Case: Nemeth-Greenleaf v. United States Office of Personnel Management

1:25-cv-00407 | U.S. District Court for the District of District of Columbia

Filed Date: Feb. 11, 2025

Case Ongoing

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Case Summary

This case challenged the federal government’s alleged unauthorized disclosure of sensitive personnel, financial, and health data of federal employees to individuals affiliated with the Department of Government Efficiency (DOGE). On February 11, 2025, five federal employees filed a class-action lawsuit in the U.S. District Court for the District of Columbia against the Office of Personnel Management (OPM) and the Department of the Treasury, asserting violations of the Privacy Act of 1974. Plaint…

The case was assigned to Judge Christopher R. Cooper.

Plaintiffs alleged that since January 2025, OPM and Treasury had granted DOGE-affiliated individuals—including non-governmental personnel lacking security clearances—unlawful access to databases containing the personal sensitive information (PSI) of millions of federal employees. These systems allegedly included OPM’s Enterprise Human Resources Integration (EHRI), USAJOBS, security clearance files, and Treasury’s Fiscal Service platforms. Plaintiffs claimed that DOGE operatives—some of whom were teenagers or recent college graduates connected to Elon Musk—received administrative credentials, exfiltrated government data, and transmitted unencrypted records outside government channels. They further alleged the government failed to maintain statutory safeguards required by the Privacy Act and the Federal Information Security Modernization Act (FISMA), and that the breaches exposed them to identity theft, fraud, and national security risks.

The amended complaint, filed June 30, 2025, described data breaches at multiple agencies, including the National Labor Relations Board and the Comptroller of the Currency, as evidence of systemic vulnerability and retaliatory targeting of federal employees. Plaintiffs sought class certification, declaratory and injunctive relief, and statutory and actual damages under 5 U.S.C. § 552a(b) and (e)(10).

On May 19, 2025, the government filed a motion to dismiss the original complaint, arguing lack of standing, failure to plead concrete harm, and sovereign immunity. After the plaintiffs amended their complaint, the government requested additional time to respond, citing new legal issues and factual allegations raised in the amended filing. On July 10, 2025, the court granted the government’s unopposed motion to extend its deadline to respond to the amended complaint to August 4, 2025.

As of July 2025, the government’s motion to dismiss the amended complaint remained forthcoming.

The case is ongoing.

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Summary Authors

Madilynn O'Hara (2/17/2025)

Brian Chen (8/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69629660/parties/nemeth-greenleaf-v-united-states-office-of-personnel-management/

Attorney for Plaintiff

Block, Sarah M. (District of Columbia)

Faulman, Sara Lyn (District of Columbia)

Gold, Andrea R. (District of Columbia)

McGillivary, Gregory K. (District of Columbia)

Attorney for Defendant

Anon, Pierce (District of Columbia)

Attorney for Plaintiff

Block, Sarah M. (District of Columbia)

Faulman, Sara Lyn (District of Columbia)

Gold, Andrea R. (District of Columbia)

McGillivary, Gregory K. (District of Columbia)

Seidita, Gemma (District of Columbia)

Stewart, John Welling (District of Columbia)

Zavareei, Hassan A. (District of Columbia)

Attorney for Defendant

Anon, Pierce (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-00407	Class Action Complaint	Feb. 11, 2025	Feb. 11, 2025 Complaint

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Resources

Title	Description		External URL Date / External URL
EO 14158 - Establishing and Implementing the President's "Department of Government Efficiency" President Donald Trump	Establishing the Department of Government Efficiency to implement the President's DOGE Agenda, by modernizing Federal technology and software to maximize governmental efficiency and productivity.	Jan. 20, 2025	Jan. 20, 2025 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69629660/nemeth-greenleaf-v-united-states-office-of-personnel-management/

Last updated Aug. 19, 2025, 10:55 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against GREGORY BARBACCIA, SCOTT BESSENT, BRIAN BJELDE, CHARLES EZELL, AMANDA SCALES, UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT with Jury Demand ( Filing fee $ 405 receipt number ADCDC-11472519) filed by JON MICHEL, JASON JUDKINS, DENISE NEMETH-GREENLEAF, DONNA NEMETH, MICHAEL RIFER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons United States Office of Personnel Management, # 3 Summons Charles Ezell, # 4 Summons Amanda Scales, # 5 Summons Brian Bjelde, # 6 Summons Gregory Barbaccia, # 7 Summons United States Department of the Treasury, # 8 Summons Scott Bessent, # 9 Summons Attorney General of the United States, # 10 Summons U.S. Attorney for the District of Columbia, # 11 Summons Civil Process Clerk)(Zavareei, Hassan) (Entered: 02/11/2025) 1 Civil Cover Sheet View on PACER 2 Summons United States Office of Personnel Management View on PACER 3 Summons Charles Ezell View on PACER 4 Summons Amanda Scales View on PACER 5 Summons Brian Bjelde View on PACER 6 Summons Gregory Barbaccia View on PACER 7 Summons United States Department of the Treasury View on PACER 8 Summons Scott Bessent View on PACER 9 Summons Attorney General of the United States View on PACER 10 Summons U.S. Attorney for the District of Columbia View on PACER 11 Summons Civil Process Clerk View on PACER	Feb. 11, 2025	Feb. 11, 2025 Clearinghouse
2	NOTICE of Appearance by Gregory K. McGillivary on behalf of All Plaintiffs (McGillivary, Gregory) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 PACER
3	NOTICE of Appearance by Sara Lyn Faulman on behalf of All Plaintiffs (Faulman, Sara) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 PACER
4	NOTICE of Appearance by John Welling Stewart on behalf of All Plaintiffs (Stewart, John) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 PACER
5	NOTICE of Appearance by Sarah M. Block on behalf of All Plaintiffs (Block, Sarah) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 PACER
6	SEALED DOCUMENT filed by DENISE NEMETH-GREENLEAF, JASON JUDKINS, JON MICHEL, DONNA NEMETH, MICHAEL RIFER(This document is SEALED and only available to authorized persons.)(Zavareei, Hassan) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 PACER
	NOTICE OF NEW CASE ERROR The following error(s) need correction: Incorrect summonses. Please locate the summons applicable to your case at www.dcd.uscourts.gov/new-case-forms and file using the event Request for Summons to issue. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmtm)	Feb. 12, 2025	Feb. 12, 2025 PACER
	Notice of Error- New Case	Feb. 12, 2025	Feb. 12, 2025 PACER
	Case Assigned/Reassigned	Feb. 12, 2025	Feb. 12, 2025 PACER
	ENTERED IN ERROR.....NOTICE OF NEW CASE ERROR The following error(s) need correction: Incorrect summonses. Please locate the summons applicable to your case at www.dcd.uscourts.gov/new-case-forms and file using the event Request for Summons to issue. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmtm) Modified on 2/12/2025 (zmtm).	Feb. 12, 2025	Feb. 12, 2025 PACER
	Case Assigned to Judge Christopher R. Cooper. (zmtm)	Feb. 12, 2025	Feb. 12, 2025 PACER
7	SUMMONS (10) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 02/12/2025) 1 Notice and Consent View on PACER	Feb. 12, 2025	Feb. 12, 2025 RECAP
	Notice of Provisional/Government Not Certified Status	Feb. 13, 2025	Feb. 13, 2025 PACER
8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/18/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/19/2025. (Zavareei, Hassan) (Entered: 02/27/2025)	Feb. 27, 2025	Feb. 27, 2025 RECAP
9	ENTERED IN ERROR....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/14/2025. (Zavareei, Hassan) Modified on 2/27/2025; entered in error at the request of counsel (zdp). (Entered: 02/27/2025)	Feb. 27, 2025	Feb. 27, 2025 PACER
10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. GREGORY BARBACCIA served on 2/18/2025; BRIAN BJELDE served on 2/18/2025; CHARLES EZELL served on 2/18/2025; AMANDA SCALES served on 2/18/2025; UNITED STATES OFFICE OF PERSONNEL MANAGEMENT served on 2/18/2025 (Attachments: # 1 Affidavit of Service - Brian Bjelde, U.S. Office of Personnel Management Senior Advisor, in his official capacity, # 2 Affidavit of Service - Charles Ezell, Acting Director of U.S. Office of Personnel Management, in his official capacity, # 3 Affidavit of Service - Gregory Barbaccia, U.S. Federal Chief Information Officer, in his official capacity, # 4 Affidavit of Service - United States Office of Personnel Management)(Zavareei, Hassan) (Entered: 02/27/2025) 1 Affidavit of Service - Brian Bjelde, U.S. Office of Personnel Management Senior View on RECAP 2 Affidavit of Service - Charles Ezell, Acting Director of U.S. Office of Personne View on RECAP 3 Affidavit of Service - Gregory Barbaccia, U.S. Federal Chief Information Officer View on RECAP 4 Affidavit of Service - United States Office of Personnel Management View on RECAP	Feb. 27, 2025	Feb. 27, 2025 RECAP
11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/18/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/19/2025. (Zavareei, Hassan) (Entered: 02/27/2025)	Feb. 27, 2025	Feb. 27, 2025 RECAP
12	NOTICE of Appearance by Pierce Anon on behalf of All Defendants (Anon, Pierce) (Entered: 03/26/2025)	March 26, 2025	March 26, 2025 RECAP
13	NOTICE of Appearance by Andrea R. Gold on behalf of DENISE NEMETH-GREENLEAF, JASON JUDKINS, JON MICHEL, DONNA NEMETH, MICHAEL RIFER (Gold, Andrea) (Entered: 03/27/2025)	March 27, 2025	March 27, 2025 RECAP
14	First MOTION for Extension of Time to File Response/Reply by GREGORY BARBACCIA, SCOTT BESSENT, BRIAN BJELDE, CHARLES EZELL, AMANDA SCALES, UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Attachments: # 1 Text of Proposed Order)(Anon, Pierce) (Entered: 04/14/2025) 1 Text of Proposed Order View on PACER	April 14, 2025	April 14, 2025 RECAP
	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines	April 14, 2025	April 14, 2025 PACER
	MINUTE ORDER granting Defendants' 14 Motion for Extension of Time to Respond. Defendants shall answer or otherwise respond to Plaintiffs' complaint by May 19, 2025. Signed by Judge Christopher R. Cooper on 4/14/2025. (lccrc2)	April 14, 2025	April 14, 2025 PACER
15	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 02/27/2025. (Gold, Andrea) (Entered: 04/22/2025)	April 22, 2025	April 22, 2025 PACER
16	Unopposed MOTION for Extension of Time to File Motion for Class Certification by JASON JUDKINS, JON MICHEL, DONNA NEMETH, DENISE NEMETH-GREENLEAF, MICHAEL RIFER. (Attachments: # 1 Text of Proposed Order)(Gold, Andrea) (Entered: 04/28/2025)	April 28, 2025	April 28, 2025 PACER
	Order on Motion for Extension of Time to	April 29, 2025	April 29, 2025 PACER
	MINUTE ORDER granting Plaintiffs' 16 Motion for Extension of Time to File Motion for Class Certification. Plaintiffs' deadline to file a motion for class certification is hereby held in abeyance. Signed by Judge Christopher R. Cooper on 4/29/2025. (lccrc2)	April 29, 2025	April 29, 2025 PACER
17	MOTION to Dismiss by GREGORY BARBACCIA, SCOTT BESSENT, BRIAN BJELDE, CHARLES EZELL, AMANDA SCALES, UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Anon, Pierce) (Entered: 05/19/2025)	May 19, 2025	May 19, 2025 RECAP
18	Unopposed MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by JASON JUDKINS, JON MICHEL, DONNA NEMETH, DENISE NEMETH-GREENLEAF, MICHAEL RIFER. (Gold, Andrea) (Entered: 05/27/2025)	May 27, 2025	May 27, 2025 PACER
	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines	May 28, 2025	May 28, 2025 PACER
	MINUTE ORDER granting Plaintiffs' 18 Motion for Extension of Time to File Response to Defendants' 17 Motion to Dismiss. Plaintiffs shall file an amended pleading or opposition by June 30, 2025. Signed by Judge Christopher R. Cooper on 5/28/2025. (lccrc2)	May 28, 2025	May 28, 2025 PACER
19	AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT filed by JON MICHEL, JASON JUDKINS, DONNA NEMETH, DENISE NEMETH-GREENLEAF, MICHAEL RIFER.(Zavareei, Hassan) (Entered: 06/30/2025)	June 30, 2025	June 30, 2025 RECAP
20	MOTION for Extension of Time to File Response/Reply to Plaintiffs' Amended Complaint by GREGORY BARBACCIA, SCOTT BESSENT, BRIAN BJELDE, CHARLES EZELL, AMANDA SCALES, UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Attachments: # 1 Text of Proposed Order)(Anon, Pierce) (Entered: 07/10/2025)	July 10, 2025	July 10, 2025 RECAP
	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines	July 11, 2025	July 11, 2025 PACER
	Set/Reset Deadlines	July 11, 2025	July 11, 2025 PACER
	MINUTE ORDER granting 20 Defendants' Motion for Extension of Time to File Response to 19 Plaintiffs' Amended Complaint. Defendants shall answer or otherwise respond by August 4, 2025. Signed by Judge Christopher R. Cooper on 7/11/2025. (lccrc2)	July 11, 2025	July 11, 2025 PACER
	Set/Reset Deadlines: Answer or otherwise respond by 8/4/2025. (znbn)	July 11, 2025	July 11, 2025 PACER
21	NOTICE of Appearance by Gemma Seidita on behalf of All Plaintiffs (Seidita, Gemma) (Entered: 07/15/2025)	July 15, 2025	July 15, 2025 PACER
22	Dismiss	Aug. 4, 2025	Aug. 4, 2025 RECAP
23	Extension of Time to File Response/Reply	Aug. 8, 2025	Aug. 8, 2025 RECAP
	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines	Aug. 12, 2025	Aug. 12, 2025 PACER