Case: Axle of Dearborn, Inc. v. Department of Commerce

President Donald Trump

President Donald Trump

Summons . Filed by Samantha Clark Sewall of Gibson, Dunn & Crutcher, LLP on behalf of Axle of Dearborn, Inc. d/b/a Detroit Axle. (Sewall, Samantha) (Entered: 05/16/2025)

Complaint against All Defendants. Answer due by 7/15/2025. Filed by Samantha Clark Sewall of Gibson, Dunn & Crutcher, LLP on behalf of Axle of Dearborn, Inc. d/b/a Detroit Axle.(Sewall, Samantha) (Entered: 05/16/2025)

Form 5 Information Statement . Filed by Samantha Clark Sewall of Gibson, Dunn & Crutcher, LLP on behalf of All Plaintiffs. (Sewall, Samantha) (Entered: 05/16/2025)

Form 11 Notice of Appearance . Filed by Samantha Clark Sewall of Gibson, Dunn & Crutcher, LLP on behalf of All Plaintiffs.(Sewall, Samantha) (Entered: 05/16/2025)

Form 13 Corporate Disclosure Statement . Filed by Samantha Clark Sewall of Gibson, Dunn & Crutcher, LLP on behalf of All Plaintiffs. (Sewall, Samantha) (Entered: 05/16/2025)

Form 11 Notice of Appearance . Filed by Liridona Sinani of U.S. Department of Justice on behalf of All Defendants.(Sinani, Liridona) (Entered: 05/19/2025)

Certificate of service . Filed by Samantha Clark Sewall of Gibson, Dunn & Crutcher, LLP on behalf of Axle of Dearborn, Inc.. (Sewall, Samantha) (Entered: 05/19/2025)

Form 11 Notice of Appearance . Filed by Alexander J. Vanderweide of U.S. Department of Justice on behalf of All Defendants.(Vanderweide, Alexander) (Entered: 05/20/2025)

Motion to Expedite (related document(s) 9 ). Responses due by 6/11/2025. Filed by Thomas H. Dupree, Jr of Gibson, Dunn & Crutcher, LLP on behalf of Axle of Dearborn, Inc.. (Attachments: # 1 Proposed Order)(Dupree, Thomas) (Entered: 05/21/2025)

1 Proposed Order

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Application/Motion for preliminary injunction and partial summary judgment. Responses due by 6/11/2025. Filed by Thomas H. Dupree, Jr of Gibson, Dunn & Crutcher, LLP on behalf of Axle of Dearborn, Inc.. (Attachments: # 1 Declaration of Mike Musheinesh, # 2 Proposed Order)(Dupree, Thomas) (Entered: 05/21/2025)

1 Declaration of Mike Musheinesh

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2 Proposed Order

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Order entered on 5/23/2025 assigning action to Judges Gary S. Katzmann, Timothy M. Reif, and Jane A. Restani.(Swindell, Stephen) (Entered: 05/23/2025)

Motion for leave to File Amicus Curiae Brief in Support of Plaintiff. Responses due by 6/20/2025. Filed by James K. Kearney of Womble Bond Dickinson (US) LLP on behalf of Ecommerce Innovation Alliance. (Attachments: # 1 Amicus Curiae Brief in Support of Plaintiff) (Kearney, James) (Entered: 05/30/2025)

Motion to stay proceedings. Responses due by 6/20/2025. Filed by Liridona Sinani of U.S. Department of Justice on behalf of All Defendants.(Sinani, Liridona) (Entered: 05/30/2025)

Response to Motion to stay proceedings (related document(s) 13 ). Filed by Thomas H. Dupree, Jr of Gibson, Dunn & Crutcher, LLP on behalf of All Plaintiffs.(Dupree, Thomas) (Entered: 05/30/2025)

Paperless Order entered on 6/5/2025: Upon consideration of the motion by the Ecommerce Innovation Alliance for Leave to File an Amicus Curiae Brief, May 30, 2025, ECF No. 12, it is hereby ORDERED by the panel that the motion is granted; and it is further ORDERED that the proposed brief is accepted for filing. (Goell, Geoffrey) (Entered: 06/05/2025)

Amicus Curiae Brief Deemed Filed (related document(s) 12 ). Filed by James K. Kearney of Womble Bond Dickinson (US) LLP on behalf of Ecommerce Innovation Alliance. (Goell, Geoffrey) (Entered: 06/05/2025)

Paperless Order entered on 6/5/2025: Upon consideration of Defendants' Motion to Stay Proceedings, May 30, 2025, ECF No. 13, it is hereby ORDERED that Defendants' Motion to Stay is DENIED without prejudice; and it is further ORDERED that Defendants will file a response of no more than 14,000 words to Plaintiff's Motion for Preliminary Injunction and Expedited Partial Summary Judgment, May 21, 2025, ECF No. 9, no later than June 20, 2025; and it is further ORDERED that Plaintiff will file a reply of not more than 7,000 words in further support of its Motion for Preliminary Injunction and Expedited Partial Summary Judgment with a particular focus on the de minimis issue and Plaintiff's argument that it is distinct from the other issues in Plaintiff's Motion no later than July 7, 2025. (Goell, Geoffrey) (Entered: 06/05/2025)

Motion for reconsideration (related document(s) 17 ). Responses due by 6/27/2025. Filed by Thomas H. Dupree, Jr of Gibson, Dunn & Crutcher, LLP on behalf of All Plaintiffs. (Attachments: # 1 Proposed Order)(Dupree, Thomas) (Entered: 06/06/2025)

1 Proposed Order

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Response to Motion For Reconsideration (related document(s) 18 ). Filed by Liridona Sinani of U.S. Department of Justice on behalf of All Defendants.(Sinani, Liridona) (Entered: 06/06/2025)

Paperless Order entered on 6/16/2025 denying Motion for reconsideration: Upon consideration of Plaintiff's Motion for Reconsideration, June 6, 2025, ECF No. 18, of the court's Scheduling Order, June 5, 2025, ECF No.17, Defendants' Response, June 6, 2025, ECF No. 19, and upon consideration of all other papers, it is hereby ORDERED that Plaintiff's motion is DENIED. (Related Doc # 18 ). (Goell, Geoffrey) (Entered: 06/16/2025)

Public Response to Motion, Motion to Dismiss, and Cross-Motion for Summary Judgment (related document(s) 9 ). Replies due by 7/11/2025. Filed by Liridona Sinani of U.S. Department of Justice on behalf of All Defendants.(Sinani, Liridona) (Entered: 06/20/2025)

Emergency Motion for extension of time until 6/25/2025 to file the confidential version of defendants' brief (related document(s) 21, 17, 9 ). Responses due by 7/11/2025. Filed by Alexander J. Vanderweide of U.S. Department of Justice on behalf of All Defendants.(Vanderweide, Alexander) (Entered: 06/20/2025)

Paperless Order entered on 6/23/2025 granting Motion for extension of time. ORDERED that Defendants' Emergency Motion for Extension of Time, June 20, 2025, ECF No. 22, is GRANTED; and it is further ORDERED that the time for Defendants to file the confidential version of its Motion to Dismiss, Response in Opposition to Plaintiff's Motion for Preliminary Injunction and Partial Summary Judgment, and Cross-Motion for Summary Judgment, June 20, 2025, ECF No. 21, is hereby extended five (5) days, from June 20, 2025, up through and including, June 25, 2025 (Related Doc # 22 ). (Goell, Geoffrey) (Entered: 06/23/2025)

Consent Motion for protective order, Consent Motion for leave to file amended public brief. Responses due by 7/15/2025. Filed by Liridona Sinani of U.S. Department of Justice on behalf of All Defendants. (Attachments: # 1 Attachment A, # 2 Attachment B)(Sinani, Liridona) (Entered: 06/24/2025)

Order entered on 6/25/2025 granting Consent Motion for protective order. ORDERED that the Court will separately enter the stipulated protective order; and it is further ORDERED that defendants may file an amended public version of its brief, within two business days of this order, to remove any unnecessary redactions (Related Doc # 24 ). (Goell, Geoffrey) (Entered: 06/25/2025)

Order entered on 6/25/2025: Stipulated Protective Order issued. (Goell, Geoffrey) (Entered: 06/25/2025)

Confidential Response to Motion, Motion to Dismiss, and Cross-Motion for Summary Judgment (related document(s) 9 ). Replies due by 7/16/2025. Filed by Liridona Sinani of U.S. Department of Justice on behalf of All Defendants.(Sinani, Liridona) (Entered: 06/25/2025)

Public Response to Motion, Motion to Dismiss, and Cross-Motion for Summary Judgment (related document(s) 9 ). Replies due by 7/16/2025. Filed by Liridona Sinani of U.S. Department of Justice on behalf of All Defendants.(Sinani, Liridona) (Entered: 06/25/2025)

Reply in support of Detroit Axle's Motion for Preliminary Injunction and Summary Judgment (related document(s) 27, 21, 28 ). Filed by Thomas H. Dupree, Jr of Gibson, Dunn & Crutcher, LLP on behalf of All Plaintiffs. (Attachments: # 1 Declaration of Mike Musheinesh)(Dupree, Thomas) (Entered: 06/26/2025)

Motion to Expedite (related document(s) 9 ). Responses due by 7/17/2025. Filed by Thomas H. Dupree, Jr of Gibson, Dunn & Crutcher, LLP on behalf of All Plaintiffs. (Attachments: # 1 Proposed Order)(Dupree, Thomas) (Entered: 06/26/2025)

Paperless Order entered on 7/2/2025: It is ORDERED that the court's consideration of Counts III and IV of Plaintiff's Complaint is STAYED pending the final resolution of all appellate review proceedings in V.O.S. Selections, Inc. v. United States, No. 25-1812 (Fed. Cir. docketed May 28, 2025) and its member case, No. 25-1813 (Fed. Cir. Docketed May 28, 2025). It is further ORDERED that oral argument on Plaintiff's Motion for Preliminary Injunction, focusing exclusively on the de minimis exemption issues addressed in Counts I and II of Plaintiff's Complaint, will take place on July 10, 2025, at 3:30 p.m. EDT in Courtroom 1 of the James L. Watson Courthouse, with 25 minutes allotted to each side. The parties are instructed to inform the court no later than July 3, 2025, at 5:00 p.m. EDT, if they seek leave to present anything other than oral presentation by counsel. SO ORDERED by the panel. (Goell, Geoffrey) (Entered: 07/02/2025)

Paperless Order entered on 7/2/2025: It is ORDERED that the court's consideration of Counts III and IV of Plaintiff's Complaint is STAYED pending the final resolution of all appellate review proceedings in V.O.S. Selections, Inc. v. United States, No. 25-1812 (Fed. Cir. docketed May 28, 2025) and its member case, No. 25-1813 (Fed. Cir. Docketed May 28, 2025). It is further ORDERED that oral argument on Plaintiff's Motion for Preliminary Injunction, focusing exclusively on the de minimis exemption issues addressed in Counts I and II of Plaintiff's Complaint, will take place on July 10, 2025, at 3:30 p.m. EDT in Courtroom 1 of the James L. Watson Courthouse, with 25 minutes allotted to each side. The parties are instructed to inform the court no later than July 3, 2025, at 5:00 p.m. EDT, if they seek leave to present anything other than oral presentation by counsel. SO ORDERED by the panel. (Goell, Geoffrey) (Entered: 07/02/2025)

Response to Court's Request/Order . Filed by Liridona Sinani of U.S. Department of Justice on behalf of All Defendants. (Sinani, Liridona) (Entered: 07/03/2025)

Response to Court's Request/Order . Filed by Thomas H. Dupree, Jr of Gibson, Dunn & Crutcher, LLP on behalf of All Plaintiffs. (Dupree, Thomas) (Entered: 07/03/2025)

Form 11 Notice of Appearance for Sarah E. Welch and Justin R. Miller. Filed by Justin Reinhart Miller of U.S. Department of Justice on behalf of All Defendants.(Miller, Justin) (Entered: 07/07/2025)

Information concerning public access to the audio livestream for the hearing scheduled for June 10, 2025, at 3:30pm EDT is available on the Court's website at https://www.cit.uscourts.gov/upcoming-court-proceedings-accessible-teleconference-or-audio-livestream. (Swindell, Stephen) (Entered: 07/09/2025)

Oral Argument held on July 10, 2025 at 3:30 p.m. in CIT Courtroom 1. . (Goell, Geoffrey) (Entered: 07/11/2025)

Transcript of Oral Argument held on 7/10/2025 filed with court. Pursuant to Administrative Order 08-01 re: the redaction of personal data identifiers. Notice of Intent to Redact Deadline due 7/24/2025. Redaction Request due 8/7/2025. Redacted Transcript Deadline set for 8/18/2025. Release of Transcript Restriction set for 10/15/2025. (Goell, Geoffrey) (Entered: 07/17/2025)

Order entered on 7/28/2025, Slip Op. 25-96: The court denies Plaintiff's motion to for a preliminary injunction and stays the remainder of the case. (related document(s) 9 ) (Goell, Geoffrey) (Entered: 07/28/2025)

Motion to alter/amend/correct the Complaint (related document(s) 2 ). Responses due by 9/26/2025. Filed by Thomas H. Dupree, Jr of Gibson, Dunn & Crutcher, LLP on behalf of All Plaintiffs. (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit B - Redline of Complaint and Amended Complaint, # 3 Proposed Order)(Dupree, Thomas) (Entered: 09/05/2025)

1 Exhibit A - Amended Complaint

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2 Exhibit B - Redline of Complaint and Amended Complaint

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3 Proposed Order

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Motion to lift stay, Motion for partial summary judgment (related document(s) 38 ). Responses due by 9/26/2025. Response to Dispositive Motion due by 10/10/2025. Filed by Thomas H. Dupree, Jr of Gibson, Dunn & Crutcher, LLP on behalf of All Plaintiffs. (Attachments: # 1 Declaration of Mike Musheinesh, # 2 Proposed Order)(Dupree, Thomas) (Entered: 09/05/2025)

1 Declaration of Mike Musheinesh

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2 Proposed Order

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Consent Motion for errata to correct document number# 39-2 filed with the Court electronically on September 5, 2025 (related document(s) 39 ). Responses due by 9/29/2025. Filed by Thomas H. Dupree, Jr of Gibson, Dunn & Crutcher, LLP on behalf of Axle of Dearborn, Inc.. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Dupree, Thomas) (Entered: 09/08/2025)

Paperless Order entered on 9/9/2025 granting Motion for errata (Related Doc # 41 ). Upon consideration of Plaintiff's Consent Motion for Errata, Sept. 8, 2025, ECF No. 41, it is hereby ORDERED that Plaintiff's Consent Motion for Errata is GRANTED, Plaintiff's corrected copy, ECF No, 41-1, shall be substituted for ECF No. 39-2. SO ORDERED by the panel. (Cheevers, Casey) Modified on 9/9/2025 (Cheevers, Casey). (Entered: 09/09/2025)

Response to Motion to Lift Stay (related document(s) 40 ). Filed by Liridona Sinani of U.S. Department of Justice on behalf of All Defendants.(Sinani, Liridona) (Entered: 09/24/2025)

Motion for Extension of Time To File Responses to Plaintiff's Motion for Leave to Amend Complaint and Renewed Motion for Summary Judgment (related document(s) 40, 39 ). Responses due by 10/15/2025. Filed by Liridona Sinani of U.S. Department of Justice on behalf of All Defendants.(Sinani, Liridona) Modified on 9/24/2025 (Goell, Geoffrey). (Entered: 09/24/2025)

Consent Motion for leave to File a Reply (related document(s) 40, 43 ). Responses due by 10/23/2025. Filed by Thomas H. Dupree, Jr of Gibson, Dunn & Crutcher, LLP on behalf of All Plaintiffs. (Attachments: # 1 Reply in Support of Motion to Dissolve Stay, # 2 Proposed Order)(Dupree, Thomas) (Entered: 10/02/2025)

1 Reply in Support of Motion to Dissolve Stay

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2 Proposed Order

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Response in Opposition to Motion for Extension of Time To File Responses to Plaintiff's Motion for Leave to Amend Complaint and Renewed Motion for Summary Judgment (related document(s) 44 ). Filed by Thomas H. Dupree, Jr of Gibson, Dunn & Crutcher, LLP on behalf of All Plaintiffs.(Dupree, Thomas) (Entered: 10/02/2025)

Paperless Order entered on 10/20/2025, Upon consideration of Axle's Consent Motion for Leave to File Reply Brief in Support of its Motion to Dissolve the Stay, Oct. 2, 2025, ECF No. 45, it is hereby ORDERED that Axle's consent motion for leave to file a reply is GRANTED. Axle's reply, ECF No. 45-1, shall be deemed filed. SO ORDERED by the panel. (Related Doc # 45 ). (Taronji, Steve) (Entered: 10/20/2025)

Paperless Order entered on 10/20/2025, Upon consideration of Axle's Motion to Dissolve the Stay and Renewed Motion for Partial Summary Judgment, Sept. 5, 2025, ECF No. 40 ; the Government's Response in Opposition to Axle's Motion to Dissolve the Stay, Sept. 24, 2025, ECF No. 43 ; and all other pertinent papers, it is hereby ORDERED that Axle's motion to dissolve the stay is DENIED, and this case, including Axle's Motion for Partial Summary Judgment, shall remain stayed until the resolution of V.O.S. SO ORDERED by the panel. (Related Doc # 40, 43 ). (Taronji, Steve) (Entered: 10/20/2025)

Paperless Order entered on 10/20/2025, Upon consideration of Axle's Motion for Leave to Amend Complaint, Sept. 5, 2025, ECF No. 39 ; all other pertinent papers; and the continuing stay in this case, it is hereby ORDERED that Axle's motion to amend the complaint is DENIED without prejudice. SO ORDERED by the panel. (Related Doc # 39 ). (Taronji, Steve) (Entered: 10/20/2025)

Paperless Order entered on 10/20/2025, Upon consideration of the Government's Motion for Extension of Time to File Responses to Axle's Motion for Leave to Amend Complaint and Renewed Motion for Partial Summary Judgment, Sept. 24, 2025, ECF No. 44 ; Axle's Response in Opposition to the Government's Motion for an Extension of Time, Oct. 2, 2025, ECF No. 46 ; and all other pertinent papers, it is hereby ORDERED that the Government's motion for an extension is DENIED as moot. SO ORDERED by the panel. (Related Doc # 44, 46 ). (Taronji, Steve) (Entered: 10/20/2025)