Case: Alliance for Retired Americans v. Bessent

1:25-cv-00313 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 3, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary, while we research the case.) Federal employee unions brought this case in the U.S. District Court for the District of Columbia on Feb. 3, 2025, asking the court for a Temporary Restraining Order and then a more permanent order stopping Elon Musk’s team from accessing Department of Treasury payment systems.  The Alliance for Retired Americans joined the American Federation of Government Employees and Service Employees International Union, represented by the Public Cit…

(This summary is temporary, while we research the case.) Federal employee unions brought this case in the U.S. District Court for the District of Columbia on Feb. 3, 2025, asking the court for a Temporary Restraining Order and then a more permanent order stopping Elon Musk’s team from accessing Department of Treasury payment systems.  The Alliance for Retired Americans joined the American Federation of Government Employees and Service Employees International Union, represented by the Public Citizen Litigation Group and the State Democracy Defenders Fund.  They pointed out that Treasury's Bureau of Fiscal Service collects and maintains sensitive personal and financial information about millions of people--including names, Social Security numbers, birth dates, birth places, home addresses and telephone numbers, email addresses, and bank account information. All this, they alleged, to DOGE-affiliated individuals, without the privacy and use protections required by law. The asserted claims against the Trump Administration under the Administrative Procedure Act, arguing that Treasury's conduct was "contrary to law" and "arbitrary and capricious." 

The case was assigned to Judge Collen Kollar-Kotelly.  On Feb. 6, the parties agreed that pending further rulings, two specified DOGE "special government employees", only, would have read-only access to the Treasury systems, and that instead of a hearing on the Temporary Restraining Order motion, there would be a Preliminary Injunction hearing the following week.  

The case is ongoing.  

Summary Authors

Oliver Farnum (2/8/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69607077/parties/alliance-for-retired-americans-v-bessent/


Attorney for Plaintiff

Joshi, Nandan M. (District of Columbia)

Sansone, Nicolas (District of Columbia)

Zieve, Allison Marcy (District of Columbia)

Attorney for Defendant

Humphreys, Bradley P. (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-00313

Complaint for Declaratory and Injunctive Relief

Feb. 3, 2025

Feb. 3, 2025

Complaint
12

1:25-cv-00313

Motion for Order

None

Feb. 6, 2025

Feb. 6, 2025

None
12-1

1:25-cv-00313

Text of Proposed Order

None

Feb. 6, 2025

Feb. 6, 2025

None
13

1:25-cv-00313

Order on Motion for Order

None

Feb. 6, 2025

Feb. 6, 2025

None

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69607077/alliance-for-retired-americans-v-bessent/

Last updated Feb. 8, 2025, 4:03 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11453107) filed by ALLIANCE FOR RETIRED AMERICANS, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USAO-DC, # 3 Summons AG, # 4 Summons Bessent, # 5 Summons Treasury, # 6 Summons Fiscal Service)(Joshi, Nandan) (Entered: 02/03/2025)

1 Civil Cover Sheet

View on RECAP

2 Summons USAO-DC

View on RECAP

3 Summons AG

View on RECAP

4 Summons Bessent

View on RECAP

5 Summons Treasury

View on RECAP

6 Summons Fiscal Service

View on RECAP

Feb. 3, 2025

Feb. 3, 2025

Clearinghouse
2

NOTICE of Appearance by Nicolas Sansone on behalf of All Plaintiffs (Sansone, Nicolas) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

RECAP
3

NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison) (Entered: 02/03/2025)

Feb. 3, 2025

Feb. 3, 2025

RECAP
4

ERRATA by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO re 1 Complaint,. (Joshi, Nandan) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

RECAP

Case Assigned/Reassigned

Feb. 4, 2025

Feb. 4, 2025

PACER
5

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALLIANCE FOR RETIRED AMERICANS (Joshi, Nandan) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

RECAP

Case Assigned to Judge Colleen Kollar-Kotelly. (znmw)

Feb. 4, 2025

Feb. 4, 2025

PACER
6

SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 02/04/2025)

1 Notice and Consent

View on RECAP

Feb. 4, 2025

Feb. 4, 2025

RECAP
7

ORDER ESTABLISHING PROCEDURES FOR CIVIL CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 02/04/2025. (lcckk1) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

RECAP
8

MOTION for Temporary Restraining Order by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Attachments: # 1 Memorandum in Support, # 2 Declaration ARA, # 3 Declaration AFGE, # 4 Declaration SEIU, # 5 Text of Proposed Order)(Joshi, Nandan) (Entered: 02/05/2025)

1 Memorandum in Support

View on RECAP

2 Declaration ARA

View on RECAP

3 Declaration AFGE

View on RECAP

4 Declaration SEIU

View on RECAP

5 Text of Proposed Order

View on RECAP

Feb. 5, 2025

Feb. 5, 2025

RECAP

.Order

Feb. 5, 2025

Feb. 5, 2025

PACER
9

NOTICE of Appearance by Bradley P. Humphreys on behalf of All Defendants (Humphreys, Bradley) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

RECAP
10

ORDER. The parties shall appear for a telephone conference on the record before this Court at 3:00 p.m. ET today, February 5, 2025. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on 02/05/2025. (lcckk1) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

RECAP

Order

Feb. 5, 2025

Feb. 5, 2025

PACER

MINUTE ORDER: The Court will provide access for the public to telephonically attend the scheduling hearing on Plaintiffs' 8 Motion for Temporary Restraining Order, set for February 5, 2025 at 3:00 PM ET. The hearing can be accessed by dialing the toll-free number: (833) 990-9400 (Meeting ID: 585620654). Attendees using the public access telephone line can listen to proceedings but cannot speak during the hearing. Attendees are also reminded of the general prohibition against photographing, recording, or rebroadcasting any court proceedings (including those held by telephone or videoconference). 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 any other sanctions deemed necessary by the Court. Signed by Judge Colleen Kollar-Kotelly on 2/5/2025. (lcckk3)

Feb. 5, 2025

Feb. 5, 2025

PACER

Notice of Provisional/Government Not Certified Status

Feb. 5, 2025

Feb. 5, 2025

PACER

MINUTE ORDER: The Court held a scheduling hearing on Plaintiffs' 8 Motion for Temporary Restraining Order. The Court adjourned that scheduling hearing to allow the parties to confer. The parties shall reconvene via teleconference to continue the scheduling hearing at 6:00 PM ET this evening, February 5, 2025.The Court will again provide access for the public to telephonically attend the scheduling hearing. The hearing can be accessed by dialing the toll-free number: (833) 990-9400 (Meeting ID: 585620654). Attendees using the public access telephone line can listen to proceedings but cannot speak during the hearing. Attendees are also reminded of the general prohibition against photographing, recording, or rebroadcasting any court proceedings (including those held by telephone or videoconference). 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 any other sanctions deemed necessary by the Court. Signed by Judge Colleen Kollar-Kotelly on 2/5/2025. (lcckk3)

Feb. 5, 2025

Feb. 5, 2025

PACER

Scheduling Conference

Feb. 5, 2025

Feb. 5, 2025

PACER

MINUTE ORDER: The Court held a scheduling hearing on Plaintiffs' 8 Motion for Temporary Restraining Order. Following initial discussions, the Court sent the parties a proposed order that would defer ruling on the Motion and order Defendants to take steps to preserve the status quo with respect to access to systems of records maintained by Defendant Bureau of the Fiscal Service. The Court recessed, and the parties each submitted their own proposed edits to the Court's proposed order. The Court then reconvened the parties and discussed their proposals. Although the parties appear to agree in principle, there are a few lingering disputes. And the parties require additional time to meet and confer. With that in mind, the Court proposed two possible tracks for moving forward with this litigation. Track One: The parties confer and agree to the terms of a proposed consent order to the preserve the status quo. The parties promptly file a consent motion to enter that order, with the terms of their agreement attached as a proposed order. Plaintiffs convert the 8 Motion for Temporary Restraining Order into a motion for a preliminary injunction. Defendants respond to that motion on or before February 12, 2025. Plaintiffs reply on or before February 18, 2025. And the Court holds a motion hearing at 2:00 PM ET on February 24, 2025 in Courtroom 28A. Track Two: The parties confer and are unable to reach an agreement on the terms of a proposed consent order to preserve the status quo. Defendants file their opposition to the 8 Motion for Temporary Restraining Order by 12:00 PM ET on February 6, 2025. Plaintiffs file their reply by 4:00 PM ET on February 6, 2025. And the Court holds a motion hearing at 3:30 PM ET on February 7, 2025 in Courtroom 28A. The Court ORDERS that the parties confer regarding these two tracks. If the parties reach an agreement to follow Track One, the Court ORDERS that the parties shall file their consent motion no later than 11:30 AM ET, tomorrow February 6 and adhere to the deadlines described above in Track One. If no such motion is filed by 11:30 AM ET, the Court ORDERS that the parties shall adhere to the deadlines described above in Track Two. The parties may contact Chambers by email as necessary in advance of these deadlines. Signed by Judge Colleen Kollar-Kotelly on 2/5/2025. (lcckk3)

Feb. 5, 2025

Feb. 5, 2025

PACER
11

Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) Modified event on 2/6/2025 (znmw). (Entered: 02/05/2025)

1 Text of Proposed Order

View on RECAP

Feb. 5, 2025

Feb. 5, 2025

RECAP

NOTICE of Provisional/Government Not Certified Status re 11 Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) Modified event on 2/6/2025 (znmw)..Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/12/2025. (zhcn)

Feb. 5, 2025

Feb. 5, 2025

PACER

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Scheduling Conference held on 2/5/2025 on Plaintiffs' 8 Motion for Temporary Restraining Order. See Order for details. (Court Reporter Lisa Edwards.) (zdot)

Feb. 5, 2025

Feb. 5, 2025

PACER

Notice of Provisional/Government Not Certified Status

Feb. 6, 2025

Feb. 6, 2025

PACER

NOTICE of Provisional/Government Not Certified Status re 11 Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/13/2025. (zapb)

Feb. 6, 2025

Feb. 6, 2025

PACER

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 11 Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/13/2025. (zapb) Modified on 2/6/2025 (zhcn).

Feb. 6, 2025

Feb. 6, 2025

PACER

Scheduling Conference

Feb. 6, 2025

Feb. 6, 2025

PACER
12

Joint MOTION for Order Entering Proposed Order by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Attachments: # 1 Text of Proposed Order)(Joshi, Nandan) (Entered: 02/06/2025)

1 Text of Proposed Order

View on Clearinghouse

Feb. 6, 2025

Feb. 6, 2025

Clearinghouse
13

ORDER: The parties' 12 Consent Motion is GRANTED. With the Plaintiffs' consent, the Plaintiffs' 8 Motion for a Temporary Restraining Order is CONVERTED to a Motion for a Preliminary Injunction. The Defendants shall file a response to the Plaintiffs' Motion for a Preliminary Injunction on or before February 12, 2025. The Plaintiffs shall file a Reply in support of the Motion on or before February 18, 2025. The parties shall appear for a hearing on the Motion for a Preliminary Injunction at 2:00 p.m. ET on February 24, 2025, in Courtroom 28-A. Signed by Judge Colleen Kollar-Kotelly on 2/6/2025. (lcckk3) (Entered: 02/06/2025)

Feb. 6, 2025

Feb. 6, 2025

Clearinghouse
14

TRANSCRIPT OF SCHEDULING CONFERENCE before Judge Colleen Kollar-Kotelly held on February 5, 2025; Page Numbers: 1-50. Date of Issuance: February 6, 2025. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. 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 2/27/2025. Redacted Transcript Deadline set for 3/9/2025. Release of Transcript Restriction set for 5/7/2025.(Edwards, Lisa) (Entered: 02/06/2025)

Feb. 6, 2025

Feb. 6, 2025

PACER

NOTICE of Provisional/Government Not Certified Status re 11 Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) Modified event on 2/6/2025 (znmw)..Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/12/2025. (zhcn)

Feb. 6, 2025

Feb. 6, 2025

PACER

Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Scheduling Conference held on 2/5/2025 on Plaintiffs' 8 Motion for Temporary Restraining Order. See Order for details. (Court Reporter Lisa Edwards.) (zdot)

Feb. 6, 2025

Feb. 6, 2025

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Public Benefits/Government Services

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: Feb. 3, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Federal employee unions.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Scott Bessent, in his official capacity as Secretary of the Treasury (Washington, D.C., District of Columbia), Federal

Department of the Treasury (Washington, D.C., District of Columbia), Federal

Bureau of the Fiscal Service (Landover, Maryland), Federal

Case Details

Causes of Action:

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

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Other