About 45 min after Judge Bastian ordered reinstatement of Roger Rogoff as US Atty for WD Wash, Trump appealed. (Rogoff was appted in July to a persistent vacancy, but Trump fired him < an hour later. Bastian says Rogoff must stay till there's a Senate-confirmed successor.)
![MINUTE ORDER: It is hereby ORDERED that the parties shall appear for a hearing on Plaintiffs' [32] Motion for Preliminary Injunction on October 8, 2026, at 11:00 a.m. in Courtroom 11. Members of the public may attend in person or by telephone. Toll free number: 833-990-9400. Meeting ID:
433360750. It is further ORDERED that those using the public-access telephone line shall adhere to the prohibition against photographing, recording, rebroadcasting, and livestreaming court proceedings, including those held by telephone or videoconference. See Standing Order 24-31 (JEB) (Sep. 18, 2024). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. Signed by Judge Timothy J.
Kelly on 10/01/26.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:vrmx2e5gsi23srsy2n7vljvb/bafkreifokju7rngq67cncawxj63j5pghe76qlbhjmrrhjddo5jgwc6vn2y)
![Undersigned counsel have diligently engaged in a good faith effort to resolve this
issue without court intervention. In response to concerns raised by undersigned counsel, DOJ indicated it would not proactively seek clarification and instead asserted that its work "does not disturb" the Order. DOJ failed to provide any factual explanation or legal authority to support this
assertion. Nor did DOJ provide an explanation for how this position could be reconciled with its prior position, described below, that testimony by a former government employee in response to a subpoena about non-public information would violate the Order. DOJ instead advised undersigned counsel to "simply file [for] whatever relief you [] deem appropriate," adding that it "will answer accordingly." Upon a separate request for clarification of its position as to the relief sought by this. motion, DOJ indicated it "take[s] no position" on the relief sought "and will respond accordingly."](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:vrmx2e5gsi23srsy2n7vljvb/bafkreifcn4blw2ctlggwgw56l3d3vpdujh3a4uku63ue5f45zyntvpilri)
![This appeal has been removed from tentative calendar 6 and will be scheduled for oral argument on Monday, November 2, 2026 at 2:00 p.m. in Atlanta, Georgia. A calendar will be issued separately. [25-14507, 26-10674]
Removed from Tentative Calendar
Calendar issued as to cases to be orally argued on 11/02/2026 in Atlanta, Georgia.
Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF (a document upload is not required). [25-14507, 26-10674]
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Calendar Issued
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Assigned to tentative calendar number 6 in Birmingham during the week of
JANUARY 18, 2027(Please note change of date.). [25-14507, 26-10674] [Entered:
09/21/2026 10:05 AM]
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Assigned to Tentative Calendar
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Assigned to tentative calendar number 6 in Birmingham during the week of January 11, 2027. [25-14507, 26-10674] [Entered: 09/14/2026 12:51 PM]
Main Doc
Assigned to Tentative Calendar](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:vrmx2e5gsi23srsy2n7vljvb/bafkreifgk7mzbmjpipzpxi5n5awez6iuand6tpufksaxdk57ygnotjwuhq)
![As of filing, Mr. Floca has determined that he "will be extending the temporary closure for an additional week, until September 30, 2026," because "the collection of information is ongoing and [he] remaints] concerned about the documented hazards and inability to provide safe egress at this time in light of those hazards."](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:vrmx2e5gsi23srsy2n7vljvb/bafkreid6rvy6jsaj5ydjadyyjjop3patlk45kfrmweezknw35vnlocymmu)
![MINUTE ORDER: In light of Defendants' [27] Supplemental Declaration, it is hereby ORDERED that, to the extent Plaintiffs request an emergency hearing in their [25] Notice, their request is DENIED.
Plaintiffs may file any supplemental notice informing the Court of any relevant factual developments no earlier than 6:00 p.m. today, September 24, 2026. Signed by Judge Timothy J. Kelly on 09/24/26.](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:vrmx2e5gsi23srsy2n7vljvb/bafkreihtqftfa74qcqpas7rd3en7d2uq7rtrbh5w37yev3ozuwpg4dzimi)
![MINUTE ORDER: It is hereby ORDERED that Defendants shall respond to Plaintiffs' [25] Notice of Non-Compliance by 12:30 p.m. today, September 24, 2026. Signed by Judge Timothy J. Kelly on](https://cdn.bsky.app/img/feed_thumbnail/plain/did:plc:vrmx2e5gsi23srsy2n7vljvb/bafkreierivrxs5mt3de3l3vgiirm7x6ieut74ojcrbk26nquy32xsrfm6m)