Case: Electronic Privacy Information Center v. U.S. Office of Personnel Management

1:25-cv-00255 | U.S. District Court for the Eastern District of Virginia

Filed Date: Feb. 10, 2025

Case Ongoing

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Case Summary

This is a case about an alleged mass data breach of federal employee and taxpayer information and the alleged misuse of government information systems. On February 10, 2025, the Electronic Privacy Information Center (EPIC), a nonprofit focused on digital privacy, filed this lawsuit in the United States District Court for the Eastern District of Virginia against the U.S. Department of the Treasury and its Acting Secretary, the U.S. Office of Personnel Management and its Acting Director, and DOGE. The Plaintiff alleged that Defendants had willfully and intentionally permitted their sensitive and protected data to be accessed by DOGE-affiliated individuals outside of the U.S. government without legal justification and in violation of the Administrative Procedure Act, the Privacy Act, and the Fifth Amendment. Represented by Democracy Forward, EPIC sought injunctive relief and mandamus relief to halt what it described as an unlawful takeover of critical government information systems. They sought temporary restraining order, and then more permanent injunctive relief. This case is ongoing.

EPIC alleged that Treasury and OPM officials granted unauthorized individuals access to highly sensitive federal databases, compromising the personal information of millions of federal employees and taxpayers. The lawsuit focused on actions taken under Executive Order 14158, which renamed the U.S. Digital Service as the U.S. DOGE Service and expanded its authority. The complaint cited violations of the Privacy Act of 1974 (5 U.S.C. § 552a) and the Internal Revenue Code (26 U.S.C. § 6103 and § 7431).

On January 20, 2025, the day of his inauguration, President Donald J. Trump signed Executive Order 14158, establishing the Department of Government Efficiency (DOGE) and renaming the U.S. Digital Service as the U.S. DOGE Service (USDS). The executive order instructed agencies to provide DOGE with full access to unclassified government records, software systems, and IT infrastructure, ostensibly to modernize government data systems. Plaintiffs contended that this order facilitated the unlawful transfer of personal data from secure federal systems to individuals affiliated with DOGE who were not federal employees.

Plaintiffs alleged that, beginning on January 27, 2025, after Scott Bessent was confirmed as Secretary of the Treasury, DOGE personnel gained access to the Treasury’s Bureau of Fiscal Service (BFS) payment systems, which process over $6 trillion in annual payments, including Social Security benefits and tax refunds. Plaintiffs further alleged that DOGE personnel accessed the Enterprise Human Resources Integration (EHRI) system, which stores the personal records of federal employees, including Social Security numbers, salaries, home addresses, and job histories. They contended that DOGE operatives lacked the necessary security clearances and training to handle such sensitive data, heightening the risk of misuse or cyberattacks.

On February 1, 2025, screenshots of confidential Treasury payments surfaced on social media, including a post by retired Lt. Gen. Mike Flynn that allegedly contained payment details from the Department of Health and Human Services. Plaintiffs cited these disclosures as evidence that DOGE affiliates were unlawfully exfiltrating, redistributing, and using government-held personal data for unauthorized purposes.

The complaint, filed on February 10, 2025, brought five counts against the defendants, asserting that the Privacy Act (5 U.S.C. § 552a) prohibits the unauthorized disclosure of personal records. Plaintiffs claimed that Treasury and OPM failed to prevent DOGE affiliates from accessing protected data in violation of the Act. EPIC sought a temporary restraining order (TRO) preventing DOGE personnel from accessing Treasury and OPM systems, a preliminary and permanent injunction blocking any further unauthorized use of government data, and a court order compelling OPM and Treasury to report on the status of their IT security measures.

On February 21, 2025, Judge Rossie D. Alston, Jr., denied the TRO, treating the request as a preliminary injunction motion instead. The court expressed skepticism about plaintiffs' standing, noting that they had not demonstrated a concrete injury resulting from the alleged privacy violations. Citing TransUnion LLC v. Ramirez, 594 U.S. 413 (2021), the court reasoned that a mere statutory violation does not constitute harm without evidence of misuse or adverse consequences. While the court acknowledged the potential risks posed by DOGE’s access, it found the plaintiffs’ claims too speculative to warrant immediate injunctive relief. Defendants denied that unauthorized DOGE personnel had access to Treasury or OPM systems, stating that only properly vetted agency employees handled secure data. The government also argued that the executive order was being lawfully implemented to reduce fraud and waste. The court concluded that while the case raised serious privacy concerns, the plaintiffs had not met the high burden required for a TRO or preliminary injunction.

This case is ongoing.

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Summary Authors

Karma Karira (2/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69627950/parties/electronic-privacy-information-center-v-us-office-of-personnel/

Judge(s)

Alston, Rossie David (Virginia)

Attorney for Plaintiff

Butler, Alan Jay (Virginia)

Davisson, John Louis (Virginia)

George, Aman T. (Virginia)

Attorney for Defendant

Baumhart, Peter B. (Virginia)

Judge(s)

Alston, Rossie David (Virginia)

Attorney for Plaintiff

Butler, Alan Jay (Virginia)

Davisson, John Louis (Virginia)

George, Aman T. (Virginia)

Kaplan, Matthew Bryce (Virginia)

Samburg, Mark B. (Virginia)

Thurston, Robin F. (Virginia)

Attorney for Defendant

Baumhart, Peter B. (Virginia)

Lucier, Jonathan Tyler (Virginia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-00255	Complaint for Damages, Injunctive, Mandamus, and Declaratory Relief	Feb. 10, 2025	Feb. 10, 2025 Complaint
7 1:25-cv-00255	Memorandum of Law in Support of Plaintiffs’ Motion for a Temporary Restraining Order	Feb. 13, 2025	Feb. 13, 2025 Pleading / Motion / Brief
35 1:25-cv-00255	Memorandum Opinion and Order	Feb. 21, 2025	Feb. 21, 2025 Order/Opinion 2025 WL 580596

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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/69627950/electronic-privacy-information-center-v-us-office-of-personnel/

Last updated April 21, 2025, 4:01 p.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint (Filing fee $ 405, receipt number AVAEDC-10001650.), filed by Doe 1, Electronic Privacy Information Center. (Attachments: # 1 Civil Cover Sheet)(Kaplan, Matthew) (Entered: 02/10/2025) 1 Civil Cover Sheet View on PACER	Feb. 10, 2025	Feb. 10, 2025 Clearinghouse
	Initial Case Assignment	Feb. 10, 2025	Feb. 10, 2025 PACER
	Initial Case Assignment to District Judge Rossie D. Alston, Jr and US Magistrate Judge William B. Porter. (dvanm)	Feb. 10, 2025	Feb. 10, 2025 PACER
	No summons requested at this time. (dvanm)	Feb. 11, 2025	Feb. 11, 2025 PACER
	Remark	Feb. 11, 2025	Feb. 11, 2025 PACER
2	Proposed Summons re 1 Complaint Proposed Summonses by Doe 1, Electronic Privacy Information Center (Kaplan, Matthew) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 RECAP
3	MOTION MOTION FOR LEAVE TO PROCEED PSEUDONYMOUSLY by Doe 1, Electronic Privacy Information Center. (Attachments: # 1 Memo in Support of Motion, # 2 Exhibit Exhibit A to Memo ISO Motion - Declaration, # 3 Proposed Order)(Kaplan, Matthew) (Entered: 02/11/2025) 1 Memo in Support of Motion View on RECAP 2 Exhibit Exhibit A to Memo ISO Motion - Declaration View on RECAP 3 Proposed Order View on PACER	Feb. 11, 2025	Feb. 11, 2025 PACER
4	Financial Interest Disclosure Statement (Local Rule 7.1) by Doe 1, Electronic Privacy Information Center. (Kaplan, Matthew) (Entered: 02/11/2025)	Feb. 11, 2025	Feb. 11, 2025 RECAP
	Notice of Correction	Feb. 12, 2025	Feb. 12, 2025 PACER
	Notice of Correction re 3 MOTION FOR LEAVE TO PROCEED PSEUDONYMOUSLY. The filing user has been notified to file a Notice of Hearing or a Waiver of Oral Argument. (dvanm)	Feb. 12, 2025	Feb. 12, 2025 PACER
5	MOTION for Temporary Restraining Order by Doe 1, Electronic Privacy Information Center. (Attachments: # 1 Memorandum of Law in Support of Motion, # 2 Affidavit Doe Declaration Exhibit A, # 3 Affidavit Butler Declaration Exhibit B, # 4 Affidavit Kennedy Declaration Exhibit C, # 5 Affidavit Brody Declaration Exhibit D, # 6 Affidavit Schneier Declaration Exhibit E, # 7 Proposed Order)(Kaplan, Matthew) (Entered: 02/12/2025) 1 Memorandum of Law in Support of Motion View on Clearinghouse 2 Affidavit Doe Declaration Exhibit A View on RECAP 3 Affidavit Butler Declaration Exhibit B View on RECAP 4 Affidavit Kennedy Declaration Exhibit C View on RECAP 5 Affidavit Brody Declaration Exhibit D View on RECAP 6 Affidavit Schneier Declaration Exhibit E View on RECAP 7 Proposed Order View on RECAP	Feb. 12, 2025	Feb. 12, 2025 RECAP
	Notice of Correction re 5 MOTION for Temporary Restraining Order. The filing user has been notified to file the Memorandum separately and to file a Notice of Hearing or Waiver of Oral Argument.(dvanm)	Feb. 13, 2025	Feb. 13, 2025 PACER
	Notice of Correction	Feb. 13, 2025	Feb. 13, 2025 PACER
6	Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice)(dvanm) (Entered: 02/13/2025)	Feb. 13, 2025	Feb. 13, 2025 PACER
7	Memorandum in Support re 5 MOTION for Temporary Restraining Order (2-12-25 filed Memorandum is being refiled w/out change as a separately docketed filing, per Clerk's instructions) filed by Doe 1, Electronic Privacy Information Center. (Attachments: # 1 Exhibit Doe Declaration Exhibit A, # 2 Exhibit Butler Declaration Exhibit B, # 3 Exhibit Kennedy Declaration Exhibit C, # 4 Exhibit Brody Declaration Exhibit D, # 5 Exhibit Schneier Declaration Exhibit E)(Kaplan, Matthew) (Entered: 02/13/2025) 1 Exhibit Doe Declaration Exhibit A View on PACER 2 Exhibit Butler Declaration Exhibit B View on PACER 3 Exhibit Kennedy Declaration Exhibit C View on PACER 4 Exhibit Brody Declaration Exhibit D View on PACER 5 Exhibit Schneier Declaration Exhibit E View on PACER	Feb. 13, 2025	Feb. 13, 2025 Clearinghouse
	Set Motion and R&R Deadlines/Hearings	Feb. 14, 2025	Feb. 14, 2025 PACER
8	NOTICE of Appearance by Jonathan Tyler Lucier on behalf of Acting U.S. DOGE Administrator, Scott Bessent, Charles Ezell, U.S. DOGE Service, U.S. Department of the Treasury, U.S. Doge Service Temporary Organization, U.S. Office of Personnel Management (Lucier, Jonathan) (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 PACER
9	Joint MOTION to Set Briefing Schedule and Hearing re 5 MOTION for Temporary Restraining Order by Acting U.S. DOGE Administrator, Scott Bessent, Charles Ezell, U.S. DOGE Service, U.S. Department of the Treasury, U.S. Doge Service Temporary Organization, U.S. Office of Personnel Management. (Attachments: # 1 Proposed Order Defendants' Proposed Order, # 2 Proposed Order Plaintiffs' Proposed Order)(Lucier, Jonathan) (Entered: 02/14/2025) 1 Proposed Order Defendants' Proposed Order View on PACER 2 Proposed Order Plaintiffs' Proposed Order View on PACER	Feb. 14, 2025	Feb. 14, 2025 PACER
10	Motion to appear Pro Hac Vice by Aman T. George and Certification of Local Counsel Matthew B. Kaplan Filing fee $ 75, receipt number AVAEDC-10011096. by Doe 1, Electronic Privacy Information Center. (Kaplan, Matthew) (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 PACER
11	ORDERED that the Court will hold a hearing on Plaintiffs' Motion for Temporary Restraining Order on Friday, February 21, 2025, at 10:00 a.m. in Courtroom 1000. The parties are DIRECTED to inform the Court whether the parties intend to introduce live testimony (see order for further details). Signed by District Judge Rossie D. Alston, Jr. on 02/14/2025. (jlan) (Entered: 02/14/2025)	Feb. 14, 2025	Feb. 14, 2025 PACER
	Motion Hearing set for 2/21/2025 at 10:00 AM in Alexandria Courtroom 1000 before District Judge Rossie D. Alston Jr. as to 5 MOTION for Temporary Restraining Order. (jlan)	Feb. 14, 2025	Feb. 14, 2025 PACER
12	Motion to appear Pro Hac Vice by Aman T. George and Certification of Local Counsel Matthew B. Kaplan (corrected) by Doe 1, Electronic Privacy Information Center. (Kaplan, Matthew) (Entered: 02/15/2025)	Feb. 15, 2025	Feb. 15, 2025 PACER
13	Motion to appear Pro Hac Vice by Alan J. Butler and Certification of Local Counsel Matthew B. Kaplan Filing fee $ 75, receipt number AVAEDC-10011707. by Doe 1, Electronic Privacy Information Center. (Kaplan, Matthew) (Entered: 02/15/2025)	Feb. 15, 2025	Feb. 15, 2025 PACER
14	Motion to appear Pro Hac Vice by John Louis Davisson and Certification of Local Counsel Matthew B. Kaplan Filing fee $ 75, receipt number AVAEDC-10011710. by Doe 1, Electronic Privacy Information Center. (Kaplan, Matthew) (Entered: 02/15/2025)	Feb. 15, 2025	Feb. 15, 2025 PACER
15	Motion to appear Pro Hac Vice by Mark B. Samburg and Certification of Local Counsel Matthew B. Kaplan Filing fee $ 75, receipt number AVAEDC-10011712. by Doe 1, Electronic Privacy Information Center. (Kaplan, Matthew) (Entered: 02/15/2025)	Feb. 15, 2025	Feb. 15, 2025 PACER
16	Motion to appear Pro Hac Vice by Orlando Economos and Certification of Local Counsel Matthew B. Kaplan Filing fee $ 75, receipt number AVAEDC-10011713. by Doe 1, Electronic Privacy Information Center. (Kaplan, Matthew) (Entered: 02/15/2025)	Feb. 15, 2025	Feb. 15, 2025 PACER
17	Motion to appear Pro Hac Vice by Robin F. Thurston and Certification of Local Counsel Matthew B. Kaplan Filing fee $ 75, receipt number AVAEDC-10011720. by Doe 1, Electronic Privacy Information Center. (Kaplan, Matthew) (Entered: 02/15/2025)	Feb. 15, 2025	Feb. 15, 2025 PACER
18	NOTICE by Doe 1, Electronic Privacy Information Center re 1 Complaint, 5 MOTION for Temporary Restraining Order NOTICE OF FACTUAL DEVELOPMENT (Kaplan, Matthew) (Entered: 02/17/2025)	Feb. 17, 2025	Feb. 17, 2025 RECAP
19	Memorandum in Opposition re 5 MOTION for Temporary Restraining Order filed by Acting U.S. DOGE Administrator, Scott Bessent, Charles Ezell, U.S. DOGE Service, U.S. Department of the Treasury, U.S. Doge Service Temporary Organization, U.S. Office of Personnel Management. (Attachments: # 1 Exhibit A (Krause Decl.), # 2 Exhibit B (Wenzler Decl.), # 3 Exhibit C (Hogan Decl.), # 4 Exhibit D (Gioeli Decl.), # 5 Exhibit E (Robinson Decl.))(Lucier, Jonathan) (Entered: 02/18/2025) 1 Exhibit A (Krause Decl.) View on RECAP 2 Exhibit B (Wenzler Decl.) View on RECAP 3 Exhibit C (Hogan Decl.) View on RECAP 4 Exhibit D (Gioeli Decl.) View on RECAP 5 Exhibit E (Robinson Decl.) View on RECAP	Feb. 18, 2025	Feb. 18, 2025 RECAP
20	REPLY to Response to Motion re 5 MOTION for Temporary Restraining Order PLAINTIFFS REPLY IN SUPPORT OF MOTION FOR A TEMPORARY RESTRAINING ORDER filed by Doe 1, Electronic Privacy Information Center. (Attachments: # 1 Affidavit Ex. A - Doe Declaration)(Kaplan, Matthew) (Entered: 02/19/2025) 1 Affidavit Ex. A - Doe Declaration View on PACER	Feb. 19, 2025	Feb. 19, 2025 RECAP
21	NOTICE by Acting U.S. DOGE Administrator, Scott Bessent, Charles Ezell, U.S. DOGE Service, U.S. Department of the Treasury, U.S. Doge Service Temporary Organization, U.S. Office of Personnel Management re 19 Memorandum in Opposition, re Fn. 6 at page 13 re Plaintiffs' Doe and Butler Declarations (Lucier, Jonathan) (Entered: 02/19/2025)	Feb. 19, 2025	Feb. 19, 2025 RECAP
22	RESPONSE to Motion re 3 MOTION MOTION FOR LEAVE TO PROCEED PSEUDONYMOUSLY filed by Acting U.S. DOGE Administrator, Scott Bessent, Charles Ezell, U.S. DOGE Service, U.S. Department of the Treasury, U.S. Doge Service Temporary Organization, U.S. Office of Personnel Management. (Lucier, Jonathan) (Entered: 02/19/2025)	Feb. 19, 2025	Feb. 19, 2025 RECAP
23	NOTICE by Acting U.S. DOGE Administrator, Scott Bessent, Charles Ezell, U.S. DOGE Service, U.S. Department of the Treasury, U.S. Doge Service Temporary Organization, U.S. Office of Personnel Management re 11 Order, Joint Notice re Plaintiffs and Defendants do not intend to introduce live testimony at the Feb 21 hearing (Lucier, Jonathan) (Entered: 02/19/2025)	Feb. 19, 2025	Feb. 19, 2025 RECAP
24	ORDER granting 12 Motion for Pro hac vice Appointed Aman T. George for Doe 1,Aman T. George for Electronic Privacy Information Center. Signed by District Judge Rossie D. Alston, Jr on 2/19/2025. (swil) Modified to update text on 2/20/2025 (swil). (Entered: 02/20/2025)	Feb. 19, 2025	Feb. 19, 2025 PACER
25	ORDER granting 13 Motion for Pro hac vice Appointed Alan Jay Butler for Doe 1,Alan Jay Butler for Electronic Privacy Information Center. Signed by District Judge Rossie D. Alston, Jr on 2/19/2025. (swil) (Entered: 02/20/2025)	Feb. 19, 2025	Feb. 19, 2025 PACER
26	ORDER granting 14 Motion for Pro hac vice Appointed John Louis Davisson for Doe 1,John Louis Davisson for Electronic Privacy Information Center. Signed by District Judge Rossie D. Alston, Jr on 2/19/2025. (swil) (Entered: 02/20/2025)	Feb. 19, 2025	Feb. 19, 2025 PACER
27	ORDER granting 15 Motion for Pro hac vice Appointed Mark B. Samburg for Doe 1,Mark B. Samburg for Electronic Privacy Information Center. Signed by District Judge Rossie D. Alston, Jr on 2/19/2025. (swil) (Entered: 02/20/2025)	Feb. 19, 2025	Feb. 19, 2025 PACER
28	ORDER granting 17 Motion for Pro hac vice Appointed Robin F. Thurston for Doe 1,Robin F. Thurston for Electronic Privacy Information Center. Signed by District Judge Rossie D. Alston, Jr on 2/19/2025. (swil) (Entered: 02/20/2025)	Feb. 19, 2025	Feb. 19, 2025 PACER
29	ORDER granting 3 Motion to proceed under pseudonym. Signed by District Judge Rossie D. Alston, Jr on 2/19/2025. (dvanm) (Entered: 02/20/2025)	Feb. 19, 2025	Feb. 19, 2025 RECAP
30	NOTICE by Acting U.S. DOGE Administrator, Scott Bessent, Charles Ezell, U.S. DOGE Service, U.S. Department of the Treasury, U.S. Doge Service Temporary Organization, U.S. Office of Personnel Management Notice Regarding Similar Cases (Attachments: # 1 Exhibit)(Baumhart, Peter) (Entered: 02/20/2025) 1 Exhibit View on PACER	Feb. 20, 2025	Feb. 20, 2025 RECAP
31	NOTICE of Appearance by Peter B. Baumhart on behalf of Acting U.S. DOGE Administrator, Scott Bessent, Charles Ezell, U.S. DOGE Service, U.S. Department of the Treasury, U.S. Doge Service Temporary Organization, U.S. Office of Personnel Management (Baumhart, Peter) (Entered: 02/20/2025)	Feb. 20, 2025	Feb. 20, 2025 PACER
32	Minute Entry for proceedings held before District Judge Rossie D. Alston, Jr: Motion Hearing held on 2/21/2025. Appearance of counsel. Matter on for Plaintiffs' 5 Motion for a Temporary Restraining Order. Matter argued and taken under advisement. Order to follow. (Court Reporter: T. Harris)(tarm) (Entered: 02/21/2025)	Feb. 21, 2025	Feb. 21, 2025 RECAP
33	NOTICE by Doe 1, Electronic Privacy Information Center re 5 MOTION for Temporary Restraining Order NOTICE OF SUPPLEMENTAL AUTHORITY (Kaplan, Matthew) (Entered: 02/21/2025)	Feb. 21, 2025	Feb. 21, 2025 RECAP
34	Response to 33 NOTICE filed by Acting U.S. DOGE Administrator, Scott Bessent, Charles Ezell, U.S. DOGE Service, U.S. Department of the Treasury, U.S. Doge Service Temporary Organization, U.S. Office of Personnel Management. (Baumhart, Peter) (Entered: 02/21/2025)	Feb. 21, 2025	Feb. 21, 2025 RECAP
35	MEMORANDUM OPINION and ORDER that Plaintiffs' Motion for Temporary Restraining Order (Dkt. 5) is CONVERTED to a Motion for Preliminary Injunction; and it is FURTHER ORDERED that Plaintiffs' Motion for Preliminary Injunction (Dkt. 5) is DENIED (See Memorandum Opinion and Order for details). Signed by District Judge Rossie D. Alston, Jr. on 02/21/2025. (jlan) (Entered: 02/21/2025)	Feb. 21, 2025	Feb. 21, 2025 RECAP
36	SUMMONS Returned Executed by Doe 1, Electronic Privacy Information Center. U.S. Office of Personnel Management served on 2/18/2024, answer due 4/18/2024. (Attachments: # 1 Service on U.S. Attorney)(Kaplan, Matthew) (Entered: 03/23/2025) 1 Service on U.S. Attorney View on RECAP	March 23, 2025	March 23, 2025 RECAP
37	SUMMONS Returned Executed by Doe 1, Electronic Privacy Information Center. Charles Ezell served on 2/18/2024, answer due 4/18/2024. (Attachments: # 1 Proof of Service on U.S. Attorney)(Kaplan, Matthew) (Entered: 03/23/2025) 1 Proof of Service on U.S. Attorney View on RECAP	March 23, 2025	March 23, 2025 RECAP
38	SUMMONS Returned Executed by Doe 1, Electronic Privacy Information Center. U.S. Department of the Treasury served on 2/14/2024, answer due 4/14/2024. (Attachments: # 1 Proof of Service on U.S. Attorney)(Kaplan, Matthew) (Entered: 03/23/2025) 1 Proof of Service on U.S. Attorney View on RECAP	March 23, 2025	March 23, 2025 RECAP
39	SUMMONS Returned Executed by Doe 1, Electronic Privacy Information Center. U.S. DOGE Service served on 2/18/2024, answer due 4/18/2024. (Attachments: # 1 Proof of Service on U.S. Attorney)(Kaplan, Matthew) (Entered: 03/23/2025) 1 Proof of Service on U.S. Attorney View on RECAP	March 23, 2025	March 23, 2025 RECAP
40	SUMMONS Returned Executed by Doe 1, Electronic Privacy Information Center. Acting U.S. DOGE Administrator served on 2/18/2025, answer due 4/21/2025. (Attachments: # 1 Proof of Service on U.S. Attorney)(Kaplan, Matthew) (Entered: 03/23/2025) 1 Proof of Service on U.S. Attorney View on RECAP	March 23, 2025	March 23, 2025 RECAP
41	SUMMONS Returned Executed by Doe 1, Electronic Privacy Information Center. U.S. Doge Service Temporary Organization served on 2/18/2025, answer due 4/21/2025. (Attachments: # 1 Proof of Service on U.S. Attorney)(Kaplan, Matthew) (Entered: 03/23/2025) 1 Proof of Service on U.S. Attorney View on RECAP	March 23, 2025	March 23, 2025 RECAP
42	SUMMONS Returned Executed by Doe 1, Electronic Privacy Information Center. Scott Bessent served on 2/14/2025, answer due 4/15/2025. (Attachments: # 1 Bessent Service)(Kaplan, Matthew) (Entered: 03/26/2025) 1 Bessent Service View on RECAP	March 26, 2025	March 26, 2025 RECAP
43	MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Failure to State a Claim by Acting U.S. DOGE Administrator, Scott Bessent, Charles Ezell, U.S. DOGE Service, U.S. Department of the Treasury, U.S. Doge Service Temporary Organization, U.S. Office of Personnel Management. (Lucier, Jonathan) (Entered: 04/15/2025)	April 15, 2025	April 15, 2025 RECAP
44	Memorandum in Support re 43 MOTION to Dismiss for Lack of Jurisdiction and, in the Alternative, for Failure to State a Claim filed by Acting U.S. DOGE Administrator, Scott Bessent, Charles Ezell, U.S. DOGE Service, U.S. Department of the Treasury, U.S. Doge Service Temporary Organization, U.S. Office of Personnel Management. (Lucier, Jonathan) (Entered: 04/15/2025)	April 15, 2025	April 15, 2025 RECAP
45	Waiver of Hearing re Motion to Dismiss (ECF No. 43) by Acting U.S. DOGE Administrator, Scott Bessent, Charles Ezell, U.S. DOGE Service, U.S. Department of the Treasury, U.S. Doge Service Temporary Organization, U.S. Office of Personnel Management (Lucier, Jonathan) (Entered: 04/15/2025)	April 15, 2025	April 15, 2025 RECAP

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Case Details

State / Territory: Virginia

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. 10, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff Electronic Privacy Information Center (EPIC) is a nonprofit organization, incorporated in Washington, D.C., established in 1994 to focus public attention on emerging privacy and civil liberties issues.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

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

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

Department of Government Efficiency (- United States (national) -), Federal