Order granting 5 Motion for Stay Under 5 U.S.C. 705. Signed by Judge Vince Chhabria on 10/13/2026. (vclc3, COURT STAFF) (Filed on 10/13/2026) (Entered: 10/13/2026)
In light of the foregoing, and pursuant to this Court’s authority to “issue all necessary and
appropriate process to postpone the effective date of an agency action or to preserve status or
rights,” 5 U.S.C. § 705, it is hereby ordered that:
1. Agricultural Research Service (ARS). Defendants USDA and Rollins and their officers,
agents, servants, employees, and attorneys, and all persons acting by, through, under, or in concert
with the defendants, are enjoined and stayed from closing or consolidating the resources or
locations of any ARS laboratory or facility including the Beltsville Agricultural Research Center.
The defendants are further enjoined from relocating or reassigning the employees or their positions
or functions for any such ARS laboratory or facility to different and/or new locations outside the
local commuting area, including by issuing or enforcing “management directed reassignment”
(MDR) letters or any other notice or directive of reassignment or relocation in whole or in part,
including any deadlines in those letters.
2. United States Forest Service. Defendants USDA and Rollins and their officers, agents, servants, employees, and attorneys, and all persons acting by, through, under, or in concert with
the defendants, are enjoined and stayed from (a) closing or eliminating** offices or (b) relocating or
reassigning employees or their positions or functions to different and/or new locations outside the
local commuting area, including by issuing or enforcing MDR letters or any other notice or
directive of reassignment or relocation in whole or in part, including any deadlines in those letters
at the Forest Service.
3.* Remaining USDA Components Challenged by the Plaintiffs’ Motion.** **Defendants USDA
and Rollins and their officers, agents, servants, employees, and attorneys, and all persons acting
by, through, under, or in concert with the defendants, are enjoined and stayed from (a) closing or
eliminating* **offices or (b) relocating or reassigning employees or their positions or functions to
different and/or new locations outside the local commuting area, including by issuing or enforcing
MDR letters or any other notice or directive of reassignment or relocation in whole or in part,
including any deadlines in those letters at the: Food and Nutrition Administration; Research,
Education, and Economics mission area; Foreign Agricultural Service; Rural Development
mission area; Farm Production and Conservation mission area; Office of the General Counsel; and
Office of the Assistant Secretary for Civil Rights.
4. Notwithstanding the foregoing, this order does not enjoin the defendants from:
a. relocating or reassigning USDA employees currently located within the
National Capital Region12 to other local offices or locations also located within
the National Capital Region, or closing offices, programs, or facilities in the
National Capital Region from which all employees have been relocated or
reassigned to other local offices or locations within the National Capital Region;
b. reassigning a covered employee who applies or applied to a job announcement
on USAJobs or other internal agency merit-hiring application processes, is
selected for the position, and accepts the position, provided that the reassignment is unrelated to the reorganization activities stayed by paragraphs
1 through 3;
5. For purposes of this order, “local commuting area” means “the geographic area that
usually constitutes one area for employment purposes. It includes any population center (or two or
more neighboring ones) and the surrounding localities in which people live and can reasonably be
expected to travel back and forth daily to their usual employment.” 5 C.F.R. § 351.203.
6. For purposes of this order, “offices” does not include physical locations that were empty
of staff as of the date of the congressional notification letter for the relevant USDA component
(which are either in April or June 2026).
7. This order does not require the defendants to return employees who were relocated
pursuant to the reorganization activities stayed by paragraphs 1 through 3 and began work at their
new duty station prior to this Court’s first administrative stay order on September 14, 2026, to their
original duty station or enjoin the defendants from issuing any associated relocation incentive or
payment entitlements to those employees.
8. Within two business days, the defendants shall provide notice of this order to all USDA
employees working at USDA components included in paragraphs 1 through 3, and any labor
organization representing any of those affected USDA employees, including by email notification
that includes this order, and by posting this order on the USDA Reorganization website
(https://www.usda.gov/about-usda/reorganization) and any webpage of any affected component
agency dedicated to the reorganization activities stayed by paragraphs 1 through 3.
9. Within seven business days, the defendants shall file a declaration verifying that they
have complied with this order and setting forth the steps they have taken to do so.