Case: KELLY v. HEGSETH

1:26-cv-00081 | U.S. District Court for the District of District of Columbia

Filed Date: Jan. 12, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary while we research the case.)

Senator. Kelly  made numerous public statements and taken other legislative actions to address the appropriateness of the Trump Administration’s deployment of troops and the National Guard; military strikes; the conduct of senior defense officials; and the legal obligations of service-members. In November 2025, when Senator Kelly and five other Members of Congress released a video reiterating servicemembers’ longstanding and widely accepted legal obligation to disregard unlawful orders, President Trump and Secretary Hegseth warned that there would be consequences. The Department of Defense then followed with formal punishment.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72131361/parties/kelly-v-hegseth/


Judge(s)

Leon, Richard J. (District of Columbia)

Attorney for Plaintiff

Callahan, Samuel Francis (District of Columbia)

Curtis, Deborah A. (District of Columbia)

Fishman, Paul Joseph (District of Columbia)

Attorney for Defendant

Bailey, John (District of Columbia)

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Documents in the Clearinghouse

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72131361/kelly-v-hegseth/

Last updated Jan. 17, 2026, 12:20 a.m.

ECF Number Description Date Link Date / Link
1

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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Jan. 12, 2026

Jan. 12, 2026

RECAP
2

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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Jan. 12, 2026

Jan. 12, 2026

RECAP
3

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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Jan. 12, 2026

Jan. 12, 2026

4

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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Jan. 12, 2026

Jan. 12, 2026

5

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)

Jan. 12, 2026

Jan. 12, 2026

RECAP

Case Assigned/Reassigned

Jan. 12, 2026

Jan. 12, 2026

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

Jan. 12, 2026

Jan. 12, 2026

Order

Jan. 12, 2026

Jan. 12, 2026

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

Jan. 12, 2026

Jan. 12, 2026

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)

Jan. 12, 2026

Jan. 12, 2026

6

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

Jan. 14, 2026

Jan. 14, 2026

RECAP
7

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

Jan. 14, 2026

Jan. 14, 2026

RECAP
8

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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Jan. 14, 2026

Jan. 14, 2026

RECAP
9

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

Jan. 14, 2026

Jan. 14, 2026

RECAP

Order on Motion for Leave to Appear Pro Hac Vice

Jan. 14, 2026

Jan. 14, 2026

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

Jan. 14, 2026

Jan. 14, 2026

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)

Jan. 14, 2026

Jan. 14, 2026

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)

Jan. 14, 2026

Jan. 14, 2026

10

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

Jan. 15, 2026

Jan. 15, 2026

RECAP

Status Conference AND ~Util - Set/Reset Hearings

Jan. 15, 2026

Jan. 15, 2026

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)

Jan. 15, 2026

Jan. 15, 2026

11

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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Jan. 16, 2026

Jan. 16, 2026

Set/Reset Deadlines

Jan. 16, 2026

Jan. 16, 2026

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

Jan. 16, 2026

Jan. 16, 2026

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

Jan. 16, 2026

Jan. 16, 2026

Case Details

State / Territory:

District of Columbia

Case Type(s):

Speech and Religious Freedom

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Jan. 12, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

District of District of Columbia 1:26-cv-00081

Available Documents:

Complaint (any)

Trial Court Docket