Am. Fed'n of Gov't Employees, AFL-CIO v. United States Office of Personnel Mgmt.
| AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, MAIN STREET ALLIANCE, COMMON DEFENSE CIVIC ENGAGEMENT, COALITION TO PROTECT AMERICA'S NATIONAL PARKS, WESTERN WATERSHEDS PROJECT, VOTEVETS ACTION FUND, INC., STATE OF WASHINGTON, AMERICAN PUBLIC HEALTH ASSOCIATION, ASSOCIATION OF FLIGHT ATTENDANTS-CWA AFL-CIO, AMERICAN GEOPHYSICAL UNION, UNITED NURSES ASSOCIATIONS OF CALIFORNIA - UNION OF HEALTH CARE PROFESSIONALS, AFSCME, AFL-CIO, AMERICAN FEDERATION OF STATE, COUNTY & MUNICIPAL EMPLOYEES, AFL-CIO, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES - LOCAL 1216 and AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES - LOCAL 2110 |
| UNITED STATES OFFICE OF PERSONNEL MANAGEMENT, CHARLES EZELL, in his official capacity as Acting Director of the U.S. Office of Personnel Management, HOWARD W. LUTNICK, Secretary of Commerce, UNITED STATES DEPARTMENT OF EDUCATION, LINDA MCMAHON, Secretary of Education, UNITED STATES DEPARTMENT OF ENERGY, CHRIS WRIGHT, Secretary of Energy, ROBERT F. KENNEDY, JR., Secretary of HHS, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, KRISTI NOEM, Secretary of DHS, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, SCOTT TURNER, Secretary of HUD, DOJ - UNITED STATES DEPARTMENT OF JUSTICE, PAMELA BONDI, ATTORNEY GENERAL, United States Attorney General, UNITED STATES DEPARTMENT OF THE INTERIOR, DOUG BURGUM, UNITED STATES DEPARTMENT OF LABOR, VINCE MICONE, Acting Secretary of Labor, UNITED STATES DEPARTMENT OF STATE, MARCO RUBIO, Secretary of State, UNITED STATES DEPARTMENT OF THE TREASURY, SCOTT BESSENT, Secretary of Treasury, UNITED STATES DEPARTMENT OF TRANSPORTATION, SEAN DUFFY, Secretary of Transportation, UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, DOUG COLLINS, Secretary of the VA, UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, LEE ZELDIN, EPA Administrator, UNITED STATES GENERAL SERVICES ADMINISTRATION, ROBIN CARNAHAN, GSA Administrator, NATIONAL AERONAUTICS AND SPACE ADMINISTRATION, JANET PETRO, NASA Acting Administrator, NATIONAL SCIENCE FOUNDATION, SETHURAMAN PANCHANATHAN, Director of the NSF, RUSSELL VOUGHT, Director of OMB, UNITED STATES SMALL BUSINESS ADMINISTRATION, KELLY LOEFFLER, Administrator of the SBA, SOCIAL SECURITY ADMINISTRATION, LELAND DUDEK, ACTING COMMISSIONER OF SOCIAL SECURITY, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF AGRICULTURE, BROOKE ROLLINS, Secretary of the U.S Department of Agriculture, UNITED STATES DEPARTMENT OF COMMERCE, PETER HEGSETH, Secretary of Defense, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET and FRANK BISIGNANO, COMMISSIONER OF SOCIAL SECURITY |
| DONALD BELTON AYER, TY COBB, BARBARA JEAN COMSTOCK, MARVIN HENRY EDWARDS, JOHN FARMER, JR., STUART MICHAEL GERSON, PETER DOUGLAS KEISLER, PHILIP ALLEN LACOVARA, JOHN MICHAEL LUTTIG, JOHN LARKIN MCKAY, TREVOR ALEXANDER MCCLURG POTTER, ALAN CHARLES RAUL, PAUL ROSENZWEIG, CLAUDINE SCHNEIDER, PETER MILO SHANE, ROBERT SHANKS, CHRISTOPHER HUNTER SHAYS, OLIVIA TROYE, WILLIAM FLOYD WELD, CHRISTINE TODD WHITMAN, COUNTY OF SANTA CLARA, CITY AND COUNTY OF SAN FRANCISCO, CITY OF CHICAGO, CITY OF COLUMBUS, CITY OF EVANSTON, CITY OF MINNEAPOLIS, CITY OF NEW YORK, CITY OF PITTSBURGH, CITY OF SAN DIEGO, CITY OF SANTA MONICA, CITY OF TUCSON, COUNTY OF HARRIS, COUNTY OF KING, COUNTY OF MARIN, CITY OF NASHVILLE, COUNTY OF DAVIDSON, RYAN RICHARDSON, ELI SAVIT, DANIEL BLISS, RYAN MELLO, JOHN I. CLARK, CHRISTIAN D. MENEFEE, MICHAEL CHAMEIDES, ROBERT J. HARVIE, JR., DIANE M. ELLIS-MARSEGLIA, PUBLIC EMPLOYEES FOR ENVIRONMENTAL RESPONSIBILITY, AMERICAN PHYSICAL SOCIETY, AMERICAN ASTRONOMICAL SOCIETY, AMERICAN POLITICAL SCIENCE ASSOCIATION, Mickey Edwards, AMERICAN MATHEMATICAL SOCIETY, AMERICAN CRYSTALLOGRAPHIC ASSOCIATION, INC., ECOLOGICAL SOCIETY OF AMERICA, SOCIETY FOR INDUSTRIAL AND APPLIED MATHEMATICS and SPIE |
| 25-1677 |
| March 13, 2025 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
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| Filing 78 ARGUED AND SUBMITTED to Morgan B. CHRISTEN, Daniel A. BRESS, Lawrence VANDYKE. Audio and video recordings of the argument are available on the courts website at #https://www.ca9.uscourts.gov/media/. [25-1677, 25-2637] [Entered: 08/19/2025 03:41 PM] |
| Filing 77 ACKNOWLEDGMENT of hearing notice filed by Emily Margaret Hall for Appellant United States Office of Personnel Management, Appellant Charles Ezell. Hearing in San Francisco - Courtroom 1 in San Francisco, on 3/31/2025 8:00:00 AM, 8/19/2025 9:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [25-1677, 25-2637] [Entered: 08/12/2025 08:11 AM] |
| Filing 76 ADDED Counsel for Appellant Emily Margaret Hall [25-1677, 25-2637] [Entered: 08/12/2025 08:01 AM] |
| Filing 75 NOTICE OF APPEARANCE by Emily Margaret Hall for Appellant Charles Ezell, Appellant United States Office of Personnel Management. [25-1677, 25-2637] [Entered: 08/12/2025 06:41 AM] |
| Filing 74 ACKNOWLEDGMENT of hearing notice filed by Danielle Leonard for Appellee American Federation Of Government Employees, AFL-CIO, Appellee American Federation of State, County & Municipal Employees, AFL-CIO, Appellee American Federation of Government Employees - Local 1216, Appellee United Nurses Associations of California - Union of Health Care Professionals, AFSCME, AFL-CIO, Appellee Main Street Alliance, Appellee Common Defense Civic Engagement, Appellee Coalition to Protect America's National Parks, Appellee Western Watersheds Project, Appellee VoteVets Action Fund, Inc., Appellee American Federation of Government Employees - Local 2110, Appellee American Public Health Association, Appellee Association of Flight Attendants-CWA AFL-CIO, Appellee American Geophysical Union. Hearing in San Francisco - Courtroom 1 in San Francisco, on 3/31/2025 8:00:00 AM, 8/19/2025 9:00:00 AM. Filer argument time: By myself. (Argument minutes: [-]). Special accommodations: No. Filer admission status: I certify that I am admitted to practice before this Court. [25-1677, 25-2637] [Entered: 08/06/2025 04:12 PM] |
| Filing 73 6 Paper copies of Reply Brief submitted at DE 71 by Appellant United States Office of Personnel Management, Appellant Charles Ezell received. [25-1677, 25-2637] [Entered: 07/14/2025 01:23 PM] |
Filing 72
ORDER FILED. Reply Brief submitted at DE 71 by Appellants United States Office of Personnel Management and Charles Ezell is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with gray front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [25-1677, 25-2637] [Entered: 07/11/2025 12:21 PM]
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| Filing 71 REPLY BRIEF submitted for filing by Appellant United States Office of Personnel Management, Appellant Charles Ezell. [25-1677, 25-2637] [Entered: 07/11/2025 10:37 AM] |
| Filing 70 6 Paper copies of Amicus Brief submitted at DE 66 by received. [25-1677, 25-2637] [Entered: 07/01/2025 03:33 PM] |
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Filing 69
ORDER FILED. Amicus Brief submitted at DE 66 by American Physical Society, et al. is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [25-1677, 25-2637] [Entered: 06/27/2025 09:05 AM]
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| Filing 68 ADDED Amicus Curiae American Physical Society, Amicus Curiae American Astronomical Society, Amicus Curiae American Political Science Association, Amicus Curiae American Mathematical Society, Amicus Curiae American Crystallographic Association, Inc., Amicus Curiae Ecological Society of America, Amicus Curiae Society for Industrial and Applied Mathematics, Amicus Curiae SPIE, Counsel for Amicus Curiae Sarah Elaine Harrington [25-1677, 25-2637] [Entered: 06/27/2025 08:59 AM] |
| Filing 67 DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by American Physical Society, et al.. [25-2637, 25-1677]--[Duplicate entry, correct DE is 66 in 25-1677] [Entered: 06/27/2025 08:30 AM] |
| Filing 66 AMICUS BRIEF by government or with consent submitted for filing by American Physical Society, et al.. [25-1677, 25-2637] [Entered: 06/27/2025 08:26 AM] [Edited: 06/27/2025 03:29 PM] |
| Filing 65 3 Paper copies of Excerpts of Record in 5 Volumes and Index Volume submitted at DE 62 by Appellee American Federation Of Government Employees, AFL-CIO, Appellee American Federation of State, County & Municipal Employees, AFL-CIO, Appellee American Federation of Government Employees - Local 1216, Appellee United Nurses Associations of California - Union of Health Care Professionals, AFSCME, AFL-CIO, Appellee American Federation of Government Employees - Local 2110, Appellee American Public Health Association, Appellee Association of Flight Attendants-CWA AFL-CIO, Appellee American Geophysical Union received (sent to panel). [25-1677, 25-2637] [Entered: 06/25/2025 03:10 PM] [Edited: 06/25/2025 04:11 PM] |
| Filing 64 6 Paper copies of Answering Brief submitted at DE 61 by Appellee American Federation Of Government Employees, AFL-CIO, Appellee American Federation of State, County & Municipal Employees, AFL-CIO, Appellee American Federation of Government Employees - Local 1216, Appellee United Nurses Associations of California - Union of Health Care Professionals, AFSCME, AFL-CIO, Appellee American Federation of Government Employees - Local 2110, Appellee American Public Health Association, Appellee Association of Flight Attendants-CWA AFL-CIO, Appellee American Geophysical Union received (sent to panel). [25-1677, 25-2637] [Entered: 06/25/2025 03:06 PM] [Edited: 06/25/2025 04:10 PM] |
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Filing 63
ORDER FILED. Answering Brief submitted at DE 61 by Appellees American Federation Of Government Employees, AFL-CIO; et al., is filed. Within 7 days of this order, Appellees must file 6 copies of the brief in paper format bound with red front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 62 (DE 26 in 25-2637) by Appellees American Federation Of Government Employees, AFL-CIO; et al., are filed. Within 7 days of this order, Appellees must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [25-1677, 25-2637] [Entered: 06/20/2025 05:49 PM]
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| Filing 62 EXCERPTS OF RECORD submitted for filing by Appellee American Federation Of Government Employees, AFL-CIO, Appellee American Federation of State, County & Municipal Employees, AFL-CIO, Appellee American Federation of Government Employees - Local 1216, Appellee United Nurses Associations of California - Union of Health Care Professionals, AFSCME, AFL-CIO, Appellee American Federation of Government Employees - Local 2110, Appellee American Public Health Association, Appellee Association of Flight Attendants-CWA AFL-CIO, Appellee American Geophysical Union. [25-1677, 25-2637] [Entered: 06/20/2025 02:15 PM] |
| Filing 61 ANSWERING BRIEF submitted for filing by Appellee American Federation Of Government Employees, AFL-CIO, Appellee American Federation of State, County & Municipal Employees, AFL-CIO, Appellee American Federation of Government Employees - Local 1216, Appellee United Nurses Associations of California - Union of Health Care Professionals, AFSCME, AFL-CIO, Appellee American Federation of Government Employees - Local 2110, Appellee American Public Health Association, Appellee Association of Flight Attendants-CWA AFL-CIO, Appellee American Geophysical Union. [25-1677, 25-2637] [Entered: 06/20/2025 02:10 PM] |
| Filing 60 6 Paper copies of Amicus Brief submitted at DE 57 by received. [25-1677, 25-2637] [Entered: 06/20/2025 10:22 AM] |
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Filing 59
ORDER FILED. Amicus Brief submitted at DE 57 by Public Employees for Environmental Responsibility is filed. Within 7 days of this order, Amicus must file 6 copies of the brief in paper format bound with green front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [25-1677, 25-2637] [Entered: 06/13/2025 09:59 AM]
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| Filing 58 ADDED Amicus Curiae Public Employees for Environmental Responsibility. [25-1677, 25-2637] [Entered: 06/13/2025 09:50 AM] |
| Filing 57 AMICUS BRIEF by government or with consent submitted for filing by Public Employees for Environmental Responsibility. [25-2637, 25-1677] [Entered: 06/13/2025 09:12 AM] |
| Filing 56 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Public Employees for Environmental Responsibility. [25-2637, 25-1677] [Entered: 06/12/2025 02:42 PM] |
| Filing 55 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Public Employees for Environmental Responsibility. [25-2637, 25-1677] [Entered: 06/12/2025 02:38 PM] |
| Filing 54 NOTICE OF ORAL ARGUMENT on Tuesday, August 19, 2025 - 09:00 A.M. - Courtroom 1 - Scheduled Location: San Francisco CA View the Oral Argument Calendar for your case #here. NOTE: Although your case is currently scheduled for oral argument, the panel may decide to submit the case on the briefs instead. See Fed. R. App. P. 34. Absent further order of the court, if the court does determine that oral argument is required in this case, you are expected to appear in person at the Courthouse. If an in person appearance would pose a hardship, you must file a motion for permission to appear remotely by video, using ACMS filing type Motion to Appear Remotely for Oral Argument. Such a motion must be filed within 7 days of this notice, absent exigent circumstances. Everyone appearing in person must review and comply with our Protocols for In Person Hearings, available #here. If the panel determines that it will hold oral argument in your case, the Clerk's Office will contact you directly at least two weeks before the set argument date to review any requirements for in person appearance or to make any necessary arrangements for a remote appearance that has been approved or directed by the panel. Please note that if you do file a motion to appear remotely, the court strongly prefers video over telephone appearance. Therefore, if you wish to appear remotely by telephone you will need to justify that request in your motion and receive explicit permission to do so. Be sure to review the #GUIDELINES for important information about your hearing. If you are the specific attorney or self-represented party who will be arguing, use the ACKNOWLEDGMENT OF HEARING NOTICE filing type in ACMS no later than 28 days before the hearing date. No form or other attachment is required. If you will not be arguing, do not file an acknowledgment of hearing notice. [25-1677, 25-2637] [Entered: 06/08/2025 12:14 PM] |
| Filing 53 6 Paper copies of Opening Brief submitted at DE 51 by Appellant United States Office of Personnel Management, Appellant Charles Ezell received. [25-1677, 25-2637] [Entered: 05/30/2025 10:31 AM] |
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Filing 52
ORDER FILED. Opening Brief submitted at DE 51 by Appellants United States Office of Personnel Management and Charles Ezell is filed. Within 7 days of this order, Appellants must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The paper copies must be sent to the Clerks principal office. [25-1677, 25-2637] [Entered: 05/29/2025 12:19 PM]
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| Filing 51 OPENING BRIEF submitted for filing by Appellant United States Office of Personnel Management, Appellant Charles Ezell. [25-1677, 25-2637] [Entered: 05/28/2025 05:46 PM] |
| Filing 50 3 Paper copies of Excerpts of Record in 3 Volumes and Index Volume submitted at DE 45 by Appellant United States Office of Personnel Management, Appellant Charles Ezell received. [25-1677, 25-2637] [Entered: 05/28/2025 10:22 AM] |
| Filing 49 6 Paper copies of Supplemental Brief submitted at DE 44 by Appellant United States Office of Personnel Management, Appellant Charles Ezell received. [25-1677, 25-2637] [Entered: 05/28/2025 10:19 AM] |
| Filing 48 TEXT CLERK ORDER. Appellants Motion to File a Replacement Brief (DE 11 in 25-2637; DE 47 in 25-1677) is granted. [25-1677, 25-2637] [Entered: 05/27/2025 03:44 PM] |
| Filing 47 MOTION to File Replacement Brief filed by Appellant United States Office of Personnel Management, Appellant Charles Ezell. [25-1677, 25-2637] [Entered: 05/27/2025 07:27 AM] |
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Filing 46
ORDER FILED. Supplemental Brief submitted at DE 44 by Appellants United States Office of Personnel Management and Charles Ezell is filed. Within 7 days of this order, s must file 6 copies of the brief in paper format bound with tan front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 45 by Appellants United States Office of Personnel Management and Charles Ezell are filed. Within 7 days of this order, s must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [25-1677, 25-2637] [Entered: 05/22/2025 04:29 PM]
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| Filing 45 EXCERPTS OF RECORD submitted for filing by Appellant United States Office of Personnel Management, Appellant Charles Ezell. [25-1677, 25-2637] [Entered: 05/22/2025 01:24 PM] |
| Filing 44 SUPPLEMENTAL BRIEF submitted for filing by Appellant United States Office of Personnel Management, Appellant Charles Ezell. [25-1677, 25-2637] [Entered: 05/22/2025 01:19 PM] |
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Filing 43
ORDER FILED. Appellants seek clarification from the court as to whether the briefing schedule provides for filing consolidated excerpts of record (No. 25-1677, Dkt. 42; No. 25-2637, Dkt. 6). Appellants are directed to file consolidated excerpts of record for the consolidated appeals. This resolves No. 25-1677, Dkt. 42; No. 25-2637, Dkt. 6. [25-1677, 25-2637] [Entered: 05/22/2025 10:31 AM]
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| Filing 42 MOTION for Clarification of Non-Dispositive Order filed by Appellant United States Office of Personnel Management, Appellant Charles Ezell. [25-1677, 25-2637] [Entered: 05/21/2025 01:34 PM] |
| Filing 41 Defendant Leland Dudek substituted by Frank Bisignano effective 05/19/2025. [Entered: 05/19/2025 08:35 PM] |
| Filing 40 TERMINATED participation of Defendant Leland Dudek. [Entered: 05/19/2025 08:34 PM] |
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Filing 39
ORDER FILED. The parties Joint Motion to Consolidate Appeals and Set Consolidated Briefing Schedule (No. 25-1677, Dkt. 38; No. 25-2637, Dkt. 3) is GRANTED IN PART. The appeals are consolidated. As agreed upon by the parties, the briefing schedule for both appeals is reset as follows: 1. Appellants supplemental opening brief is due May 22, 2025. 2. Appellees consolidated answering brief is due June 20, 2025. 3. Appellants consolidated reply brief is due July 11, 2025. The following word limits will apply: 1. Appellants supplemental opening brief is limited to 7,500 words. 2. Appellees consolidated answering brief is limited to 16,800 words. 3. Appellants consolidated reply brief is limited to 8,400 words. [25-1677, 25-2637] [Entered: 05/12/2025 02:50 PM]
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| Filing 38 MOTION to Consolidate filed by Appellee American Federation Of Government Employees, AFL-CIO, Appellee American Federation Of State County And Municipal Employees, AFL-CIO, Appellee American Federation of Government Employees Local 1216, Appellee United Nurses Associations of California - Union of Health Care Professionals, AFSCME, AFL-CIO, Appellee Main Street Alliance, Appellee Common Defense Civic Engagement, Appellee Coalition to Protect America's National Parks, Appellee Western Watersheds Project, Appellee VoteVets Action Fund, Inc., Appellee American Federation of Government Employees Local 2110, Appellee American Public Health Association, Appellee Association of Flight Attendants-CWA AFL-CIO, Appellee American Geophysical Union. [Entered: 04/29/2025 10:01 AM] |
| Filing 37 RESPONSE to notice of case being considered for oral argument filed by Danielle Leonard. [Entered: 04/17/2025 05:26 PM] |
| Filing 36 3 Paper copies of Excerpts of Record in 3 Volumes and Index Volume submitted at DE 32 by Appellant United States Office of Personnel Management, Appellant Charles Ezell received. [Entered: 04/16/2025 11:27 AM] |
| Filing 35 6 Paper copies of Opening Brief submitted at DE 31 by Appellant United States Office of Personnel Management, Appellant Charles Ezell received. [Entered: 04/16/2025 11:23 AM] |
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Filing 34
ORDER FILED. Opening Brief submitted at DE 31 by Appellant United States Office of Personnel Management, Appellant Charles Ezell is filed. Within 7 days of this order, Appellant must file 6 copies of the brief in paper format bound with blue front cover pages. Each copy must include certification at the end that the copy is identical to the electronic version. The excerpts of record submitted at DE 32 by Appellant United States Office of Personnel Management, Appellant Charles Ezell are filed. Within 7 days of this order, Appellant must file 3 copies of the excerpts in paper format securely bound on the left side, with white front covers. The paper copies must be sent to the Clerks principal office. [Entered: 04/15/2025 09:11 AM]
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| Filing 33 NOTICE: This case is being considered for an upcoming oral argument calendar in San Francisco. Please review the San Francisco sitting dates for August 2025 and the subsequent sitting month in that location at #http://www.ca9.uscourts.gov/court_sessions. Absent an irreconcilable conflict, the court expects you to appear and argue your case during one of these two months. If you have an irreconcilable conflict on any of the dates, please consult with opposing counsel to propose an alternate date and/or location and file Form 32 (#http://www.ca9.uscourts.gov/forms/form32.pdf) within 3 business days of this notice using the ACMS filing type Response to Case Being Considered for Oral Argument. Please follow the form's instructions (#http://www.ca9.uscourts.gov/forms/form32instructions.pdf) carefully. If the parties wish to discuss settlement before an argument date is set, they should jointly request referral to the mediation unit by filing a motion within 3 business days of this notice, using the filing type: Motion to Refer to Mediation. You will receive notice that your case has been assigned to a calendar approximately 10 weeks before the scheduled oral argument date. [25-1677] [Entered: 04/14/2025 04:42 PM] |
| Filing 32 EXCERPTS OF RECORD submitted for filing by Appellant United States Office of Personnel Management, Appellant Charles Ezell.--[COURT UPDATE: Corrected PDF attached as of 4/15/2025, REPLACING original attachment] [Entered: 04/10/2025 01:59 PM] [Edited: 04/15/2025 09:07 AM] |
| Filing 31 OPENING BRIEF submitted for filing by Appellant United States Office of Personnel Management, Appellant Charles Ezell.--[COURT UPDATE: Corrected PDF attached as of 4/15/2025, REPLACING original attachment] [Entered: 04/10/2025 01:54 PM] [Edited: 04/15/2025 09:02 AM] |
| Filing 30 RELEASED FROM MEDIATION (text only). This case is released from the Mediation Program. [Entered: 03/27/2025 03:36 PM] |
| Filing 29 CLERK ACTION: Amicus Brief submitted at DE 22 by Amici Curiae County of Santa Clara, City and County of San Francisco, City of Chicago, Columbus, City of Evanston, City of Minneapolis, City of New York, City of Pittsburgh, City of San Diego, City of Santa Monica, City of Tucson, County of Harris, County of King, County of Marin, City of Nashville, County of Davidson, Ryan Richardson, Eli Savit, Daniel Bliss, Ryan Mello, John I. Clark, Christian D. Menefee, Michael Chameides, Robert J. Harvie, Jr., and Diane M. Ellis-Marseglia is filed. No paper copies are required at this time. [Entered: 03/27/2025 08:52 AM] |
| Filing 28 CLERK ACTION: Amicus Brief submitted at DE 19 by Amici Curiae Donald Belton Ayer, Ty Cobb, Barbara Jean Comstock, Marvin Henry Edwards, John Farmer, Jr., Stuart Michael Gerson, Peter Douglas Keisler, Philip Allen Lacovara, John Michael Luttig, John Larkin McKay, Trevor Alexander McClurg Potter, Alan Charles Raul, Paul Rosenzweig, Claudine Schneider, Peter Milo Shane, Robert Shanks, Christopher Hunter Shays, Olivia Troye, William Floyd Weld, and Christine Todd Whitman is filed. No paper copies are required at this time. [Entered: 03/27/2025 08:51 AM] |
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Filing 27
ORDER FILED. SILVERMAN, BADE, and DE ALBA, Circuit Judges. Order by Judges SILVERMAN and DE ALBA; Dissent by Judge BADE. The motions (Docket Entry Nos. 19, 22) for leave to file amicus briefs in opposition to the emergency stay motion are granted. The emergency motion (Docket Entry No. 7) to stay the district courts preliminary injunction is denied. See Nken v. Holder, 556 U.S. 418, 434 (2009) (defining standard for stay pending appeal). Appellants have demonstrated neither that they are sufficiently likely to succeed on the merits of this appeal nor that they will suffer irreparable harm from complying with the preliminary injunction. See id. [SEE ORDER FOR FULL TEXT AND FOR DISSENT] [Entered: 03/26/2025 05:50 PM]
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| Filing 26 SUPPLEMENT to Reply to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 20) filed by Appellant United States Office of Personnel Management, Appellant Charles Ezell. [Court entered filing to correct DE 25] [Entered: 03/25/2025 09:50 AM] |
| Filing 25 DEFECTIVE---STATUS REPORT filed by Appellant United States Office of Personnel Management, Appellant Charles Ezell. [Wrong filing type, corrected in DE 26] [Entered: 03/24/2025 06:43 PM] [Edited: 03/25/2025 09:50 AM] |
| Filing 24 MEDIATION QUESTIONNAIRE filed by Appellant United States Office of Personnel Management, Appellant Charles Ezell. To submit pertinent confidential information directly to the Circuit Mediators, please email #[email protected] and include the case name and number in the subject line. Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts. [Entered: 03/21/2025 01:50 PM] |
| Filing 23 ADDED Amici Curiae - Pending County of Santa Clara, City and County of San Francisco, City of Chicago, Columbus, City of Evanston, City of Minneapolis, City of New York, City of Pittsburgh, City of San Diego, City of Santa Monica, City of Tucson, County of Harris, County of King, County of Marin, City of Nashville, County of Davidson, Ryan Richardson, Eli Savit, Daniel Bliss, Ryan Mello, John I. Clark, Christian D. Menefee, Michael Chameides, Robert J. Harvie, Jr., and Diane M. Ellis-Marseglia. [Entered: 03/21/2025 10:57 AM] |
| Filing 22 AMICUS BRIEF and MOTION for leave to file amicus brief filed by County of Santa Clara, et al.. [Entered: 03/20/2025 05:35 PM] |
| Filing 21 ADDED Amici Curiae - Pending Donald Belton Ayer, Ty Cobb, Barbara Jean Comstock, Marvin Henry Edwards, John Farmer, Jr., Stuart Michael Gerson, Peter Douglas Keisler, Philip Allen Lacovara, John Michael Luttig, John Larkin McKay, Trevor Alexander McClurg Potter, Alan Charles Raul, Paul Rosenzweig, Claudine Schneider, Peter Milo Shane, Robert Shanks, Christopher Hunter Shays, Olivia Troye, William Floyd Weld, and Christine Todd Whitman. [Entered: 03/20/2025 02:04 PM] |
| Filing 20 REPLY to Response to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 16) filed by Appellant United States Office of Personnel Management, Appellant Charles Ezell. [Entered: 03/20/2025 12:53 PM] |
| Filing 19 AMICUS BRIEF and MOTION for leave to file amicus brief filed by Former Government Officials and Scholars. [Entered: 03/20/2025 12:35 PM] |
| Filing 18 DEFECTIVE --- AMICUS BRIEF by government or with consent submitted for filing by Former Government Officials and Scholars. (Incorrect entry, see DE 19) [Entered: 03/18/2025 07:52 PM] [Edited: 03/20/2025 01:29 PM] |
| Filing 17 DEFECTIVE --- RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellee American Federation Of Government Employees, AFL-CIO, Appellee American Federation Of State County And Municipal Employees, AFL-CIO, Appellee American Federation of Government Employees Local 1216, Appellee United Nurses Associations of California - Union of Health Care Professionals, AFSCME, AFL-CIO, Appellee Main Street Alliance, Appellee Common Defense Civic Engagement, Appellee Coalition to Protect America's National Parks, Appellee Western Watersheds Project, Appellee VoteVets Action Fund, Inc., Appellee American Federation of Government Employees Local 2110, Appellee State of Washington, Appellee American Public Health Association, Appellee Association of Flight Attendants-CWA AFL-CIO, Appellee American Geophysical Union. [Duplicate filing of DE 16] [Entered: 03/18/2025 07:25 PM] [Edited: 03/19/2025 03:34 PM] |
| Filing 16 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellee American Federation Of Government Employees, AFL-CIO, Appellee American Federation Of State County And Municipal Employees, AFL-CIO, Appellee American Federation of Government Employees Local 1216, Appellee United Nurses Associations of California/Union of Health Care Professionals, AFSCME, AFL-CIO, Appellee Main Street Alliance, Appellee Common Defense Civic Engagement, Appellee Coalition to Protect America's National Parks, Appellee Western Watersheds Project, Appellee VoteVets Action Fund, Inc., Appellee American Federation of Government Employees Local 2110, Appellee State of Washington, Appellee American Public Health Association, Appellee Association of Flight Attendants-CWA AFL-CIO, Appellee American Geophysical Union. [Entered: 03/18/2025 07:00 PM] |
| Filing 15 DEFECTIVE -- AMICUS BRIEF by government or with consent submitted for filing by County of Santa Clara, et al.. (Incorrect entry, see DE 22) [Entered: 03/18/2025 05:30 PM] [Edited: 03/21/2025 09:18 AM] |
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Filing 14
ORDER FILED. Barry G. SILVERMAN, Bridget S. BADE, Ana DE ALBA Order by Judges SILVERMAN and DE ALBA; Partial Dissent by Judge BADE. The court has received the emergency motion to stay. The request for an immediate administrative stay is denied. See Doe #1 v. Trump, 944 F.3d 1222, 1223 (9th Cir. 2019). Given that the district court found that the employees were wrongfully terminated and ordered an immediate return to the status quo ante, an administrative stay of the district courts order would not preserve the status quo. It would do just the opposite -- it would disrupt the status quo and turn it on its head. See National Urban League v. Ross, 977 F.3d 698, 700-01 (9th Cir. 2020). The response to the emergency motion is due March 18, 2025. The optional reply in support of the motion is due March 20, 2025. (SEE ORDER FOR FULL TEXT AND DISSENT) [Entered: 03/17/2025 08:08 AM]
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| Filing 13 ADDED Counsel for Appellant Courtney Dixon [Entered: 03/17/2025 07:56 AM] |
| Filing 12 NOTICE OF APPEARANCE by Courtney Dixon for Appellant Charles Ezell, Appellant United States Office of Personnel Management. [Entered: 03/16/2025 05:20 PM] |
| Filing 11 SUPPLEMENT to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellee American Federation Of Government Employees, AFL-CIO, Appellee American Federation Of State County And Municipal Employees, AFL-CIO, Appellee American Federation of Government Employees Local 1216, Appellee United Nurses Associations of California/Union of Health Care Professionals, AFSCME, AFL-CIO, Appellee Main Street Alliance, Appellee Common Defense Civic Engagement, Appellee Coalition to Protect America's National Parks, Appellee Western Watersheds Project, Appellee VoteVets Action Fund, Inc., Appellee American Federation of Government Employees Local 2110, Appellee State of Washington, Appellee American Public Health Association, Appellee Association of Flight Attendants-CWA AFL-CIO, Appellee American Geophysical Union. [Entered: 03/16/2025 09:59 AM] |
| Filing 10 SUPPLEMENT to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellee American Federation Of Government Employees, AFL-CIO, Appellee American Federation Of State County And Municipal Employees, AFL-CIO, Appellee American Federation of Government Employees Local 1216, Appellee United Nurses Associations of California/Union of Health Care Professionals, AFSCME, AFL-CIO, Appellee Main Street Alliance, Appellee Common Defense Civic Engagement, Appellee Coalition to Protect America's National Parks, Appellee Western Watersheds Project, Appellee VoteVets Action Fund, Inc., Appellee American Federation of Government Employees Local 2110, Appellee State of Washington, Appellee American Public Health Association, Appellee Association of Flight Attendants-CWA AFL-CIO, Appellee American Geophysical Union. [Entered: 03/14/2025 10:31 PM] |
| Filing 9 RESPONSE to Motion to Stay Lower Court or Agency Proceedings, Order, or Judgment (DE 7) filed by Appellee American Federation Of Government Employees, AFL-CIO, Appellee American Federation Of State County And Municipal Employees, AFL-CIO, Appellee American Federation of Government Employees Local 1216, Appellee United Nurses Associations of California/Union of Health Care Professionals, AFSCME, AFL-CIO, Appellee Main Street Alliance, Appellee Common Defense Civic Engagement, Appellee Coalition to Protect America's National Parks, Appellee Western Watersheds Project, Appellee VoteVets Action Fund, Inc., Appellee American Federation of Government Employees Local 2110, Appellee State of Washington, Appellee American Public Health Association, Appellee Association of Flight Attendants-CWA AFL-CIO, Appellee American Geophysical Union. [Entered: 03/14/2025 08:16 PM] |
| Filing 8 Emergency MOTION Circuit Rule 27-3 Certificate filed by Appellant United States Office of Personnel Management, Appellant Charles Ezell. [Entered: 03/14/2025 03:57 PM] |
| Filing 7 MOTION to Stay Lower Court or Agency Proceedings/Order/Judgment filed by Appellant United States Office of Personnel Management, Appellant Charles Ezell. [Entered: 03/14/2025 03:56 PM] |
| Filing 6 ADDED Counsel for Appellant Casen Ross [Entered: 03/14/2025 08:33 AM] |
| Filing 5 NOTICE OF APPEARANCE by Casen Ross for Appellant Charles Ezell, Appellant United States Office of Personnel Management. [Entered: 03/14/2025 08:23 AM] |
| Filing 4 ADDED Counsel for Appellant Joshua Koppel [Entered: 03/14/2025 08:00 AM] |
| Filing 3 NOTICE OF APPEARANCE by Joshua Koppel for Appellant Charles Ezell, Appellant United States Office of Personnel Management. [Entered: 03/13/2025 07:26 PM] |
| Filing 2 PRELIMINARY INJUNCTION SCHEDULE NOTICE. Mediation Questionnaire due (Appellant) 3/18/2025, Preliminary Injunction Opening Brief Due (Appellant) 4/10/2025, Preliminary Injunction Answering Brief Due (Appellee) 5/8/2025. For appeal no. 25-1677, 3:25-cv-01780-WHA.All briefs shall be served and filed pursuant to FRAP 31 and 9th Cir. R. 31-2.1. Failure of the petitioner(s)/appellant(s) to comply with this briefing schedule will result in automatic dismissal of the appeal. See 9th Cir. R. 42-1. [Entered: 03/13/2025 03:51 PM] |
| Filing 1 CASE OPENED. A copy of your notice of appeal / petition filed in 3:25-cv-01780-WHA has been received in the Clerk's office of the United States Court of Appeals for the Ninth Circuit. The U.S. Court of Appeals docket number 25-1677 has been assigned to this case. All communications with the court must indicate this Court of Appeals docket number. Please carefully review the docket to ensure the name(s) and contact information are correct. It is your responsibility to alert the court if your contact information changes. Resources Available For more information about case processing and to assist you in preparing your brief, please review the Case Opening Information (for #attorneys and #pro se litigants) and review the #Appellate Practice Guide. Attorneys should consider contacting the court's #Appellate Mentoring Program for help with the brief and argument. [Entered: 03/13/2025 03:48 PM] |
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