Case: LeBlanc v. United States Privacy and Civil Liberties Oversight Board

U.S. Court of Appeals for the District of Columbia Circuit

COMPLAINT against JENNY FITZPATRICK, TRENT MORSE, DONALD J. TRUMP, UNITED STATES PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD, BETH A WILLIAMS (Filing Fee $405 receipt number ADCDC-11500318) filed by TRAVIS LEBLANC, EDWARD FELTEN. (Attachments: # 1 Civil Cover Sheet)(Theodore, Elisabeth) Modified on 2/25/2025 as to the payment of filing fee (zmtm). (Entered: 02/24/2025)

1 Civil Cover Sheet

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REQUEST FOR SUMMONS TO ISSUE as to the Civil Process Clerk filed by TRAVIS LEBLANC, EDWARD FELTEN. Related document: 1 Complaint, filed by TRAVIS LEBLANC, EDWARD FELTEN. (Attachments: # 1 Summons as to the Attorney General Pamela Bondi, # 2 Summons as to Trent Morse, # 3 Summons as to President Donald Trump, # 4 Summons as to Beth A. Williams, # 5 Summons as to Jenny Fitzpatrick, # 6 Summons as to the United State Privacy and Civil Liberties Oversight Board)(Theodore, Elisabeth) (Entered: 02/24/2025)

NOTICE of Appearance by Daniel Reuben Yablon on behalf of TRAVIS LEBLANC, EDWARD FELTEN (Yablon, Daniel) (Entered: 02/24/2025)

SUMMONS (7) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 02/25/2025)

GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on February 25, 2025. (lcrbw2) (Entered: 02/25/2025)

Case Assigned to Judge Reggie B. Walton. (zmtm)

Case Assigned/Reassigned

NOTICE of Appearance by Douglas C. Dreier on behalf of All Defendants (Dreier, Douglas) (Entered: 03/04/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/25/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/26/2025. (Theodore, Elisabeth) (Entered: 03/04/2025)

MOTION for Summary Judgment by TRAVIS LEBLANC, EDWARD FELTEN. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Travis LeBlanc, # 4 Declaration of Edward Felten, # 5 Text of Proposed Order)(Theodore, Elisabeth) (Entered: 03/12/2025)

1 Memorandum in Support

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2 Statement of Facts

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3 Declaration of Travis LeBlanc

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4 Declaration of Edward Felten

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5 Text of Proposed Order

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AMENDED COMPLAINT against JENNY FITZPATRICK, TRENT MORSE, DONALD J. TRUMP, UNITED STATES PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD, BETH A WILLIAMS filed by TRAVIS LEBLANC, EDWARD FELTEN. (Attachments: # 1 Exhibit First Amended Complaint - Redline)(Theodore, Elisabeth) (Entered: 03/12/2025)

Joint MOTION to Expedite Consideration of Cross-Motions for Summary Judgment and to Set a Briefing Schedule by TRAVIS LEBLANC. (Attachments: # 1 Text of Proposed Order)(Theodore, Elisabeth). Added MOTION for Briefing Schedule on 3/13/2025 (znmw). (Entered: 03/12/2025)

ORDER. In accordance with the attached Order, it is hereby ORDERED that the parties' 9 Joint Motion for Expedited Consideration of Cross-Motions for Summary Judgment and to Set a Briefing Schedule is GRANTED. It is further ORDERED that the plaintiffs shall file their motion for summary judgment on or before March 12, 2025. It is further ORDERED that, on or before April 3, 2025, the defendants shall file their combined opposition to the plaintiffs' motion for summary judgment and cross-motion for summary judgment. It is further ORDERED that, on or before April 16, 2025, the plaintiffs shall file their combined opposition to the defendants' cross-motion for summary judgment and a reply in support of their motion for summary judgment. It is further ORDERED that, on or before April 23, 2025, the defendants shall file a reply in support of their cross-motion for summary judgment. It is further ORDERED that, on April 30, 2025, at 2:00 p.m., the parties shall appear before the Court for a motion hearing. The parties shall appear for the motion hearing before the Court in Courtroom 16 on the 6th floor at the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, D.C. 20001. It is further ORDERED that, on May 14, 2025, at 9:30 a.m., the parties shall appear before the Court for a status conference, via teleconference, by calling 646-828-7666, entering Meeting ID 161 591 8885 followed by the pound key (#), and then entering the Passcode 984979 followed by the pound key (#). This status conference will serve as a target date for the resolution of the parties' summary judgment motions. In the event that the Court is unable to resolve the motions by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on March 13, 2025. (lcrbw2) (Entered: 03/13/2025)

Cross MOTION for Summary Judgment by UNITED STATES PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD, BETH A WILLIAMS, JENNY FITZPATRICK, TRENT MORSE, DONALD J. TRUMP. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Dreier, Douglas) (Entered: 04/03/2025)

1

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Memorandum in opposition to re 10 Motion for Summary Judgment, Duplicate of ECF No. 12 filed by UNITED STATES PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD, BETH A WILLIAMS, JENNY FITZPATRICK, TRENT MORSE, DONALD J. TRUMP. (Dreier, Douglas) (Entered: 04/03/2025)

AMICUS BRIEF in Support of Defendants and in Opposition to Plaintiffs' Motion for Summary Judgment by STATE OF FLORIDA. (DeSousa, Jeffrey) (Entered: 04/10/2025)

RESPONSE re 12 Cross MOTION for Summary Judgment and REPLY to opposition to motion re 10 MOTION for Summary Judgment filed by EDWARD FELTEN, TRAVIS LEBLANC. (Attachments: # 1 Statement of Facts Plaintiffs Response to Defendants Statement of Undisputed Material Facts, # 2 Declaration Supplemental Declaration of Travis Leblanc, # 3 Declaration Supplemental Declaration of Edward Felten)(Theodore, Elisabeth) (Entered: 04/16/2025)

1 Statement of Facts Plaintiffs Response to Defendants Statement of Undisputed Mat

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2 Declaration Supplemental Declaration of Travis Leblanc

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3 Declaration Supplemental Declaration of Edward Felten

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REPLY to opposition to motion re 10 Motion for Summary Judgment, filed by EDWARD FELTEN, TRAVIS LEBLANC. (See Docket Entry 15 to view document). (znmw) (Entered: 04/17/2025)

Reply to opposition to motion

NOTICE of Appearance by Emily Margaret Hall on behalf of All Defendants (Hall, Emily) (Entered: 04/23/2025)

REPLY to opposition to motion re 12 Motion for Summary Judgment, filed by JENNY FITZPATRICK, TRENT MORSE, DONALD J. TRUMP, UNITED STATES PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD, BETH A WILLIAMS. (Attachments: # 1 Appendix - Redline of Statutory Provisions, # 2 Exhibit 1 - Sub-Quorum Policy)(Dreier, Douglas) (Entered: 04/23/2025)

1 Appendix - Redline of Statutory Provisions

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2 Exhibit 1 - Sub-Quorum Policy

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MINUTE ORDER. The public is permitted to attend the motion hearing currently scheduled for April 30, 2025, at 2:00 p.m., by calling 1-833-990-9400, and entering the Meeting ID 011366756. Signed by Judge Reggie B. Walton on April 30, 2025. (lcrbw2)

Order

Minute Entry for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 4/30/2025 re 10 Plaintiff's Motion for Summary Judgment and 12 Defendants' Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment. Oral arguments heard. Written Opinion forthcoming via Chambers. (Court Reporter: Elizabeth Davila) (zalh)

ORDER. In accordance with the attached Order, it is hereby ORDERED that, on or before May 12, 2025, at 12:00 p.m., the plaintiffs shall file supplemental declarations from each plaintiff explaining the plaintiffs' basis for asserting at the April 30, 2025, motion hearing that they would not be entitled to any back pay under the Back Pay Act, based on the difference between their compensation as part-time members of the Board and their compensation through other employment. Specifically, the Court requires more than a general assertion that their other compensation exceeds their compensation as members of the Board. The plaintiffs may move to file any exhibits to those supplemental declarations under seal, should they wish to do so. Signed by Judge Reggie B. Walton on May 9, 2025. (lcrbw2) (Entered: 05/09/2025)

NOTICE of Filing of Supplemental Declarations by EDWARD FELTEN, TRAVIS LEBLANC (Attachments: # 1 Declaration - Second Supplemental Declaration of Travis LeBlanc, # 2 Declaration - Second Supplemental Declaration of Edward Felten)(Theodore, Elisabeth) (Entered: 05/12/2025)

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by EDWARD FELTEN, TRAVIS LEBLANC (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Declaration Second Supplemental Declaration of Edward Felten, # 2 Text of Proposed Order, # 3 Certificate of Service)(Theodore, Elisabeth) (Entered: 05/12/2025)

SEALED DECLARATION filed by EDWARD FELTEN, TRAVIS LEBLANC. re 21 Sealed Motion for Leave to File Document Under Seal,. (This document is SEALED and only available to authorized persons.)(zdp) (Entered: 05/16/2025)

MINUTE ORDER. The Court requiring additional time to consider the pending cross-motions for summary judgment in this case, it is hereby ORDERED that the status conference currently scheduled for May 14, 2025, is CONTINUED to May 21, 2025, at 9:30 a.m. The parties shall appear before the Court via teleconference, by calling 646-828-7666, entering Meeting ID 161 591 8885 followed by the pound key (#), and then entering the Passcode 984979 followed by the pound key (#). This status conference will serve as a target date for the resolution of the pending cross-motions for summary judgment. In the event that the Court is unable to resolve the motions by this date, the parties will be advised in advance that the status conference will be continued to a later date. Signed by Judge Reggie B. Walton on May 13, 2025. (lcrbw2)

Order

MINUTE ORDER. In light of the forthcoming Memorandum Opinion to be issued by the Court, it is hereby ORDERED that the status conference currently scheduled for May 21, 2025, is VACATED. Signed by Judge Reggie B. Walton on May 20, 2025. (lcrbw2)

Order

MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on May 21, 2025. (lcrbw2) (Entered: 05/21/2025)

ORDER. In accordance with the Memorandum Opinion issued on this same date, it is hereby ORDERED that the 10 Plaintiffs' Motion for Summary Judgment is GRANTED. It is further ORDERED that the 12 Defendants' Cross-Motion for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment is DENIED. It is therefore DECLARED that the terminations of the plaintiffs, Travis LeBlanc and Edward Felten, were unlawful, in violation of 42 U.S.C. § 2000ee, and therefore null and void. It is further ORDERED that the plaintiff Travis LeBlanc remains a member of the Privacy and Civil Liberties Oversight Board ("PCLOB" or "the Board"), having been appointed by the President and confirmed by the Senate to a term expiring on January 29, 2028, and he may be removed by the President prior to expiration of his term only for cause. It is further ORDERED that the plaintiff Edward Felten remains a member of the PCLOB, having been appointed by the President and confirmed by the Senate to a term expiring on January 29, 2025, and being eligible to serve at his discretion until either his successor is confirmed or one year after the date of the expiration of his current term, i.e., January 29, 2026, whichever occurs first, and he may be removed by the President prior to expiration of his holdover term only for cause or upon the confirmation of a successor to his position on the Board. It is further ORDERED that the Privacy and Civil Liberties Oversight Board, defendant Beth A. Williams, defendant Jenny Fitzpatrick, and defendant Trent Morse, as well as their subordinates, agents, and employees, are ENJOINED from treating the plaintiffs as having been removed from their positions as Board members of the Privacy and Civil Liberties Oversight Board during their terms as members of the Board, and from taking any action that would deprive the plaintiffs of their ability to exercise the functions of their office during their terms as members of the PCLOB or deprive the plaintiffs of any right or benefit of that office during their terms as members of the PCLOB. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on May 21, 2025. (lcrbw2) (Entered: 05/21/2025)

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 24 Memorandum & Opinion, 25 Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,, by TRENT MORSE, UNITED STATES PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD, DONALD J. TRUMP, BETH A WILLIAMS, JENNY FITZPATRICK. Fee Status: No Fee Paid. Parties have been notified. (Hall, Emily) (Entered: 05/27/2025)

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 26 Notice of Appeal to DC Circuit Court,. (znmw) (Entered: 05/28/2025)

MOTION to Stay re 25 Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,, by JENNY FITZPATRICK, TRENT MORSE, DONALD J. TRUMP, UNITED STATES PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD, BETH A WILLIAMS. (Hall, Emily) (Entered: 05/28/2025)

Memorandum in opposition to re 28 MOTION to Stay re 25 Order on Motion for Summary Judgment,,,,,,,,,,,,,,,,, filed by EDWARD FELTEN, TRAVIS LEBLANC. (Yablon, Daniel) (Entered: 05/29/2025)

ORDER. In accordance with the attached Order, it is hereby ORDERED that the 28 Defendants' Motion to Stay the Court's Order Pending Appeal is DENIED. Signed by Judge Reggie B. Walton on May 29, 2025. (lcrbw2) (Entered: 05/29/2025)

USCA Case Number

USCA Case Number 25-5197 for 26 Notice of Appeal to DC Circuit Court, filed by BETH A WILLIAMS, UNITED STATES PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD, DONALD J. TRUMP, JENNY FITZPATRICK, TRENT MORSE. (zdp)

TRANSCRIPT OF PROCEEDINGS, before Judge Reggie B. Walton, held on 04-30-2025; Page Numbers: 1 - 76. Date of Issuance: 6-05-2025. Court Reporter: Elizabeth Davila, Telephone number: 202-354-3242. 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 6/26/2025. Redacted Transcript Deadline set for 7/6/2025. Release of Transcript Restriction set for 9/3/2025.(Davila, Elizabeth) (Entered: 06/05/2025)