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. The plaintiffs claimed that the Tr…

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. The plaintiffs claimed that the Trump Administration's plans to assemble such a list violated the First Amendment, the Due Process Clause, and the Privacy Act of 1974. Represented by the Center for Employment Justice, the 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 the plaintiffs filed the complaint, the plaintiffs filed a motion for a temporary restraining order. A hearing on the motion for the temporary restraining order was scheduled for February 6, 2025.

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 an all day hearing on the TRO motions in both cases, Judge Cobb ordered a continuance to February 7 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 the defendants agreed not to publicly disclose or disseminate the list of FBI employees’ names before the Court ruled on the plaintiffs’ forthcoming motion for a preliminary injunction. The 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 the plaintiffs’ motion for a preliminary injunction. The Court further ordered a preliminary injunction hearing for March 24, 2025.

As of February 11, 2025, the case was ongoing.

Summary Authors

Meredith Ulle (2/11/2025)

Related Cases

Federal Bureau of Investigation Agents Association v. Department 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

Keith, Pamela M. (District of Columbia)

Lempert, Scott Michael (District of Columbia)

Mattei, Christopher (District of Columbia)

Attorney for Defendant

Georgiev-Remmel, Dimitar (District of Columbia)

Simon, Jeremy S. (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

Docket

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

Last updated Feb. 14, 2025, 3:12 p.m.

ECF Number Description Date Link Date / Link

Notice of Error- New Case

Feb. 4, 2025

Feb. 4, 2025

PACER

Case Assigned/Reassigned

Feb. 4, 2025

Feb. 4, 2025

PACER
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

View on PACER

Feb. 4, 2025

Feb. 4, 2025

RECAP

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
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

RECAP
6

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

RECAP

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

Feb. 4, 2025

Feb. 4, 2025

PACER
7

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

RECAP
8

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

RECAP

.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
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
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
11

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

RECAP

.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

.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
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

Order

Feb. 7, 2025

Feb. 7, 2025

PACER
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

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
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

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

RECAP
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

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

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: Pending

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

Privacy Act, 5 U.S.C. § 552a

Constitutional Clause(s):

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

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