Case: National Endowment for Democracy v. United States of America

1:25-cv-00648 | U.S. District Court for the District of District of Columbia

Filed Date: March 5, 2025

Case Ongoing

Clearinghouse coding in progress

Case Summary

On March 5, 2025, the National Endowment for Democracy filed this lawsuit in the United States District Court for the District of Columbia, naming the United States, the U.S. Department of State, the U.S. Office of Management and Budget, the U.S. Department of Treasury, the U.S. Department of Health and Human Services, and their corresponding agency heads as Defendants. Established by the National Endowment for Democracy Act (NED Act), the Plaintiff is a nonprofit whose mission is to "encourage…

On March 5, 2025, the National Endowment for Democracy filed this lawsuit in the United States District Court for the District of Columbia, naming the United States, the U.S. Department of State, the U.S. Office of Management and Budget, the U.S. Department of Treasury, the U.S. Department of Health and Human Services, and their corresponding agency heads as Defendants. Established by the National Endowment for Democracy Act (NED Act), the Plaintiff is a nonprofit whose mission is to "encourage free and democratic institutions throughout the world through private sector initiatives." The NED Act directs that the Endowment "shall" receive annual grants through the Department of State. Since January 22, 2025, the executive branch had denied the Plaintiff access to its congressionally appropriated funds. The Plaintiff alleged that by   withholding the funds the Defendants violated the Administrative Procedure Act. Additionally, the Plaintiff also alleges that the acting agency heads are also in violation of the Mandamus Act, the Presentment Clause, the Appropriations Clause, the Spending Clause, the Take Care Clause, and the Separation of Powers.  The Plaintiff is represented by Munger, Tolles & Olson LLP and sought injunctive relief and attorney fees. The case was assigned to Judge Dabney L. Friedrich.

On March 6, 2025, the Plaintiffs filed a motion for temporary restraining order seeking to stop Defendants from impounding or otherwise interfering with the Endowment's congressional mandated funding. The case is ongoing.

Summary Authors

Alaa Mustafa (3/17/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69708462/parties/national-endowment-for-democracy-v-united-states-of-america/


Attorney for Plaintiff

Anders, Ginger Dawn (District of Columbia)

Bronshteyn, Gabriel Mark (District of Columbia)

Jr, Donald Beaton (District of Columbia)

Kreisberg, Jeremy (District of Columbia)

Attorney for Defendant

Schwei, Daniel Stephen (District of Columbia)

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-00648

Complaint for Declaratory and Injunctive Relief and Petition for Writ of Mandamus

March 5, 2025

March 5, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69708462/national-endowment-for-democracy-v-united-states-of-america/

Last updated April 21, 2025, 3:19 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11522500) filed by NATIONAL ENDOWMENT FOR DEMOCRACY. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons)(Verrilli, Donald) (Entered: 03/05/2025)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

5 Summons

View on PACER

6 Summons

View on PACER

7 Summons

View on PACER

8 Summons

View on PACER

9 Summons

View on PACER

10 Summons

View on PACER

11 Summons

View on PACER

12 Summons

View on PACER

March 5, 2025

March 5, 2025

Clearinghouse
2

NOTICE of Appearance by Donald Beaton Verrilli, Jr on behalf of NATIONAL ENDOWMENT FOR DEMOCRACY (Verrilli, Donald) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

PACER
3

NOTICE of Appearance by Ginger Dawn Anders on behalf of NATIONAL ENDOWMENT FOR DEMOCRACY (Anders, Ginger) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

PACER
4

NOTICE of Appearance by Jeremy Kreisberg on behalf of NATIONAL ENDOWMENT FOR DEMOCRACY (Kreisberg, Jeremy) (Entered: 03/05/2025)

March 5, 2025

March 5, 2025

PACER
5

MOTION for Temporary Restraining Order by NATIONAL ENDOWMENT FOR DEMOCRACY. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Text of Proposed Order)(Verrilli, Donald) (Entered: 03/06/2025)

1 Memorandum in Support

View on RECAP

2 Exhibit A

View on RECAP

3 Exhibit B

View on RECAP

4 Exhibit C

View on RECAP

5 Exhibit D

View on RECAP

6 Exhibit E

View on RECAP

7 Exhibit F

View on RECAP

8 Exhibit G

View on RECAP

9 Exhibit H

View on RECAP

10 Text of Proposed Order

View on RECAP

March 6, 2025

March 6, 2025

RECAP

Status Report Order

March 6, 2025

March 6, 2025

PACER

Case Assigned/Reassigned

March 6, 2025

March 6, 2025

PACER

Scheduling Order

March 6, 2025

March 6, 2025

PACER
6

SEALED MOTION FOR LEAVE TO FILE DOCUMENT UNDER SEAL filed by NATIONAL ENDOWMENT FOR DEMOCRACY (This document is SEALED and only available to authorized persons.) (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Text of Proposed Order)(Verrilli, Donald) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER

Case Assigned to Judge Dabney L. Friedrich. (zsl)

March 6, 2025

March 6, 2025

PACER
7

SUMMONS (11) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER

MINUTE ORDER directing the parties to meet and confer and file a proposed schedule regarding the 5 Motion for a Temporary Restraining Order by close of business today. So Ordered by Judge Dabney L. Friedrich on March 6, 2025 (lcdlf3).

March 6, 2025

March 6, 2025

PACER
8

STANDARD ORDER in Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on March 6, 2025 (lcdlf3) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER
9

NOTICE of Appearance by Daniel Stephen Garrett Schwei on behalf of All Defendants (Schwei, Daniel) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

PACER
10

PROPOSED BRIEFING SCHEDULE re 5 MOTION for Temporary Restraining Order by NATIONAL ENDOWMENT FOR DEMOCRACY. (Verrilli, Donald) (Entered: 03/06/2025)

March 6, 2025

March 6, 2025

RECAP

MINUTE ORDER. Upon consideration of the parties' 10 Proposed Briefing Schedule, the following schedule shall govern further proceedings: the opposition shall be due by 5:00 p.m. on March 11, 2025; the reply shall be due by 5:00 p.m. on March 12, 2025. A hearing is scheduled for March 14, 2025 at 2:30 p.m. So Ordered by Judge Dabney L. Friedrich on March 6, 2025 (lcdlf3)

March 6, 2025

March 6, 2025

PACER
11

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gabriel M. Bronshteyn, Filing fee $ 100, receipt number ADCDC-11525750. Fee Status: Fee Paid. by NATIONAL ENDOWMENT FOR DEMOCRACY. (Attachments: # 1 Declaration of Gabriel M. Bronshteyn, # 2 Text of Proposed Order)(Verrilli, Donald) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 7, 2025

March 7, 2025

PACER

Notice of Courtroom Change

March 7, 2025

March 7, 2025

PACER

MINUTE ORDER granting the 11 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. So Ordered by Judge Dabney L. Friedrich on March 7, 2025 (lcdlf3)

March 7, 2025

March 7, 2025

PACER

NOTICE OF COURTROOM CHANGE: The Motion Hearing re: 5 Motion for Temporary Restraining Order set for 3/14/2025 at 2:30 PM in Courtroom 25A (In Person) before Judge Dabney L. Friedrich. (smc)

March 7, 2025

March 7, 2025

PACER
12

NOTICE of Appearance by Gabriel Mark Bronshteyn on behalf of NATIONAL ENDOWMENT FOR DEMOCRACY (Bronshteyn, Gabriel) (Entered: 03/07/2025)

March 7, 2025

March 7, 2025

RECAP
13

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NATIONAL ENDOWMENT FOR DEMOCRACY (Verrilli, Donald) (Entered: 03/10/2025)

March 10, 2025

March 10, 2025

PACER
14

Joint MOTION to Hold in Abeyance re 5 MOTION for Temporary Restraining Order by NATIONAL ENDOWMENT FOR DEMOCRACY. (Attachments: # 1 Text of Proposed Order)(Verrilli, Donald) (Entered: 03/11/2025)

1 Text of Proposed Order

View on RECAP

March 11, 2025

March 11, 2025

RECAP

Order on Motion to Hold in Abeyance AND Set/Reset Deadlines AND Terminate Deadlines

March 11, 2025

March 11, 2025

PACER

MINUTE ORDER granting the 14 Joint Motion to Hold in Abeyance. The hearing on the plaintiff's 5 Motion for a Temporary Restraining Order is VACATED and the deadlines for filing an opposition and reply to the 5 Motion are stayed pending further order of this Court. It is further ORDERED that the parties shall submit a joint status report updating the Court on any developments in the case on or before March 21, 2025, and every 10 days thereafter until the 5 Motion is no longer pending. So Ordered by Judge Dabney L. Friedrich on March 11, 2025 (lcdlf3)

March 11, 2025

March 11, 2025

PACER
15

Joint STATUS REPORT by NATIONAL ENDOWMENT FOR DEMOCRACY. (Verrilli, Donald) (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

RECAP

Status Report Order

March 21, 2025

March 21, 2025

PACER

MINUTE ORDER. Upon consideration of the parties' 15 Joint Status Report, the parties shall file another status report on or before March 31, 2025. So Ordered by Judge Dabney L. Friedrich on March 21, 2025 (lcdlf3)

March 21, 2025

March 21, 2025

PACER
16

Joint STATUS REPORT by NATIONAL ENDOWMENT FOR DEMOCRACY. (Verrilli, Donald) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

RECAP

Status Report Order

April 1, 2025

April 1, 2025

PACER

MINUTE ORDER. Upon consideration of the parties 16 Joint Status Report, the parties shall file another status report on or before April 30, 2025. So ordered by Judge Dabney L. Friedrich on April 1, 2025 (lcdlf3)

April 1, 2025

April 1, 2025

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Trump Administration 2.0: Challenges to the Government (Spending Freezes/Cuts)

Key Dates

Filing Date: March 5, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A non-profit organization established by a federal Act

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Department of State (Washington D.C.), Federal

Office of Management and Budget (Washington D.C.), Federal

Department of Treasury (Washington D.C.), Federal

Department of Health and Human Services (Washington D.C.), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Spending/Appropriations Clauses

Separation of Powers

Take Care Clause

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)