Case: Doe 1 v. Office of the Director of National Intelligence

Does v. U.S. Office of the Director of National Intelligence

President Donald Trump

Complaint ( Filing fee $ 405, receipt number AVAEDC-10012088.), filed by John Doe 6, Jane Doe 5, John Doe 3, Jane Doe 1, Jane Doe 3, John Doe 2, Jane Doe 2, John Doe 1, John Doe 4, Jane Doe 4, John Doe 5. (Attachments: # 1 Civil Cover Sheet)(Carroll, Kevin) (Entered: 02/17/2025)

1 Civil Cover Sheet

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Proposed Summons re 1 Complaint, by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 3, Jane Doe 4, John Doe 4, Jane Doe 5, John Doe 5, John Doe 6 (Carroll, Kevin) (Entered: 02/17/2025)

MOTION to Proceed Pseudonymously by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 3, Jane Doe 4, John Doe 4, Jane Doe 5, John Doe 5, John Doe 6. (Attachments: # 1 Proposed Order)(Carroll, Kevin) (Entered: 02/17/2025)

Memorandum in Support re 3 MOTION to Proceed Pseudonymously filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 3, Jane Doe 4, John Doe 4, Jane Doe 5, John Doe 5, John Doe 6. (Carroll, Kevin) (Entered: 02/17/2025)

Waiver of re 3 MOTION to Proceed Pseudonymously Waiver of Oral Argument by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 3, Jane Doe 4, John Doe 4, Jane Doe 5, John Doe 5, John Doe 6 (Carroll, Kevin) (Entered: 02/17/2025)

MOTION for Temporary Restraining Order by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 3, Jane Doe 4, John Doe 4, Jane Doe 5, John Doe 5, John Doe 6. (Attachments: # 1 Proposed Order)(Carroll, Kevin) (Entered: 02/17/2025)

Memorandum in Support re 6 MOTION for Temporary Restraining Order filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 3, Jane Doe 4, John Doe 4, Jane Doe 5, John Doe 5, John Doe 6. (Attachments: # 1 Exhibit Declaration of John Doe 1)(Carroll, Kevin) (Entered: 02/17/2025)

1 Exhibit Declaration of John Doe 1

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Initial Case Assignment to District Judge Anthony J. Trenga and Magistrate Judge Lindsey R. Vaala. (jlan)

ORDERED that the Court will hold a hearing on the Motion on February 18, 2025 at 1:00 p.m. in Courtroom 900. Signed by District Judge Anthony J. Trenga on 2/18/2025. Motion Hearing set for 2/18/2025 at 01:00 PM in Alexandria Courtroom 900 before District Judge Anthony J. Trenga.(dzir) (Entered: 02/18/2025)

Summons Issued as to Central Intelligence Agency, Tulsi Gabbard, Office of the Director of National Intelligence, John Ratcliffe, 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 Summons Notice)(swil) (Entered: 02/18/2025)

1 Summons Notice

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NOTICE of Appearance by Dennis Carl Barghaan, Jr on behalf of Central Intelligence Agency, Tulsi Gabbard, Office of the Director of National Intelligence, John Ratcliffe (Barghaan, Dennis) (Entered: 02/18/2025)

Minute Entry for proceedings held before District Judge Anthony J. Trenga: Motion Hearing held on 2/18/2025 re 6 MOTION for Temporary Restraining Order filed by Jane Doe 2, Jane Doe 1, John Doe 2, John Doe 4, Jane Doe 3, John Doe 5, Jane Doe 4, John Doe 1, Jane Doe 5, John Doe 3, John Doe 6. Counsel appeared for Plaintiff and Defendant. Motion argued and continued. Matter is placed on an Administrative Stay. Motion Hearing as to 6 MOTION for Temporary Restraining Order set for 2/24/2025 at 01:00 PM in Alexandria Courtroom 900 before District Judge Anthony J. Trenga. Order to follow. (Court Reporter R. Montgomery)(dzir) (Main Document 11 replaced on 2/19/2025) (dzir, ). (Entered: 02/18/2025)

ORDERED that the hearing on the Motion is CONTINUED to Monday, February 24, 2025 at 1:00 p.m. ET, in Courtroom 900; and it is further ORDERED that Defendants file any response to the Motion by Thursday, February 20, 2025 at 5:00 p.m. ET; and it is further ORDERED that Plaintiffs file a reply, if any, to Defendants' response by Friday, February 21, 2025 at 5:00 p.m. ET; and it is further ORDERED that an ADMINISTRATIVE STAY is entered in this case until further order of this Court, during which, Defendants shall refrain from terminating Plaintiff John Does 1-6 and Jane Does 1-5 or placing these Plaintiffs on leave without pay, such that, these Plaintiffs shall continue to be on administrative leave with their full pay and benefits. Signed by District Judge Anthony J. Trenga on 2/18/2025. (dzir) (Entered: 02/18/2025)

TRANSCRIPT of proceedings held on 02/18/25 ( 6 Motion for Temporary Restraining Order), before Judge Anthony J. Trenga, Court Reporter Rhonda Montgomery, Telephone No. 703-299-4599. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after ninety (90) calendar days. The policy is located on our website at www.vaed.uscourts.gov . Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/21/2025. Redacted Transcript Deadline set for 4/21/2025. Release of Transcript Restriction set for 5/20/2025.(Montgomery, Rhonda) Modified text on 2/21/2025 (jlan) (Entered: 02/19/2025)

Memorandum in Opposition re 6 MOTION for Temporary Restraining Order filed by Central Intelligence Agency, Tulsi Gabbard, Office of the Director of National Intelligence, John Ratcliffe. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Levenson, Rebecca) (Entered: 02/20/2025)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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RESPONSE in Support re 6 MOTION for Temporary Restraining Order filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 3, Jane Doe 4, John Doe 4, Jane Doe 5, John Doe 5, John Doe 6. (Carroll, Kevin) (Entered: 02/21/2025)

ORDER granting 3 Motion to Proceed Pseudonymously; It is further ORDERED that all parties shall use the pseudonyms listed in the Complaint in all documents filed in this action. It is further ORDERED that by 5:00 p.m. on Monday, February 24, 2025, Plaintiffs shall file under seal a declaration containing their real names. Signed by Magistrate Judge Lindsey R. Vaala on 02/21/2025. (jlan) (Entered: 02/21/2025)

AMENDED COMPLAINT against All Defendants, filed by John Doe 6, Jane Doe 5, John Doe 3, Jane Doe 1, Jane Doe 3, John Doe 2, Jane Doe 2, John Doe 1, John Doe 4, Jane Doe 4, John Doe 5.(Carroll, Kevin) (Entered: 02/24/2025)

Minute Entry for proceedings held before District Judge Anthony J. Trenga: Motion Hearing held on 2/24/2025 re 6 MOTION for Temporary Restraining Order filed by Jane Doe 2, Jane Doe 1, John Doe 2, John Doe 4, Jane Doe 3, John Doe 5, Jane Doe 4, John Doe 1, Jane Doe 5, John Doe 3, John Doe 6. Counsel appeared for Plaintiff and Defendant. Motion argued and continued to Thursday at 10:00 a.m. Parties are to submit additional briefing as directed. The deadline to respond to the DRP is continued on administrative stay until the next hearing. Motion Hearing as to 6 MOTION for Temporary Restraining Order set for 2/27/2025 at 10:00 AM in Alexandria Courtroom 900 before District Judge Anthony J. Trenga. Order to follow. (Court Reporter R. Montgomery)(dzir) (Entered: 02/24/2025)

TRANSCRIPT of proceedings held on 2/24/25 (Continued Motion for a Temporary Restraining Order), before Judge Anthony J. Trenga. Court Reporter Rhonda Montgomery, Telephone No. 703-299-4599. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after ninety (90) calendar days. The policy is located on our website at www.vaed.uscourts.gov . Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/26/2025. Redacted Transcript Deadline set for 4/28/2025. Release of Transcript Restriction set for 5/26/2025.(Montgomery, Rhonda) (Entered: 02/24/2025)

Memorandum (Supplemental Memorandum of Law in Opposition to Plaintiffs' Motion for a Temporary Restraining Order) filed by Central Intelligence Agency, Tulsi Gabbard, Office of the Director of National Intelligence, John Ratcliffe. (Attachments: # 1 Exhibit 1)(Levenson, Rebecca) (Entered: 02/26/2025)

1 Exhibit 1

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Memorandum (Supplemental Memorandum of Law in Support of Plaintiffs' Motion for a Preliminary Injunction) to 15 Response in Support of Motion filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 3, Jane Doe 4, John Doe 4, Jane Doe 5, John Doe 5, John Doe 6. (Carroll, Kevin) (Entered: 02/26/2025)

ORDERED that the Court hereby DIRECTS the Defendants to be prepared to advise the Court, on February 27, 2025, as to the (i) accuracy of Plaintiffs' statements, excerpted above, and (ii) whether there is anything in Defendants' position or actions that would preclude Plaintiffs from receiving or accepting those offers in light of their proposed terminations (see Order for further details). Signed by District Judge Anthony J Trenga on 2/26/2025. (swil) (Entered: 02/26/2025)

Declaration re 22 Order, Supplemental Declarations of all Plaintiffs in Support of Motion for a Preliminary Injunction by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 3, Jane Doe 4, John Doe 4, Jane Doe 5, John Doe 5, John Doe 6. (Carroll, Kevin) (Entered: 02/27/2025)

Letter regarding Plaintiff Jane Doe 12. (Carroll, Kevin) (Entered: 02/27/2025)

Minute Entry for proceedings held before District Judge Anthony J. Trenga: Motion Hearing held on 2/27/2025 re 6 MOTION for Temporary Restraining Order filed by Jane Doe 2, Jane Doe 1, John Doe 2, John Doe 4, Jane Doe 3, John Doe 5, Jane Doe 4, John Doe 1, Jane Doe 5, John Doe 3, John Doe 6. Counsel appeared for Plaintiff and Defendant. Motion argued and denied. Order to follow. (Court Reporter R. Montgomery)(dzir) (Entered: 02/27/2025)

ORDERED that the administrative stay, entered on February 18, 2025, [Doc. No. 12], is VACATED, with Plaintiffs deadline to respond to the deferred resignation program (DRP) and other employment options, made available to them under the CIA Directors February 18, 2025 Memorandum, extended to at least to 5:00 p.m. ET on Monday, March 3, 2025; and it is further ORDERED that Plaintiffs Motion for a Temporary Restraining Order, which the Court treats as a Motion for a Preliminary Injunction, is DENIED. Signed by District Judge Anthony J. Trenga on 2/27/2025. (dzir) (Entered: 02/27/2025)

TRANSCRIPT of proceedings held on 2/27/25 (Continued Motion for Temporary Restraining Order), before Judge Anthony J. Trenga. Court Reporter Rhonda Montgomery, Telephone No. 703-299-4599. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after ninety (90) calendar days. The policy is located on our website at www.vaed.uscourts.gov . Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 3/31/2025. Redacted Transcript Deadline set for 4/29/2025. Release of Transcript Restriction set for 5/28/2025.(Montgomery, Rhonda) (Entered: 02/27/2025)

SCHEDULING ORDER: Initial Pretrial Conference set for 3/26/2025 at 11:00 AM in Alexandria Courtroom 501 before Magistrate Judge Lindsey R. Vaala. Final Pretrial Conference set for 7/17/2025 at 10:00 AM in Alexandria Telephonically before District Judge Anthony J. Trenga. Discovery due by 7/11/2025. Signed by District Judge Anthony J. Trenga on 3/4/2025. (Attachments: # 1 Magistrate Consent, # 2 Pretrial Notice)(dzir) (Entered: 03/04/2025)

Joint Discovery Plan by Central Intelligence Agency, Tulsi Gabbard, Office of the Director of National Intelligence, John Ratcliffe.(Barghaan, Dennis) (Entered: 03/19/2025)

Order Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that The Joint Discovery Plan filed by the parties is approved, as amended herein, and shall control discovery to the extent of its application unless further modified by the Court. The parties agree on the Joint Discovery Plan and the contents of the Joint Discovery Plan are satisfactory, the Court finds that the initial pretrial conference scheduled for March 26,2025 is not necessary. The initial pretrial conference is cancelled (see Order for further details). Signed by Magistrate Judge Lindsey R. Vaala on 3/25/2025. (nneb) (Entered: 03/25/2025)

NOTICE of Appearance by Kiarash Rahnama Moghaddam on behalf of Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 3, Jane Doe 4, John Doe 4, Jane Doe 5, John Doe 5, John Doe 6 (Rahnama Moghaddam, Kiarash) (Entered: 03/27/2025)

MOTION for Preliminary Injunction by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 3, Jane Doe 4, John Doe 4, Jane Doe 5, John Doe 5, John Doe 6. (Attachments: # 1 Proposed Order)(Carroll, Kevin) (Entered: 03/27/2025)

1 Proposed Order

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Memorandum in Support re 32 MOTION for Preliminary Injunction filed by Jane Doe 1, John Doe 1, Jane Doe 2, John Doe 2, Jane Doe 3, John Doe 3, Jane Doe 4, John Doe 4, Jane Doe 5, John Doe 5, John Doe 6. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Carroll, Kevin) (Entered: 03/27/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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ORDERED that Defendants' response, if any, be filed by Friday, March 28, 2025 at 5:00 p.m. eastern time; and it is further ORDERED that the Court will hold a hearing on the Motion on Monday, March 31, 2025 at 2:00 p.m. eastern time in Courtroom 900. Signed by District Judge Anthony J. Trenga on 3/27/2025. Set Deadlines as to 32 MOTION for Preliminary Injunction: Motion Hearing set for 3/31/2025 at 02:00 PM in Alexandria Courtroom 900 before District Judge Anthony J. Trenga.(dzir)

Emergency MOTION for Extension of Time to File Response/Reply as to 33 Memorandum in Support, by Central Intelligence Agency, Tulsi Gabbard, Office of the Director of National Intelligence, John Ratcliffe. (Levenson, Rebecca) (Entered: 03/27/2025)

ORDERED that Defendants' deadline to file a response, if any, to Plaintiffs' Renewed Motion for a Preliminary Injunction, [Doc. No. 32], is extended from Friday, March 28, 2025 at 5:00 p.m. eastern time, to Monday, March 31, 2025 at 9:00 a.m. eastern time. Signed by District Judge Anthony J. Trenga on 3/27/2025. (dzir) (Entered: 03/27/2025)

Memorandum in Opposition re 34 Emergency MOTION for Extension of Time to File Response/Reply as to 33 Memorandum in Support, filed by Central Intelligence Agency, Tulsi Gabbard, Office of the Director of National Intelligence, John Ratcliffe. (Levenson, Rebecca) (Entered: 03/31/2025)

EXHIBIT DEX 1 by Central Intelligence Agency, Tulsi Gabbard, Office of the Director of National Intelligence, John Ratcliffe.. (Levenson, Rebecca) (Entered: 03/31/2025)

Minute Entry for proceedings held before District Judge Anthony J. Trenga: Motion Hearing held on 4/1/2025 re 32 MOTION for Preliminary Injunction filed by Jane Doe 2, Jane Doe 1, John Doe 2, John Doe 4, Jane Doe 3, John Doe 5, Jane Doe 4, John Doe 1, Jane Doe 5, John Doe 3, John Doe 6. Counsel appeared for Plaintiff and Defendant. Motion argued and granted in part/denied in part. Order to follow. (Court Reporter R. Montgomery)(dzir) (Entered: 04/01/2025)

ORDERED that Plaintiffs' Renewed Motion for a Preliminary Injunction [Doc. No. 32] be, and the same hereby is, GRANTED in part, as set forth herein, and is otherwise DENIED; and it is further ORDERED that Defendants, and any of Defendants' officers, agents, servants, employees, and attorneys, as well as other persons who are acting in concert with them, be, and the same hereby are, ENJOINED from effectuating or implementing any decision to terminate the Plaintiffs without further Court authorization. To the extent that any such decision to terminate any Plaintiff is submitted to the Court for approval, the Court will assess the extent to which any such Plaintiff has received the appeal and consideration for reassignment he or she was entitled to receive as set forth on the record during the hearing; and Plaintiffs shall continue to remain on administrative leave with pay and benefits, or be otherwise reinstated, pending further Court order; and it is further ORDERED that Defendants provide Plaintiffs a requested appeal from any decision to terminate him or her, consistent with the steps set forth in CIA Regulation 4-16, including to permit Plaintiffs to submit "written comments" explaining why they should not be terminated, to provide Plaintiffs with a written notification of the Directors decision, and to provide reasonable notice of the status of any pending appeal. See [Doc. No. 14-1] § II. E. (Appeal of Termination Decision); and it is further ORDERED that Defendants consider any Plaintiffs' request for reassignment for open or available positions, in accordance with their qualifications and skills, without regard to the definition of a "competitive area" in the January 24, 2025 OPM Memorandum, and consistent with CIA Regulation 4-16 Section II. C. 4., including an Agency-wide review of available positions that Plaintiffs may be qualified for, notwithstanding any election that a Plaintiff may have made in response to the requirement that each Plaintiff select whether to retire, resign, or be terminated; and it is further ORDERED this Order shall issue and be in full force and effect, with the Court finding that, under the circumstances of this case, the posting of a bond by Plaintiffs is not necessary or proper. Signed by District Judge Anthony J. Trenga on 3/31/2025. (dzir) (Entered: 04/01/2025)

TRANSCRIPT of proceedings held on 3/31/25 ( 32 Plaintiff's Motion for a Preliminary Injunction), before Judge Anthony J. Trenga. Court Reporter Rhonda Montgomery, Telephone No. 703-299-4599. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have thirty (30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after ninety (90) calendar days. The policy is located on our website at www.vaed.uscourts.gov . Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date, it may be obtained through PACER. Redaction Request due 5/5/2025. Redacted Transcript Deadline set for 6/4/2025. Release of Transcript Restriction set for 7/3/2025.(Montgomery, Rhonda) (Entered: 04/04/2025)

MOTION for Leave to File Brief as Amicus Curaie. (Attachments: # 1 Brief as Amicus Curaie)(swil) (Entered: 04/16/2025)