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NM vs. Musk: Temporary Restraining Order

The United States District Court for the District of Columbia has granted in part a motion for a temporary restraining order against Elon Musk and associated defendants. The order temporarily restrains the defendants from accessing sensitive data systems and from placing federal employees on involuntary leave. The order is effective for 14 days and requires the defendants to file a compliance status report within 24 hours.

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44K views3 pages

NM vs. Musk: Temporary Restraining Order

The United States District Court for the District of Columbia has granted in part a motion for a temporary restraining order against Elon Musk and associated defendants. The order temporarily restrains the defendants from accessing sensitive data systems and from placing federal employees on involuntary leave. The order is effective for 14 days and requires the defendants to file a compliance status report within 24 hours.

Uploaded by

streiff at redstate
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd
  • Order Granting in Part Plaintiff States' Motion for Temporary Restraining Order
  • Details and Further Orders
  • Conclusion of the Order

Case 1:25-cv-00429-TSC Document 19-1 Filed 02/15/25 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT


FOR THE DISTRICT OF COLUMBIA

STATE OF NEW MEXICO, et al.,

Plaintiffs,
C.A. No. 1:25-cv-00429
v.
[PROPOSED] ORDER GRANTING IN
ELON MUSK, et al., PART MOTION FOR TEMPORARY
RESTRAINING ORDER, ECF No. 6
Defendants.

[PROPOSED] ORDER GRANTING IN PART


PLAINTIFF STATES’ MOTION FOR TEMPORARY RESTRAINING ORDER

Before the Court is the Motion for Temporary Restraining Order, ECF No. 6, and the

accompanying declarations filed by the Plaintiffs State of New Mexico, State of Arizona, People of

the State of Michigan, State of California, State of Connecticut, State of Hawai’i, State of Maryland,

Commonwealth of Massachusetts, State of Minnesota, State of Nevada, State of Oregon, State of

Vermont, and State of Washington (collectively, “Plaintiff States”). After reviewing the papers and

records on file in this action, and having the benefit of the arguments of counsel, and good cause

appearing, the Court ORDERS as follows:

Defendants Elon Musk, U.S. DOGE Service, U.S. DOGE Service Temporary Organization,

and their agents, officers, and employees, or anyone acting in active concert with them, are

temporarily restrained from:

(a) Accessing or continuing to access any data systems and the information and code

contained within those systems, including but not limited to systems containing sensitive
Case 1:25-cv-00429-TSC Document 19-1 Filed 02/15/25 Page 2 of 3

or confidential agency and personnel data, 1 at the Office of Personnel Management,2 the

Department of Education,3 the Department of Labor,4 the Department of Health and

Human Services,5 the Department of Energy,6 the Department of Transportation,7 and the

Department of Commerce,8 or any components of any of those agencies, or copying,

transferring, or in any way disseminating any data from any of the agencies identified in

this paragraph; and

(b) Terminating, furloughing, or otherwise placing on involuntary leave—whether paid or

unpaid—any officers or employees of the federal government working within any of the

Departments and agencies identified in paragraph (a), other than officers or employees of

the Defendant entities, or directing any federal department or agency, not including the

Defendant entities, to take the prohibited actions described in this paragraph.9

Defendants are further ORDERED to file a status report within 24 hours of the issuance of

this Order confirming compliance with the Order.

The Court further ORDERS that this order shall remain in effect for 14 days from the date of

its issuance, unless extended for good cause.

1
See Compl., ECF No. 2, at ¶¶ 94–95, 194; ECF No. 6-11 at ¶ 19; ECF No. 6-9 at ¶ 4; ECF No.
6-10 at ¶ 7; Plaintiff States’ Feb. 15, 2025 Notice of Supplemental Information (“Suppl. Not.”).
2
See id. at ¶¶ 107–121; Suppl. Not.
3
See id. at ¶¶ 164–168; see also, e.g., ECF No. 6-2 at ¶ 14; ECF No. 6-3 at ¶ 8–9; ECF No. 6-7
at ¶ 6; Suppl. Not.
4
See id. at ¶¶ 176–180; Suppl. Not.
5
See id. at ¶¶ 122–133; see also, e.g., ECF No. 6-2 at ¶ 11; ECF No. 6-7 at ¶ 5; Suppl. Not.
6
See id. at ¶¶ 134–141; see also, e.g., ECF No. 6-2 at ¶ 12; Suppl. Not.
7
See id. at ¶¶ 181–187; see also, e.g., ECF No. 6-2 at ¶ 15; Suppl. Not.
8
See id. at ¶ 189; Suppl. Not.
9
See Compl. ¶¶ 66; 96; 189; ECF No. 6-11 at ¶ 11; ECF No. 6-7 at ¶ 16; ECF No. 6-3 at ¶ 10;
ECF No. 6-4 at ¶¶ 18–19, 21; ECF No. 6-5 at ¶ 10, ECF No. 6-7 at ¶ 15; Suppl. Not.
Case 1:25-cv-00429-TSC Document 19-1 Filed 02/15/25 Page 3 of 3

The Court further ORDERS that the Parties are directed to meet and confer within 48 hours

of the date of this order on a mutually agreeable schedule for briefing on Plaintiff States’

forthcoming motion for a preliminary injunction.

IT IS SO ORDERED.

Dated HON. TANYA S. CHUTKAN


United States District Judge

Common questions

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The requirement for a status report helps ensure compliance by mandating an official record of actions taken by the defendants to abide by the order, allowing the court to monitor adherence effectively. Non-compliance could result in legal consequences such as contempt of court charges, fines, or further legal orders, escalating the severity of judicial actions against the defendants .

The Plaintiff States, which include New Mexico, Arizona, Michigan, California, Connecticut, Hawai’i, Maryland, Massachusetts, Minnesota, Nevada, Oregon, Vermont, and Washington, filed a Motion for a Temporary Restraining Order against Elon Musk, U.S. DOGE Service, and associated entities. The court granted the order in part, restraining these defendants from accessing sensitive data systems, disseminating any data from certain federal agencies, and from making employment changes like terminating or furloughing federal employees other than their own. The order will last for 14 days unless extended for good cause .

The court granted the temporary restraining order for 14 days to provide an immediate but short-term remedy while allowing further legal proceedings to consider the case's complexities. An extension might be granted if the plaintiff states demonstrate good cause, such as ongoing risks or legal arguments requiring more time for resolution .

Requiring the parties to meet and confer on a briefing schedule for a preliminary injunction signifies the court's intention to proceed with a structured legal process and foster cooperation between parties for the forthcoming legal action. It ensures that both parties have the opportunity to present their cases and prepare legal arguments adequately, which contributes to a fair and balanced judicial proceeding .

The temporary restraining order might negatively affect Elon Musk's and his associated companies' reputation by suggesting involvement in unauthorized activities against government data systems, which could lead to public distrust. It could potentially strain relationships with business partners and stakeholders concerned about ethical and legal compliance, impacting investor confidence and market perceptions .

The defendants could face legal challenges such as being under increased scrutiny to ensure compliance with the court's order, which might lead to additional legal costs and resource allocation to legal strategies. Operationally, they must halt any ongoing projects or actions involving the protected data and government agencies, which could disrupt organizational operations, delay business initiatives, and cause strategic setbacks in any plans that involved the federal data systems .

The rationale behind prohibiting defendants from altering employment statuses within federal departments ensures stability and prevents potential misuse of power during the ongoing legal proceedings. This measure safeguards federal employees from retaliatory actions or undue influence, maintaining integrity within the agencies. The implications include preserving operational continuity and morale within federal departments while litigation is pending .

The court required the defendants to file a status report within 24 hours of the order's issuance to confirm compliance with the restraining order .

The plaintiff states likely targeted Elon Musk and his associated entities due to perceived or alleged unauthorized access to sensitive governmental data which could compromise state and federal data integrity. Concerns over potential breaches of privacy, national security, and the manipulation of federal personnel systems might have motivated the legal action, aiming to prevent any unauthorized influence or misuse of governmental resources .

The court's temporary restraining order specifically protected data systems containing sensitive or confidential information from unauthorized access, copying, or dissemination by the defendants. The agencies mentioned include the Office of Personnel Management, the Departments of Education, Labor, Health and Human Services, Energy, Transportation, and Commerce .

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA STATE OF NEW MEXICO, et al., Plaintiffs, v. E
or confidential agency and personnel data, 1 at the Office of Personnel Management,2 the Department of Education,3 the Depar
The Court further ORDERS that the Parties are directed to meet and confer within 48 hours of the date of this order on a mut

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