Case: Rogoff v. Trump

2:26-cv-02566 | U.S. District Court for the Western District of Washington

Filed Date: July 21, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the President's removal of a court-appointed U.S. Attorney less than one hour after he was sworn in. The U.S. Attorney position for the Western District of Washington had been vacant since June 2023, and no President had nominated anyone to fill the vacancy. After a series of interim appointments, the statutory time limits for Executive Branch interim appointments expired. On July 15, 2026, the U.S. District Court for the Western District of Washington exercised its authori…

This case challenged the President's removal of a court-appointed U.S. Attorney less than one hour after he was sworn in.

The U.S. Attorney position for the Western District of Washington had been vacant since June 2023, and no President had nominated anyone to fill the vacancy. After a series of interim appointments, the statutory time limits for Executive Branch interim appointments expired. On July 15, 2026, the U.S. District Court for the Western District of Washington exercised its authority under 28 U.S.C § 546(d), which allows a district court to name a U.S. Attorney once the Attorney General's 120-day interim appointment has lapsed, and provides that the court-appointed U.S. Attorney serves until the vacancy is filled by a Senate-confirmed nominee. Less than one hour after he was sworn in, the President removed him.

On July 21, 2026, the removed court-appointed United States Attorney filed this individual lawsuit in the U.S. District Court for the Western District of Washington against the President, the Executive Office of the President, the Acting Attorney General, and the Department of Justice. Represented by HKM Employment Attorneys LLP and Munger, Tolles & Olson LLP, the plaintiff alleged that the firing violated the plain text of § 546(d) and that it violated the Appointments Clause by nullifying Congress's decision to vest interim appointments in the courts. The plaintiff requested a declaration that the firing was unlawful and void, a declaration that the firing violated his statutory right to occupy the office, and an injunction prohibiting defendants from effectuating the firing, and costs and attorney fees under the Equal Access to Justice Act.

This case was assigned to District Judge Ricardo S. Martinez.

On July 21, 2026, the plaintiff, a court-appointed U.S. Attorney for the Western District of Washington, filed a motion for preliminary injunction that requested to invalidate his purported removal by the President and restore him to office until a Senate-confirmed successor was appointed. He argued that the removal violated 28 U.S.C. § 546(d) and the Appointments Clause, and that he was likely to succeed on the merits, as the statute permits court-appointed U.S. Attorneys to serve until a Senate-confirmed replacement is installed. Further, the plaintiff claimed that without injunctive relief, he would suffer irreparable harm, including the impairment of his statutory duties and disruption to the U.S. Attorney's Office. The motion further asserted that the balance of equities and public interest favored an injunction, as the removal undermined separation of powers and the administration of justice in the district.

On July 22, 2026, Judge Ricardo S. Martinez recused himself, and the case was transferred to Judge Stanley A. Bastian, the sole regular visiting judge, citing a designation order issued by the U.S. Court of Appeals for the Ninth Circuit.

On July 28, 2026, the defendants contested this reassignment and argued that the recused judge had improperly influenced the process by selecting the visiting judge rather than referring the case to the Ninth Circuit's Chief Judge for an independent reassignment. The defendants maintained that this deviation from standard procedure undermined the impartiality of the reassignment process and warranted intervention by the appellate court. The defendants requested that the case be referred to the Chief Judge of the Ninth Circuit for reassignment to a judge independent of both the recused judge and the district's regular visiting judges. In the alternative, they sought the recusal of the visiting judge currently assigned to the matter. 

On July 30, 2026, the plaintiff filed a Statement of non-opposition to defendants' suggestion of reassignment or recusal. The plaintiff's statement explicitly declined to oppose either the reassignment or recusal request, deferring entirely to the court's determination regarding the appropriate administrative mechanism for reassignment. 

The same day, the court denied the defendants' motion for recusal or reassignment. The court rejected the defendants' arguments, finding no legal or factual basis to support the claims and reaffirmed its impartiality and commitment to administering justice fairly, and emphasized that no conflict of interest or appearance of impropriety existed. 2026 WL 2283448. 

On August 11, 2026, the defendants filed a response in opposition to the motion for preliminary injunction seeking reinstatement as a court-appointed U.S. Attorney after his removal by the President. They argued that the plaintiff could not satisfy the legal standard for injunctive relief, as he failed to demonstrate a likelihood of success on the merits, irreparable harm, or that the balance of equities and public interest favored his position. The defendants contended that the President possessed both statutory authority under 28 U.S.C. § 541(c) and constitutional authority under Article II to remove U.S. Attorneys at will, while the plaintiff's interpretation of 28 U.S.C. § 546(d) was misplaced. They further asserted that the plaintiff's removal did not constitute irreparable harm and that reinstatement would impose greater harm on the government. If the court granted injunctive relief, the defendants requested that it be stayed pending appeal or accompanied by a 14-day administrative stay and a bond.

On August 18, 2026, the plaintiff filed a reply in support of a motion for a preliminary injunction to block his removal from office by the President and Attorney General. He argued that 28 U.S.C. § 546(d) barred his termination, citing the statute's text, legislative history, and Ninth Circuit precedent, while also contending that the removal violated the Appointments Clause by undermining Congress's authority to vest appointment power in the courts. The plaintiff further asserted that irreparable harm would result from his removal, as the loss of statutory authority could not be remedied by damages, and that the balance of equities and public interest favored injunctive relief. 

On September 22, 2026, the court heard the plaintiff's motion for preliminary injunction. On October 1, 2026, the court granted the preliminary injunction. The court held that the President lacked authority to remove a U.S. Attorney appointed by a federal district court under 28 U.S.C. § 546(d), as the statutory framework vests appointment—and by extension, tenure—solely in the judiciary when the Attorney General’s 120-day interim appointment period expires. The court found Plaintiff demonstrated a likelihood of success on the merits, irreparable harm absent relief, and that the balance of equities and public interest favored injunctive relief. The order restored Plaintiff to his position as the lawful U.S. Attorney and barred Defendants from treating any other individual as holding the office. The preliminary injunction remains in effect until the vacancy is filled by a Senate-confirmed successor. 

The same day, the defendant filed an interlocutory appeal to the U.S. Court of Appeals for the Ninth Circuit (26-6445). In the appellate court, the defendant filed a motion to stay lower court proceedings. On October 4 2026, the Ninth Circuit granted the defendants motion to stay pending appeal. The court noted that the administrative stay “is only intended to preserve the status quo until the substantive motion for a stay pending appeal can be considered on the merits, and does not constitute in any way a decision as to the merits” of the appeal. 

This case is ongoing. 

Summary Authors

Haleigh Knowles (8/31/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73647676/parties/rogoff-v-trump/


Attorney for Plaintiff

Aminirad, Shannon G. (Washington)

Attorney, Donald Beaton

Attorney for Defendant

Attorney, Daniel Aguilar,

Attorney, Mr. David

Expert/Monitor/Master/Other

Bailey, John P (Washington)

Documents in the Clearinghouse

Documents in this case
1

2:26-cv-02566

Complaint for Declaratory and Injunctive Relief

Rogoff v. Trump et al.

July 21, 2026

July 21, 2026

Complaint
19

2:26-cv-02566

Order Denying Motion for Reassignment or Recusal

Rogoff v. Trump et al.

July 30, 2026

July 30, 2026

Order/Opinion

2026 WL 2283448

44

2:26-cv-02566

Order Granting Motion for Preliminary Injunction

Oct. 1, 2026

Oct. 1, 2026

Order/Opinion

2026 WL 2963533

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73647676/rogoff-v-trump/

Last updated Nov. 12, 2026, 3:21 a.m.

Docket for: Rogoff v. Trump
ECF Number Date Description Link
1 July 21, 2026

COMPLAINT for Declaratory and Injunctive Relief against All Defendants (Receipt # AWAWDC-9843897) Attorney Jason A Rittereiser added to party Roger Rogoff(pty:pla) filed by Roger Rogoff. (Attachments: # 1 Civil Cover Sheet with Attachment, # 2 Summons Proposed Summons w Attachment, # 3 Summons Proposed Summons w Attachment, # 4 Summons Proposed Summons w Attachment, # 5 Summons Proposed Summons w Attachment)(Rittereiser, Jason) (Entered: 07/21/2026)

1 Civil Cover Sheet with Attachment

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2 Summons Proposed Summons w Attachment

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3 Summons Proposed Summons w Attachment

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4 Summons Proposed Summons w Attachment

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5 Summons Proposed Summons w Attachment

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2 July 21, 2026

APPLICATION OF ATTORNEY Shannon Aminirad FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9844059 (Rittereiser, Jason) (Entered: 07/21/2026)

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3 July 21, 2026

APPLICATION OF ATTORNEY Hailyn Chen FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9844086 (Rittereiser, Jason) (Entered: 07/21/2026)

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4 July 21, 2026

APPLICATION OF ATTORNEY Victoria A. Degtyareva FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9844119 (Rittereiser, Jason) (Entered: 07/21/2026)

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5 July 21, 2026

APPLICATION OF ATTORNEY Connor Hoge FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9844149 (Rittereiser, Jason) (Entered: 07/21/2026)

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6 July 21, 2026

APPLICATION OF ATTORNEY Cynthia Long FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9844170 (Rittereiser, Jason) (Entered: 07/21/2026)

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7 July 21, 2026

APPLICATION OF ATTORNEY Donald B. Verrilli, Jr. FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9844185 (Rittereiser, Jason) (Entered: 07/21/2026)

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8 July 21, 2026

MOTION for Preliminary Injunction, filed by Plaintiff Roger Rogoff. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 8/18/2026, (Rittereiser, Jason) (Entered: 07/21/2026)

1 Proposed Order

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9 July 21, 2026

ORDER re 2 3 4 5 6 7 Applications for Leave to Appear Pro Hac Vice: The Court ADMITS Attorneys Shannon G. Aminirad, Hailyn J Chen, Victoria A. Degtyareva, Connor Hoge, Cynthia Long, Donald B Verrilli, Jr for Plaintiff Roger Rogoff, by Clerk Joshua C. Lewis. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(PS) (Entered: 07/21/2026)

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10 July 21, 2026

DECLARATION of Hailyn J. Chen filed by Plaintiff Roger Rogoff re 8 MOTION for Preliminary Injunction (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, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Rittereiser, Jason) (Entered: 07/21/2026)

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21 Exhibit 21

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11 July 21, 2026

DECLARATION of Noelle Smith filed by Plaintiff Roger Rogoff re 8 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Rittereiser, Jason) (Entered: 07/21/2026)

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5 Exhibit 5

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12 July 21, 2026

DECLARATION of Roger Rogoff filed by Plaintiff Roger Rogoff re 8 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Rittereiser, Jason) (Entered: 07/21/2026)

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July 21, 2026

Order on Application for Leave to Appear Pro Hac Vice

13 July 22, 2026

Summons(es) Electronically Issued as to all Defendants. (MIH) (Entered: 07/22/2026)

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14 July 22, 2026

MINUTE ORDER. The following MINUTE ORDER is made by direction of the Court, the Honorable Ricardo S. Martinez, United States District Judge: The Honorable Ricardo S. Martinez recuses himself and the case is hereby transferred to a judge from outside this district consistent with the Ninth Circuit's December 10, 2025, General Designation of a District Judge for Service in Another District Within the Ninth District. See 28 U.S.C. § 292(b). (CB) (Entered: 07/22/2026)

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15 July 22, 2026

AFFIDAVIT of Service of Summons and Complaint on U.S. Department of Justice on 7/22/2026, filed by Plaintiff Roger Rogoff. (Rittereiser, Jason) (Entered: 07/22/2026)

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July 22, 2026

Add and Terminate Judges

July 22, 2026

Judge Ricardo S. Martinez added. (ELS)

July 22, 2026

2 - Minute Order

July 22, 2026

Judge Stanley A. Bastian added. Judge Ricardo S. Martinez no longer assigned to case, per 14 Minute Order (ELS)

July 22, 2026

Judge Stanley A. Bastian added. Judge Ricardo S. Martinez no longer assigned to case, per 14 Minute Order (ELS) (See 2:26-mc-00002 to view the Ninth Circuit's December 10, 2025, Order Designating the Honorable Stanley A. Bastian for Service in the Western District of Washington.)

16 July 28, 2026

NOTICE of Appearance by attorney Brian C Kipnis on behalf of Defendants Todd Blanche, Executive Office of the President, Donald J Trump, United States Department of Justice. (Kipnis, Brian) (Entered: 07/28/2026)

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17 July 28, 2026

MOTION for Recusal or Reassignment by Ninth Circuit Order, filed by All Defendants. (Attachments: # 1 Proposed Order) Noting Date 8/18/2026, (Kipnis, Brian) (Entered: 07/28/2026)

1 Proposed Order

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18 July 30, 2026

RESPONSE, by Plaintiff Roger Rogoff, to 17 MOTION for Recusal or Reassignment by Ninth Circuit Order. (Rittereiser, Jason) (Entered: 07/30/2026)

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19 July 30, 2026

ORDER denying Defendants' 17 Motion for Recusal or Reassignment by Ninth Circuit Order. Signed by Judge Stanley A. Bastian.(CJS) (Entered: 07/30/2026)

Clearinghouse
20 Aug. 11, 2026

RESPONSE, by Defendants Todd Blanche, Executive Office of the President, Donald J Trump, United States Department of Justice, to 8 MOTION for Preliminary Injunction . (Kipnis, Brian) (Entered: 08/11/2026)

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21 Aug. 17, 2026

Unopposed MOTION for Leave to File Brief Amicus Curiae, filed by Amicus New Civil Liberties Alliance. (Attachments: # 1 Exhibit Proposed Amicus Brief of NCLA, # 2 Proposed Order) Noting Date 8/17/2026, (Mitchell, Jonathan) (Entered: 08/17/2026)

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22 Aug. 17, 2026

NOTICE of Appearance by attorney Jonathan F Mitchell on behalf of Amicus New Civil Liberties Alliance. (Mitchell, Jonathan) (Entered: 08/17/2026)

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23 Aug. 18, 2026

MOTION for Leave to File Brief as Amci Curiae, filed by Amicus Former United States as Amici Curiae. (Attachments: # 1 Proposed Order, # 2 Brief of Former United States Attorneys as Amici Curiae) Noting Date 8/18/2026, (Burman, David) (Entered: 08/18/2026)

1 Proposed Order

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2 Brief of Former United States Attorneys as Amici Curiae

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24 Aug. 18, 2026

NOTICE of Appearance by attorney David J. Burman on behalf of Amicus Former United States as Amici Curiae. (Burman, David) (Entered: 08/18/2026)

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25 Aug. 18, 2026

APPLICATION OF ATTORNEY Abigail Frisch Vice FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Former United States as Amici Curiae (Fee Paid) Receipt No. AWAWDC-9914208 (Hawley, Jonathan) (Entered: 08/18/2026)

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26 Aug. 18, 2026

APPLICATION OF ATTORNEY Diamond J. Brown FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Former United States as Amici Curiae (Fee Paid) Receipt No. AWAWDC-9914212 (Hawley, Jonathan) (Entered: 08/18/2026)

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27 Aug. 18, 2026

APPLICATION OF ATTORNEY Norman L. Eisen FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Former United States as Amici Curiae (Fee Paid) Receipt No. AWAWDC-9914216 (Hawley, Jonathan) (Entered: 08/18/2026)

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28 Aug. 18, 2026

APPLICATION OF ATTORNEY Stephen A. Jonas FOR LEAVE TO APPEAR PRO HAC VICE for Amicus Former United States as Amici Curiae (Fee Paid) Receipt No. AWAWDC-9914217 (Hawley, Jonathan) (Entered: 08/18/2026)

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29 Aug. 18, 2026

APPLICATION OF ATTORNEY Esthena Barlow FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Roger Rogoff (Fee Paid) Receipt No. AWAWDC-9914245 (Rittereiser, Jason) (Entered: 08/18/2026)

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30 Aug. 18, 2026

REPLY, filed by Plaintiff Roger Rogoff, TO RESPONSE to 8 MOTION for Preliminary Injunction (Rittereiser, Jason) (Entered: 08/18/2026)

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31 Aug. 19, 2026

ORDER re 29 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Esthena Barlow for Plaintiff Roger Rogoff, by Clerk Joshua C. Lewis. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 08/19/2026)

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32 Aug. 19, 2026

ORDER re 25 Application for Leave to Appear Pro Hac Vice, 27 Application for Leave to Appear Pro Hac Vice, 28 Application for Leave to Appear Pro Hac Vice, 26 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorneys Abigail Frisch Vice, Diamond Brown, Norman Larry Eisen, and Stephen Allen Jonas for Former United States as Amici Curiae, by Clerk Joshua C. Lewis. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(HH) (Entered: 08/19/2026)

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Aug. 19, 2026

Order on Application for Leave to Appear Pro Hac Vice

33 Aug. 21, 2026

ORDER granting The New Civil Liberties Alliance's 21 Motion for Leave to File Brief Amicus Curiae and granting The Former United States Attorneys' 23 Unopposed Motion for Leave to File Brief as Amici Curiae. Signed by Judge Stanley A. Bastian. (APH) (Entered: 08/21/2026)

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34 Aug. 24, 2026

NOTICE of Supplemental Authority re 8 MOTION for Preliminary Injunction by Plaintiff Roger Rogoff (Attachments: # 1 Exhibit A)(Rittereiser, Jason) (Entered: 08/24/2026)

1 Exhibit A

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35 Aug. 31, 2026

ORDER SETTING HEARING ON PRELIMINARY INJUNCTION. A hearing on Plaintiff's Motion for Preliminary Injunction, ECF No. 8, is set for 9/22/2026, at 10:00 a.m., in Seattle, Washington. Signed by Judge Stanley A. Bastian. (APH) (Entered: 08/31/2026)

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36 Sept. 2, 2026

MOTION to Continue Hearing on Motion for Preliminary Injunction, filed by Plaintiff Roger Rogoff. (Attachments: # 1 Proposed Order Granting Plaintiff's Motion to Continue) Noting Date 9/2/2026, (Rittereiser, Jason) (Entered: 09/02/2026)

1 Proposed Order Granting Plaintiff's Motion to Continue

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37 Sept. 2, 2026

DECLARATION of Jason A. Rittereiser filed by Plaintiff Roger Rogoff re 36 MOTION to Continue Hearing on Motion for Preliminary Injunction (Rittereiser, Jason) (Entered: 09/02/2026)

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38 Sept. 8, 2026

ORDER granting Plaintiff's 36 Motion to Continue Hearing on Motion for Preliminary Injunction. The hearing as to 8 MOTION for Preliminary Injunction is continued to 10/1/2026 at 10:00 AM in Seattle, Washington. Signed by Judge Stanley A. Bastian.(CJS) (Entered: 09/08/2026)

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39 Sept. 9, 2026

NOTICE of Appearance by attorney Joshua Ha on behalf of Defendants Todd Blanche, Executive Office of the President, Donald J Trump, United States Department of Justice. (Ha, Joshua) (Entered: 09/09/2026)

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40 Sept. 10, 2026

NOTICE of Request for Video Recording of Motion for Preliminary Injunction hearing on 10/1/2026 at 10:00 AM before Stanley A. Bastian. Parties must submit a PARTY OBJECTION TO REQUEST FOR VIDEO RECORDING before 9/17/2026. Please Note: This form must not be filed electronically with the Court. (ELS) (Entered: 09/10/2026)

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41 Sept. 21, 2026

NOTIFICATION REGARDING PROPOSED VIDEO RECORDING. No parties have objected to the video recording of the Motion for Preliminary Injunction hearing on 10/1/2026 at 10:00 AM. Unless otherwise ordered by the presiding judge, the proceeding will be video recorded as part of the CAMERAS Pilot Project. (ELS) (Entered: 09/21/2026)

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Sept. 21, 2026

Notice of Consent - No Consent re Video Recording

42 Sept. 28, 2026

Unopposed MOTION FOR ORDER TAKING JUDICIAL NOTICE, filed by Defendants Todd Blanche, Executive Office of the President, Donald J Trump, United States Department of Justice. (Attachments: # 1 Proposed Order, # 2 Exhibit A, # 3 Exhibit B) Noting Date 9/28/2026, (Kipnis, Brian) (Entered: 09/28/2026)

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43 Sept. 29, 2026

NOTICE of Appearance by attorney Henry Charles Whitaker on behalf of Defendants Todd Blanche, Executive Office of the President, Donald J Trump, United States Department of Justice. (Whitaker, Henry) (Entered: 09/29/2026)

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44 Oct. 1, 2026

ORDER granting Plaintiff's 8 Motion for Preliminary Injunction. Defendants' Unopposed Motion for Order Taking Judicial Notice, ECF No. 42, is GRANTED. Signed by Judge Stanley A. Bastian. (APH) (Entered: 10/01/2026)

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45 Oct. 1, 2026

NOTICE OF Interlocutory APPEAL to Ninth Circuit (26-6445) re 44 Order on Motion for Miscellaneous Relief, Order on Motion for Preliminary Injunction by Defendants Todd Blanche, Executive Office of the President, Donald J Trump, United States Department of Justice. No fee required- US Government Party (cc: USCA) (Ha, Joshua) Modified on 10/1/2026 to add CCA#. (RE). (Entered: 10/01/2026)

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46 Oct. 1, 2026

TIME SCHEDULE ORDER/USCA CASE NUMBER (26-6445) as to 45 Notice of Appeal, filed by Executive Office of the President, Donald J Trump, United States Department of Justice, Todd Blanche. (RE) (Entered: 10/01/2026)

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48 Oct. 1, 2026

MINUTE ORDER 8 MOTION for Preliminary Injunction . Authorized by Judge Stanley A. Bastian. (ALZ) (Entered: 10/05/2026)

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47 Oct. 4, 2026

ORDER OF USCA (26-6445) as to 45 Notice of Appeal, filed by Executive Office of the President, Donald J Trump, United States Department of Justice, Todd Blanche. The court has received the government's emergency motion for stay pending appeal. Dkt. No. 9. The request for an administrative stay is GRANTED. The court's administrative stay "is only intended to preserve the status quo until the substantive motion for a stay pending appeal can be considered on the merits, and does not constitute in any way a decision as to the merits" of the appeal. See Doe #1 v. Trump, 944 F.3d 1222, 1223 (9th Cir. 2019). (RE) (Entered: 10/05/2026)

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49 Oct. 5, 2026

ORDER OF USCA (26-6445) as to 45 Notice of Appeal, filed by Executive Office of the President, Donald J Trump, United States Department of Justice, Todd Blanche. The court has received Appellants' emergency motion for stay pending appeal. Dkt. No. 9. We granted Appellants' request for an administrative stay. Dkt. No. 11. Appellee does not oppose the stay pending appeal. Dkt. No. 12. Accordingly, the administrative stay remains in place pending further order.The briefing schedule for this appeal will proceed as follows: appellants' opening brief is due October 9, 2026, and appellee's answering brief is due October 16, 2026. The optional reply may be filed by October 21, 2026. The panel will hold a remote hearing by Zoom on October 23, 2026, at 10:00 AM PDT. (RE) (Entered: 10/05/2026)

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50 Oct. 6, 2026

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 10/1/2026 before Judge Stanley Bastian.Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov.To purchase a copy of the transcript, contact court reporter Debbie Zurn, debbie_zurn@wawd.uscourts.gov, 206-370-8504. Release of Transcript Restriction set for 1/4/2027, (DZ) (Entered: 10/06/2026)

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51 Nov. 5, 2026

Notice of Withdrawal of Counsel

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Case Details

State / Territory:

Washington

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 21, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Court- appointed U.S. Attorney

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Acting Attorney General of the United States

Executive Office of the President

President Donald J. Trump

U.S. Department of Justice

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Appointments Clause

Due Process: Procedural Due Process

Separation of Powers

Other Dockets:

Western District of Washington 2:26-cv-02566

U.S. Court of Appeals for the Ninth Circuit 26-06445

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Attorneys fees

Damages

Declaratory judgment

Injunction

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Presidential/Gubernatorial Authority:

Appointment Authority

Recommended Citation