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 disclosure of millions of federal employees' personnel, financial, and health data to outside actors tied to a White House initiative known as 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. The complaint sought declaratory and injunctive relief and damages under 5 U.S.C. § 552a(g)(4) based on alleged violations of § 552a(b) and § 552a(e)(10). Plaintiffs were represented by Tycko & Zavareei LLP and McGillivary Steele Elkin LLP. Federal employees and unions filed a parallel challenge to DOGE's access to OPM data the same day in the U.S. District Court for the Southern District of New York (see American Federation of Government Employees, AFL-CIO v. U.S. Office of Personnel Management, No. 1:25-cv-01237 (S.D.N.Y. filed Feb. 11, 2025)), a separate case raising similar claims.

The case was assigned to District 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 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 according to plaintiffs, 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.

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. On June 30, 2025, plaintiffs filed an amended complaint that dropped the previously named individual officials as defendants and proceeded solely against OPM and Treasury as agencies. The amended complaint added details about 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. The government requested additional time to respond, and on July 10, 2025, the court granted an extension to August 4, 2025.

On August 4, 2025, OPM and Treasury moved to dismiss the amended complaint, arguing lack of Article III standing (no concrete injury) and failure to state a claim, and further contending that Privacy Act damages require pecuniary loss, injunctive relief is limited by the statute, and FISMA has no private right of action. Plaintiffs filed their opposition on September 18, 2025, citing D.D.C. and D.C. Circuit decisions recognizing concrete harm and actual damages in analogous data exposure cases, including the OPM data breach litigation. They disputed the government's arguments on causation and remedies, pointing to fraudulent transactions and mitigation costs as evidence of pecuniary harm. The government filed its reply on September 25, 2025.

As of October 23, 2025, the motion to dismiss the amended complaint was fully briefed and pending before District Judge Christopher R. Cooper. No opinion had issued, and class certification had not yet been decided. The case remained ongoing.

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Summary Authors

Madilynn O'Hara (2/17/2025)

Brian Chen (8/4/2025)

Clay Canady (10/23/2025)

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/

Judge(s)

Cooper, Christopher Reid (District of Columbia)

Attorney for Plaintiff

Block, Sarah M. (District of Columbia)

Faulman, Sara Lyn (District of Columbia)

Gold, Andrea R. (District of Columbia)

Attorney for Defendant

Anon, Pierce (District of Columbia)

Judge(s)

Cooper, Christopher Reid (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
17 1:25-cv-00407	Defendants' Motion to Dismiss Plaintiffs' Complaint	May 19, 2025	May 19, 2025 Pleading / Motion / Brief
19 1:25-cv-00407	First Amended Class Action Complaint	June 30, 2025	June 30, 2025 Complaint
22 1:25-cv-00407	Defendants' Motion to Dismiss Plaintiffs' Amended Complaint	Aug. 4, 2025	Aug. 4, 2025 Pleading / Motion / Brief
24 1:25-cv-00407	Plaintiffs' Opposition to Defendants' Motion to Dismiss the First Amended Complaint	Sept. 18, 2025	Sept. 18, 2025 Pleading / Motion / Brief
25 1:25-cv-00407	Defendants' Reply in Support of Motion to Dismiss	Sept. 25, 2025	Sept. 25, 2025 Pleading / Motion / Brief

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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 Nov. 27, 2025, 2:16 a.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
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
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
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
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
	NOTICE of Provisional/Government Not Certified Status re 2 NOTICE of Appearance by Gregory K. McGillivary on behalf of All Plaintiffs (McGillivary, Gregory).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/18/2025. (zhcn)	Feb. 11, 2025	Feb. 11, 2025
	RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 2 NOTICE of Appearance by Gregory K. McGillivary on behalf of All Plaintiffs (McGillivary, Gregory).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/18/2025. (zhcn) Modified on 2/20/2025 (zhcn).	Feb. 11, 2025	Feb. 11, 2025
	NOTICE of Provisional/Government Not Certified Status re 3 NOTICE of Appearance by Sara Lyn Faulman on behalf of All Plaintiffs (Faulman, Sara).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/18/2025. (zhcn)	Feb. 11, 2025	Feb. 11, 2025
	RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 3 NOTICE of Appearance by Sara Lyn Faulman on behalf of All Plaintiffs (Faulman, Sara).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/18/2025. (zhcn) Modified on 2/20/2025 (zhcn).	Feb. 11, 2025	Feb. 11, 2025
	RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 5 NOTICE of Appearance by Sarah M. Block on behalf of All Plaintiffs (Block, Sarah).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/18/2025. (zhcn) Modified on 2/13/2025 (zhcn).	Feb. 11, 2025	Feb. 11, 2025
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 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
	Notice of Error- New Case	Feb. 12, 2025	Feb. 12, 2025
	Case Assigned/Reassigned	Feb. 12, 2025	Feb. 12, 2025
	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
	Case Assigned to Judge Christopher R. Cooper. (zmtm)	Feb. 12, 2025	Feb. 12, 2025
	Notice of Provisional/Government Not Certified Status	Feb. 13, 2025	Feb. 13, 2025
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
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
	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
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
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
	Order on Motion for Extension of Time to	April 29, 2025	April 29, 2025
	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
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 Clearinghouse
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
	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines	May 28, 2025	May 28, 2025
	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
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 Clearinghouse
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 Clearinghouse
	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines	July 11, 2025	July 11, 2025
	Set/Reset Deadlines	July 11, 2025	July 11, 2025
	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
	Set/Reset Deadlines: Answer or otherwise respond by 8/4/2025. (znbn)	July 11, 2025	July 11, 2025
21	NOTICE of Appearance by Gemma Seidita on behalf of All Plaintiffs (Seidita, Gemma) (Entered: 07/15/2025)	July 15, 2025	July 15, 2025
22	MOTION to Dismiss by UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Anon, Pierce) (Entered: 08/04/2025)	Aug. 4, 2025	Aug. 4, 2025 Clearinghouse
23	Unopposed MOTION for Extension of Time to File Response/Reply as to 22 MOTION to Dismiss by JASON JUDKINS, JON MICHEL, DONNA NEMETH, DENISE NEMETH-GREENLEAF, MICHAEL RIFER. (Attachments: # 1 Text of Proposed Order)(Faulman, Sara) (Entered: 08/08/2025)	Aug. 8, 2025	Aug. 8, 2025 RECAP
	MINUTE ORDER granting 23 Plaintiffs' Motion for Extension of Time to File their Opposition to 22 Defendants' Motion to Dismiss. Plaintiffs' Opposition is now due by 9/18/2025. The Defendants' Reply is due by by 9/25/2025. Signed by Judge Christopher R. Cooper on 8/12/2025. (lccrc2)	Aug. 12, 2025	Aug. 12, 2025
	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines	Aug. 12, 2025	Aug. 12, 2025
24	Memorandum in opposition to re 22 MOTION to Dismiss filed by JASON JUDKINS, JON MICHEL, DONNA NEMETH, DENISE NEMETH-GREENLEAF, MICHAEL RIFER. (Faulman, Sara) (Entered: 09/18/2025)	Sept. 18, 2025	Sept. 18, 2025 Clearinghouse
25	REPLY to opposition to motion re 22 Motion to Dismiss filed by UNITED STATES DEPARTMENT OF THE TREASURY, UNITED STATES OFFICE OF PERSONNEL MANAGEMENT. (Anon, Pierce) (Entered: 09/25/2025)	Sept. 25, 2025	Sept. 25, 2025 Clearinghouse

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

DOGE Status/Information Access

Key Dates

Filing Date: Feb. 11, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Five federal employees seeking to represent a putative class of federal employees whose personal information was allegedly disclosed to DOGE‑affiliated individuals.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Federal Chief Information Officer (- United States (national) -), Federal

U.S. Department of the Treasury (- United States (national) -), Federal

Secretary, Department of the Treasury (- United States (national) -), Federal

Office of Personnel Management (- United States (national) -), Federal

Acting Director of the Office of Personnel Management (- United States (national) -), Federal