Case: Federal Bur. of Investigation Agents Association v. Dep't of Justice

FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION v. DEPARTMENT OF JUSTICE

Federal Bureau of Investigation Agents Association v. Department of Justice

Federal Bureau of Investigation Agents Association v. Department of Justice

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11455248) filed by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION, Jane Doe 1-3, John Doe 1-4. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet, # 2 Summons Summons - USAO DC, # 3 Summons Summons - AG, # 4 Summons Summons - USA, # 5 Exhibit Local Rule 26,1 Cert)(Zaid, Mark) (Entered: 02/04/2025)

1 Civil Cover Sheet Civil Cover Sheet

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2 Summons Summons - USAO DC

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3 Summons Summons - AG

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4 Summons Summons - USA

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5 Exhibit Local Rule 26,1 Cert

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Notice of Error- New Case

MOTION for Temporary Restraining Order by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION, John Doe 1-4, Jane Doe 1-3. (Attachments: # 1 Memorandum in Support Memorandum of Law, # 2 Text of Proposed Order Proposed Order)(Zaid, Mark) (Entered: 02/04/2025)

1 Memorandum in Support Memorandum of Law

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2 Text of Proposed Order Proposed Order

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Case Assigned/Reassigned

MOTION to Proceed Under Pseudonym re 1 Complaint, by John Doe 1-4, Jane Doe 1-3. (Attachments: # 1 Memorandum in Support Memorandum of Law, # 2 Text of Proposed Order Proposed Order)(Zaid, Mark) Modified on 2/4/2025 to correct event and docket text (zsl). (Entered: 02/04/2025)

1 Memorandum in Support Memorandum of Law

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2 Text of Proposed Order Proposed Order

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SEALED DOCUMENT filed by John Doe 1-4, Jane Doe 1-3 re 3 MOTION for Individual Plaintiffs to Proceed Under Pseudonym re 1 Complaint, (This document is SEALED and only available to authorized persons.)(Zaid, Mark) (Entered: 02/04/2025)

NOTICE OF NEW CASE ERROR The following error(s) need correction: 1. Blank/Incomplete/Missing Certificate Under LCvR 26.1. Please file the Certificate Under LCvR 26.1 form at www.dcd.uscourts.gov/new-case-forms using the event LCvR 26.1 Certificate of Disclosure - Corporate Affiliations/Financial Interests. 2. Form filed as fillable PDF. Please file form in a non-fillable PDF format. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zsl)

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION (Zaid, Mark) (Main Document 5 replaced on 2/5/2025) (znmw). (Entered: 02/04/2025)

NOTICE of Appearance by Bradley Prescott Moss on behalf of John Doe 1-4, Jane Doe 1-3 (Moss, Bradley) (Entered: 02/04/2025)

ERRATA re: LCvR 26.1 Certificate by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION. (Attachments: # 1 Exhibit Local Rule 26.1 Certificate (non-fillable))(Zaid, Mark) (Entered: 02/04/2025)

NOTICE of Appearance by Andrew Peter Bakaj on behalf of John Doe 1-4, Jane Doe 1-3 (Bakaj, Andrew) (Entered: 02/04/2025)

MOTION to Seal Declaration of Mark S. Zaid, Esq. by John Doe 1-4, Jane Doe 1-3. (Attachments: # 1 Text of Proposed Order Proposed Order)(Zaid, Mark) (Entered: 02/04/2025)

1 Text of Proposed Order Proposed Order

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CERTIFICATE OF SERVICE by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION, John Doe 1-4, Jane Doe 1-3 re 2 MOTION for Temporary Restraining Order . (Zaid, Mark) (Entered: 02/04/2025)

Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Christopher Mattei, Filing fee $ 100, receipt number ADCDC-11456442. Fee Status: Fee Paid. by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION, John Doe 1-4, Jane Doe 1-3. (Attachments: # 1 Exhibit 1 - Zaid Declaration, # 2 Exhibit 2 - Mattei Application, # 3 Text of Proposed Order Proposed Order)(Zaid, Mark) (Entered: 02/04/2025)

Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Margaret Donovan, Filing fee $ 100, receipt number ADCDC-11456450. Fee Status: Fee Paid. by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION, John Doe 1-4, Jane Doe 1-3. (Attachments: # 1 Exhibit 1 - Zaid Declaration, # 2 Exhibit 2 - Donovan Application, # 3 Text of Proposed Order Proposed Order)(Zaid, Mark) (Entered: 02/04/2025)

ORDER: The Court ORDERS that: 1) Plaintiffs' 3 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) Plaintiffs' 9 Motion to Seal Declaration from Defendants is DENIED WITHOUT PREJUDICE, subject to any further consideration by the United States District Judge to whom this case is randomly assigned; 3) All parties shall use the pseudonyms listed in the Complaint in all documents filed in this action; and 4) Plaintiffs' 4 declaration shall remain under seal from the public, but not the parties. Signed by Chief Judge James E. Boasberg on 2/4/2025. (lcjeb1) (Entered: 02/04/2025)

NOTICE of Appearance by Dimitar Georgiev-Remmel on behalf of DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA (Georgiev-Remmel, Dimitar) (Entered: 02/04/2025)

Case Assigned to Judge Timothy J. Kelly. (zjd)

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

Case directly reassigned to Judge Jia M. Cobb as related. Judge Timothy J. Kelly is no longer assigned to the case. (ztnr) (Entered: 02/05/2025)

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)

.Order AND ~Util - Set/Reset Hearings

MINUTE ORDER denying 12 Consent Motion for Leave to Appear Pro Hac Vice: This District's local rules require that motions to appear pro hac vice "be accompanied by a certificate of the court or bar for the state in which the applicant regularly practices, which has been issued within thirty (30) days of filing and states that the applicant is a member in good standing of the bar of that state court." LCvR 83.2(e)(2). Ms. Donovan's certificates of good standing are dated July 2024. The Court therefore DENIES Plaintiffs' 12 motion without prejudice to refiling a compliant motion. Signed by Judge Jia M. Cobb on February 5, 2025. (lcjmc2)

MINUTE ORDER granting 11 Consent Motion for Leave to Appear Pro Hac Vice: Attorney Christopher Mattei 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 5, 2025. (lcjmc2)

Consent MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Margaret Donovan, Filing fee $ 100, receipt number ADCDC-11458527. Fee Status: Fee Paid. by FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION. (Attachments: # 1 Exhibit 1 - Zaid Declaration, # 2 Exhibit 2 - Donovan Application, # 3 Text of Proposed Order Proposed Order)(Zaid, Mark) (Entered: 02/05/2025)

1 Exhibit 1 - Zaid Declaration

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2 Exhibit 2 - Donovan Application

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3 Text of Proposed Order Proposed Order

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MINUTE ORDER granting 17 Consent Motion for Leave to Appear Pro Hac Vice: Attorney Margaret Donovan 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 5, 2025. (lcjmc2)

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

Memorandum in opposition to re 2 Motion for TRO, filed by DEPARTMENT OF JUSTICE, UNITED STATES OF AMERICA. (Attachments: # 1 Opposition to TRO (Case Number 25 0325), # 2 Proposed Order)(Simon, Jeremy) (Entered: 02/06/2025)

1 Opposition to TRO (Case Number 25 0325)

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2 Proposed Order

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.Order

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

NOTICE of Appearance by Norman Larry Eisen on behalf of JOHN DOE 1-4, JANE DOE 1-3 (zdp) (Entered: 02/06/2025)

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)

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 Renewed 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)

Cases Consolidated. This case has been consolidated with case 25cv325 From this date forward, all pleadings shall be filed ONLY in the lead case, 25cv325. Parties are advised NOT to elect the SPREAD TEXT option when filing in ECF, as this will result in repetitive docketing. (zdp)

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)

.Order AND ~Util - Set/Reset Hearings

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

1 Proposed Order

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Order

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)

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)

NOTICE of Appearance by Margaret Donovan on behalf of FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION (Donovan, Margaret) (Entered: 02/07/2025)

Create Case Association

NOTICE of Appearance by Christopher Mattei on behalf of FEDERAL BUREAU OF INVESTIGATION AGENTS ASSOCIATION (Mattei, Christopher) (Entered: 02/12/2025)

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)

NOTICE of Appearance by Bradley Prescott Moss on behalf of JOHN DOE 1-4, JANE DOE 1-3 (Moss, Bradley) (Entered: 02/26/2025)

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)