Case: Does 1-9 v. Department of Justice

1:25-cv-00325 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 4, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involved FBI employees’ attempts to prevent the Trump Administration from publicly disclosing the identities of agents who worked on investigations involving Donald Trump. On February 4, 2025, several FBI employees filed this putative class action against the Department of Justice ("DOJ"), seeking to prevent the Administration from compiling and disseminating information identifying FBI agents connected to the January 6 and Mar-a-Lago investigations. Plaintiffs claimed that the Trump …

This case involved FBI employees’ attempts to prevent the Trump Administration from publicly disclosing the identities of agents who worked on investigations involving Donald Trump. On February 4, 2025, several FBI employees filed this putative class action against the Department of Justice ("DOJ"), seeking to prevent the Administration from compiling and disseminating information identifying FBI agents connected to the January 6 and Mar-a-Lago investigations. Plaintiffs claimed that the Trump Administration's plans to assemble such a list violated the First Amendment, the Fifth Amendment Due Process Clause, and the Privacy Act of 1974. Represented by the Center for Employment Justice, plaintiffs sought preliminary and permanent injunctive relief. The suit was filed in the U.S. District Court for the District of Columbia and assigned to Judge Jia M. Cobb.  

On the same day plaintiffs filed the complaint, they filed a motion for a temporary restraining order.

On the evening of February 4, 2025, the FBI sent identifying information for more than 5,000 employees to the Department of Justice, including employee ID numbers, job titles, and their role in the January 6 investigations.

On February 6, 2025, the Court consolidated this case with Federal Bureau of Investigation Agents Ass’n v. Department of Justice, which was filed in the U.S. District Court for the District of Columbia on February 4. After a hearing on the TRO motions in both cases, Judge Cobb ordered a continuance and granted an administrative stay until the conclusion of the hearing. The administrative stay prohibited the Trump Administration from disclosing identifying information about FBI employees to anyone outside of the DOJ. 

Also on February 6, the FBI announced that it had disclosed the names of those 5,000+ employees to DOJ through a classified system intended to prevent the employees from being publicly identified. 

On February 7, the parties submitted and the court entered a consent order in which defendants agreed not to publicly disclose or disseminate the list of FBI employees’ names before the court ruled on plaintiffs’ forthcoming motion for a preliminary injunction. Defendants reserved the right to terminate the agreement by providing the parties and the Court with two days’ notice of their intent to terminate. The consent order also set out a briefing schedule for plaintiffs’ motion for a preliminary injunction. The court further ordered a preliminary injunction hearing for March 27, 2025.

On February 17, plaintiffs filed a motion to expedite discovery pertaining to a February 2 survey sent to FBI personnel requesting information about their involvement in January 6 investigations. The next day, pursuant to local procedural rules, the court entered a minute order requiring plaintiffs to arrange a meet and confer with the defendants and file a supplement indicating the defendants' position, at which point the court would consider the motion to expedite discovery.  The parties met and conferred on February 18, after which the plaintiffs filed a supplement indicating that the defendants opposed the request for discovery because they believed the plaintiffs lacked standing. The defendants also indicated their intent to file a motion to dismiss for lack of standing in opposition to the plaintiffs' preliminary injunction motion.

On February 23, plaintiff John Doe #2 voluntarily dismissed his claims against defendants in this and the consolidated case. 

The same day, plaintiffs filed an amended complaint, adding claims under the Administrative Procedure Act and 28 U.S.C. § 1361, which provides a statutory basis for plaintiffs to seek mandamus relief against federal officers, employees, and agencies. 

Also on February 24, plaintiffs filed their motion for a preliminary injunction.

On February 26, defendants filed a combined motion to dismiss and opposition to the plaintiffs' motion to expedite discovery, arguing that plaintiffs had failed to state a cognizable claim and that the plaintiffs lacked standing. Defendants also argued that even if the court could hear the case, the plaintiffs weren't entitled to expedited discovery.

The court denied plaintiffs' motion for expedited discovery and vacated the March 3 hearing on February 28, finding that the discovery request was too broad, particularly given the jurisdictional concerns raised by the defendants. The court did say it would entertain a more tailored request for discovery related to the court's jurisdiction or plaintiffs' preliminary injunction motion.   

On March 10, plaintiffs filed a narrowed motion to expedite discovery.

The same day, plaintiffs filed an expedited motion to stay briefing on defendants' motion to dismiss due to the significant overlap with the preliminary injunction motion, briefing for which was already underway. The court denied this motion on March 11, finding that it was in the interest of judicial economy not to consider each motion in turn, but to resolve them simultaneously. The court did grant the plaintiffs an extension to file their opposition to the motion to dismiss, ordering the parties to meet and confer on a new briefing schedule for that motion. The defendants were ordered to file their opposition to the renewed motion to expedite discovery by March 18, 2025.

The parties filed a proposed briefing schedule on March 12, which the court granted the next day. Under that schedule, plaintiffs were to file their opposition to the motion to dismiss by March 17, with any reply from defendants due by March 24. The court left in place the previously agreed-upon briefing schedule for the preliminary injunction motion. 

Defendants filed their opposition to plaintiffs' motion for a preliminary injunction on March 14.

On March 17, plaintiffs filed their opposition to the defendants' motion to dismiss. 

Defendants filed their opposition to plaintiffs' renewed motion to expedite discovery on March 18. Judge Cobb partially granted the discovery motion on March 22, ordering defendants to identify any non-DOJ person who has or had access to the survey data, identify the process by which the DOJ is reviewing the survey data, and produce any document relating to the government's intent for future disclosure of survey data all by April 14, 2025.

On April 9, 2025, one plaintiff (John Doe #4) voluntary dismissed his claims.

Several filings in May 2025 debated the significance of comments made by Ed Martin, then the interim U.S. Attorney for the District of Columbia and head of DOJ's "Weaponization Working Group." Plaintiffs emphasized Martin threatened to "name" and "shame" whomever he could not charge, while defendants noted that Martin was speaking in opposition to the desires of some January 6 defendants. (Martin was later replaced as the interim U.S. Attorney for the District of Columbia.)

On July 17, 2025, the court granted defendants' motion to dismiss all claims. The court found there was no evidence that defendants were about to reveal plaintiffs' identities, and that plaintiffs therefore lacked standing to bring claims related to a potential future disclosure. Additionally, the court stated that it was forced to dismiss plaintiffs' First Amendment claims because they were not incorporated into plaintiffs' amended complaint. 

The court granted the motion to dismiss without prejudice, allowing plaintiffs to refile these claims if defendants do ultimately take steps to disclose their identities or retaliate in other ways against plaintiffs. The court simultaneously denied plaintiffs' outstanding motions for a TRO and preliminary injunction as mooted by the dismissal of the underlying case.

Summary Authors

Meredith Ulle (2/11/2025)

Matt Petrillo (7/21/2025)

Related Cases

Federal Bur. of Investigation Agents Association v. Dep't of Justice, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69609079/parties/does-1-9-v-department-of-justice/


Attorney for Plaintiff

Bakaj, Andrew Peter (District of Columbia)

Chaudhuri, Pooja (District of Columbia)

Donovan, Margaret (District of Columbia)

Eisen, Norman Larry (District of Columbia)

Attorney for Defendant

Georgiev-Remmel, Dimitar (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-00325

Class Action Complaint

Does v. Department of Justice

Feb. 4, 2025

Feb. 4, 2025

Complaint
14

1:25-cv-00325

Order

Feb. 7, 2025

Feb. 7, 2025

Order/Opinion
24

1:25-cv-00325

First Amended Complaint

Does v. Department of Justice

Feb. 24, 2025

Feb. 24, 2025

Complaint
25

1:25-cv-00325

Plaintiffs' Motion for Preliminary Injunction

Does v. Department of Justice

Feb. 24, 2025

Feb. 24, 2025

Pleading / Motion / Brief
32

1:25-cv-00325

Plaintiffs' Revised Motion for Expedited Discovery

March 10, 2025

March 10, 2025

Pleading / Motion / Brief
34

1:25-cv-00325

Defendants' Opposition to Plaintiffs' Motion for Preliminary Injunction

March 14, 2025

March 14, 2025

Pleading / Motion / Brief
35

1:25-cv-00325

Plaintiffs' memorandum in Opposition to Defendants' motion to Dismiss

Does v. Department of Justice

March 17, 2025

March 17, 2025

Pleading / Motion / Brief
36

1:25-cv-00325

Defendants' Opposition to Plaintiffs' Renewed Motion for Expedited Discovery

Does v. Department of Justice

March 18, 2025

March 18, 2025

Pleading / Motion / Brief
37

1:25-cv-00325

Plaintiffs' Reply in Support of their Motion for Preliminary Injunction

Does v. Department of Justice

March 21, 2025

March 21, 2025

Pleading / Motion / Brief
38

1:25-cv-00325

Memorandum Opinion and Order

March 22, 2025

March 22, 2025

Order/Opinion

2025 WL 894120

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69609079/does-1-9-v-department-of-justice/

Last updated Aug. 24, 2025, 1:39 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DEPARTMENT OF JUSTICE with Jury Demand ( Filing fee $ 405 receipt number ADCDC-11454880) filed by John and Jane Does 1-9. (Attachments: # 1 Exhibit Exhibit 1 to the Complaint, # 2 Civil Cover Sheet Civil cover sheet, # 3 Summons, # 4 Summons, # 5 Summons)(Keith, Pamela) (Attachment 2 replaced on 2/4/2025) (zmtm). (Entered: 02/04/2025)

1 Exhibit Exhibit 1 to the Complaint

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2 Civil Cover Sheet Civil cover sheet

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3 Summons

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4 Summons

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5 Summons

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Feb. 4, 2025

Feb. 4, 2025

Clearinghouse
2

MOTION to Proceed Under Pseudonym by John and Jane Does 1-9. (Attachments: # 1 Text of Proposed Order Proposed Order)(Keith, Pamela) Modified on 2/4/2025 to correct event and docket entry text (zsl). (Entered: 02/04/2025)

1 Text of Proposed Order Proposed Order

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Feb. 4, 2025

Feb. 4, 2025

RECAP
3

MOTION for Temporary Restraining Order by John and Jane Does 1-9. (Keith, Pamela) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

Clearinghouse
4

ERRATA Corrected Complaint by JOHN AND JANE DOES 1-9 re 1 Complaint,. (Keith, Pamela) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

Clearinghouse
5

ERRATA Corrected Complaint with Exhibit by JOHN AND JANE DOES 1-9 re 1 Complaint,. (Attachments: # 1 Exhibit Exhibit 1 to Complaint)(Keith, Pamela) (Entered: 02/04/2025)

1 Exhibit Exhibit 1 to Complaint

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Feb. 4, 2025

Feb. 4, 2025

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ORDER: The Court ORDERS that: 1) Plaintiffs' 2 Motion for Leave to File Under Pseudonym is GRANTED, subject to any further consideration by the United States District Judge to whom this case is randomly assigned; 2) All parties shall use the pseudonyms listed in the Complaint in all documents filed in this action; and 3) Within 3 days of this Order, Plaintiffs shall file on the public docket and under seal a declaration containing their real names and residential addresses. Signed by Chief Judge James E. Boasberg on 2/4/2025. (lcjeb1) (Entered: 02/04/2025)

Feb. 4, 2025

Feb. 4, 2025

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SUMMONS (2) Issued Electronically as to DEPARTMENT OF JUSTICE, U.S. Attorney, and U.S. Attorney General. (Attachments: # 1 Notice and Consent) (zjd) (Entered: 02/04/2025)

1 Notice and Consent

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Feb. 4, 2025

Feb. 4, 2025

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Notice of Error- New Case

Feb. 4, 2025

Feb. 4, 2025

PACER

NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Noncompliance with LCvR 5.1(c). Please file a Notice of Errata stating the error and attach the corrected initiating pleading to include the name & full residence address for the defendant and file using the event Errata. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmtm)

Feb. 4, 2025

Feb. 4, 2025

PACER

Case Assigned/Reassigned

Feb. 4, 2025

Feb. 4, 2025

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

Feb. 4, 2025

Feb. 4, 2025

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10

NOTICE of Appearance by Scott Michael Lempert on behalf of All Plaintiffs (Lempert, Scott) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER
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NOTICE of Appearance by Dimitar Georgiev-Remmel on behalf of DEPARTMENT OF JUSTICE (Georgiev-Remmel, Dimitar) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

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9

NOTICE of Appearance by Jeremy S. Simon on behalf of DEPARTMENT OF JUSTICE (Simon, Jeremy) (Entered: 02/05/2025)

Feb. 5, 2025

Feb. 5, 2025

PACER

.Order AND ~Util - Set/Reset Hearings

Feb. 5, 2025

Feb. 5, 2025

PACER

Order

Feb. 5, 2025

Feb. 5, 2025

PACER

MINUTE ORDER: The Court ORDERS that the parties shall appear for a hearing on Plaintiffs' motion 3 for a temporary restraining order in 25-cv-325, and Plaintiffs' motion 2 for a temporary restraining order in 25-cv-328, on February 6, 2025, at 10:30 AM. This hearing shall be on the record before Judge Jia M. Cobb in Courtroom 9. The Court will hear from the parties and set an expedited briefing schedule if necessary. The Court will also hear any objections to consolidating these two cases. If the government intends to take any action related to the claims in this case in advance of tomorrow's hearing, the government shall alert the Court immediately and the Court will set an earlier hearing time and compressed briefing schedule.Public access line: Toll Free Number, 833-990-9400; Meeting ID: 251046985. Signed by Judge Jia M. Cobb on February 5, 2025. (lcjmc2)

Feb. 5, 2025

Feb. 5, 2025

PACER
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Memorandum in opposition to re 3 Motion for TRO filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order, # 2 Ex. 1 (Feb. 4, 2025 email), # 3 Ex. 2 (Feb. 5, 2025 email), # 4 Ex. 3 (Feb. 1, 2025 email), # 5 Ex. 4 (Feb. 2, 2025 email))(Simon, Jeremy) (Entered: 02/06/2025)

1 Proposed Order

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2 Ex. 1 (Feb. 4, 2025 email)

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3 Ex. 2 (Feb. 5, 2025 email)

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4 Ex. 3 (Feb. 1, 2025 email)

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5 Ex. 4 (Feb. 2, 2025 email)

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Feb. 6, 2025

Feb. 6, 2025

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.Order

Feb. 6, 2025

Feb. 6, 2025

PACER

Motion Hearing AND ~Util - Set/Reset Deadlines/Hearings

Feb. 6, 2025

Feb. 6, 2025

PACER

MINUTE ORDER: For the reasons stated on the record during today's hearing, it is hereby ORDERED that the TRO hearing is hereby CONTINUED until tomorrow, February 7, 2025 at 11 AM. The hearing will be on the record before Judge Jia M. Cobb in Courtroom 3. Therefore, for the reasons stated on the record, the Court hereby GRANTS an administrative stay until the conclusion of tomorrow's TRO hearing to preserve the status quo. The Government has represented that the information at issue in this case has not been shared outside of the DOJ. To preserve that status quo, it is ORDERED the Government shall not disclose that information outside of the DOJ between now and the end of tomorrow's hearing.While the court awaits full briefing and argument, it may issue a brief "administrative stay." United States v. Texas, 144 S. Ct. 797, 798 (2024) (Barrett, J., concurring). An administrative stay "buys the court time to deliberate": it "do[es] not typically reflect the court's consideration of the merits," but instead "reflects a first-blush judgment about the relative consequences" of the case. Id. While administrative stays are more common in appellate courts, district courts have recognized their applicability in cases seeking emergency relief - including in this District. See Nat'l Council of Nonprofits v. Off. of Mgmt. & Budget, No. 25-CV-239, 2025 WL 314433 (D.D.C. Jan. 28, 2025); Order, Texas v. Dep't of Homeland Sec., No. 24-CV-306 (E.D. Tex. Aug. 26, 2024); Chef Time 1520 LLC v. Small Bus. Admin., No. 22-CV-3587 (D.D.C. Dec. 1, 2022). As these courts have recognized, "[t]he authority for an administrative stay arises from the All Writs Act and a court's inherent authority to manage its docket." Order, Texas, No. 24-CV-306, at 2. Signed by Judge Jia M. Cobb on February 6, 2025. (lcjmc2)

Feb. 6, 2025

Feb. 6, 2025

PACER

Minute Entry for Motions Hearing Proceeding held on 2/6/2025 before Judge Jia M. Cobb. Both parties were present re 3 MOTION for Temporary Restraining Order. Hearing will resume on 2/7/2025 at 11:00 AM in Courtroom 3- In Person (Audio Line Available) before Judge Jia M. Cobb. Public access line: Toll Free Number, 833-990-9400; Meeting ID: 251046985. Plaintiffs Oral Motion to file Declaration under seal and ex-parte, heard and granted. Oral Order Consolidating both cases, 25cv325 and 25cv328, with 25cv325 being the lead case. Plaintiffs Motions for Preliminary Injunction due by 2/24/2025. Responses due by 3/14/2025. Replies due by 3/21/2025. (Court Reporter Stacy Johns.) (zed)

Feb. 6, 2025

Feb. 6, 2025

PACER

Remark

Feb. 6, 2025

Feb. 6, 2025

PACER

Cases Consolidated: The following cases have been consolidated with this case: 25cv328. 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)

Feb. 6, 2025

Feb. 6, 2025

PACER
12

NOTICE of Proposed Order by DEPARTMENT OF JUSTICE (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 02/07/2025)

1 Proposed Order

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Feb. 7, 2025

Feb. 7, 2025

RECAP
13

TRANSCRIPT OF TEMPORARY RESTRAINING ORDER MOTIONS HEARING before Judge Jia M. Cobb held on February 6, 2025. Page Numbers: 1-120. Date of Issuance: February 7, 2025. Court Reporter: Stacy Johns. Email address: Stacy_Johns@dcd.uscourts.gov. 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 2/28/2025. Redacted Transcript Deadline set for 3/10/2025. Release of Transcript Restriction set for 5/8/2025.(Johns, Stacy) (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

PACER
14

ORDER: The parties' Consent Order is hereby entered. See document for details. Signed by Judge Jia M. Cobb on February 7, 2025. (lcjmc2) (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

Clearinghouse
15

SEALED DOCUMENT filed by JOHN AND JANE DOES 1-9 re 6 Order on Sealed Motion to Proceed Under Pseudonym,,, Set/Reset Deadlines,, (This document is SEALED and only available to authorized persons.)(Lempert, Scott) (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

PACER

.Order AND ~Util - Set/Reset Hearings

Feb. 7, 2025

Feb. 7, 2025

PACER

MINUTE ORDER: At the parties' request, it is hereby ORDERED that today's TRO hearing will begin at 1 PM. All other details remain the same. See Feb. 6, 2025 Minute Entry. Signed by Judge Jia M. Cobb on February 7, 2025. (lcjmc2)

Feb. 7, 2025

Feb. 7, 2025

PACER

Order

Feb. 7, 2025

Feb. 7, 2025

PACER

MINUTE ORDER: In light of the Consent Order, it is hereby ORDERED that the Court's administrative stay is VACATED, and that today's 1 PM TRO hearing is VACATED. It is further ORDERED that the parties shall appear on March 27, 2025 at 10:30 AM for a preliminary injunction hearing. The hearing will be on the record before Judge Jia M. Cobb in Courtroom 3. Signed by Judge Jia M. Cobb on February 7, 2025. (lcjmc2)

Feb. 7, 2025

Feb. 7, 2025

PACER

Remark- Consolidation

Feb. 11, 2025

Feb. 11, 2025

PACER
16

NOTICE of Appearance by Christopher Mattei on behalf of FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION (Mattei, Christopher) (Main Document 16 replaced on 2/12/2025) (zdp). (Entered: 02/12/2025)

Feb. 12, 2025

Feb. 12, 2025

PACER
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/5/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/6/2025. (Keith, Pamela) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

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18

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/4/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/5/2025. (Attachments: # 1 Exhibit 1 - Proof of Service USAO DC)(Zaid, Mark) (Entered: 02/13/2025)

Feb. 13, 2025

Feb. 13, 2025

PACER
19

NOTICE of Appearance by Margaret Donovan on behalf of FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION (Donovan, Margaret) (Entered: 02/17/2025)

Feb. 17, 2025

Feb. 17, 2025

PACER
20

MOTION to Expedite Discovery, MOTION for Discovery by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit A, # 3 Text of Proposed Order)(Donovan, Margaret) (Entered: 02/17/2025)

1 Memorandum in Support

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2 Exhibit Exhibit A

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3 Text of Proposed Order

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Feb. 17, 2025

Feb. 17, 2025

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21

RESPONSE TO ORDER OF THE COURT re Order,, Local Civil Rule 7(m) Statement filed by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION. (Donovan, Margaret) (Entered: 02/18/2025)

Feb. 18, 2025

Feb. 18, 2025

RECAP

MINUTE ORDER: Local Civil Rule 7(m) requires parties to confer with opposing counsel before filing a nondispositive motion, and "include in [their] motion a statement that the required discussion occurred, and a statement as to whether the motion is opposed." LCvR 7(m). Plaintiffs' 20 motion for expedited discovery states only that government counsel "has been consulted... and has not yet indicated a position." It is hereby ORDERED that Plaintiffs shall initiate a meet and confer, and Plaintiffs shall file a supplement indicating Defendants' position. The Court will take up Plaintiffs' motion once they have filed the supplement. Signed by Judge Jia M. Cobb on February 18, 2025. (lcjmc2)

Feb. 18, 2025

Feb. 18, 2025

PACER

.Order

Feb. 18, 2025

Feb. 18, 2025

PACER

MINUTE ORDER: The Court ORDERS that Defendants shall file their opposition to Plaintiffs' 20 motion for expedited discovery by February 26, 2025. The parties' agreed upon preliminary injunction briefing schedule remains in place. Signed by Judge Jia M. Cobb on February 19, 2025. (lcjmc2)

Feb. 19, 2025

Feb. 19, 2025

PACER

.Order AND ~Util - Set/Reset Deadlines

Feb. 19, 2025

Feb. 19, 2025

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22

NOTICE of Voluntary Dismissal by JOHN DOE 1-4 Associated Cases: 1:25-cv-00325-JMC, 1:25-cv-00328-JMC(Zaid, Mark) (Entered: 02/23/2025)

Feb. 23, 2025

Feb. 23, 2025

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MOTION to Seal Declarant's Identifying Information by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Mattei, Christopher) (Entered: 02/24/2025)

1 Text of Proposed Order

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Feb. 24, 2025

Feb. 24, 2025

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24

AMENDED COMPLAINT against All Defendants filed by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION.(Donovan, Margaret) (Entered: 02/24/2025)

Feb. 24, 2025

Feb. 24, 2025

Clearinghouse
25

MOTION for Preliminary Injunction by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Declaration FBIAA, # 10 Declaration Jane Doe 1 (328), # 11 Declaration Jane Doe 2 (328), # 12 Declaration Jane Doe 3 (328), # 13 Declaration John Doe 1 (328), # 14 Declaration John Doe 3 (328), # 15 Declaration John Doe 4 (328), # 16 Declaration Jane Doe 1 (325), # 17 Declaration Jane Doe 2 (325), # 18 Declaration Jane Doe 3 (325), # 19 Declaration Frank Figliuzzi, # 20 Declaration Lewis Schiliro)(Donovan, Margaret) (Entered: 02/24/2025)

1 Memorandum in Support

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2 Text of Proposed Order

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3 Exhibit 1

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4 Exhibit 2

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5 Exhibit 3

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6 Exhibit 4

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7 Exhibit 5

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8 Exhibit 6

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9 Declaration FBIAA

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10 Declaration Jane Doe 1 (328)

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11 Declaration Jane Doe 2 (328)

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12 Declaration Jane Doe 3 (328)

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13 Declaration John Doe 1 (328)

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14 Declaration John Doe 3 (328)

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15 Declaration John Doe 4 (328)

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16 Declaration Jane Doe 1 (325)

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17 Declaration Jane Doe 2 (325)

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18 Declaration Jane Doe 3 (325)

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19 Declaration Frank Figliuzzi

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20 Declaration Lewis Schiliro

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Feb. 24, 2025

Feb. 24, 2025

Clearinghouse

.Order AND ~Util - Set/Reset Hearings

Feb. 24, 2025

Feb. 24, 2025

PACER

MINUTE ORDER: The Court ORDERS that the parties shall appear for a status conference on March 3, 2025 at 10 AM to discuss Plaintiffs' 20 motion for expedited discovery. The conference will be on the record before Judge Jia M. Cobb in Courtroom 3. Signed by Judge Jia M. Cobb on February 24, 2025. (lcjmc2)

Feb. 24, 2025

Feb. 24, 2025

PACER

Order

Feb. 24, 2025

Feb. 24, 2025

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26

NOTICE of Appearance by Bradley Prescott Moss on behalf of JOHN AND JANE DOES 1-9 (Moss, Bradley) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

PACER
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SEALED DOCUMENT filed by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION(This document is SEALED and only available to authorized persons.)(Mattei, Christopher) (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

PACER
28

MOTION to Dismiss by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Georgiev-Remmel, Dimitar) (Entered: 02/26/2025)

1 Exhibit

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Feb. 26, 2025

Feb. 26, 2025

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29

Memorandum in opposition to re 20 Motion to Expedite, Motion for Discovery filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit)(Georgiev-Remmel, Dimitar) (Entered: 02/26/2025)

1 Exhibit

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Feb. 26, 2025

Feb. 26, 2025

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Order on Motion for Miscellaneous Relief

Feb. 26, 2025

Feb. 26, 2025

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MINUTE ORDER granting 23 Motion to Seal Declarant's Identifying Information: Having considered the motion, and for good cause shown, the Court ORDERS that Plaintiff FBIAA's 23 motion is GRANTED and that Plaintiff shall file the FBIAA staff member's declaration under seal. It is further ORDERED that Plaintiff FBIAA shall file a redacted version of its declaration on the public docket. Signed by Judge Jia M. Cobb on February 26, 2025. (lcjmc2)

Feb. 26, 2025

Feb. 26, 2025

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Notice of Provisional/Government Not Certified Status

Feb. 26, 2025

Feb. 26, 2025

PACER

NOTICE of Provisional/Government Not Certified Status re 26 NOTICE of Appearance by Bradley Prescott Moss on behalf of JOHN AND JANE DOES 1-9 (Moss, 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 3/5/2025. (zhcn)

Feb. 26, 2025

Feb. 26, 2025

PACER

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 26 NOTICE of Appearance by Bradley Prescott Moss on behalf of JOHN AND JANE DOES 1-9 (Moss, 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 3/5/2025. (zhcn) Modified on 2/27/2025 (zhcn).

Feb. 26, 2025

Feb. 26, 2025

PACER
30

NOTICE of Appearance by Pooja Chaudhuri on behalf of John Does 1,3-4, Jane Does 1-3 (Chaudhuri, Pooja) (Entered: 02/27/2025)

Feb. 27, 2025

Feb. 27, 2025

PACER

Notice of Provisional/Government Not Certified Status

Feb. 27, 2025

Feb. 27, 2025

PACER

RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 26 NOTICE of Appearance by Bradley Prescott Moss on behalf of JOHN AND JANE DOES 1-9 (Moss, 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 3/5/2025. (zhcn) Modified on 2/27/2025 (zhcn).

Feb. 27, 2025

Feb. 27, 2025

PACER

Order on Motion for Discovery AND Order on Motion to Expedite

Feb. 28, 2025

Feb. 28, 2025

PACER

MINUTE ORDER: The Court is in receipt of Plaintiffs' 20 motion for expedited discovery, and Defendants' 28 29 opposition and motion to dismiss. Plaintiffs have sought extensive, expedited discovery that does not appear to be tailored to the motions before the Court. See, e.g., ECF 20-2 at 6 (seeking "any instance in which DOJ has collected employee identifying data for the purpose of determining whether an employee participated in a criminal investigation" from January 20, 2017 to present). The Court declines to order full-blown merits discovery, particularly with a pending motion to dismiss that raises jurisdictional concerns. See Garnett v. Zeilinger, No. 17-CV-1757, 2017 WL 8944640 (D.D.C. Dec. 15, 2017) (denying in part motion for expedited discovery because "Plaintiffs' document request... sweeps beyond the narrow issues the Court may need to resolve at this juncture and begins to bleed into the overall merits"). The Court therefore DENIES Plaintiffs' motion for expedited discovery without prejudice, and VACATES the status conference scheduled for March 3, 2025.However, the Court will entertain a narrowed motion for discovery on discrete issues concerning this Court's jurisdiction or issues essential to Plaintiffs' motion for preliminary injunction. Any such motion must specifically identify, for each item of discovery sought, why Plaintiffs require that information to litigate the motions before the Court and why Plaintiffs cannot obtain that information, or respond to Defendants' legal arguments, absent discovery. Before filing any renewed discovery motion, Plaintiffs must confer in good faith with opposing counsel and attempt to narrow any points of dispute. See LCvR 7(m). Signed by Judge Jia M. Cobb on February 28, 2025. (lcjmc2)

Feb. 28, 2025

Feb. 28, 2025

PACER

Order on Motion to Expedite

Feb. 28, 2025

Feb. 28, 2025

PACER
31

MOTION to Stay Responsive Briefing Deadlines to the Government's Motion to Dismiss (Dkt. 28) by John Does 1,3-4, Jane Does 1-3, JOHN AND JANE DOES 1-9, FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION. (Mattei, Christopher) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

RECAP
32

MOTION to Expedite Discovery by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit A (Revised), # 3 Exhibit Exhibit B, # 4 Text of Proposed Order)(Donovan, Margaret) (Entered: 03/10/2025)

1 Memorandum in Support

View on RECAP

2 Exhibit Exhibit A (Revised)

View on PACER

3 Exhibit Exhibit B

View on PACER

4 Text of Proposed Order

View on PACER

March 10, 2025

March 10, 2025

Clearinghouse

MINUTE ORDER denying 31 Motion to Stay Briefing: Plaintiffs move to stay briefing on the government's 28 motion to dismiss, pending the Court's resolution of Plaintiffs' 25 motion for preliminary injunction, citing "principles of judicial economy." But if the issues raised in the two motions are indeed "overlapping, if not identical," as Plaintiffs claim, then it is in the interest of judicial economy for the Court to resolve them simultaneously. The Court therefore prefers to consider these issues together. If Plaintiffs prevail on their motion for preliminary injunction, Defendants' motion to dismiss will be denied, as the Court would have determined that Plaintiffs have viable claims on which they are likely to succeed. On the other hand, if Defendants prevail on their motion to dismiss, Plaintiffs could not be entitled to a preliminary injunction. However, the Court finds it appropriate to grant Plaintiffs an extension of time to file their opposition to Defendants' motion to dismiss. The Court therefore ORDERS that the parties shall confer and agree upon a briefing schedule for the motion to dismiss. With respect to Plaintiffs' 32 motion to expedite discovery, the Court ORDERS that (as the parties have agreed) Defendants shall file their opposition to that motion by March 18, 2025. Signed by Judge Jia M. Cobb on March 11, 2025. (lcjmc2)

March 11, 2025

March 11, 2025

PACER

Order on Motion to Stay AND Set/Reset Deadlines

March 11, 2025

March 11, 2025

PACER
33

MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss by John Does 1,3-4, Jane Does 1-3, JOHN AND JANE DOES 1-9, FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Donovan, Margaret) (Entered: 03/12/2025)

March 12, 2025

March 12, 2025

RECAP

MINUTE ORDER granting 33 Motion for Modification of Briefing Schedule: Having considered the motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Plaintiffs shall respond to Defendants' 28 motion to dismiss by March 17, 2025 and Defendants shall file any reply by March 24, 2025. The briefing schedule for Plaintiffs' 25 motion for preliminary injunction remains in effect. Signed by Judge Jia M. Cobb on March 13, 2025. (lcjmc2)

March 13, 2025

March 13, 2025

PACER

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

March 13, 2025

March 13, 2025

PACER
34

Memorandum in opposition to re 25 Motion for Preliminary Injunction,, filed by DEPARTMENT OF JUSTICE. (Attachments: # 1 Proposed Order)(Simon, Jeremy) (Entered: 03/14/2025)

1 Proposed Order

View on PACER

March 14, 2025

March 14, 2025

Clearinghouse
35

Memorandum in opposition to re 28 Motion to Dismiss filed by John Does 1,3-4, Jane Does 1-3, JOHN AND JANE DOES 1-9, FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION. (Donovan, Margaret) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

Clearinghouse
36

Memorandum in opposition to re 32 Motion to Expedite filed by DEPARTMENT OF JUSTICE. (Georgiev-Remmel, Dimitar) (Entered: 03/18/2025)

March 18, 2025

March 18, 2025

Clearinghouse
37

REPLY to opposition to motion re 25 Motion for Preliminary Injunction,, filed by John Does 1,3-4, Jane Does 1-3, JOHN AND JANE DOES 1-9, FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION. (Donovan, Margaret) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

Clearinghouse
38

MEMORANDUM OPINION AND ORDER granting in part and denying in part Plaintiffs' 32 Motion for Expedited Discovery. See document for details. Signed by Judge Jia M. Cobb on March 22, 2025. (lcjmc2)

March 22, 2025

March 22, 2025

Clearinghouse
39

MOTION to Continue Preliminary Injunction Hearing by John Does 1,3-4, Jane Does 1-3, JOHN AND JANE DOES 1-9, FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION. (Attachments: # 1 Text of Proposed Order)(Donovan, Margaret) (Entered: 03/24/2025)

1 Text of Proposed Order

View on PACER

March 24, 2025

March 24, 2025

RECAP
40

REPLY to opposition to motion re 28 Motion to Dismiss filed by DEPARTMENT OF JUSTICE. (Georgiev-Remmel, Dimitar) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

Clearinghouse
41

Memorandum in opposition to re 39 Motion to Continue filed by DEPARTMENT OF JUSTICE. (Georgiev-Remmel, Dimitar) (Entered: 03/25/2025)

March 25, 2025

March 25, 2025

RECAP
42

ORDER granting 39 Motion to Continue Preliminary Injunction Hearing. The hearing scheduled for March 27, 2025 is CONTINUED to April 30, 2025 at 10:30 AM. The hearing will be on the record before Judge Jia M. Cobb in Courtroom 3. See order for further details. Signed by Judge Jia M. Cobb on March 26, 2025. (lcjmc2) (Entered: 03/26/2025)

March 26, 2025

March 26, 2025

RECAP
43

STIPULATION of Dismissal of John Doe #4 by JOHN DOE 1-4. Associated Cases: 1:25-cv-00325-JMC, 1:25-cv-00328-JMC(Zaid, Mark) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

RECAP
44

NOTICE re: 38 Discovery Status by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION, JOHN AND JANE DOES 1-9, John Does 1,3-4, Jane Does 1-3 (Attachments: # 1 Exhibit Government's April 14, 2025 Discovery Response)(Donovan, Margaret) Modified to add link on 4/18/2025 (zdp). (Entered: 04/17/2025)

1 Exhibit Government's April 14, 2025 Discovery Response

View on RECAP

April 17, 2025

April 17, 2025

RECAP
45

NOTICE of Compliance and Supplemental Memorandum in Support of Motion to Dismiss by DEPARTMENT OF JUSTICE re 38 Order on Motion to Expedite (Attachments: # 1 Exhibit, # 2 Exhibit)(Georgiev-Remmel, Dimitar) (Entered: 04/18/2025)

1 Exhibit

View on PACER

2 Exhibit

View on PACER

April 18, 2025

April 18, 2025

Clearinghouse
46

NOTICE of Appearance by Tianna Jade Mays on behalf of John Does 1,3-4, Jane Does 1-3 (Mays, Tianna) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

PACER

.Order

April 24, 2025

April 24, 2025

PACER

Order

April 24, 2025

April 24, 2025

PACER

MINUTE ORDER: The parties are advised that argument at the April 30, 2025 preliminary injunction hearing shall be confined to 20 minutes per side. Signed by Judge Jia M. Cobb on April 24, 2025. (lcjmc2)

April 24, 2025

April 24, 2025

PACER
47

MOTION for Extension of Time to Move for Class Certification by JOHN AND JANE DOES 1-9. (Keith, Pamela) (Entered: 04/28/2025)

April 28, 2025

April 28, 2025

RECAP

Order on Motion for Extension of Time to

April 28, 2025

April 28, 2025

PACER

MINUTE ORDER granting 47 Motion for Extension of Time to Move for Class Certification: Upon consideration of Plaintiffs' 47 motion, on which Defendants take no position, it is hereby ORDERED that the motion is GRANTED. The Court will hold in abeyance the requirement to file a motion for class certification under Local Civil Rule 23.1(b) until the Court has ruled on Defendants' dispositive motion and any scheduling order is entered. Signed by Judge Jia M. Cobb on April 28, 2025. (lcjmc2)

April 28, 2025

April 28, 2025

PACER

Preliminary Injunction

April 30, 2025

April 30, 2025

PACER

Minute Entry for proceeding held on 4/30/2025 before Judge Jia M. Cobb: Motion Hearing re 25 Motion for Preliminary Injunction and 28 Motion to Dismiss. The Court heard both arguments and has taken the matter under advisement. (Court Reporter Stacy Johns.) (zed)

April 30, 2025

April 30, 2025

PACER
48

NOTICE OF SUPPLEMENTAL AUTHORITY by DEPARTMENT OF JUSTICE (Georgiev-Remmel, Dimitar) Modified on 5/1/2025, pursuant to Counsel (mg). (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

RECAP
49

NOTICE OF SUPPLEMENTAL AUTHORITY by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION, JOHN AND JANE DOES 1-9, John Does 1,3-4, Jane Does 1-3 (Donovan, Margaret) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

RECAP
50

RESPONSE re 49 NOTICE OF SUPPLEMENTAL AUTHORITY filed by DEPARTMENT OF JUSTICE. (Georgiev-Remmel, Dimitar) (Entered: 05/02/2025)

May 2, 2025

May 2, 2025

RECAP
51

NOTICE of Filing of Relevant New Information by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION, JOHN AND JANE DOES 1-9, John Does 1,3-4, Jane Does 1-3 (Donovan, Margaret) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

RECAP

.Order AND ~Util - Set/Reset Deadlines

May 16, 2025

May 16, 2025

PACER

MINUTE ORDER: The Court ORDERS that Defendants shall file a response to Plaintiffs' 51 notice by May 21, 2025. Signed by Judge Jia M. Cobb on May 16, 2025. (lcjmc2)

May 16, 2025

May 16, 2025

PACER
52

RESPONSE re 51 Notice (Other) filed by DEPARTMENT OF JUSTICE. (Georgiev-Remmel, Dimitar) (Entered: 05/21/2025)

May 21, 2025

May 21, 2025

RECAP

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Equal Employment

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Appointments/Civil Service)

Key Dates

Filing Date: Feb. 4, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are several FBI employees.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

U.S. Department of Justice (District of Columbia), Federal

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

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

Mandamus, 28 U.S.C. § 1361

Privacy Act, 5 U.S.C. § 552a

Constitutional Clause(s):

Due Process: Substantive Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Defendant

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Confidentiality

Other

Presidential/Gubernatorial Authority:

Access to information systems

Civil Service