Case: Harper v. Bessent

Harper. Bessent

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

COMPLAINT against SCOTT BESSENT, LARRY FAZIO, KYLE S. HAUPTMAN, TRENT MORSE, DONALD J. TRUMP ( Filing fee $ 405 receipt number ADCDC-11646788) filed by TODD M. HARPER, TANYA F. OTSUKA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons)(Levy, Vincent) (Entered: 04/28/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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SUMMONS (7) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 04/28/2025)

Case Assigned/Reassigned

Case Assigned to Judge Amir H. Ali. (zmtm)

MOTION for Preliminary Injunction, MOTION for Summary Judgment by TODD M. HARPER, TANYA F. OTSUKA. (Attachments: # (1) Memorandum in Support, # (2) Statement of Facts, # (3) Declaration of Todd M. Harper, # (4) Exhibit A to Harper Declaration--April 15, 2025 Email, # (5) Declaration of Tanya F. Otsuka, # (6) Exhibit A to Otsuka Declaration--April 15, 2025 Email, # (7) Text of Proposed Order)(Levy, Vincent)

1 Memorandum in Support

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2 Statement of Facts

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3 Declaration of Todd M. Harper

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4 Exhibit A to Harper Declaration--April 15, 2025 Email

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5 Declaration of Tanya F. Otsuka

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6 Exhibit A to Otsuka Declaration--April 15, 2025 Email

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7 Text of Proposed Order

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MOTION to Expedite Motion for a Preliminary Injunction and for Judgment on the Merits by TODD M. HARPER, TANYA F. OTSUKA. (Attachments: # (1) Text of Proposed Order)(Levy, Vincent)

1 Text of Proposed Order

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Joint STATUS REPORT by TODD M. HARPER, TANYA F. OTSUKA. (Levy, Vincent)

MINUTE ORDER. The Court is in receipt of Plaintiffs' 3 motion for preliminary injunction and summary judgment and 4 motion to expedite. The parties are directed to meet, confer, and file a joint status report by 6:00 p.m. today that (1) advises the Court whether the meeting of the National Credit Union Administration Board scheduled for May 22, 2025, will take place on that date or be postponed in light of these proceedings, and (2) proposes a briefing schedule. If the Board meeting will proceed on the date planned, the parties' proposed briefing schedule shall provide for briefing to be complete by no later than May 12, 2025. Plaintiffs are directed to promptly serve a copy of this order on Defendants. Signed by Judge Amir H. Ali on 4/29/2025. (lcaha2)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/29/2025. Answer due for ALL FEDERAL DEFENDANTS by 6/28/2025. (Levy, Vincent)

CERTIFICATE OF SERVICE by TODD M. HARPER, TANYA F. OTSUKA re [3] MOTION for Preliminary Injunction MOTION for Summary Judgment, [4] MOTION to Expedite Motion for a Preliminary Injunction and for Judgment on the Merits, Status Report Order,,, . (Levy, Vincent)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER. The Court is in receipt of the parties' 5 joint status report. The Court adopts the parties' proposed briefing schedule for Plaintiffs' 3 motion for preliminary injunction and summary judgment. Defendants shall file their opposition by May 7, 2025. Plaintiffs shall file their reply by May 12, 2025. The parties should notify the Court at the earliest possible opportunity if the circumstances of the May 22, 2025, Board meeting change. Signed by Judge Amir H. Ali on 4/30/2025. (lcaha2)

NOTICE of Appearance by Elisabeth Neylan on behalf of All Defendants (Neylan, Elisabeth) (Entered: 05/01/2025)

STANDING ORDER. The parties are ordered to comply with the directives set forth in the attached standing order. Signed by Judge Amir H. Ali on 5/5/2025. (lcaha2) (Entered: 05/05/2025)

Joint MOTION to Amend/Correct Order,,, Set Deadlines,, by TODD M. HARPER, TANYA F. OTSUKA. (Attachments: # 1 Text of Proposed Order)(Levy, Vincent) (Entered: 05/06/2025)

1 Text of Proposed Order

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Order on Motion to Amend/Correct AND Set/Reset Deadlines

MINUTE ORDER. The parties' 10 joint motion to amend the briefing schedule for Plaintiffs' 3 motion for preliminary injunction and summary judgment is granted. The briefing schedule is modified as follows: Defendants shall file their opposition and any cross motion by May 9, 2025. Plaintiffs shall file their reply and opposition to any cross motion by May 19, 2025. Defendants shall file their reply in support of any cross motion by May 23, 2025. Signed by Judge Amir H. Ali on 5/6/2025. (lcaha2)

Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for a Preliminary Injunction and Summary Judgment by SCOTT BESSENT, LARRY FAZIO, KYLE S. HAUPTMAN, TRENT MORSE, DONALD J. TRUMP. (Attachments: # 1 Memorandum in Support of Cross Motion for Summary Judgment and in Opposition to Plaintiff's Motion for a Preliminary Injunction and Summary Judgment, # 2 Statement of Facts, # 3 Text of Proposed Order)(Neylan, Elisabeth) (Entered: 05/09/2025)

1 Memorandum in Support of Cross Motion for Summary Judgment and in Opposition to

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2 Statement of Facts

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3 Text of Proposed Order

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Memorandum in opposition to re 3 MOTION for Preliminary Injunction MOTION for Judgment filed by SCOTT BESSENT, LARRY FAZIO, KYLE S. HAUPTMAN, TRENT MORSE, DONALD J. TRUMP. (See docket entry 11 to view document). (mg) (Entered: 05/14/2025)

Memorandum in opposition to motion

Memorandum in opposition to re 11 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for a Preliminary Injunction and Summary Judgment filed by TODD M. HARPER, TANYA F. OTSUKA. (Attachments: # 1 Response to Defendants' Statement of Material Facts, # 2 Declaration of Todd M. Harper)(Levy, Vincent) (Entered: 05/19/2025)

1 Response to Defendants' Statement of Material Facts

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2 Declaration of Todd M. Harper

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REPLY to opposition to motion re 3 Motion for Preliminary Injunction,, Motion for Judgment, filed by TODD M. HARPER, TANYA F. OTSUKA. (Attachments: # 1 Declaration of Todd M. Harper)(Levy, Vincent) (Entered: 05/19/2025)

REPLY to opposition to motion re 11 Motion for Summary Judgment, Reply in Support of Defendants' Cross-Motion for Summary Judgment filed by SCOTT BESSENT, LARRY FAZIO, KYLE S. HAUPTMAN, TRENT MORSE, DONALD J. TRUMP. (Neylan, Elisabeth) (Entered: 05/23/2025)

.Order AND ~Util - Set/Reset Hearings

MINUTE ORDER. The Court will hold a motion hearing on Plaintiffs' 3 motion for preliminary injunction and summary judgment and Defendants' 11 cross motion for summary judgment on June 12, 2025, at 3:00 p.m. in Courtroom 19. Each party will be given an opportunity to make submissions on the motions. A public access line will be provided for the hearing: the toll-free number is 833-990-9400, and the Meeting ID is 771021014. Persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. See In re: Prohibition on Photographing, Recording, Broadcasting, and Livestreaming Judicial Proceedings, Standing Order 24-31 (JEB) (Sept. 18, 2024). Signed by Judge Amir H. Ali on 5/27/2025. (lcaha2)

NOTICE of Appearance by Denis D. Metin on behalf of TODD M. HARPER, TANYA F. OTSUKA (Metin, Denis) (Entered: 06/02/2025)

NOTICE of Appearance by Christopher Kim on behalf of TODD M. HARPER, TANYA F. OTSUKA (Kim, Christopher) (Entered: 06/02/2025)

MOTION for Leave to File Amicus Brief by JEFFREY MOATS. (Attachments: # 1 Brief Amicus Curiae of Jeffrey Moats in Support of Defendants' Cross-Motion for Summary Judgment, # 2 Exhibit A - Joint Stipulation of Facts in Moats v. NCUAB, # 3 Text of Proposed Order)(Schiff, Damien) (Entered: 06/09/2025)

1 Brief Amicus Curiae of Jeffrey Moats in Support of Defendants' Cross-Motio

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2 Exhibit A - Joint Stipulation of Facts in Moats v. NCUAB

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3 Text of Proposed Order

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NOTICE of Appearance by Damien M. Schiff on behalf of JEFFREY MOATS (Schiff, Damien) (Entered: 06/09/2025)

Motion Hearing

Minute Entry for proceedings held before Judge Amir H. Ali: Motion Hearing held on 6/12/2025 re 3 Motion for Preliminary Injunction and Summary Judgment and 11 Cross Motion for Summary Judgment. Oral arguments heard. The Court takes the motions under advisement. (Court Reporter: Sonja Reeves) (zalh)

TRANSCRIPT OF MOTION HEARING before Judge Amir H. Ali held on June 12, 2025; Page Numbers: 1-49. Date of Issuance: June 13, 2025. Court Reporter/Transcriber Sonja L. Reeves, RDR, CRR, Telephone number (202) 354-3246, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/4/2025. Redacted Transcript Deadline set for 7/14/2025. Release of Transcript Restriction set for 9/11/2025.(Reeves, Sonja) (Entered: 06/13/2025)

NOTICE OF SUPPLEMENTAL AUTHORITY by TODD M. HARPER, TANYA F. OTSUKA (Attachments: # 1 June 13, 2025, opinion in Mary Boyle, et al. v. Donald J. Trump, et al., No. 8:25-cv-01628-MJM, ECF No. 24)(Levy, Vincent) (Entered: 06/16/2025)

1 June 13, 2025, opinion in Mary Boyle, et al. v. Donald J. Trump, et al., No. 8:

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RESPONSE re 18 MOTION for Leave to File Amicus Brief filed by TODD M. HARPER, TANYA F. OTSUKA. (Levy, Vincent) (Entered: 06/23/2025)

Joint STATUS REPORT by TODD M. HARPER, TANYA F. OTSUKA. (Levy, Vincent) (Entered: 06/23/2025)

RESPONSE re 21 NOTICE OF SUPPLEMENTAL AUTHORITY filed by SCOTT BESSENT, LARRY FAZIO, KYLE S. HAUPTMAN, TRENT MORSE, DONALD J. TRUMP. (Neylan, Elisabeth) (Entered: 06/25/2025)

Unopposed MOTION to Stay Obligation to file Rule 12 Response to Complaint by SCOTT BESSENT, LARRY FAZIO, KYLE S. HAUPTMAN, TRENT MORSE, DONALD J. TRUMP. (Attachments: # 1 Text of Proposed Order)(Neylan, Elisabeth) (Entered: 06/26/2025)

1 Text of Proposed Order

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NOTICE OF SUPPLEMENTAL AUTHORITY by SCOTT BESSENT, LARRY FAZIO, KYLE S. HAUPTMAN, TRENT MORSE, DONALD J. TRUMP (Attachments: # 1 Exhibit Kennedy v. Braidwood Management, Inc., 606 U.S. --- (2025) (slip op.))(Neylan, Elisabeth) (Entered: 06/27/2025)

1 Exhibit Kennedy v. Braidwood Management, Inc., 606 U.S. --- (2025) (slip op.)

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Order on Motion to Stay

MINUTE ORDER. Defendants' 25 unopposed motion to stay their obligation to file a Rule 12 response to the complaint is granted. Signed by Judge Amir H. Ali on 6/27/2025. (lcaha2)

RESPONSE re 26 NOTICE OF SUPPLEMENTAL AUTHORITY filed by TODD M. HARPER, TANYA F. OTSUKA. (Levy, Vincent) (Entered: 06/30/2025)

MEMORANDUM OPINION. Plaintiffs' 3 motion for summary judgment is granted, and Defendants' 11 cross motion for summary judgment is denied. Plaintiffs' 3 motion for preliminary injunction and 4 motion for expedition are denied as moot. See document for details. Signed by Judge Amir H. Ali on 7/22/2025. (lcaha2)

ORDER. For the reasons stated in the accompanying memorandum opinion, Plaintiffs' 3 motion for summary judgment is granted, and Defendants' 11 cross motion for summary judgment is denied. Plaintiffs' 3 motion for preliminary injunction and 4 motion for expedition are denied as moot. See document for details. The Clerk of Court is directed to close the case. Signed by Judge Amir H. Ali on 7/22/2025. (lcaha2) (Entered: 07/22/2025)

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 28 Memorandum & Opinion, 29 Order on Motion for Preliminary Injunction,, Order on Motion for Judgment,, Order on Motion to Expedite,, Order on Motion for Summary Judgment, by TRENT MORSE, SCOTT BESSENT, DONALD J. TRUMP, LARRY FAZIO, KYLE S. HAUPTMAN. Fee Status: No Fee Paid. Parties have been notified. (Neylan, Elisabeth) (Entered: 07/22/2025)

MOTION to Stay re 28 Memorandum & Opinion, 29 Order on Motion for Preliminary Injunction,, Order on Motion for Judgment,, Order on Motion to Expedite,, Order on Motion for Summary Judgment, by SCOTT BESSENT, LARRY FAZIO, KYLE S. HAUPTMAN, TRENT MORSE, DONALD J. TRUMP. (Attachments: # 1 Text of Proposed Order)(Neylan, Elisabeth) (Entered: 07/22/2025)

1 Text of Proposed Order

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AMICUS BRIEF by JEFFREY MOATS. (Attachments: # 1 Exhibit A - Joint Stipulation of Facts in Moats v. NCUAB)(mg) (Entered: 08/04/2025)

MINUTE ORDER. Jeffrey Moats's 18 motion for leave to file amicus brief is granted. Signed by Judge Amir H. Ali on 7/22/2025. (lcaha2)

Order on Motion for Leave to File Amicus Brief

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 30 Notice of Appeal to DC Circuit Court,. (mg) (Entered: 07/23/2025)

USCA Case Number

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER. The Court is in receipt of Defendants' 31 motion to stay the Court's order pending appeal. The motion does not address the Board meeting scheduled to take place on July 24, 2025, or suggest that it provides any basis for a stay. Plaintiffs shall respond to the motion by July 24, 2025, at noon. Signed by Judge Amir H. Ali on 7/23/2025. (lcaha2)

USCA Case Number 25-5268 for 30 Notice of Appeal to DC Circuit Court, filed by DONALD J. TRUMP, KYLE S. HAUPTMAN, LARRY FAZIO, TRENT MORSE, SCOTT BESSENT. (mg)

Memorandum in opposition to re 31 MOTION to Stay re 28 Memorandum & Opinion, 29 Order on Motion for Preliminary Injunction,, Order on Motion for Judgment,, Order on Motion to Expedite,, Order on Motion for Summary Judgment, filed by TODD M. HARPER, TANYA F. OTSUKA. (Levy, Vincent) (Entered: 07/24/2025)

REPLY to opposition to motion re 31 Motion to Stay, filed by SCOTT BESSENT, LARRY FAZIO, KYLE S. HAUPTMAN, TRENT MORSE, DONALD J. TRUMP. (Neylan, Elisabeth) (Entered: 07/24/2025)

ORDER. Defendants' 31 motion to stay is denied. See document for details. Defendants shall promptly file notice of this order with the Court of Appeals. Signed by Judge Amir H. Ali on 7/24/2025. (lcaha2)