Case: State of Oregon v. Trump

3:25-cv-01756 | U.S. District Court for the District of Oregon

Filed Date: Sept. 28, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

On September 28, 2025, the State of Oregon and the City of Portland filed suit in the District of Oregon against President Donald J. Trump, Secretary of Defense Pete Hegseth, the U.S. Department of Defense, Secretary of Homeland Security Kristi Noem, and the U.S. Department of Homeland Security. Plaintiffs allege that the order federalizing 200 members of the Oregon National Guard for a 60-day deployment in Portland, where they were directed to perform civilian law-enforcement functions during …

On September 28, 2025, the State of Oregon and the City of Portland filed suit in the District of Oregon against President Donald J. Trump, Secretary of Defense Pete Hegseth, the U.S. Department of Defense, Secretary of Homeland Security Kristi Noem, and the U.S. Department of Homeland Security.

Plaintiffs allege that the order federalizing 200 members of the Oregon National Guard for a 60-day deployment in Portland, where they were directed to perform civilian law-enforcement functions during localized protests near Portland’s ICE facility, is unlawful on multiple grounds. First, they claim the order is ultra vires under 10 U.S.C. § 12406 because none of the statutory predicates—such as invasion, rebellion, or the inability of regular forces to execute the laws—were satisfied, and the directive was not issued “through the governor” as required. Second, they allege a violation of the Posse Comitatus Act (18 U.S.C. § 1385) and 10 U.S.C. § 275, which bar the use of federalized military personnel for arrests, searches, and other civilian law-enforcement activities absent specific congressional authorization. Third, they argue the action infringes on state sovereignty under the Tenth Amendment and violates the principle of equal state sovereignty by singling out Portland for political retribution. Fourth, they assert that the Department of Defense and Department of Homeland Security acted in excess of statutory authority and in an arbitrary and capricious manner, in violation of the Administrative Procedure Act, 5 U.S.C. § 706(2)(A)–(C). Finally, in Count V, plaintiffs allege a violation of the Constitution’s separation of powers, specifically the Militia Clauses of Article I and the Take Care Clause of Article II, arguing that the President usurped congressional authority to call forth the militia and disregarded his constitutional duty to faithfully execute the laws. Plaintiffs seek declaratory relief and preliminary and permanent injunctions to block the Guard’s federalization and deployment

On October 2, 2025, the defendants filed a Suggestion of Recusal in the District of Oregon. They asked Judge Michael H. Simon, whom the case was assigned to, to step aside under 28 U.S.C. § 455(a), citing the public statements and involvement of his spouse, Representative Suzanne Bonamici, who represents part of Portland and had publicly opposed the Guard deployment and visited the ICE facility at issue. Defendants argued that Representative Bonamici’s direct involvement in the factual and legal controversy—through letters, press conferences with Oregon officials, and public commentary—created an appearance of partiality that could undermine public confidence in the case’s fairness.

On the same day, Judge Michael H. Simon recused himself despite finding no legal basis for disqualification, and the case was reassigned to Judge Karin J. Immergut, with the TRO hearing to proceed as scheduled on October 3, 2025.

Summary Authors

Claire Pollard (9/29/2025)

Michael Vandergriff (10/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71481149/parties/state-of-oregon-v-trump/


Judge(s)
Attorney for Plaintiff

Castelli, Thomas H. (Oregon)

Attorney for Defendant

Davis, Tiberius T. (Oregon)

Edelman, Christopher D. (Oregon)

Expert/Monitor/Master/Other

Basbaum, Jesse P. (Oregon)

Binsacca, Anya (Oregon)

show all people

Documents in the Clearinghouse

Document
1

3:25-cv-01756

Complaint for Declaratory and Injunctive Relief

Sept. 28, 2025

Sept. 28, 2025

Complaint
22

3:25-cv-01756

Defendant's Suggestion of Recusal

Oct. 2, 2025

Oct. 2, 2025

Pleading / Motion / Brief
88

3:25-cv-01756

Protective Order

Oct. 16, 2025

Oct. 16, 2025

Docket

See docket on RECAP: https://www.courtlistener.com/docket/71481149/state-of-oregon-v-trump/

Last updated Oct. 18, 2025, 7:12 p.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-10005061 Jury Trial Requested: No. Filed by State of Oregon, City of Portland against All Defendants (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet, # 4 Proposed Summons). (Kennedy, Scott) (Entered: 09/28/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Civil Cover Sheet

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4 Proposed Summons

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Sept. 28, 2025

Sept. 28, 2025

Clearinghouse
2

Summons Issued Electronically as to All Defendants. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (eo) (Entered: 09/28/2025)

Sept. 28, 2025

Sept. 28, 2025

PACER
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Notice of Case Assignment to Judge Michael H. Simon and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 1/26/2026. Joint Alternate Dispute Resolution Report is due by 2/25/2026. Pretrial Order is due by 2/25/2026. Ordered by Judge Michael H. Simon. (eo) (Entered: 09/28/2025)

Sept. 28, 2025

Sept. 28, 2025

PACER
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Notice of Appearance of Caroline Turco appearing on behalf of City of Portland. Filed by on behalf of City of Portland. (Turco, Caroline) (Entered: 09/28/2025)

Sept. 28, 2025

Sept. 28, 2025

PACER
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Notice of Appearance of Naomi Sheffield appearing on behalf of City of Portland. Filed by on behalf of City of Portland. (Sheffield, Naomi) (Entered: 09/28/2025)

Sept. 28, 2025

Sept. 28, 2025

PACER
10

SCHEDULING ORDER - The Court sets a Telephone Conference to set a schedule on Plaintiffs' Motion for Temporary Restraining Order (ECF 6 ) for Monday, September 29, 2025, at 4:00 p.m. before Judge Michael H. Simon. The Court will provide the parties with a call-in number by separate sealed entry. Ordered by Judge Michael H. Simon. (mja) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

PACER
11

Affidavit of Service of Summons Issued 2 upon All Defendants Filed by State of Oregon. (Marshall, Brian) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

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12

Declaration of Franz Schoening in Support of Plaintiffs Motion for Temporary Restraining Order. Filed by City of Portland. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Exhibit B, # 2 Exhibit C) (Turco, Caroline) (Entered: 09/29/2025)

1 Exhibit B

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2 Exhibit C

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Sept. 29, 2025

Sept. 29, 2025

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13

Declaration of Caroline Turco in Support of Plaintiffs Motion for Temporary Restraining Order. Filed by City of Portland. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Exhibit D) (Turco, Caroline) (Entered: 09/29/2025)

1 Exhibit D

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Sept. 29, 2025

Sept. 29, 2025

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MINUTES OF TELEPHONE CONFERENCE: ORDER - The Court sets the following schedule: Defendants' response to Plaintiffs' Motion for Temporary Restraining Order (ECF 6 ) is due by 2:00 p.m. on Thursday, October 2, 2025. Oral Argument is set for Friday, October 3, 2025, at 10:00 a.m. in Portland, Courtroom 15B, before Judge Michael H. Simon. Brian S. Marshall, Scott P. Kennedy, Caroline Turco present as counsel for Plaintiffs. Christopher D. Edelman and Jean Lin present as counsel for Defendants. Court Reporter: Kellie Humiston. Judge Michael H. Simon presiding. (mja) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

PACER
6

Motion for Temporary Restraining Order . Filed by All Plaintiffs. (Kennedy, Scott) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

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Declaration of Craig Dobson in Support of Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Exhibit A) (Kennedy, Scott) (Entered: 09/29/2025)

1 Exhibit A

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Sept. 29, 2025

Sept. 29, 2025

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Declaration of Cameron Bailey in Support of Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 6 .) (Kennedy, Scott) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

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Declaration of Brian Marshall in Support of Motion for Temporary Restraining Order. Filed by All Plaintiffs. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4, # 5 Attachment 5, # 6 Attachment 6, # 7 Attachment 7, # 8 Attachment 8, # 9 Attachment 9, # 10 Attachment 10, # 11 Attachment 11, # 12 Attachment 12, # 13 Attachment 13, # 14 Attachment 14, # 15 Attachment 15, # 16 Attachment 16, # 17 Attachment 17, # 18 Attachment 18, # 19 Attachment 19, # 20 Attachment 20, # 21 Attachment 21, # 22 Attachment 22, # 23 Attachment 23, # 24 Attachment 24, # 25 Attachment 25) (Marshall, Brian) (Entered: 09/29/2025)

1 Attachment 1

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3 Attachment 3

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21 Attachment 21

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25 Attachment 25

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Sept. 29, 2025

Sept. 29, 2025

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1 - Scheduling

Sept. 29, 2025

Sept. 29, 2025

PACER

Scheduling Conference

Sept. 29, 2025

Sept. 29, 2025

PACER
15

Notice of Appearance of Christopher D. Edelman appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Edelman, Christopher) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

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Notice of Appearance of Jean Lin appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Lin, Jean) (Entered: 09/30/2025)

Sept. 30, 2025

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Notice of Appearance of Benjamin Kurland appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Kurland, Benjamin) (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

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Notice of Appearance of Derek Olson appearing on behalf of State of Oregon. Derek Olson,Derek Olson for State of Oregon,Derek Olson,Derek Olson,Derek Olson for State of Oregon. Filed by on behalf of State of Oregon. (Olson, Derek) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

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Notice of Appearance of Robert L. Taylor appearing on behalf of City of Portland. Filed by on behalf of City of Portland. (Taylor, Robert) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

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Exhibits re Declaration, 9, This filing includes a conventionally filed USB Flash Drive. This conventional filing is maintained in the Clerk's Office but cannot be made a part of the court's electronic record in CM/ECF.. Filed by State of Oregon. (gd) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

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Supplemental Declaration of Craig Dobson in Support of Motion for Temporary Restraining Order. Filed by City of Portland. (Related document(s): Motion for Temporary Restraining Order 6 .) (Turco, Caroline) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

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22

Brief Regarding Suggestion of Recusal. Filed by All Defendants. (Attachments: # 1 Exhibit DHS Request for Assistance (Sept. 26, 2025)) (Lin, Jean) (Entered: 10/02/2025)

1 Exhibit DHS Request for Assistance (Sept. 26, 2025)

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Oct. 2, 2025

Oct. 2, 2025

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Brief Regarding Suggestion of Recusal. Filed by All Defendants. (Attachments: # 1 Exhibit DHS Request for Assistance (Sept. 26, 2025)) (Lin, Jean) (Entered: 10/02/2025)

1 Exhibit DHS Request for Assistance (Sept. 26, 2025)

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Oct. 2, 2025

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Notice of Appearance of Pilar C. French appearing on behalf of Mark A. Graber. Filed by on behalf of Mark A. Graber. (French, Pilar) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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Notice of Appearance of Pilar C. French appearing on behalf of Mark A. Graber. Filed by on behalf of Mark A. Graber. (French, Pilar) (Entered: 10/02/2025)

Oct. 2, 2025

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Unopposed Motion to Appear as Amicus Curiae . Filed by Mark A. Graber. (Attachments: # 1 Exhibit A) (French, Pilar) (Entered: 10/02/2025)

1 Exhibit A

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Oct. 2, 2025

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Unopposed Motion to Appear as Amicus Curiae . Filed by Mark A. Graber. (Attachments: # 1 Exhibit A) (French, Pilar) (Entered: 10/02/2025)

1 Exhibit A

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Oct. 2, 2025

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Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Donald Sherman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10012176. Filed by Mark A. Graber. (Sherman, Donald) (Entered: 10/02/2025)

Oct. 2, 2025

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Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Donald Sherman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10012176. Filed by Mark A. Graber. (Sherman, Donald) (Entered: 10/02/2025)

Oct. 2, 2025

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Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Nikhel Sus. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10012190. Filed by Mark A. Graber. (Sus, Nikhel) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Nikhel Sus. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10012190. Filed by Mark A. Graber. (Sus, Nikhel) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Alex M Goldstein. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10012197. Filed by Mark A. Graber. (Goldstein, Alex) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Alex M Goldstein. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10012197. Filed by Mark A. Graber. (Goldstein, Alex) (Entered: 10/02/2025)

Oct. 2, 2025

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Declaration of Jared Mees . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

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Declaration of Jared Mees . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

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Declaration of Taylor Valdes . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

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Declaration of Taylor Valdes . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

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Declaration of Sarah Shaoul . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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Declaration of Sarah Shaoul . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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Declaration of Natalie Peters-Martin . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

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Declaration of Natalie Peters-Martin . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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Declaration of Franz Schoening . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Jones, Alexander) (Entered: 10/02/2025)

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Oct. 2, 2025

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Declaration of Franz Schoening . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5) (Jones, Alexander) (Entered: 10/02/2025)

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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Oct. 2, 2025

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Declaration of Alan R. Gronewold . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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Declaration of Alan R. Gronewold . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

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35

Response to Motion for Temporary Restraining Order 6 . Filed by All Defendants. (Lin, Jean) (Entered: 10/02/2025)

Oct. 2, 2025

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35

Response to Motion for Temporary Restraining Order 6 . Filed by All Defendants. (Lin, Jean) (Entered: 10/02/2025)

Oct. 2, 2025

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36

ORDER - The Court has reviewed Defendants' Suggestion of Recusal (ECF 22 ), which was filed by Defendants three days after the Court's telephonic scheduling conference with the parties and less than 24 hours before the scheduled hearing on Plaintiffs' Motion for Temporary Restraining Order (ECF 6 ). Although the Court does not believe that recusal is required under either federal law or the Code of Conduct for United States Judges, because it is necessary that the focus of this lawsuit remain on the critically important constitutional and statutory issues presented by the parties, the undersigned U.S. District Judge hereby recuses himself. The Clerk of the Court has informed the undersigned that this case has been randomly reassigned to U.S. District Judge Karin J. Immergut. Unless otherwise directed by Judge Immergut, the hearing on the pending motion will continue to be heard as scheduled on Friday, October 3, 2025, at 10:00 a.m. in Courtroom 15B before Judge Immergut. Ordered by U.S. District Judge Michael H. Simon. (mja) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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ORDER - The Court has reviewed Defendants' Suggestion of Recusal (ECF 22 ), which was filed by Defendants three days after the Court's telephonic scheduling conference with the parties and less than 24 hours before the scheduled hearing on Plaintiffs' Motion for Temporary Restraining Order (ECF 6 ). Although the Court does not believe that recusal is required under either federal law or the Code of Conduct for United States Judges, because it is necessary that the focus of this lawsuit remain on the critically important constitutional and statutory issues presented by the parties, the undersigned U.S. District Judge hereby recuses himself. The Clerk of the Court has informed the undersigned that this case has been randomly reassigned to U.S. District Judge Karin J. Immergut. Unless otherwise directed by Judge Immergut, the hearing on the pending motion will continue to be heard as scheduled on Friday, October 3, 2025, at 10:00 a.m. in Courtroom 15B before Judge Immergut. Ordered by U.S. District Judge Michael H. Simon. (mja) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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37

Affidavit of Declaration of Major General Timothy Rieger In Opposition to TRO Motion. Filed by All Defendants. (Related document(s): Response to Motion 35 .) (Lin, Jean) (Entered: 10/02/2025)

Oct. 2, 2025

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Affidavit of Declaration of Major General Timothy Rieger In Opposition to TRO Motion. Filed by All Defendants. (Related document(s): Response to Motion 35 .) (Lin, Jean) (Entered: 10/02/2025)

Oct. 2, 2025

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Affidavit of Cammillia Wamsley in Opposition to TRO Motion. Filed by All Defendants. (Related document(s): Response to Motion 35 .) (Lin, Jean) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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Affidavit of Cammillia Wamsley in Opposition to TRO Motion. Filed by All Defendants. (Related document(s): Response to Motion 35 .) (Lin, Jean) (Entered: 10/02/2025)

Oct. 2, 2025

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Notice of Case Reassignment: This case has been reassigned from Judge Michael H. Simon to Judge Karin J. Immergut. (plb) (Entered: 10/02/2025)

Oct. 2, 2025

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Notice of Case Reassignment: This case has been reassigned from Judge Michael H. Simon to Judge Karin J. Immergut. (plb) (Entered: 10/02/2025)

Oct. 2, 2025

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Affidavit of Robert Cantu in Opposition to TRO Motion. Filed by All Defendants. (Related document(s): Response to Motion 35 .) (Lin, Jean) (Entered: 10/02/2025)

Oct. 2, 2025

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Affidavit of Robert Cantu in Opposition to TRO Motion. Filed by All Defendants. (Related document(s): Response to Motion 35 .) (Lin, Jean) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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UNOPPOSED MOTION BY THE STATE OF CALIFORNIA AND GOVERNOR NEWSOM FOR LEAVE TO FILE AMICI CURIAE BRIEF IN SUPPORT OF PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER Filed by on behalf of State of California, Gavin Newsom, in his Official Capacity as Governor of the State of California. (Attachments: # 1 Brief for the State of California and Governor Newsom as Amici Curiae In Support of Plaintiffs' Motion for Temporary Restraining Order) (Horne-Petersdorf, Barbara) Modified on 10/2/2025 (jy). (Entered: 10/02/2025)

1 Brief for the State of California and Governor Newsom as Amici Curiae In Suppor

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Oct. 2, 2025

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UNOPPOSED MOTION BY THE STATE OF CALIFORNIA AND GOVERNOR NEWSOM FOR LEAVE TO FILE AMICI CURIAE BRIEF IN SUPPORT OF PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDER Filed by on behalf of State of California, Gavin Newsom, in his Official Capacity as Governor of the State of California. (Attachments: # 1 Brief for the State of California and Governor Newsom as Amici Curiae In Support of Plaintiffs' Motion for Temporary Restraining Order) (Horne-Petersdorf, Barbara) Modified on 10/2/2025 (jy). (Entered: 10/02/2025)

1 Brief for the State of California and Governor Newsom as Amici Curiae In Suppor

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Oct. 2, 2025

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Declaration of Nathan Vasquez in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Exhibit A) (Jones, Alexander) (Entered: 10/02/2025)

1 Exhibit A

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Oct. 2, 2025

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Declaration of Nathan Vasquez in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Exhibit A) (Jones, Alexander) (Entered: 10/02/2025)

1 Exhibit A

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Oct. 2, 2025

Oct. 2, 2025

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Declaration of Alexander C. Jones in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4) (Jones, Alexander) (Entered: 10/02/2025)

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4 Attachment 4

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Oct. 2, 2025

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Declaration of Alexander C. Jones in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Attachment 1, # 2 Attachment 2, # 3 Attachment 3, # 4 Attachment 4) (Jones, Alexander) (Entered: 10/02/2025)

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Oct. 2, 2025

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Notice of Appearance of Eric Hamilton appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Hamilton, Eric) (Entered: 10/02/2025)

Oct. 2, 2025

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Notice of Appearance of Eric Hamilton appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Hamilton, Eric) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

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45

Declaration of Ryan Parker in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER
45

Declaration of Ryan Parker in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER
46

Declaration of Brian Hughes in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER
46

Declaration of Brian Hughes in Support of Plaintiffs' Motion for Temporary Restraining Order. Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 6 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29) (Jones, Alexander) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER
47

ORDER: Granting Motion to Appear as Amicus Curiae 24 . Ordered by Judge Karin J. Immergut. (jy) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER
47

ORDER: Granting Motion to Appear as Amicus Curiae 24 . Ordered by Judge Karin J. Immergut. (jy) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER
48

ORDER: Granting Motion to Appear as Amicus Curiae 41 . Ordered by Judge Karin J. Immergut. (jy) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER
48

ORDER: Granting Motion to Appear as Amicus Curiae 41 . Ordered by Judge Karin J. Immergut. (jy) (Entered: 10/02/2025)

Oct. 2, 2025

Oct. 2, 2025

PACER

1 - Scheduling

Oct. 2, 2025

Oct. 2, 2025

PACER

Order on Motion to Appear as Amicus Curiae

Oct. 2, 2025

Oct. 2, 2025

PACER

1 - Scheduling

Oct. 2, 2025

Oct. 2, 2025

PACER

Order on Motion to Appear as Amicus Curiae

Oct. 2, 2025

Oct. 2, 2025

PACER
49

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 25 by attorney Donald Sherman. Ordered by Judge Karin J. Immergut. (jy) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER
50

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 27 by attorney Alex M Goldstein. Ordered by Judge Karin J. Immergut. (jy) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER
51

Amicus Brief . Filed by Mark A. Graber. (Related document(s): Motion for Temporary Restraining Order 6 .) (French, Pilar) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

RECAP
52

ORDER: Granting Motion for Leave to Appear Pro Hac Vice 26 by attorney Nikhel Sus. Ordered by Judge Karin J. Immergut. (jy) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER
53

Transcript Designation and Order Form for the hearing held on 10/03/2025 before Judge Karin J. Immergut. Court Reporter: Bonita Shumway. . Filed by State of Oregon. (Marshall, Brian) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

RECAP
54

MINUTES of Proceedings: Motion Hearing Held regarding Motion for Temporary Restraining Order 6 . Motion is taken under advisement as of 10/3/2025. Scott P. Kennedy and Brian Simmonds Marshall for the State of Oregon and Caroline Turco for the City of Portland present as counsel for plaintiff(s). Eric Hamilton, Christopher D. Edelman, and Susanne Luse present as counsel for defendant(s). Court Reporter: Bonita Shumway. Judge Karin J. Immergut presiding. (Related document(s): Motion for Temporary Restraining Order 6 .) (jy) (Entered: 10/03/2025)

Oct. 3, 2025

Oct. 3, 2025

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Donald Sherman. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10012176 25 : Reviewed and Ready for Ruling. (dino)

Oct. 3, 2025

Oct. 3, 2025

PACER

Motion Hearing Held

Oct. 3, 2025

Oct. 3, 2025

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Nikhel Sus. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10012190 26 : Reviewed and Ready for Ruling. (dino)

Oct. 3, 2025

Oct. 3, 2025

PACER

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Alex M Goldstein. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10012197 27 : Reviewed and Ready for Ruling. (dino)

Oct. 3, 2025

Oct. 3, 2025

PACER

Clerk's Review of Pro Hac Vice Motion

Oct. 3, 2025

Oct. 3, 2025

PACER
56

OPINION & ORDER GRANTING MOTION FOR TEMPORARY RESTRAINING ORDER: Plaintiffs' Motion for Temporary Restraining Order, ECF 6, is GRANTED. Defendants are hereby enjoined from implementing Defendants' September 28, 2025, Memorandum ordering the federalization and deployment of Oregon National Guard service members. The Temporary Restraining Order expires by its own terms on October 18, 2025, at 11:59 p.m. Plaintiffs are ORDERED to post a nominal bond of $100 within 48 hours. The bond shall be filed in the Clerk's Office and deposited into the registry of the Court. Defendants' Request to Stay or Administratively Stay the Temporary Restraining Order, see Defendants' Opposition to Plaintiffs' Motion for Temporary Restraining Order, ECF 35 at 41, is DENIED. The Court Clerk will contact the parties to schedule a telephone hearing on October 17, 2025, to address whether this Temporary Restraining Order should be extended for another 14 days. Any motion for a Preliminary Injunction shall be filed no later than October 17, 2025; Defendants' opposition shall be due no later than October 23, 2025, and Plaintiffs' reply shall be due on October 27, 2025. A combined hearing on the preliminary injunction motion and a trial on the merits under Rule 65(a)(2) is set for October 29, 2025, before the Honorable Judge Karin J. Immergut, in Courtroom 13A, beginning at 9:00 a.m. See attached Opinion & Order and Temporary Restraining Order. Signed on 10/4/2025 at 3:40 p.m. pdt by Judge Karin J. Immergut. (Attachments: # 1 Attachment) (jy) (Entered: 10/04/2025)

1 Attachment

View on RECAP

Oct. 4, 2025

Oct. 4, 2025

RECAP
57

Notice of Appeal to the 9th Circuit (fee exempt status selected). Filed by All Defendants. (Edelman, Christopher) (Entered: 10/04/2025)

Oct. 4, 2025

Oct. 4, 2025

RECAP
58

Amended Complaint . Filed by State of Oregon against All Defendants (Attachments: # 1 Exhibit 1). (Marshall, Brian) Modified on 10/6/2025, to correct docket text (cw). (Entered: 10/05/2025)

1 Exhibit 1

View on RECAP

Oct. 5, 2025

Oct. 5, 2025

RECAP
59

Second Motion for Temporary Restraining Order . Expedited Hearing requested. Filed by State of Oregon. (Kennedy, Scott) (Entered: 10/05/2025)

Oct. 5, 2025

Oct. 5, 2025

RECAP
60

Declaration of Paul Ek in Support of Plaintiffs' Second Motion for Temporary Restraining Order. Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 59 .) (Marshall, Brian) (Entered: 10/05/2025)

Oct. 5, 2025

Oct. 5, 2025

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62

SCHEDULING ORDER: This Court, having received Plaintiffs' Second Motion for Temporary Restraining Order and request for Expedited Hearing, ECF 59, sets a hearing by Telephonic Conference at 7:00 p.m. tonight, October 5, 2025, before Judge Karin J. Immergut. Access information for "LISTEN ONLY" phone number for the Hearing on October 5, 2025, at 10:00 a.m. Telephone Number: 1-571-353-2301 (toll-free 1-833-990-9400); Guest Meeting ID: 373876354#. Note: If dropped from the conference, please rejoin the conference. For complete conference connection instructions and etiquette guidelines, refer to ord.uscourts.gov/cms. Ordered on 10/5/25 by Judge Karin J. Immergut. (jy) Modified on 10/5/2025 (jy). (Entered: 10/05/2025)

Oct. 5, 2025

Oct. 5, 2025

PACER
63

Redacted Declaration of Brigadier General Alan R. Gronewold . Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 59 .) (Marshall, Brian) (Entered: 10/05/2025)

Oct. 5, 2025

Oct. 5, 2025

RECAP
65

Declaration of Brian Marshall in Support of Plaintiffs' Second Motion for Temporary Restraining Order. Filed by State of Oregon. (Related document(s): Motion for Temporary Restraining Order 59 .) (Attachments: # 1 Exhibit 1) (Marshall, Brian) (Entered: 10/05/2025)

1 Exhibit 1

View on RECAP

Oct. 5, 2025

Oct. 5, 2025

RECAP
66

Transcript Designation and Order Form for the hearing held on 10/5/2025 before Judge Karin J. Immergut. Court Reporter: Bonita Shumway. . Filed by All Defendants. (Kurland, Benjamin) (Entered: 10/05/2025)

Oct. 5, 2025

Oct. 5, 2025

RECAP
67

Notice of Appearance of Kathleen Jacobs appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Jacobs, Kathleen) (Entered: 10/05/2025)

Oct. 5, 2025

Oct. 5, 2025

RECAP

Case Details

State / Territory: Oregon

Case Type(s):

Presidential/Gubernatorial Authority

Immigration and/or the Border

Key Dates

Filing Date: Sept. 28, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The State of Oregon and the State of California.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Kristi Noem, Secretary of Homeland Security (- United States (national) -), Federal

Donald J. Trump (- United States (national) -), Federal

Pete Hegseth (- United States (national) -), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Federalism (including 10th Amendment)

Separation of Powers

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Goals (e.g., for hiring, admissions)

Issues

General/Misc.:

Government services

Presidential/Gubernatorial Authority:

Commandeering