Case: American Federation of Government Employees v. U.S. Office of Management and Budget

3:25-cv-08302 | U.S. District Court for the Northern District of California

Filed Date: Sept. 30, 2025

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Case Summary

This is a lawsuit by several labor organizations challenging the Trump administration’s directives to issue reductions in force during the federal government shutdown. Plaintiffs include the American Federal of Government Employees (AFGE), the largest union of federal employees, the American Federation of State, County, and Municipal Employees (AFSCME), the largest trade union of public employees in the United States, and two California-based labor organizations. They filed this lawsuit on Se…

This is a lawsuit by several labor organizations challenging the Trump administration’s directives to issue reductions in force during the federal government shutdown.

Plaintiffs include the American Federal of Government Employees (AFGE), the largest union of federal employees, the American Federation of State, County, and Municipal Employees (AFSCME), the largest trade union of public employees in the United States, and two California-based labor organizations. They filed this lawsuit on September 30, 2025, in the U.S. District Court for the Northern District of California, against the U.S. Office of Management and Budget (OMB), the U.S. Office of Personnel Management (OPM), and their directors. The initial complaint cited a so-called “Lapse Memorandum” issued by OMB threatening mass firings of federal employees during the shutdown expected to begin on October 1. The memorandum directed federal agencies to “use the opportunity” of the shutdown to consider reductions in force (RIFs) for any programs for which funding had lapsed and that were not priorities of President Trump. The complaint alleged that further “Guidance and Instructions” from OMB and OPM told agencies that federal employees could work during the shutdown to effectuate the RIFs, even though carrying out RIFs is not a permitted function that can lawfully continue during a shutdown. Plaintiffs challenged these agency directives under the Administrative Procedure Act, asserting that they were not in accordance with law and improperly exceeded statutory authority because they flouted requirements that programs be maintained and functions performed during a shutdown as well as the requirements of the Antideficiency Act governing the treatment of employees during a shutdown and the rules governing RIFs. Plaintiffs further claimed that the challenged directives were arbitrary and capricious because they ignored governing law, statutory obligations of federal agencies, reliance and public interests, and vital work done by excepted employees without offering sufficient justification and in an improper attempt to influence the votes of congressional Democrats. Plaintiffs sought declaratory relief, preliminary and permanent injunctive relief, including vacating and holding unlawful the portions of the Lapse Memorandum and OPM Guidance and Instructions that purported to authorize issuance of RIFs during a shutdown, and costs and fees. The case was assigned to U.S. District Judge Vince Chhabria.

On October 4, 2025, plaintiffs filed an administrative motion to consider whether the case should be related to AFGE v. Trump, Case No. 3:25-cv-03698-SI. They also filed an amended complaint, adding as defendants dozens of additional federal departments and agencies and their heads (collectively, the “federal agency defendants”), and adding two additional claims: first, that OMB and OPM have no authority to direct other agencies to apply a misinterpretation of federal law and that the federal agency defendants had no authority to violate the Antideficiency Act, and thus that their actions were ultra vires, or, beyond their authority; and that defendants’ actions to spend funds to administer RIFs during the shutdown violated the Appropriations Clause.

Also on October 4, 2025, the plaintiffs filed a motion for a temporary restraining order (TRO). They sought: to enjoin and/or stay defendants and their agency heads from taking any action to issue or administer any RIF notices to federal employees in any program, project, or activity that included any bargaining unit or member represented by any plaintiff or because of the federal government shutdown, including taking any action to implement or enforce the OMB Lapse Memorandum or portions of the related OPM Guidance and Instructions; to order defendants to serve and file an accounting of all RIFs enjoined by the TRO; and to show cause why the TRO shouldn’t be continued for a period of 14 days.

On October 7, 2025, noting that the government had not responded to the motion to relate cases, the court granted plaintiffs’ motion to relate and reassigned this lawsuit to District Judge Susan Illston, who was presiding over the related case AFGE v. Trump.

Judge Illston originally scheduled a hearing on the motion for a temporary restraining order for October 16, 2025. The court requested that defendants’ response to the motion for a TRO address the status of any currently planned or in-progress RIF notices to be issued during the shutdown, including when the notices would go out; which agencies anticipated issuing RIF notices and the estimated number of employees that would receive them; and whether any of the defendant agencies had been ordered back to work during the shutdown to effectuate the RIF notices. After filings from both parties indicated that certain defendant agencies had already begun to issue RIF notices as of October 10, 2025, the court advanced the hearing to October 15, 2025. It requested that plaintiffs indicate in their reply brief, due on October 14, whether their requested relief had changed, and it ordered defendants to file a supplemental declaration updating its responses to the questions previously issued and indicating for how long a notice period the RIF notices call for prior to separation from employment.

	Document
1 3:25-cv-08302	Complaint for Declaratory and Injunctive Relief	Sept. 30, 2025	Sept. 30, 2025 Complaint
15 3:25-cv-08302	Amended Complaint for Declaratory and Injunctive Relief	Oct. 4, 2025	Oct. 4, 2025 Complaint
56 3:25-cv-08302	Order on Motion for TRO	Oct. 15, 2025	Oct. 15, 2025

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 405, receipt number ACANDC-21186785.). Injunction against the US government/official or APA vacatur requested. Filed by American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO, AFGE LOCAL 3172, AFGE LOCAL 1236. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Summons)(Leyton, Stacey) (Filed on 9/30/2025) (Entered: 09/30/2025) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Summons View on PACER	Sept. 30, 2025	Sept. 30, 2025 Clearinghouse
2	Proposed Summons. (Leyton, Stacey) (Filed on 9/30/2025) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025 PACER
3	Certificate of Interested Entities by AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (Leyton, Stacey) (Filed on 9/30/2025) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025 PACER
4	NOTICE of Appearance filed by Barbara Jane Chisholm on behalf of AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (Chisholm, Barbara) (Filed on 9/30/2025) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025 PACER
5	NOTICE of Appearance filed by Danielle Evelyn Leonard on behalf of AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (Leonard, Danielle) (Filed on 9/30/2025) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025 PACER
6	NOTICE of Appearance filed by Talia Stender on behalf of AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (Stender, Talia) (Filed on 9/30/2025) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025 PACER
7	NOTICE of Appearance filed by Robin Starr Tholin on behalf of AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (Tholin, Robin) (Filed on 9/30/2025) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025 PACER
8	Case assigned to Judge Vince Chhabria. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (amf, COURT STAFF) (Filed on 9/30/2025) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025 PACER
9	NOTICE of Appearance filed by Rushab Sanghvi on behalf of AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of Government Employees, AFL-CIO (Sanghvi, Rushab) (Filed on 9/30/2025) (Entered: 09/30/2025)	Sept. 30, 2025	Sept. 30, 2025 PACER
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	Sept. 30, 2025	Sept. 30, 2025 PACER
10	Summons Issued as to Scott Kupor, United States Office of Management and Budget, United States Office of Personnel Management, Russell Vought (anj, COURT STAFF) (Filed on 10/1/2025) (Entered: 10/01/2025)	Oct. 1, 2025	Oct. 1, 2025 RECAP
11	Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Case Management Statement due by 12/26/2025. Initial Case Management Conference set for 1/2/2026 10:00 AM in San Francisco, - Videoconference Only. (anj, COURT STAFF) (Filed on 10/1/2025) (Entered: 10/01/2025)	Oct. 1, 2025	Oct. 1, 2025 RECAP
12	CERTIFICATE OF SERVICE by AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (AFGE) (Leyton, Stacey) (Filed on 10/1/2025) (Entered: 10/01/2025)	Oct. 1, 2025	Oct. 1, 2025 PACER
13	NOTICE of Appearance filed by Alice X Wang on behalf of AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (AFGE) (Wang, Alice) (Filed on 10/2/2025) (Entered: 10/02/2025)	Oct. 2, 2025	Oct. 2, 2025 PACER
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	Oct. 2, 2025	Oct. 2, 2025 PACER
14	NOTICE by AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (AFGE) (Attachments: # 1 Exhibit A - Administrative Motion to Consider Whether Cases Should Be Related, # 2 Exhibit B - Declaration of Stacey M. Leyton, # 3 Exhibit C - Proposed Order)(Leyton, Stacey) (Filed on 10/4/2025) (Entered: 10/04/2025) 1 Exhibit A - Administrative Motion to Consider Whether Cases Should Be Related View on PACER 2 Exhibit B - Declaration of Stacey M. Leyton View on PACER 3 Exhibit C - Proposed Order View on PACER	Oct. 4, 2025	Oct. 4, 2025 RECAP
15	AMENDED COMPLAINT against All Defendants. Filed by American Federation Of State County And Municipal Employees, AFL-CIO, AFGE LOCAL 1236, American Federation Of Government Employees, AFL-CIO (AFGE), AFGE LOCAL 3172. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Summons)(Leonard, Danielle) (Filed on 10/4/2025) (Entered: 10/04/2025) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Summons View on PACER	Oct. 4, 2025	Oct. 4, 2025 Clearinghouse
16	NOTICE by AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (AFGE) re 15 Amended Complaint, (Attachments: # 1 Exhibit A - Redline of Amended Complaint)(Leonard, Danielle) (Filed on 10/4/2025) (Entered: 10/04/2025)	Oct. 4, 2025	Oct. 4, 2025 PACER
17	MOTION for Temporary Restraining Order filed by AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (AFGE). (Attachments: # 1 Memorandum in Support of Motion for Temporary Restraining Order, # 2 Proposed Order, # 3 Declaration of Thomas Andrew Huddleston, # 4 Declaration of Everett Kelley, # 5 Declaration of Kory Blake, # 6 Declaration of Micah Niemeier-Walsh)(Leonard, Danielle) (Filed on 10/4/2025) (Entered: 10/04/2025) 1 Memorandum in Support of Motion for Temporary Restraining Order View on RECAP 2 Proposed Order View on RECAP 3 Declaration of Thomas Andrew Huddleston View on RECAP 4 Declaration of Everett Kelley View on RECAP 5 Declaration of Kory Blake View on RECAP 6 Declaration of Micah Niemeier-Walsh View on RECAP	Oct. 4, 2025	Oct. 4, 2025 RECAP
18	Declaration of Danielle Leonard in Support of 17 MOTION for Temporary Restraining Order filed byAFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (AFGE). (Related document(s) 17 ) (Leonard, Danielle) (Filed on 10/4/2025) (Entered: 10/04/2025)	Oct. 4, 2025	Oct. 4, 2025 RECAP
19	CERTIFICATE OF SERVICE by AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (AFGE) (Leonard, Danielle) (Filed on 10/6/2025) (Entered: 10/06/2025)	Oct. 6, 2025	Oct. 6, 2025 PACER
20	MOTION for leave to appear in Pro Hac Vice Norman Eisen ( Filing fee $ 328, receipt number BCANDC-21212371.) filed by AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (AFGE). (Attachments: # 1 Exhibit DC Bar Certificate of Good Standing)(Eisen, Norman) (Filed on 10/7/2025) (Entered: 10/07/2025) 1 Exhibit DC Bar Certificate of Good Standing View on RECAP	Oct. 7, 2025	Oct. 7, 2025 RECAP
21	Order by Judge Vince Chhabria granting 20 Motion for Pro Hac Vice as to Norman Eisen. (bxs, COURT STAFF) (Filed on 10/7/2025) (Entered: 10/07/2025)	Oct. 7, 2025	Oct. 7, 2025 RECAP
22	NOTICE of Appearance filed by Elizabeth Themins Hedges on behalf of Lee Zeldin, Equal Employment Opportunity Commission, Andrea Lucas, Federal Trade Commission, Andrew N Ferguson, United States General Services Administration, Michael Rigas, Institute of Museum and Library Services, Keith E. Sonderling, National Aeronautics and Space Administration, National Archives and Records Administration, National Endowment for the Arts, Mary Anne Carter, National Endowment for the Humanities, Michael McDonald, National Gallery of Art, Kaywin Feldman, National Science Foundation, Brian Stone, National Transportation Safety Board, Jennifer L Homendy, Nuclear Regulatory Commission, David A. Wright, United States Small Business Administration, Kelly Loeffler, Smithsonian Institution, Lonnie G Bunch, III, United States Social Security Administration, Frank Bisignano, United States International Development Finance Corporation, Dev Jagadesan, United States Office of Management and Budget, Russell Vought, United States Office of Personnel Management, Scott Kupor, United States Department of Agriculture, Brooke Rollins, United States Department of Commerce, Howard Lutnick, United States Department of Defense, Pete Hegseth, United States Department of Education, Linda McMahon, United States Department Of Energy, Chris Wright, United States Department of Health and Human Services, Robert F. Kennedy Jr., United States Department of Homeland Security, Kristi Noem, United States Department of Housing and Urban Development, Scott Turner, United States Department of Justice, Pam Bondi, United States Department of the Interior, Doug Burgum, United States Department of Labor, Lori Chavez-Deremer, United States Department of State, Marco Rubio, United States Department of Treasury, Scott Bessent, United States Department of Transportation, Sean Duffy, United States Department of Veterans Affairs, Douglas Collins, CONSUMER PRODUCT SAFETY COMMISSION, Peter Feldman, United States Environmental Protection Agency (Hedges, Elizabeth) (Filed on 10/7/2025) (Entered: 10/07/2025)	Oct. 7, 2025	Oct. 7, 2025 PACER
23	ORDER RELATING CASE. Signed by Judge Susan Illston on 10/7/2025. (ec, COURT STAFF) (Filed on 10/7/2025) (Entered: 10/07/2025)	Oct. 7, 2025	Oct. 7, 2025 RECAP
24	First MOTION for leave to appear in Pro Hac Vice Harold Craig Becker ( Filing fee $ 328, receipt number ACANDC-21214369.) filed by AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (AFGE). (Attachments: # 1 Exhibit DC Bar Certificate of Good Standing)(Becker, Harold) (Filed on 10/7/2025) (Entered: 10/07/2025)	Oct. 7, 2025	Oct. 7, 2025 PACER
25	ORDER REASSIGNING CASE IT IS ORDERED that this case is directly assigned to Judge Susan Illston. Judge Vince Chhabria no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (mbc, COURT STAFF) (Filed on 10/7/2025) (Entered: 10/07/2025)	Oct. 7, 2025	Oct. 7, 2025 PACER
26	Order by Judge Susan Illston granting 24 Motion for Pro Hac Vice of Craig Becker.(ec, COURT STAFF) (Filed on 10/7/2025) (Entered: 10/07/2025)	Oct. 7, 2025	Oct. 7, 2025 PACER
27	ORDER SETTING BRIEFING SCHEDULE ON MOTION FOR TRO (Illston, Susan) (Filed on 10/7/2025) (Entered: 10/07/2025)	Oct. 7, 2025	Oct. 7, 2025 RECAP
28	CLERK'S NOTICE RE: CHAMBER'S COPIES: Counsel are to provide TWO (2) Chamber's Copies of the Temporary Restraining Order papers including exhibits by overnight mail if possible. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ec, COURT STAFF) (Filed on 10/7/2025) (Entered: 10/07/2025)	Oct. 7, 2025	Oct. 7, 2025 PACER
29	CLERK'S NOTICE CONVERTING HEARING TO IN-PERSON: The 17 MOTION for Temporary Restraining Order Hearing set for 10/16/2025 at 10:30 AM will be held IN PERSON in San Francisco, Courtroom 01, 17th Floor before Judge Susan Illston. (ec, COURT STAFF) (Filed on 10/7/2025). (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 10/07/2025)	Oct. 7, 2025	Oct. 7, 2025 PACER
	Notice of Appearance/Substitution/Change/Withdrawal of Attorney	Oct. 7, 2025	Oct. 7, 2025 PACER
	Case Assigned/Reassigned	Oct. 7, 2025	Oct. 7, 2025 PACER
	Set Motion and Deadlines/Hearings	Oct. 7, 2025	Oct. 7, 2025 PACER
	Clerk's Notice	Oct. 7, 2025	Oct. 7, 2025 PACER
	Set/Reset Deadlines as to 17 MOTION for Temporary Restraining Order . Responses due by 10/10/2025. Replies due by 10/14/2025. Motion Hearing set for 10/16/2025 at 10:30 AM in San Francisco, - Videoconference Only before Judge Susan Illston. (ec, COURT STAFF) (Filed on 10/7/2025)	Oct. 7, 2025	Oct. 7, 2025 PACER
30	Proposed Summons. (Leonard, Danielle) (Filed on 10/8/2025) (Entered: 10/08/2025)	Oct. 8, 2025	Oct. 8, 2025 PACER
31	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-21218199.) filed by AFGE LOCAL 3172, AFGE LOCAL 1236, American Federation Of State County And Municipal Employees, AFL-CIO, American Federation Of Government Employees, AFL-CIO (AFGE). (Attachments: # 1 Certificate/Proof of Service Certificate of Good Standing)(Goldstein, Elena) (Filed on 10/8/2025) (Entered: 10/08/2025)	Oct. 8, 2025	Oct. 8, 2025 PACER
32	NOTICE of Appearance filed by Brad Prescott Rosenberg on behalf of Lee Zeldin, Equal Employment Opportunity Commission, Andrea Lucas, Federal Trade Commission, Andrew N Ferguson, United States General Services Administration, Michael Rigas, Institute of Museum and Library Services, Keith E. Sonderling, National Aeronautics and Space Administration, National Archives and Records Administration, National Endowment for the Arts, Mary Anne Carter, National Endowment for the Humanities, Michael McDonald, National Gallery of Art, Kaywin Feldman, National Science Foundation, Brian Stone, National Transportation Safety Board, Jennifer L Homendy, Nuclear Regulatory Commission, David A. Wright, United States Small Business Administration, Kelly Loeffler, Smithsonian Institution, Lonnie G Bunch, III, United States Social Security Administration, Frank Bisignano, United States International Development Finance Corporation, Dev Jagadesan, United States Office of Management and Budget, Russell Vought, United States Office of Personnel Management, Scott Kupor, United States Department of Agriculture, Brooke Rollins, United States Department of Commerce, Howard Lutnick, United States Department of Defense, Pete Hegseth, United States Department of Education, Linda McMahon, United States Department Of Energy, Chris Wright, United States Department of Health and Human Services, Robert F. Kennedy Jr., United States Department of Homeland Security, Kristi Noem, United States Department of Housing and Urban Development, Scott Turner, United States Department of Justice, Pam Bondi, United States Department of the Interior, Doug Burgum, United States Department of Labor, Lori Chavez-Deremer, United States Department of State, Marco Rubio, United States Department of Treasury, Scott Bessent, United States Department of Transportation, Sean Duffy, United States Department of Veterans Affairs, Douglas Collins, CONSUMER PRODUCT SAFETY COMMISSION, Peter Feldman, United States Environmental Protection Agency (Rosenberg, Brad) (Filed on 10/8/2025) (Entered: 10/08/2025)	Oct. 8, 2025	Oct. 8, 2025 PACER
33	Order by Judge Susan Illston granting 31 Motion for Pro Hac Vice of Elena Goldstein.(ec, COURT STAFF) (Filed on 10/8/2025) (Entered: 10/08/2025)	Oct. 8, 2025	Oct. 8, 2025 PACER

Case: American Federation of Government Employees v. U.S. Office of Management and Budget

3:25-cv-08302 | U.S. District Court for the Northern District of California

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