Case: City of Salem v. United States of America

City of Salem v. United States of America et al.

Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-10328928 Jury Trial Requested: No. Filed by City of Salem against All Defendants (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons). (Jamin, Olivier) (Entered: 07/08/2026)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Proposed Summons

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Notice of Case Assignment to Judge Mustafa T. Kasubhai and Discovery and Pretrial Scheduling Order. NOTICE: The filing party shall print and serve this Order, the summonses, and all other documents issued by the Clerk at case initiation upon all named parties in accordance with Local Rule 3-5(c). Discovery is to be completed by 11/5/2026. Joint Alternate Dispute Resolution Report is due by 12/7/2026. Pretrial Order is due by 12/7/2026. Ordered by Judge Mustafa T. Kasubhai. (le) (Entered: 07/08/2026)

Summons Issued Electronically as to United States of America. NOTICE: The filing party shall print and serve the summonses and all other documents issued by the Clerk at the time of case initiation upon all named parties in accordance with Local Rule 3-5(c). (le) Modified on 7/17/2026 to correct filing date. (le) NEF Regenerated. (le) (Entered: 07/09/2026)

Summons Issued Electronically as to United States Army Corps of Engineers. NOTICE: The filing party shall print and serve the summonses and all other documents issued by the Clerk at the time of case initiation upon all named parties in accordance with Local Rule 3-5(c). (le) Modified on 7/17/2026 to correct filing date. NEF Regenerated. (le) (Entered: 07/09/2026)

Case Management Order signed on 07/09/2026 by Judge Mustafa T. Kasubhai. (bd) (Entered: 07/09/2026)

Affidavit of Service upon United States of America served on 7/10/2026, answer due on 7/31/2026 Filed by City of Salem. (Jamin, Olivier) (Entered: 07/10/2026)

Affidavit of Service upon United States Army Corps of Engineers served on 7/10/2026, answer due on 7/31/2026 Filed by City of Salem. (Jamin, Olivier) (Entered: 07/10/2026)

Notice of Appearance of Ashley M. Cerritos. Filed by United States Army Corps of Engineers, United States of America. (Cerritos, Ashley) (Entered: 07/16/2026)

Unopposed Motion to Intervene . Lauren Rule,Lauren Rule,Elizabeth Hunter Potter for Northwest Environmental Defense Center,Lauren Rule,Elizabeth Hunter Potter for Native Fish Society. Filed by Northwest Environmental Defense Center, Native Fish Society. (Attachments: # 1 Proposed Document Proposed Answer) (Rule, Lauren) (Entered: 07/30/2026)

1 Proposed Document Proposed Answer

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Declaration of Jennifer Fairbrother . Filed by Native Fish Society, Northwest Environmental Defense Center. (Related document(s): Motion to intervene, 9 .) (Rule, Lauren) (Entered: 07/30/2026)

Declaration of Karl Anuta . Filed by Native Fish Society, Northwest Environmental Defense Center. (Related document(s): Motion to intervene, 9 .) (Rule, Lauren) (Entered: 07/30/2026)

Unopposed Motion to Consolidate . Filed by United States Army Corps of Engineers, United States of America. (Cerritos, Ashley) (Entered: 07/31/2026)

Notice of Case Reassignment: This case has been reassigned from Judge Michael J. McShane to Judge Mustafa T. Kasubhai. Associated Cases: 6:26-cv-00956-MC, 6:26-cv-01381-MTK (cw) (Entered: 08/11/2026)

Notice of Correction by Clerk regarding (26 in 6:26-cv-00956-MTK) Exhibits. A Clerical error has been discovered in the case record: The filing was missing a case caption cover page. The following corrections were made to the record: A corrected PDF has been uploaded to replace the incorrect one. The Notice of Electronic Filing (NEF) will be regenerated to all parties.. Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (cw) (Entered: 08/11/2026)

ORDER by Judge Mustafa T. Kasubhai: Northwest Environmental Defense Center and Native Fish Society's Unopposed Motion to Intervene (ECF No. 9 ) is GRANTED pursuant to Rule 24(a)(2), as the Court finds that the motion is timely, that the proposed Defendant-Intervenors have a significant protectable interest in this action, that the interest may be impaired by the litigation, and that the existing parties do not adequately represent their interests. (bd) (Entered: 08/11/2026)

ORDER by Judge Mustafa T. Kasubhai: Defendants' Unopposed Motion to Consolidate (ECF No. 12 ) is GRANTED pursuant to Rule 42(a). Case number 6:26-cv-00956-MTK is deemed the lead case and is consolidated with trailing case number 6:26-cv-01381-MTK. Counsel shall adhere to Local Rule 42-4 "Document Caption Requirements After Consolidation" when submitting future pleadings in this matter. (bd) (Entered: 08/11/2026)

ORDER by Judge Mustafa T. Kasubhai: The Joint Motion for Status Conference (ECF No. 17 in 6:26-cv-00956-MTK) is GRANTED. These matters are set for a telephonic status conference on August 14, 2026, at 10:00 AM to address next steps following consolidation, including briefing deadlines and hearing scheduling for pending and anticipated motions. The parties are ordered to confer and submit a joint status report providing the parties' proposed briefing and hearing schedule (if agreed) or schedules (if conflicting) by August 13, 2026, at 5:00 PM. (Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK.) (bd) (Entered: 08/11/2026)

SCHEDULING ORDER by Judge Mustafa T. Kasubhai: The Status Conference set for 8/14/2026 is RESET for 8/18/2026 at 09:30AM in Eugene by telephone before Judge Mustafa T. Kasubhai. The conference call information remains as previously provided. The joint status report is now due by August 14, 2026, at 5:00PM. (Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK) (bd) (Entered: 08/11/2026)

Correction of the Record

1 - Scheduling

Order on Motion to Consolidate

Order on Motion to Intervene

Memorandum in Opposition to Motion to Intervene ( 13 in 6:26-cv-00956-MTK). Filed by Marion County.Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Elzinga, Stephen) Modified on 8/14/2026 to fix document link. (bd) (Entered: 08/13/2026)

Declaration of Stephen Elzinga in Support of Plaintiff Marion County's Opposition to Northwest Environmental and Native Fish Society's Motion to Intervene as Defendant-Intervenors. Filed by Marion County. (Related document(s): Memorandum in Opposition( 35 in 6:26-cv-00956-MTK, 19 in 6:26-cv-01381-MTK).) (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5)Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Elzinga, Stephen) Modified on 8/14/2026 to fix document link. (bd) (Entered: 08/13/2026)

Joint Status Report by United States Army Corps of Engineers, United States of America, Daniel P. Driscoll, William H. Graham, Jr, U.S. Army Corps Of Engineers. Filed by United States Army Corps of Engineers, United States of America, Daniel P. Driscoll, William H. Graham, Jr, U.S. Army Corps Of Engineers. Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Cerritos, Ashley) (Entered: 08/14/2026)

Motion to Intervene . Oral Argument requested. Filed by Santiam Water Control District. (Attachments: # 1 Exhibit A, # 2 Exhibit B)Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Sondag, Samantha) (Entered: 08/14/2026)

Declaration of Brent Stevenson . Filed by Santiam Water Control District. (Related document(s): Motion to intervene(22 in 6:26-cv-01381-MTK).) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Sondag, Samantha) (Entered: 08/14/2026)

Corrected Exhibits re Motion to Intervene (22 in 6:26-cv-01381-MTK). Filed by Santiam Water Control District. Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Sondag, Samantha) (Entered: 08/14/2026)

Motion to Intervene . Jennifer L. Gates for City of Stayton,Heather Doherty,Jennifer L. Gates. Filed by City of Stayton. (Attachments: # 1 Proposed Document Proposed Complaint - 6:26-cv-00956, # 2 Proposed Document Proposed Complaint - 6:26-cv-01381, # 3 Attachment Declaration)Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Doherty, Heather) (Entered: 08/14/2026)

1 Proposed Document Proposed Complaint - 6:26-cv-00956

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2 Proposed Document Proposed Complaint - 6:26-cv-01381

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3 Attachment Declaration

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MINUTES of Proceedings: Telephonic Status Conference held before Judge Mustafa T. Kasubhai. Environmental Defense Center and Native Fish Society's Motion to Intervene (ECF No. 13 in 6:26-cv-00956-MTK), Santiam Water Control District's Motion to Intervene (ECF No. 38 in 6:26-cv-00956-MTK; ECF No. 22 in 6:26-cv-01381-MTK), and City of Stayton's Motion to Intervene (ECF No. 41 in 6:26-cv-00956-MTK; ECF No. 25 in 6:26-cv-01381-MTK) are GRANTED pursuant to Rule 24(a)(2), as the Court finds that the motions are timely, that each of the proposed Intervenors have significant protectable interests in this action, that the interests may be impaired by the litigation, and that the existing parties do not adequately represent their interests. Plaintiff City of Salem's Motion for Preliminary Injunction is due 8/21/2026. Plaintiff-Intervenors' Motions to Join Plaintiffs' Motions for Preliminary Injunction (and any supplemental declarations in support) are due 8/26/2026. Defendants' and Defendant-Intervenors' Responses to the Motions for Preliminary Injunction are due 9/18/2026. Plaintiffs' Replies in Support of the Motions for Preliminary Injunction are due 10/2/2026. Oral Argument on the Motions for Preliminary Injunction will take place 10/6/2026 at 9:00AM in Eugene, Oregon Courtroom 1 before Judge Mustafa T. Kasubhai. Defendants' Motion to Dismiss is due 10/15/2026. Plaintiffs' and Plaintiff-Intervenors' Responses to the Motion to Dismiss are due 11/12/2026. Defendants' Reply in Support of their Motion to Dismiss is due 12/3/2026. In response to questions regarding how to appropriately file documents in these consolidated cases, the Court directs the parties to review Local Rule 42-4(b). Stephen Elzinga present as counsel for plaintiff Marion County; Kevin H. Kono and Veronica Muriel Carrioni present as counsel for plaintiff City of Salem; Jennifer Gates present as counsel for intervenor plaintiff City of Stayton; Samantha Sondag present as counsel for intervenor plaintiff Santiam Water Control District; Ashley Cerritos and Mario Alfonso Luna present as counsel for defendant U.S. Army Corps Of Engineers, Daniel P. Driscoll, William H. Graham, Jr. and United States of America; Lauren Rule present as counsel for intervenor defendants Northwest Environmental Defense Center and Native Fish Society. (Court Reporter: Lindsey Weresch.) Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK. (bd) (Entered: 08/18/2026)

Notice of Appearance for Jennifer L. Gates. Filed by City of Stayton.Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Gates, Jennifer) (Entered: 08/18/2026)

Notice of Appearance for Heather C. Doherty. Filed by City of Stayton.Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Gates, Jennifer) (Entered: 08/18/2026)

9CONV - Schedules - Set/Reset/Terminate AND Order on Motion to Intervene AND Order on Motion to Intervene AND Order on Motion to Intervene AND Status Conference

A duplicate payment in the amount of $405.00 was submitted by City of Stayton in the above-referenced case. For information on refund procedures, visit Requesting a Refund of Electronically Paid Fees on the Court's website. Refund Request is Due 8/31/2026. Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (lp) (Entered: 08/20/2026)

Intervenor Complaint . Filed by City of Stayton against United States Army Corps of Engineers. (Gates, Jennifer) (Entered: 08/20/2026)

Intervenor Complaint . Filed by Santiam Water Control District against All Defendants. (Sondag, Samantha) (Entered: 08/20/2026)

Refund Request Due

Corporate Disclosure Statement . Filed by Native Fish Society, Northwest Environmental Defense Center. Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Potter, Elizabeth) (Entered: 08/21/2026)

Motion for Preliminary Injunction . Oral Argument requested.Expedited Hearing requested. Filed by City of Salem. Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Kono, Kevin) Modified on 8/21/2026 to correct event and docket text to match caption. NEF regenerated. (jw) (Entered: 08/21/2026)

Declaration of Jason Pulley . Filed by City of Salem. (Related document(s): Motion for Permanent Injunction, (33 in 6:26-cv-01381-MTK).) (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)Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Kono, Kevin) (Entered: 08/21/2026)

Notice of Appearanceby Mario Alfonso Luna. Filed by Daniel P. Driscoll, William H. Graham, Jr, U.S. Army Corps Of Engineers, United States Army Corps of Engineers, United States of America.Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Luna, Mario) (Entered: 08/26/2026)

Notice of Joinder in Motion for Preliminary Injunction, (51 in 6:26-cv-00956-MTK) Partial Joinder Filed by Marion County.Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Elzinga, Stephen) (Entered: 08/26/2026)

Motion for Joinder in Plaintiffs' Motions for Preliminary Injunction. Filed by Santiam Water Control District.Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Sondag, Samantha) (Entered: 08/26/2026)

Declaration of Brent Stevenson . Filed by Santiam Water Control District. (Related document(s): Motion for Joinder(37 in 6:26-cv-01381-MTK).)Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Sondag, Samantha) (Entered: 08/26/2026)

Declaration of Greg Addington . Filed by Santiam Water Control District. (Related document(s): Motion for Joinder(37 in 6:26-cv-01381-MTK).)Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Sondag, Samantha) (Entered: 08/26/2026)

Motion for Joinder in Marion County's and City of Salem's Motions for Preliminary Injunction. Oral Argument requested. Filed by City of Stayton.Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Gates, Jennifer) (Entered: 08/26/2026)

Declaration of Barry Buchanan In Support of Plaintiff-Intervenor City of Stayton's Joinder in Motions for Preliminary Injunction. Filed by City of Stayton. (Related document(s): Motion for Joinder(40 in 6:26-cv-01381-MTK, 58 in 6:26-cv-00956-MTK).) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Gates, Jennifer) (Entered: 08/26/2026)

Declaration of Julia Hajduk In Support of Intervenor-Plaintiff City of Stayton's Motion for Preliminary Injunction. Filed by City of Stayton. (Related document(s): Motion for Joinder(58 in 6:26-cv-00956-MTK, 40 in 6:26-cv-01381-MTK).) (Attachments: # 1 Exhibit A)Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Gates, Jennifer) (Entered: 08/26/2026)

Declaration of Michael Taylor On Behalf of the City of Sublimity In Support of Intervenor-Plaintiff City of Stayton's Motion for Preliminary Injunction. Filed by City of Stayton. (Related document(s): Motion for Joinder(58 in 6:26-cv-00956-MTK, 40 in 6:26-cv-01381-MTK).)Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Gates, Jennifer) (Entered: 08/26/2026)

Declaration of Lee Loving In Support of Intervenor-Plaintiff City of Stayton's Joinder in Motions for Preliminary Injunction. Filed by City of Stayton. (Related document(s): Motion for Joinder(58 in 6:26-cv-00956-MTK, 40 in 6:26-cv-01381-MTK).)Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Gates, Jennifer) (Entered: 08/26/2026)

Amended Declaration of Brent Stevenson. Filed by Santiam Water Control District. (Related document(s): Motion for Joinder ( 55 in 6:26-cv-00956-MTK, 37 in 6:26-cv-01381-MTK).) Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Sondag, Samantha) Modified on 9/14/2026 to correct document link and update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 08/27/2026)

Unopposed Motion to File Excess Pages For Response to Plaintiffs' Motions For Preliminary Injunction. Filed by United States Army Corps of Engineers, United States of America, Daniel P. Driscoll, William H. Graham, Jr, U.S. Army Corps Of Engineers.Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Cerritos, Ashley) (Entered: 09/17/2026)

ORDER by Judge Mustafa T. Kasubhai GRANTING Unopposed Motion to File Excess Pages For Response to Plaintiffs' Motions For Preliminary Injunction ( 64 in case 6:26-cv-00956-MTK; 46 in case 6:26-cv-01381-MTK). Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK. (bd) (Entered: 09/18/2026)

Response in Opposition to Motion for Preliminary Injunction to Protect Detroit Lake( 18 in 6:26-cv-00956-MTK), Motion for Preliminary Injunction ( 51 in 6:26-cv-00956-MTK, 33 in 6:26-cv-01381-MTK) oral argument requested. Filed by Native Fish Society, Northwest Environmental Defense Center. (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) Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Rule, Lauren) Modified on 9/21/2026 to fix document links and update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 09/18/2026)

Declaration of Kirk Schroeder . Filed by Native Fish Society, Northwest Environmental Defense Center. (Related document(s): Response in Opposition to Motion,,, ( 48 in 6:26-cv-01381-MTK, 66 in 6:26-cv-00956-MTK).) (Attachments: # 1 Exhibit)Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Rule, Lauren) (Entered: 09/18/2026)

Response in Opposition to Motion for Joinder in Marion County's and City of Salem's Motions for Preliminary Injunction ( 58 in 6:26-cv-00956-MTK, 40 in 6:26-cv-01381-MTK), Motion for Preliminary Injunction to Protect Detroit Lake ( 18 in 6:26-cv-00956-MTK), Motion for Joinder in Plaintiffs' Motions for Preliminary Injunction ( 55 in 6:26-cv-00956-MTK, 37 in 6:26-cv-01381-MTK), Motion for Preliminary Injunction ( 51 in 6:26-cv-00956-MTK, 33 in 6:26-cv-01381-MTK). Filed by Daniel P. Driscoll, William H. Graham, Jr, U.S. Army Corps Of Engineers, United States Army Corps of Engineers, United States of America. Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Cerritos, Ashley) Modified on 9/21/2026 to fix document links and update docket text. Notice of Electronic Filing regenerated to the parties. (bd) (Entered: 09/18/2026)

Declaration of Kathryn Tackley in Support of Defendants' Opposition to Plaintiffs' Motions for Preliminary Injunction. Filed by United States Army Corps of Engineers, United States of America, Daniel P. Driscoll, William H. Graham, Jr, U.S. Army Corps Of Engineers. (Related document(s): Response in Opposition to Motion,,, ( 50 in 6:26-cv-01381-MTK, 68 in 6:26-cv-00956-MTK).) Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Cerritos, Ashley) (Entered: 09/18/2026)

Declaration of Greg Taylor in Support of Defendants' Opposition to Plaintiffs' Motions for Preliminary Injunction. Filed by Daniel P. Driscoll, William H. Graham, Jr, U.S. Army Corps Of Engineers, United States of America. (Related document(s): Response in Opposition to Motion,,, ( 68 in 6:26-cv-00956-MTK, 50 in 6:26-cv-01381-MTK).) Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK (Cerritos, Ashley) (Entered: 09/18/2026)

Order on Motion to File Excess Pages

Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Daniel Lewis-Foote Quinley. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10419574. Filed by City of Salem. (Quinley, Daniel) (Entered: 09/21/2026)

Clerks Review of Pro Hac Vice Motion

Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Daniel Lewis-Foote Quinley. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-10419574 53 : Reviewed and Ready for Ruling. (le)

ORDER by Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice 53 requested by attorney Daniel Lewis-Foote Quinley. (bd) (Entered: 09/23/2026)

Leave to Appear Pro Hac Vice

ORDER by Judge Mustafa T. Kasubhai: Pursuant to its informal discovery process, the Court is in receipt of emails dated 9/21/2026 and 9/22/2026 from Plaintiff Marion County and Federal Defendants regarding a discovery dispute. The Court stays any discovery until at least the time of oral argument on 10/6/2026. At that hearing, in addition to hearing argument on the Motions for Preliminary Injunction, the Court will take up argument on whether production of the administrative record is warranted in advance of Defendants' anticipated motion to dismiss, and whether and when any additional discovery is appropriate beyond the administrative record. Associated Cases: 6:26-cv-00956-MTK, 6:26-cv-01381-MTK. (bd) (Entered: 09/24/2026)

Order