IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division
ANDREW FLOYD, etal., )
Plaintiffs, )
V.
DEPARTMENT OF JUSTICE, et al. )
)
)
)
)
)
l:26-cv-1399(LMB/IDD)
Defendants. )
ORDER
Before the Court is plaintiffs’ Expedited Motion for Briefing Schedule (“Expedited
Motion”), which requests an expedited briefing and hearing schedule for its pending Motion for
Temporary Restraining Order, Or in the Alternative, a Preliminary Injunction with Expedited
Briefing and for a Stay Under 5 U.S.C. § 705 (“Motion”). See generally. [Dkt. No. 30].
Defendants oppose this Motion, requesting additional time to respond. See id. at 3-4. Because
full briefing of the issue will enhance the ability of the Court to make a sound decision.
plaintiffs’ Expedited Motion, [Dkt. No. 30], is DENIED and defendants’ request for additional
time is GRANTED; however, to ensure that no funds are irreversibly disbursed from the Anti-
Weaponization Fund (hereinafter, “Fund”) while plaintiffs’ Motion is pending, it is hereby
ORDERED that defendants be and are ENJOINED from taking any further action
pursuant to the creation or operation of the Anti-Weaponization Fund, which includes the
transferring of money to the Fund; the consideration of any claims submitted to the Fund; and the
disbursing of any funds from the Fund;^ and it is further
1 It is important that the status quo be maintained until plaintiffs’ pending Motion has been
resolved, especially as plaintiffs allege in their Expedited Motion that defense counsel “was
unable ... to provide assurances of how long [the] status quo would last” and declined plaintiffs’Case 1:26-cv-01399-LMB-IDD Document 31 Filed 05/29/26 Page 2 of 2 PageID# 684
ORDERED that defendants file their Opposition to plaintiffs’ Motion by close of
business on Friday, June 5, 2026; and it is further
ORDERED that plaintiffs file their Reply by close of business on Wednesday, June 10,
2026; and it is further
ORDERED that the hearing on plaintiffs’ Motion currently noticed for Friday, June 5,
2026, at 10:00 am be and is RESET to Friday, June 12, 2026 at 10:00 am.
The Clerk is directed to forward a copy of this Order to counsel of record.
Entered this day of May, 2026.
Alexandria, Virginia
/s/
Lconic M. Brinkcma
United States District Judge
---------------
U.S. District Court
Eastern District of Virginia - (Alexandria)
CIVIL DOCKET FOR CASE #: 1:26-cv-01399-LMB-IDD
Floyd et al v. Department of Justice et al Assigned to: District Judge Leonie M. Brinkema Referred to: Magistrate Judge Ivan D. Davis Cause: 05:0706 Judicial Review of Agency Action | Date Filed: 05/22/2026 Jury Demand: Plaintiff Nature of Suit: 899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision Jurisdiction: U.S. Government Defendant |
| Plaintiff | ||
| Andrew Floyd | represented by | Aman T. George Democracy Forward Foundation (DC-NA) Post Office Box 34553 Washington, DC 20043 **NA** 202-448-9090 Fax: 202-796-4426 Email: ageorge@democracyforward.org PRO HAC VICE ATTORNEY TO BE NOTICED Ayesha Khan Democracy Forward Foundation (DC-NA) Post Office Box 34553 Washington, DC 20043 **NA** 202-448-9090 Fax: 202-921-4875 Email: akhan@democracyforward.org PRO HAC VICE ATTORNEY TO BE NOTICED Jessica Anne Morton Democracy Forward Foundation (DC-NA) Post Office Box 34553 Washington, DC 20043 **NA** (202) 448-9090 Email: jmorton@democracyforward.org PRO HAC VICE ATTORNEY TO BE NOTICED Jyoti Jasrasaria Democracy Forward Foundation (DC-NA) Post Office Box 34553 Washington, DC 20043 **NA** 202-448-9090 Fax: 202-921-4875 Email: jjasrasaria@democracyforward.org PRO HAC VICE ATTORNEY TO BE NOTICED Kevin Friedl Democracy Forward Foundation (DC-NA) Post Office Box 34553 Washington, DC 20043 **NA** 202-448-9090 Fax: 202-921-4875 Email: kfriedl@democracyforward.org ATTORNEY TO BE NOTICED Pooja Boisture Democracy Forward Foundation (DC-NA) Post Office Box 34553 Washington, DC 20043 **NA** 202-448-9090 Fax: 202-921-4875 Email: pboisture@democracyforward.org PRO HAC VICE ATTORNEY TO BE NOTICED Robin F. Thurston Democracy Forward Foundation (DC-NA) Post Office Box 34553 Washington, DC 20043 **NA** 202-448-9090 Fax: 202-796-4426 Email: rthurston@democracyforward.org PRO HAC VICE ATTORNEY TO BE NOTICED Skye Perryman Democracy Forward Foundation (DC-NA) Post Office Box 34553 Washington, DC 20043 **NA** 202-448-9090 Fax: 202-921-4875 Email: sperryman@democracyforward.org PRO HAC VICE ATTORNEY TO BE NOTICED Joel L McElvain Democracy Forward Foundation P.O. Box 34553 Washington, DC 20043 202-935-1082 Email: jmcelvain@democracyforward.org ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Jonathan Caravello | represented by | Aman T. George (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ayesha Khan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Jessica Anne Morton (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Jyoti Jasrasaria (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Kevin Friedl (See above for address) ATTORNEY TO BE NOTICED Pooja Boisture (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Robin F. Thurston (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Skye Perryman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Joel L McElvain (See above for address) ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| City of New Haven | represented by | Aman T. George (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ayesha Khan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Jessica Anne Morton (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Jyoti Jasrasaria (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Kevin Friedl (See above for address) ATTORNEY TO BE NOTICED Pooja Boisture (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Robin F. Thurston (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Skye Perryman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Joel L McElvain (See above for address) ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| National Abortion Federation | represented by | Aman T. George (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ayesha Khan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Jessica Anne Morton (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Jyoti Jasrasaria (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Kevin Friedl (See above for address) ATTORNEY TO BE NOTICED Pooja Boisture (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Robin F. Thurston (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Skye Perryman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Joel L McElvain (See above for address) ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| Common Cause | represented by | Aman T. George (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Ayesha Khan (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Jessica Anne Morton (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Jyoti Jasrasaria (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Kevin Friedl (See above for address) ATTORNEY TO BE NOTICED Pooja Boisture (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Robin F. Thurston (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Skye Perryman (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED Joel L McElvain (See above for address) ATTORNEY TO BE NOTICED |
| Defendant | ||
| Department of Justice | ||
| Defendant | ||
| Todd Blanche In his official capacity as Acting Attorney General | ||
| Defendant | ||
| Stanley Woodward, Jr. In his official capacity as Associate Attorney General | ||
| Defendant | ||
| Department of the Treasury | ||
| Defendant | ||
| Scott Bessent In his official capacity as Secretary of the Treasury | ||
| Defendant | ||
| Anti-Weaponization Fund | ||
| Date Filed | # | Docket Text |
|---|---|---|
| 05/22/2026 | 1 | Complaint for Declaratory and Injunctive Relief ( Filing fee $ 405, receipt number AVAEDC-11016521.), filed by City of New Haven, Jonathan Caravello, Andrew Floyd, National Abortion Federation, Common Cause. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4Exhibit C, # 5 Exhibit D)(McElvain, Joel) (Entered: 05/22/2026) |
| 05/22/2026 | 2 | Proposed Summons re 1 Complaint, by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation (McElvain, Joel) (Entered: 05/22/2026) |
| 05/22/2026 | 3 | Financial Interest Disclosure Statement (Local Rule 7.1) by National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026) |
| 05/22/2026 | 4 | Financial Interest Disclosure Statement (Local Rule 7.1) by Common Cause. (McElvain, Joel) (Entered: 05/22/2026) |
| 05/22/2026 | 5 | Motion to appear Pro Hac Vice by Aman George and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017275. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026) |
| 05/22/2026 | 6 | Motion to appear Pro Hac Vice by Jyoti Jasrasaria and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017294. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Supplement Full District Court Admissions List)(McElvain, Joel) (Entered: 05/22/2026) |
| 05/22/2026 | 7 | Motion to appear Pro Hac Vice by Ayesha Khan and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017338. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Supplement Full List of District Court Admissions)(McElvain, Joel) (Entered: 05/22/2026) |
| 05/22/2026 | 8 | Motion to appear Pro Hac Vice by Jessica Anne Morton and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017356. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026) |
| 05/22/2026 | 9 | Motion to appear Pro Hac Vice by Kevin Friedl and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017365. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026) |
| 05/22/2026 | 10 | Motion to appear Pro Hac Vice by Pooja Boisture and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017371. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026) |
| 05/22/2026 | 11 | Motion to appear Pro Hac Vice by Robin Frances Thurston and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11017474. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/22/2026) |
| 05/22/2026 | Initial Case Assignment to District Judge Leonie M. Brinkema and Magistrate Judge Ivan D. Davis. (Jarb, ) (Entered: 05/26/2026) | |
| 05/24/2026 | 22 | MOTION of Joseph A. Camp for Leave to Intervene as Defendant Pursuant to Fed. R. Civ. P. 24(a) and 24(b). (Attachments: # 1 Proposed Order, # 2 Proposed Answer of Intervenor)(swil) (Entered: 05/28/2026) |
| 05/25/2026 | 23 | Declaration of Joseph A. Camp. (swil) (Entered: 05/28/2026) |
| 05/26/2026 | 12 | Summons Issued as to Anti-Weaponization Fund, Scott Bessent, Todd Blanche, Department of Justice, Department of the Treasury, Stanley Woodward, Jr, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney)(Jarb, ) (Entered: 05/26/2026) |
| 05/26/2026 | 13 | ORDER granting 5 Motion for Pro hac vice Appointed Aman T. George for Jonathan Caravello,Aman T. George for City of New Haven,Aman T. George for Common Cause,Aman T. George for Andrew Floyd,Aman T. George for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026) |
| 05/26/2026 | 14 | ORDER granting 6 Motion for Pro hac vice Appointed Jyoti Jasrasaria for Jonathan Caravello,Jyoti Jasrasaria for City of New Haven,Jyoti Jasrasaria for Common Cause,Jyoti Jasrasaria for Andrew Floyd. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026) |
| 05/26/2026 | 15 | ORDER granting 7 Motion for Pro hac vice Appointed Ayesha Khan for Jonathan Caravello,Ayesha Khan for City of New Haven,Ayesha Khan for Common Cause,Ayesha Khan for Andrew Floyd. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026) |
| 05/26/2026 | 16 | ORDER granting 8 Motion for Pro hac vice Appointed Jessica Anne Morton for Jonathan Caravello,Jessica Anne Morton for City of New Haven,Jessica Anne Morton for Common Cause,Jessica Anne Morton for Andrew Floyd. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026) |
| 05/26/2026 | 17 | ORDER granting 9 Motion for Pro hac vice Appointed Kevin Friedl for Jonathan Caravello,Kevin Friedl for City of New Haven,Kevin Friedl for Common Cause,Kevin Friedl for Andrew Floyd,Kevin Friedl for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026) |
| 05/26/2026 | 18 | ORDER granting 10 Motion for Pro hac vice Appointed Pooja Boisture for Jonathan Caravello,Pooja Boisture for City of New Haven,Pooja Boisture for Common Cause,Pooja Boisture for Andrew Floyd,Pooja Boisture for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026) |
| 05/26/2026 | 19 | ORDER granting 11 Motion for Pro hac vice Appointed Robin F. Thurston for Jonathan Caravello,Robin F. Thurston for City of New Haven,Robin F. Thurston for Common Cause,Robin F. Thurston for Andrew Floyd,Robin F. Thurston for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/26/2026) |
| 05/26/2026 | 20 | Motion to appear Pro Hac Vice by Skye Perryman and Certification of Local Counsel Joel McElvain Filing fee $ 75, receipt number AVAEDC-11020889. by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (McElvain, Joel) (Entered: 05/26/2026) |
| 05/26/2026 | 21 | ORDER granting 20 Motion for Pro hac vice Appointed Skye Perryman for Jonathan Caravello,Skye Perryman for City of New Haven,Skye Perryman for Common Cause,Skye Perryman for Andrew Floyd,Skye Perryman for National Abortion Federation. Signed by District Judge Leonie M. Brinkema on 5/26/2026. (swil) (Entered: 05/27/2026) |
| 05/28/2026 | 24 | MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Entered: 05/28/2026) |
| 05/28/2026 | 25 | Memorandum in Support re 24 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing filed by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit)(McElvain, Joel) (Entered: 05/28/2026) |
| 05/28/2026 | 26 | Notice of Hearing Date set for June 5, 2026 re 24 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing (McElvain, Joel) (Entered: 05/28/2026) |
| 05/28/2026 | 27 | MOTION to Stay Under 5 U.S.C. § 705 by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Proposed Order)(McElvain, Joel) (Entered: 05/28/2026) |
| 05/28/2026 | 28 | Memorandum in Support re 27 MOTION to Stay Under 5 U.S.C. § 705 filed by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Affidavit, # 7 Affidavit)(McElvain, Joel) (Entered: 05/28/2026) |
| 05/28/2026 | 29 | Notice of Hearing Date June 5, 2026 re 27 MOTION to Stay Under 5 U.S.C. § 705 (McElvain, Joel) (Entered: 05/28/2026) |
| 05/28/2026 | 30 | MOTION to Set Expedited Briefing Schedule re 24 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing, 27 MOTION to Stay Under 5 U.S.C. § 705 by Jonathan Caravello, City of New Haven, Common Cause, Andrew Floyd, National Abortion Federation. (Attachments: # 1 Exhibit, # 2 Proposed Order)(McElvain, Joel) (Entered: 05/28/2026) |
| 05/29/2026 | 31 | ORDERED that plaintiffs' Expedited Motion, [Dkt. No. 30], is DENIED and defendants request for additional time is GRANTED; however, to ensure that no funds are irreversibly disbursed from the Anti-Weaponization Fund while plaintiffs' Motion is pending. ORDERED that defendants be and are ENJOINED from taking any further action pursuant to the creation or operation of the Anti-Weaponization Fund, which includes the transferring of money to the Fund; the consideration of any claims submitted to the Fund; and the disbursing of any funds from the Fund. ORDERED that defendants file their Opposition to plaintiffs' Motion by close of business on Friday, June 5, 2026. ORDERED that plaintiffs file their Reply by close of business on Wednesday, June 10,2026. ORDERED that the hearing on plaintiffs' Motion currently noticed for Friday, June 5, 2026, at 10:00 am be and is RESET to Friday, June 12, 2026 at 10:00 am. Signed by District Judge Leonie M. Brinkema on 5/29/2026. (kgall) (Entered: 05/29/2026) |
| 05/29/2026 | Set Deadlines as to 24 MOTION for Temporary Restraining Order or in the Alternative, a Preliminary Injunction with Expedited Briefing, 27 MOTION to Stay Under 5 U.S.C. § 705. Motion Hearing set for 6/12/2026 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (kgall) (Entered: 05/29/2026) |
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