Case: Common Cause v. Department of Homeland Security

1:26-cv-08882 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 7, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a lawsuit challenging the use of federal tax dollars to fund political campaign ads featuring President Trump and supporting Republican candidates.    On October 7, 2026, Common Cause, an Alabama Democratic Party nominee, Service Employees International Union Local 32BJ, and Empire State 32 BJ SEIU PAC filed a complaint in the U.S. District Court for the Southern District of New York. They sued the Department of Homeland Security (DHS), the Office of Management and Budget (OMB), the Exe…

This is a lawsuit challenging the use of federal tax dollars to fund political campaign ads featuring President Trump and supporting Republican candidates.   

On October 7, 2026, Common Cause, an Alabama Democratic Party nominee, Service Employees International Union Local 32BJ, and Empire State 32 BJ SEIU PAC filed a complaint in the U.S. District Court for the Southern District of New York. They sued the Department of Homeland Security (DHS), the Office of Management and Budget (OMB), the Executive Office of the President, and their respective heads in their official capacities.

Public records indicate that, for fiscal year 2026, the Trump Administration set aside $500,000 of the U.S. Customs and Border Protection (CBP) budget for commemorative events honoring law enforcement agents killed in the line of duty. Per the complaint, on September 19, 2026, OMB adjusted the CBP’s apportionment for commemorative events at the request of the White House, increasing it by $20 million. The very next day, DHS signed a $20 million contract with LMD, the advertising agency that produced and distributed the Administration’s advertisements.

Days later, ads began to run across the country. The ads prominently depicted President Trump, touted the Trump Administration's claimed accomplishments, and advocated for policy goals. One ad was identical to a prior Trump campaign ad; aside from the disclaimer — instead of stating it was paid for by the campaign, it read, "Paid for by the U.S. Government.” Other ads ran in markets with key upcoming midterm elections; in them, President Trump urged Americans to "pretend I'm on the ballot" and vote Republican.

Following public backlash, President Trump defended the expenditure, calling the use of taxpayer money for ads "standard" and "nothing new," but said he would use funds from MAGA, Inc., the super PAC he openly described as under his control. A White House spokesperson made clear that the Administration would not recoup the $20 million in taxpayer funds but confirmed that “moving forward” President Trump would pay for the ads. After this announcement, the ads continued to run. 

Plaintiffs allege that the Administration violated the Administrative Procedure Act (APA) because using taxpayer money to fund the Administration's political advertisements was unlawful and constituted excessive agency action. Plaintiffs further allege that the Administration violated the Equal Protection Clause by using taxpayer-funded advertisements to favor Republican candidates over Democratic ones.

On October 11, 2026, the District Court granted Plaintiffs’ motion for an emergency temporary restraining order, finding a substantial likelihood of success on the merits for Plaintiffs' APA claims. 2026 WL 3043900. The District Court also found the advertisements’ potential effects on the midterm elections constituted imminent or irreparable harm. 

The case is ongoing.

Summary Authors

Ike Start (10/13/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/74934579/parties/common-cause-v-department-of-homeland-security/


Documents in the Clearinghouse

Documents in this case
1

1:26-cv-08882

Complaint

Oct. 7, 2026

Oct. 7, 2026

Complaint
41

1:26-cv-08882

Order

Oct. 11, 2026

Oct. 11, 2026

Order/Opinion

2026 WL 3041134

42

1:26-cv-08882

Opinion and Order

Oct. 12, 2026

Oct. 12, 2026

Order/Opinion

2026 WL 3043900

43

1:26-cv-08882

[Untitled]

Oct. 12, 2026

Oct. 12, 2026

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/74934579/common-cause-v-department-of-homeland-security/

Last updated Oct. 29, 2026, 3:16 a.m.

Docket for: Common Cause v. Department of Homeland Security
ECF Number Date Description Link
1 Oct. 7, 2026

COMPLAINT against Department of Homeland Security, Executive Office of the President, Markwayne Mullin, Office of Management and Budget, Russell Vought, Susie Wiles. (Filing Fee $ 405.00, Receipt Number ANYSDC-33576515)Document filed by Service Employees International Union Local 32BJ, Robert Hunter, Common Cause, Empire State 32BJ SEIU PAC..(Goldstein, Elena) (Entered: 10/07/2026)

Clearinghouse
2 Oct. 7, 2026

CIVIL COVER SHEET filed..(Goldstein, Elena) (Entered: 10/07/2026)

RECAP
3 Oct. 7, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: 1 Complaint,. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Goldstein, Elena) (Entered: 10/07/2026)

RECAP
4 Oct. 7, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Markwayne Mullin, Secretary of the Department of Homeland Security, in his official capacity, re: 1 Complaint,. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Goldstein, Elena) (Entered: 10/07/2026)

RECAP
5 Oct. 7, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Office of Management and Budget, re: 1 Complaint,. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Goldstein, Elena) (Entered: 10/07/2026)

RECAP
6 Oct. 7, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Russell Vought, Director of the Office of Management and Budget, in his official capacity, re: 1 Complaint,. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Goldstein, Elena) (Entered: 10/07/2026)

RECAP
7 Oct. 7, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Executive Office of the President, re: 1 Complaint,. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Goldstein, Elena) (Entered: 10/07/2026)

RECAP
8 Oct. 7, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Susie Wiles, White House Chief of Staff, in her official capacity, re: 1 Complaint,. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Goldstein, Elena) (Entered: 10/07/2026)

RECAP
9 Oct. 7, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security; Markwayne Mullin; Office of Management and Budget; Russell Vought; Executive Office of the President; Susie Wiles (c/o United States Attorney's Office, Southern District of New York), re: 1 Complaint,. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Goldstein, Elena) (Entered: 10/07/2026)

RECAP
10 Oct. 7, 2026

REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security; Markwayne Mullin; Office of Management and Budget; Russell Vought; Executive Office of the President; Susie Wiles (c/o Todd Blanche, United States Attorney General), re: 1 Complaint,. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Goldstein, Elena) (Entered: 10/07/2026)

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11 Oct. 7, 2026

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Common Cause..(Goldstein, Elena) (Entered: 10/07/2026)

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12 Oct. 7, 2026

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Empire State 32BJ SEIU PAC..(Goldstein, Elena) (Entered: 10/07/2026)

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13 Oct. 7, 2026

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Service Employees International Union Local 32BJ..(Goldstein, Elena) (Entered: 10/07/2026)

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14 Oct. 8, 2026

ELECTRONIC SUMMONS ISSUED as to Department of Homeland Security. (sj) (Entered: 10/08/2026)

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15 Oct. 8, 2026

ELECTRONIC SUMMONS ISSUED as to Markwayne Mullin. (sj) (Entered: 10/08/2026)

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16 Oct. 8, 2026

ELECTRONIC SUMMONS ISSUED as to Office of Management and Budget. (sj) (Entered: 10/08/2026)

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17 Oct. 8, 2026

ELECTRONIC SUMMONS ISSUED as to Russell Vought. (sj) (Entered: 10/08/2026)

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18 Oct. 8, 2026

ELECTRONIC SUMMONS ISSUED as to Executive Office of the President. (sj) (Entered: 10/08/2026)

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19 Oct. 8, 2026

ELECTRONIC SUMMONS ISSUED as to Susie Wiles..(sj) (Entered: 10/08/2026)

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20 Oct. 8, 2026

ELECTRONIC SUMMONS ISSUED as to Department of Homeland Security. (sj) (Entered: 10/08/2026)

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21 Oct. 8, 2026

ELECTRONIC SUMMONS ISSUED as to Department of Homeland Security. (sj) (Entered: 10/08/2026)

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22 Oct. 8, 2026

NOTICE of Intent to seek a Temporary Restraining Order and a stay under Section 705 of the Administrative Procedure Act. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Goldstein, Elena) (Entered: 10/08/2026)

RECAP
23 Oct. 8, 2026

NOTICE OF INITIAL PRETRIAL CONFERENCE : Initial Conference set for 1/12/2027 at 03:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 10/8/2026) (jca) (Entered: 10/08/2026)

RECAP
24 Oct. 8, 2026

ORDER. The Court received, after 5:00 p.m. on October 8, 2026, Plaintiffs' motion for a temporary restraining order and Section 705 stay. Counsel for all parties shall appear for a conference to discuss the motion and scheduling on October 9, 2026, at 10:30 a.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. (Signed by Judge Jennifer L. Rochon on 10/8/2026) (aba)

RECAP
25 Oct. 8, 2026

EMERGENCY MOTION for Temporary Restraining Order ., MOTION to Stay Under 5 U.S.C. 705. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Goldstein, Elena) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) (Entered: 10/08/2026)

RECAP
26 Oct. 8, 2026

MEMORANDUM OF LAW in Support re: 25 EMERGENCY MOTION for Temporary Restraining Order . MOTION to Stay Under 5 U.S.C. 705. . Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. (Attachments: # 1 Exhibit Hunter Declaration, # 2 Exhibit Banks Declaration, # 3 Exhibit Tall Declaration, # 4 Exhibit Ward-Packard Declaration).(Goldstein, Elena) (Entered: 10/08/2026)

1 Exhibit Hunter Declaration

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2 Exhibit Banks Declaration

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3 Exhibit Tall Declaration

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4 Exhibit Ward-Packard Declaration

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Clearinghouse
27 Oct. 8, 2026

PROPOSED ORDER. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. Related Document Number: 25 ..(Goldstein, Elena) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 10/08/2026)

RECAP
28 Oct. 8, 2026

NOTICE OF APPEARANCE by Brendan Rae Schneiderman on behalf of Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Schneiderman, Brendan) (Entered: 10/08/2026)

RECAP
Oct. 8, 2026

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Elena Stacy Goldstein. The party information for the following party/parties has been modified: Markwayne Mullin, Russell Vought, Susie Wiles. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj)

Oct. 8, 2026

Notice to Attorney Regarding Party Modification

Oct. 8, 2026

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj)

Oct. 8, 2026

Case Opening Initial Assignment Notice

Oct. 8, 2026

Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c), Fed. R. Civ. P. 73(b)(1), and Local Civil Rule 73.1, parties are notified that they may, with the approval of the assigned District Judge, consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj)

Oct. 8, 2026

Case Designation

Oct. 8, 2026

Case Designated ECF. (sj)

Oct. 8, 2026

Case Designated ECF

29 Oct. 9, 2026

MOTION for Renata O'Donnell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33586682. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. (Attachments: # 1 Affidavit of Renata O'Donnell, # 2 Exhibit 1 - Certificate of Good Standing, # 3 Exhibit 2 - Certificate of Good Standing, # 4 Exhibit 3 - Certificate of Good Standing, # 5 Exhibit 4 - Certificate of Good Standing, # 6 Proposed Order Proposed Order).(O'Donnell, Renata) (Entered: 10/09/2026)

1 Affidavit of Renata O'Donnell

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2 Exhibit 1 - Certificate of Good Standing

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3 Exhibit 2 - Certificate of Good Standing

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4 Exhibit 3 - Certificate of Good Standing

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5 Exhibit 4 - Certificate of Good Standing

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6 Proposed Order Proposed Order

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RECAP
30 Oct. 9, 2026

NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of Department of Homeland Security, Executive Office of the President, Markwayne Mullin, Office of Management and Budget, Russell Vought, Susie Wiles..(Oestericher, Jeffrey) (Entered: 10/09/2026)

RECAP
31 Oct. 9, 2026

FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Sejal Jhaveri to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. (Attachments: # 1 Affidavit of Sejal Jhaveri, # 2 Exhibit 1 - Certificate of Good Standing, # 3 Exhibit 2 - Certificate of Good Standing, # 4 Proposed Order Proposed Order).(Jhaveri, Sejal) Modified on 10/9/2026 (sar). (Entered: 10/09/2026)

1 Affidavit of Sejal Jhaveri

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2 Exhibit 1 - Certificate of Good Standing

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3 Exhibit 2 - Certificate of Good Standing

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4 Proposed Order Proposed Order

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RECAP
32 Oct. 9, 2026

ORDER granting 29 Motion to Appear Pro Hac Vice. The motion of practice pro hac vice in the above captioned action is granted. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 29.. (Signed by Judge Jennifer L. Rochon on 10/9/2026) (jca) Transmission to Attorney Services/Help Desk. (Entered: 10/09/2026)

RECAP
33 Oct. 9, 2026

ORDER. As discussed during today's conference, the Defendants shall respond to Plaintiffs' motion for a temporary restraining order and Section 705 stay by October 10, 2026. Plaintiffs shall file their reply by 1:00 p.m. on October 11, 2026. Because there may be difficulties with the ECF system this weekend due to maintenance, the parties shall email copies of all submissions to Chambers and opposing counsel in addition to electronically filing. The parties shall also simultaneously email copies of all public submissions to media_inquiries@nysd.uscourts.gov and any members of the public or press may request copies. Counsel for all parties shall appear for a conference to discuss the motion on October 13, 2026, at 2:00 p.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. (Motion Hearing set for 10/13/2026 at 02:00 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon.), (Replies due by 10/11/2026, Responses due by 10/10/2026). (Signed by Judge Jennifer L. Rochon on 10/9/26) (aba) (Entered: 10/09/2026)

RECAP
34 Oct. 9, 2026

MOTION for Bradley Girard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33590840. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. (Attachments: # 1 Affidavit of Bradley Girard, # 2 Exhibit DC COGS, # 3 Exhibit MD COGS, # 4 Exhibit NY COGS, # 5 Proposed Order Proposed Order).(Girard, Bradley) (Entered: 10/09/2026)

1 Affidavit of Bradley Girard

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2 Exhibit DC COGS

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3 Exhibit MD COGS

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4 Exhibit NY COGS

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5 Proposed Order Proposed Order

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RECAP
35 Oct. 9, 2026

SUMMONS RETURNED EXECUTED. All Defendants. Service was accepted by Ostrich Gordon, Civil Clerk. Document filed by Service Employees International Union Local 32BJ, Robert Hunter, Common Cause, Empire State 32BJ SEIU PAC..(Goldstein, Elena) (Entered: 10/09/2026)

RECAP
36 Oct. 9, 2026

MOTION for Sean Ouellette to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33591483. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. (Attachments: # 1 Affidavit of Sean Ouellette, # 2 Exhibit DC COGS, # 3 Exhibit MA COGS, # 4 Proposed Order Proposed Order).(Ouellette, Sean) (Entered: 10/09/2026)

1 Affidavit of Sean Ouellette

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2 Exhibit DC COGS

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3 Exhibit MA COGS

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4 Proposed Order Proposed Order

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RECAP
Oct. 9, 2026

Notice to Court Regarding Proposed Order

Oct. 9, 2026

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 27 Proposed Order was reviewed and approved as to form. (km)

Oct. 9, 2026

Notice Regarding Deficient Motion to Appear Pro Hac Vice

Oct. 9, 2026

Notice Regarding Deficient Motion to Appear Pro Hac vice

Oct. 9, 2026

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 29 MOTION for Renata O'Donnell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33586682. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

Oct. 9, 2026

Motion Hearing

Oct. 9, 2026

Notice Regarding Pro Hac Vice Motion

Oct. 9, 2026

>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. The filing is deficient for the following reason(s): the filing fee was not paid. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (sar)

Oct. 9, 2026

Minute Entry for proceedings held before Judge Jennifer L. Rochon: Motion Hearing held on 10/9/2026 re: 25 EMERGENCY MOTION for Temporary Restraining Order. MOTION to Stay Under 5 U.S.C. 705 filed by Empire State 32BJ SEIU PAC, Robert Hunter, Common Cause, Service Employees International Union Local 32BJ. (aba)

Oct. 9, 2026

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 34 MOTION for Bradley Girard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33590840. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

Oct. 9, 2026

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 36 MOTION for Sean Ouellette to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33591483. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc)

37 Oct. 10, 2026

MEMORANDUM OF LAW in Opposition re: 25 EMERGENCY MOTION for Temporary Restraining Order . MOTION to Stay Under 5 U.S.C. 705. . Document filed by Department of Homeland Security, Executive Office of the President, Russell Vought, Susie Wiles..(Oestericher, Jeffrey) (Entered: 10/10/2026)

RECAP
38 Oct. 10, 2026

DECLARATION of Holly C. Mehringer in Opposition re: 25 EMERGENCY MOTION for Temporary Restraining Order . MOTION to Stay Under 5 U.S.C. 705.. Document filed by Department of Homeland Security, Executive Office of the President, Markwayne Mullin, Office of Management and Budget, Russell Vought, Susie Wiles..(Oestericher, Jeffrey) (Entered: 10/10/2026)

RECAP
39 Oct. 10, 2026

DECLARATION of William C. Woolf in Opposition re: 25 EMERGENCY MOTION for Temporary Restraining Order . MOTION to Stay Under 5 U.S.C. 705.. Document filed by Department of Homeland Security, Executive Office of the President, Markwayne Mullin, Office of Management and Budget, Russell Vought, Susie Wiles..(Oestericher, Jeffrey) (Entered: 10/10/2026)

RECAP
40 Oct. 11, 2026

REPLY MEMORANDUM OF LAW in Support re: 25 EMERGENCY MOTION for Temporary Restraining Order . MOTION to Stay Under 5 U.S.C. 705. . Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Girard, Bradley) (Entered: 10/11/2026)

RECAP
41 Oct. 11, 2026

ORDER granting 25 Motion for TRO; granting 25 Motion to Stay. ORDERED that under 5 U.S.C. § 705, the purchase order entered into on or about September 20, 2026 between Customs Border Protection ("CBP") and Lepugh, Inc., doing b usiness as LMD Agency, Inc., ("LMD") ("September 20, 2026 purchase order") is stayed, including all future payments made thereunder; it is further ORDERED that under 5 U.S.C. § 705, the Office of Management and Budgets (" ;OMB") apportionment of $20 million to fund the development, creation, and/or airing of the advertisements covered by the September 20, 2026 purchase order, including but not limited to The Country He Loves, Celebrating the Enduring Spirit, Final Battle, To the Great Proud People of Iran, and Maduro (collectively "the challenged advertisements") is stayed; it is further ORDERED that Defendants are enjoined from using, disbursing, or transferring funds appropriated to the Depa rtment of Homeland Security ("DHS") to develop, create, disseminate, place, distribute, publish, or air the challenged advertisements; and it is further ORDERED that Defendants shall cancel or cause to be cancelled any slot, placement, rese rvation, or arrangement for the airing or dissemination of the challenged advertisements, including those placements for the evening of October 11, 2026; ORDERED that Defendants shall not enter into, renew, or expand any agreement authorizing the dev elopment, creation, dissemination, placement, or airing of the challenged advertisements; and it is further ORDERED that the foregoing instructions bind Defendants' officers, agents, employees, contractors, and anyone acting in concert with them . See Fed. R. Civ. P. 65(d)(2). ORDERED that Defendants shall immediately provide a copy of this order to LMD, under Federal Rule of Civil Procedure 65(d)(2)(C), and that LMD, as a contractor that is in active concert and participation with De fendants, is enjoined from continuing to run or place the challenged advertisements; and it is further ORDERED that Defendants will file a status report within 24 hours of the entry of this temporary restraining order and Section 705 stay, confirming compliance with this Order; and it is further ORDERED that this Order shall remain in effect until 14 days from today, subject to an extension of this Court; and it is further ORDERED that, in the Court's discretion, Plaintiffs shall not be req uired to post a bond. This Order shall be effective as of 6:45 p.m. on October 11, 2026 and the Clerk of Court is respectfully requested to close the motion at Dkt. 25. The Court will reschedule the October 13, 2026 conference to discuss next steps in this matter. (Signed by Judge Jennifer L. Rochon on 10/11/26) (aba) Modified on 10/11/2026 (aba).

Clearinghouse
42 Oct. 12, 2026

OPINION AND ORDER. In sum, the Court rejects Defendants' arguments that the motion for injunctive relief is moot and that the Moving Plaintiffs lack standing. The Moving Plaintiffs have demonstrated a clear and substantial likelihood of success on the merits of their APA claims concerning Section 1301 and Section 718 (which Defendants do not contest), a strong showing of imminent and irreparable harm, and that the balance of equities and public interest support a temporary restraining order. Therefore, the Court grants the Moving Plaintiffs' motion for a temporary restraining order and stay, as stated in its October 11, 2026 Order. Dkt. 41. (Signed by Judge Jennifer L. Rochon on 10/12/2026) (aba)

Clearinghouse
43 Oct. 12, 2026

NOTICE of factual developments related to compliance. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. (Attachments: # 1 Exhibit Ex. A Washington Post Story, # 2 Exhibit Ex. B 2nd Ward-Packard Dec.).(Girard, Bradley) (Entered: 10/12/2026)

1 Exhibit Ex. A Washington Post Story

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2 Exhibit Ex. B 2nd Ward-Packard Dec.

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Clearinghouse
44 Oct. 12, 2026

STATUS REPORT. Document filed by Department of Homeland Security, Executive Office of the President, Markwayne Mullin, Office of Management and Budget, Russell Vought, Susie Wiles..(Oestericher, Jeffrey) (Entered: 10/12/2026)

RECAP
45 Oct. 13, 2026

ORDER. The parties are hereby ORDERED to appear at a conference to discuss this and next steps in this action on October 14, 2026 at 10:00 AM in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. Defendants shall be prepared to address the information in Plaintiffs' submission. (Case Management Conference set for 10/14/2026 at 10:00 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon). (Signed by Judge Jennifer L. Rochon on 10/13/26) (aba) (Entered: 10/13/2026)

RECAP
46 Oct. 13, 2026

ORDER FOR ADMISSION PRO HAC VICE granting 36 Motion for Sean Ouellette to Appear Pro Hac Vice. (Signed by Judge Jennifer L. Rochon on 10/13/2026) (kgo) (Entered: 10/13/2026)

RECAP
47 Oct. 13, 2026

ORDER FOR ADMISSION PRO HAC VICE granting 34 Motion for Bradley Girard to Appear Pro Hac Vice. (Signed by Judge Jennifer L. Rochon on 10/13/2026) (kgo) (Entered: 10/13/2026)

RECAP
48 Oct. 14, 2026

NOTICE of Letter to Court. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ..(Ouellette, Sean) (Entered: 10/14/2026)

RECAP
49 Oct. 14, 2026

MOTION for Anashua Dutta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33605024. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. (Attachments: # 1 Affidavit of Anashua Dutta, # 2 Exhibit DC COGS, # 3 Proposed Order Proposed Order).(Dutta, Anashua) (Entered: 10/14/2026)

1 Affidavit of Anashua Dutta

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2 Exhibit DC COGS

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3 Proposed Order Proposed Order

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RECAP
50 Oct. 14, 2026

MOTION for Robin F. Thurston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33605371. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. (Attachments: # 1 Affidavit of Robin F. Thurston, # 2 Exhibit DC COGS, # 3 Proposed Order Proposed Order).(Thurston, Robin) (Entered: 10/14/2026)

1 Affidavit of Robin F. Thurston

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2 Exhibit DC COGS

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3 Proposed Order Proposed Order

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51 Oct. 14, 2026

MOTION for Paul R.Q. Wolfson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33605551. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. (Attachments: # 1 Affidavit of Paul R.Q. Wolfson, # 2 Exhibit DC COGS, # 3 Proposed Order Proposed Order).(Wolfson, Paul) (Entered: 10/14/2026)

1 Affidavit of Paul R.Q. Wolfson

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2 Exhibit DC COGS

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3 Proposed Order Proposed Order

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52 Oct. 14, 2026

MOTION for Brent Ferguson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33605562. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. (Attachments: # 1 Affidavit of Brent Ferguson, # 2 Exhibit 1 - Certificate of Good Standing, # 3 Exhibit 2 - Certificate of Good Standing, # 4 Proposed Order Proposed Order).(Ferguson, Robert) (Entered: 10/14/2026)

1 Affidavit of Brent Ferguson

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2 Exhibit 1 - Certificate of Good Standing

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3 Exhibit 2 - Certificate of Good Standing

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4 Proposed Order Proposed Order

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53 Oct. 14, 2026

ORDER: As discussed during todays conference, the Court will permit Plaintiffs limited expedited discovery in connection with their preliminary injunction motion. Plaintiffs shall serve their discovery requests by today, October 14, 2026. Defendants shall respond to Plaintiffs discovery requests by October 19, 2026. Plaintiffs shall file their motion for a preliminary injunction by October 22, 2026. Defendants shall file their opposition to the preliminary injunction by October 27, 2026. Plaintiffs shall file their reply by October 29, 2026.Counsel for all parties shall appear for a preliminary injunction hearing on November 4, 2026, at 11:30 a.m. in Courtroom 20B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York, 10007. Pursuant to Federal Rule of Civil Procedure 65(b)(2), the Court will extend its October 11, 2026 Order granting the temporary restraining order and stay for 14 additional days, until November 8, 2026. The Court finds good cause exists for the extension for the reasons stated on the record during the October 14, 2026 conference, as well as the reasons provided in the Courts October 11, 2026 Order, Dkt. 41, and October 12, 2026 Opinion in support of its Order, Dkt. 42.By October 15, 2026, as discussed during the October 14, 2026 conference, Defendants shall provide the Court with one or more declarations and/or other evidence that explains why challenged advertisements were aired on October 12, 2026 given the contrary representations made by counsel and in paragraph 8 of the Mehringer Declaration, dated October 10, 2026, Dkt. 38.Finally, the Initial Pretrial Conference scheduled for January 12, 2027 is cancelled and rescheduled for November 24, 2026 at 11:30 am. The parties shall otherwise comply with the Courts Order at Dkt. 23. SO ORDERED. ( Motions due by 10/22/2026., Responses due by 10/27/2026, Replies due by 10/29/2026., Default Hearing set for 11/4/2026 at 11:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon., Initial Conference set for 11/24/2026 at 11:30 AM before Judge Jennifer L. Rochon.) (Signed by Judge Jennifer L. Rochon on 10/14/2026) (jca) (Entered: 10/14/2026)

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54 Oct. 14, 2026

ORDER FOR ADMISSION PRO HAC VICE granting 51 Motion to Appear Pro Hac Vice. The motion of Paul R.Q. Wolfson for admission to practice Pro Hac Vice in the above captioned action is granted. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 51.. (Signed by Judge Jennifer L. Rochon on 10/14/2026) (jca) (Entered: 10/14/2026)

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55 Oct. 14, 2026

ORDER FOR ADMISSION PRO HAC VICE granting 50 Motion to Appear Pro Hac. The motion of Robin F. Thurston for admission to practice Pro Hac Vice in the above captioned action is granted. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 50.. (Signed by Judge Jennifer L. Rochon on 10/14/2026) (jca) (Entered: 10/14/2026)

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56 Oct. 14, 2026

ORDER granting 52 Motion to Appear Pro Hac Vice. The motion of practice pro hac vice in the above captioned action is granted. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 52.. (Signed by Judge Jennifer L. Rochon on 10/14/2026) (jca) (Entered: 10/14/2026)

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57 Oct. 14, 2026

ORDER FOR ADMISSION PRO HAC VICE granting 49 Motion to Appear Pro Hac Vice. The motion of Anashua Dutta for admission to practice Pro Hac Vice in the above captionedaction is granted. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 49.. (Signed by Judge Jennifer L. Rochon on 10/14/2026) (jca) (Entered: 10/14/2026)

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Oct. 14, 2026

Case Management Conference

Oct. 14, 2026

Notice Regarding Pro Hac Vice Motion

Oct. 14, 2026

Transmission to Attorney Services/Help Desk

Oct. 14, 2026

Minute Entry for proceedings held before Judge Jennifer L. Rochon: Case Management Conference held on 10/14/2026. (aba)

Oct. 14, 2026

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 49 MOTION for Anashua Dutta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33605024. Motion and supporting papers to be reviewed by Clerk's Office staff. (sar)

Oct. 14, 2026

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 50 MOTION for Robin F. Thurston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33605371. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sar)

Oct. 14, 2026

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 51 MOTION for Paul R.Q. Wolfson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33605551. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sar)

Oct. 14, 2026

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 52 MOTION for Brent Ferguson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33605562. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sar)

Oct. 14, 2026

Transmission to Attorney Services/Help Desk. Transmitted re: 55 Order on Motion to Appear Pro Hac Vice, 57 Order on Motion to Appear Pro Hac Vice, 56 Order on Motion to Appear Pro Hac Vice, 54 Order on Motion to Appear Pro Hac Vice,, to Attorney Services/Help Desk for case processing..(jca)

58 Oct. 15, 2026

MOTION for Michael J. Gaffney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33615748. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. (Attachments: # 1 Affidavit of Michael J. Gaffney, # 2 Exhibit DC COGS, # 3 Exhibit OR COGS, # 4 Proposed Order Proposed Order).(Gaffney, Michael) (Entered: 10/15/2026)

1 Affidavit of Michael J. Gaffney

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2 Exhibit DC COGS

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3 Exhibit OR COGS

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4 Proposed Order Proposed Order

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59 Oct. 15, 2026

LETTER addressed to Judge Jennifer L. Rochon from AUSA Jeffrey Oestericher dated 10/15/2026 re: Airing of Advertisements on Monday, October 12, 2026. Document filed by Department of Homeland Security, Executive Office of the President, Markwayne Mullin, Office of Management and Budget, Russell Vought, Susie Wiles. (Attachments: # 1 Exhibit Declaration of Holly C. Mehringer, dated October 15, 2026).(Oestericher, Jeffrey) (Entered: 10/15/2026)

1 Exhibit Declaration of Holly C. Mehringer, dated October 15, 2026

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60 Oct. 15, 2026

TRANSCRIPT of Proceedings re: CONFERENCE held on 10/14/2026 before Judge Jennifer L. Rochon. Court Reporter/Transcriber: Martha Martin, (212) 805-0300. 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. Redaction Request due 11/5/2026. Redacted Transcript Deadline set for 11/16/2026. Release of Transcript Restriction set for 1/13/2027..(Moya, Goretti) (Entered: 10/15/2026)

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61 Oct. 15, 2026

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 10/14/26 has been filed by the court reporter/transcriber in the above-captioned matter. The 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....(Moya, Goretti) (Entered: 10/15/2026)

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Oct. 15, 2026

Notice Regarding Pro Hac Vice Motion

Oct. 15, 2026

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 58 MOTION for Michael J. Gaffney to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33615748. Motion and supporting papers to be reviewed by Clerk's Office staff.The document has been reviewed and there are no deficiencies. (sar)

62 Oct. 19, 2026

MOTION for Samuel T. Ward-Packard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33633677. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Common Cause, Empire State 32BJ SEIU PAC, Robert Hunter, Service Employees International Union Local 32BJ. (Attachments: # 1 Affidavit of Samuel T. Ward-Packard, # 2 Exhibit DC COGS, # 3 Exhibit WI COGS, # 4 Proposed Order Proposed Order).(Ward-Packard, Samuel) (Entered: 10/19/2026)

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63 Oct. 19, 2026

CONSENT LETTER MOTION for Extension of Time to Complete Discovery and Extension of Time to Submit Plaintiffs' Motion for a Preliminary Injunction addressed to Judge Jennifer L. Rochon from AUSA Jeffrey Oestericher dated 10/19/2026. Document filed by Department of Homeland Security, Executive Office of the President, Markwayne Mullin, Office of Management and Budget, Russell Vought, Susie Wiles..(Oestericher, Jeffrey) (Entered: 10/19/2026)

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64 Oct. 20, 2026

ORDER granting 63 Letter Motion for Extension of Time to Complete Discovery. Defendants' request is GRANTED. Defendants shall respond to Plaintiffs' interrogatories and requests to admit by October 20, 2026. Plaintiffs' shall file their motion for a preliminary injunction by October 23, 2026. The remaining deadlines previously set by the Court remain unchanged. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 63. SO ORDERED. Motions due by 10/23/2026.. (Signed by Judge Jennifer L. Rochon on 10/20/2026) (jca) (Entered: 10/20/2026)

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65 Oct. 20, 2026

ORDER FOR ADMISSION PRO HAC VICE granting 58 Motion to Appear Pro Hac Vice. The motion of Michael J. Gaffney for admission to practice Pro Hac Vice in the above captioned action is granted. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 58.. (Signed by Judge Jennifer L. Rochon on 10/20/2026) (jca) Transmission to Attorney Services/Help Desk. (Entered: 10/20/2026)

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66 Oct. 20, 2026

ORDER FOR ADMISSION PRO HAC VICE granting 62 Motion to Appear Pro Hac Vice. The motion of Samuel T. Ward-Packard for admission to practice Pro Hac Vice in the above captioned action is granted. The Clerk of Court is respectfully directed to terminate the motion at Dkt. 62.. (Signed by Judge Jennifer L. Rochon on 10/20/2026) (jca) Transmission to Attorney Services/Help Desk. (Entered: 10/20/2026)

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Oct. 20, 2026

Notice Regarding Pro Hac Vice Motion

Oct. 20, 2026

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 62 MOTION for Samuel T. Ward-Packard to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-33633677. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (sar)

67 Oct. 21, 2026

SUMMONS RETURNED EXECUTED. Service was made by Mail. Document filed by Robert Hunter, Service Employees International Union Local 32BJ, Empire State 32BJ SEIU PAC, Common Cause..(Goldstein, Elena) (Entered: 10/21/2026)

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68 Oct. 21, 2026

SUMMONS RETURNED EXECUTED. Service was made by Mail. Document filed by Common Cause, Robert Hunter, Empire State 32BJ SEIU PAC, Service Employees International Union Local 32BJ..(Goldstein, Elena) (Entered: 10/21/2026)

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Case Details

State / Territory:

New York

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: Oct. 7, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Coalition consisting of a democracy watchdog, a political candidate, a labor union, and a PAC.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Executive Office of the President

U.S. Department of Homeland Security

U.S. Office of Management and Budget

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Constitutional Clause(s):

Equal Protection

Other Dockets:

Southern District of New York 1:26-cv-08882

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Stay of government action

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Funding

Recommended Citation