Case: Citizens for Responsibility and Ethics in Washington v. U.S. DOGE Service

Citizens for Responsibility and Ethics in Washington v. U.S. Doge Service

Citizens for Responsibility and Ethics in Washington v. U.S. Doge Service

Citizens for Responsibility and Ethics in Washington v. U.S. Doge Service

President Donald Trump

President Donald Trump

COMPLAINT against JOHN DOE, in their official capacity as Administrator of the U.S. DOGE Service, ELON MUSK, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF MANAGEMENT AND BUDGET, MARCO RUBIO, U.S. DOGE SERVICE, RUSSELL VOUGHT ( Filing fee $ 405 receipt number ADCDC-11493784) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(Sus, Nikhel) (Attachment 1 replaced to remove fillable form on 2/20/2025) (zjd). (Entered: 02/20/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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8 Summons

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9 Summons

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Case Assigned/Reassigned

MOTION for Preliminary Injunction by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Text of Proposed Order)(Sus, Nikhel) (Entered: 02/20/2025)

1 Memorandum in Support

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2 Declaration

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3 Exhibit A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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9 Exhibit G

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10 Exhibit H

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11 Exhibit I

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12 Exhibit J

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13 Exhibit K

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14 Exhibit L

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15 Exhibit M

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16 Exhibit N

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17 Text of Proposed Order

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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sus, Nikhel) (Main Document 3 replaced to remove fillable form on 2/20/2025) (zjd). (Entered: 02/20/2025)

NOTICE OF RELATED CASE by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Case related to Case No. 1:25-cv-00409. (Sus, Nikhel) (Main Document 4 replaced to remove fillable form on 2/20/2025) (zjd). (Entered: 02/20/2025)

Case Assigned to Judge Beryl A. Howell. (zjd)

SUMMONS (8) Issued Electronically as to ELON MUSK, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, OFFICE OF MANAGEMENT AND BUDGET, MARCO RUBIO, U.S. DOGE SERVICE, RUSSELL VOUGHT, U.S. Attorney and U.S. Attorney General. (Attachment: # 1 Notice and Consent) (zjd) Modified on 2/20/2025 (zjd). (Entered: 02/20/2025)

NOTICE (paperless), upon consideration of the 1 Complaint filed, at 5:35 PM EST on February 20, 2025, in this case, which was directly, rather than randomly, assigned to the undersigned Judge, this Court concludes that plaintiff's 4 Notice of Related Case ("Notice"), indicating this case is "related" to American Oversight v. U.S. Dept. of Gov't Efficiency, et al., Case No. 25-cv-409 ("Am. Oversight "), is erroneous. A review of the instant 1 Complaint and the Am. Oversight Complaint reveals that these cases are not related in a manner contemplated by D.D.C. LCvR 40.5(a)(3) and 40.5(c)(1). At issue in Am. Oversight are the responses by defendants Office of Management and Budget ("OMB") and U.S. DOGE Service ("USDS"), to two records requests, under the Freedom of Information Act ("FOIA"), 5 U.S.C. §552, seeking, for an specified 8-day period: (a) communications sent to or received by Elon Musk, or anyone serving him as his chief of staff, secretary, scheduler, assistant, or senior advisory, between an 8-day period and containing certain words related to the firing of Inspector Generals, and (b) all records reflecting communications between Elon Musk, including the same subset of people, and certain congressional committees and members of Congress. See Am. Oversight, Compl. at ¶ 46, ECF No. 1. In contrast, the instant Complaint challenges the responses of OMB to plaintiff's two FOIA requests for responsive records, "from November 5, 2024" to the processing of the request, (a) "between employees of OMB and various officials purporting to have an affiliation with DOGE, between employees of those agencies and individuals purporting to have an affiliation with the 'Delivering Outstanding Government Efficiency Caucus,' communications within those agencies about 'DOGE' and related terms, and other DOGE-related communications," 1 Compl. ¶ 88; and (b) "related to changes to the operations of the U.S. Digital Service, organizational charts, financial disclosures, and other information relevant to the newly-formed USDS" as well as "communications between USDS personnel and personnel of any federal agency outside of the Executive Office of the President," id. ¶ 90. Though some overlap in the records responsive to the FOIA requests at issue in the two cases may occur, since the general subject matter of the requests are records held at OMB as to USDS or DOGE, these requests differ in time frame and the specifics. This does not satisfy the local rules requirements for related cases. See LCvRs 40.5(a)(3), 40.5(c)(1). As this Court has previously explained, "if a common purpose behind two actions were sufficient for relation, any person seeking records under the [FOIA] from a targeted agency with the same goal as another requester making requests of the same agency could relate her case, despite seeking different sets of documents, solely because both FOIA requests were made with the same goal in mind," this would "simply sweep[] too broadly" and "stretch the related case rule too far." Comm. on the Judiciary v. McGahn 391 F. Supp. 3d 116, 121-22 (D.D.C. 2019). Accordingly, the Clerk of the Court is directed to reassign this case randomly pursuant to the proper procedures for case assignment. Signed by Judge Beryl A. Howell on February 21, 2025. (lcbah1)

.Order

Case Assigned/Reassigned

MINUTE ORDER (paperless), upon consideration of the 1 Complaint filed, at 5:35 PM EST on February 20, 2025, in this case, which was directly, rather than randomly, assigned to the undersigned Judge, this Court concludes that plaintiff's 4 Notice of Related Case ("Notice"), indicating this case is "related" to American Oversight v. U.S. Dept. of Gov't Efficiency, et al., Case No. 25-cv-409 ("Am. Oversight "), is erroneous. A review of the instant 1 Complaint and the Am. Oversight Complaint reveals that these cases are not related in a manner contemplated by D.D.C. LCvR 40.5(a)(3) and 40.5(c)(1). At issue in Am. Oversight are the responses by defendants Office of Management and Budget ("OMB") and U.S. DOGE Service ("USDS"), to two records requests, under the Freedom of Information Act ("FOIA"), 5 U.S.C. §552, seeking, for an specified 8-day period: (a) communications sent to or received by Elon Musk, or anyone serving him as his chief of staff, secretary, scheduler, assistant, or senior advisory, between an 8-day period and containing certain words related to the firing of Inspector Generals, and (b) all records reflecting communications between Elon Musk, including the same subset of people, and certain congressional committees and members of Congress. See Am. Oversight, Compl. at 46, ECF No. 1. In contrast, the instant Complaint challenges the responses of OMB to plaintiff's two FOIA requests for responsive records, "from November 5, 2024" to the processing of the request, (a) "between employees of OMB and various officials purporting to have an affiliation with DOGE, between employees of those agencies and individuals purporting to have an affiliation with the 'Delivering Outstanding Government Efficiency Caucus,' communications within those agencies about 'DOGE' and related terms, and other DOGE-related communications," 1 Compl. 88; and (b) "related to changes to the operations of the U.S. Digital Service, organizational charts, financial disclosures, and other information relevant to the newly-formed USDS" as well as "communications between USDS personnel and personnel of any federal agency outside of the Executive Office of the President," id. 90. Though some overlap in the records responsive to the FOIA requests at issue in the two cases may occur, since the general subject matter of the requests are records held at OMB as to USDS or DOGE, these requests differ in time frame and the specifics. This does not satisfy the local rules requirements for related cases. See LCvRs 40.5(a)(3), 40.5(c)(1). As this Court has previously explained, "if a common purpose behind two actions were sufficient for relation, any person seeking records under the [FOIA] from a targeted agency with the same goal as another requester making requests of the same agency could relate her case, despite seeking different sets of documents, solely because both FOIA requests were made with the same goal in mind," this would "simply sweep[] too broadly" and "stretch the related case rule too far." Comm. on the Judiciary v. McGahn 391 F. Supp. 3d 116, 121-22 (D.D.C. 2019). Accordingly, the Clerk of the Court is directed to reassign this case randomly pursuant to the proper procedures for case assignment. Signed by Judge Beryl A. Howell on February 21, 2025. (lcbah1)

Case randomly reassigned to Judge Christopher R. Cooper as the case is not related. Judge Beryl A. Howell is no longer assigned to the case. (rj)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jonathan Edward Maier, Filing fee $ 100, receipt number ADCDC-11496867. Fee Status: Fee Paid. by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Sus, Nikhel) (Entered: 02/21/2025)

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Donald Kareem Sherman, Filing fee $ 100, receipt number ADCDC-11496926. Fee Status: Fee Paid. by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Sus, Nikhel) (Entered: 02/21/2025)

.Order

MINUTE ORDER: Before the Court is 2 Plaintiff's Motion for a Preliminary Injunction. Defendants shall file a response to Plaintiff's motion by February 27, 2025. The Court also sets a hearing for March 7, 2025, at 2:00 p.m., in Courtroom 27A (in person) before Judge Christopher R. Cooper. Signed by Judge Christopher R. Cooper on 2/22/2025. (lccrc1)

Set/Reset Deadlines/Hearings

Set/Reset Deadlines/Hearings: Responses due by 2/27/2025. Motion Hearing set for 3/7/2025 at 2:00 PM in Courtroom 27A (in person) before Judge Christopher R. Cooper. (lsj)

REQUEST FOR SUMMONS TO ISSUE filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. Related document: 1 Complaint,, filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON.(Sus, Nikhel) (Entered: 02/25/2025)

NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 02/27/2025)

Memorandum in opposition to re 2 Motion for Preliminary Injunction, filed by U.S. DOGE SERVICE, OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1.1)(Shapiro, Elizabeth) (Entered: 02/27/2025)

1 Exhibit 1

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2 Exhibit 1.1

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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 2/24/2025. ( Answer due for ALL FEDERAL DEFENDANTS by 3/26/2025.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 2/24/25., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ELON MUSK served on 2/28/2025; NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 2/24/2025; MARCO RUBIO served on 2/27/2025; U.S. DOGE SERVICE served on 2/27/2025; RUSSELL VOUGHT served on 2/27/2025 (Sus, Nikhel) (Entered: 02/28/2025)

.Order

Order

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 3/3/2025 (Sus, Nikhel) (Entered: 03/03/2025)

MINUTE ORDER: The Court will provide access for the public to participate in the hearing on the Motion for Preliminary Injunction set for March 7, 2025 at 2:00 p.m. It is ORDERED that the participants using the public access telephone line shall adhere to the rules set forth on the Court's website. Toll Free Number: 833-990-9400; Access Code: 940966863. SO ORDERED by Judge Christopher R. Cooper on 3/3/2025. (lsj)

REPLY to opposition to motion re 2 Motion for Preliminary Injunction, filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Declaration Supplemental Declaration of Jon Maier, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Sus, Nikhel) (Entered: 03/04/2025)

1 Declaration Supplemental Declaration of Jon Maier

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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.Order

MINUTE ORDER: The government is hereby directed to be prepared to advise the Court at the hearing on March 7, 2025 of the status of the request CREW submitted to the United States DOGE Service ("USDS") via OMB on January 24, 2025, which OMB subsequently forwarded to USDS (the "USDS Request"). Specifically, the government shall be prepared to address whether the USDS Request has been accepted for processing at all and, if so, whether it has been given expedited treatment. The government is further directed to be prepared to provide the Court an estimate of when OMB and USDS could complete production of CREW's narrowed requests, as set forth in Attachment A to CREW's Reply, on an expedited time-table. See 5 U.S.C. § 552(a)(6)(E)(iii) ("An agency shall process as soon as practicable any request for records to which the agency has granted expedited processing under this subparagraph."). Counsel is also directed to be prepared to address whether OMB and USDS have received similar requests from other requestors and, if so, the general status of any such requests. Signed by Judge Christopher R. Cooper on 3/6/2025. (lccrc1)

Order

MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Christopher R. Cooper on 3/6/2025. (lccrc1)

Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 7 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Christopher R. Cooper on 3/6/2025. (lccrc1)

NOTICE of Appearance by Andrew Marshall Bernie on behalf of All Defendants (Bernie, Andrew) (Entered: 03/06/2025)

NOTICE of Appearance by Jonathan Maier on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Maier, Jonathan) (Entered: 03/07/2025)

Motion Hearing

NOTICE of Appearance by Donald Sherman on behalf of All Plaintiffs (Sherman, Donald) (Entered: 03/07/2025)

Minute Entry for Motion Hearing held before Judge Christopher R. Cooper on 3/7/2025. Oral arguments submitted on Plaintiff's Motion 2 for Preliminary Injunction. Motion taken under advisement; forthcoming Order. (Court Reporter Chandra Kean.) (zljn)

ORDER granting in part and denying in part 2 Motion for Preliminary Injunction. See full Order and accompanying Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 3/10/2025. (lccrc1) (Entered: 03/10/2025)

MEMORANDUM OPINION re 17 Order granting in part and denying in part 2 Motion for Preliminary Injunction. See full Memorandum Opinion for details. Signed by Judge Christopher R. Cooper on 3/10/2025. (lccrc1) (Entered: 03/10/2025)

TRANSCRIPT OF MOTION HEARING PROCEEDINGS before Judge Christopher R. Cooper held on March 7, 2025; Page Numbers: 1-101. Date of Issuance: March 12, 2025. Court Reporter/Transcriber Chandra Kean, RMR, Telephone number 202-354-3404.Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov.Redaction Request due 4/2/2025. Redacted Transcript Deadline set for 4/12/2025. Release of Transcript Restriction set for 6/10/2025.(Kean, Chandra) (Entered: 03/12/2025)

MOTION for Reconsideration re 18 Memorandum & Opinion, 17 Order on Motion for Preliminary Injunction, MOTION to Stay or Extend and Motion to Set Briefing Schedule on Forthcoming Motion for Summary Judgment by U.S. DOGE SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Text of Proposed Order, # 4 Text of Proposed Order)(Bernie, Andrew) (Entered: 03/14/2025)

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.Order

MINUTE ORDER: Plaintiff is ordered to respond to 20 Defendants' Motion for Reconsideration by March 18, 2025. The Court's order entering a preliminary injunction on March 10, 2025, meanwhile remains in place. See ECF Nos. 17, 18. Signed by Judge Christopher R. Cooper on 3/16/2025. (lccrc1)

RESPONSE re 20 MOTION for Reconsideration re 18 Memorandum & Opinion, 17 Order on Motion for Preliminary Injunction MOTION to Stay or Extend and Motion to Set Briefing Schedule on Forthcoming Motion for Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit A - DOGE Denial Email, # 2 Exhibit B - Transcript, # 3 Exhibit C - EPIC v. OHS)(Sus, Nikhel) (Entered: 03/18/2025)

1 Exhibit A - DOGE Denial Email

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2 Exhibit B - Transcript

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3 Exhibit C - EPIC v. OHS

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REPLY to opposition to motion re 20 Motion for Reconsideration,, Motion to Stay, filed by U.S. DOGE SERVICE. (Bernie, Andrew) (Entered: 03/18/2025)

OPINION AND ORDER denying Defendants' 20 Motion for Reconsideration and Motion to Stay. Defendants are directed to file a status report by March 27, 2025 setting forth the estimated number of documents responsive to the USDS Request. The parties are further ordered to file a joint status report by April 3, 2025. See full Opinion and Order for details. Signed by Judge Christopher R. Cooper on 3/19/2025. (lccrc1) (Entered: 03/19/2025)

MOTION for Summary Judgment by U.S. DOGE SERVICE, ELON MUSK, JOHN DOE. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Amy Gleason, # 3 Declaration of Andrew M. Bernie, # 4 Statement of Facts, # 5 Text of Proposed Order)(Bernie, Andrew) (Entered: 03/19/2025)

1 Memorandum in Support

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3 Declaration of Andrew M. Bernie

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4 Statement of Facts

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NOTICE of Preliminary Volume Estimate by OFFICE OF MANAGEMENT AND BUDGET re 18 Memorandum & Opinion, 17 Order on Motion for Preliminary Injunction (Bernie, Andrew) (Entered: 03/20/2025)

ANSWER to Complaint by U.S. DOGE SERVICE, ELON MUSK, OFFICE OF MANAGEMENT AND BUDGET, JOHN DOE, RUSSELL VOUGHT, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, MARCO RUBIO.(Bernie, Andrew) (Entered: 03/26/2025)

MOTION to Expedite Discovery, MOTION for Discovery by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit 1: Proposed First Discovery Requests, # 2 Exhibit 2: Declaration of Jonathan E. Maier, # 3 Exhibit 3: Gleason Form 61, # 4 Exhibit 4: Letter, # 5 Text of Proposed Order Granting Motion for Expedited Discovery)(Sus, Nikhel) (Entered: 03/27/2025)

1 Exhibit 1: Proposed First Discovery Requests

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2 Exhibit 2: Declaration of Jonathan E. Maier

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3 Exhibit 3: Gleason Form 61

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4 Exhibit 4: Letter

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5 Text of Proposed Order Granting Motion for Expedited Discovery

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.Order

Order

MINUTE ORDER: The parties are directed to meet and confer concerning the scope of CREW's 27 discovery request. Should any disputes remain, the government is directed to file a response by April 3, 2025. The parties are also directed to propose an appropriate protective order to cover any discovery ordered. Signed by Judge Christopher R. Cooper on 3/27/2025. (lccrc1)

NOTICE of Preliminary Volume Estimate by U.S. DOGE SERVICE re 23 Order on Motion for Reconsideration,, Order on Motion to Stay, 18 Memorandum & Opinion, 17 Order on Motion for Preliminary Injunction (Bernie, Andrew) (Entered: 03/27/2025)

Unopposed MOTION for Extension of Time to File Joint Status Report by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Bernie, Andrew) (Entered: 03/27/2025)

Order on Motion for Extension of Time to File

MINUTE ORDER granting 29 Motion for Extension of Time. The parties shall file the joint status report directed in the Court's March 10, 2025 Order by March 28, 2025. Signed by Judge Christopher R. Cooper on 3/28/2025. (lccrc1)

Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Bernie, Andrew) (Entered: 03/28/2025)

Unopposed MOTION to Stay re 24 MOTION for Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Sus, Nikhel) (Entered: 04/01/2025)

1 Text of Proposed Order

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Order on Motion to Stay

MINUTE ORDER granting 31 Motion to Stay Summary Judgment Briefing. All briefing on 24 Defendants' motion for partial summary judgment shall be stayed pending a ruling on 27 Plaintiff's motion for expedited discovery. Signed by Judge Christopher R. Cooper on 4/2/2025. (lccrc1)

Unopposed MOTION for Extension of Time to File Response to Motion for Expedited Discovery by U.S. DOGE SERVICE, ELON R. MUSK, OFFICE OF MANAGEMENT AND BUDGET, JOHN DOE, RUSSELL VOUGHT, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, MARCO A. RUBIO. (Attachments: # 1 Text of Proposed Order)(Bernie, Andrew) (Entered: 04/02/2025)

Joint STATUS REPORT by U.S. DOGE SERVICE. (Bernie, Andrew) (Entered: 04/03/2025)

Order on Motion for Extension of Time to File

MINUTE ORDER granting 32 Motion for Extension of Time to File. Defendants shall have until April 8, 2025 to file a response to Plaintiffs motion for expedited discovery. Signed by Judge Christopher R. Cooper on 4/5/2025. (lccrc1)

Memorandum in opposition to re 27 Motion for Discovery, filed by JOHN DOE, ELON R. MUSK, U.S. DOGE SERVICE. (Bernie, Andrew) (Entered: 04/08/2025)

MINUTE ORDER: The Court has reviewed 30 and 33 the parties' joint status reports concerning production of OMB and USDS records, respectively. The Court hereby directs both OMB and USDS to process the records responsive to CREW's requests at a rate of 1000 pages per month. Although the 24 government's motion for summary judgment remains pending, the Court already held that USDS is likely subject to FOIA. Mem. Op., ECF No. 18, at 23-28. Thus, the Court ordered USDS to begin processing records because "if USDS does not even begin processing the request until after the question of whether it is subject to FOIA is litigated on the merits, a decision in CREW's favor will likely be followed by additional processing delays." Op. Denying Mot. for Recons., ECF No. 23, at 8. In accordance with that holding, USDS, along with OMB, must begin processing responsive records now. The Court will not order USDS to produce any documents to CREW until after the Court rules on USDS's motion for summary judgment, however. See id. Turning to the appropriate processing rate, although the government is correct that "a production rate of 500 pages per month has been approved" in routine cases in this district, Middle E. F. v. U.S. Dep't of Homeland Sec., 297 F. Supp. 3d 183, 187 (D.D.C. 2018), this is not such a case. As the Court explained in its two prior opinions, the records requested here are "important" and "directly tied to [] current, ongoing" actions by USDS, which "are of the highest national concern." Mem. Op., ECF No. 18, at 17, 32. The Court thus held that "Congress and the public must receive the requested information 'in a timely fashion' such that they can participate in these 'ongoing public and congressional debates about issues of vital national importance.'" Id. at 19. Indeed, the government has already granted expedited processing of both of CREW's requests directed to OMB. Compl. ¶¶ 94, 100. And the Court held that the request directed to USDS was also likely entitled to expedited processing. Mem. Op. at 30. For these reasons, a somewhat higher processing rate of 1000 pages per month is appropriate for records responsive to both the OMB and USDS Requests. Although the government indicates that USDS does not have a FOIA Office, it has not shown that it would be unduly burdensome to impose the same processing rate on USDS because, as the Court already noted, "USDS [has provided] no reason why the existing FOIA office at OMB, or those elsewhere within the Executive Office of the President, could not assist with processing the narrow USDS Request." Op. Denying Mot. for Recons at 17. Nevertheless, the Court expects CREW to work in good faith to narrow and prioritize its record requests, which have generated a relatively large amount of potentially responsive documents. The Court might entertain a request for a higher processing rate should it be satisfied that CREW has done so and the production is yielding meaningful results. Signed by Judge Christopher R. Cooper on 4/10/2025. (lccrc1)

.Order

MINUTE ORDER: CREW is directed to file any reply in support of 27 its motion for expedited discovery by April 11, 2025. Signed by Judge Christopher R. Cooper on 4/10/2025. (lccrc1)

REPLY to opposition to motion re 27 Motion for Discovery, filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Maier, Jonathan) (Entered: 04/10/2025)

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Notice of QC **DO NOT USE- FOR REPORTING PURPOSES ONLY.**

NOTICE OF ERROR re 35 Reply to opposition to Motion; emailed to jmaier@citizensforethics.org, cc'd 11 associated attorneys -- The PDF file you docketed contained errors: 1. Please note the following for future filings; do not refile document, 2. DO NOT REFILE. Counsel is reminded that log in and password should match signature page. (zjm, )

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lauren C. Bingham, Filing fee $ 100, receipt number ADCDC-11609569. Fee Status: Fee Paid. by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Sus, Nikhel) (Entered: 04/11/2025)

1 Declaration

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2 Exhibit Certificate of Good Standing

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3 Text of Proposed Order

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Order on Motion for Leave to Appear Pro Hac Vice

MINUTE ORDER granting 36 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Christopher R. Cooper on 4/14/2025. (lccrc1)

NOTICE of Appearance by Lauren Crowell Bingham on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Bingham, Lauren) (Entered: 04/14/2025)

OPINION AND ORDER granting in part and denying in part 27 Plaintiff's Motion for Discovery. Defendants are ordered to serve responses and objections to Plaintiffs Discovery Requests within 7 days of the date of this order and produce all responsive documents within 14 days of the date of this order. It is further ordered that all depositions be completed within 10 days from the deadline for producing documents. See full Opinion and Order for details. Signed by Judge Christopher R. Cooper on 4/15/2025. (lccrc1) (Entered: 04/15/2025)

MOTION to Stay re 38 Order on Motion for Discovery,, by U.S. DOGE SERVICE. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Bernie, Andrew) (Entered: 04/17/2025)

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.Order

MINUTE ORDER: CREW is directed to respond to 39 USDS's Motion to Stay by April 18, 2025. Signed by Judge Christopher R. Cooper on 4/17/2025. (lccrc1)

RESPONSE re 39 MOTION to Stay re 38 Order on Motion for Discovery,, filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Sus, Nikhel) (Entered: 04/18/2025)