Hampton Dellinger v. Scott Bessent, et al
| Hampton Dellinger, in his personal capacity and in his official capacity as Special Counsel of the Office of Special Counsel |
| Scott Bessent, in his official capacity as Secretary of the Treasury, Sergio Gor, in his official capacity as Director of the White House Presidential Personnel Office, Karen Gorman, in her official capacity as Principal Deputy Special Counsel, upon the purported removal of the Special Counsel, the Acting Special Counsel of the Office of Special Counsel, Karl Kammann, in his official capacity as the Chief Operating Officer of the Office of Special Counsel, Donald J. Trump, in his official capacity as President of the United States of America and Russell T. Vought, in his official capacity as Director of the Office of Management and Budget |
| State of Florida, Cathy A. Harris, State of Alabama, Government Accountability Project, State of Arkansas, National Security Counselors, State of Georgia, Project on Government Oversight, State of Idaho, Public Employees for Environmental Responsibility, State of Indiana, The National Whistleblower Center, State of Iowa, Whistleblowers of America, State of Kansas, Commonwealth of Kentucky, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of West Virginia, Separation of Powers Clinic and Martin Akerman |
| Damian R. Nastri |
| 25-5052 |
| March 3, 2025 |
| U.S. Court of Appeals, D.C. Circuit |
| Other Statutory Actions |
Docket Report
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| PER CURIAM ORDER [2107965] filed ORDERED that the motions for leave to intervene [ # 2104638-2 ] and to participate as amicus curiae [ # 2106147-2 ] be denied. It is FURTHER ORDERED that the motion to dismiss the appeal as moot [ # 2104461-2 ] be granted. It is FURTHER ORDERED that the request to vacate the district courts March 1, 2025 memorandum opinion and order [ # 2104461-2 ] be granted. The district courts March 1, 2025 memorandum opinion and order are vacated, and the case is remanded to the district court with instructions to dismiss the case with prejudice. It is FURTHER ORDERED that the request to vacate this courts March 5, 2025 order and March 10, 2025 opinion included in the reply [ # 2106192-2 ] be denied. Withholding issuance of the mandate. Before Judges: Henderson, Millett and Walker. [25-5052] [Entered: 03/27/2025 09:38 AM] |
| CONSENT AMICUS FOR APPELLANT BRIEF [2106365] lodged by Mr. Martin Akerman Martin Akerman, pro se, submits this brief in opposition to Hampton Dellinger's Motion for Vacatur and Dismissal. [Service Date: 03/18/2025 ] Length of Brief: 11 Pages; 841 Words. [25-5052]--[MODIFIED EVENT FROM FILED TO LODGED--Edited 03/19/2025 by LMM] (Akerman, Martin) [Entered: 03/18/2025 05:17 PM] |
| REPLY [2106192] filed by Hampton Dellinger to response [ # 2105196-3 ] [Service Date: 03/17/2025 by CM/ECF NDA] Length Certification: 528 words. [25-5052] (Matz, Joshua) [Entered: 03/17/2025 07:10 PM] |
| CONSENT MOTION [2106147] to participate as amicus curiae [Disclosure Listing: Attached] filed by Martin Akerman, pro se -- Related CADC: 23-5309 CA9: 24-6166 24-6641 24-6975 CAFC: 24-1912 24-1913 24-1914 24-1915 24-1926 Supreme Court 24A730 and 24A731 DISTRIBUTED for Conference of 3/21/2025. [Service Date: 03/17/2025 ] [25-5052] (Akerman, Martin) [Entered: 03/17/2025 04:14 PM] |
| RESPONSE IN OPPOSITION [2105196] to motion to dismiss case as moot [ # 2104461-2 ] combined with a MOTION to hold case in abeyance filed by Scott Bessent, Sergio Gor, Karen Gorman, Karl Kammann, Donald J. Trump and Russell T. Vought [Service Date: 03/12/2025 by CM/ECF NDA] Length Certification: 1161 words. [25-5052] (Winik, Daniel) [Entered: 03/12/2025 10:42 AM] |
| NOTICE [2105403] filed to participate as amicus curiae filed by State of Alabama, State of Arkansas, State of Florida, State of Georgia, State of Idaho, State of Indiana, State of Iowa, State of Kansas, State of Louisiana, State of Mississippi, State of Montana, State of Nebraska, State of South Carolina, State of South Dakota, State of Tennessee, State of Texas, State of Utah, State of West Virginia and Commonwealth of Kentucky [Service Date: 03/12/2025 ] [25-5052] (Forrester, Nathan) [Entered: 03/12/2025 04:07 PM] |
| PER CURIAM ORDER [2105393] filed ORDERED, on the courts own motion, that the briefing schedule set forth in the courts order dated March 5, 2025, be suspended pending further order of the court. Before Judges: Henderson, Millett and Walker. [25-5052] [Entered: 03/12/2025 03:49 PM] |
| PER CURIAM ORDER AND OPINION [2104901] filed granting the emergency motion for a stay pending appeal [ # 2103519-2 ], which indicated that an opinion would follow in due course, the opinion thereto is attached. Before Judges: Henderson, Millett and Walker. [25-5052] [Entered: 03/10/2025 07:20 PM] |
| MOTION [2104461] to dismiss case as moot filed by Hampton Dellinger (Service Date: 03/07/2025 by CM/ECF NDA) Length Certification: 561 Words. [25-5052] (Matz, Joshua) [Entered: 03/07/2025 11:24 AM] |
| MOTION [2104638] for leave to intervene [Disclosure Listing: Not Applicable to this Party] filed by Damian R. Nastri [Service Date: 03/10/2025 ] [25-5052] [Entered: 03/10/2025 08:56 AM] |
| RESPONSE [2104375] to letter for other relief [ # 2104288-2 ], letter [ # 2104288-3 ] filed by Scott Bessent, Sergio Gor, Karen Gorman, Karl Kammann, Donald J. Trump and Russell T. Vought [Service Date: 03/06/2025 by CM/ECF NDA] Length Certification: 346 words. [25-5052] (Myron, Laura) [Entered: 03/06/2025 07:04 PM] |
| LETTER [2104288] re: Mootness filed by Hampton Dellinger [Service Date: 03/06/2025 ] [25-5052] (Matz, Joshua) [Entered: 03/06/2025 02:23 PM] |
| AMICUS FOR APPELLEE BRIEF [2104084] lodged by Cathy A. Harris [Service Date: 03/05/2025 ] Length of Brief: 2,581. [25-5052]--[MODIFIED EVENT FROM FILED TO LODGED--Edited 03/05/2025 by LMM] (Katyal, Neal) [Entered: 03/05/2025 03:22 PM] |
| PER ABOVE ORDER lodged amicus briefs [ # 2103948-2 ], [ # 2103976-2 ], [ # 2104084-2 ], & [ # 2104097-2 ] are filed. [25-5052] [Entered: 03/05/2025 05:59 PM] |
| PER CURIAM ORDER [2104160] filed ORDERED that the motions for leave to participate as amicus curiae [ # 2103901-2 ], [ # 2104027-2 ], [ # 2104095-2 ], & [ # 2103976-2 ] be granted. The Clerk is directed to file the lodged amicus briefs [ # 2103948-2 ], [ # 2103976-2 ], [ # 2104084-2 ], & [ # 2104097-2 ]. It is FURTHER ORDERED that the emergency motion for a stay pending appeal [ # 2103519-2 ] be granted, and that the district courts March 1, 2025 order be stayed pending further order of the court, except to the extent that order vacates the Temporary Restraining Order entered by the district court on February 12, 2025. It is FURTHER ORDERED, on the courts own motion, that this case be expedited. The following briefing schedule will apply: APPELLANT Brief and APPENDIX both due 03/21/2025. APPELLEE Brief due on 04/04/2025. APPELLANT Reply Brief due 04/11/2025 (SEE ORDER FOR MORE DETAILS). Before Judges: Henderson, Millett and Walker. [25-5052] [Entered: 03/05/2025 05:58 PM] |
| AMICUS FOR APPELLEE BRIEF [2104097] lodged by Government Accountability Project, National Security Counsellors, National Whistleblower Center, Public Employees for Environmental Responsibility, Project on Government Oversight, and Whistleblowers of America [Service Date: 03/05/2025 ] Length of Brief: 3,096. [25-5052]]--[MODIFIED EVENT FROM FILED TO LODGED--Edited 03/05/2025 by LMM] (Svihovec, Kayla) [Entered: 03/05/2025 03:34 PM] |
| MOTION [2104095] to participate as amicus curiae [Disclosure Listing: Not Attached] filed by Government Accountability Project, National Security Counsellors, National Whistleblower Center, Public Employees for Environmental Responsibility, Project on Government Oversight, and Whistleblowers of America [Service Date: 03/05/2025 ] [25-5052]--[Edited 03/05/2025 by LMM] (Svihovec, Kayla) [Entered: 03/05/2025 03:33 PM] |
| RESPONSE [2104029] to letter Rule 28j authorities [ # 2103926-2 ], letter [ # 2103926-3 ] filed by Hampton Dellinger [Service Date: 03/05/2025 by CM/ECF NDA] Length Certification: 377 Words. [25-5052] (Matz, Joshua) [Entered: 03/05/2025 01:36 PM] |
| AMENDED AMICUS FOR APPELLANT BRIEF [2103976] lodged by States of Florida, Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, South Carolina, South Dakota, Tennessee, Texas, Utah, and West Virginia [Service Date: 03/05/2025 ] Length of Brief: 2580. [25-5052] (Forrester, Nathan) [Entered: 03/05/2025 11:34 AM] |
| RESPONSE IN OPPOSITION [2103958] to motion for stay pending appeal [ # 2103519-2 ] filed by Hampton Dellinger [Service Date: 03/05/2025 by CM/ECF NDA] Length Certification: 5,156 Words. [25-5052] (Matz, Joshua) [Entered: 03/05/2025 11:16 AM] |
| LETTER [2103926] pursuant to FRAP 28j advising of additional authorities filed by Scott Bessent, Sergio Gor, Karen Gorman, Karl Kammann, Donald J. Trump and Russell T. Vought [Service Date: 03/05/2025 ] [25-5052] (Myron, Laura) [Entered: 03/05/2025 10:04 AM] |
| MOTION [2104027] to participate as amicus curiae [Disclosure Listing: Not Applicable to this Party] filed by Cathy A. Harris [Service Date: 03/05/2025 ] [25-5052]-[Edited 03/05/2025 by LMM] (Katyal, Neal) [Entered: 03/05/2025 01:26 PM] |
| AMICUS FOR APPELLANT BRIEF [2103948] lodged by Separation of Powers Clinic [Service Date: 03/04/2025 ] Length of Brief: 2,594 words. [25-5052] [Entered: 03/05/2025 10:57 AM] |
| CONSENT MOTION [2103901] to participate as amicus curiae [Disclosure Listing: Attached] filed by Separation of Powers Clinic [Service Date: 03/04/2025 ] [25-5052]--[Edited 03/05/2025 by LMM] (McCotter, R. Trent) [Entered: 03/04/2025 11:02 PM] |
| AMICUS FOR APPELLANT BRIEF [2103900] lodged by State of Florida and 18 Other States [Service Date: 03/04/2025 ] Length of Brief: 2580. [25-5052]--[MODIFIED EVENT FROM FILED TO LODGED--Edited 03/05/2025 by LMM] (Forrester, Nathan) [Entered: 03/04/2025 10:53 PM] |
| CORRECTED ENTRY OF APPEARANCE [2103863] filed by Joshua A. Matz and co-counsel Amy Jeffress, Kate L. Doniger, Jackson Erpenbach and Benjamin Stern on behalf of Appellee Hampton Dellinger. [25-5052] (Matz, Joshua) [Entered: 03/04/2025 04:12 PM] |
| NOTICE OF APPEAL [2103504] seeking review of a decision by the U.S. District Court in 1:25-cv-00385-ABJ filed by Scott Bessent, Sergio Gor, Karen Gorman, Karl Kammann, Donald J. Trump and Russell T. Vought. Appeal assigned USCA Case Number: 25-5052. [25-5052] [Entered: 03/03/2025 10:03 AM] |
| PER CURIAM ORDER [2103610] filed that appellee file a response to the emergency motion by 12:00 noon on March 5, 2025. Any reply is due by 12:00 noon on March 6, 2025. Before Judges: Henderson, Millett and Walker. [25-5052] [Entered: 03/03/2025 02:16 PM] |
| ENTRY OF APPEARANCE [2103516] filed by Laura E. Myron and co-counsel Daniel J. Aguilar, Joshua M. Salzman on behalf of Appellants Scott Bessent, Sergio Gor, Karen Gorman, Karl Kammann, Donald J. Trump and Russell T. Vought. [25-5052] (Myron, Laura) [Entered: 03/03/2025 10:31 AM] |
| EMERGENCY MOTION [2103519] to stay underlying order pending appeal filed by Scott Bessent, Sergio Gor, Karen Gorman, Karl Kammann, Donald J. Trump and Russell T. Vought (Service Date: 03/03/2025 by Email) Length Certification: 5,169 words. [25-5052] (Myron, Laura) [Entered: 03/03/2025 10:39 AM] |
| ENTRY OF APPEARANCE [2103702] filed by Daniel Winik and co-counsel Michael S. Raab on behalf of Appellants Scott Bessent, Sergio Gor, Karen Gorman, Karl Kammann, Donald J. Trump and Russell T. Vought. [25-5052] (Winik, Daniel) [Entered: 03/03/2025 06:37 PM] |
| CLERK'S ORDER [2103635] filed directing party to file initial submissions: APPELLANT docketing statement due 04/02/2025. APPELLANT certificate as to parties due 04/02/2025. APPELLANT statement of issues due 04/02/2025. APPELLANT underlying decision due 04/02/2025. APPELLANT deferred appendix statement due 04/02/2025. APPELLANT entry of appearance due 04/02/2025. APPELLANT transcript status report due 04/02/2025. APPELLANT procedural motions due 04/02/2025. APPELLANT dispositive motions due 04/17/2025; directing party to file initial submissions: APPELLEE certificate as to parties due 04/02/2025. APPELLEE entry of appearance due 04/02/2025. APPELLEE procedural motions due 04/02/2025. APPELLEE dispositive motions due 04/17/2025 [25-5052] [Entered: 03/03/2025 03:24 PM] |
| ENTRY OF APPEARANCE [2103679] filed by Joshua A. Matz and co-counsel Kate L. Doniger on behalf of Appellee Hampton Dellinger. [25-5052] (Jeffress, Dorothy) [Entered: 03/03/2025 04:47 PM] |
| ENTRY OF APPEARANCE [2103680] filed by Joshua L. Matz and co-counsel Benjamin Stern on behalf of Appellant Scott Bessent. [25-5052] (Stern, Benjamin) [Entered: 03/03/2025 04:50 PM] |
| ENTRY OF APPEARANCE [2103681] filed by Joshua L. Matz and co-counsel Kate L. Doniger on behalf of Appellee Hampton Dellinger. [25-5052] (Doniger, Kate) [Entered: 03/03/2025 04:52 PM] |
| US CIVIL CASE docketed. [25-5052] [Entered: 03/03/2025 10:02 AM] |
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