V.O.S. Selections, Inc. v. Trump

U.S. Court of Appeals for the Federal Circuit

V.O.S. Selections, Inc. v. Trump

Opinion

Case: 25-1812    Document: 53           Page: 1       Filed: 06/13/2025




           NOTE: This order is nonprecedential.


   United States Court of Appeals
       for the Federal Circuit
                  ______________________

   V.O.S. SELECTIONS, INC., PLASTIC SERVICES
    AND PRODUCTS, LLC, DBA GENOVA PIPE,
      MICROKITS, LLC, FISHUSA INC., TERRY
            PRECISION CYCLING LLC,
                Plaintiffs-Appellees

                                  v.

 DONALD J. TRUMP, IN HIS OFFICIAL CAPACITY
     AS PRESIDENT OF THE UNITED STATES,
     EXECUTIVE OFFICE OF THE PRESIDENT,
    UNITED STATES, PETE R. FLORES, ACTING
 COMMISSIONER FOR UNITED STATES CUSTOMS
  AND BORDER PROTECTION, IN HIS OFFICIAL
  CAPACITY AS ACTING COMMISSIONER OF THE
     UNITED STATES CUSTOMS AND BORDER
     PROTECTION, JAMIESON GREER, IN HIS
 OFFICIAL CAPACITY AS UNITED STATES TRADE
   REPRESENTATIVE, OFFICE OF THE UNITED
   STATES TRADE REPRESENTATIVE, HOWARD
     LUTNICK, IN HIS OFFICIAL CAPACITY AS
  SECRETARY OF COMMERCE, UNITED STATES
      CUSTOMS AND BORDER PROTECTION,
               Defendants-Appellants

           -------------------------------------------------

  STATE OF OREGON, STATE OF ARIZONA, STATE
     OF COLORADO, STATE OF CONNECTICUT,
    STATE OF DELAWARE, STATE OF ILLINOIS,
Case: 25-1812   Document: 53     Page: 2   Filed: 06/13/2025




 2                          V.O.S. SELECTIONS, INC. v. TRUMP




 STATE OF MAINE, STATE OF MINNESOTA, STATE
 OF NEVADA, STATE OF NEW MEXICO, STATE OF
       NEW YORK, STATE OF VERMONT,
              Plaintiffs-Appellees

                            v.

 PRESIDENT DONALD J. TRUMP, UNITED STATES
     DEPARTMENT OF HOMELAND SECURITY,
    KRISTI NOEM, SECRETARY OF HOMELAND
    SECURITY, IN HER OFFICIAL CAPACITY AS
      SECRETARY OF THE DEPARTMENT OF
     HOMELAND SECURITY, UNITED STATES
  CUSTOMS AND BORDER PROTECTION, PETE R.
 FLORES, ACTING COMMISSIONER FOR UNITED
  STATES CUSTOMS AND BORDER PROTECTION,
      IN HIS OFFICIAL CAPACITY AS ACTING
     COMMISSIONER FOR U.S. CUSTOMS AND
     BORDER PROTECTION, UNITED STATES,
                Defendants-Appellants
               ______________________

                  2025-1812, 2025-1813
                 ______________________

    Appeals from the United States Court of International
 Trade in Nos. 1:25-cv-00066-GSK-TMR-JAR, 1:25-cv-
 00077-GSK-TMR-JAR, Senior Judge Jane A. Restani,
 Judge Gary S. Katzmann, Judge Timothy M. Reif.
                 ______________________

                     ON MOTION
                 ______________________
Case: 25-1812     Document: 53      Page: 3   Filed: 06/13/2025




 V.O.S. SELECTIONS, INC. v. TRUMP                           3



 Before MOORE, Chief Judge, LOURIE, DYK, PROST, REYNA,
   TARANTO, CHEN, HUGHES, STOLL, CUNNINGHAM, and
                STARK, Circuit Judges. 1
 PER CURIAM.

ORDER

     We are adopting the parties’ jointly proposed briefing
 schedule. Here are the due dates, which reflect the date
 the court must receive the material:
    •    Opening Brief:
            o June 24, 2025 (electronic)
            o June 26, 2025 (paper)
    •    Response Briefs:
            o July 8, 2025 (electronic)
            o July 10, 2025 (paper)
    •    Reply Brief:
            o July 18, 2025 (electronic)
            o July 21, 2025 (paper)
     The V.O.S. and Oregon appellees may file separate re-
 sponse briefs. The parties’ briefs must comply with Fed.
 Cir. R. 32(b)(1); see Microsoft Corp. v. DataTern, Inc., 
755 F.3d 899, 910
 (Fed. Cir. 2014) (“It would be fundamentally
 unfair to allow a party to use incorporation to exceed word
 count.”).
     Any briefs of amicus curiae may be filed without con-
 sent and leave of the court. All amicus briefs must be filed
 on the same day as the principal brief of the party the




     1    Circuit Judge Newman did not participate.
Case: 25-1812    Document: 53      Page: 4    Filed: 06/13/2025




 4                            V.O.S. SELECTIONS, INC. v. TRUMP




 amicus brief supports (tracking the same electronic and pa-
 per dates). Amicus briefs must comply with Fed. Cir. R.
 29(b).
      To the extent possible, the parties should agree on pag-
 ination for the appendix before briefing and each electronic
 filing should be accompanied by an electronic version of the
 cited appendix material. An electronic and paper version
 of the full appendix must be received by the court no later
 than July 23, 2025.
     Oral argument will be held on July 31 at 10:00 a.m. in
 Courtroom 201. Each side will receive 45 minutes (includ-
 ing rebuttal). Counsel for the multiple parties on each side
 should confer and agree on the apportionment of argument
 time.


                                               FOR THE COURT




 June 13, 2025
    Date


Reference

Status
Unpublished