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

Clearinghouse coding complete

Case Summary

This is a case about the Department of Government Efficiency's ("DOGE") access to government employees' sensitive personal information. On February 11, 2025, five federal employees filed this class action lawsuit in the United States District Court for the District of Columbia against the U.S. Federal Chief Information Officer, the U.S. Department of the Treasury and its Secretary, and U.S. Office of Personnel Management and its Acting Director, Chief of Staff, and Senior Advisor. Plaintiffs al…

This is a case about the Department of Government Efficiency's ("DOGE") access to government employees' sensitive personal information.

On February 11, 2025, five federal employees filed this class action lawsuit in the United States District Court for the District of Columbia against the U.S. Federal Chief Information Officer, the U.S. Department of the Treasury and its Secretary, and U.S. Office of Personnel Management and its Acting Director, Chief of Staff, and Senior Advisor. Plaintiffs alleged that Defendants had willfully and intentionally permitted their personal information to be accessed by DOGE-affiliated individuals outside of the U.S. government without legal justification and without the prior consent of the employees in violation of the Privacy Act,  5 U.S.C. § 552a. Such personal information included their full names, home addresses, Social Security Numbers, driver’s license numbers, health information and insurance provider information, and personal financial information. Plaintiffs sought class certification on behalf of themselves and all current, former, and prospective employees of the U.S. government whose personal information was accessed without their prior written authorization from OPM and Department of Treasury beginning in January 2025 (“Nationwide Class”). Plaintiffs also sought a jury trial and judgment on appropriate relief, including actual and statutory damages; injunctive relief; declaratory relief; and any other relief the court found just and proper.

The case was assigned to Judge Christopher R. Cooper. 

This case is ongoing.

Summary Authors

Madilynn O'Hara (2/17/2025)

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)

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Documents in the Clearinghouse

Document
1

1:25-cv-00407

Class Action Complaint

Feb. 11, 2025

Feb. 11, 2025

Complaint

Resources

Docket

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

Last updated April 21, 2025, 4:04 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

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2 Summons United States Office of Personnel Management

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3 Summons Charles Ezell

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4 Summons Amanda Scales

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5 Summons Brian Bjelde

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6 Summons Gregory Barbaccia

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7 Summons United States Department of the Treasury

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8 Summons Scott Bessent

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9 Summons Attorney General of the United States

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10 Summons U.S. Attorney for the District of Columbia

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11 Summons Civil Process Clerk

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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

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2 Affidavit of Service - Charles Ezell, Acting Director of U.S. Office of Personne

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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

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

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:

government employees whose sensitive personal information was given to DOGE on behalf of a class of like-situated government employees

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

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

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

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Privacy Act, 5 U.S.C. § 552a

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Presidential/Gubernatorial Authority:

Access to information systems

DOGE (Department of Government Efficiency)