related document: 1 Complaint,,,. (Attachments: # 1 Exhibit Redlined First Amended Complaint).(Oppenheimer, Elisabeth) (Entered: 05/02/2025)

1 Exhibit Redlined First Amended Complaint

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Clearinghouse
47 May 5, 2025

LETTER addressed to Judge Arun Subramanian from Elisabeth Oppenheimer dated May 5, 2025 re: Notice of supplemental authority. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals. (Attachments: # 1 Supplement Order in Widakuswara v. Lake May 3, 2025).(Oppenheimer, Elisabeth) (Entered: 05/05/2025)

1 Supplement Order in Widakuswara v. Lake May 3, 2025

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May 5, 2025

Notice to Court Regarding Proposed Order

May 5, 2025

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 45 Proposed Order was reviewed and approved as to form. (km)

48 May 6, 2025

LETTER addressed to Judge Arun Subramanian from Lawrence H. Fogelman dated May 6, 2025 re: to advise the Court about the preliminary injunction granted today in the District of Rhode Island pertaining to FMCS and other agencies, in State of Rhode Island et al. v. Trump et al., C.A. No. 1:25-cv-128-JJM-LDA (D.R.I.).. Document filed by Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought. (Attachments: # 1 Exhibit A).(Fogelman, Lawrence) (Entered: 05/06/2025)

1 Exhibit A

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49 May 6, 2025

LETTER addressed to Judge Arun Subramanian from Elisabeth Oppenheimer dated May 6, 2025 re: ECF No. 48-Memorandum and Order entered in Rhode Island v. Trump. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 05/06/2025)

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50 May 7, 2025

TRANSCRIPT of Proceedings re: CONFERENCE held on 4/30/2025 before Judge Arun Subramanian. Court Reporter/Transcriber: George Malinowski, (212) 805-0300. 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. Redaction Request due 5/28/2025. Redacted Transcript Deadline set for 6/9/2025. Release of Transcript Restriction set for 8/5/2025..(McGuirk, Kelly) (Entered: 05/07/2025)

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51 May 7, 2025

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/30/2025 has been filed by the court reporter/transcriber in the above-captioned matter. The 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....(McGuirk, Kelly) (Entered: 05/07/2025)

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52 May 13, 2025

NOTICE OF APPEARANCE by Rebecca Lynn Salk on behalf of Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought..(Salk, Rebecca) (Entered: 05/13/2025)

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53 May 13, 2025

LETTER addressed to Judge Arun Subramanian from Rebecca L. Salk dated 5/13/2025 re: Order Issuing Preliminary Injunction in District of Rhode Island. Document filed by Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought. (Attachments: # 1 Exhibit A - District of Rhode Island PI Order).(Salk, Rebecca) (Entered: 05/13/2025)

1 Exhibit A - District of Rhode Island PI Order

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54 May 13, 2025

LETTER addressed to Judge Arun Subramanian from Lawrence H. Fogelman dated May 13, 2025 re: request for a 12-day extension of the date by which to produce to Plaintiffs and file the administrative record, from May 15, 2025, to May 27, 2025. Document filed by Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought..(Fogelman, Lawrence) (Entered: 05/13/2025)

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55 May 14, 2025

MEMO ENDORSEMENT on re: 54 Letter, filed by United States Office of Management and Budget, Russell T. Vought, Federal Mediation and Conciliation Service, Gregory Goldstein, United States of America. ENDORSEMENT: SO ORDERED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 54. (Signed by Judge Arun Subramanian on 5/14/2025) (sgz) (Entered: 05/14/2025)

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56 May 14, 2025

ORDER: On Tuesday, May 13, 2025, the United States District Court for the District of Rhode Island entered a preliminary injunction that furnishes the relief plaintiffs in this case seek on their pending motion for injunctive relief. See Dkt. 53-1; Dkt. 9. Meanwhile, the Court has expedited the discovery schedule in this case, which means that plaintiffs will have the administrative record by May 27, 2025, see Dkt. 54, and the Court will set a summary-judgment briefing schedule that should have this case ready for a final decision within months. In light of these developments, plaintiffs are hereby ordered to inform the Court by Friday, May 16, 2025, if there is any reason why the Court should not deny as moot the plaintiffs' motion, without prejudice to the renewal of the motion (without the need to submit further materials) if circumstances change. SO ORDERED. (Signed by Judge Arun Subramanian on 5/14/2025) (sgz) (Entered: 05/14/2025)

Clearinghouse
57 May 14, 2025

JOINT LETTER addressed to Judge Arun Subramanian from Rebecca Salk dated 5/14/2025 re: Court's Order Dated 4/15/25 (ECF No. 7). Document filed by Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought..(Salk, Rebecca) (Entered: 05/14/2025)

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58 May 16, 2025

LETTER addressed to Judge Arun Subramanian from Elisabeth Oppenheimer dated May 16, 2025 re: responding to Court Order ECF No. 56. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 05/16/2025)

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59 May 16, 2025

JOINT LETTER MOTION to Adjourn Conference Sine Die addressed to Judge Arun Subramanian from Rebecca Salk dated 5/16/2025. Document filed by Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought..(Salk, Rebecca) (Entered: 05/16/2025)

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60 May 19, 2025

MEMO ENDORSEMENT denying as moot 9 Motion for Preliminary Injunction. ENDORSEMENT: The motion for a preliminary injunction is hereby denied as moot, without prejudice to the renewal of the motion if circumstances change. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 9. SO ORDERED. (Signed by Judge Arun Subramanian on 5/19/2025) (sgz)

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61 May 19, 2025

ORDER granting 59 Letter Motion to Adjourn Conference. SO ORDERED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 59. (Signed by Judge Arun Subramanian on 5/19/2025) (sgz)

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62 May 21, 2025

LETTER addressed to Judge Arun Subramanian from Elisabeth Oppenheimer dated May 21, 2025 re: Recent Developments in Rhode Island v. Trump, Case No. 1:25-cv-128-JJM-AEM (D.R.I.). Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 05/21/2025)

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63 May 27, 2025

NOTICE of Filing of Administrative Record. Document filed by Federal Mediation and Conciliation Service, Gregory Goldstein, United States Office of Management and Budget, United States of America, Russell T. Vought. (Attachments: # 1 Exhibit Index to the Administrative Record, # 2 Exhibit AR Part 1 (FMCS_00001 - FMCS_00174), # 3 Exhibit AR Part 2 (FMCS_00175 - FMCS_00189), # 4 Exhibit AR Part 3 (FMCS_00190 - FMCS_00204), # 5 Exhibit AR Part 4 (FMCS_00205 - FMCS_00216), # 6 Exhibit AR Part 5 (FMCS_00217 - FMCS_00230), # 7 Exhibit AR Part 6 (FMCS_00231 - FMCS_00291), # 8 Exhibit AR Part 7 (FMCS_00292 - FMCS_00340), # 9 Exhibit AR Part 8 (FMCS_00341 - FMCS_00360), # 10 Exhibit Certification of Administrative Record).(Salk, Rebecca) (Entered: 05/27/2025)

1 Exhibit Index to the Administrative Record

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2 Exhibit AR Part 1 (FMCS_00001 - FMCS_00174)

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3 Exhibit AR Part 2 (FMCS_00175 - FMCS_00189)

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4 Exhibit AR Part 3 (FMCS_00190 - FMCS_00204)

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5 Exhibit AR Part 4 (FMCS_00205 - FMCS_00216)

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6 Exhibit AR Part 5 (FMCS_00217 - FMCS_00230)

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7 Exhibit AR Part 6 (FMCS_00231 - FMCS_00291)

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8 Exhibit AR Part 7 (FMCS_00292 - FMCS_00340)

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9 Exhibit AR Part 8 (FMCS_00341 - FMCS_00360)

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10 Exhibit Certification of Administrative Record

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64 May 28, 2025

JOINT LETTER addressed to Judge Arun Subramanian from Elisabeth Oppenheimer dated May 28, 2025 re: proposed schedule for summary judgment briefing. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 05/28/2025)

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65 May 29, 2025

MEMO ENDORSEMENT on re: 64 Letter. ENDORSEMENT: SO ORDERED. (Signed by Judge Arun Subramanian on 5/29/2025) (Motions due by 7/3/2025. Replies due by 7/18/2025. Responses due by 7/3/2025, Surreplies due by 7/28/2025.) (ar) (Entered: 05/29/2025)

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66 June 13, 2025

LETTER MOTION for Leave to File Second Amended Complaint as unopposed by Defendants addressed to Judge Arun Subramanian from Elisabeth Oppenheimer dated June 13, 2025. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals. (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Exhibit Redline Proposed Second Amended Complaint).(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

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66 June 13, 2025

LETTER MOTION for Leave to File Second Amended Complaint as unopposed by Defendants addressed to Judge Arun Subramanian from Elisabeth Oppenheimer dated June 13, 2025. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals. (Attachments: # 1 Exhibit Proposed Second Amended Complaint, # 2 Exhibit Redline Proposed Second Amended Complaint).(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

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67 June 13, 2025

MOTION for Summary Judgment . Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals. Responses due by 7/3/2025.(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

Clearinghouse
67 June 13, 2025

MOTION for Summary Judgment . Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals. Responses due by 7/3/2025.(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

Clearinghouse
68 June 13, 2025

MEMORANDUM OF LAW in Support re: 67 MOTION for Summary Judgment . . Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

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68 June 13, 2025

MEMORANDUM OF LAW in Support re: 67 MOTION for Summary Judgment . . Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

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69 June 13, 2025

DECLARATION of Joe Guzynski in Support re: 67 MOTION for Summary Judgment .. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

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69 June 13, 2025

DECLARATION of Joe Guzynski in Support re: 67 MOTION for Summary Judgment .. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

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70 June 13, 2025

DECLARATION of Jill Pitman in Support re: 67 MOTION for Summary Judgment .. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

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70 June 13, 2025

DECLARATION of Jill Pitman in Support re: 67 MOTION for Summary Judgment .. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

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71 June 13, 2025

DECLARATION of David DiMaria in Support re: 67 MOTION for Summary Judgment .. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

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71 June 13, 2025

DECLARATION of David DiMaria in Support re: 67 MOTION for Summary Judgment .. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

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72 June 13, 2025

DECLARATION of Scott DiMauro in Support re: 67 MOTION for Summary Judgment .. Document filed by AFSCME Council 31, American Federation of Government Employees, AFL-CIO, American Federation of Labor and Congress of Industrial Organizations, American Federation of State, County & Municipal Employees, AFL-CIO, American Federation of Teachers, AFL-CIO, IAM District 160, International Association of Machinists and Aerospace Workers, AFL-CIO, SEIU Committee of Interns and Residents, SEIU Healthcare Minnesota & Iowa, Service Employees International Union, AFL-CIO, UFCW Local 135, UFCW Local 2013, United Federation of Teachers, United Food and Commercial Workers International Union, AFL-CIO, United Nurses Associations of California/Union of Health Care Professionals..(Oppenheimer, Elisabeth) (Entered: 06/13/2025)

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Case Details

State / Territory:

New York

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 14, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are a diverse group of national and local unions representing millions of workers in education, healthcare, public service, and manufacturing.

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

Federal

Federal Mediation and Conciliation Service

Office of Management and Budget

United States of America

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Separation of Powers

Other Dockets:

Southern District of New York 1:25-cv-03072

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

Declaratory Judgment

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Reinstatement (job, contract, grant, etc.)

Issues

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)

Recommended Citation