Case: Novedades Y Servicios, Inc. v. Financial Crimes Enforcement Network

3:25-cv-00886 | U.S. District Court for the Southern District of California

Filed Date: April 15, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges a federal reporting rule requiring certain money services businesses (MSBs) near the U.S.–Mexico border to report small cash transactions. On March 11, 2025, the Financial Crimes Enforcement Network (FinCEN) issued the Southwest Border Geographic Targeting Order (GTO), requiring MSBs in thirty zip codes near the southern border to report each transaction, or series of transactions, by or for any one person totaling more than $200 in currency for money transfers to or from M…

This case challenges a federal reporting rule requiring certain money services businesses (MSBs) near the U.S.–Mexico border to report small cash transactions. On March 11, 2025, the Financial Crimes Enforcement Network (FinCEN) issued the Southwest Border Geographic Targeting Order (GTO), requiring MSBs in thirty zip codes near the southern border to report each transaction, or series of transactions, by or for any one person totaling more than $200 in currency for money transfers to or from Mexico. This reporting threshold was significantly lower than the $10,000 reporting requirement applicable elsewhere.

On April 15, 2025, Novedades Y Servicios, Inc., a California-registered MSB, and its owner, Esperanza Gomez Escobar, filed this lawsuit in the U.S. District Court for the Southern District of California. Their business, located in San Ysidro, California, operates within one of the zip codes directly targeted by the GTO. The plaintiffs brought claims under the Fourth Amendment, Fifth Amendment, Non-Delegation Doctrine, and Administrative Procedure Act against FinCEN and its Director, the U.S. Department of the Treasury and its Secretary, and the U.S. Attorney General. The case was initially assigned to Judge Anthony J. Battaglia and was reassigned to Judge Janis L. Sammartino on April 17, 2025.

Represented by private counsel from the Institute for Justice, the plaintiffs sought a declaratory judgment that the GTO was unlawful and unconstitutional, a permanent injunction against its enforcement, and an award of attorney’s fees and costs. They asserted that the GTO unfairly targeted innocent Mexican-Americans and small businesses, threatening to drive many MSBs out of business, costing millions of dollars, and eliminating services crucial to immigrant communities.

The plaintiffs claimed the GTO violated the Fourth Amendment by compelling MSBs to investigate customers and report constitutionally protected information without probable cause or a warrant, effectively making them agents of the government. They further alleged that the GTO violated the Fifth Amendment’s Due Process Clause by imposing discriminatory and economically destructive burdens without a rational basis and depriving MSBs of property without due process. The plaintiffs also contended that the GTO violated the Non-Delegation Doctrine, arguing that Congress had not authorized FinCEN to mandate reporting of transactions below $3,000 and that the GTO amounted to a legislative rule issued without specific statutory guidance. Finally, they asserted that the GTO violated the Administrative Procedure Act because it was issued without notice-and-comment rulemaking, was arbitrary and capricious, and exceeded FinCEN’s statutory authority.

On April 16, 2025, the plaintiffs filed an ex parte motion for a temporary restraining order, seeking to block enforcement of the GTO pending further proceedings. Following a hearing on April 22, 2025, the court granted the TRO, temporarily blocking enforcement of the GTO. The court found that the plaintiffs were likely to succeed on the merits of their claims, specifically their Administrative Procedure Act and non-delegation doctrine claims. Furthermore, the court determined that the plaintiffs would suffer immediate and irreparable harm, including the threat of business closure and the loss of customers and goodwill, if the TRO were not issued.

On April 29, 2025, the plaintiffs filed a motion for preliminary injunction, which Judge Sammartino granted on May 21. The court again found that the plaintiffs were likely to succeed on the merits of their APA claims. Additionally, the court found that the plaintiffs demonstrated they would suffer irreparable harm absent emergency injunctive relief, citing that compliance with the GTO would add approximately 1,000 hours of work per month for Novedades, equivalent to over 30 hours per day, which would necessitate hiring at least one full-time employee and severely threaten the business.

The court concluded that the balance of equities tipped strongly in the plaintiffs' favor and that the public interest would be served by the injunction, particularly given the government’s lack of non-speculative evidence that the required data collection would enhance public safety, in contrast to the clear threat to Novedades’ business and Esperanza Escobar’s livelihood. The injunction prohibited enforcement of the GTO throughout the Southern District of California pending resolution of the case. The defendants appealed this decision to the Ninth Circuit on July 8, 2025.

On July 16, 2025, the defendants filed an ex parte motion to stay the district court proceedings pending an appeal. The court denied this motion the following day on procedural grounds. 

The defendants filed a renewed motion to stay the district court proceedings pending an appeal on July 22, 2025. They stated that a stay was warranted based on four factors: the issues on appeal raised substantial legal questions of first impression; the government would be irreparably injured without a stay by expending significant resources on filings that might become moot; a stay would not injure the plaintiffs because the preliminary injunction remained in place, protecting their interests; and a stay would benefit the public and the court by clarifying or resolving issues and promoting judicial economy. The defendants noted that the parties would have had to brief the same issues in both the district court and the appellate court without a stay.

On July 28, 2025, the court granted the defendants' renewed ex parte motion to stay the district court proceedings pending their appeal. The court found that the plaintiffs' opposition did not address the two most relevant arguments made by the defendants: that the district court lacked jurisdiction during the appeal and that a stay would be more efficient for both the court and the parties. The court also noted that the plaintiffs’ argument about the defendants’ delay was undermined by the fact that the plaintiffs themselves had participated in a joint scheduling proposal just a few weeks prior. 

This case is ongoing in the district court and Ninth Circuit. 

Summary Authors

Victoria Tan (8/12/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69893801/parties/novedades-y-servicios-inc-v-financial-crimes-enforcement-network/


Judge(s)
Attorney for Plaintiff

Atteberry, Jeffrey Aaron (California)

Attorney, Jeffrey Rowes,

Attorney, Andrew Heller

Attorney, Nilay U.

Attorney for Defendant

Attorney, Stephanie Amanda

Expert/Monitor/Master/Other

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Documents in the Clearinghouse

Document
1

3:25-cv-00886

Complaint

April 15, 2025

April 15, 2025

Complaint
16

3:25-cv-00886

Order Granting Ex Parte Motion for Temporary Restraining Order

April 22, 2025

April 22, 2025

Order/Opinion

2025 WL 1167372

47

3:25-cv-00886

Order Granting Motion for Preliminary Injunction

May 21, 2025

May 21, 2025

Order/Opinion

2025 WL 1501936

61

3:25-cv-00886

Order Denying Without Prejudice Defendants' Motion to Stay District Court Proceedings Pending Appeal

July 17, 2025

July 17, 2025

Order/Opinion

2025 WL 2308868

62

3:25-cv-00886

Defendants' Motion to Stay District Court Proceedings Pending Appeal

July 22, 2025

July 22, 2025

Pleading / Motion / Brief
65

3:25-cv-00886

Order Granting Defendants' Motion to Stay District Court Proceedings Pending Appeal

July 28, 2025

July 28, 2025

Order/Opinion

2025 WL 2146861

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69893801/novedades-y-servicios-inc-v-financial-crimes-enforcement-network/

Last updated Aug. 21, 2025, 7:59 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ACASDC-19797074.), filed by Novedades Y Servicios, Inc., Esperanza Gomez Escobar. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:25-cv-886-AJB-DDL. Judge Anthony J. Battaglia and Magistrate Judge David D. Leshner are assigned to the case. (Sanz, Elizabeth)(axc1) (Entered: 04/15/2025)

1 Civil Cover Sheet

View on PACER

April 15, 2025

April 15, 2025

Clearinghouse
2

Corporate Disclosure Statement by Esperanza Gomez Escobar, Novedades Y Servicios, Inc.. No Corporate Parents/Interested Parties. (axc1) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
3

NOTICE of Party With Financial Interest by Esperanza Gomez Escobar, Novedades Y Servicios, Inc.. No Parties With Financial Interest. (axc1) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
4

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (axc1) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
5

Request to Appear Pro Hac Vice ( Filing fee received: $ 224 receipt number ACASDC-19800018.) (Application to be reviewed by Clerk.) (Johnson, Robert) (exs). (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
6

Request to Appear Pro Hac Vice ( Filing fee received: $ 224 receipt number ACASDC-19800042.) (Application to be reviewed by Clerk.) (Marquez, Katrin) (exs). (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
7

Request to Appear Pro Hac Vice ( Filing fee received: $ 224 receipt number ACASDC-19800395.) (Application to be reviewed by Clerk.) (Rowes, Jeffrey) (exs). (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
8

Ex Parte MOTION for Temporary Restraining Order by Esperanza Gomez Escobar, Novedades Y Servicios, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Esperanza Gomez, # 3 Declaration of Elizabeth Sanz)(Sanz, Elizabeth) (maq). (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
9

NOTICE of Intent to Oppose by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury re 8 Ex Parte MOTION for Temporary Restraining Order (Parker, Katherine)Attorney Katherine L. Parker added to party Scott Bessent(pty:dft), Attorney Katherine L. Parker added to party Pam Bondi(pty:dft), Attorney Katherine L. Parker added to party Financial Crimes Enforcement Network(pty:dft), Attorney Katherine L. Parker added to party Andrea Gacki(pty:dft), Attorney Katherine L. Parker added to party U.S. Department of the Treasury(pty:dft) (maq). (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

PACER
10

MINUTE ORDER OF TRANSFER. Judge Anthony J. Battaglia is no longer assigned. Case reassigned to Judge Janis L. Sammartino for all further proceedings. The new case number is 25cv886-JLS-DDL.(no document attached) (aas) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER
11

ORDER Setting Briefing Schedule and Setting Hearing re 8 Ex Parte MOTION for Temporary Restraining Order. Responses due by 4/18/2025, Replies due by 4/19/2025. Motion Hearing set for 4/22/2025 09:30 AM before Judge Janis L. Sammartino. Signed by Judge Janis L. Sammartino on 4/17/25.(aas) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

RECAP

Order of Judge Transfer

April 17, 2025

April 17, 2025

PACER
12

SUMMONS Returned Executed by Novedades Y Servicios, Inc., Esperanza Gomez Escobar. All Defendants served. (Sanz, Elizabeth) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
13

RESPONSE in Opposition re 8 Ex Parte MOTION for Temporary Restraining Order filed by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury. (Attachments: # 1 Exhibit Notice of Lodgment and Exhibits 1-3)(Parker, Katherine) (Entered: 04/18/2025)

1 Exhibit Notice of Lodgment and Exhibits 1-3

View on RECAP

April 18, 2025

April 18, 2025

RECAP
14

REPLY to Response to Motion re 8 Ex Parte MOTION for Temporary Restraining Order filed by Esperanza Gomez Escobar, Novedades Y Servicios, Inc.. (Attachments: # 1 Second Declaration of Esperanza Gomez)(Sanz, Elizabeth) (aas). (Entered: 04/19/2025)

April 19, 2025

April 19, 2025

PACER
15

Minute Order for proceedings held before Judge Janis L. Sammartino: Motion Hearing held on 4/22/2025 re 8 Ex Parte MOTION for Temporary Restraining Order filed by Novedades Y Servicios, Inc., Esperanza Gomez Escobar. Oral arguments held. The Court grants 8 Motion for TRO. Written order to follow. The Administrative Record is due by 4/25/2025. Motion for Preliminary Injunction is due by 4/29/2025. Responses due by 5/6/2025 and Replies due by 5/9/2025. A Motion Hearing re Preliminary Injunction is set for 5/15/2025 at 9:00 AM in Courtroom 4D before Judge Janis L. Sammartino. (Court Reporter/ECR Stephanie Whitehead). (Plaintiff Attorney Robert Johnson, Elizabeth Sanz and Katrin Marquez).(Defendant Attorney AUSA Katherine Parker). (no document attached) (ag) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
16

ORDER Granting 8 Ex Parte MOTION for Temporary Restraining Order. Signed by Judge Janis L. Sammartino on 4/22/25.(aas) (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

Clearinghouse

Motion Hearing AND Order on Motion for TRO AND ~Util - Set Motion and R&R Deadlines/Hearings

April 22, 2025

April 22, 2025

PACER
17

NOTICE Regarding Administrative Record by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury (Parker, Katherine) (aas). (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

RECAP
18

NOTICE of Lodgment by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury Public Administrative Record (Attachments: # 1 Exhibit Certification and Index, # 2 Exhibit Pages 001-167, # 3 Exhibit Pages 168-224, # 4 Exhibit Pages 225-264, # 5 Exhibit Pages 265-304, # 6 Exhibit Pages 305-420, # 7 Exhibit Pages 421-443)(Parker, Katherine) (aas). (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
19

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 4/22/2025, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Stephanie Whitehead. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 5/19/2025. Redacted Transcript Deadline set for 5/29/2025. Release of Transcript Restriction set for 7/28/2025. (aas)(jrd) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

PACER
20

NOTICE of Appearance as co-counsel by Nilay U. Vora on behalf of Esperanza Gomez Escobar, Novedades Y Servicios, Inc. (Vora, Nilay)Attorney Nilay U. Vora added to party Esperanza Gomez Escobar(pty:pla), Attorney Nilay U. Vora added to party Novedades Y Servicios, Inc.(pty:pla) (aas). (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
21

NOTICE of Appearance as co-counsel by Jeffrey Aaron Atteberry on behalf of Esperanza Gomez Escobar, Novedades Y Servicios, Inc. (Atteberry, Jeffrey)Attorney Jeffrey Aaron Atteberry added to party Esperanza Gomez Escobar(pty:pla), Attorney Jeffrey Aaron Atteberry added to party Novedades Y Servicios, Inc.(pty:pla) (aas). (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
22

MOTION for Preliminary Injunction by Esperanza Gomez Escobar, Novedades Y Servicios, Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Esperanza Gomez, # 3 Declaration of Andres Payan, Jr., # 4 Declaration of Antonio Carpio, # 5 Declaration of Anuar Contreras, # 6 Declaration of Arnoldo Gonzalez Jr., # 7 Declaration of Clarissa Ashley Light, # 8 Declaration of Mariceli Castro, # 9 Declaration of Elizabeth Sanz)(Sanz, Elizabeth) (aas). (Entered: 04/29/2025)

April 29, 2025

April 29, 2025

PACER
23

ORDER Denying the Pro Hac Vice Application of Robert E. Johnson, re 5 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 4/30/2025.(rmc) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
24

ORDER Denying the Pro Hac Vice Application of Katrin Marquez, re 6 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 4/30/2025.(rmc) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

RECAP
25

ORDER Denying the Pro Hac Vice Application of Jeffrey T. Rowes, re 7 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 4/30/2025.(rmc) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

RECAP
26

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Johnson, Robert) (rmc). (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
27

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Rowes, Jeffrey) (rmc). (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
28

Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Marquez, Katrin) (rmc). (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
29

ORDER Approving the Pro Hac Vice Application of Robert E. Johnson, re 26 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 4/30/2025.(rmc) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
30

ORDER Approving the Pro Hac Vice Application of Katrin Marquez, re 28 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 4/30/2025.(rmc) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
31

ORDER Approving the Pro Hac Vice Application of Jeffrey T. Rowes, re 27 Request to Appear Pro Hac Vice. Signed by Judge Janis L. Sammartino on 4/30/2025.(rmc) (Entered: 04/30/2025)

April 30, 2025

April 30, 2025

PACER
32

SUMMONS Returned Executed by Novedades Y Servicios, Inc., Esperanza Gomez Escobar. Andrea Gacki served. (Sanz, Elizabeth) (aas).

May 2, 2025

May 2, 2025

RECAP
33

SUMMONS Returned Executed by Novedades Y Servicios, Inc., Esperanza Gomez Escobar. Scott Bessent served., SUMMONS Returned Executed by Novedades Y Servicios, Inc., Esperanza Gomez Escobar. Scott Bessent served. (Sanz, Elizabeth) (aas).

May 2, 2025

May 2, 2025

PACER
34

SUMMONS Returned Executed by Novedades Y Servicios, Inc., Esperanza Gomez Escobar. Pam Bondi served. (Sanz, Elizabeth) (aas).

May 2, 2025

May 2, 2025

PACER
35

SUMMONS Returned Executed by Novedades Y Servicios, Inc., Esperanza Gomez Escobar. Financial Crimes Enforcement Network served. (Sanz, Elizabeth) (aas).

May 2, 2025

May 2, 2025

PACER
36

SUMMONS Returned Executed by Novedades Y Servicios, Inc., Esperanza Gomez Escobar. U.S. Department of the Treasury served. (Sanz, Elizabeth) (aas).

May 2, 2025

May 2, 2025

RECAP
37

NOTICE of Appearance by Ava Sadeghi on behalf of Money Services Business Association, Inc. (Sadeghi, Ava)Attorney Ava Sadeghi added to party Money Services Business Association, Inc.(pty:am) (aas).

May 2, 2025

May 2, 2025

PACER
38

NOTICE of Appearance by David Samuel Wilson on behalf of Money Services Business Association, Inc. (Wilson, David)Attorney David Samuel Wilson added to party Money Services Business Association, Inc.(pty:am) (aas).

May 2, 2025

May 2, 2025

PACER
39

NOTICE of Appearance by Daniel C. Silva on behalf of Money Services Business Association, Inc. (Silva, Daniel)Attorney Daniel C. Silva added to party Money Services Business Association, Inc.(pty:am) (aas).

May 2, 2025

May 2, 2025

PACER
40

RESPONSE in Opposition re 22 MOTION for Preliminary Injunction filed by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury. (Attachments: # 1 Declaration of Andrea Gacki, # 2 Exhibit 2 (CTR Screenshots))(Parker, Katherine) (aas). (Entered: 05/06/2025)

1 Declaration of Andrea Gacki

View on RECAP

2 Exhibit 2 (CTR Screenshots)

View on PACER

May 6, 2025

May 6, 2025

RECAP
41

Amicus Curiae Appearance entered by Ava Sadeghi on behalf of Money Services Business Association, Inc.. (Attachments: # 1 Declaration of Daniel Silva, # 2 Declaration of Connie Fenchel, # 3 Declaration of Nona Rangel, # 4 Declaration of Lee Jeffrey Ross, Jr., # 5 Declaration of Kathryn Tomasofsky)(Sadeghi, Ava) (aas). (Entered: 05/06/2025)

May 6, 2025

May 6, 2025

PACER
42

REPLY to Response to Motion re 22 MOTION for Preliminary Injunction filed by Esperanza Gomez Escobar, Money Services Business Association, Inc., Novedades Y Servicios, Inc.. (Sanz, Elizabeth) (aas). (Entered: 05/09/2025)

May 9, 2025

May 9, 2025

PACER
43

NOTICE of Amended Declaration by Esperanza Gomez Escobar, Novedades Y Servicios, Inc. re 22 MOTION for Preliminary Injunction (Attachments: # 1 Amended Declaration of Andres Payan, Jr.)(Sanz, Elizabeth) (aas). (Entered: 05/11/2025)

1 Amended Declaration of Andres Payan, Jr.

View on RECAP

May 11, 2025

May 11, 2025

Clearinghouse
44

REQUEST FOR JUDICIAL NOTICE by Esperanza Gomez Escobar, Novedades Y Servicios, Inc. (Attachments: # 1 Exhibit A - Transcript of Hearing)(Sanz, Elizabeth) (aas). (Entered: 05/14/2025)

1 Exhibit A - Transcript of Hearing

View on RECAP

May 14, 2025

May 14, 2025

RECAP
45

Minute Order for proceedings held before Judge Janis L. Sammartino: Motion Hearing held on 5/15/2025 re 22 MOTION for Preliminary Injunction filed by Novedades Y Servicios, Inc. and Esperanza Gomez Escobar. Oral arguments held. Plaintiff's oral motion to augment the record is granted in part and denied in part. The Court grants 22 Motion for Preliminary Injunction. Written order to follow. (Court Reporter/ECR Stephanie Whitehead). (Plaintiff Attorney Robert E. Johnson, Katrin Marquez, Elizabeth L. Sanz and Nilay Vora).(Defendant Attorney Katherine L. Parker).(Amicus Attorney Daniel Silva). (no document attached) (ag) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

PACER

Motion Hearing AND Order on Motion for Preliminary Injunction

May 15, 2025

May 15, 2025

PACER
46

NOTICE of Supplement to Administrative Record by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury re 18 Notice of Lodgment, (Attachments: # 1 Supplement to Certification of Administrative Record and Revised Index, # 2 Supplement to Public Administrative Record)(Parker, Katherine) (aas). (Entered: 05/19/2025)

1 Supplement to Certification of Administrative Record and Revised Index

View on PACER

2 Supplement to Public Administrative Record

View on PACER

May 19, 2025

May 19, 2025

PACER
47

ORDER Granting 22 MOTION for Preliminary Injunction. Signed by Judge Janis L. Sammartino on 5/21/255.(aas) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

Clearinghouse
48

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 5/15/2025, before Judge Janis L. Sammartino. Court Reporter/Transcriber: Stephanie Whitehead. 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 or the Court Reporter/Transcriber. If redaction is necessary, parties have seven calendar days from the file date of the Transcript to E-File the Notice of Intent to Request Redaction. The following deadlines would also apply if requesting redaction: Redaction Request Statement due to Court Reporter/Transcriber 6/11/2025. Redacted Transcript Deadline set for 6/23/2025. Release of Transcript Restriction set for 8/19/2025. (aas)(jrd) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

PACER
49

Ex Parte MOTION for Extension of Time to File Response to Complaint (Unopposed) by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury. (Parker, Katherine) (aas). (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

PACER
50

RESPONSE to Motion re 49 Ex Parte MOTION for Extension of Time to File Response to Complaint (Unopposed) filed by Esperanza Gomez Escobar, Novedades Y Servicios, Inc.. (Johnson, Robert) (aas). (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

PACER
51

ORDER Granting 49 Defendant's Ex Parte Applicaiton Seeking Extension of Time to Respond to Complaint. Signed by Judge Janis L. Sammartino on 6/13/25. (aas) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

RECAP
52

NOTICE of Appearance by Stephanie Amanda Sotomayor on behalf of Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury (Sotomayor, Stephanie)Attorney Stephanie Amanda Sotomayor added to party Scott Bessent(pty:dft), Attorney Stephanie Amanda Sotomayor added to party Pam Bondi(pty:dft), Attorney Stephanie Amanda Sotomayor added to party Financial Crimes Enforcement Network(pty:dft), Attorney Stephanie Amanda Sotomayor added to party Andrea Gacki(pty:dft), Attorney Stephanie Amanda Sotomayor added to party U.S. Department of the Treasury(pty:dft) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

PACER
52

NOTICE of Appearance by Stephanie Amanda Sotomayor on behalf of Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury (Sotomayor, Stephanie)Attorney Stephanie Amanda Sotomayor added to party Scott Bessent(pty:dft), Attorney Stephanie Amanda Sotomayor added to party Pam Bondi(pty:dft), Attorney Stephanie Amanda Sotomayor added to party Financial Crimes Enforcement Network(pty:dft), Attorney Stephanie Amanda Sotomayor added to party Andrea Gacki(pty:dft), Attorney Stephanie Amanda Sotomayor added to party U.S. Department of the Treasury(pty:dft) (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

PACER
53

Ex Parte MOTION for Extension of Time to File Response to Complaint (Unopposed) by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury. (Sotomayor, Stephanie) (aas). (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

PACER
53

Ex Parte MOTION for Extension of Time to File Response to Complaint (Unopposed) by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury. (Sotomayor, Stephanie) (aas). (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

PACER
54

ORDER Granting 53 Defendant's Ex Parte Application Seeking Extension of Time to Respond to the Complaint. Signed by Judge Janis L. Sammartino on 7/7/25. (aas) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
54

ORDER Granting 53 Defendant's Ex Parte Application Seeking Extension of Time to Respond to the Complaint. Signed by Judge Janis L. Sammartino on 7/7/25. (aas) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

PACER
55

Joint MOTION Proposed Schedule by Esperanza Gomez Escobar, Money Services Business Association, Inc., Novedades Y Servicios, Inc.. (Johnson, Robert)Attorney Robert E. Johnson added to party Money Services Business Association, Inc.(pty:am) (aas). (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

RECAP
55

Joint MOTION Proposed Schedule by Esperanza Gomez Escobar, Money Services Business Association, Inc., Novedades Y Servicios, Inc.. (Johnson, Robert)Attorney Robert E. Johnson added to party Money Services Business Association, Inc.(pty:am) (aas). (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

RECAP
56

NOTICE OF APPEAL to the 9th Circuit as to 47 Order by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury., Fee Waived (Notice of Appeal electronically transmitted to US Court of Appeals.) (Sotomayor, Stephanie) (dim). (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

RECAP
57

ORDER Setting Briefing Schedule for the Parties' Cross-Motions for Summary Judgment and Vacating Defendant's Deadline for Filing an Answer to Plaintiffs' Complaint re 55 Motion. Signed by Judge Janis L. Sammartino on 7/8/25. (aas) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

RECAP
58

USCA Case Number 25-4238 for 56 Notice of Appeal to 9th Circuit, filed by Scott Bessent, Andrea Gacki, Pam Bondi, Financial Crimes Enforcement Network, U.S. Department of the Treasury. (Attachments: # 1 Attorney Appeal Case Opening, # 2 Pro Se Appeals Case Opening, # 3 Ninth Circuit Appellate Mentoring Program)(mjw) (Entered: 07/10/2025)

July 9, 2025

July 9, 2025

PACER
59

USCA Time Schedule Order as to 56 Notice of Appeal to 9th Circuit, filed by Scott Bessent, Andrea Gacki, Pam Bondi, Financial Crimes Enforcement Network, U.S. Department of the Treasury. (NOTICE TO PARTIES of deadlines regarding appellate transcripts: Appellant shall file transcript designation and ordering form with the US District Court, provide a copy of the form to the court reporter, and make payment arrangements with the court reporter on or by 8/7/2025 (see Ninth Circuit Rule 10-3.1); Due date for filing of transcripts in US District Court is 9/8/2025.) (mjw) (Entered: 07/10/2025)

July 9, 2025

July 9, 2025

PACER
60

Ex Parte MOTION to Stay District Court Proceedings Pending Appeal by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury. (Sotomayor, Stephanie) (aas). (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

PACER
61

ORDER Denying without Prejudice Defendants' 60 Motion to Stay District Court Proceedings Pending Appeal. Signed by Judge Janis L. Sammartino on 7/17/25. (aas) (Entered: 07/17/2025)

July 17, 2025

July 17, 2025

Clearinghouse
62

Ex Parte MOTION to Stay District Court Proceedings Pending Appeal by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury. (Attachments: # 1 Declaration of Stephanie A. Sotomayor)(Sotomayor, Stephanie) (aas). (Entered: 07/22/2025)

1 Declaration of Stephanie A. Sotomayor

View on RECAP

July 22, 2025

July 22, 2025

Clearinghouse
63

RESPONSE in Opposition re 62 Ex Parte MOTION to Stay District Court Proceedings Pending Appeal filed by Esperanza Gomez Escobar, Novedades Y Servicios, Inc.. (Johnson, Robert) (aas). (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

RECAP
64

REPLY to Response to Motion re 62 Ex Parte MOTION to Stay District Court Proceedings Pending Appeal filed by Scott Bessent, Pam Bondi, Financial Crimes Enforcement Network, Andrea Gacki, U.S. Department of the Treasury. (Sotomayor, Stephanie) (aas). (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

RECAP
65

ORDER Granting 62 Defendants' Motion to Stay District Court Proceedings Pending Appeal. Signed by Judge Janis L. Sammartino on 7/28/25. (aas)

July 28, 2025

July 28, 2025

RECAP

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump 1.0 & 2.0 Immigration Enforcement Order Challenges

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Immigration Enforcement)

Key Dates

Filing Date: April 15, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Novedades Y Servicios, Inc., a California-registered Money Services Business, and its owner

Plaintiff Type(s):

Private Plaintiff

Closely-held (for profit) corporation

Attorney Organizations:

Institute for Justice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Attorney General (- United States (national) -), Federal

Financial Crimes Enforcement Network (- United States (national) -), Federal

U.S. Department of the Treasury (- United States (national) -), Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Unreasonable search and seizure

Non-delegation Doctrine

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Order Duration: 2025 - None

Issues

General/Misc.:

Other Banking

Discrimination Area:

Disparate Impact

Affected National Origin/Ethnicity(s):

Hispanic

Immigration/Border:

Constitutional rights