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Other Statutory Actions | District Of Columbia
.Order
MINUTE ORDER. The plaintiff's 25 Amended Complaint challenges his removal from his position as a member of the National Transportation Board. Count I of the Amended Complaint alleges that the plaintiff's removal violated the Independent Safety Board Act of 1974. Count II of the Amended Complaint alleges that his removal violated the Fifth Amendment's Due Process Clause.
On December 5, 2025, the defendants moved to stay this case pending the Supreme Court's decision in Trump v. Slaughter, No. 25-332. See Dkt. 26. On December 29, 2025, the Court granted that motion as to Count I of the plaintiff's Amended Complaint and ordered the parties to propose a briefing schedule for the defendants' dipositive motion on Count II. See December 29, 2025 Minute Order. On January 7, 2026, the Court adopted the parties' 28 Proposed Briefing Schedule. See January 7, 2026 Minute Order. The defendants subsequently filed a 30 Motion to Dismiss Count II. That motion is now fully briefed.
The Court cannot rule on the defendants' pending 30 Motion to Dismiss Count II without considering the Supreme Court's recent opinion in Trump v. Slaughter, issued after briefing was completed, and the parties' views regarding the impact of that decision on the plaintiff's claim under the Due Process Clause. At the same time, the issuance of Slaughter has ended this Court's stay of proceedings on Count I and will likely lead to another dispositive motion by the defendants. The Court concludes that considerations of judicial economy counsel against parallel supplemental briefing as to Count II and separate dispositive briefing as to Count I. Accordingly, it is ORDERED that the defendants' 30 Motion to Dismiss is DENIED without prejudice. It is further ORDERED that the parties shall file, on or before July 2, 2026, a joint status report that proposes a schedule to govern dispositive briefing on both counts of the Amended Complaint. So Ordered by Judge Dabney L. Friedrich on June 29, 2026. (lcdlf2)
Freedom of Information Act | District Of Columbia
.Order ~Util - Set/Reset Deadlines
MINUTE ORDER: The Court ORDERS that the parties shall file a joint proposed briefing schedule by July 6, 2026. So ORDERED by Chief Judge James E. Boasberg on June 22, 2026. (lcjeb1)
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