New York Southern District Court
Judge:Denise L Cote
Case #: 1:25-cv-01237
Nature of Suit899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision
Cause05:702 Administrative Procedure Act
Case Filed:Feb 11, 2025
Last checked: Friday Mar 28, 2025 6:23 AM EDT
Defendant
Acting U.S. DOGE Administrator
736 Jackson Place NW
Washington, DC 20503
Represented By
David E. Farber
Doj-Usao
contact info
Jeffrey Stuart Oestericher
contact info
Defendant
Charles Ezell
Washington, DC 20415
Represented By
David E. Farber
Doj-Usao
contact info
Jeffrey Stuart Oestericher
contact info
Defendant
Elon Musk
Washington, DC 20503
Represented By
David E. Farber
Doj-Usao
contact info
Jeffrey Stuart Oestericher
contact info
Defendant
U.S. DOGE Service
736 Jackson Place NW
Washington, DC 20503
Represented By
David E. Farber
Doj-Usao
contact info
Jeffrey Stuart Oestericher
contact info
Defendant
U.S. DOGE Temporary Service
Represented By
David E. Farber
Doj-Usao
contact info
Jeffrey Stuart Oestericher
contact info
Defendant
U.S. Office of Personnel Management
an agency of the United States 1900 E Street NW
Washington, DC 20415
Represented By
David E. Farber
Doj-Usao
contact info
Jeffrey Stuart Oestericher
contact info
Plaintiff
American Federation of Government Employees, AFL-CIO
80 F Street, NW
Washington, DC 20001
Represented By
Christopher Jon Sprigman
Lex Lumina, LLP
contact info
Subodh Chandra
The Chandra Law Firm, LLC
contact info
Mark Alan Lemley
Lex Lumina LLP
contact info
Mark P McKenna
Lex Lumina PLLC
contact info
Victoria Jane Noble
Electronic Frontier Foundation
contact info
Norman Larry Eisen
State Democracy Defenders Action
contact info
Rhett Owen Millsaps, II
Lex Lumina LLP
contact info
Frank Mario Trujillo
Electronic Frontier Foundation
contact info
Plaintiff
Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO
3003 Purchase Street, #385
Purchase, NY 10577
Represented By
Christopher Jon Sprigman
Lex Lumina, LLP
contact info
Subodh Chandra
The Chandra Law Firm, LLC
contact info
Mark Alan Lemley
Lex Lumina LLP
contact info
Mark P McKenna
Lex Lumina PLLC
contact info
Victoria Jane Noble
Electronic Frontier Foundation
contact info
Rhett Owen Millsaps, II
Lex Lumina LLP
contact info
Plaintiff
Vanessa Barrow
660 Carlyle Ave
Franklin Square, NY 11010
Represented By
Christopher Jon Sprigman
Lex Lumina, LLP
contact info
Subodh Chandra
The Chandra Law Firm, LLC
contact info
Mark Alan Lemley
Lex Lumina LLP
contact info
Mark P McKenna
Lex Lumina PLLC
contact info
Victoria Jane Noble
Electronic Frontier Foundation
contact info
Rhett Owen Millsaps, II
Lex Lumina LLP
contact info
Plaintiff
Does 1-100
Represented By
Subodh Chandra
The Chandra Law Firm, LLC
contact info
Mark Alan Lemley
Lex Lumina LLP
contact info
Mark P McKenna
Lex Lumina PLLC
contact info
Victoria Jane Noble
Electronic Frontier Foundation
contact info
Rhett Owen Millsaps, II
Lex Lumina LLP
contact info
Plaintiff
George Jones
120 Elgar Place
Bronx, NY 10475
Represented By
Christopher Jon Sprigman
Lex Lumina, LLP
contact info
Subodh Chandra
The Chandra Law Firm, LLC
contact info
Mark Alan Lemley
Lex Lumina LLP
contact info
Mark P McKenna
Lex Lumina PLLC
contact info
Rhett Owen Millsaps, II
Lex Lumina LLP
contact info
Plaintiff
Deborah Toussant
8 W. 108th Street
New York, NY 10025
Represented By
Christopher Jon Sprigman
Lex Lumina, LLP
contact info
Subodh Chandra
The Chandra Law Firm, LLC
contact info
Mark Alan Lemley
Lex Lumina LLP
contact info
Mark P McKenna
Lex Lumina PLLC
contact info
Rhett Owen Millsaps, II
Lex Lumina LLP
contact info


Docket last updated: 6 hours ago
Wednesday, April 30, 2025
91 91 2 pgs order Order Wed 04/30 4:09 PM
ORDER: The parties are briefing a preliminary injunction motion. It is hereby ORDERED that the parties shall supply Chambers, at the time their papers are filed, with two courtesy copies by mail or delivery to the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that the parties shall also supply Chambers with two courtesy copies of materials cited in these filings, including in footnotes, with the exception of statutes, regulations, and court decisions. IT IS FURTHER ORDERED that the plaintiffs shall by May 6 supply courtesy copies of the materials that were cited in their April 25 filings and that have not already been provided to Chambers, with the exception of statutes, regulations, and court decisions. (Signed by Judge Denise L. Cote on 4/30/2025) (jwh)
Related: [-]
Monday, April 28, 2025
90 90 2 pgs order Order on Motion for Preliminary Injunction Mon 04/28 1:54 PM
ORDER with respect to83 Motion for Preliminary Injunction. The plaintiffs filed a motion for a preliminary injunction on April 25, 2025. That motion will be fully submitted on May 23. Accordingly, it is hereby ORDERED that a hearing on the plaintiffs' motion for a preliminary injunction will be held on May 29, 2025 at 10:00 a.m. in Courtroom 18B at the United States Courthouse, 500 Pearl Street, New York, New York. IT IS FURTHER ORDERED that by May 27, 2025, the parties shall confer and advise the Court as to whether any witnesses should be present at the hearing to be cross-examined. In the event that witnesses are cross-examined at the hearing, the affidavits submitted in connection with the preliminary injunction motion papers shall constitute their direct testimony. SO ORDERED. (Signed by Judge Denise L. Cote on 4/28/2025) (ar)
Related: [-]
misc Notice to Court Regarding Proposed Order Mon 04/28 11:12 AM
***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 89 Proposed Order was reviewed and approved as to form. (km)
Related: [-]
utility Set/Reset Hearings Mon 04/28 1:55 PM
Set/Reset Hearings: Pre-Motion Conference set for 5/29/2025 at 10:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (ar)
Related: [-]
Friday, April 25, 2025
89 89 misc Proposed Order Fri 04/25 9:57 PM
PROPOSED ORDER. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant. Related Document Number:83 ..(Millsaps, Rhett)
Related: [-]
88 88 respm Declaration in Support of Motion Fri 04/25 9:52 PM
DECLARATION of Bruce Schneier in Support re:83 MOTION for Preliminary Injunction .. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett)
Related: [-]
Att: 1 Exhibit A - CV,
Att: 2 Exhibit B-1 House Oversight Committee report (part 1),
Att: 3 Exhibit B-2 House Oversight Committee report (part 2),
Att: 4 Exhibit B-3 House Oversight Committee report (part 3),
Att: 5 Exhibit B-4 House Oversight Committee report (part 4),
Att: 6 Exhibit B-5 House Oversight Committee report (part 5)
87 87 respm Declaration in Support of Motion Fri 04/25 9:48 PM
DECLARATION of David Nesting in Support re:83 MOTION for Preliminary Injunction .. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett)
Related: [-]
Att: 1 Exhibit A - Resume
86 86 respm Declaration in Support of Motion Fri 04/25 9:46 PM
DECLARATION of Ann Lewis in Support re:83 MOTION for Preliminary Injunction .. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett)
Related: [-]
Att: 1 Exhibit A - Resume
85 85 respm Declaration in Support of Motion Fri 04/25 7:47 PM
DECLARATION of Victoria Noble in Support re:83 MOTION for Preliminary Injunction .. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Noble, Victoria)
Related: [-]
Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E,
Att: 6 Exhibit F,
Att: 7 Exhibit G,
Att: 8 Exhibit H,
Att: 9 Exhibit I,
Att: 10 Exhibit J,
Att: 11 Exhibit K,
Att: 12 Exhibit L,
Att: 13 Exhibit M,
Att: 14 Exhibit N,
Att: 15 Exhibit O,
Att: 16 Exhibit P,
Att: 17 Exhibit Q,
Att: 18 Exhibit R
84 84 30+ pgs respm Memorandum of Law in Support of Motion Fri 04/25 7:01 PM
MEMORANDUM OF LAW in Support re:83 MOTION for Preliminary Injunction . . Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett)
Related: [-]
83 83 motion Preliminary Injunction Fri 04/25 7:00 PM
MOTION for Preliminary Injunction . Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett)
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Thursday, April 24, 2025
82 82 2 pgs order Order on Motion to Seal Fri 04/25 8:54 AM
ORDER granting79 Letter Motion to Seal. Granted. (Signed by Judge Denise L. Cote on 4/24/2025) (rro)
Related: [-]
81 81 order Memo Endorsement ~Util - Set Deadlines Thu 04/24 10:35 AM
MEMO ENDORSEMENT on re:77 Letter, filed by American Federation of Government Employees, AFL-CIO, George Jones, Vanessa Barrow, Deborah Toussant, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Does 1-100. ENDORSEMENT: So ordered. ( Motions due by 4/25/2025., Replies due by 5/23/2025., Responses due by 5/16/2025) (Signed by Judge Denise L. Cote on 4/24/2025) (vfr)
Related: [-]
Wednesday, April 23, 2025
80 80 notice Notice (Other) Wed 04/23 6:56 PM
***SELECTED PARTIES***NOTICE of Unredacted Version of Administrative Record (ECF No. 78-2) re:79 LETTER MOTION to Seal Unredacted Version of Administrative Record addressed to Judge Denise L. Cote from David Farber dated 4/23/2025.. Document filed by U.S. Office of Personnel Management, Elon Musk, Charles Ezell, Acting U.S. DOGE Administrator, U.S. DOGE Service, U.S. DOGE Temporary Service, American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, George Jones, Deborah Toussant. Motion or Order to File Under Seal:79 .(Farber, David)
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79 79 motion Seal Wed 04/23 6:51 PM
LETTER MOTION to Seal Unredacted Version of Administrative Record addressed to Judge Denise L. Cote from David Farber dated 4/23/2025. Document filed by Acting U.S. DOGE Administrator, Charles Ezell, Elon Musk, U.S. DOGE Service, U.S. DOGE Temporary Service, U.S. Office of Personnel Management..(Farber, David)
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78 78 notice Notice (Other) Wed 04/23 6:38 PM
NOTICE of Filing of Administrative Record. Document filed by Acting U.S. DOGE Administrator, Charles Ezell, Elon Musk, U.S. DOGE Service, U.S. DOGE Temporary Service, U.S. Office of Personnel Management..(Farber, David)
Related: [-]
Att: 1 Affidavit - Certification and Index of Administrative Record,
Att: 2 Appendix - Administrative Record - OPM-000001-OPM-000235
77 77 misc Letter Wed 04/23 6:06 PM
LETTER addressed to Judge Denise L. Cote from Rhett O. Millsaps II and David E. Farber dated April 23, 2025 re: joint status letter. Document filed by American Federation of Government Employees, AFL-CIO, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, Vanessa Barrow, Does 1-100, George Jones, Deborah Toussant..(Millsaps, Rhett)
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