New York Southern District Court | |
Judge: | Denise L Cote |
Case #: | 1:25-cv-01237 |
Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
Cause | 05:702 Administrative Procedure Act |
Case Filed: | Feb 11, 2025 |
Last checked: Wednesday Feb 12, 2025 2:22 AM EST |
ADR Provider
Acting U.S. DOGE Administrator
736 Jackson Place NW
Washington, DC 20503 |
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ADR Provider
American Federation of Government Employees, AFL-CIO
80 F Street, NW
Washington, DC 20001 |
Represented By
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ADR Provider
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
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ADR Provider
Vanessa Barrow
660 Carlyle Ave
Franklin Square, NY 11010 |
Represented By
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ADR Provider
Charles Ezell
Acting Director of the Office of Personnel Management 1900 E Street NW
Washington, DC 20415 |
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ADR Provider
George Jones
120 Elgar Place
Bronx, NY 10475 |
Represented By
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ADR Provider
Elon Musk
Director of the U.S. DOGE Temporary Service 736 Jackson Place NW
Washington, DC 20503 |
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ADR Provider
Deborah Toussant
8 W. 108th Street
New York, NY 10025 |
Represented By
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ADR Provider
U.S. DOGE Service
736 Jackson Place NW
Washington, DC 20503 |
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ADR Provider
U.S. DOGE Service Temporary Organization
736 Jackson Place NW
Washington, DC 20503 |
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ADR Provider
U.S. Office of Personnel Management
1900 E Street NW
Washington, DC 20415 |
Docket last updated: 3 hours ago |
Friday, February 21, 2025 | ||
43 | 43
![]() ORDER: IT IS HEREBY ORDERED that the Court will hear oral argument on the plaintiffs' motion for a temporary restraining order on Thursday, February 27 at 2:00 p.m. in Courtroom 18B at the United States Courthouse, 500 Pearl Street, New York, New York. ( Oral Argument set for 2/27/2025 at 02:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 2/21/2025) (vfr) |
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Thursday, February 20, 2025 | ||
42 | 42
![]() ORDER granting41 Letter Motion for Leave to File Excess Pages. Granted. (Signed by Judge Denise L. Cote on 2/20/2025) (tg) |
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41 | 41
![]() CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Denise L. Cote from Rhett O. Millsaps II dated February 20, 2025. 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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Wednesday, February 19, 2025 | ||
40 | 40
![]() DECLARATION of Greg Hogan in Opposition re:27 EMERGENCY MOTION for Temporary Restraining Order .. Document filed by U.S. DOGE Temporary Service, Elon Musk, U.S. Office of Personnel Management, Charles Ezell, U.S. DOGE Service, Acting U.S. DOGE Administrator..(Farber, David) |
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39 | 39
![]() MEMORANDUM OF LAW in Opposition re:27 EMERGENCY MOTION for Temporary Restraining Order . . Document filed by U.S. DOGE Temporary Service, Elon Musk, U.S. Office of Personnel Management, Charles Ezell, U.S. DOGE Service, Acting U.S. DOGE Administrator..(Farber, David) |
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38 | 38
![]() NOTICE OF APPEARANCE by Jeffrey Stuart Oestericher on behalf of U.S. DOGE Temporary Service, Elon Musk, U.S. Office of Personnel Management, Charles Ezell, U.S. DOGE Service, Acting U.S. DOGE Administrator..(Oestericher, Jeffrey) |
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Tuesday, February 18, 2025 | ||
37 | 37
![]() DECLARATION of F. Mario Trujillo in Support re:27 EMERGENCY MOTION for Temporary Restraining 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..(Trujillo, Frank) |
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36 | 36
![]() MEMO ENDORSEMENT on re:35 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: The proposed briefing schedule is so ordered. ( Replies due by 2/24/2025., Responses due by 2/19/2025) (Signed by Judge Denise L. Cote on 2/18/2025) (vfr) |
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Monday, February 17, 2025 | ||
35 | 35
![]() JOINT LETTER addressed to Judge Denise L. Cote from Rhett O. Millsaps II and David E. Farber dated February 17, 2025 re: Proposed briefing schedule on motion for TRO. 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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Saturday, February 15, 2025 | ||
34 | 34
![]() NOTICE OF APPEARANCE by David E. Farber on behalf of U.S. DOGE Temporary Service, Elon Musk, U.S. Office of Personnel Management, Charles Ezell, U.S. DOGE Service, Acting U.S. DOGE Administrator..(Farber, David) |
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33 | 33
![]() ORDER. On February 11, 2025, the plaintiffs, consisting of unions and current and former federal government employees, filed this action seeking declaratory and injunctive relief against the U.S. Office of Personnel Management, Charles Ezell, the U.S. DOGE Service, the unidentified acting administrator of the U.S. DOGE Service, the U.S. DOGE Service Temporary Organization, and Elon Musk. On the evening of February 14, the plaintiffs filed a motion for a temporary restraining order ("Motion") and requested a prompt hearing. Accordingly, it is hereby ORDERED that, to the extent they have not already done so, the plaintiffs shall serve the defendants with their Motion and accompanying papers. IT IS FURTHER ORDERED that the parties shall meet and confer promptly regarding (1) a schedule for briefing the Motion, and (2) whether there is consent to the proposed temporary restraining order, to any portion of it, or to other actions to be taken by the defendants pending completion of the briefing and a decision by the Court on the Motion. IT IS FURTHER ORDERED that by Tuesday, February 18, 2025 at 10:00 a.m. the parties shall advise the Court of their proposals regarding a briefing schedule and any agreements they have reached. IT IS FURTHER ORDERED that the parties shall supply Chambers with two (2) courtesy copies of their filings and, to the extent that the filings cite to materials other than court decisions, statutes, and regulations, the parties shall include copies of those materials as well. Courtesy copies shall be delivered to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 2/15/2025) (bw) |
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Friday, February 14, 2025 | ||
32 | 32
![]() PROPOSED TEMPORARY RESTRAINING 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:27 ..(Millsaps, Rhett) |
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31 | 31
![]() DECLARATION of Deborah Toussant in Support re:27 EMERGENCY MOTION for Temporary Restraining 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..(Millsaps, Rhett) |
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30 | 30
![]() DECLARATION of Everett Kelley in Support re:27 EMERGENCY MOTION for Temporary Restraining 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..(Millsaps, Rhett) |
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29 | 29
![]() DECLARATION of Sommattie Ramrup in Support re:27 EMERGENCY MOTION for Temporary Restraining 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..(Millsaps, Rhett) |
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28 | 28
![]() MEMORANDUM OF LAW in Support re:27 EMERGENCY MOTION for Temporary Restraining 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..(Millsaps, Rhett) |
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27 | 27
![]() EMERGENCY MOTION for Temporary Restraining 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..(Millsaps, Rhett) ( Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing. ) |
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26 | 26
order
Order on Motion to Appear Pro Hac Vice
Fri 02/14 4:35 PM
ORDER granting25 Motion for Mark McKenna to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh) |
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25 | 25
![]() FIRST MOTION for Mark McKenna to Appear Pro Hac Vice for Plaintiffs . Filing fee $ 200.00, receipt number ANYSDC-30624165. Motion and supporting papers to be reviewed by Clerk's Office staff. 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..(McKenna, Mark) |
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24 | 24
order
Order on Motion to Appear Pro Hac Vice
Fri 02/14 10:19 AM
ORDER granting5 Motion for Mario Trujillo to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh) |
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23 | 23
order
Order on Motion to Appear Pro Hac Vice
Fri 02/14 10:06 AM
ORDER granting12 Motion for Norman L. Eisen to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh) |
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misc
Notice Regarding Deleted Document
Fri 02/14 10:52 AM
***DELETED DOCUMENT. Deleted Minute Entry dated 2/14/2025. The document was incorrectly filed in this case. (tn) |
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misc
Notice Regarding Pro Hac Vice Motion
Fri 02/14 4:14 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 25 FIRST MOTION for Mark McKenna to Appear Pro Hac Vice for Plaintiffs. Filing fee $ 200.00, receipt number ANYSDC-30624165. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bc) |
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Thursday, February 13, 2025 | ||
22 | 22
![]() NOTICE OF APPEARANCE by Victoria Jane Noble on behalf of 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..(Noble, Victoria) |
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21 | 21
![]() ELECTRONIC SUMMONS ISSUED as to U.S. DOGE Temporary Service. (vf) |
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20 | 20
![]() ELECTRONIC SUMMONS ISSUED as to Elon Musk. (vf) |
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19 | 19
![]() ELECTRONIC SUMMONS ISSUED as to Charles Ezell. (vf) |
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18 | 18
![]() REQUEST FOR ISSUANCE OF SUMMONS as to U.S. DOGE Temporary Service a/k/a the "Department of Government Efficiency", re:1 Complaint,,. 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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17 | 17
![]() REQUEST FOR ISSUANCE OF SUMMONS as to Elon Musk, in his capacity as director of the U.S. DOGE Temporary Service, re:1 Complaint,,. 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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16 | 16
![]() REQUEST FOR ISSUANCE OF SUMMONS as to Charles Ezell, in his official capacity as Acting Director of the Office of Personnel Management, re:1 Complaint,,. 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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15 | 15
![]() ELECTRONIC SUMMONS ISSUED as to Acting U.S. DOGE Administrator. (vf) |
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14 | 14
![]() ELECTRONIC SUMMONS ISSUED as to U.S. DOGE Service. (vf) |
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13 | 13
![]() ELECTRONIC SUMMONS ISSUED as to U.S. Office of Personnel Management. (vf) |
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misc
Notice to Attorney Regarding Deficient Request for Issuance of Summons
Thu 02/13 2:42 PM
***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Rhett Owen Millsaps, II to RE-FILE Document No. 7 Request for Issuance of Summons,, 11 Request for Issuance of Summons,, 10 Request for Issuance of Summons,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant party name listed does not correspond exactly to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
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notice
Notice of Case Assignment/Reassignment
Thu 02/13 3:42 PM
NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Victor Marrero is no longer assigned to the case..(tro) |
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Wednesday, February 12, 2025 | ||
12 | 12
![]() AMENDED MOTION for Norman L. Eisen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30609604. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO. Return Date set for 2/12/2025 at 04:00 PM..(Eisen, Norman) |
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11 | 11
![]() REQUEST FOR ISSUANCE OF SUMMONS as to Elon Musk, Director of the U.S. DOGE Temporary Service, re:1 Complaint,,. 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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10 | 10
![]() REQUEST FOR ISSUANCE OF SUMMONS as to U.S. DOGE Service Temporary Organization, re:1 Complaint,,. 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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9 | 9
![]() REQUEST FOR ISSUANCE OF SUMMONS as to Acting U.S. DOGE Administrator, re:1 Complaint,,. 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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8 | 8
![]() REQUEST FOR ISSUANCE OF SUMMONS as to U.S. DOGE Service, re:1 Complaint,,. 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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7 | 7
![]() REQUEST FOR ISSUANCE OF SUMMONS as to Charles Ezell, Acting Director of the Office of Personnel Management, re:1 Complaint,,. 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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6 | 6
![]() REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Office of Personnel Management, re:1 Complaint,,. 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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5 | 5
![]() MOTION for F. Mario Trujillo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30607995. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO..(Trujillo, Frank) |
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4 | 4
![]() FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED MOTION for Norman L. Eisen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30607208. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Federation of Government Employees, AFL-CIO..(Eisen, Norman) Modified on 2/12/2025 (rju) |
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3 | 3
![]() NOTICE OF APPEARANCE by Christopher Jon Sprigman on behalf of 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..(Sprigman, Christopher) |
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misc
Notice to Attorney Regarding Party Modification
Wed 02/12 10:42 AM
***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rhett Owen Millsaps, II. The party information for the following party/parties has been modified: Acting U.S. DOGE Administrator, Charles Ezell, Elon Musk, U.S. DOGE Service, U.S. DOGE Service Temporary Organization, U.S. Office of Personnel Management, Vanessa Barrow, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, American Federation of Government Employees, AFL-CIO, George Jones, Deborah Toussant. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; alias party name was omitted; party name entered incorrectly. (vf) |
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misc
Notice to Attorney Regarding Deficient Pleading
Wed 02/12 10:44 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Rhett Owen Millsaps, II re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF. Add party Does 1-100. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. (vf) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Wed 02/12 10:47 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Rhett Owen Millsaps, II. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (vf) |
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notice
Case Opening Initial Assignment Notice
Wed 02/12 10:50 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. Please download and review the Individual Practices of the assigned District Judge, located at[LINK: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[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vf) |
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utility
Case Designation
Wed 02/12 10:50 AM
Magistrate Judge Gary Stein is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vf) |
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utility
Case Designated ECF
Wed 02/12 10:50 AM
Case Designated ECF. (vf) |
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utility
Add Party for Pleading
Wed 02/12 12:02 PM
ADD PARTY FOR PLEADING. Plaintiffs/Petitioners Does 1-100 added. Party added pursuant to1 Complaint,,.Document filed by Does 1-100. Related document:1 Complaint,,..(Millsaps, Rhett) |
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misc
Notice Regarding Deficient Motion to Appear Pro Hac Vice
Wed 02/12 12:55 PM
>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 4 PROPOSED MOTION for Norman L. Eisen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30607208. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Affidavit must be signed, stamped and notarized.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (rju) |
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misc
Notice Regarding Pro Hac Vice Motion
Wed 02/12 2:54 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for F. Mario Trujillo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30607995. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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misc
Notice Regarding Pro Hac Vice Motion
Wed 02/12 4:23 PM
>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 12 AMENDED MOTION for Norman L. Eisen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-30609604. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (rju) |
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Tuesday, February 11, 2025 | ||
2 | 2
![]() CIVIL COVER SHEET filed..(Millsaps, Rhett) |
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1 | 1
![]() COMPLAINT against Acting U.S. DOGE Administrator, Charles Ezell, Elon Musk, U.S. DOGE Service, U.S. DOGE Service Temporary Organization, U.S. Office of Personnel Management. (Filing Fee $ 405.00, Receipt Number ANYSDC-30603187)Document filed by Vanessa Barrow, Association of Administrative Law Judges, International Federation of Professional and Technical Engineers Judicial Council 1, AFL-CIO, American Federation of Government Employees, AFL-CIO, George Jones, Deborah Toussant..(Millsaps, Rhett) |