1
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COMPLAINT by American Oversight against All Defendants ( Filing fee $ 405 receipt number ADCDC-11473030) filed by American Oversight. (Attachments: # 1 Civil Cover Sheet cvr sheet, # 2 Summons USAO summons, # 3 Summons AG Summons, # 4 Summons DOGE Summons, # 5 Summons DOGE Service Summons, # 6 Summons DOGE Service Temp Org summons, # 7 Summons Digital Service summons, # 8 Summons OMB summons)(Haddix, Elizabeth) (Entered: 02/11/2025)
1 Civil Cover Sheet cvr sheet
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2 Summons USAO summons
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3 Summons AG Summons
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4 Summons DOGE Summons
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5 Summons DOGE Service Summons
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6 Summons DOGE Service Temp Org summons
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7 Summons Digital Service summons
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8 Summons OMB summons
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Feb. 11, 2025
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Feb. 11, 2025
Clearinghouse
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2
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AFFIDAVIT re 1 Complaint, Exhibits A-D by American Oversight. (Attachments: # 1 Exhibit Compl Ex A, # 2 Exhibit Compl Ex B, # 3 Exhibit Compl Ex C, # 4 Exhibit Compl Ex D)(Haddix, Elizabeth) (Entered: 02/11/2025)
1 Exhibit Compl Ex A
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2 Exhibit Compl Ex B
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3 Exhibit Compl Ex C
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4 Exhibit Compl Ex D
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Feb. 11, 2025
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Feb. 11, 2025
RECAP
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3
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NOTICE of Appearance by David Kronig on behalf of American Oversight (Kronig, David) (Entered: 02/11/2025)
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Feb. 11, 2025
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Feb. 11, 2025
PACER
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4
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SUMMONS(7) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 02/13/2025)
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Feb. 13, 2025
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Feb. 13, 2025
PACER
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Case Assigned/Reassigned
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Feb. 13, 2025
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Feb. 13, 2025
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Case Assigned to Judge Beryl A. Howell. (zmtm)
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Feb. 13, 2025
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Feb. 13, 2025
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5
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AMENDED COMPLAINT against All Defendants filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet cvr sheet, # 2 Summons USAO summons, # 3 Summons AG Summons, # 4 Summons DOGE Summons, # 5 Summons USDS summons, # 6 Summons DOGE Temp summons, # 7 Summons US Dig Serv Summons, # 8 Summons OMB summons, # 9 Exhibit Ex A, # 10 Exhibit Ex B, # 11 Exhibit Ex C, # 12 Exhibit Ex D, # 13 Exhibit Ex E, # 14 Exhibit Ex F, # 15 Exhibit Ex G, # 16 Exhibit Ex H, # 17 Exhibit Ex I, # 18 Exhibit Ex J, # 19 Exhibit Ex K, # 20 Exhibit Ex L, # 21 Exhibit Ex M, # 22 Exhibit Ex N, # 23 Exhibit Ex O, # 24 Exhibit Ex P)(Haddix, Elizabeth) (Entered: 03/05/2025)
1 Civil Cover Sheet cvr sheet
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2 Summons USAO summons
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3 Summons AG Summons
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4 Summons DOGE Summons
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5 Summons USDS summons
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6 Summons DOGE Temp summons
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7 Summons US Dig Serv Summons
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8 Summons OMB summons
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9 Exhibit Ex A
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10 Exhibit Ex B
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11 Exhibit Ex C
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12 Exhibit Ex D
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13 Exhibit Ex E
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14 Exhibit Ex F
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15 Exhibit Ex G
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16 Exhibit Ex H
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17 Exhibit Ex I
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18 Exhibit Ex J
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19 Exhibit Ex K
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20 Exhibit Ex L
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21 Exhibit Ex M
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22 Exhibit Ex N
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23 Exhibit Ex O
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24 Exhibit Ex P
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March 5, 2025
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March 5, 2025
Clearinghouse
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6
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STANDING ORDER. Signed by Judge Beryl A. Howell on March 5, 2025. (lcbah1) (Entered: 03/05/2025)
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March 5, 2025
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March 5, 2025
Clearinghouse
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7
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/6/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/5/2025. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex 2, # 3 Exhibit Ex 2A, # 4 Exhibit Ex 3, # 5 Exhibit Ex 4, # 6 Exhibit Ex 5, # 7 Exhibit Ex 6, # 8 Exhibit Ex 7, # 9 Exhibit Ex 8, # 10 Exhibit Ex 9)(Haddix, Elizabeth) (Entered: 03/17/2025)
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March 17, 2025
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March 17, 2025
PACER
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8
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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/6/2025., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 3/6/2025; U.S. DEPARTMENT OF GOVERNMENT EFFICIENCY served on 3/6/2025; U.S. DIGITAL SERVICE served on 3/6/2025; U.S. DOGE SERVICE served on 3/6/2025; U.S. DOGE SERVICE TEMPORARY ORGANIZATION served on 3/6/2025. (See docket entry 7 to view document) (mg) (Entered: 03/20/2025)
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March 17, 2025
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March 17, 2025
PACER
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9
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MOTION for Extension of Time to Respond to the Complaint by U.S. DEPARTMENT OF GOVERNMENT EFFICIENCY, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. DIGITAL SERVICE, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 03/20/2025)
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March 20, 2025
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March 20, 2025
PACER
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Summons Returned Executed as to Federal Defendant AND Summons Returned Executed as to U.S. Attorney General
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March 20, 2025
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March 20, 2025
PACER
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.Order
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March 20, 2025
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March 20, 2025
PACER
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MINUTE ORDER (paperless), upon consideration of defendants' 9 Motion for Extension of Time ("Defs.' Mot."), which states that plaintiff opposes the relief sought in the motion, id. at 1, DIRECTING plaintiff to file its opposition by 12:00 PM EST on March 21, 2025. Signed by Judge Beryl A. Howell on March 20, 2025. (lcbah1)
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March 20, 2025
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March 20, 2025
PACER
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10
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Memorandum in opposition to re 9 Motion for Extension of Time to, filed by AMERICAN OVERSIGHT. (Attachments: # 1 Affidavit Haddix Decl, # 2 Exhibit Ex 1, # 3 Exhibit Ex 2, # 4 Exhibit Ex 3)(Haddix, Elizabeth) (Entered: 03/21/2025)
1 Affidavit Haddix Decl
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2 Exhibit Ex 1
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3 Exhibit Ex 2
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4 Exhibit Ex 3
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March 21, 2025
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March 21, 2025
PACER
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11
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NOTICE of Proposed Order by AMERICAN OVERSIGHT re 10 Memorandum in Opposition, filed by AMERICAN OVERSIGHT. (Haddix, Elizabeth) Modified event on 3/24/2025 (mg). (Entered: 03/21/2025)
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March 21, 2025
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March 21, 2025
RECAP
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Set/Reset Deadlines
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March 21, 2025
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March 21, 2025
PACER
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Set/Reset Deadlines: Plaintiff Opposition due no later than 12:00PM on 3/21/2025. (mac)
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March 21, 2025
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March 21, 2025
PACER
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12
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MOTION for Order for Preservation of Documents by AMERICAN OVERSIGHT. (Attachments: # 1 Memorandum in Support, # 2 Declaration Haddix Declaration, # 3 Exhibit Exhibit A to Haddix Decl., # 4 Text of Proposed Order)(Kronig, David) (Entered: 03/24/2025)
1 Memorandum in Support
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2 Declaration Haddix Declaration
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3 Exhibit Exhibit A to Haddix Decl.
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4 Text of Proposed Order
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March 24, 2025
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March 24, 2025
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.Order
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March 25, 2025
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March 25, 2025
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MINUTE ORDER (paperless), upon consideration of plaintiff's 12 Motion for a Preservation Order, DIRECTING defendants' to file any opposition by 12:00PM EST on March 27, 2025; and FURTHER DIRECTING plaintiff to file any reply in support of its motion by 12:00PM EST on March 28, 2025. Signed by Judge Beryl A. Howell on March 25, 2025. (lcbah1)
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March 25, 2025
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March 25, 2025
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Set/Reset Deadlines
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March 26, 2025
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March 26, 2025
PACER
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Set/Reset Deadlines: Defendants' Opposition To Plaintiff's Motion For A Preservation Order due no later than 12:00PM on 3/27/2025. Plaintiff Reply In Support Of Its Motion due no later than 12:00PM on 3/28/2025. (mac)
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March 26, 2025
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March 26, 2025
PACER
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13
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Memorandum in opposition to re 12 Motion for Order filed by U.S. DEPARTMENT OF GOVERNMENT EFFICIENCY, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. DIGITAL SERVICE, OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit United States DOGE Service Records Retention Policy)(Bardo, John) (Entered: 03/27/2025)
1 Text of Proposed Order
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2 Exhibit United States DOGE Service Records Retention Policy
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March 27, 2025
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March 27, 2025
RECAP
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14
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REPLY to opposition to motion re 12 Motion for Order for Preservation of Records Responsive to FOIA requests filed by AMERICAN OVERSIGHT. (Haddix, Elizabeth) (Entered: 03/28/2025)
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March 28, 2025
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March 28, 2025
RECAP
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15
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PRESERVATION ORDER. Signed by Judge Beryl A. Howell on April 2, 2025. (lcbah1) (Entered: 04/02/2025)
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April 2, 2025
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April 2, 2025
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Order on Motion for Extension of Time to
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April 2, 2025
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April 2, 2025
PACER
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Order on Motion for Order
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April 2, 2025
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April 2, 2025
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MINUTE ORDER (paperless) GRANTING plaintiff's American Oversight 12 Motion for a Preservation Order ("Pl.'s Mot.") over defendants' 13 opposition ("Defs.' Opp'n"). "Federal courts have the inherent power to issue orders preserving information relevant to the claims and defenses brought before them." United States ex rel. Staggers v. Medtronic, Inc., No. 1:15-CV-392-TSC-RMM, 2022 WL 4078969, at *2 (D.D.C. Sept. 6, 2022). Plaintiff asks that the Court exercise its inherent authority to issue a preservation order requiring defendants U.S. Department of Government Efficiency, U.S. DOGE Service, U.S. DOGE Service Temporary Organization, U.S. Digital Service (collectively, "DOGE"), (1) "to preserve all records responsive" to all eight of the requests, pursuant to the Freedom of Information Act ("FOIA"), 5 U.S.C. §552, for records at issue in this case, and (2) "disclose whether all such records have been preserved to date." Pl.'s Mot. at 1. Such a preservation order is necessary, plaintiff contends, because "DOGE staff... have used non-governmental, ephemeral messaging systems such as Signal to communicate regarding official matters," id.; "DOGE's record-keeping practices suggest that it may, to date, have been unfamiliar with or indifferent to its preservation obligations," id. at 15; and "DOGE [has] refused to stipulate that it would preserve records responsive to [plaintiff's] requests," id. at 19. In response, defendants disclaim any need for a preservation order because "[DOGE] has already issued a litigation hold in light of plaintiff's complaint," Defs.' Opp'n at 1; "[DOGE] complies with its Presidential Records Act obligations," id.; and "[t]he presumption of Executive Branch officials' good faith require" denial of the motion, id. To the extent that defendants argue that it is not subject to FOIA, 5 U.S.C. § 552 et seq., those arguments go to the underlying merits, see Citizens for Responsibility and Ethics in Washington v. U.S. DOGE Service ("CREW"), No. 25-cv-511, 2025 WL 752367, at *10-13 (D.D.C. Mar. 10, 2025) (holding that DOGE is likely an agency subject to FOIA), rather than DOGE's obligations to preserve documents when litigation is reasonably anticipated or pending. See Fed. R. Civ. P. 37(e); Gerlich v. U.S. Dep't of Justice, 711 F.3d 161, 170-71 (D.C. Cir. 2013) (holding that the duty to preserve begins "when a party should have known that the evidence may be relevant to future litigation" (emphasis in original)). Notwithstanding the fact that DOGE has issued a litigation hold, DOGE personnel "may not fully appreciate their obligations to preserve federal records," under either the FOIA or the Presidential Records Act, as "many of [the] staffers are reported to have joined the federal government only recently and... may not be steeped in its document retention policies," CREW, 2025 WL 752367, at *16-17 (D.D.C. Mar. 10, 2025), which, under FOIA, reaches even those government records stored on private devices, see generally Competitive Enter. Inst. v. Off. of Sci. & Tech. Pol'y, 827 F.3d 145 (D.C. Cir. 2016). Finally, while "the Court presumes that executive officials... act in good faith," "absent a court order punishable by contempt requiring the maintenance and preservation" of potentially responsive records, plaintiff "would have no recourse" were the records at issue not maintained and preserved pursuant only to a litigation hold letter. Citizens for Resp. & Ethics in Wash. v. Off. of Admin., 593 F. Supp. 2d 156, 162 (D.D.C. 2009). Additional concerns arise due to the fact that DOGE "operat[es] with unusual secrecy," which includes the use of "Signal, an encrypted messaging app with an auto-delete function," CREW, 2025 WL 752367, at *16, and has refused to stipulate to its preservation obligations of documents that are at the heart of this litigation, Pl.'s Mot. at 19. See also CREW, 2025 WL 752367, at *16 (noting that DOGE's lack of assurances of compliance with the Federal Records Act was evidence that a preservation order was necessary). Moreover, to the extent that DOGE insists that this entity's compliance with the Presidential Records Act ("PRA"), 44 U.S.C. § 2201 et seq., is sufficient compliance with preservation obligations in this case, Defs.' Opp'n at 1, only confirms plaintiff's concern about the need for a preservation order since the what qualifies as a record and the respective retention obligations differ between the PRA and the FOIA, see generally Armstrong v. Exec. Office of the President, 90 F.3d 553 (D.C. Cir. 1996), U.S. Dep't of Justice v. Tax Analysts, 492 U.S. 136 (1989). At the same time, DOGE's actual compliance with PRA record retention obligations mitigates any burden of DOGE also complying with obligations to preserve records at issue in this case and prevent spoilation of records and information during the pendency of this litigation.Accordingly, plaintiff's motion is GRANTED, and a preservation order will be entered contemporaneously. Signed by Judge Beryl A. Howell on April 2, 2025. (lcbah1)
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April 2, 2025
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April 2, 2025
PACER
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MINUTE ORDER (paperless) GRANTING defendants' 9 Motion for Extension of Time; and DIRECTING defendants to respond to plaintiff's 1 Complaint by April 21, 2025. Signed by Judge Beryl A. Howell on April 2, 2025. (lcbah1)
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April 2, 2025
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April 2, 2025
PACER
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Set/Reset Deadlines: Defendants Response To Plaintiff's Complaint due by 4/21/2025. (mac)
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April 3, 2025
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April 3, 2025
PACER
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Set/Reset Deadlines
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April 3, 2025
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April 3, 2025
PACER
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Set/Reset Deadlines: Defendants U.S. Department of Government Efficiency, U.S. DOGE Service, U.S. DOGE Service Temporary Organization, U.S. Digital Service (collectively, "DOGE") Notice To The Court due by 4/7/2025. (mac)
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April 3, 2025
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April 3, 2025
PACER
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16
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STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF GOVERNMENT EFFICIENCY, U.S. DIGITAL SERVICE, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Bardo, John) (Entered: 04/07/2025)
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April 7, 2025
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April 7, 2025
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17
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STATUS REPORT Response by AMERICAN OVERSIGHT. (Haddix, Elizabeth) (Entered: 04/08/2025)
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April 8, 2025
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April 8, 2025
RECAP
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18
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ANSWER to 5 Amended Complaint,, by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF GOVERNMENT EFFICIENCY, U.S. DIGITAL SERVICE, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION.(Bardo, John) (Entered: 04/21/2025)
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April 21, 2025
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April 21, 2025
RECAP
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19
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AMENDED ANSWER to Complaint Amended Answer to First Amended Complaint by OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF GOVERNMENT EFFICIENCY, U.S. DIGITAL SERVICE, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Errata Redline of ECF No. 18)(Bardo, John) Modified event title on 4/29/2025 (znmw). (Entered: 04/24/2025)
1 Errata Redline of ECF No. 18
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April 24, 2025
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April 24, 2025
RECAP
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20
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Joint STATUS REPORT by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order Plaintiff's Proposed Order)(Haddix, Elizabeth) (Entered: 05/05/2025)
1 Text of Proposed Order Plaintiff's Proposed Order
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May 5, 2025
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May 5, 2025
RECAP
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.Order
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May 23, 2025
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May 23, 2025
PACER
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MINUTE ORDER (paperless), upon consideration of the parties' 20 Joint Status Report ("JSR"), which states that the parties dispute whether plaintiff should be permitted limited discovery to determine whether defendants U.S. Department of Government Efficiency, U.S. DOGE Service, U.S. DOGE Service Temporary Organization, and U.S. Digital Service (collectively "DOGE") wield independent authority sufficient to be subject to the Freedom of Information Act, JSR at 2-5, ISSUING the following SCHEDULING ORDER:1. By June 2, 2025, plaintiff shall file a motion for expedited discovery of not more than 20 pages and attaching, as exhibits, proposed "properly scoped" requests. See Citizens for Resp. & Ethics in Wash. v. U.S. Doge Serv., 2025 WL 1392836, at *4 (D.D.C. Apr. 15, 2025) (emphasis added);2. By June 16, 2025, defendants shall file any opposition to plaintiff's motion and the scope of any proposed requests of not more than 20 pages; and3. By June 23, 2025, plaintiff shall file any reply. Signed by Judge Beryl A. Howell on May 23, 2025. (lcbah1)
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May 23, 2025
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May 23, 2025
PACER
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Set/Reset Deadlines
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May 23, 2025
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May 23, 2025
PACER
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Set/Reset Deadlines: Plaintiff Motion For Expedited Discovery due by 6/2/2025. Defendants Opposition To Plaintiff's Motion due by 6/16/2025. Plaintiff Reply due by 6/23/2025. (mac)
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May 23, 2025
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May 23, 2025
PACER
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21
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MOTION for Discovery by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit Ex 1, # 2 Exhibit Ex 2, # 3 Exhibit Ex 3, # 4 Exhibit Ex 4, # 5 Exhibit Ex 5, # 6 Text of Proposed Order Proposed order)(Haddix, Elizabeth) (Entered: 06/02/2025)
1 Exhibit Ex 1
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2 Exhibit Ex 2
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3 Exhibit Ex 3
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4 Exhibit Ex 4
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5 Exhibit Ex 5
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6 Text of Proposed Order Proposed order
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June 2, 2025
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June 2, 2025
Clearinghouse
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22
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Memorandum in opposition to re 21 MOTION for Discovery filed by U.S. DEPARTMENT OF GOVERNMENT EFFICIENCY, U.S. DIGITAL SERVICE, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Text of Proposed Order)(Bardo, John) (Entered: 06/16/2025)
1 Text of Proposed Order
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June 16, 2025
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June 16, 2025
PACER
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23
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REPLY to opposition to motion re 21 Motion for Discovery filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit Redlined Prop Discovery, # 2 Exhibit Revised Proposed Discovery Reqs)(Haddix, Elizabeth) (Entered: 06/23/2025)
1 Exhibit Redlined Prop Discovery
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2 Exhibit Revised Proposed Discovery Reqs
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June 23, 2025
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June 23, 2025
PACER
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.Order
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Aug. 20, 2025
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Aug. 20, 2025
PACER
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Set/Reset Deadlines
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Aug. 22, 2025
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Aug. 22, 2025
PACER
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