Case: Kelly v. Hegseth

Kelly v. Hegseth et al.

COMPLAINT against PETE HEGSETH, JOHN PHELAN, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY ( Filing fee $ 405 receipt number ADCDC-12180058) filed by MARK KELLY. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons)(Fishman, Paul) (Entered: 01/12/2026)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Civil Cover Sheet

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11 Summons

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12 Summons

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13 Summons

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14 Summons

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15 Summons

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16 Summons

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Emergency MOTION for Temporary Restraining Order, Preliminary Injunction, and Stay Under 5 U.S.C. § 705 by MARK KELLY. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Text of Proposed Order)(Fishman, Paul). Added MOTION for Preliminary Injunction, MOTION to Stay on 1/12/2026 (znmw). (Entered: 01/12/2026)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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7 Text of Proposed Order

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SUMMONS (6) Issued Electronically as to PETE HEGSETH, JOHN PHELAN, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY, U.S. Attorney, and U.S. Attorney General. (Attachments: # 1 Notice and Consent) (zjd) (Entered: 01/12/2026)

1 Notice and Consent

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin C. Mizer, Filing fee $ 100, receipt number ADCDC-12180530. Fee Status: Fee Paid. by MARK KELLY. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 [Proposed] Order Granting Admission PHV)(Callahan, Samuel) (Entered: 01/12/2026)

1 Declaration

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2 Certificate of Good Standing

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3 [Proposed] Order Granting Admission PHV

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NOTICE of Appearance by John Bailey on behalf of All Defendants (Bailey, John) (Main Document 5 replaced on 1/13/2026) (mg). (Entered: 01/12/2026)

Case Assigned/Reassigned

.Order AND Order Setting Hearing on Motion AND ~Util - Set/Reset Deadlines/Hearings

Order

Case Assigned to Judge Richard J. Leon. (zjd)

MINUTE ORDER. Regarding plaintiff's 2 Emergency Motion for a Temporary Restraining Order, Preliminary Injunction, and Stay Under 5 U.S.C. § 705, it is hereby ORDERED that defendants shall file a response by no later than 10:00 AM on Thursday, January 15, 2026. The Court will hold a hearing on the motion on Thursday, January 15, 2026 at 4:00 PM in Courtroom 18 (In Person) before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 01/12/2026. (lcrjl1)

NOTICE of Appearance by Paul Joseph Fishman on behalf of MARK KELLY (Fishman, Paul) (Entered: 01/14/2026)

NOTICE of Appearance by Samuel Francis Callahan on behalf of MARK KELLY (Callahan, Samuel) (Entered: 01/14/2026)

Joint MOTION for Scheduling Order by MARK KELLY. (Attachments: # 1 Text of Proposed Order)(Fishman, Paul) (Entered: 01/14/2026)

1 Text of Proposed Order

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NOTICE of Appearance by Deborah A. Curtis on behalf of MARK KELLY (Curtis, Deborah) (Entered: 01/14/2026)

.Order AND ~Util - Set/Reset Deadlines/Hearings

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER. It is hereby ORDERED that the motion hearing scheduled for Thursday, January 15, 2026 at 4:00 PM in Courtroom 18 (In Person) before Judge Richard J. Leon is converted to a status conference to discuss the parties' 8 Joint Motion for Scheduling Order. It is further ORDERED that the deadline for defendants' response to plaintiff's 2 Emergency Motion for a Temporary Restraining Order, Preliminary Injunction, and Stay Under 5 U.S.C. § 705 is VACATED pending further order of the Court. SO ORDERED. Signed by Judge Richard J. Leon on 1/14/2026. (lcrjl1)

MINUTE ORDER. Upon consideration of the 4 Motion for Leave to Appear Pro Hac Vice, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Benjamin C. Mizer be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. SO ORDERED. Signed by Judge Richard J. Leon on 1/14/2026. (lcrjl1)

NOTICE of Appearance by Benjamin Mizer on behalf of MARK KELLY (Mizer, Benjamin) (Entered: 01/15/2026)

Status Conference AND ~Util - Set/Reset Hearings

Minute Entry for Status Conference held on 1/15/2026 before Judge Richard J. Leon. Parties discussed posture of the case. The Court directs the parties to file a new proposed Scheduling Order by 1/16/2026. The Court will hold a hearing on Plaintiff's 2 Emergency Motion for a Temporary Restraining Order, Preliminary Injunction, and Stay Under 5 U.S.C. § 705 on 1/28/2026 at 4:00 PM in Courtroom 18 (In Person) before Judge Richard J. Leon. Court Reporter: Lisa Edwards. (zljn)

Joint MOTION for Scheduling Order by MARK KELLY. (Attachments: # 1 Text of Proposed Order)(Fishman, Paul) (Entered: 01/16/2026)

1 Text of Proposed Order

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Set/Reset Deadlines

Set/Reset Deadlines: Proposed Schedule due by 1/16/2026 (zljn)

Order on Motion for Scheduling Order AND Set/Reset Deadlines AND Set/Reset Hearings

Order on Motion for Scheduling Order

MINUTE ORDER. Upon consideration of the parties' 11 Joint Motion for Scheduling Order, and consistent with the agreement reached at the status conference held January 15, 2026, it is hereby ORDERED that the motion is GRANTED. Plaintiff's 2 Emergency Motion for a Temporary Restraining Order, Preliminary Injunction, and Stay Under 5 U.S.C. § 705 is CONVERTED to a Motion for Preliminary Injunction and Stay under 5 U.S.C. § 705. Defendants shall file a response to plaintiff's motion no later than January 22, 2026, at 5:00 PM, and plaintiff shall file a reply to defendants' response no later than January 26, 2026, at 5:00 PM. The Court will hold a hearing on plaintiff's motion on January 28, 2026 at 4:00 PM in Courtroom 18 (In Person) before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 1/16/2026. (lcrjl1)

NOTICE of Appearance by Kristy Parker on behalf of Former Service Secretaries, Retired Senior Military Officers, Vet Voice Foundation (Parker, Kristy) (Entered: 01/20/2026)

Unopposed MOTION for Leave to File Amicus Brief in Support of Plaintiffs Motion for a Preliminary Injunction and Stay Under 5 U.S.C. § 705 by Former Service Secretaries, Retired Senior Military Officers, Vet Voice Foundation. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Parker, Kristy) (Entered: 01/20/2026)

1 Memorandum in Support

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2 Text of Proposed Order

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey H. Smith, Filing fee $ 100, receipt number ADCDC-12193578. Fee Status: Fee Paid. by MARK KELLY. (Attachments: # 1 Declaration of Jeffrey H. Smith, # 2 DC Bar - Certificate of Good Standing, # 3 Text of Proposed Order)(Callahan, Samuel) (Entered: 01/20/2026)

1 Declaration of Jeffrey H. Smith

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2 DC Bar - Certificate of Good Standing

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3 Text of Proposed Order

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bonnie E. Devany, Filing fee $ 100, receipt number ADCDC-12193862. Fee Status: Fee Paid. by MARK KELLY. (Attachments: # 1 Declaration of Bonnie E. Devany, # 2 Texas Bar - Certificate of Good Standing, # 3 Text of Proposed Order)(Callahan, Samuel) (Entered: 01/20/2026)

1 Declaration of Bonnie E. Devany

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2 Texas Bar - Certificate of Good Standing

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3 Text of Proposed Order

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MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron X. Sobel, Filing fee $ 100, receipt number ADCDC-12193917. Fee Status: Fee Paid. by MARK KELLY. (Attachments: # 1 Declaration of Aaron X. Sobel, # 2 DC Bar - Certificate of Good Standing, # 3 Text of Proposed Order)(Callahan, Samuel) (Entered: 01/20/2026)

DECLARATION of Jeffrey H. Smith in Support of Motion for Admission PRO HAC VICE by MARK KELLY re 14 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey H. Smith, Filing fee $ 100, receipt number ADCDC-12193578. Fee Status: Fee Paid.. (Callahan, Samuel) (Entered: 01/21/2026)

DECLARATION of Bonnie Devany in Support of Motion for Admission PRO HAC VICE by MARK KELLY re 15 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bonnie E. Devany, Filing fee $ 100, receipt number ADCDC-12193862. Fee Status: Fee Paid.. (Callahan, Samuel) (Entered: 01/21/2026)

DECLARATION of Aaron X. Sobel in Support of Motion for Admission PRO HAC VICE by MARK KELLY re 16 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron X. Sobel, Filing fee $ 100, receipt number ADCDC-12193917. Fee Status: Fee Paid.. (Callahan, Samuel) (Entered: 01/21/2026)

Notice of Error

NOTICE OF ERROR regarding 14 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jeffrey H. Smith, Filing fee $ 100, receipt number ADCDC-12193578. Fee Status: Fee Paid.. The following error(s) need correction: Declaration must have an original, ink signature. Please refile using the event Declaration. (mg)

NOTICE OF ERROR regarding 15 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Bonnie E. Devany, Filing fee $ 100, receipt number ADCDC-12193862. Fee Status: Fee Paid.. The following error(s) need correction: Declaration must have an original, ink signature. Please refile using the event Declaration. (mg)

NOTICE OF ERROR regarding 16 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Aaron X. Sobel, Filing fee $ 100, receipt number ADCDC-12193917. Fee Status: Fee Paid.. The following error(s) need correction: Declaration must have an original, ink signature. Please refile using the event Declaration. (mg)

RESPONSE re 2 Emergency MOTION for Temporary Restraining Order, Preliminary Injunction, and Stay Under 5 U.S.C. § 705 MOTION for Preliminary Injunction MOTION to Stay filed by PETE HEGSETH, JOHN C. PHELAN, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. (Attachments: # 1 Exhibit 1 - Buria Decl., # 2 Text of Proposed Order)(Bailey, John) (Entered: 01/22/2026)

1 Exhibit 1 - Buria Decl.

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2 Text of Proposed Order

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Order on Motion for Leave to File Amicus Brief

MINUTE ORDER. Upon consideration of the 13 Motion for Leave to File Brief of Amici Curiae, it is hereby ORDERED that the Motion is GRANTED. The amicus brief attached as Exhibit 1 to the 13 Motion is deemed filed with the Court upon entry of this order. SO ORDERED. Signed by Judge Richard J. Leon on 1/22/2026. (lcrjl1)

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER. Upon consideration of the 14 15 16 Motions for Leave to Appear Pro Hac Vice, it is hereby ORDERED that the Motions are GRANTED. It is further ORDERED that Jeffrey H. Smith, Bonnie E. Devany, and Aaron X. Sobel be, and hereby are, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Richard J. Leon on 1/22/2026. (lcrjl1)

Order on Motion for Leave to Appear Pro Hac Vice

REPLY to opposition to motion re 2 Motion for TRO,, Motion for Preliminary Injunction,, Motion to Stay, (REPLY IN SUPPORT OF PLAINTIFF'S EMERGENCY MOTION FOR A PRELIMINARY INJUNCTION AND STAY UNDER 5 U.S.C. § 705) filed by MARK KELLY. (Fishman, Paul) (Entered: 01/26/2026)

MINUTE ORDER. Due to inclement weather and scheduling conflicts with other matters, the preliminary injunction hearing currently scheduled for January 28, 2026 at 4:00 PM is hereby VACATED and CONTINUED to February 3, 2026 at 4:00 PM in Courtroom 18 (In Person) before Judge Richard J. Leon. SO ORDERED. Signed by Judge Richard J. Leon on 1/26/2026. (lcrjl1)

.Order AND Scheduling Order AND ~Util - Set/Reset Hearings

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joseph Andrew Boyle, Filing fee $ 100, receipt number ADCDC-12206172. Fee Status: Fee Paid. by Former Service Secretaries, Retired Senior Military Officers, Vet Voice Foundation. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Parker, Kristy) (Entered: 01/27/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christine Sun, Filing fee $ 100, receipt number ADCDC-12206193. Fee Status: Fee Paid. by Former Service Secretaries, Retired Senior Military Officers, Vet Voice Foundation. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Parker, Kristy) (Entered: 01/27/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Maithreyi Ratakonda, Filing fee $ 100, receipt number ADCDC-12206217. Fee Status: Fee Paid. by Former Service Secretaries, Retired Senior Military Officers, Vet Voice Foundation. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Parker, Kristy) (Entered: 01/27/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lauren Groth, Filing fee $ 100, receipt number ADCDC-12206314. Fee Status: Fee Paid. by Former Service Secretaries, Retired Senior Military Officers, Vet Voice Foundation. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Parker, Kristy) (Entered: 01/27/2026)

1 Declaration

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2 Certificate of Good Standing

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3 Text of Proposed Order

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NOTICE of Appearance by Jeffrey Smith on behalf of MARK KELLY (Smith, Jeffrey) (Entered: 01/30/2026)

NOTICE of Appearance by Bonnie Devany on behalf of MARK KELLY (Devany, Bonnie) (Entered: 01/30/2026)

NOTICE of Appearance by Aaron Sobel on behalf of MARK KELLY (Sobel, Aaron) (Entered: 02/02/2026)

Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear Pro Hac Vice

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER. Upon consideration of the 22 23 24 25 Motions for Leave to Appear Pro Hac Vice, it is hereby ORDERED that the Motions are GRANTED. It is further ORDERED that Joseph Andrew Boyle, Christine P. Sun, Maithreyi Ratakonda, and Lauren Groth be, and hereby are, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Richard J. Leon on 2/2/2026. (lcrjl1)

TRANSCRIPT OF STATUS CONFERENCE before Judge Richard J. Leon held on January 15, 2026; Page Numbers: 1-13. Date of Issuance: February 3, 2026. Court Reporter/Transcriber Lisa Edwards, Telephone number (202) 354-3269, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/24/2026. Redacted Transcript Deadline set for 3/6/2026. Release of Transcript Restriction set for 5/4/2026.(Edwards, Lisa) (Entered: 02/03/2026)

Motion Hearing

Minute Entry for Motions Hearing held on 2/3/2026 before Judge Richard J. Leon. Oral arguments submitted on Plaintiff's Motion 2 for Preliminary Injunction and Stay under 5 U.S.C. § 705. Court takes matter under advisement. Forthcoming Order. Court Reporter: Sonja Reeves. (zljn)

TRANSCRIPT OF MOTION HEARING before Judge Richard J. Leon held on February 3, 2026; Page Numbers: 1-41. Court Reporter Sonja L. Reeves, RDR, CRR, Telephone number (202) 354-3246, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/25/2026. Redacted Transcript Deadline set for 3/7/2026. Release of Transcript Restriction set for 5/5/2026.(Reeves, Sonja) (Entered: 02/04/2026)

NOTICE of Appearance by Beau Tremitiere on behalf of Former Service Secretaries, Retired Senior Military Officers, Vet Voice Foundation (Tremitiere, Beau) (Entered: 02/04/2026)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Conor Gaffney, Filing fee $ 100, receipt number ADCDC-12224805. Fee Status: Fee Paid. by Former Service Secretaries, Retired Senior Military Officers, Vet Voice Foundation. (Attachments: # 1 Declaration, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Parker, Kristy) (Entered: 02/04/2026)

NOTICE of Appearance by Joseph Andrew Boyle on behalf of Former Service Secretaries, Retired Senior Military Officers, Vet Voice Foundation (Boyle, Joseph) (Entered: 02/05/2026)

NOTICE of Appearance by Christine Patricia Sun on behalf of Former Service Secretaries, Retired Senior Military Officers, Vet Voice Foundation (Sun, Christine) (Entered: 02/05/2026)

NOTICE of Appearance by Lauren Elizabeth Groth on behalf of Former Service Secretaries, Retired Senior Military Officers, Vet Voice Foundation (Groth, Lauren) (Entered: 02/05/2026)

NOTICE of Appearance by Maithreyi Ratakonda on behalf of Former Service Secretaries, Retired Senior Military Officers, Vet Voice Foundation (Ratakonda, Maithreyi) (Entered: 02/06/2026)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER. Upon consideration of the 32 Motion for Leave to Appear Pro Hac Vice, it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Conor Gaffney be, and hereby is, admitted pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Richard J. Leon on 2/9/2026. (lcrjl1)

MEMORANDUM OPINION. Signed by Judge Richard J. Leon on 2/12/2026. (lcrjl1) (Entered: 02/12/2026)

ORDER. Consistent with the attached, plaintiff's 2 Motion for Preliminary Injunction and Stay is GRANTED in part. See Order for details. Signed by Judge Richard J. Leon on 2/12/2026. (lcrjl1) (Entered: 02/12/2026)

Set/Reset Deadlines

Set/Reset Deadlines: Joint Status Report due by 3/14/2026 (zljn)

REQUEST FOR LEAVE TO FILE REVIEW. The attached document requires leave to file: NON-PARTY MOTION to Dismiss. Reason(s): Filer is not a party to the case. (mg) (Entered: 02/19/2026)

NOTICE OF INTERLOCUTORY APPEAL as to 37 Order, Memorandum & Opinion, 38 Order, Preliminary Injunction by PETE HEGSETH, JOHN C. PHELAN, U.S. DEPARTMENT OF DEFENSE, U.S. DEPARTMENT OF THE NAVY. Fee Status: No Fee Paid. Parties have been notified. (Bailey, John) (Entered: 02/24/2026)

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 40 Notice of Interlocutory Appeal,. (mg) (Entered: 02/25/2026)

.Order AND Order on Leave to File Review

MINUTE ORDER re 39 Request for Leave to File Review. Leave to file is denied. The filer is not a party to this case. SO ORDERED. Signed by Judge Richard J. Leon on 2/26/2026. (lcrjl1)

USCA Case Number 26-5070 for 40 Notice of Interlocutory Appeal, filed by U.S. DEPARTMENT OF DEFENSE, PETE HEGSETH, JOHN C. PHELAN, U.S. DEPARTMENT OF THE NAVY. (mg)

USCA Case Number

Request for Leave to File Review