Case: City of Fresno v. Scott Turner

City of Fresno v. Turner

Donald Trump

President Donald Trump

Donald Trump

President Donald Trump

President Donald Trump

President Donald Trump

President Donald Trump

President Donald Trump

President Donald Trump

President Donald Trump

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 405, receipt number ACANDC-21034937.). Injunction against the US government/official or APA vacatur requested. Filed by MONROE COUNTY AIRPORT AUTHORITY, City of Eureka, City of Fresno, County of Monroe, New York, City of South Lake Tahoe, City of Saint Paul, Minnesota, County of Sacramento. (Attachments: # 1 Civil Cover Sheet)(Holtzman, Jonathan) (Filed on 8/20/2025) (Entered: 08/20/2025)

1 Civil Cover Sheet

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Proposed Summons. (Holtzman, Jonathan) (Filed on 8/20/2025) (Entered: 08/20/2025)

Case assigned to Judge Richard Seeborg. 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 8/21/2025) (Entered: 08/21/2025)

NOTICE of Appearance filed by James R. Ross on behalf of City of Fresno, City of Eureka, City of South Lake Tahoe, County of Sacramento, County of Monroe, New York, MONROE COUNTY AIRPORT AUTHORITY (Ross, James) (Filed on 8/21/2025) (Entered: 08/21/2025)

NOTICE of Appearance filed by Ryan Paul McGinley-Stempel on behalf of City of Fresno, City of Eureka, City of South Lake Tahoe, County of Sacramento, County of Monroe, New York, MONROE COUNTY AIRPORT AUTHORITY (McGinley-Stempel, Ryan) (Filed on 8/21/2025) (Entered: 08/21/2025)

NOTICE of Appearance filed by Maribel Lopez on behalf of City of Fresno, City of Eureka, City of South Lake Tahoe, County of Sacramento, County of Monroe, New York, MONROE COUNTY AIRPORT AUTHORITY (Lopez, Maribel) (Filed on 8/21/2025) (Entered: 08/21/2025)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-21038213.) filed by City of Saint Paul, Minnesota. (Olson, Lyndsey) (Filed on 8/21/2025) (Entered: 08/21/2025)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-21038642.) filed by City of Saint Paul, Minnesota. (McElveen, Kelsey) (Filed on 8/21/2025) (Entered: 08/21/2025)

MOTION for Temporary Restraining Order filed by City of Fresno, City of Eureka, City of South Lake Tahoe, City of Saint Paul, Minnesota, County of Sacramento, County of Monroe, New York, Monroe County Airport Authority. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Request for Judicial Notice, # 3 Exhibit A to RJN, # 4 Exhibit B to RJN, # 5 Exhibit C to RJN, # 6 Exhibit D to RJN, # 7 Exhibit E to RJN, # 8 Exhibit F to RJN, # 9 Exhibit G to RJN, # 10 Exhibit H to RJN, # 11 Exhibit I to RJN, # 12 Exhibit J to RJN, # 13 Exhibit K to RJN, # 14 Exhibit L to RJN, # 15 Exhibit M to RJN, # 16 Exhibit N to RJN, # 17 Exhibit O to RJN, # 18 Exhibit P to RJN, # 19 Proposed Order re Temporary Restraining Order, # 20 Proposed Order to Show Cause re Preliminary Injunction, # 21 Freitas Declaration in Support, # 22 Bacher Declaration in Support, # 23 Barfield Declaration in Support, # 24 Chen Declaration in Support - Part One, # 25 Chen Delclaration in Support Part 2, # 26 Clark Declaration in Support, # 27 Darrow Declaration in Support, # 28 Dickinson Declaration in Support, # 29 Halcon Declaration in Support, # 30 Lutz Declaration in Support, # 31 Moore Declaration in Support, # 32 Mozier Declaration in Support, # 33 Partida Declaration in Support Part One, # 34 Partida Declaration in Support Part Two, # 35 Skei Declaration in Support, # 36 Slattery Declaration in Support)(Holtzman, Jonathan) (Filed on 8/21/2025) Modified on 8/22/2025 (slh, COURT STAFF). (Entered: 08/21/2025)

1 Memorandum of Points and Authorities

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2 Request for Judicial Notice

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3 Exhibit A to RJN

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4 Exhibit B to RJN

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5 Exhibit C to RJN

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6 Exhibit D to RJN

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7 Exhibit E to RJN

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8 Exhibit F to RJN

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9 Exhibit G to RJN

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10 Exhibit H to RJN

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11 Exhibit I to RJN

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12 Exhibit J to RJN

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13 Exhibit K to RJN

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14 Exhibit L to RJN

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15 Exhibit M to RJN

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16 Exhibit N to RJN

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17 Exhibit O to RJN

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18 Exhibit P to RJN

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19 Proposed Order re Temporary Restraining Order

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20 Proposed Order to Show Cause re Preliminary Injunction

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21 Freitas Declaration in Support

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22 Bacher Declaration in Support

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23 Barfield Declaration in Support

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24 Chen Declaration in Support - Part One

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25 Chen Delclaration in Support Part 2

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26 Clark Declaration in Support

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27 Darrow Declaration in Support

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28 Dickinson Declaration in Support

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29 Halcon Declaration in Support

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30 Lutz Declaration in Support

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31 Moore Declaration in Support

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32 Mozier Declaration in Support

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33 Partida Declaration in Support Part One

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34 Partida Declaration in Support Part Two

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35 Skei Declaration in Support

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36 Slattery Declaration in Support

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~Util - Case Assigned by Intake

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

NOTICE of Appearance filed by Jacob David Freitas on behalf of City of Fresno, City of Eureka, City of South Lake Tahoe, County of Sacramento, County of Monroe, New York, Monroe County Airport Authority (Freitas, Jacob) (Filed on 8/22/2025) Modified on 8/22/2025 (slh, COURT STAFF). (Entered: 08/22/2025)

ORDER Setting Hearing on re 9 MOTION for Temporary Restraining Order filed by County of Sacramento, County of Monroe, New York, City of Fresno, City of Eureka, City of South Lake Tahoe, Monroe County Airport Authority, City of Saint Paul, Minnesota. ORDER requiring Defendant to respond to Plaintiffs' MOTION for Temporary Restraining Order by 8/25/2025 0:500 PM. Motion Hearing set for 8/26/2025 02:00 PM in San Francisco, - Videoconference Only before Chief Judge Richard Seeborg. Signed by Chief Judge Richard Seeborg on August 22, 2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rslc2, COURT STAFF) (Filed on 8/22/2025) (Entered: 08/22/2025)

CLERKS NOTICE RE: ZOOM INFORMATION FOR HEARING ON THE MOTION FOR TEMPORARY RESTRAINING ORDER. The Motion for Temporary Restraining Order 9 set for 8/26/2025 at 2:00 PM will be by Zoom videoconference. 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/rs Mandatory Pre-Registration re: Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A joint list of names and emails must be sent to the CRD at rscrd@cand.uscourts.gov no later than 8/25/2025 by 2:00 PM.Civ LR 77-3(d). 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/. (Related documents(s) 9 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 8/22/2025) (Entered: 08/22/2025)

Order. Signed 8/22/2025 by Chief Judge Richard Seeborg granting 7 Motion for Pro Hac Vice for Lyndsey M. Davis Olson.(klh, COURT STAFF) (Filed on 8/22/2025) (Entered: 08/22/2025)

ORDER. Signed 8/22/2025 by Chief Judge Richard Seeborg granting 8 Motion for Pro Hac Vice for Kelsey J. McElveen. (klh, COURT STAFF) (Filed on 8/22/2025) (Entered: 08/22/2025)

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/13/2025. Initial Case Management Conference set for 11/20/2025 at 10:00 AM in San Francisco, via Videoconference Only. (slh, COURT STAFF) (Filed on 8/22/2025) (Entered: 08/22/2025)

Summons Issued as to Bryan Bedford, Sean Duffy, Federal Aviation Administration, Federal Highway Administration, Federal Transit Administration, Robert F. Kennedy, Jr, Marcus J. Molinaro, Gloria M. Shepherd, Scott Turner, U.S. Department of Health and Human Services, U.S. Department of Housing and Urban Development, U.S. Department of Transportation, U.S. Environmental Protection Agency, Lee Zeldin. (slh, COURT STAFF) (Filed on 8/22/2025) (Entered: 08/22/2025)

CLERK'S NOTICE CHANGING TIME AND ZOOM NOTICE. Motion Hearing as to 9 MOTION for Temporary Restraining Order set for 8/26/2025 AT 2:00 PM will be heard ON THE SAME DAY AT 03:00 PM in San Francisco, - Videoconference Only before Judge Richard Seeborg. 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/rs Mandatory Pre-Registration re: Court Appearances: Advanced notice is required of counsel or parties 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 rscrd@cand.uscourts.gov no later than 8/25/2025 by 2:00 PM.Civ LR 77-3(d). 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/. (Related documents(s) 9 ) (This is a text-only entry generated by the court. There is no document associated with this entry.),(klh, COURT STAFF) (Filed on 8/22/2025) (Entered: 08/22/2025)

CERTIFICATE OF SERVICE by City of Fresno, City of Eureka, City of South Lake Tahoe, City of Saint Paul, Minnesota, County of Sacramento, County of Monroe, New York, Monroe County Airport Authority re 1 Complaint, 3 Case Assigned by Intake,, 15 Initial Case Management Scheduling Order with ADR Deadlines, (Holtzman, Jonathan) (Filed on 8/22/2025) (Entered: 08/22/2025)

CERTIFICATE OF SERVICE by City of Fresno, City of Eureka, City of South Lake Tahoe, City of Saint Paul, Minnesota, County of Sacramento, County of Monroe, New York, Monroe County Airport Authority re 1 Complaint, 16 Summons Issued, 3 Case Assigned by Intake,, 15 Initial Case Management Scheduling Order with ADR Deadlines, (Holtzman, Jonathan) (Filed on 8/22/2025) (Entered: 08/22/2025)

Notice of Appearance/Substitution/Change/Withdrawal of Attorney

Clerk's Notice Setting Zoom Hearing

Order AND Order Setting Hearing on Motion

Electronic Filing Error

Clerk's Notice Continuing Motion Hearing AND ~Util - Set Motion and Deadlines/Hearings AND ~Util - Teleconference Zoom

Electronic filing error re: 1 Complaint filed by County of Sacramento, County of Monroe, New York, City of Fresno, Monroe County Airport Authority, City of Eureka, City of South Lake Tahoe, City of Saint Paul, Minnesota. Parties added to action incorrectly. Counsel is reminded not to add parties in all caps. For future reference, please refer to https://cand.uscourts.gov/ecf/caseopening. See Guide to E-Filing New Civil Cases (Section III.c Adding Parties). Corrected by Clerk's Office. No further action is necessary. (slh, COURT STAFF) (Filed on 8/22/2025)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-21047783.) filed by County of Monroe, New York, Monroe County Airport Authority. (Marshall, Christina) (Filed on 8/25/2025) (Entered: 08/25/2025)

Order. Signed 8/25/2025 by Chief Judge Richard Seeborg granting 20 Motion for Pro Hac Vice for Christina S. Marshall.(klh, COURT STAFF) (Filed on 8/25/2025) (Entered: 08/25/2025)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number BCANDC-21049068.) filed by County of Monroe, New York, Monroe County Airport Authority. (Allison, Melissa) (Filed on 8/25/2025) (Entered: 08/25/2025)

ERRATA re 9 MOTION for Temporary Restraining Order Request for Judicial Notice Exhibit H by City of Fresno. (Attachments: # 1 Exhibit H)(Holtzman, Jonathan) (Filed on 8/25/2025) (Entered: 08/25/2025)

1 Exhibit H

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OPPOSITION/RESPONSE (re 9 MOTION for Temporary Restraining Order ) filed bySean Duffy, U.S. Department of Transportation, Marcus J. Molinaro, Federal Transit Administration, Gloria M. Shepherd, Federal Highway Administration, Bryan Bedford, Federal Aviation Administration, Robert F. Kennedy, Jr, U.S. Department of Health and Human Services, Lee Zeldin, U.S. Environmental Protection Agency, Scott Turner, U.S. Department of Housing and Urban Development. (Attachments: # 1 Declaration of Claudette Fernandez, # 2 Declaration of David Cushing, # 3 Declaration of Arlan Finfrock, # 4 Declaration of Ray Tellis, # 5 Declaration of Jamie Legier, # 6 Declaration of Cynthia Baugh, # 7 Declaration of Odessa Crocker, # 8 Declaration of Ellen Blake)(Merritt, R.) (Filed on 8/25/2025) (Entered: 08/25/2025)

Order. Signed 8/26/2025 by Chief Judge Richard Seeborg granting 22 Motion for Pro Hac Vice for Melissa C. Allison.(klh, COURT STAFF) (Filed on 8/26/2025) (Entered: 08/26/2025)

REPLY (re 9 MOTION for Temporary Restraining Order ) filed byCity of Fresno, City of Eureka, City of South Lake Tahoe, City of Saint Paul, Minnesota, County of Sacramento, County of Monroe, New York, Monroe County Airport Authority. (Attachments: # 1 Declaration Supplemental Declaration Miles Slattery, # 2 Declaration Supplemental Declaration Philip Skei, # 3 Declaration Supplemental Declaration Tay-Jye Chen)(Holtzman, Jonathan) (Filed on 8/26/2025) (Entered: 08/26/2025)

1 Declaration Supplemental Declaration Miles Slattery

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2 Declaration Supplemental Declaration Philip Skei

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3 Declaration Supplemental Declaration Tay-Jye Chen

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Minute Entry for ZOOM proceedings held before Judge Richard Seeborg: Motion Hearing held on 8/26/2025 re 9 MOTION for Temporary Restraining Order filed by County of Sacramento, County of Monroe, New York, City of Fresno, Monroe County Airport Authority, City of Eureka, City of South Lake Tahoe, City of Saint Paul, Minnesota. Oral arguments heard. Motion granted. Court to issue a written order. Parties should submit a joint briefing proposal for the preliminary injunction. Total Time in Court: 51 M. (3:04-3:55) Court Reporter: Ruth Levine Ekhaus. Plaintiff Attorney: Ryan McGinley-Stempel, James Ross, Jake Freitas, Jonathan Holtzman; Andrew Janz for City of Fresno; Kelsey McElveen for City of St. Paul. Defendant Attorney: Charie Merritt. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Date Filed: 8/26/2025) (Entered: 08/26/2025)

Motion Hearing

ORDER GRANTING 9 MOTION FOR TEMPORARY RESTRAINING ORDER. Signed by Chief Judge Richard Seeborg on August 27, 2025. (rslc2, COURT STAFF) (Filed on 8/27/2025)

NOTICE by Sean Duffy, U.S. Department of Transportation, Marcus J. Molinaro, Federal Transit Administration, Gloria M. Shepherd, Federal Highway Administration, Bryan Bedford, Federal Aviation Administration, Robert F. Kennedy, Jr, U.S. Department of Health and Human Services, Lee Zeldin, U.S. Environmental Protection Agency, Scott Turner, U.S. Department of Housing and Urban Development re 28 Order on Motion for TRO of Filing of Agency Declarations (Attachments: # 1 Declaration of Claudette Fernandez, # 2 Declaration of Shannon Louie, # 3 Declaration of Dan Coogan, # 4 Declaration of Cortney McCormick)(Merritt, R.) (Filed on 8/28/2025) (Entered: 08/28/2025)

TRANSCRIPT ORDER for proceedings held on 8/26/25 before Judge Richard Seeborg by Sean Duffy, U.S. Department of Transportation, Marcus J. Molinaro, Federal Transit Administration, Gloria M. Shepherd, Federal Highway Administration, Bryan Bedford, Federal Aviation Administration, Robert F. Kennedy, Jr, U.S. Department of Health and Human Services, Lee Zeldin, U.S. Environmental Protection Agency, Scott Turner, U.S. Department of Housing and Urban Development, for Court Reporter Ruth Ekhaus. (Merritt, R.) (Filed on 8/29/2025) (Entered: 08/29/2025)

TRANSCRIPT ORDER for proceedings held on August 26, 2025 before Judge Richard Seeborg by City of Fresno, City of Eureka, City of South Lake Tahoe, County of Sacramento, County of Monroe, New York, Monroe County Airport Authority, for Court Reporter Ruth Ekhaus. (McGinley-Stempel, Ryan) (Filed on 8/29/2025) (Entered: 08/29/2025)

STIPULATION WITH PROPOSED ORDER RE BRIEFING SCHEDULE AND AGREEMENT TO INCREASE PAGE LIMITS filed by City of Fresno. (Holtzman, Jonathan) (Filed on 8/29/2025) (Entered: 08/29/2025)

Transcript of Proceedings held on 08/26/2025, before Judge Richard Seeborg. Court Reporter Ruth Levine Ekhaus, RMR, RDR, FCRR, CCG CSR No. 12219, telephone number ruth_ekhaus@cand.uscourts.gov/(415)336-5223. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 30 Transcript Order,, 31 Transcript Order, ) Release of Transcript Restriction set for 12/1/2025. (Related documents(s) 30, 31 ) (rre, COURT STAFF) (Filed on 9/1/2025) (Entered: 09/01/2025)

ORDER RE BRIEFING SCHEDULE AND PAGE LIMITS. Signed by Chief Judge Richard Seeborg on 9/2/2025. Motion for Preliminary Injunction due by 9/8/2025. Opposition/ Responses due by 9/16/2025. Replies due by 9/22/2025. Motion for Preliminary Injunction Hearing set for 9/23/2025 01:30 PM in San Francisco, - Videoconference Only before Chief Judge Richard Seeborg. 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/rs Mandatory Pre-Registration re: Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A joint list of names and emails must be sent to the CRD at rscrd@cand.uscourts.gov no later than 9/19/2025 by 2:00 PM.Civ LR 77-3(d). 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/. (klh, COURT STAFF) (Filed on 9/2/2025) (Entered: 09/02/2025)

AMENDED COMPLAINT against All Defendants. Filed by Monroe County Airport Authority, City of Eureka, City of Fresno, County of Monroe, New York, City of South Lake Tahoe, City of Saint Paul, Minnesota, County of Sacramento, County of San Diego, City of Alameda, County of Marin, City of Redwood City. (Holtzman, Jonathan) (Filed on 9/8/2025) (Entered: 09/08/2025)

MOTION for Preliminary Injunction filed by County of San Diego, City of Alameda, County of Marin, City of Redwood City, City of Fresno, City of Eureka, City of South Lake Tahoe, City of Saint Paul, Minnesota, County of Sacramento, County of Monroe, New York, Monroe County Airport Authority. Motion Hearing set for 9/23/2025 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Richard Seeborg. Responses due by 10/16/2025. Replies due by 10/22/2025. (Attachments: # 1 Declaration of Jake D. Freitas, # 2 Declaration of Jennifer Ott, # 3 Declaration of Gail Payne, # 4 Declaration of Christopher Blunk, # 5 Declaration of Leelee Thomas, # 6 Declaration of Lisa Warhuus, # 7 Declaration of Melissa Stevenson Diaz, # 8 Declaration of Jamie L. Abbott, # 9 Declaration of Kelly Salmons, # 10 Declaration of Miles Slattery, # 11 Declaration of Gregory Barfield, # 12 Declaration of Jennifer Clark, # 13 Declaration of Scott Mozier, # 14 Declaration of Juan Francisco Partida Delgado, # 15 Declaration of Philip Skei, # 16 Declaration of Ana J. Liss, # 17 Declaration of Andrew G. Moore, # 18 Declaration of Tay-Jye Chen, # 19 Declaration of Matthew Darrow, # 20 Declaration of Emily Halcon, # 21 Declaration of Timothy Lutz, # 22 Declaration of Lindsay Bacher, # 23 Declaration of John Dickinson, # 24 Request for Judicial Notice with Exhibits A-Z, # 25 Proposed Order)(Holtzman, Jonathan) (Filed on 9/8/2025) (Entered: 09/08/2025)

1 Declaration of Jake D. Freitas

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2 Declaration of Jennifer Ott

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3 Declaration of Gail Payne

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4 Declaration of Christopher Blunk

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5 Declaration of Leelee Thomas

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6 Declaration of Lisa Warhuus

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7 Declaration of Melissa Stevenson Diaz

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8 Declaration of Jamie L. Abbott

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9 Declaration of Kelly Salmons

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10 Declaration of Miles Slattery

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11 Declaration of Gregory Barfield

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12 Declaration of Jennifer Clark

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13 Declaration of Scott Mozier

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14 Declaration of Juan Francisco Partida Delgado

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15 Declaration of Philip Skei

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16 Declaration of Ana J. Liss

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17 Declaration of Andrew G. Moore

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18 Declaration of Tay-Jye Chen

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19 Declaration of Matthew Darrow

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20 Declaration of Emily Halcon

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21 Declaration of Timothy Lutz

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22 Declaration of Lindsay Bacher

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23 Declaration of John Dickinson

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24 Request for Judicial Notice with Exhibits A-Z

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25 Proposed Order

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Pro Hac Vice

Order on Motion for Pro Hac Vice

Set Motion and Deadlines/Hearings

Set/Reset Deadlines as to 36 MOTION for Preliminary Injunction . Responses due by 9/16/2025. Replies due by 9/22/2025. Adjust briefing schedule per Order 34 (klh, COURT STAFF) (Filed on 9/9/2025)