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 complete

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 Secretary Hegseth’s September 28, 2025 memorandum, issued under 10 U.S.C. § 12406 and signed by President Trump, federalized 200 members of the Oregon National Guard for a 60-day …

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 Secretary Hegseth’s September 28, 2025 memorandum, issued under 10 U.S.C. § 12406 and signed by President Trump, federalized 200 members of the Oregon National Guard for a 60-day deployment in Portland and directed them to perform civilian law-enforcement and crowd-control functions in connection with localized protests near Portland’s ICE facility. The complaint asserts that this federalization and deployment order is unlawful on multiple grounds:

  1. Ultra Vires Action (10 U.S.C. § 12406) – The order exceeds statutory authority 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.
  2. Violation of the Posse Comitatus Act (18 U.S.C. § 1385) and 10 U.S.C. § 275 – The deployment unlawfully directs federalized National Guard members to engage in arrests, searches, and other civilian law-enforcement activities without specific congressional authorization.
  3. Tenth Amendment and Equal State Sovereignty Violations – The action infringes on state sovereignty by usurping state control over its militia and violates the principle of equal state sovereignty by selectively targeting Portland for political retribution.
  4. Administrative Procedure Act Violations (5 U.S.C. § 706(2)(A)–(C)) – The Departments of Defense and Homeland Security acted in excess of statutory jurisdiction and in an arbitrary and capricious manner, lacking any lawful factual or legal basis.
  5. Constitutional Violations — Separation of Powers, Militia Clauses, and Take Care Clause – The President’s actions usurp Congress’s Article I power to call forth the militia and violate the Article II duty to “take care that the laws be faithfully executed.”

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, asking Judge Michael H. Simon, to whom the case was initially assigned, to step aside under 28 U.S.C. § 455(a). They cited 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. That same day, Judge Simon recused himself, noting no legal basis for disqualification but doing so to avoid even the appearance of bias, and the case was reassigned to Judge Karin J. Immergut.

On October 4, 2025, Judge Immergut granted plaintiffs’ motion for a temporary restraining order, blocking the implementation of the September 28 federalization and deployment order under 10 U.S.C. § 12406. The court held that the President likely acted ultra vires, as conditions in Portland did not meet the statutory prerequisites for calling up the Guard. Protests cited as justification were small and peaceful, and federal law enforcement already had adequate resources. Judge Immergut found no evidence of a “rebellion” or that regular forces were “unable” to execute the laws, as required under subsections (2) and (3) of § 12406. Exercising authority beyond those limits, the court reasoned, infringed Oregon’s Tenth Amendment sovereignty over its militia. Because the federalization order diverted state resources and undermined state control, Oregon showed irreparable harm. The balance of equities and public interest also favored maintaining constitutional limits on military deployment in domestic affairs. The TRO remains in effect until October 18, 2025, unless extended, and the government’s motion to stay the injunction was denied. Oregon v. Trump, No. 3:25-CV-1756-IM, 2025 WL 2817646 (D. Or. Oct. 4, 2025)

On October 5, 2025, the plaintiffs filed an Amended Complaint and a Second Motion for a Temporary Restraining Order, now joined by the State of California. The amended filing alleged that, within hours of the district court’s October 4 TRO, federalized members of the California National Guard had been redeployed to Portland—an act plaintiffs characterized as a deliberate circumvention of the court’s order. Specifically, approximately 101 federalized California Guard members landed in Oregon early on October 5, with another 99 expected later that day. Plaintiffs argued that these troops were called to perform the same unlawful mission under the same inadequate authority—10 U.S.C. § 12406—that the court had already enjoined. The amended complaint reiterated that no invasion, rebellion, or inability of regular forces existed in Oregon and emphasized that redeploying troops originally federalized for unrest in Los Angeles lacked any lawful or factual basis. The plaintiffs asserted the same five causes of action—ultra vires action, violations of the Posse Comitatus Act, Tenth Amendment and equal sovereignty violations, APA violations, and constitutional separation-of-powers violations—and sought a new TRO preventing the deployment of federalized troops from any state in Oregon.

Later that same day, Judge Immergut granted the plaintiffs’ Second Motion for a Temporary Restraining Order, issuing an October 5, 2025 order, from the bench, enjoining the implementation of Secretary Hegseth’s September 28, 2025 memorandum that had federalized and deployed the Oregon National Guard to Portland. The second TRO also extended to prevent the redeployment of federalized California National Guard troops who had been sent to Oregon in what plaintiffs described as a deliberate attempt to circumvent the court’s prior injunction.

Defendants appealed the October 4 TRO (but not the second one) to the Ninth Circuit, which on October 8, 2025, granted an emergency administrative stay of that first order. The appellate court explained that maintaining the status quo—under which Oregon Guard members remained federalized but not deployed, and the unchallenged October 5 TRO continued to prohibit any National Guard deployment in Oregon—would best preserve existing conditions while it considered the government’s motion for a stay pending appeal. Oregon v. Trump, No. 25-6268, 2025 WL 2848495 (9th Cir. Oct. 8, 2025).

On October 16, 2025, Judge Karin J. Immergut entered a Stipulated Protective Order governing the handling of confidential and classified materials in discovery. The order covered operational directives, interagency communications, and security-sensitive information related to the federalization of the Oregon National Guard. It restricted access to counsel and approved experts, required secure handling and eventual destruction of materials, and allowed in camera and ex parte review of classified content. The court retained continuing jurisdiction to enforce the order, emphasizing the need to balance discovery rights with national security and operational confidentiality.

On October 20, 2025, the Ninth Circuit granted the federal government’s motion for a stay pending appeal, allowing President Trump’s September 28 order federalizing the Oregon National Guard to take effect. The panel held that the President likely acted within his authority under 10 U.S.C. § 12406(3), finding a colorable basis for concluding that regular federal forces were unable to execute the laws in Portland.

On October 28, 2025, the Ninth Circuit granted rehearing en banc and vacated the October 20 panel opinion. The full court will now hear the appeal. On October 30, 2025, Chief Judge Murguía ordered that the October 8 administrative stay remains in effect pending further order of the en banc court, thereby preserving the existing posture under which the Oregon National Guard remains federalized but cannot be deployed in Oregon pursuant to the unchallenged October 5 TRO.

On November 2, 2025, Judge Immergut issued an Opinion and Order granting a preliminary injunction until November 7, 2025, maintaining the status quo while she prepares a final decision on the merits. Oregon v. Trump, No. 3:25-cv-1756-IM (D. Or. Nov. 2, 2025). Following a three-day consolidated hearing under Rule 65(a)(2), the court found that Oregon, California, and Portland were likely to succeed on their claims that the federalization and deployment of the National Guard were ultra vires under 10 U.S.C. § 12406 and violated the Tenth Amendment.

Applying Newsom v. Trump, 141 F.4th 1032 (9th Cir. 2025), the court concluded that the President lacked a colorable basis to invoke § 12406(2) or (3), as the Portland protests were largely peaceful and did not significantly impede federal law enforcement. The order enjoined Secretary Hegseth from implementing the September 28, October 5, and October 16 memoranda federalizing or deploying Guard units from Oregon, Texas, or California—and any similar orders relying on the same predicates—while staying the injunction in part to allow the Guard to remain federalized but not deployed pending the court’s final ruling.

On November 7, 2025, following a three-day bench trial, Judge Immergut issued a Partial Final Judgment in Oregon v. Trump, No. 3:25-cv-1756-IM (D. Or. Nov. 7, 2025). The court ruled in favor of the plaintiffs—the State of Oregon, the City of Portland, and the State of California—on their claims that the federalization and deployment of National Guard members from Oregon and California were ultra vires under 10 U.S.C. § 12406 and violated the Tenth Amendment. Judge Immergut granted declaratory and permanent injunctive relief, holding that the President and the Departments of Defense and Homeland Security had exceeded their statutory and constitutional authority. The order permanently enjoined Secretary of Defense Pete Hegseth, Secretary of Homeland Security Kristi Noem, and their departments from implementing the September 28, October 5, and October 16, 2025 memoranda authorizing the deployment of federalized National Guard members to Oregon. The injunction also prohibited any similar deployments from other states based on the same predicates.

Judge Immergut partially stayed the injunction for 14 days as to the federalization (but not deployment) of the Oregon National Guard to maintain the status quo, under which Guard members remained federalized but could not be deployed. The permanent injunction against deployment took immediate effect, and the court retained jurisdiction under the All Writs Act, 28 U.S.C. § 1651, to enforce its terms.

Summary Authors

Claire Pollard (9/29/2025)

Michael Vandergriff (11/8/2025)

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

Azimpoor, Kian Kevin (Oregon)

Bailey, John (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
56

3:25-cv-01756

Opinion and Order Granting Motion for Temporary Restraining Order

Oct. 4, 2025

Oct. 4, 2025

Order/Opinion

2025 WL 2817646

69

3:25-cv-01756

FTR Recording or Transcript Designiation and Order Form

Oct. 5, 2025

Oct. 5, 2025

Other
88

3:25-cv-01756

Stipulated Protective Order

Oct. 16, 2025

Oct. 16, 2025

Order/Opinion
134

3:25-cv-01756

Opinion and Order Granting Preliminary Injunction Until November 7, 2025, at 5 P.M. PT

Nov. 2, 2025

Nov. 2, 2025

Order/Opinion

2025 WL 3057622

146

3:25-cv-01756

Findings of Fact and Conclusions of Law

Nov. 7, 2025

Nov. 7, 2025

Order/Opinion
147

3:25-cv-01756

Partial Final Judgment

Nov. 7, 2025

Nov. 7, 2025

Order/Opinion

Docket

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

Last updated Nov. 8, 2025, 4:53 p.m.

ECF Number Description Date Link Date / Link
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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)

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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

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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

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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

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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

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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

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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

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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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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)

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Sept. 29, 2025

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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)

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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

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

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

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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)

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Sept. 29, 2025

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1 - Scheduling

Sept. 29, 2025

Sept. 29, 2025

Scheduling Conference

Sept. 29, 2025

Sept. 29, 2025

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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

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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

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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

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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)

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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)

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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)

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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)

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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

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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

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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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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

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

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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

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

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

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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)

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Oct. 2, 2025

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

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

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

Oct. 2, 2025

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38

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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38

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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39

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

Oct. 2, 2025

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39

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

Oct. 2, 2025

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40

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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40

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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41

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

Oct. 2, 2025

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41

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

Oct. 2, 2025

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42

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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42

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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43

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)

1 Attachment 1

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2 Attachment 2

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3 Attachment 3

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4 Attachment 4

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Oct. 2, 2025

Oct. 2, 2025

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43

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)

1 Attachment 1

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2 Attachment 2

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3 Attachment 3

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4 Attachment 4

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Oct. 2, 2025

Oct. 2, 2025

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44

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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44

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

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

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

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

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

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

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

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

1 - Scheduling

Oct. 2, 2025

Oct. 2, 2025

Order on Motion to Appear as Amicus Curiae

Oct. 2, 2025

Oct. 2, 2025

1 - Scheduling

Oct. 2, 2025

Oct. 2, 2025

Order on Motion to Appear as Amicus Curiae

Oct. 2, 2025

Oct. 2, 2025

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

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

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

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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

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

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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

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

Clerks Review of Pro Hac Vice Motion

Oct. 3, 2025

Oct. 3, 2025

Leave to Appear Pro Hac Vice

Oct. 3, 2025

Oct. 3, 2025

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

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

Clerk's Review of Pro Hac Vice Motion

Oct. 3, 2025

Oct. 3, 2025

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

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Oct. 4, 2025

Oct. 4, 2025

Clearinghouse
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

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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

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Oct. 5, 2025

Oct. 5, 2025

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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

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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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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

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

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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

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Oct. 5, 2025

Oct. 5, 2025

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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

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

Other Dockets:

District of Oregon 3:25-cv-01756

U.S. Court of Appeals for the Ninth Circuit 25:25-06268

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff

Relief Sought:

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

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

Issues

General/Misc.:

Government services

Presidential/Gubernatorial Authority:

Commandeering