Case: Gateway Development Commission v. United States

1:26-cv-00176 | U.S. Court of Federal Claims

Filed Date: Feb. 2, 2026

Case Ongoing

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Case Summary

The Gateway Development Commission ("GDC"), a bi-state entity created by New York and New Jersey to oversee the Gateway Program, filed suit against the United States of America on February 2, 2026, in the U.S. Court of Federal Claims under the Tucker Act. The lawsuit centers on alleged breaches of grant and loan agreements that provided approximately $15 billion in federal funding for the Hudson Tunnel Project, a $16 billion rail infrastructure project connecting Newark to Manhattan. According …

The lawsuit centers on alleged breaches of grant and loan agreements that provided approximately $15 billion in federal funding for the Hudson Tunnel Project, a $16 billion rail infrastructure project connecting Newark to Manhattan. According to the complaint, the U.S. Department of Transportation suspended the release of funds on September 30, 2025, withholding over $205 million in payments that it was contractually obligated to make under the agreements. GDC alleges that DOT's suspension was ostensibly based on a review of GDC's Disadvantaged Business Enterprise program, but was actually motivated by political retaliation related to a federal government shutdown. The complaint further alleges that senior Executive Branch officials publicly linked the funding cut to the project's status as a "Democratic Program" and blamed Democratic leaders for the shutdown. GDC alleged DOT’s breach jeopardized the projects, threatened the livelihoods of the countless workers employed in its construction, endangered passengers who must rely on decaying, century-old rail infrastructure, and undermined the United States’ reputation as a reliable contracting party. GDC brought eight breach of contract claims, including six counts for DOT's failure to pay specific reimbursement requests under various grant and loan agreements, one count for improper suspension of funding that precipitated work suspension, and one count for breach of the implied duty of good faith and fair dealing. The plaintiff seeks money damages of $205,275,358 for DOT's failure to make required payments, additional damages for costs resulting from work suspension, and pre- and post-judgment interest and costs.

The case was assigned to Judge Richard A. Hertling.

On February 9, 2026, Plaintiff Gateway Development Commission filed a motion for partial summary judgment on Counts I through VI of their complaint. Plaintiff described how their contractual relationship with the United States functioned prior to September 30, 2025, where DOT had consistently paid reimbursement requests within the required 30-day timeframe. This established pattern of performance demonstrated DOT's ability to meet its contractual obligations under normal circumstances before it starting withholding funds from reimbursement requests submitted between August and December 2025, evidenced through exhibits showing GDC's reimbursement submissions during this period. Plaintiffs reiterated several legal arguments in support of their motion, contending that DOT breached the contracts by failing to pay within the required 30-day timeframe. Additionally, they argued that DOT's funding suspension violated both substantive and procedural contract requirements. The agreements only permitted suspension for specific reasons such as breach, default, or noncompliance, and required proper notice and cure periods. Plaintiffs again sought damages equal to the unpaid amounts, totaling $205,275,357.69, supporting their arguments with extensive documentation, including the HTP Grant and Loan Agreements, DOT's September 30, 2025 suspension letter, and the unpaid reimbursement requests from August through December 2025.

The government filed a cross motion for summary judgment under seal on February 27, 2026, with a public version being filed on March 2. Defendants reported that on February 6, 2026, the District Court for the Southern District of New York enjoined DOT from implementing its September 30 suspension of federal disbursements to the Hudson Tunnel Project, in State of New Jersey v. United States Department of Transportation – a case based on the same claims in this matter, filed by the states of New York and New Jersey against the U.S. Department of Transportation. The DOT then processed GDC’s reimbursement requests under the six agreements in the normal course of its payment operations by February 18, 2026. Consequently, the government contended that all of the plaintiffs' claims were now moot, as it had paid the full $205,275,357.69 to plaintiffs.

On March 12, the court issued an opinion under seal granting defendants' cross-motion for summary judgment, based on the claims now being moot – leaving only two counts from plaintiffs' complaint up for adjudication.

This case is ongoing.

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Summary Authors

Jinan Abufarha (2/7/2026)

Maddy Ligon (3/13/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/72224347/parties/gateway-development-commission-v-united-states/

Judge(s)

Hertling, Richard A. (District of Columbia)

Attorney for Plaintiff

Frazee, James Ryan (District of Columbia)

Grewal, Gurbir Singh (District of Columbia)

Ilagan, Samantha Kinsella (District of Columbia)

Katyal, Neal Kumar (District of Columbia)

Attorney for Defendant

Judge(s)

Hertling, Richard A. (District of Columbia)

Attorney for Plaintiff

Frazee, James Ryan (District of Columbia)

Grewal, Gurbir Singh (District of Columbia)

Ilagan, Samantha Kinsella (District of Columbia)

Katyal, Neal Kumar (District of Columbia)

Manaris, Zois (District of Columbia)

Pincus, Andrew John (District of Columbia)

Prairie, John Ryan (District of Columbia)

Sinzdak, Colleen Roh (District of Columbia)

White, Graham (District of Columbia)

Attorney for Defendant

Long, Geoffrey M. (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:26-cv-00176	Complaint	Feb. 2, 2026	Feb. 2, 2026 Complaint
18 1:26-cv-00176	Plaintiff's Motion for Partial Summary Judgment (Counts I-IV)	Feb. 9, 2026	Feb. 9, 2026 Pleading / Motion / Brief
28 1:26-cv-00176	Defendant's Partial Mostion to Dismiss, Reponse to Plaintiff's Motion for Partial Summary Judgment, and Motion for Discovery Pursuant to Rule 56(d)	March 2, 2026	March 2, 2026 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/72224347/gateway-development-commission-v-united-states/

Last updated March 13, 2026, 5:28 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against USA (TRN) (Filing fee $405, Receipt number AUSFCC-11055473) (Copy Served Electronically on Department of Justice on 2/3/2026), filed by GATEWAY DEVELOPMENT COMMISSION. Answer due by 4/6/2026. (Attachments: # 1 Civil Cover Sheet)(vds) Modified on 2/3/2026, to adjust deadline pursuant RCFC 12(a)(1)(A) and RCFC 6(a)(1)(C). (hw1). (Entered: 02/03/2026) 1 Civil Cover Sheet View on RECAP	Feb. 2, 2026	Feb. 2, 2026 Clearinghouse
2	SEALED MOTION to Expedite, filed by GATEWAY DEVELOPMENT COMMISSION. Service: 2/2/2026.Response due by 2/17/2026. (Attachments: # 1 Supplement Memo in Support)(vds) (Entered: 02/03/2026)	Feb. 2, 2026	Feb. 2, 2026
3	REDACTED DOCUMENT redacting 2 Motion to Expedite, filed by GATEWAY DEVELOPMENT COMMISSION. (Attachments: # 1 Supplement Memo in Support) Service: 2/2/2026.(vds) (Entered: 02/03/2026) 1 Supplement Memo in Support View on RECAP	Feb. 2, 2026	Feb. 2, 2026 RECAP
4	SEALEDDECLARATION re 2 MOTION to Expedite by GATEWAY DEVELOPMENT COMMISSION. Service: 2/2/2026.(vds) (Entered: 02/03/2026)	Feb. 2, 2026	Feb. 2, 2026
5	MOTION to Seal Document 4 Declaration, 2 MOTION to Expedite, filed by GATEWAY DEVELOPMENT COMMISSION. Service: 2/2/2026. Response due by 2/17/2026.(vds) (Entered: 02/03/2026)	Feb. 2, 2026	Feb. 2, 2026 RECAP
6	Notice of Random Assignment Pursuant to Rule 40.1(a) to Judge Richard A. Hertling. (vds) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026 RECAP
7	NOTICE of Designation of Electronic Case. (vds) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026 RECAP
8	NOTICE of Appearance by Geoffrey M. Long for USA . (Long, Geoffrey) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026 RECAP
9	ORDER The defendant shall respond to the 2 motion by 2/6/2026. The plaintiff shall file its reply to response by 2/9/2026. Signed by Judge Richard A. Hertling. (agg) Service on parties made. (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026 RECAP
10	MOTION for Leave to File to File Exhibits to the Complaint by Alternative Means, filed by GATEWAY DEVELOPMENT COMMISSION.Response due by 2/17/2026.(Katyal, Neal) (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026 RECAP
11	STATUS CONFERENCE ORDER: Status Conference set for 2/10/2026 10:00 AM in Courtroom 5 before Judge Richard A. Hertling. Signed by Judge Richard A. Hertling. (agg) Service on parties made. (Entered: 02/03/2026)	Feb. 3, 2026	Feb. 3, 2026 RECAP
	Order on Motion to Seal Document	Feb. 3, 2026	Feb. 3, 2026
	Order on Motion for Leave to File	Feb. 3, 2026	Feb. 3, 2026
	ORDER (NON-PDF - Docket Text Order Only) Granting 5 Motion to Seal the 4 Declaration and 2 MOTION to Expedite. Issued by Judge Richard A. Hertling. (agg) Service on parties made.	Feb. 3, 2026	Feb. 3, 2026
	ORDER (NON-PDF - Docket Text Order Only) Granting 10 Motion for Leave to File to File Exhibits to the Complaint by Alternative Means. The plaintiff shall submit a flash drive to the Clerk's Office. Signed by Judge Richard A. Hertling. (agg) Service on parties made.	Feb. 3, 2026	Feb. 3, 2026
12	NOTICE of Appearance by Colleen Roh Sinzdak for GATEWAY DEVELOPMENT COMMISSION . (Roh Sinzdak, Colleen) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
13	NOTICE of Appearance by Gurbir Singh Grewal for GATEWAY DEVELOPMENT COMMISSION . (Grewal, Gurbir) (Entered: 02/04/2026)	Feb. 4, 2026	Feb. 4, 2026
	Set Scheduled Proceeding Hearing Deadline	Feb. 4, 2026	Feb. 4, 2026
	Scheduled Proceeding Hearing Set: Status Conference set for 2/10/2026 10:00 AM in Courtroom 6 before Judge Richard A. Hertling. (py)	Feb. 4, 2026	Feb. 4, 2026
	Flash Drive Received by the Clerks Office re: 2/3/2026 Docket Text Order, (Exhibits). (ac7)	Feb. 4, 2026	Feb. 4, 2026
	Flash drive containing exhibits to the complaint received by the Clerk's Office. Leave to file granted in Order issued on 2/3/2026. (ac7) Modified text on 2/5/2026 (rp).	Feb. 4, 2026	Feb. 4, 2026
14	NOTICE OF FILING Exhibits to Complaint by GATEWAY DEVELOPMENT COMMISSION (Attachments: # 1 Exhibit List to Complaint, # 2 Certificate of Service)(Katyal, Neal) (Entered: 02/05/2026) 1 View on RECAP	Feb. 5, 2026	Feb. 5, 2026
	Portable Storage Disc/Drive or File Share Documents Received	Feb. 5, 2026	Feb. 5, 2026
15	Unopposed MOTION to Seal Document, filed by USA.Response due by 2/20/2026.(Long, Geoffrey) (Entered: 02/06/2026)	Feb. 6, 2026	Feb. 6, 2026 RECAP
	Order on Motion to Seal Document	Feb. 6, 2026	Feb. 6, 2026
	ORDER (NON-PDF - Docket Text Order Only) Granting 15 Motion to seal its forthcoming response to the motion for expedited briefing on partial summary judgment. Issued by Judge Richard A. Hertling. (agg) Service on parties made.	Feb. 6, 2026	Feb. 6, 2026
17	REPLY to Response to Motion re 2 MOTION to Expedite, filed by GATEWAY DEVELOPMENT COMMISSION. (Katyal, Neal) (Entered: 02/09/2026)	Feb. 9, 2026	Feb. 9, 2026 RECAP
18	MOTION for Partial Summary Judgment, filed by GATEWAY DEVELOPMENT COMMISSION.Response due by 2/27/2026. (Attachments: # 1 Declaration of Catherine A. Rinaldi, # 2 [Redacted] Declaration of Patrick J. McCoy)(Katyal, Neal) Modified on 2/11/2026 to correct deadline pursuant to 21 Order (zr). (Entered: 02/09/2026) 1 Declaration of Catherine A. Rinaldi View on RECAP 2 [Redacted] Declaration of Patrick J. McCoy View on RECAP	Feb. 9, 2026	Feb. 9, 2026 Clearinghouse
19	SEALED MOTION for Partial Summary Judgment, filed by GATEWAY DEVELOPMENT COMMISSION.Response due by 2/27/2026. (Attachments: # 1 Declaration of Patrick J. McCoy)(Katyal, Neal) Modified on 2/11/2026 to correct deadline pursuant to 21 Order (zr). (Entered: 02/09/2026)	Feb. 9, 2026	Feb. 9, 2026
20	MOTION to Seal Document 19 MOTION for Partial Summary Judgment, filed by GATEWAY DEVELOPMENT COMMISSION.Response due by 2/23/2026.(Katyal, Neal) (Entered: 02/09/2026)	Feb. 9, 2026	Feb. 9, 2026
21	ORDER granting 2 Motion to Expedite: response due by 2/27/2026. reply due by 3/6/2026. Motion Hearing set for 3/12/2026 09:30 AM before Judge Richard A. Hertling. Signed by Judge Richard A. Hertling. (wm) Service on parties made. (Entered: 02/10/2026)	Feb. 10, 2026	Feb. 10, 2026 RECAP
	Order on Motion to Seal Document	Feb. 10, 2026	Feb. 10, 2026
	ORDER (NON-PDF - Docket Text Order Only) Granting 20 Motion to Seal 19 MOTION for Partial Summary Judgment. Issued by Judge Richard A. Hertling. (agg) Service on parties made.	Feb. 10, 2026	Feb. 10, 2026
	Status Conference	Feb. 10, 2026	Feb. 10, 2026
	Minute Entry - Was the proceeding sealed to the public? No. If Yes, only parties to the case may order a copy of the transcript. Proceeding held in Washington, D.C. 2/10/2026 through 2/10/2026 before Judge Richard A. Hertling: Status Conference. [Total number of days of proceeding: 1]. Official record of proceeding taken via electronic digital recording (EDR). To order a certified transcript or an audio recording of the proceeding, click HERE.(wm)	Feb. 10, 2026	Feb. 10, 2026
	Set Scheduled Proceeding Hearing Deadline	Feb. 11, 2026	Feb. 11, 2026
	Scheduled Proceeding Hearing Set: PROCEEDING SEALED. REPORTER PRESENT. Oral Argument set for 3/12/2026 09:30 AM in Courtroom 6 before Judge Richard A. Hertling. (tb)	Feb. 11, 2026	Feb. 11, 2026
	Scheduled Proceeding Hearing Set: REPORTER PRESENT. Oral Argument set for 3/12/2026 09:30 AM in Courtroom 6 before Judge Richard A. Hertling. (tb) Modified on 3/9/2026 to removed sealed status. (fm).	Feb. 11, 2026	Feb. 11, 2026
22	MOTION to Amend Schedule, and request for expedited resolution of this motion to amend schedule re: 21 Order on Motion to Expedite,, filed by USA.Response due by 3/6/2026.(Long, Geoffrey) (Entered: 02/20/2026)	Feb. 20, 2026	Feb. 20, 2026 RECAP
23	STATUS CONFERENCE ORDER: Status Conference set for 2/24/2026 10:00 AM in Courtroom 5 before Judge Richard A. Hertling. Signed by Judge Richard A. Hertling. (wm) Service on parties made. (Entered: 02/20/2026)	Feb. 20, 2026	Feb. 20, 2026 RECAP
24	RESPONSE to 22 MOTION to Amend Schedule, and request for expedited resolution of this motion to amend schedule re: 21 Order on Motion to Expedite,, filed by GATEWAY DEVELOPMENT COMMISSION.Reply due by 3/2/2026. (Attachments: # 1 Declaration of Patrick J. McCoy in Support)(Katyal, Neal) (Entered: 02/23/2026) 1 Declaration of Patrick J. McCoy in Support View on RECAP	Feb. 23, 2026	Feb. 23, 2026 RECAP
	Set Scheduled Proceeding Hearing Deadline	Feb. 23, 2026	Feb. 23, 2026
	Scheduled Proceeding Hearing Set: Status Conference set for 2/24/2026 10:00 AM in Courtroom 6 before Judge Richard A. Hertling. (tb)	Feb. 23, 2026	Feb. 23, 2026
	Status Conference	Feb. 24, 2026	Feb. 24, 2026
	Minute Entry - Was the proceeding sealed to the public? N. If Yes, only parties to the case may order a copy of the transcript. Proceeding held in Washington, D.C. 2/24/2026 through 2/24/2026 before Judge Richard A. Hertling: Status Conference. [Total number of days of proceeding: 1]. Official record of proceeding taken via electronic digital recording (EDR). To order a certified transcript or an audio recording of the proceeding, click HERE.(wm) Modified on 2/24/2026 to correct docket text(zr).	Feb. 24, 2026	Feb. 24, 2026
	Minute Entry - Was the proceeding sealed to the public? N. If Yes, only parties to the case may order a copy of the transcript. Proceeding held in Washington, D.C. 2/24/2026 through 2/24/2026 before Judge Richard A. Hertling: Status Conference. [Total number of days of proceeding: 1]. Official record of proceeding taken via electronic digital recording (EDR). To order a certified transcript or an audio recording of the proceeding, click HERE.(wm) Modified on 2/24/2026 to change to public. The yes selection regarding sealed was selected in error (zr).	Feb. 24, 2026	Feb. 24, 2026
25	STATUS REPORT, filed by USA. (Long, Geoffrey) (Entered: 02/25/2026)	Feb. 25, 2026	Feb. 25, 2026 RECAP
26	ORDER denying 22 Motion to Amend Schedule. Signed by Judge Richard A. Hertling. (wm) Service on parties made. (Entered: 02/25/2026)	Feb. 25, 2026	Feb. 25, 2026 RECAP
27	SEALEDCROSS MOTION and RESPONSE to 18 Motion for Partial Summary Judgment, filed by GATEWAY DEVELOPMENT COMMISSION, filed by USA.Response due by 3/6/2026. (Attachments: # 1 Ure Declaration, # 2 Williams Declaration)(Long, Geoffrey) Modified on 3/2/2026 to correct deadline (zr). (Entered: 02/27/2026)	Feb. 27, 2026	Feb. 27, 2026
28	REDACTED DOCUMENT redacting 27 Cross Motion [Dispositive],, filed by USA. (Attachments: # 1 Ure Declaration, # 2 Williams Declaration)(Long, Geoffrey) (Entered: 03/02/2026) 1 Ure Declaration View on RECAP 2 Williams Declaration View on RECAP	March 2, 2026	March 2, 2026 Clearinghouse
	Remark (Defective Filing) (Public)	March 2, 2026	March 2, 2026
	Remark: re: 27 CROSS MOTION and RESPONSE to 18 Motion for Partial Summary Judgment, filed by GATEWAY DEVELOPMENT COMMISSION filed by USA. Not granted leave from the court to file sealed document. NOTE: The filing party shall not file a corrected document unless so ordered by the court. (zr)	March 2, 2026	March 2, 2026
29	Notice of Filing Certified Transcript for proceedings held on February 24, 2026 in Washington, D.C. (aoc) (Entered: 03/03/2026)	March 3, 2026	March 3, 2026
30	CERTIFIED TRANSCRIPT of proceedings held on February 24, 2026 before Judge Richard A. Hertling. Total No. of Pages: 1-56. Procedures Re: Electronic Transcripts and Redactions. To order a copy of the transcript, click HERE. Notice of Intent to Redact due 3/10/2026. Redacted Transcript Deadline set for 3/31/2026. Release of Transcript Restriction set for 5/29/2026. (aoc) (Entered: 03/03/2026)	March 3, 2026	March 3, 2026
31	NOTICE of Appearance by James Ryan Frazee for GATEWAY DEVELOPMENT COMMISSION . (Frazee, James) (Entered: 03/06/2026)	March 6, 2026	March 6, 2026
32	NOTICE of Appearance by John Ryan Prairie for GATEWAY DEVELOPMENT COMMISSION . (Prairie, John) (Entered: 03/06/2026)	March 6, 2026	March 6, 2026
33	STRICKEN PURSUANT TO 35 ORDER filed on 3/6/2026. MOTION For Pro Hac Vice participation in Case (Attorney: Graham White. Is attorney admitted to her/his highest state court? Yes. Name of court: District of Columbia Court of Appeals. ), filed by GATEWAY DEVELOPMENT COMMISSION. (Attachments: # 1 Declaration of Graham White in Support)(Prairie, John) (Entered: 03/06/2026)	March 6, 2026	March 6, 2026
34	STRICKEN PURSUANT TO 35 ORDER filed on 3/6/2026. MOTION For Pro Hac Vice participation in Case (Attorney: Andrew Pincus. Is attorney admitted to her/his highest state court? Yes. Name of court: District of Columbia Court of Appeals. ), filed by GATEWAY DEVELOPMENT COMMISSION. (Attachments: # 1 Declaration of Andrew Pincus in Support)(Prairie, John) (Entered: 03/06/2026)	March 6, 2026	March 6, 2026
35	ORDER: the plaintiff did not file its motions seeking admission pro hac vice 33, 34 according to the requirements of RCFC 7.3. Accordingly, the Clerk shall STRIKE both motions. The plaintiff may refile the motions in compliance with RCFC 7.3. Signed by Judge Richard A. Hertling. (wm) Service on parties made. (Entered: 03/06/2026)	March 6, 2026	March 6, 2026 RECAP
36	REPLY to Response to Motion re 18 MOTION for Partial Summary Judgment, 27 CROSS MOTION and RESPONSE to 18 Motion for Partial Summary Judgment, filed by GATEWAY DEVELOPMENT COMMISSION, filed by GATEWAY DEVELOPMENT COMMISSION. (Katyal, Neal) (Entered: 03/06/2026)	March 6, 2026	March 6, 2026
37	MOTION For Pro Hac Vice participation in Case (Attorney: Andrew John Pincus. Is attorney admitted to her/his highest state court? Yes. Name of court: District of Columbia Court of Appeals. ), filed by GATEWAY DEVELOPMENT COMMISSION. (Attachments: # 1 Declaration of Andrew John Pincus in Support)(Prairie, John) (Entered: 03/10/2026)	March 10, 2026	March 10, 2026
38	MOTION For Pro Hac Vice participation in Case (Attorney: Graham Wheeler White. Is attorney admitted to her/his highest state court? Yes. Name of court: District of Columbia Court of Appeals. ), filed by GATEWAY DEVELOPMENT COMMISSION. (Attachments: # 1 Declaration of Graham Wheeler White in Support)(Prairie, John) (Entered: 03/10/2026)	March 10, 2026	March 10, 2026
39	NOTICE of Appearance by Samantha Kinsella Ilagan for GATEWAY DEVELOPMENT COMMISSION . (Ilagan, Samantha) (Entered: 03/10/2026)	March 10, 2026	March 10, 2026
40	NOTICE of Appearance by Zois Manaris for GATEWAY DEVELOPMENT COMMISSION . (Manaris, Zois) (Entered: 03/10/2026)	March 10, 2026	March 10, 2026
41	Unopposed MOTION for a Public Listen Line for Oral Argument re Scheduled Proceeding Hearing Set, filed by GATEWAY DEVELOPMENT COMMISSION.Response due by 3/24/2026.(Katyal, Neal) (Entered: 03/10/2026)	March 10, 2026	March 10, 2026 RECAP
42	NOTICE of Appearance pro hac vice by Andrew John Pincus for GATEWAY DEVELOPMENT COMMISSION . (Filing fee $75, Receipt number AUSFCC-11144270) (Pincus, Andrew) (Entered: 03/10/2026)	March 10, 2026	March 10, 2026
43	ORDER Granting 41 Motion for a public telephonic listen line for the oral argument. Further information regarding remote access to the audio of the proceeding, including connection information, will be circulated only to lead counsel for the plaintiff and to defense counsel. Signed by Judge Richard A. Hertling. (agg) Service on parties made. (Entered: 03/10/2026)	March 10, 2026	March 10, 2026 RECAP
	Order on Motion for Pro Hac Vice Participation in Case	March 10, 2026	March 10, 2026
	Remark - Pro Hac Vice Fee Pay (Public)	March 10, 2026	March 10, 2026
	ORDER (NON-PDF - Docket Text Order Only) Granting 37 Motion for Pro Hac Vice Admission. Andrew John Pincus is admitted pro hac vice in this matter upon payment of the $75.00 admission fee. Issued by Judge Richard A. Hertling. (agg) Service on parties made.	March 10, 2026	March 10, 2026
	ORDER (NON-PDF - Docket Text Order Only) Granting 38 Motion for Pro Hac Vice Admission. Graham Wheeler White is admitted pro hac vice in this matter upon payment of the $75.00 admission fee. Issued by Judge Richard A. Hertling. (agg) Service on parties made.	March 10, 2026	March 10, 2026
	Pursuant to Order on Motion for Pro Hac Vice Participation in Case, Andrew John Pincus shall enter a Notice of Appearance (pro hac vice) and pay the required $75.00 fee. (zr)	March 10, 2026	March 10, 2026
	Pursuant to Order on Motion for Pro Hac Vice Participation in Case, Graham Wheeler White shall enter a Notice of Appearance (pro hac vice) and pay the required $75.00 fee. (zr)	March 10, 2026	March 10, 2026
44	NOTICE of Appearance pro hac vice by Graham White for GATEWAY DEVELOPMENT COMMISSION . (Filing fee $75, Receipt number AUSFCC-11145652) (White, Graham) (Entered: 03/11/2026)	March 11, 2026	March 11, 2026
45	REPLY to Response to Motion re 27 CROSS MOTION and RESPONSE to 18 Motion for Partial Summary Judgment, filed by GATEWAY DEVELOPMENT COMMISSION, filed by USA. (Long, Geoffrey) (Entered: 03/11/2026)	March 11, 2026	March 11, 2026
46	SEALED OPINION as to motion for partial summary judgment 18 and cross-motion for motion for partial dismissal 27 . Signed by Judge Richard A. Hertling. (wm) Copy to parties. (Entered: 03/12/2026)	March 12, 2026	March 12, 2026
47	ORDER granting 27 Cross Motion; denying 18 Motion for Partial Summary Judgment; denying 19 Motion for Partial Summary Judgment.The parties shall file a status report by 4:30 p.m. EDT on 3/12/2026, advising of any proposed redactions to the opinion so that it may be made available to the public. Counts VII and VIII of the complaint 1 remain pending. The parties shall file a joint status report by 3/19/2026, proposing a schedule for further proceedings. The Court will hold an in-person status conference at the National Courts Building, 717 Madison Place NW, Washington, D.C., on 3/24/2026, at 10:00 a.m. EDT Signed by Judge Richard A. Hertling. (wm) Service on parties made. (Entered: 03/12/2026)	March 12, 2026	March 12, 2026 RECAP
48	Status Report	March 12, 2026	March 12, 2026
49	Reported Order (Federal Reporter)	March 12, 2026	March 12, 2026 RECAP
	Minute Entry - Was the proceeding sealed to the public? N. If Yes, only parties to the case may order a copy of the transcript. Proceeding held in Washington, D.C. 3/12/2026 through 3/12/2026 before Judge Richard A. Hertling: Oral Argument. [Total number of days of proceeding: 1]. Official record of proceeding taken by court reporter. To order a certified transcript or an audio recording of the proceeding, click HERE.(wm)	March 12, 2026	March 12, 2026
	Oral Argument	March 12, 2026	March 12, 2026
	Status Conference Order - (NON-PDF - Docket Text Order Only)	March 12, 2026	March 12, 2026
	Set Scheduled Proceeding Hearing Deadline	March 12, 2026	March 12, 2026
	STATUS CONFERENCE ORDER (NON-PDF - Docket Text Order Only): Status Conference set for 3/24/2026 10:00 AM in Courtroom 6 before Judge Richard A. Hertling. Please See 47 for details. Issued by Judge Richard A. Hertling. (agg) Service on parties made.	March 12, 2026	March 12, 2026

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Feb. 2, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Gateway Development Commission, a bi-state entity created by New York and New Jersey to oversee the Gateway Program.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

The United States

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Tucker Act, 28 U.S.C. § 1491

Other Dockets:

U.S. Court of Federal Claims 1:26-cv-00176

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Damages

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Funding

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)

Recommended Citation

Case Summary of Gateway Development Commission v. United States, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/47797/ (last updated 3/13/2026).

Case: Gateway Development Commission v. United States

1:26-cv-00176 | U.S. Court of Federal Claims

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