Case: Public Citizen, Inc. v. Trump

Lentini v. Department of Government Efficiency

Lentini v. Department of Government Efficiency

President Donald Trump

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11416485) filed by PUBLIC CITIZEN, INC., AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, STATE DEMOCRACY DEFENDERS FUND. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Atty Gen, # 3 Summons Donald Trump, # 4 Summons OMB, # 5 Summons USAO - DC)(Joshi, Nandan) (Entered: 01/20/2025)

1 Civil Cover Sheet

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2 Summons Atty Gen

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3 Summons Donald Trump

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4 Summons OMB

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5 Summons USAO - DC

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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by PUBLIC CITIZEN, INC. (Joshi, Nandan) (Entered: 01/20/2025)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by STATE DEMOCRACY DEFENDERS FUND (Joshi, Nandan) (Entered: 01/20/2025)

NOTICE of Appearance by Nicolas Sansone on behalf of All Plaintiffs (Sansone, Nicolas) (Entered: 01/20/2025)

Case Assigned to Judge Jia M. Cobb. (zmtm)

SUMMONS (4) Issued Electronically as to OFFICE OF MANAGEMENT & BUDGET, DONALD J. TRUMP, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 01/21/2025)

1 Notice and Consent

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NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 25-166 & 25-167. (Joshi, Nandan) (Entered: 01/21/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/21/2025. Answer due for ALL FEDERAL DEFENDANTS by 3/22/2025. (Joshi, Nandan) (Entered: 01/22/2025)

NOTICE of Appearance by Bradley P. Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 01/31/2025)

NOTICE of Appearance by Anna Lynn Deffebach on behalf of All Defendants (Deffebach, Anna) (Entered: 02/04/2025)

MOTION to Consolidate Cases by DONALD J. TRUMP, OFFICE OF MANAGEMENT & BUDGET. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 02/04/2025)

1 Text of Proposed Order

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LEAVE TO FILE DENIED- Harold P. Kupersmit, Notice of Intervention This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "Leave to File Denied, This Motion does not comply with local civil rule 7(m).". Signed by Judge Jia M. Cobb on 2/13/2025. (zdp) (Entered: 02/14/2025)

LEAVE TO FILE DENIED- Harold P. Kupersmit, DOGE This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "Leave to file DENIED. This motion does not comply with Local Civil Rule 7(m)". Signed by Judge Jia M. Cobb on 2/13/2025. (zdp) (Entered: 02/14/2025)

Memorandum in opposition to re 10 Motion to Consolidate Cases filed by PUBLIC CITIZEN, INC., STATE DEMOCRACY DEFENDERS FUND, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Text of Proposed Order)(Joshi, Nandan) (Entered: 02/18/2025)

1 Text of Proposed Order

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MINUTE ORDER granting 10 Motion to Consolidate Cases: Defendants move to consolidate Case Nos. 25-cv-164, 25-cv-166, and 25-cv-167. Having considered the motion 10 and Plaintiffs' opposition 13, the Court GRANTS the motion. The parties shall make all future filings in this case (25-cv-164) and shall not "spread text."

MINUTE ORDER granting 10 Motion to Consolidate Cases: Defendants move to consolidate Case Nos. 25-cv-164, 25-cv-166, and 25-cv-167. Having considered the motion 10 and Plaintiffs' opposition 13, the Court GRANTS the motion. The parties shall make all future filings in this case (25-cv-164) and shall not "spread text." A district court may consolidate actions that "involve a common question of law or fact," Fed. R. Civ. P. 42(a), which the parties agree is the case here. See ECF 13 at 3 ("As the government correctly observes, all three cases concern the applicability of the Federal Advisory Committee Act (FACA) to the so-called Department of Government Efficiency (DOGE)."); ECF 10 at 3-4. Further, consolidating these three cases would "promote convenience and judicial economy, simplify management of the cases...and conserve judicial resources." Singh v. Carter, 185 F. Supp. 3d 11, 18 (D.D.C. 2016) (quoting Steele v. United States, No. 14-CV-1523, 2015 WL 4121607, at *2 (D.D.C. June 30, 2015)). Managing a single, streamlined docket allows the Court to communicate effectively with all parties simultaneously, especially given that all three cases are in a similar procedural posture.Plaintiffs' only objection to consolidation is that it would be difficult for them to "file joint papers and act as one going forward." ECF 13 at 3. Accordingly, and because each set of Plaintiffs represents a distinct group, the Court will consolidate these cases - but that does not require Plaintiffs to proceed as one. Each set of Plaintiffs will have leave to file its own motions and briefs unless the Court orders otherwise. Defendants may move for leave to file a single, consolidated response to Plaintiffs' pleadings or future motions, if they prefer, and the Court will grant Defendants leave to exceed the usual page limits if necessary. The Court will address any proposed limitations on discovery at any future scheduling conference. Signed by Judge Jia M. Cobb on February 18, 2025. (lcjmc2)

Cases Consolidated: The following cases have been consolidated with this case: 25cv166 and 25cv167. pursuant to Order on Motion to Consolidate Cases,. From this date forward, all pleadings shall be filed ONLY in this case. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zdp)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/28/2025. (Joshi, Nandan) (Entered: 02/19/2025)

Remark- Consolidation

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT & BUDGET served on 2/19/2025 (Joshi, Nandan) (Entered: 02/19/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DONALD J. TRUMP served on 2/19/2025 (Joshi, Nandan) (Entered: 02/19/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Skye L. Perryman, Filing fee $ 100, receipt number ADCDC-11497419. Fee Status: Fee Paid. by AMERICAN PUBLIC HEALTH ASSOCIATION, AMERICAN FEDERATION OF TEACHERS, MINORITY VETERANS OF AMERICA, VOTEVETS ACTION FUND, THE CENTER FOR AUTO SAFETY, INC., CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit Perryman Declaration, # 2 Exhibit Perryman DC Bar COGS, # 3 Text of Proposed Order)(Seel, Benjamin) (Entered: 02/21/2025)

1 Exhibit Perryman Declaration

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2 Exhibit Perryman DC Bar COGS

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3 Text of Proposed Order

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MINUTE ORDER granting 17 Motion for Leave to Appear Pro Hac Vice: Attorney Skye L. Perryman is hereby admitted pro hac vice to appear in this matter. 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 Judge Jia M. Cobb on February 21, 2025. (lcjmc2)

NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN PUBLIC HEALTH ASSOCIATION, AMERICAN FEDERATION OF TEACHERS, MINORITY VETERANS OF AMERICA, VOTEVETS ACTION FUND, THE CENTER FOR AUTO SAFETY, INC., CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Attorney Benjamin M. Seel terminated. (Seel, Benjamin) (Entered: 02/24/2025)

NOTICE of Appearance by Skye Perryman on behalf of AMERICAN PUBLIC HEALTH ASSOCIATION, AMERICAN FEDERATION OF TEACHERS, MINORITY VETERANS OF AMERICA, VOTEVETS ACTION FUND, THE CENTER FOR AUTO SAFETY, INC., CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Perryman, Skye) (Entered: 02/24/2025)

MOTION for Discovery (Expedited) by JERALD LENTINI, JOSHUA ERLICH, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/03/2025)

1 Text of Proposed Order

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NOTICE of Voluntary Dismissal re Public Citizen, State Democracy Defenders Fund, and American Federation of Government Employees by PUBLIC CITIZEN, INC., STATE DEMOCRACY DEFENDERS FUND, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Joshi, Nandan) (Entered: 03/03/2025)

NOTICE OF ERROR regarding 20 MOTION for Discovery (Expedited). Please note the following for future filings: Documents in consolidated cases must include all relevant case numbers and case captions. Do not refile.(znmw)

NOTICE of New Evidence by JERALD LENTINI, JOSHUA ERLICH, NATIONAL SECURITY COUNSELORS re 20 Motion for Discovery (McClanahan, Kelly) (Entered: 03/04/2025)

MOTION to Expedite Briefing and Adjudication of Motion for Expedited Discovery by JERALD LENTINI, JOSHUA ERLICH, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Text of Proposed Order)(McClanahan, Kelly) (Entered: 03/05/2025)

1 Text of Proposed Order

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.Order AND ~Util - Set/Reset Deadlines

NOTICE of Defendants' Position by JERALD LENTINI, JOSHUA ERLICH, NATIONAL SECURITY COUNSELORS re 23 Motion to Expedite (McClanahan, Kelly) (Entered: 03/05/2025)

Memorandum in opposition to re 23 Motion to Expedite filed by DONALD J. TRUMP, OFFICE OF MANAGEMENT & BUDGET. (Attachments: # 1 Text of Proposed Order)(Deffebach, Anna) (Entered: 03/05/2025)

1 Text of Proposed Order

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MINUTE ORDER: Plaintiffs have filed a motion 20 for expedited discovery. Defendants' response to that motion would otherwise be due March 17, 2025, but Plaintiffs have filed a motion 23 for expedited briefing - which they request that Defendants respond to by 12 PM tomorrow, March 6, 2025. Because Defendants have represented that they intend to respond to Plaintiffs' motion 23 for expedited briefing within 48 hours, see ECF 24, and the Court cannot discern any grounds in Plaintiffs' motion for any even more expeditious response, the Court ORDERS that Defendants shall file any opposition to Plaintiffs' 23 motion to expedite briefing by March 7, 2025. In addition to any arguments about the need for an expedited briefing schedule, Defendants' opposition shall include their position as to the earliest date by which Defendants could feasibly respond to Plaintiffs' motion 20 for expedited discovery. Signed by Judge Jia M. Cobb on March 5, 2025. (lcjmc2)

MINUTE ORDER denying 23 motion to expedite briefing: The Lentini Plaintiffs request expedited briefing on their 20 motion for expedited discovery, stating that "the factual background of this case is in a constant state of flux" and referencing a forthcoming motion for preliminary injunction. ECF 23 at 2. Plaintiffs have not explained, with clarity, the nature of any emergency here that would require the Court to compel Defendants to respond more rapidly than the default rules provide for. In any event, Defendants' counsel has indicated that, given counsel's upcoming deadlines in other matters, an expedited briefing schedule would be infeasible.

Order on Motion to Expedite AND Set/Reset Deadlines

MINUTE ORDER denying 23 motion to expedite briefing: The Lentini Plaintiffs request expedited briefing on their 20 motion for expedited discovery, stating that "the factual background of this case is in a constant state of flux" and referencing a forthcoming motion for preliminary injunction. ECF 23 at 2. Plaintiffs have not explained, with clarity, the nature of any emergency here that would require the Court to compel Defendants to respond more rapidly than the default rules provide for. In any event, Defendants' counsel has indicated that, given counsel's upcoming deadlines in other matters, an expedited briefing schedule would be infeasible. The Court therefore finds it appropriate to allow Defendants to respond to Plaintiffs' 20 motion for expedited discovery in the normal course. The Court ORDERS that Plaintiffs' 23 motion to expedite briefing is DENIED, and that Defendants shall file any opposition to Plaintiffs' 20 motion for expedited discovery by March 17, 2025. Plaintiffs are free to file any subsequent reply earlier than the default rules require so that the Court may rule expeditiously. It is further ORDERED that the parties shall confer and file a notice on the docket by March 12, 2025 indicating their mutual availability for a hearing on Plaintiffs' 20 motion, to be held once Plaintiffs' motion is fully briefed at the Court's discretion (should the Court determine that such a hearing would be appropriate and helpful after full briefing). Signed by Judge Jia M. Cobb on March 6, 2025. (lcjmc2)

NOTICE OF ERROR regarding 23 MOTION to Expedite Briefing and Adjudication of Motion for Expedited Discovery, 22 Notice (Other), 24 Notice Documents in consolidated cases must include all relevant case numbers and case captions. Do not refile(zdp)

NOTICE Joint Notice of Mutual Availability for a Hearing by DONALD J. TRUMP, OFFICE OF MANAGEMENT & BUDGET (Deffebach, Anna) (Entered: 03/11/2025)

Joint MOTION for Briefing Schedule by DONALD J. TRUMP, OFFICE OF MANAGEMENT & BUDGET. (Attachments: (1) Text of Proposed Order)(Deffebach, Anna)

1 Text of Proposed Order

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MINUTE ORDER granting 27 Joint Motion for Briefing Schedule: Having considered the motion, and for good cause shown, the Court GRANTS the motion and enters the following briefing schedule. Defendants shall file their motion to dismiss by April 11, 2025; Plaintiffs shall file their opposition(s) by May 13, 2025; and Defendants shall file any reply by May 28, 2025. Signed by Judge Jia M. Cobb on March 14, 2025. (lcjmc2)

Order on Motion for Briefing Schedule AND Set/Reset Deadlines

Memorandum in opposition to re 20 Motion for Discovery filed by DONALD J. TRUMP, OFFICE OF MANAGEMENT & BUDGET. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) (Entered: 03/17/2025)

1 Text of Proposed Order

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REPLY to opposition to motion re 20 Motion for Discovery filed by JERALD LENTINI, JOSHUA ERLICH, NATIONAL SECURITY COUNSELORS. (Attachments: # 1 Exhibit A - Thune email, # 2 Exhibit B - Miller-Meeks email, # 3 Exhibit C - Nehls letter)(McClanahan, Kelly) (Entered: 03/19/2025)

1 Exhibit A - Thune email

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2 Exhibit B - Miller-Meeks email

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3 Exhibit C - Nehls letter

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NOTICE OF SUPPLEMENTAL AUTHORITY by JERALD LENTINI, JOSHUA ERLICH, NATIONAL SECURITY COUNSELORS (Attachments: # 1 Exhibit D - Arnold letter)(McClanahan, Kelly) (Entered: 03/22/2025)

1 Exhibit D - Arnold letter

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ORDER denying 20 Lentini Plaintiffs' Motion for Expedited Discovery. See document for details. Signed by Judge Jia M. Cobb on March 25, 2025. (lcjmc2) (Entered: 03/25/2025)

NOTICE of Appearance by Samuel Holt on behalf of All Defendants (Holt, Samuel)

MOTION to Dismiss for Lack of Jurisdiction and for Failure to State a Claim by OFFICE OF MANAGEMENT & BUDGET, DONALD J. TRUMP. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Text of Proposed Order)(Holt, Samuel) (Entered: 04/11/2025)

1 Memorandum in Support

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2 Exhibit A

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3 Text of Proposed Order

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