Case: Brown v. Trump

COMPLAINT against JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP ( Filing fee $ 405 receipt number ADCDC-11735611) filed by ALVIN BROWN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Nugent, Victoria) (Entered: 06/04/2025)

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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NOTICE of Appearance by Jon M. Greenbaum on behalf of All Plaintiffs (Greenbaum, Jon) (Entered: 06/04/2025)

SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 06/05/2025)

Case Assigned/Reassigned

Case Assigned to Judge Dabney L. Friedrich. (zmtm)

STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on June 10, 2025. (lcdlf2) (Entered: 06/10/2025)

NOTICE of Appearance by Victoria S. Nugent on behalf of ALVIN BROWN (Nugent, Victoria) (Entered: 06/12/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Cynthia Liao, Filing fee $ 100, receipt number ADCDC-11752634. Fee Status: Fee Paid. by ALVIN BROWN. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing)(Nugent, Victoria) (Entered: 06/12/2025)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. So Ordered by Judge Dabney L. Friedrich on June 12, 2025. (lcdlf2)

NOTICE of Appearance by Cynthia Liao on behalf of ALVIN BROWN (Liao, Cynthia) (Entered: 06/24/2025)

NOTICE of Appearance by Elena Goldstein on behalf of ALVIN BROWN (Goldstein, Elena) (Entered: 06/25/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JENNIFER HOMENDY served on 6/10/2025 (Liao, Cynthia) (Entered: 06/27/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. NATIONAL TRANSPORTATION SAFETY BOARD served on 6/10/2025 (Liao, Cynthia) (Entered: 06/27/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 6/10/2025 (Liao, Cynthia) (Entered: 06/27/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 6/10/2025. (Liao, Cynthia) (Entered: 06/27/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/10/2025. Answer due for ALL FEDERAL DEFENDANTS by 8/9/2025. (Liao, Cynthia) (Entered: 06/27/2025)

Joint MOTION for Briefing Schedule by ALVIN BROWN. (Attachments: # 1 Text of Proposed Order)(Liao, Cynthia) (Entered: 07/23/2025)

CERTIFICATE OF SERVICE by ALVIN BROWN re 14 Joint MOTION for Briefing Schedule . (Liao, Cynthia) (Entered: 07/25/2025)

NOTICE of Appearance by Jeremy Samuel Bloch Newman on behalf of All Defendants (Newman, Jeremy) (Entered: 07/25/2025)

Order on Motion for Briefing Schedule AND Set/Reset Deadlines

MINUTE ORDER. Upon consideration of the parties' joint 14 Motion for a Briefing Schedule, the plaintiff shall file his motion for summary judgment on or before August 8, 2025; the defendants shall file their opposition and cross-motion for summary judgment on or before September 5, 2025; the plaintiff shall file his opposition and reply on or before September 26, 2025; and the defendants shall file their reply on or before October 17, 2025. So Ordered by Judge Dabney L. Friedrich on July 26, 2025. (lcdlf2)

MOTION for Summary Judgment by ALVIN BROWN. (Attachments: # 1 Memorandum in Support, # 2 Statement of Undisputed Material Facts, # 3 Declaration of Alvin Brown, # 4 Text of Proposed Order)(Liao, Cynthia) (Entered: 08/08/2025)

1 Memorandum in Support

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2 Statement of Undisputed Material Facts

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3 Declaration of Alvin Brown

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4 Text of Proposed Order

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Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment and Defendants' Cross-Motion for Summary Judgment by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP. (Newman, Jeremy) (Entered: 09/02/2025)

Order on Motion for Extension of Time to File Response/Reply

MINUTE ORDER. Upon consideration of the defendants' 18 Unopposed Motion for Extension of Time, it is ORDERED that the following schedule will govern further proceedings: the defendants shall file a cross-motion for summary judgment and opposition to the plaintiff's motion for summary judgment on or before September 19, 2025; the plaintiff shall file an opposition to the cross-motion and reply to the opposition on or before October 10, 2025; and the defendants shall file a reply to the plaintiff's opposition on or before October 31, 2025. So Ordered by Judge Dabney L. Friedrich on September 2, 2025. (lcdlf2)

Set/Reset Deadlines: Cross Motion and Opposition to Plaintiff's Motion due by 9/19/2025. Opposition to Cross Motion and Plaintiff's Reply due by 10/10/2025. Reply to Cross Motion due by 10/31/2025. (smc)

Set/Reset Deadlines

Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts)(Newman, Jeremy) (Entered: 09/19/2025)

1 Memorandum in Support

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2 Statement of Facts

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RESPONSE re 17 MOTION for Summary Judgment and in Support of Defendants' Cross-Motion for Summary Judgment filed by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP. (Attachments: # 1 Statement of Facts)(Newman, Jeremy) (Entered: 09/19/2025)

Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION for Summary Judgment and Defendants' Cross-Motion for Summary Judgment by ALVIN BROWN. (Attachments: # 1 Text of Proposed Order)(Liao, Cynthia) (Entered: 10/02/2025)

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

MINUTE ORDER granting the plaintiff's 21 Unopposed Motion for Extension of Time. The plaintiff shall file his reply in support of his motion for summary judgment on or before October 20, 2025, and his opposition to the defendants' cross-motion for summary judgment on or before November 10, 2025. So Ordered by Judge Dabney L. Friedrich on October 2, 2025. (lcdlf2)

REPLY to opposition to motion re 17 Motion for Summary Judgment filed by ALVIN BROWN. (Liao, Cynthia) (Entered: 10/20/2025)

RESPONSE re 19 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by ALVIN BROWN. (Liao, Cynthia) (Entered: 10/20/2025)

NOTICE of Appearance by Catherine Carroll on behalf of ALVIN BROWN (Carroll, Catherine) (Entered: 12/02/2025)

AMENDED COMPLAINT against JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP filed by ALVIN BROWN. (Attachments: # 1 Redline Copy)(Carroll, Catherine) (Entered: 12/04/2025)

1 Redline Copy

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MOTION to Stay by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP. (Newman, Jeremy) (Entered: 12/05/2025)

MINUTE ORDER. Upon consideration of the defendants' 26 Motion to Stay, the defendants' time to respond to the plaintiff's 25 First Amended Complaint is hereby EXTENDED until 14 days after the Court resolves the 26 motion. It is further ORDERED that the plaintiff shall, on or before December 22, 2025, file a response to the defendants' 26 Motion to Stay that addresses, among other things, (1) whether the Court should stay proceedings on Count One (ultra vires removal), Count Two (Due Process and Equal Protection), both, or neither; and (2) whether Harris v. Bessent, No. 25-5037, 2025 WL 3496737 (D.C. Cir. Dec. 5, 2025), obviates the need to stay proceedings pending the Supreme Court's decision in Trump v. Slaughter, --- S. Ct. ---, 25 WL 2692050 (Sept. 22, 2025) (granting certiorari). So Ordered by Judge Dabney L. Friedrich on December 14, 2025. (lcdlf2)

.Order AND ~Util - Set/Reset Deadlines

Memorandum in opposition to re 26 MOTION to Stay filed by ALVIN BROWN. (Carroll, Catherine) (Entered: 12/22/2025)

Order on Motion for Summary Judgment AND Order on Motion for Summary Judgment AND Order on Motion to Stay AND Set/Reset Deadlines

MINUTE ORDER granting in part and denying in part the defendants' 26 Motion to Stay. The Court agrees with the defendants and the plaintiff that the Supreme Court's decision in Trump v. Slaughter, --- S. Ct. ---, 2025 WL 2692050 (Sept. 22, 2025) (granting certiorari), is likely to impact the plaintiff's Count One claim for ultra vires removal. Accordingly, proceedings on Count One are STAYED. But, in the interest of judicial efficiency and to preserve any relief to which the plaintiff may be entitled before the end of his statutory term, the Court will proceed with the defendants' forthcoming motion to dismiss Count Two (Fifth Amendment) before the Supreme Court resolves Slaughter. The parties are hereby ORDERED to, on or before January 7, 2026, file a proposed briefing schedule for the defendants' motion to dismiss Count Two.It is further ORDERED that the plaintiff's 17 Motion for Summary Judgment and the defendants' 19 Cross-Motion for Summary Judgment are DISMISSED AS MOOT in light of the plaintiff's 25 Amended Complaint. So Ordered by Judge Dabney L. Friedrich on December 29, 2025. (lcdlf2)

PROPOSED BRIEFING SCHEDULE re Order on Motion for Summary Judgment,,,,,,,,,, Order on Motion to Stay,,,,, Set/Reset Deadlines,,,, by ALVIN BROWN. (Carroll, Catherine) (Entered: 01/07/2026)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER adopting the parties' 28 Joint Proposed Briefing Schedule for Motion to Dismiss Count II of the Amended Complaint. Accordingly, it is ORDERED that the defendants shall file their motion to dismiss on or before January 28, 2026; the plaintiff shall file his opposition on or before February 18, 2026; and the defendants shall file their reply on or before March 4, 2026. So Ordered by Judge Dabney L. Friedrich on January 7, 2026. (lcdlf2)

NOTICE of Appearance by Ross Snyder on behalf of ALVIN BROWN (Snyder, Ross) (Entered: 01/09/2026)

MOTION to Dismiss Count II of the Amended Complaint by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP. (Attachments: # 1 Memorandum in Support)(Newman, Jeremy) (Entered: 01/28/2026)

1 Memorandum in Support

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RESPONSE re 30 MOTION to Dismiss Count II of the Amended Complaint Plaintiff's Opposition to Defendants' Motion to Dismiss filed by ALVIN BROWN. (Carroll, Catherine) (Entered: 02/18/2026)

REPLY to opposition to motion re 30 Motion to Dismiss Count II of Amended Complaint filed by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP. (Newman, Jeremy) (Entered: 03/04/2026)

NOTICE by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP (Newman, Jeremy) (Entered: 03/12/2026)

MINUTE ORDER. The plaintiff's 25 Amended Complaint challenges his removal from his position as a member of the National Transportation Board. Count I of the Amended Complaint alleges that the plaintiff's removal violated the Independent Safety Board Act of 1974. Count II of the Amended Complaint alleges that his removal violated the Fifth Amendment's Due Process Clause.On December 5, 2025, the defendants moved to stay this case pending the Supreme Court's decision in Trump v. Slaughter, No. 25-332. See Dkt. 26. On December 29, 2025, the Court granted that motion as to Count I of the plaintiff's Amended Complaint and ordered the parties to propose a briefing schedule for the defendants' dipositive motion on Count II. See December 29, 2025 Minute Order. On January 7, 2026, the Court adopted the parties' 28 Proposed Briefing Schedule. See January 7, 2026 Minute Order. The defendants subsequently filed a 30 Motion to Dismiss Count II. That motion is now fully briefed.The Court cannot rule on the defendants' pending 30 Motion to Dismiss Count II without considering the Supreme Court's recent opinion in Trump v. Slaughter, issued after briefing was completed, and the parties' views regarding the impact of that decision on the plaintiff's claim under the Due Process Clause. At the same time, the issuance of Slaughter has ended this Court's stay of proceedings on Count I and will likely lead to another dispositive motion by the defendants. The Court concludes that considerations of judicial economy counsel against parallel supplemental briefing as to Count II and separate dispositive briefing as to Count I. Accordingly, it is ORDERED that the defendants' 30 Motion to Dismiss is DENIED without prejudice. It is further ORDERED that the parties shall file, on or before July 2, 2026, a joint status report that proposes a schedule to govern dispositive briefing on both counts of the Amended Complaint. So Ordered by Judge Dabney L. Friedrich on June 29, 2026. (lcdlf2)

.Order

Joint STATUS REPORT by ALVIN BROWN. (Attachments: # 1 Proposed Order)(Liao, Cynthia) (Entered: 07/02/2026)

1 Proposed Order

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MINUTE ORDER. Upon consideration of the parties' 34 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings in Brown v. Trump, et al., Case No. 1:25-cv-01764-DLF (Brown I) and Brown v. Deleeuw, Case No. 1:26-cv-01249-DLF (Brown II): the plaintiff/petitioner shall file a partial motion for summary judgment in Brown I of no more than 30 pages on or before July 15, 2026; the defendants/respondent shall file a combined motion to dismiss in Brown I and Brown II and opposition to plaintiff's motion for summary judgment in Brown I of no more than 50 pages on or before July 29, 2026; the plaintiff/respondent shall file a combined motion for summary judgment reply in Brown I and motion to dismiss opposition in Brown I and Brown II of no more than 50 pages on or before August 12, 2026; and the defendants/respondent shall file a combined motion to dismiss reply in Brown I and Brown II of no more than 30 pages on or before August 26, 2026. So Ordered by Judge Dabney L. Friedrich on July 3, 2026. (lcdlf3)

.Order

MOTION for Partial Summary Judgment by ALVIN BROWN. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Liao, Cynthia) (Entered: 07/15/2026)

1 Memorandum in Support

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2 Statement of Facts

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3 Text of Proposed Order

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MOTION to Dismiss First Amended Complaint by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Newman, Jeremy) (Entered: 07/29/2026)

1 Memorandum in Support

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2 Text of Proposed Order

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Memorandum in opposition to re 35 MOTION for Partial Summary Judgment filed by JENNIFER HOMENDY, NATIONAL TRANSPORTATION SAFETY BOARD, DONALD J. TRUMP. (Attachments: # 1 Statement of Facts Response to Plaintiff's Statement of Undisputed Material Facts, # 2 Text of Proposed Order)(Newman, Jeremy) (Entered: 07/29/2026)

1 Statement of Facts Response to Plaintiff's Statement of Undisputed Material

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2 Text of Proposed Order

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MOTION for Leave to File Amicus Brief by NATIONAL URBAN LEAGUE. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Exhibit Proposed Order)(Shelton, Kathleen) (Entered: 08/12/2026)

1 Exhibit Proposed Amicus Brief

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2 Exhibit Proposed Order

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Reply to opposition to motion

Memorandum in opposition to motion

Notice of Withdrawal of Appearance

Reply to opposition to motion