Case: Newsom v. Trump

3:25-cv-04870 | U.S. District Court for the Northern District of California

Filed Date: June 9, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the federal deployment of the California National Guard to protect federal property and immigration officials from protesters in Los Angeles and the surrounding area. On June 9, 2025, Governor Gavin Newsom and the State of California filed suit in the Northern District of North California, challenging recent actions by President Trump in deploying the National Guard in the Los Angeles area. On June 6, Immigration and Customs Enforcement (ICE) officers carried out multiple enforcement actions in and around Los Angeles, leading to the arrest of around 44 persons with 70-80 people detained. The same day as the arrests, crowds gathered at the federal courthouse in Los Angeles to protest the Trump Administration and its immigration agenda. The complaint alleged that, while some protestors engaged in violence against property and law enforcement, the majority were peaceful and non-violent. Protests continued on June 7 and June 8.

The complaint alleged that Los Angeles police and sheriffs had responded to the protests and had dispersed several crowds at various places during the three days of protests. However, on the evening of June 7, despite a message on social media by Gavin Newsom stating that it was unnecessary, President Trump issued a memorandum that said because of "numerous incidents of violence and disorder" that had taken place in response to ICE actions, he was calling into service members of the National Guard. Under 10 U.S.C. § 12406, the President is allowed to call out the National Guard if one of three conditions is met: (1) the United States, or any of the Commonwealths or possessions, is invaded or is in danger of invasion by a foreign nation; (2) there is a rebellion or danger of a rebellion against the authority of the Government of the United States; or (3) the President is unable with the regular forces to execute the laws of the United States.

Citing this statute, President Trump authorized the Secretary of Defense to (1) "coordinate with the Governors of the States and the National Guard Bureau in identifying and ordering into Federal service the appropriate members and units of the National Guard under this authority,” (2) call out up to 2,000 National Guard personnel for up to 60 days, and (3) use them to perform protective activities for the protection of federal personnel and property.

That same evening, Pete Hegseth, the Secretary of Defense, sent a memorandum to the Adjutant General of California, who commands the California National Guard under the Governor. Relying on President Trump's memo, and without the consent of the Governor, Secretary Hegseth called into service 2,000 members of the California National Guard for 60 days of service. Control of the Guard members was handed over to the General of the U.S. Northern Command, and the Guard began to arrive in Los Angeles on June 8. On June 9, Secretary Hegseth called into federal service another 2,000 Guard members, again without the consent of the California Governor.

Represented by the State's Attorney General, the plaintiffs sued President Trump, the Secretary of Defense, and the Department of Defense. The plaintiffs alleged that the President's and the agency's actions were ultra vires and exceeded the scope of their authority under 10 U.S.C. § 12406 and the Posse Comitatus Act. The plaintiffs also alleged that the defendants violated the Tenth Amendment and Article I, § 8 of the Constitution. Finally, the plaintiffs alleged that the agency's action violated the Administrative Procedure Act. Therefore, the plaintiffs asked the court to declare President Trump's memo, and both of Secretary Hegseth's orders relying on it, to be unlawful, to enjoin the Department of Defense from deploying the National Guard, and to award court costs.

The case was assigned to Judge Charles R. Breyer. On June 10, the plaintiffs filed a motion for a temporary restraining order (TRO), asking the court to maintain the status quo "by temporarily enjoining Defendants from ordering or deploying the active-duty members of the military and federalized National Guard soldiers to patrol communities or otherwise engage in general law enforcement activities beyond the immediate vicinity of federal buildings or other federal real property." The court scheduled a hearing on the plaintiffs' motion for June 12. After the hearing, the court issued a TRO ordering the defendants to return control of the California National Guard to the plaintiffs. The court first found that the case was justiciable and not a political question over which the courts have no oversight.

Turning next to Section 12406, the court rejected the defendants' argument that there was a rebellion sufficient to sustain Section 12406, since "violence is necessary for a rebellion, but it is not sufficient," and there is no evidence "that any of the violent protestors were attempting to overthrow the government as a whole." The court also disagreed that Section 12406 is triggered "when the President faces obstacles that cause him to underperform in executing the laws," or when "the President faces some risk in executing the laws." Instead, the statute requires the President to be "unable" to execute the laws, and the court found that "did not happen here." Finally, the court found that the defendants had failed to comply with the statute's procedural requirement that any orders federalizing state National Guard members be issued through the governor of the state. The court held that typing the phrase "THROUGH: THE GOVERNOR OF CALIFORNIA" at the top of the document sent to California's adjutant general was insufficient to meet the statute's requirement.

The court also agreed with the plaintiffs that the defendants had likely violated the Tenth Amendment, finding that, given its holding that the defendants had unlawfully mobilized the National Guard under Section 12406, "the unlawful federalization of those members has interfered with the state's legitimate police power, and thus it violates the Tenth Amendment." Therefore, the court ordered the defendants to return control of the National Guard to Governor Newsom; however, the court stayed its order until noon the following day to provide the defendants with the opportunity to appeal.

The defendants appealed to the Ninth Circuit Court of Appeals that same day, asking the court for an immediate administrative stay and for a stay pending appeal. Without explaining its reasoning, the court granted an immediate administrative stay the night of June 12. Having received briefing and heard oral argument on the defendants' motion for a stay pending appeal, the court granted the stay on June 19. While the court of appeals agreed with the district court that the case is judicially reviewable, the court stated that any review under Section 12406 should be "highly deferential" to any determination made by the President.

Applying that standard of review, the court found that the defendants were likely to prevail on their argument under Section 12406's provision enabling the President to federalize the National Guard when he "is unable with the regular forces to execute the laws of the United States." Contrary to the district court's holding, the court of appeals found that "Section 12406 does not have as a prerequisite that the President be completely precluded from executing the relevant laws," nor does it require "that activation is inappropriate so long as any continued execution of the laws is feasible." Here, the defendants presented sufficient evidence that was sufficient interference with federal agents to support the President's finding.

As to Section 12406's procedural requirement, the court found that it was likely met "because the federalization order was issued through an agent of the Governor in the Governor's name." Since the order was sent to the adjutant general, who then relinquished command and forwarded the order to Governor Newsom, the court found the requirement satisfied. Given these findings, the court found that the defendants were likely to prevail on the merits, and therefore a stay was warranted. The court also ordered further briefing on the appeal to conclude, at the earliest, by August 19.

Meanwhile, back in the district court, the plaintiffs filed a motion for a preliminary injunction on June 16. After the Ninth Circuit's ruling on June 19, the plaintiffs filed a supplement to their brief arguing that the district court retained jurisdiction over issues not currently on appeal, such as their arguments (not reached by the Ninth Circuit) that the defendants had violated the Posse Comitatus Act and that the deployment of the National Guard must be tied to, and last no longer than, the exigency claimed as support for the orders. The plaintiffs also requested the court to allow for discovery prior to ruling on their motion for a preliminary injunction.

The case is ongoing.

show full summary

Summary Authors

Jeremiah Price (6/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70496361/parties/newsom-v-trump/

Judge(s)

Attorney for Plaintiff

Attorney, Nicholas David

Attorney for Defendant

Attorney, Mr. Christopher

Expert/Monitor/Master/Other

Akerman, Mr. Martin

Attorney, Patricio Antonio

Benbrook, Bradley A. (California)

Judge(s)

Breyer, Charles R. (California)

Attorney for Plaintiff

Attorney, Nicholas David

Espiritu, Nicholas David (California)

Faer, Laura Lynne (California)

Freedman, Luke (California)

General, Kendal Leigh

General, Lorraine Lopez,

General, Megan Anne

Goldfaden, Robin L. (California)

Green, Nicholas Reiss (California)

Hamme, Mr. Brendan

Hamme, Brendan (California)

Harbourt, Samuel Thomas

Hu, Mr. Christopher

Lopez, Lorraine (California)

Malouff, Marissa Suzanne (California)

Micklethwaite, Kendal Leigh (California)

Reilley, Jane (California)

Richards, Megan (California)

Stanley, James Edward (California)

Strong, Meghan (California)

Attorney for Defendant

Attorney, Mr. Christopher

Dundas, Michael Joseph (California)

Edelman, Christopher David (California)

Hamilton, Eric J (California)

Hartlieb, Garry Daniel (California)

Kurland, Benjamin (California)

Mohan, Anna O.

Shumate, Brett (California)

Shumate, Mr. Brett

Swingle, Ms. Sharon

Expert/Monitor/Master/Other

Akerman, Mr. Martin

Attorney, Patricio Antonio

Benbrook, Bradley A. (California)

Brown, Diamond J. (California)

Carrillo, David A. (California)

Carter, Margaret Louise (California)

Craig, Matthew J. (California)

Duvernay, Stephen Michael (California)

Eisen, Norman Larry (California)

Fellow, Mr. Brandon

Har, Susan S. (California)

Heintz, Tera Marie (California)

Jenkins, Mack Eric (California)

Kolb, Joshua Gabriel (California)

Matevosyan, Arman (California)

Mere, Ms. Yvonne

Najafi, Afshin (California)

Parker, Kristy L (California)

Stracener, Brandon V. (California)

Tremitiere, Beau (California)

Watters, Andrew G. (California)

Attorney Contact Information via CourtListener

show all people

Documents in the Clearinghouse

	Document
1 3:25-cv-04870	Complaint for Declaratory and Injunctive Relief	June 9, 2025	June 9, 2025 Complaint
8 3:25-cv-04870	Plaintiffs' Ex Parte Motion for a Temporary Restraining Order	June 10, 2025	June 10, 2025 Pleading / Motion / Brief
12 3:25-cv-04870	Defendants' Notice Regarding Plaintiffs' Ex Parte Motion for a Temporary Restraining Order	June 10, 2025	June 10, 2025 Pleading / Motion / Brief
25 3:25-cv-04870	Defendants' Corrected Opposition to Plaintiffs' Motion for a Temporary Restraining Order	June 11, 2025	June 11, 2025 Pleading / Motion / Brief
64 3:25-cv-04870	Order Granting Plaintiffs' Application for Temporary Restraining Order	June 12, 2025	June 12, 2025 Order/Opinion
77 3:25-cv-04870	Plaintiffs' Motion for Preliminary Injunction	June 16, 2025	June 16, 2025 Pleading / Motion / Brief
32 25-03727	Order U.S. Court of Appeals for the Ninth Circuit	June 19, 2025	June 19, 2025 Order/Opinion 2025 WL 1712930

show / hide documents

Resources

Title	Description		External URL Date / External URL
Department of Defense Security for the Protection of Department of Homeland Security Functions Donald Trump	This memorandum for the Secretary of Defense outlines President Trump's call for Federal service members and units of the National Guard to protect U.S. Immigration and Customs Enforcement (ICE) unit…	June 7, 2025	June 7, 2025 https://www.whitehouse.gov/...
10 U.S. Code § 12406 - National Guard in Federal service: call 10 U.S. Code § 12406	10 U.S. Code § 12406 outlines the President of the United States authority to call members of the National Guard to repel invasion, suppress a rebellion, or execute the laws of the United States.	Oct. 5, 1994	Oct. 5, 1994 https://www.law.cornell.edu/...

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70496361/newsom-v-trump/

Last updated July 7, 2025, 10:14 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Declaratory and Injunctive Relief against All Defendants, (Filing Fee: $405.00, receipt number ACANDC-20769160). Injunction against the US government/official or APA vacatur requested. Filed by State of California, Governor Gavin Newsom. (Faer, Laura) (Filed on 6/9/2025) Modified on 6/10/2025 (tn, COURT STAFF). (Entered: 06/09/2025)	June 9, 2025	June 9, 2025 Clearinghouse
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	June 9, 2025	June 9, 2025 PACER
2	Proposed Summons. (Faer, Laura) (Filed on 6/9/2025) (Entered: 06/09/2025)	June 9, 2025	June 9, 2025 RECAP
3	NOTICE of Appearance filed by Nicholas David Espiritu on behalf of Gavin Newsom, State of California (Espiritu, Nicholas) (Filed on 6/9/2025) (Entered: 06/09/2025)	June 9, 2025	June 9, 2025 PACER
4	NOTICE of Appearance filed by Megan Richards on behalf of Gavin Newsom, State of California (Richards, Megan) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
4	NOTICE of Appearance filed by Megan Richards on behalf of Gavin Newsom, State of California (Richards, Megan) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
4	NOTICE of Appearance filed by Megan Richards on behalf of Gavin Newsom, State of California (Richards, Megan) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	June 10, 2025	June 10, 2025 PACER
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	June 10, 2025	June 10, 2025 PACER
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	June 10, 2025	June 10, 2025 PACER
	~Util - Case Assigned by Intake	June 10, 2025	June 10, 2025 PACER
	~Util - Case Assigned by Intake	June 10, 2025	June 10, 2025 PACER
	~Util - Case Assigned by Intake	June 10, 2025	June 10, 2025 PACER
	Clerk's Notice AND ~Util - Teleconference Zoom	June 10, 2025	June 10, 2025 PACER
	Clerk's Notice AND ~Util - Teleconference Zoom	June 10, 2025	June 10, 2025 PACER
	Set Deadlines/Hearings	June 10, 2025	June 10, 2025 PACER
5	NOTICE of Appearance filed by Christopher David Edelman on behalf of Donald J. Trump, Pete Hegseth, U.S. Department of Defense (Edelman, Christopher) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
5	NOTICE of Appearance filed by Christopher David Edelman on behalf of Donald J. Trump, Pete Hegseth, U.S. Department of Defense (Edelman, Christopher) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
5	NOTICE of Appearance filed by Christopher David Edelman on behalf of Donald J. Trump, Pete Hegseth, U.S. Department of Defense (Edelman, Christopher) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
6	NOTICE of Appearance filed by Eric J Hamilton on behalf of Donald J. Trump, Pete Hegseth, U.S. Department of Defense (Hamilton, Eric) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
6	NOTICE of Appearance filed by Eric J Hamilton on behalf of Donald J. Trump, Pete Hegseth, U.S. Department of Defense (Hamilton, Eric) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
6	NOTICE of Appearance filed by Eric J Hamilton on behalf of Donald J. Trump, Pete Hegseth, U.S. Department of Defense (Hamilton, Eric) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
7	Case assigned to Judge Charles R. Breyer. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ark, COURT STAFF) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
7	Case assigned to Judge Charles R. Breyer. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ark, COURT STAFF) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
7	Case assigned to Judge Charles R. Breyer. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (ark, COURT STAFF) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
8	First Ex Parte Motion for a Temporary Restraining Order filed by Gavin Newsom, State of California. (Attachments: # 1 Declaration of Nicholas Espiritu in Support of Plaintiffs Ex Parte Motion for a Temporary Restraining Order, # 2 Declaration of Brian Olmstead, # 3 Declaration of Paul S. Eck, # 4 [Proposed] Order Granting Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue)(Espiritu, Nicholas) (Filed on 6/10/2025) (Entered: 06/10/2025) 1 Declaration of Nicholas Espiritu in Support of Plaintiffs Ex Parte Motion for a View on RECAP 2 Declaration of Brian Olmstead View on RECAP 3 Declaration of Paul S. Eck View on RECAP 4 [Proposed] Order Granting Temporary Restraining Order and Order to Show Cause Wh View on RECAP	June 10, 2025	June 10, 2025 Clearinghouse
9	Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Joint Case Management Statement due by 9/12/2025. Initial Case Management Conference set for 9/19/2025 at 8:30 AM in San Francisco - Videoconference Only. (Attachments: # 1 Notice of Eligibility for Video Recording)(tn, COURT STAFF) (Filed on 6/10/2025) (Entered: 06/10/2025) 1 Notice of Eligibility for Video Recording View on RECAP	June 10, 2025	June 10, 2025 RECAP
10	Summons Issued as to Pete Hegseth, Donald J. Trump, U.S. Department of Defense. (tn, COURT STAFF) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 RECAP
10	Summons Issued as to Pete Hegseth, Donald J. Trump, U.S. Department of Defense. (tn, COURT STAFF) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 RECAP
10	Summons Issued as to Pete Hegseth, Donald J. Trump, U.S. Department of Defense. (tn, COURT STAFF) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 RECAP
11	NOTICE of Appearance filed by Brendan Hamme on behalf of Gavin Newsom, State of California (Hamme, Brendan) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
11	NOTICE of Appearance filed by Brendan Hamme on behalf of Gavin Newsom, State of California (Hamme, Brendan) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
11	NOTICE of Appearance filed by Brendan Hamme on behalf of Gavin Newsom, State of California (Hamme, Brendan) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
12	NOTICE by Donald J. Trump, Pete Hegseth, U.S. Department of Defense re 8 First Ex Parte Application Motion for a Temporary Restraining Order (Edelman, Christopher) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 Clearinghouse
12	NOTICE by Donald J. Trump, Pete Hegseth, U.S. Department of Defense re 8 First Ex Parte Application Motion for a Temporary Restraining Order (Edelman, Christopher) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 Clearinghouse
12	NOTICE by Donald J. Trump, Pete Hegseth, U.S. Department of Defense re 8 First Ex Parte Application Motion for a Temporary Restraining Order (Edelman, Christopher) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 Clearinghouse
13	NOTICE of Appearance filed by Nicholas Reiss Green on behalf of Gavin Newsom, State of California (Green, Nicholas) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
13	NOTICE of Appearance filed by Nicholas Reiss Green on behalf of Gavin Newsom, State of California (Green, Nicholas) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
13	NOTICE of Appearance filed by Nicholas Reiss Green on behalf of Gavin Newsom, State of California (Green, Nicholas) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
14	ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE. Signed by Judge Charles R. Breyer on 6/10/2025. (crblc1, COURT STAFF) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 RECAP
14	ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE. Signed by Judge Charles R. Breyer on 6/10/2025. (crblc1, COURT STAFF) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 RECAP
14	ORDER SETTING BRIEFING SCHEDULE AND HEARING DATE. Signed by Judge Charles R. Breyer on 6/10/2025. (crblc1, COURT STAFF) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 RECAP
	Set Deadlines/Hearings: Responses due by 6/11/2025. Replies due by 6/12/2025. Motion Hearing set for 6/12/2025 at 1:30 PM in San Francisco, Courtroom 06, 17th Floor and by videoconference (Zoom) before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 6/10/2025)	June 10, 2025	June 10, 2025 PACER
	Set Deadlines/Hearings: Responses due by 6/11/2025. Replies due by 6/12/2025. Motion Hearing set for 6/12/2025 at 1:30 PM in San Francisco, Courtroom 06, 17th Floor and by videoconference (Zoom) before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 6/10/2025)	June 10, 2025	June 10, 2025 PACER
	Set Deadlines/Hearings: Responses due by 6/11/2025. Replies due by 6/12/2025. Motion Hearing set for 6/12/2025 at 1:30 PM in San Francisco, Courtroom 06, 17th Floor and by videoconference (Zoom) before Judge Charles R. Breyer. (ls, COURT STAFF) (Filed on 6/10/2025)	June 10, 2025	June 10, 2025 PACER
15	NOTICE of Appearance filed by Marissa Suzanne Malouff on behalf of Gavin Newsom, State of California (Malouff, Marissa) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
15	NOTICE of Appearance filed by Marissa Suzanne Malouff on behalf of Gavin Newsom, State of California (Malouff, Marissa) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
16	NOTICE of Appearance filed by Kendal Leigh Micklethwaite on behalf of Gavin Newsom, State of California (Micklethwaite, Kendal) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
16	NOTICE of Appearance filed by Kendal Leigh Micklethwaite on behalf of Gavin Newsom, State of California (Micklethwaite, Kendal) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
17	CLERK'S NOTICE: (This is a text-only entry generated by the court. There is no document associated with this entry.). This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than June 11, 2025 at 1:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (ls, COURT STAFF) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
17	CLERK'S NOTICE: (This is a text-only entry generated by the court. There is no document associated with this entry.). This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required of counsel who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than June 11, 2025 at 1:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (ls, COURT STAFF) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
18	NOTICE of Appearance filed by Luke Freedman on behalf of Gavin Newsom, State of California (Freedman, Luke) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
18	NOTICE of Appearance filed by Luke Freedman on behalf of Gavin Newsom, State of California (Freedman, Luke) (Filed on 6/10/2025) (Entered: 06/10/2025)	June 10, 2025	June 10, 2025 PACER
19	Ex Parte Application of Amicus Curiae Blue Eagle Coalition for leave to file amicus brief filed by Blue Eagle Coalition. (Attachments: # 1 Declaration of Andrew Watters, # 2 Exhibit Email message seeking parties' consent to file amicus brief, # 3 Exhibit Response from Defendants' counsel, # 4 Exhibit Response from Plaintiffs' counsel, # 5 Supplement Proposed Amicus Curiae Brief)(Watters, Andrew) (Filed on 6/11/2025) (Entered: 06/11/2025) 1 Declaration of Andrew Watters View on RECAP 2 Exhibit Email message seeking parties' consent to file amicus brief View on RECAP 3 Exhibit Response from Defendants' counsel View on RECAP 4 Exhibit Response from Plaintiffs' counsel View on RECAP 5 Supplement Proposed Amicus Curiae Brief View on RECAP	June 11, 2025	June 11, 2025 RECAP
32	Certificate of Interested Entities by Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals (Craig, Matthew) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 RECAP
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	June 11, 2025	June 11, 2025 PACER
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	June 11, 2025	June 11, 2025 PACER
	Clerk's Notice of Video Recording Request	June 11, 2025	June 11, 2025 PACER
	Clerk's Notice of Video Recording Request	June 11, 2025	June 11, 2025 PACER
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	June 11, 2025	June 11, 2025 PACER
20	NOTICE of Appearance filed by Benjamin Kurland on behalf of Donald J. Trump, Pete Hegseth, U.S. Department of Defense (Kurland, Benjamin) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
20	NOTICE of Appearance filed by Benjamin Kurland on behalf of Donald J. Trump, Pete Hegseth, U.S. Department of Defense (Kurland, Benjamin) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
	Clerk's Notice of Video Recording Request	June 11, 2025	June 11, 2025 PACER
20	NOTICE of Appearance filed by Benjamin Kurland on behalf of Donald J. Trump, Pete Hegseth, U.S. Department of Defense (Kurland, Benjamin) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
21	NOTICE of Appearance filed by Garry Daniel Hartlieb on behalf of Donald J. Trump, Pete Hegseth, U.S. Department of Defense (Hartlieb, Garry) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
21	NOTICE of Appearance filed by Garry Daniel Hartlieb on behalf of Donald J. Trump, Pete Hegseth, U.S. Department of Defense (Hartlieb, Garry) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
21	NOTICE of Appearance filed by Garry Daniel Hartlieb on behalf of Donald J. Trump, Pete Hegseth, U.S. Department of Defense (Hartlieb, Garry) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
22	OPPOSITION/RESPONSE (re 8 First Ex Parte Application Motion for a Temporary Restraining Order ) filed byDonald J. Trump, Pete Hegseth, U.S. Department of Defense. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Edelman, Christopher) (Filed on 6/11/2025) (Entered: 06/11/2025) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP	June 11, 2025	June 11, 2025 RECAP
23	MOTION to File Amicus Curiae Brief filed by State of Iowa, State of Oklahoma, State of South Carolina. Motion Hearing set for 6/12/2025 01:30 PM in San Francisco, Courtroom 06, 17th Floor before Judge Charles R. Breyer. Responses due by 6/25/2025. Replies due by 7/2/2025. (Attachments: # 1 Exhibit Proposed Amicus Brief, # 2 Proposed Order)(Benbrook, Bradley) (Filed on 6/11/2025) (Entered: 06/11/2025) 1 Exhibit Proposed Amicus Brief View on RECAP 2 Proposed Order View on RECAP	June 11, 2025	June 11, 2025 RECAP
24	NOTICE of Appearance filed by Stephen Michael Duvernay on behalf of State of Iowa, State of Oklahoma, State of South Carolina (Duvernay, Stephen) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
24	NOTICE of Appearance filed by Stephen Michael Duvernay on behalf of State of Iowa, State of Oklahoma, State of South Carolina (Duvernay, Stephen) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
24	NOTICE of Appearance filed by Stephen Michael Duvernay on behalf of State of Iowa, State of Oklahoma, State of South Carolina (Duvernay, Stephen) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
25	OPPOSITION/RESPONSE (re 8 First Ex Parte Application Motion for a Temporary Restraining Order ) (Corrected) filed byDonald J. Trump, Pete Hegseth, U.S. Department of Defense. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Edelman, Christopher) (Filed on 6/11/2025) (Entered: 06/11/2025) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on RECAP 4 Exhibit 4 View on RECAP	June 11, 2025	June 11, 2025 Clearinghouse
26	NOTICE OF REQUEST FOR VIDEO RECORDINGThe parties in this case are hereby notified that a request has been made to video record the following proceeding in this case pursuant to General Order 65, as part of the Cameras in the Courtroom Pilot Project. Further information may be found at cand.uscourts.gov/cameras. Proceeding: Motion for Temporary Restraining OrderDate of scheduled proceeding: June 12, 2025 at 1:30pm Consent to video recording will be presumed unless a party completes the Objection to Request for Video Recording form by 9:00AM Pacific Standard Time on June 12, 2025. The form is available on the court's website here. (This is a text-only entry generated by the court. There is no document associated with this entry.) (notewarel, COURT STAFF) (Filed on 6/11/2025) Modified on 6/11/2025 (kab, COURT STAFF). Modified on 6/11/2025 (kab, COURT STAFF). (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
26	NOTICE OF REQUEST FOR VIDEO RECORDINGThe parties in this case are hereby notified that a request has been made to video record the following proceeding in this case pursuant to General Order 65, as part of the Cameras in the Courtroom Pilot Project. Further information may be found at cand.uscourts.gov/cameras. Proceeding: Motion for Temporary Restraining OrderDate of scheduled proceeding: June 12, 2025 at 1:30pm Consent to video recording will be presumed unless a party completes the Objection to Request for Video Recording form by 9:00AM Pacific Standard Time on June 12, 2025. The form is available on the court's website here. (This is a text-only entry generated by the court. There is no document associated with this entry.) (notewarel, COURT STAFF) (Filed on 6/11/2025) Modified on 6/11/2025 (kab, COURT STAFF). Modified on 6/11/2025 (kab, COURT STAFF). (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
26	NOTICE OF REQUEST FOR VIDEO RECORDINGThe parties in this case are hereby notified that a request has been made to video record the following proceeding in this case pursuant to General Order 65, as part of the Cameras in the Courtroom Pilot Project. Further information may be found at cand.uscourts.gov/cameras. Proceeding: Motion for Temporary Restraining OrderDate of scheduled proceeding: June 12, 2025 at 1:30pm Consent to video recording will be presumed unless a party completes the Objection to Request for Video Recording form by 9:00AM Pacific Standard Time on June 12, 2025. The form is available on the court's website here. (This is a text-only entry generated by the court. There is no document associated with this entry.) (notewarel, COURT STAFF) (Filed on 6/11/2025) Modified on 6/11/2025 (kab, COURT STAFF). Modified on 6/11/2025 (kab, COURT STAFF). (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
27	NOTICE of Appearance filed by James Edward Stanley on behalf of Gavin Newsom, State of California (Stanley, James) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
27	NOTICE of Appearance filed by James Edward Stanley on behalf of Gavin Newsom, State of California (Stanley, James) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
27	NOTICE of Appearance filed by James Edward Stanley on behalf of Gavin Newsom, State of California (Stanley, James) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
28	Ex Parte Application re 8 First Ex Parte Application Motion for a Temporary Restraining Order filed by David A. Carrillo, Brandon V. Stracener. (Attachments: # 1 Declaration Stracener Decl ISO App for Leave to File, # 2 Proposed Order [Proposed] Order Granting Leave to File Amicus Brief, # 3 Exhibit [Proposed] Brief of Amicus California Constitution Scholars)(Stracener, Brandon) (Filed on 6/11/2025) (Entered: 06/11/2025) 1 Declaration Stracener Decl ISO App for Leave to File View on RECAP 2 Proposed Order [Proposed] Order Granting Leave to File Amicus Brief View on RECAP 3 Exhibit [Proposed] Brief of Amicus California Constitution Scholars View on RECAP	June 11, 2025	June 11, 2025 RECAP
29	STIPULATION WITH PROPOSED ORDER to Increase Page Limits filed by Donald J. Trump, Pete Hegseth, U.S. Department of Defense. (Attachments: # 1 Proposed Order)(Kurland, Benjamin) (Filed on 6/11/2025) (Entered: 06/11/2025) 1 Proposed Order View on RECAP	June 11, 2025	June 11, 2025 RECAP
30	MOTION for Leave to File Amicus Brief of 21 Amici States and the Office of the Gov. of Kansas filed by State of Washington, State of Delaware. (Attachments: # 1 Amicus Brief of 21 Amici States and the Office of the Gov. of Kansas, # 2 Proposed Order Granting Leave to File Amicus Brief)(Heintz, Tera) (Filed on 6/11/2025) (Entered: 06/11/2025) 1 Amicus Brief of 21 Amici States and the Office of the Gov. of Kansas View on RECAP 2 Proposed Order Granting Leave to File Amicus Brief View on RECAP	June 11, 2025	June 11, 2025 RECAP
31	MOTION for Leave to File Amici Curiae Brief filed by Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals. (Attachments: # 1 Amici Curiae Brief of Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals, # 2 Proposed Order Granting Motion for Leave to File)(Craig, Matthew) (Filed on 6/11/2025) (Entered: 06/11/2025) 1 Amici Curiae Brief of Former U.S. Army and Navy Secretaries and Retired Four-St View on RECAP 2 Proposed Order Granting Motion for Leave to File View on RECAP	June 11, 2025	June 11, 2025 RECAP
32	Certificate of Interested Entities by Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals (Craig, Matthew) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 RECAP
32	Certificate of Interested Entities by Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals (Craig, Matthew) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 RECAP
33	NOTICE of Appearance filed by Matthew J. Craig on behalf of Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals (Craig, Matthew) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
33	NOTICE of Appearance filed by Matthew J. Craig on behalf of Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals (Craig, Matthew) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
33	NOTICE of Appearance filed by Matthew J. Craig on behalf of Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals (Craig, Matthew) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
34	NOTICE of Appearance filed by Mack Eric Jenkins on behalf of Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals (Jenkins, Mack) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
34	NOTICE of Appearance filed by Mack Eric Jenkins on behalf of Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals (Jenkins, Mack) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
34	NOTICE of Appearance filed by Mack Eric Jenkins on behalf of Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals (Jenkins, Mack) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
35	NOTICE of Appearance filed by Susan S. Har on behalf of Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals (Har, Susan) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
35	NOTICE of Appearance filed by Susan S. Har on behalf of Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals (Har, Susan) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
35	NOTICE of Appearance filed by Susan S. Har on behalf of Former U.S. Army and Navy Secretaries and Retired Four-Star Admirals and Generals (Har, Susan) (Filed on 6/11/2025) (Entered: 06/11/2025)	June 11, 2025	June 11, 2025 PACER
36	ORDER TO INCREASE PAGE LIMITS by Judge Charles R. Breyer: Granting 29 Stipulation. (ls, COURT STAFF) (Filed on 6/12/2025) (Entered: 06/12/2025)	June 12, 2025	June 12, 2025 RECAP
36	ORDER TO INCREASE PAGE LIMITS by Judge Charles R. Breyer: Granting 29 Stipulation. (ls, COURT STAFF) (Filed on 6/12/2025) (Entered: 06/12/2025)	June 12, 2025	June 12, 2025 RECAP
36	ORDER TO INCREASE PAGE LIMITS by Judge Charles R. Breyer: Granting 29 Stipulation. (ls, COURT STAFF) (Filed on 6/12/2025) (Entered: 06/12/2025)	June 12, 2025	June 12, 2025 RECAP
36	ORDER TO INCREASE PAGE LIMITS by Judge Charles R. Breyer: Granting 29 Stipulation. (ls, COURT STAFF) (Filed on 6/12/2025) (Entered: 06/12/2025)	June 12, 2025	June 12, 2025 RECAP
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	June 12, 2025	June 12, 2025 PACER
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	June 12, 2025	June 12, 2025 PACER

show / hide docket entries