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1
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Oct. 1, 2025
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COMPLAINT against Patrick J. Fuchs, SURFACE TRANSPORTATION BOARD, DONALD J. TRUMP ( Filing fee $ 405 receipt number ADCDC-11997372) filed by Robert E Primus. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Liao, Cynthia) (Entered: 10/01/2025)
1 Civil Cover Sheet
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2 Summons
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3 Summons
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4 Summons
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5 Summons
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6 Summons
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Clearinghouse
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2
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Oct. 1, 2025
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NOTICE of Appearance by Cynthia Liao on behalf of Robert E Primus (Liao, Cynthia) (Entered: 10/01/2025)
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RECAP
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3
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Oct. 1, 2025
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NOTICE of Appearance by Elena Goldstein on behalf of Robert E Primus (Goldstein, Elena) (Entered: 10/01/2025)
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RECAP
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4
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Oct. 1, 2025
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NOTICE of Appearance by Jon M. Greenbaum on behalf of Robert E Primus (Greenbaum, Jon) (Entered: 10/01/2025)
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RECAP
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5
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Oct. 2, 2025
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SUMMONS (5) Issued Electronically as to PATRICK J. FUCHS, SURFACE TRANSPORTATION BOARD, DONALD J. TRUMP, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zhcn) (Entered: 10/02/2025)
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RECAP
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6
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Oct. 2, 2025
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STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on October 2, 2025. (lcdlf1) (Entered: 10/02/2025)
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RECAP
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Oct. 2, 2025
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Case Assigned to Judge Dabney L. Friedrich. (zhcn)
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Oct. 2, 2025
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Case Assigned/Reassigned
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Oct. 2, 2025
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.Order AND ~Util - Set/Reset Deadlines
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Oct. 2, 2025
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MINUTE ORDER. Before the Court is the plaintiff's 1 Complaint seeking declarative and injunctive relief based on his removal from the Surface Transportation Board on August 27, 2025. Among other things, he seeks (1) a declaration that his removal was unlawful and (2) injunctive relief ordering the defendants to refrain from treating him as removed and to grant him access to Board facilities and equipment so that he may carry out his duties for the remainder of his term. Dkt. 1 at 11. To the extent that the plaintiff intends to seek any emergency relief--either a Temporary Restraining Order or a Preliminary Injunction--it is ORDERED that he shall file his motion on or before October 9, 2025. So Ordered by Judge Dabney L. Friedrich on October 2, 2025. (lcdlf1)
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7
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Oct. 28, 2025
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. PATRICK J. FUCHS served on 10/20/2025 (Liao, Cynthia) (Entered: 10/28/2025)
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RECAP
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8
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Oct. 28, 2025
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SURFACE TRANSPORTATION BOARD served on 10/20/2025 (Liao, Cynthia) (Entered: 10/28/2025)
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RECAP
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9
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Oct. 28, 2025
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 10/8/2025 (Liao, Cynthia) (Entered: 10/28/2025)
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RECAP
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10
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Oct. 28, 2025
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/06/2025. (Liao, Cynthia) (Entered: 10/28/2025)
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11
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Oct. 28, 2025
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/6/2025. Answer due for ALL FEDERAL DEFENDANTS by 12/5/2025. (Liao, Cynthia) (Entered: 10/28/2025)
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12
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Dec. 1, 2025
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NOTICE of Appearance by Jordan Hulseberg on behalf of All Defendants (Hulseberg, Jordan) (Entered: 12/01/2025)
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13
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Dec. 2, 2025
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NOTICE of Appearance by Allison Ilene Brown on behalf of All Defendants (Brown, Allison) (Entered: 12/02/2025)
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14
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Dec. 2, 2025
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NOTICE of Appearance by Catherine Carroll on behalf of ROBERT E. PRIMUS (Carroll, Catherine) (Main Document 14 replaced on 12/3/2025) (znmw). (Entered: 12/02/2025)
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15
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Dec. 4, 2025
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AMENDED COMPLAINT against PATRICK J. FUCHS, SURFACE TRANSPORTATION BOARD, DONALD J. TRUMP filed by ROBERT E. PRIMUS. (Attachments: # 1 Exhibit Redline)(Carroll, Catherine) (Entered: 12/04/2025)
1 Exhibit Redline
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16
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Dec. 28, 2025
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Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Amended Complaint by PATRICK J. FUCHS, SURFACE TRANSPORTATION BOARD, DONALD J. TRUMP. (Hulseberg, Jordan) (Entered: 12/28/2025)
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Dec. 28, 2025
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Order on Motion for Extension of Time to File Response/Reply
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Dec. 28, 2025
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MINUTE ORDER granting the defendants' 16 Unopposed Motion for Extension. The defendants shall answer, move to dismiss, or otherwise respond to the plaintiff's 15 Amended Complaint on or before fourteen days after the Court rules on the government's Motion to Stay in Brown v. Trump, et al., No. 25-cv-1764. So Ordered by Judge Dabney L. Friedrich on December 28, 2025. (lcdlf1)
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17
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Jan. 7, 2026
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PROPOSED BRIEFING SCHEDULE For Motion to Dismiss on Count II of the Amended Complaint by ROBERT E. PRIMUS. (Carroll, Catherine) (Entered: 01/07/2026)
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Jan. 8, 2026
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.Order AND ~Util - Set/Reset Deadlines
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Jan. 8, 2026
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MINUTE ORDER granting the parties' 17 Proposed Briefing Schedule for Motion to Dismiss Count II of the Amended Complaint, which the Court construes as both a proposed briefing schedule and a partial motion to stay. It is ORDERED that proceedings on Count One of the Amended Complaint are STAYED pending the Supreme Court's decision in Trump v. Slaughter, No. 25-332. The Court will, however, proceed with the defendants' forthcoming motion to dismiss Count Two. Accordingly, it is ORDERED that the defendants shall file their motion to dismiss on or before January 28, 2026; the plaintiff shall file his opposition on or before February 18, 2026; and the defendants shall file any reply on or before March 4, 2026. So Ordered by Judge Dabney L. Friedrich on January 8, 2026. (lcdlf1)
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18
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Jan. 9, 2026
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NOTICE of Appearance by Ross Snyder on behalf of ROBERT E. PRIMUS (Snyder, Ross) (Entered: 01/09/2026)
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RECAP
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19
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Jan. 28, 2026
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MOTION to Dismiss for Failure to State a Claim by PATRICK J. FUCHS, SURFACE TRANSPORTATION BOARD, DONALD J. TRUMP. (Attachments: # 1 Memorandum in Support)(Hulseberg, Jordan) (Entered: 01/28/2026)
1 Memorandum in Support
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20
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Feb. 18, 2026
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RESPONSE re 19 MOTION to Dismiss for Failure to State a Claim Plaintiff's Opposition to Defendants' Motion to Dismiss filed by ROBERT E. PRIMUS. (Carroll, Catherine) (Entered: 02/18/2026)
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21
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March 4, 2026
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REPLY to opposition to motion re 19 Motion to Dismiss filed by PATRICK J. FUCHS, SURFACE TRANSPORTATION BOARD, DONALD J. TRUMP. (Hulseberg, Jordan) (Entered: 03/04/2026)
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June 29, 2026
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Order on Motion to Dismiss
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June 29, 2026
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MINUTE ORDER. The plaintiff's 15 Amended Complaint challenges his removal from his position as a member of the Surface Transportation Board. Count I of the Amended Complaint alleges that the plaintiff's removal violated the Surface Transportation Board Reauthorization Act of 2015. Count II of the Amended Complaint alleges that his removal violated the Fifth Amendment's Due Process Clause.On January 7, 2026, the parties filed a 17 Joint Proposed Briefing Schedule, in which they asked the Court to stay proceedings as to Count I of the Amended Complaint while the Supreme Court considered Trump v. Slaughter, No. 25-332, but proceed with dispositive briefing as to Count II. On January 8, 2026, the Court construed the filing as both a proposed briefing schedule and a partial motion to stay and granted the motion. January 8, 2026 Minute Order. The defendants subsequently filed a 19 Motion to Dismiss Count II. That motion is now fully briefed.The Court cannot rule on the defendants' pending 19 Motion to Dismiss Count II without considering the Supreme Court's recent opinion in Trump v. Slaughter, issued after briefing was completed, and the parties' views regarding the impact of that decision on the plaintiff's claim under the Due Process Clause. At the same time, the issuance of Slaughter has ended this Court's stay of proceedings on Count I and will likely lead to another dispositive motion by the defendants. The Court concludes that considerations of judicial economy counsel against parallel supplemental briefing as to Count II and separate dispositive briefing as to Count I. Accordingly, it is ORDERED that the defendants' 19 Motion to Dismiss Count II is DENIED without prejudice. It is further ORDERED that the parties shall file, on or before July 2, 2026, a joint status report that proposes a schedule to govern dispositive briefing on both counts of the 15 Amended Complaint. So Ordered by Judge Dabney L. Friedrich on June 29, 2026. (lcdlf1)
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22
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July 2, 2026
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Joint STATUS REPORT by ROBERT E. PRIMUS. (Attachments: # 1 Proposed Order)(Liao, Cynthia) (Entered: 07/02/2026)
1 Proposed Order
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RECAP
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July 3, 2026
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.Order
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July 3, 2026
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MINUTE ORDER. Upon consideration of the parties' 22 Joint Status Report, it is ORDERED that the following schedule shall govern further proceedings: the defendants shall file a motion to dismiss of no more than 45 pages on or before July 29, 2026; the plaintiff shall file an opposition of no more than 45 pages on or before August 12, 2026; and the defendants shall file a reply of no more than 25 pages on or before August 26, 2026. So Ordered by Judge Dabney L. Friedrich on July 3, 2026. (lcdlf1)
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