Case: Turner v. U.S. Agency for Global Media

1:20-cv-02885 | U.S. District Court for the District of Columbia

Filed Date: Oct. 8, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

On October 8, 2020, former civil servants at the U.S. Agency for Global Media (the Agency) filed this lawsuit in the U.S. District Court for the District of Columbia. The former employees sued the Agency under the Administrative Procedure Act, 5 U.S.C. § 706, and further alleged that the Agency violated the First Amendment rights of the Agency's journalists. Finally, they alleged that the Agency violated 22 U.S.C. § 6204 and 22 C.F.R. 531.3, rules that are aimed at protecting the professional i…

On October 8, 2020, former civil servants at the U.S. Agency for Global Media (the Agency) filed this lawsuit in the U.S. District Court for the District of Columbia. The former employees sued the Agency under the Administrative Procedure Act, 5 U.S.C. § 706, and further alleged that the Agency violated the First Amendment rights of the Agency's journalists. Finally, they alleged that the Agency violated 22 U.S.C. § 6204 and 22 C.F.R. 531.3, rules that are aimed at protecting the professional independence of the Agency's broadcasting networks.

Represented by private counsel, the former civil servants sought injunctive relief. They claimed that several new administrators installed by the Trump administration had breached statutory and regulatory firewalls in order to impermissibly chill the speech of the Agency's various overseas news networks. Specifically, they claimed that the Agency's newly-installed CEO and other political appointees had violated a statutorily-enshrined practice of separating business activities from the newsroom. They alleged that the CEO was coercing the Agency's broadcast networks into dropping news coverage that was seen as critical of former-President Trump. The former civil servants claimed that this coercion was accomplished by removing senior editors at the broadcasting networks, refusing to sponsor J-1 visas for foreign reporters, and meddling in newsroom meetings, among other actions.

The former civil servants filed an amended complaint on November 4, 2020. They added another claim under the Administrative Procedure Act, alleging that the Agency's rescission of 22 C.F.R. 531.3 on October 26, 2020 was arbitrary and capricious. They also added a claim that alleged the Agency had taken actions outside its statutorily delegated authority.

Judge Beryl A. Howell granted the former employee's request for a preliminary injunction on November 20, 2020. The injunction barred the Agency and the named defendants from interfering with personnel decisions, communicating with journalists, and conducting investigations into journalistic content except as provided by statute and internal procedures. 2020 WL 6822780.

The Agency appealed the injunction on December 17, 2020. The last action in the case was an order to terminate one of the plaintiffs due to their voluntary dismissal on January 21, 2021. This case is ongoing pending the appeal of the preliminary injunction.

Summary Authors

Casey D'Alesandro (2/11/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/18521917/parties/turner-v-us-agency-for-global-media/


Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorneys(s) for Plaintiff

Ahmad, Zainab Naeem (New York)

Boutrous, Theodore J. Jr. (California)

Crain, Lee Ross (New York)

Denerstein, Mylan Lee (New York)

Grossbaum, Alexandra (New York)

Kole, Lauren (Colorado)

Lipshutz, Joshua S. (District of Columbia)

Attorneys(s) for Defendant

Knapp, Michael Fraser (District of Columbia)

Lynch, Christopher M (District of Columbia)

Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorneys(s) for Plaintiff

Ahmad, Zainab Naeem (New York)

Boutrous, Theodore J. Jr. (California)

Crain, Lee Ross (New York)

Denerstein, Mylan Lee (New York)

Grossbaum, Alexandra (New York)

Kole, Lauren (Colorado)

Lipshutz, Joshua S. (District of Columbia)

Attorneys(s) for Defendant

Knapp, Michael Fraser (District of Columbia)

Lynch, Christopher M (District of Columbia)

Other Attorney(s)

Brown, Bruce D (District of Columbia)

Craig, Matthew J (New York)

Hecker, Sean (New York)

Matz, Joshua Adam (New York)

Rottman, Gabriel (District of Columbia)

Townsend, KatieLynn (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Jan. 21, 2021 Docket
1

Complaint

Oct. 8, 2020 Complaint
22-1

Brief of the Reporters Committee for Freedom of the Press and 16 Media Organizations as Amici Curiae Supporting Plaintiffs' Motion for a Preliminary Injunction

Oct. 22, 2020 Pleading / Motion / Brief
36

Amended Complaint

Nov. 4, 2020 Complaint
45

Memorandum Opinion

502 F.Supp.3d 333, 2020 WL 6822780

Nov. 20, 2020 Order/Opinion
44

Order

Nov. 20, 2020 Order/Opinion

Resources

Title Description External URL

Grant Turner v. U.S. Agency for Global Media

Global Freedom of Expression

The United States (U.S.) District Court for the District of Columbia granted a motion for a preliminary injunction against the defendants in respect of actions taken by them within the U.S. Agency fo… Jan. 1, 2021 https://globalfreedomofexpression.columbia.edu/cases/grant-turner-v-u-s-agency-for-global-media/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/18521917/turner-v-us-agency-for-global-media/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against DIANE CULLO, SAMUEL E. DEWEY, MORVARED NAMDARKHAN, EMILY NEWMAN, MICHAEL PACK, U.S. AGENCY FOR GLOBAL MEDIA, FRANK WUCO with Jury Demand ( Filing fee $ 400 receipt number ADCDC-7692377) filed by SHAWN POWERS, MARIE LENNON, GRANT TURNER, MATTHEW WALSH, HOANG OANH TRAN. (Attachments: # 1 Civil Cover Sheet, # 2 Summons - U.S. Agency for Global Media, # 3 Summons - Michael Pack, # 4 Summons - Samuel E. Dewey, # 5 Summons - Diane Cullo, # 6 Summons - Emily Newman, # 7 Summons - Morvared Namdarkhan a/k/a Mora Namdar, # 8 Summons - Frank Wuco)(Boutrous, Theodore) (Entered: 10/08/2020)

1 Civil Cover Sheet

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2 Summons - U.S. Agency for Global Media

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3 Summons - Michael Pack

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4 Summons - Samuel E. Dewey

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5 Summons - Diane Cullo

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6 Summons - Emily Newman

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7 Summons - Morvared Namdarkhan a/k/a Mora Namdar

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8 Summons - Frank Wuco

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Oct. 8, 2020 RECAP
2

NOTICE of Appearance by Theodore J. Boutrous, Jr on behalf of MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Boutrous, Theodore) (Entered: 10/08/2020)

Oct. 8, 2020 PACER
3

NOTICE of Appearance by Lee Ross Crain on behalf of MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Crain, Lee) (Entered: 10/08/2020)

Oct. 8, 2020 PACER
4

NOTICE of Appearance by Joshua S. Lipshutz on behalf of MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Lipshutz, Joshua) (Entered: 10/08/2020)

Oct. 8, 2020 PACER
5

NOTICE OF RELATED CASE by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH. Case related to Case No. 20-cv-1710. (Boutrous, Theodore) (Entered: 10/08/2020)

Oct. 8, 2020 PACER
6

Ex Parte MOTION for Leave to File Complaint Using Counsel's Address in Violation of LCVR 5.1(e) by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Attachments: # 1 Declaration of Lee R. Crain, # 2 Text of Proposed Order)(Crain, Lee) (Entered: 10/08/2020)

Oct. 8, 2020 PACER
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mylan L. Denerstein, Filing fee $ 100, receipt number ADCDC-7693018. Fee Status: Fee Paid. by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Attachments: # 1 Exhibit A- Declaration of Mylan L. Denerstein, # 2 Text of Proposed Order)(Crain, Lee) (Entered: 10/08/2020)

Oct. 8, 2020 PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lauren M. Kole, Filing fee $ 100, receipt number ADCDC-7693035. Fee Status: Fee Paid. by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Attachments: # 1 Exhibit A- Declaration of Lauren M. Kole, # 2 Text of Proposed Order)(Crain, Lee) (Entered: 10/08/2020)

Oct. 8, 2020 PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alexandra L. Grossbaum, Filing fee $ 100, receipt number ADCDC-7693117. Fee Status: Fee Paid. by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Attachments: # 1 Exhibit A- Declaration of Alexandra L. Grossbaum, # 2 Text of Proposed Order)(Crain, Lee) (Entered: 10/08/2020)

Oct. 8, 2020 PACER

Case Assigned/Reassigned

Oct. 9, 2020 PACER

Case Assigned to Chief Judge Beryl A. Howell. (adh, )

Oct. 9, 2020 PACER
10

SUMMONS (7) Issued Electronically as to DIANE CULLO, SAMUEL E. DEWEY, MORVARED NAMDARKHAN, EMILY NEWMAN, MICHAEL PACK, U.S. AGENCY FOR GLOBAL MEDIA, FRANK WUCO. (Attachment: # 1 Notice and Consent)(adh, ) (Entered: 10/09/2020)

Oct. 9, 2020 PACER
11

STANDING ORDER. Signed by Chief Judge Beryl A. Howell on October 10, 2020. (lcbah2) (Entered: 10/13/2020)

Oct. 13, 2020 PACER
12

MOTION for Preliminary Injunction by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Attachments: # 1 Memorandum in Support, # 2 Declaration of Lee R. Crain, # 3 Exhibit 1 to Crain Declaration, # 4 Exhibit 2 to Crain Declaration, # 5 Exhibit 3 to Crain Declaration, # 6 Exhibit 4 to Crain Declaration, # 7 Exhibit 5 to Crain Declaration, # 8 Exhibit 6 to Crain Declaration, # 9 Exhibit 7 to Crain Declaration, # 10 Exhibit 8 to Crain Declaration, # 11 Exhibit 9 to Crain Declaration, # 12 Exhibit 10 to Crain Declaration, # 13 Exhibit 11 to Crain Declaration, # 14 Exhibit 12 to Crain Declaration, # 15 Exhibit 13 to Crain Declaration, # 16 Exhibit 14 to Crain Declaration, # 17 Exhibit 15 to Crain Declaration, # 18 Exhibit 16 to Crain Declaration, # 19 Exhibit 17 to Crain Declaration, # 20 Exhibit 18 to Crain Declaration, # 21 Exhibit 19 to Crain Declaration, # 22 Exhibit 20 to Crain Declaration, # 23 Exhibit 21 to Crain Declaration, # 24 Exhibit 22 to Crain Declaration, # 25 Exhibit 23 to Crain Declaration, # 26 Exhibit 24 to Crain Declaration, # 27 Exhibit 25 to Crain Declaration, # 28 Exhibit 26 to Crain Declaration, # 29 Exhibit 27 to Crain Declaration, # 30 Exhibit 28 to Crain Declaration, # 31 Exhibit 29 to Crain Declaration, # 32 Exhibit 30 to Crain Declaration, # 33 Exhibit 31 to Crain Declaration, # 34 Exhibit 32 to Crain Declaration, # 35 Exhibit 33 to Crain Declaration, # 36 Exhibit 34 to Crain Declaration, # 37 Exhibit 35 to Crain Declaration, # 38 Exhibit 36 to Crain Declaration, # 39 Exhibit 37 to Crain Declaration, # 40 Exhibit 38 to Crain Declaration, # 41 Exhibit 39 to Crain Declaration, # 42 Exhibit 40 to Crain Declaration, # 43 Exhibit 41 to Crain Declaration, # 44 Exhibit 42 to Crain Declaration, # 45 Exhibit 43 to Crain Declaration, # 46 Exhibit 44 to Crain Declaration, # 47 Exhibit 45 to Crain Declaration, # 48 Exhibit 46 to Crain Declaration, # 49 Exhibit 47 to Crain Declaration, # 50 Exhibit 48 to Crain Declaration, # 51 Exhibit 49 to Crain Declaration, # 52 Exhibit 50 to Crain Declaration, # 53 Exhibit 51 to Crain Declaration, # 54 Exhibit 52 to Crain Declaration, # 55 Exhibit 53 to Crain Declaration, # 56 Exhibit 54 to Crain Declaration, # 57 Exhibit 55 to Crain Declaration, # 58 Exhibit 56 to Crain Declaration, # 59 Exhibit 57 to Crain Declaration, # 60 Declaration of Amanda Bennett, # 61 Declaration of Grant Turner, # 62 Declaration of John Coe, # 63 Declaration of John Doe, # 64 Declaration of John Roe, # 65 Declaration of Kathleen Carroll, # 66 Declaration of Marie Lennon, # 67 Declaration of Matthew Walsh, # 68 Declaration of Oanh Tran, # 69 Declaration of Sandy Sugawara, # 70 Declaration of Shawn Powers, # 71 Declaration of Steve Capus, # 72 Text of Proposed Order)(Boutrous, Theodore) (Entered: 10/13/2020)

1

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Oct. 13, 2020 PACER

MINUTE ORDER (paperless) DIRECTING the parties to confer and jointly submit to the Court, by 10:00 AM on October 16, 2020, a proposed schedule for briefing and a hearing on plaintiffs' 12 Motion for Preliminary Injunction. Signed by Chief Judge Beryl A. Howell on October 14, 2020. (lcbah3)

Oct. 14, 2020 PACER

Order

Oct. 14, 2020 PACER

Order on Motion for Leave to File

Oct. 14, 2020 PACER

MINUTE ORDER (paperless) GRANTING plaintiffs' 6 Ex Parte Motion for Leave to File Complaint Using Counsel's Address in Violation of Local Civil Rule 5.1(e). It is hereby ORDERED that plaintiffs' complaint is accepted and deemed filed, and plaintiffs may proceed using their counsel's address in all submissions connected to this action until such time as this Court orders, or the parties stipulate, otherwise. Signed by Chief Judge Beryl A. Howell on October 14, 2020. (lcbah3)

Oct. 14, 2020 PACER

MINUTE ORDER (paperless) GRANTING plaintiffs' 7 Motion for Admission Pro Hac Vice. Ms. Denerstein may enter an appearance pro hac vice for the purpose of representing plaintiffs in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Chief Judge Beryl A. Howell on October 14, 2020. (lcbah3)

Oct. 14, 2020 PACER

MINUTE ORDER (paperless) GRANTING plaintiffs' 8 Motion for Admission Pro Hac Vice. Ms. Kole may enter an appearance pro hac vice for the purpose of representing plaintiffs in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Chief Judge Beryl A. Howell on October 14, 2020. (lcbah3)

Oct. 14, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 14, 2020 PACER

MINUTE ORDER (paperless) GRANTING plaintiffs' 9 Motion for Admission Pro Hac Vice. Ms. Grossbaum may enter an appearance pro hac vice for the purpose of representing plaintiffs in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Chief Judge Beryl A. Howell on October 14, 2020. (lcbah3)

Oct. 14, 2020 PACER

.Order

Oct. 14, 2020 PACER

Set/Reset Deadlines

Oct. 15, 2020 PACER

Set/Reset Deadlines: Joint response to Order of the Court due by 10:00 AM on 10/16/2020. (ztg)

Oct. 15, 2020 PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Zainab N. Ahmad, Filing fee $ 100, receipt number ADCDC-7717314. Fee Status: Fee Paid. by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Attachments: # 1 Exhibit A- Declaration of Zainab N. Ahmad, # 2 Text of Proposed Order)(Crain, Lee) (Entered: 10/15/2020)

Oct. 15, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Oct. 15, 2020 PACER

MINUTE ORDER (paperless) GRANTING plaintiffs' 13 Motion for Admission Pro Hac Vice. Ms. Ahmad may enter an appearance pro hac vice for the purpose of representing plaintiffs in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Chief Judge Beryl A. Howell on October 15, 2020. (lcbah3)

Oct. 15, 2020 PACER
14

NOTICE of Appearance by Mylan L. Denerstein on behalf of MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Denerstein, Mylan) (Entered: 10/15/2020)

Oct. 15, 2020 PACER
15

NOTICE of Appearance by Michael Fraser Knapp on behalf of All Defendants (Knapp, Michael) (Entered: 10/16/2020)

Oct. 16, 2020 PACER

Order

Oct. 16, 2020 PACER
16

NOTICE \ JOINT NOTICE IN RESPONSE TO COURT'S MINUTE ORDER DATED OCTOBER 14, 2020 by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH re Order, (Boutrous, Theodore) (Entered: 10/16/2020)

Oct. 16, 2020 RECAP

Set/Reset Deadlines/Hearings

Oct. 16, 2020 PACER

MINUTE ORDER (paperless), upon consideration of the parties' 16 Joint Notice in Response to Court's Minute Order Dated October 14, 2020, (1) ISSUING the following SCHEDULING ORDER: (a) by October 26, 2020, defendants shall file their opposition to plaintiffs' 12 Motion for Preliminary Injunction and (b) by October 30, 2020, plaintiffs shall file their reply in support of their 12 Motion for Preliminary Injunction; and (2) DIRECTING the parties to appear at 10:00 AM on November 5, 2020 for a hearing before Chief Judge Beryl A. Howell via videoconference. Videoconference connection details will be provided to counsel by the deputy clerk. Signed by Chief Judge Beryl A. Howell on October 16, 2020. (lcbah3)

Oct. 16, 2020 PACER

Set/Reset Deadlines/Hearings: Defendants' opposition to plaintiffs' Motion for Preliminary Injunction due by 10/26/2020; plaintiffs' reply due by 10/30/2020; Motion Hearing scheduled for 11/5/2020, at 10:00 AM before Chief Judge Beryl A. Howell. (ztg)

Oct. 16, 2020 PACER

.Order

Oct. 16, 2020 PACER
17

NOTICE of Appearance by Alexandra Grossbaum on behalf of MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Grossbaum, Alexandra) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
18

NOTICE of Appearance by Lauren Kole on behalf of MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Kole, Lauren) (Entered: 10/20/2020)

Oct. 20, 2020 PACER
19

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/16/2020., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/16/2020. ( Answer due for ALL FEDERAL DEFENDANTS by 12/15/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SAMUEL E. DEWEY served on 10/15/2020; MORVARED NAMDARKHAN served on 10/15/2020; EMILY NEWMAN served on 10/15/2020; MICHAEL PACK served on 10/15/2020; U.S. AGENCY FOR GLOBAL MEDIA served on 10/15/2020; FRANK WUCO served on 10/15/2020 (Crain, Lee) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
20

CERTIFICATE OF SERVICE by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH re 12 MOTION for Preliminary Injunction . (Crain, Lee) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
21

CERTIFICATE OF SERVICE by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH re 12 MOTION for Preliminary Injunction . (Crain, Lee) (Entered: 10/21/2020)

Oct. 21, 2020 PACER
22

Consent MOTION for Leave to File Brief as Amici Curiae Supporting Plaintiffs' Motion for a Preliminary Injunction by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Attachments: # 1 Brief of Amici Curiae)(Rottman, Gabriel) (Entered: 10/22/2020)

1 Brief of Amici Curiae

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Oct. 22, 2020 RECAP
23

NOTICE of Appearance by Gabriel Rottman on behalf of REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Rottman, Gabriel) (Entered: 10/22/2020)

Oct. 22, 2020 PACER
24

NOTICE of Appearance by KatieLynn Boyd Townsend on behalf of REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Townsend, KatieLynn) (Entered: 10/22/2020)

Oct. 22, 2020 PACER

Order on Motion for Leave to File

Oct. 23, 2020 PACER

MINUTE ORDER (paperless) GRANTING proposed amici curiae's 22 Consent Motion for Leave to File Brief of the Reporters Committee for Freedom of the Press and 16 Media Organizations as Amici Curiae Supporting Plaintiffs' Motion for a Preliminary Injunction and DIRECTING the Clerk of Court to docket the Brief of the Reporters Committee for Freedom of the Press and 16 Media Organizations as Amici Curiae Supporting Plaintiffs' Motion for a Preliminary Injunction, ECF No. 22-1. Signed by Chief Judge Beryl A. Howell on October 23, 2020. (lcbah3)

Oct. 23, 2020 PACER
25

NOTICE of Appearance by Bruce D. Brown on behalf of REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS (Brown, Bruce) (Entered: 10/23/2020)

Oct. 23, 2020 RECAP
26

AMICUS BRIEF by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (zrdj) (Entered: 10/26/2020)

Oct. 23, 2020 PACER
27

Memorandum in opposition to re 12 MOTION for Preliminary Injunction filed by DIANE CULLO, SAMUEL E. DEWEY, MORVARED NAMDARKHAN, EMILY NEWMAN, MICHAEL PACK, U.S. AGENCY FOR GLOBAL MEDIA, FRANK WUCO. (Attachments: # 1 Declaration of Michael Knapp, # 2 Exhibit 1 to Knapp Decl. (USAGM Final Rule), # 3 Declaration of Michael Pack, # 4 Exhibit 1 to Pack Decl. (2016 VOA Report), # 5 Exhibit 2 to Pack Decl. (Aug 5, 2020 STA Transcript), # 6 Text of Proposed Order)(Knapp, Michael) (Entered: 10/26/2020)

1 Declaration of Michael Knapp

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2 Exhibit 1 to Knapp Decl. (USAGM Final Rule)

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3 Declaration of Michael Pack

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4 Exhibit 1 to Pack Decl. (2016 VOA Report)

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5 Exhibit 2 to Pack Decl. (Aug 5, 2020 STA Transcript)

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6 Text of Proposed Order

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Oct. 26, 2020 RECAP
28

NOTICE of Appearance by Christopher M. Lynch on behalf of All Defendants (Lynch, Christopher) (Entered: 10/27/2020)

Oct. 27, 2020 PACER
29

Consent MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Preliminary Injunction by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Attachments: # 1 Text of Proposed Order)(Boutrous, Theodore) (Entered: 10/28/2020)

Oct. 28, 2020 PACER

MINUTE ORDER (paperless) GRANTING plaintiffs' 29 Consent Motion for Extension of Time to File Response/Reply and MODIFYING the Scheduling Order previously issued in this case, see Min. Order (Oct. 16, 2020), as follows: by 2:00 PM on November 2, 2020, plaintiffs shall file their reply in support of their 12 Motion for Preliminary Injunction. Signed by Chief Judge Beryl A. Howell on October 28, 2020. (lcbah3)

Oct. 28, 2020 PACER

Order on Motion for Extension of Time to File Response/Reply

Oct. 28, 2020 PACER

Set/Reset Deadlines: Reply in support of 12 Motion for Preliminary Injunction due by 2:00 PM on 11/2/2020. (ztg)

Oct. 29, 2020 PACER

Set/Reset Deadlines

Oct. 29, 2020 PACER
30

REPLY to opposition to motion re 12 MOTION for Preliminary Injunction filed by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH. (Attachments: # 1 Declaration of Lee Crain, # 2 Exhibit 1 of Crain Declaration - Background, # 3 Exhibit 2 of Crain Declaration - Statement, # 4 Exhibit 3 of Crain Declaration - Statement, # 5 Exhibit 4 of Crain Declaration - Statement, # 6 Exhibit 5 of Crain Declaration - Statement, # 7 Exhibit 6 of Crain Declaration - Article, # 8 Declaration of Nicholas J. Cull, # 9 Exhibit A of Cull Declaration - Resume, # 10 Declaration of Grant Turner, # 11 Declaration of Shawn Powers)(Boutrous, Theodore) (Entered: 11/02/2020)

1 Declaration of Lee Crain

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2 Exhibit 1 of Crain Declaration - Background

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3 Exhibit 2 of Crain Declaration - Statement

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4 Exhibit 3 of Crain Declaration - Statement

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5 Exhibit 4 of Crain Declaration - Statement

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6 Exhibit 5 of Crain Declaration - Statement

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7 Exhibit 6 of Crain Declaration - Article

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8 Declaration of Nicholas J. Cull

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9 Exhibit A of Cull Declaration - Resume

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10 Declaration of Grant Turner

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11 Declaration of Shawn Powers

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Nov. 2, 2020 RECAP
31

NOTICE of Appearance by Joshua Adam Matz on behalf of Eliot Engel (Matz, Joshua) (Entered: 11/03/2020)

Nov. 3, 2020 PACER
32

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sean Hecker, Filing fee $ 100, receipt number ADCDC-7793789. Fee Status: Fee Paid. by Eliot Engel (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Matz, Joshua) (Entered: 11/03/2020)

Nov. 3, 2020 PACER
33

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Matthew J. Craig, Filing fee $ 100, receipt number ADCDC-7793862. Fee Status: Fee Paid. by Eliot Engel (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Matz, Joshua) (Entered: 11/03/2020)

Nov. 3, 2020 PACER
34

MOTION for Leave to File Brief of Congressman Eliot Engel as Amicus Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction by Eliot Engel (Attachments: # 1 Exhibit A - Proposed Brief, # 2 Text of Proposed Order)(Matz, Joshua) (Entered: 11/03/2020)

Nov. 3, 2020 PACER

MINUTE ORDER (paperless) proposed amicus curiae's 32 Motion for Admission Pro Hac Vice. Mr. Hecker may enter an appearance pro hac vice for the purpose of representing proposed amicus curiae in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Chief Judge Beryl A. Howell on November 3, 2020. (lcbah3)

Nov. 3, 2020 PACER

MINUTE ORDER (paperless) GRANTING proposed amicus curiae's 33 Motion for Admission Pro Hac Vice. Mr. Craig may enter an appearance pro hac vice for the purpose of representing proposed amicus curiae in this action. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Chief Judge Beryl A. Howell on November 3, 2020. (lcbah 3)

Nov. 3, 2020 PACER

MINUTE ORDER (paperless) GRANTING proposed amicus curiae's 34 Motion for Leave to File Brief of Congressman Eliot Engel as Amicus Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction and DIRECTING the Clerk of Court to docket the Brief of Congressman Eliot Engel as Amicus Curiae in Support of Plaintiffs' Motion for a Preliminary Injunction, ECF No. 34-1. Signed by Chief Judge Beryl A. Howell on November 3, 2020. (lcbah3)

Nov. 3, 2020 PACER
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AMICUS BRIEF by ELIOT ENGEL. (zrdj) (Entered: 11/04/2020)

Nov. 3, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 3, 2020 PACER

Order on Motion for Leave to File

Nov. 3, 2020 PACER
35

NOTICE of Appearance by Zainab Naeem Ahmad on behalf of MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Ahmad, Zainab) (Entered: 11/04/2020)

Nov. 4, 2020 PACER
36

AMENDED COMPLAINT against DIANE CULLO, SAMUEL E. DEWEY, MORVARED NAMDARKHAN, EMILY NEWMAN, MICHAEL PACK, U.S. AGENCY FOR GLOBAL MEDIA, FRANK WUCO with Jury Demand filed by SHAWN POWERS, MARIE LENNON, GRANT TURNER, MATTHEW WALSH, HOANG OANH TRAN, KELU CHAO. (Attachments: # 1 Exhibit 1 - Redline version of the Amended Complaint)(Boutrous, Theodore) (Entered: 11/04/2020)

1 Exhibit 1 - Redline version of the Amended Complaint

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Nov. 4, 2020 RECAP
37

NOTICE OF JOINDER OF PLAINTIFF KELU CHAO IN PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION by KELU CHAO, MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH re 12 MOTION for Preliminary Injunction (Boutrous, Theodore) (Entered: 11/04/2020)

Nov. 4, 2020 PACER

Minute Entry for proceedings held before Chief Judge Beryl A. Howell: Motion Hearing held on 11/5/2020 re 12 MOTION for Preliminary Injunction filed by MARIE LENNON, SHAWN POWERS, GRANT TURNER, HOANG OANH TRAN, MATTHEW WALSH. Supplementary briefing by the government due by 5:00 PM on November 10, 2020; plaintiffs' response to the government's supplementary briefing due by 5:00 PM on November 12, 2020. (Court Reporter Elizabeth Saint-Loth.) (ztg)

Nov. 5, 2020 PACER

Motion Hearing

Nov. 5, 2020 PACER
39

TRANSCRIPT OF PROCEEDINGS, before Chief Judge Beryl A. Howell, held on 11-05-2020. Page Numbers: 1 - 85. Date of Issuance: 11-07-2020. Court Reporter: Elizabeth SaintLoth; Telephone number: 202-354-3242. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/28/2020. Redacted Transcript Deadline set for 12/8/2020. Release of Transcript Restriction set for 2/5/2021.(Saint-Loth, Elizabeth) (Entered: 11/07/2020)

Nov. 7, 2020 PACER
40

NOTICE of Appearance by Sean Hecker on behalf of ELIOT ENGEL (Hecker, Sean) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
41

NOTICE of Appearance by Matthew J. Craig on behalf of ELIOT ENGEL (Craig, Matthew) (Entered: 11/09/2020)

Nov. 9, 2020 PACER
42

SUPPLEMENTAL MEMORANDUM to re 12 MOTION for Preliminary Injunction filed by DIANE CULLO, SAMUEL E. DEWEY, MORVARED NAMDARKHAN, EMILY NEWMAN, MICHAEL PACK, U.S. AGENCY FOR GLOBAL MEDIA, FRANK WUCO. (Knapp, Michael) (Entered: 11/10/2020)

Nov. 10, 2020 RECAP
43

SUPPLEMENTAL MEMORANDUM to re 12 MOTION for Preliminary Injunction filed by KELU CHAO, MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH. (Attachments: # 1 Second Declaration of Kelu Chao, # 2 Exhibit A to Chao Declaration, # 3 Text of Proposed Order)(Boutrous, Theodore) (Entered: 11/12/2020)

1 Second Declaration of Kelu Chao

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2 Exhibit A to Chao Declaration

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3 Text of Proposed Order

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Nov. 12, 2020 RECAP
44

ORDER GRANTING IN PART and DENYING IN PART plaintiffs' 12 Motion for Preliminary Injunction. See Order for further details. Signed by Chief Judge Beryl A. Howell on November 20, 2020. (lcbah3) (Entered: 11/20/2020)

Nov. 20, 2020 RECAP
45

MEMORANDUM OPINION regarding plaintiffs' 12 Motion for Preliminary Injunction. Signed by Chief Judge Beryl A. Howell on November 20, 2020. (lcbah3) (Entered: 11/20/2020)

Nov. 20, 2020 RECAP
46

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 44 Order on Motion for Preliminary Injunction by U.S. AGENCY FOR GLOBAL MEDIA, MORVARED NAMDARKHAN, MICHAEL PACK, DIANE CULLO, SAMUEL E. DEWEY, EMILY NEWMAN, FRANK WUCO. Fee Status: No Fee Paid. Parties have been notified. (Knapp, Michael) (Entered: 12/17/2020)

Dec. 17, 2020 PACER
47

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 46 Notice of Appeal to DC Circuit Court,. (eg) (Entered: 12/18/2020)

Dec. 18, 2020 PACER

USCA Case Number 20-5374 for 46 Notice of Appeal to DC Circuit Court, filed by EMILY NEWMAN, DIANE CULLO, MICHAEL PACK, MORVARED NAMDARKHAN, U.S. AGENCY FOR GLOBAL MEDIA, FRANK WUCO, SAMUEL E. DEWEY. (zjf)

Dec. 18, 2020 PACER

USCA Case Number

Dec. 20, 2020 PACER
48

Joint MOTION to Stay Proceedings Pending Appeal by DIANE CULLO, SAMUEL E. DEWEY, MORVARED NAMDARKHAN, EMILY NEWMAN, MICHAEL PACK, U.S. AGENCY FOR GLOBAL MEDIA, FRANK WUCO (Attachments: # 1 Text of Proposed Order)(Knapp, Michael) (Entered: 12/21/2020)

1 Text of Proposed Order

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Dec. 21, 2020 RECAP

MINUTE ORDER (paperless) GRANTING the parties' 48 Joint Motion to Stay Proceedings Pending Appeal. The parties shall, within thirty (30) days of the D.C. Circuit's resolution of this appeal, file a joint status report proposing a schedule to govern further proceedings in this matter. Signed by Chief Judge Beryl A. Howell on December 21, 2020. (lcbah3)

Dec. 21, 2020 PACER

.Order

Dec. 21, 2020 PACER
49

NOTICE Pursuant to D.C. Circuit Rule 47.2(a) by DIANE CULLO, SAMUEL E. DEWEY, MORVARED NAMDARKHAN, EMILY NEWMAN, MICHAEL PACK, U.S. AGENCY FOR GLOBAL MEDIA, FRANK WUCO (Attachments: # 1 Exhibit Letter to Clerk of Court)(Knapp, Michael) (Entered: 12/29/2020)

1 Exhibit Letter to Clerk of Court

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Dec. 29, 2020 RECAP
50

NOTICE OF WITHDRAWAL OF APPEARANCE as to ELIOT ENGEL. Attorney Joshua Adam Matz terminated. (Matz, Joshua) (Entered: 01/15/2021)

Jan. 15, 2021 PACER
51

NOTICE of Voluntary Dismissal by KELU CHAO (Boutrous, Theodore) (Entered: 01/20/2021)

Jan. 20, 2021 RECAP

MINUTE ORDER (paperless) DIRECTING the Clerk to terminate plaintiff Kelu Chao, in light of her 51 Notice of Voluntary Dismissal Without Prejudice. Federal Rule of Civil Procedure 41(a)(1)(A)(i) permits a plaintiff to voluntarily dismiss a civil suit without a court order by filing "a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment." Accordingly, plaintiff Kelu Chao is dismissed without prejudice. Signed by Chief Judge Beryl A. Howell on January 21, 2021. (lcbah3)

Jan. 21, 2021 PACER

.Order

Jan. 22, 2021 PACER
52

NOTICE OF WITHDRAWAL OF APPEARANCE as to MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH. Attorney Alexandra Grossbaum terminated. (Grossbaum, Alexandra) (Entered: 04/23/2021)

April 23, 2021 PACER
53

Joint MOTION to Lift Stay of Proceedings and to Dissolve the Court's Preliminary Injunction by KELU CHAO, MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH. (Boutrous, Theodore) (Entered: 05/07/2021)

May 7, 2021 RECAP

MINUTE ORDER (paperless) GRANTING the parties' 53 Joint Motion to Lift Stay of Proceedings and to Dissolve the Court's Preliminary Injunction, LIFTING the stay of this matter, and DISSOLVING the 44 Order granting in part and denying in part plaintiffs' 12 Motion for Preliminary Injunction. Signed by Chief Judge Beryl A. Howell on May 7, 2021. (lcbah3)

May 7, 2021 PACER

Order on Motion to Lift Stay

May 7, 2021 PACER
54

NOTICE of Voluntary Dismissal by MARIE LENNON, SHAWN POWERS, HOANG OANH TRAN, GRANT TURNER, MATTHEW WALSH (Boutrous, Theodore) (Entered: 05/17/2021)

May 17, 2021 PACER

MINUTE ORDER (paperless) DISMISSING this matter, without prejudice, in light of the plaintiffs' 54 Notice of Voluntary Dismissal. See Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of the Court is directed to close this case. Signed by Chief Judge Beryl A. Howell on May 17, 2021. (lcbah3)

May 17, 2021 PACER
55

MANDATE of USCA as to 46 Notice of Appeal to DC Circuit Court, filed by EMILY NEWMAN, DIANE CULLO, MICHAEL PACK, MORVARED NAMDARKHAN, U.S. AGENCY FOR GLOBAL MEDIA, FRANK WUCO, SAMUEL E. DEWEY ; USCA Case Number 20-5374. (Attachments: # 1 USCA Order)(zjf) (Entered: 05/18/2021)

May 17, 2021 PACER

.Order

May 17, 2021 PACER

State / Territory: District of Columbia

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Oct. 8, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Former civil servants at the U.S. Agency for Global Media

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Agency for Global Media (Washington D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Type of Facility:

Government-run