Case: Gober v. Collins

1:25-cv-00714 | U.S. District Court for the District of District of Columbia

Filed Date: March 10, 2025

Case Ongoing

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Case Summary

This is a challenge to the second Trump administration's mass firings of federal employees classified as "probationary." (To see the Clearinghouse's collection of civil-service-related legal challenges to actions by the second Trump administration, click here.) On March 11, 2025, eight probationary employees previously employed by various federal agencies filed this class action lawsuit in the U.S. District Court for the District of Columbia, naming the agency heads of the Department of Veteran…

On March 11, 2025, eight probationary employees previously employed by various federal agencies filed this class action lawsuit in the U.S. District Court for the District of Columbia, naming the agency heads of the Department of Veterans Affairs, the Department of Health and Human Services, the Department of the Treasury, the Department of Commerce, and the Government Services Administration as defendants. They were represented by the Center for Employment Justice. Plaintiffs challenged the termination of their employment and brought the lawsuit on behalf of "all probationary employees of the Defendant Agencies terminated between January 20, 2025, to the present that received a termination communication stating that termination was due to poor performance, poor conduct, or performance not in the public interest, without any evidence of said poor performance, poor conduct, or performance not in the public interest." They alleged that their termination violated the Due Process Clause of the Fifth Amendment and the Administrative Procedure Act. Plaintiffs sought declaratory and injunctive relief.

On March 13, 2025, the case was assigned to District Judge Rudolph Contreras. Judge Contreras already had before him Schechter v. Collins, another case challenging the firing of a federal employee as "probationary" and for "poor performance."

Plaintiffs filed an amended complaint on March 21, 2025. It included an additional individual plaintiff, as well as the agency heads of the Navy and the Office of Personnel Management as defendants.

On March 27, 2025, Plaintiffs filed a preliminary injunction motion, which was denied on May 8. The district court found that it lacked jurisdiction over the Plaintiffs' claims because they have a remedy available to them per the Civil Service Reform Act of 1978 (CSRA)—review by the Office of Special Counsel. While the court acknowledged that its analysis could stop there, it stated that, even if the court were to consider the merits of Plaintiffs’ claims, it would likely reject them for the following reasons: (1) the court is not convinced that Plaintiffs have a viable cause of action under the APA for Count III because of the limits on judicial review per the APA and precedent in the D.C. Circuit; (2) the court is not persuaded that Plaintiffs would succeed on the merits of their “constitutional” claim in Count I because they have not pointed to any case where a court found a constitutional due process violation for defamatory speech where defendants were not the speakers; (3) Plaintiffs' "constitutional" claim in Count II effectively constitutes a claim that Defendants violated federal regulations, not the Constitution, which must be brought pursuant to the CSRA, if at all; and (4) Plaintiffs presented no argument why mandamus—a "drastic" remedy "available only in extraordinary situations"—is appropriate.

On May 5, 2025, one of the named plaintiffs voluntarily dismissed his claims. On June 3, 2025, four more of the named plaintiffs voluntarily dismissed their claims.

On June 26, 2025, defendants filed a motion to dismiss. Defendants first argued that since all plaintiffs employed by the Treasury and U.S. Navy had voluntarily dismissed their claims, those defendants should be dismissed from the case. Defendants further argued that the court lacked subject matter jurisdiction, that plaintiffs did not have a judicially protectable property interest in their employment, and that the mandamus they sought was too extraordinary and unjustified a remedy. The court's ruling on that motion is pending.

This case is ongoing.

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Summary Authors

Lacie Melasi (3/23/2025)

Matt Petrillo (6/30/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69723263/parties/gober-v-collins/

Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Keith, Pamela M. (District of Columbia)

Attorney for Defendant

Eckrote, Kaitlin Kerry (District of Columbia)

Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Keith, Pamela M. (District of Columbia)

Attorney for Defendant

Eckrote, Kaitlin Kerry (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-00714	Class Action Complaint for Injunctive and Declaratory Relief	March 11, 2025	March 11, 2025 Complaint
4 1:25-cv-00714	First Amended Class Action Complaint for Injunctive and Declaratory Relief	March 21, 2025	March 21, 2025 Complaint
6 1:25-cv-00714	Plaintiffs' Motion for a Preliminary Injunction	March 27, 2025	March 27, 2025 Pleading / Motion / Brief
25 1:25-cv-00714	Memorandum Opinion	May 8, 2025	May 8, 2025 Order/Opinion 2025 WL 1360434
27 1:25-cv-00714	Notice of Voluntary Dismissal	June 3, 2025	June 3, 2025 Pleading / Motion / Brief
28 1:25-cv-00714	Defendants' Motion to Dismiss and Memorandum in Support Thereof	June 26, 2025	June 26, 2025 Pleading / Motion / Brief

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Resources

Title	Description		External URL Date / External URL
Trump administration sued over mass firings by workers at five agencies Daniel Wiessner	A group of U.S. government employees who lost their jobs as part of President Donald Trump's purge of the federal workforce filed a lawsuit on Tuesday claiming the mass firings of recently-hired work…	March 11, 2025	March 11, 2025 https://www.reuters.com/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69723263/gober-v-collins/

Last updated Sept. 19, 2025, 10:52 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 405 receipt number ADCDC-11532340) filed by JESSICA GOBER. (Attachments: # 1 Civil Cover Sheet Civil Cover SHeet, # 2 Exhibit Exhibits 1-3 to the Complaint, # 3 Exhibit Notice of Related Case, # 4 Summons Dept of Commerce Summons, # 5 Summons GSA Summons, # 6 Summons HHS Summons, # 7 Summons Treasury Summons, # 8 Summons USATTY Summons, # 9 Summons VA Summons, # 10 Summons DOJ Summons)(Keith, Pamela) (Entered: 03/11/2025) 1 Civil Cover Sheet Civil Cover SHeet View on PACER 2 Exhibit Exhibits 1-3 to the Complaint View on RECAP 3 Exhibit Notice of Related Case View on PACER 4 Summons Dept of Commerce Summons View on PACER 5 Summons GSA Summons View on RECAP 6 Summons HHS Summons View on RECAP 7 Summons Treasury Summons View on PACER 8 Summons USATTY Summons View on PACER 9 Summons VA Summons View on PACER 10 Summons DOJ Summons View on PACER	March 11, 2025	March 11, 2025 Clearinghouse
2	NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 1:25-cv-00551. (Keith, Pamela) (Entered: 03/11/2025)	March 11, 2025	March 11, 2025 PACER
	Notice of Error- New Case	March 11, 2025	March 11, 2025 PACER
	NOTICE OF NEW CASE ERROR re [1-3] Exhibit Notice of Related Case. The following error(s) need correction: Related Case form filed as attachment. Please file using the event Notice of Related Case. (zsl)	March 11, 2025	March 11, 2025 PACER
3	SUMMONS (7) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 03/13/2025)	March 13, 2025	March 13, 2025 PACER
	ENTERED IN ERROR.....Case Assigned to Judge Christopher R. Cooper. (zmtm) Modified on 3/13/2025 - case directly assigned to Judge Cooper as related case (zmtm). Modified on 3/13/2025 (zmtm).	March 13, 2025	March 13, 2025 PACER
	Case Assigned/Reassigned	March 13, 2025	March 13, 2025 PACER
	Case Assigned to Judge Rudolph Contreras. (zmtm)	March 13, 2025	March 13, 2025 PACER
4	AMENDED COMPLAINT against All Defendants with Jury Demand filed by JESSICA GOBER, LEVI PRESTON. (Attachments: # 1 Summons Summons for OPM, # 2 Exhibit Exhibits 1-3, # 3 Exhibit Exhibits 4-10, # 4 Exhibit Exhibits 11-12, # 5 Exhibit Exhibits 13-14)(Keith, Pamela) (Entered: 03/21/2025)	March 21, 2025	March 21, 2025 Clearinghouse
5	SUMMONS (1) Issued Electronically as to CHARLES EZELL. (znmw) (Entered: 03/21/2025)	March 21, 2025	March 21, 2025 PACER
6	MOTION for Preliminary Injunction by JESSICA GOBER. (Attachments: # 1 Exhibit Exhibits 1-12)(Keith, Pamela) (Entered: 03/27/2025) 1 Exhibit Exhibits 1-12 View on PACER	March 27, 2025	March 27, 2025 Clearinghouse
7	NOTICE of Appearance by Kaitlin Kerry Eckrote on behalf of All Defendants (Eckrote, Kaitlin) (Entered: 03/28/2025)	March 28, 2025	March 28, 2025 PACER
8	Consent MOTION for Extension of Time to File Response/Reply as to 6 MOTION for Preliminary Injunction by ROBERT F. KENNEDY, JR, SCOTT BESSENT, HOWARD W. LUTNICK, STEPHEN EHIKIAN, CHARLES EZELL, CARLOS DEL TORO, DOUGLAS A. COLLINS. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 03/31/2025)	March 31, 2025	March 31, 2025 PACER
	Order on Motion for Extension of Time to File Response/Reply	March 31, 2025	March 31, 2025 PACER
	MINUTE ORDER granting 8 Consent Motion for Extension of Time: It is HEREBY ORDERED that Defendants' response to 6 Motion for Preliminary Injunction shall be filed on or before April 16, 2025; and that Plaintiffs' reply shall be filed on or before April 30, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 3/31/2025. (lcrc1)	March 31, 2025	March 31, 2025 PACER
10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DOUGLAS A. COLLINS served on 3/27/2025 (Keith, Pamela) Modified party served on 4/3/2025 (znmw). (Entered: 04/02/2025)	April 2, 2025	April 2, 2025 PACER
11	ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/31/2025. (Keith, Pamela) Modified on 4/3/2025; refiled as docket entry 13 (znmw). (Entered: 04/02/2025)	April 2, 2025	April 2, 2025 PACER
12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/27/2025. Answer due for ALL FEDERAL DEFENDANTS by 5/26/2025. (Keith, Pamela) (Entered: 04/02/2025)	April 2, 2025	April 2, 2025 PACER
13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. STEPHEN EHIKIAN served on 3/31/2025 (Keith, Pamela) Modified party served on 4/3/2025 (znmw). (Entered: 04/02/2025)	April 2, 2025	April 2, 2025 PACER
9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. HOWARD LUTNICK served on 3/28/2025 (Keith, Pamela) Modified party served on 4/3/2025 (znmw). (Entered: 04/02/2025)	April 2, 2025	April 2, 2025 PACER
14	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CHARLES EZELL served on 4/1/2025 (Keith, Pamela) Modified party served on 4/3/2025 (znmw). (Entered: 04/03/2025)	April 3, 2025	April 3, 2025 PACER
	Notice of Error	April 3, 2025	April 3, 2025 PACER
	NOTICE OF ERROR regarding 14 Summons Returned Executed as to Federal Defendant, 9 Summons Returned Executed as to Federal Defendant, 13 Summons Returned Executed as to Federal Defendant, 10 Summons Returned Executed as to Federal Defendant. The following error(s) have been corrected as a courtesy: When filing a return of service, select the defendant served, not the plaintiff. Future filings will be entered in error. (znmw)	April 3, 2025	April 3, 2025 PACER
15	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ROBERT F. KENNEDY, JR served on 3/31/2025 (Keith, Pamela) (Entered: 04/14/2025)	April 14, 2025	April 14, 2025 PACER
16	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SCOTT BESSENT served on 3/31/2025 (Keith, Pamela) (Entered: 04/14/2025)	April 14, 2025	April 14, 2025 PACER
17	RESPONSE re 6 MOTION for Preliminary Injunction filed by SCOTT BESSENT, DOUGLAS A. COLLINS, CARLOS DEL TORO, STEPHEN EHIKIAN, CHARLES EZELL, ROBERT F. KENNEDY, JR, HOWARD W. LUTNICK. (Attachments: # 1 Declaration Matt Mrnak, # 2 Declaration Sherrie Watford, # 3 Declaration Danielle Ellis, # 4 Declaration Anne Burnham, # 5 Declaration Max Wyche, # 6 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 04/16/2025) 1 Declaration Matt Mrnak View on PACER 2 Declaration Sherrie Watford View on PACER 3 Declaration Danielle Ellis View on PACER 4 Declaration Anne Burnham View on PACER 5 Declaration Max Wyche View on PACER 6 Text of Proposed Order View on PACER	April 16, 2025	April 16, 2025 PACER
18	ENTERED IN ERROR.....REQUEST FOR SUMMONS TO ISSUE on Departemtn of the Navy filed by JESSICA GOBER. Related document: 1 Complaint,, filed by JESSICA GOBER, 4 Amended Complaint, filed by JESSICA GOBER, LEVI PRESTON.(Keith, Pamela) Modified on 4/28/2025 (znmw). (Entered: 04/27/2025)	April 27, 2025	April 27, 2025 PACER
19	REQUEST FOR SUMMONS TO ISSUE for Carlos Del Toro Secretary of the Navy filed by JESSICA GOBER. Related document: 1 Complaint,, filed by JESSICA GOBER.(Keith, Pamela) (Entered: 04/28/2025)	April 28, 2025	April 28, 2025 PACER
	Notice of Error	April 28, 2025	April 28, 2025 PACER
	NOTICE OF ERROR regarding 18 Request for Summons to Issue. The following error(s) need correction: Other- Department of the Navy is not a named defendant. Please refile summons for named defendant. (znmw)	April 28, 2025	April 28, 2025 PACER
20	SUMMONS (1) Issued Electronically as to CARLOS DEL TORO. (znmw) (Entered: 04/29/2025)	April 29, 2025	April 29, 2025 PACER
21	REPLY to opposition to motion re 6 Motion for Preliminary Injunction filed by JESSICA GOBER. (Attachments: # 1 Exhibit Exhibits to Plaintiffs' Reply Brief)(Keith, Pamela) (Entered: 04/30/2025)	April 30, 2025	April 30, 2025 PACER
22	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CARLOS DEL TORO served on 5/1/2025 (Keith, Pamela) (Entered: 05/02/2025)	May 2, 2025	May 2, 2025 PACER
23	NOTICE of Voluntary Dismissal by JASON MALDONADO (Keith, Pamela) (Entered: 05/05/2025)	May 5, 2025	May 5, 2025 RECAP
24	ORDER denying 6 Motion for Preliminary Injunction. See document for details. Signed by Judge Rudolph Contreras on 5/8/2025. (lcrc1) (Entered: 05/08/2025)	May 8, 2025	May 8, 2025 PACER
25	MEMORANDUM OPINION denying 6 Motion for Preliminary Injunction. See document for details. Signed by Judge Rudolph Contreras on 5/8/2025. (lcrc1) (Entered: 05/08/2025)	May 8, 2025	May 8, 2025 Clearinghouse
	Set/Reset Hearings: Motion Hearing set for 5/8/2025 at 11:00 AM in Courtroom 23A- In Person before Judge Rudolph Contreras. (tj)	May 8, 2025	May 8, 2025 PACER
	Set/Reset Hearings	May 8, 2025	May 8, 2025 PACER
	Preliminary Injunction	May 8, 2025	May 8, 2025 PACER
	Minute Entry for proceedings held before Judge Rudolph Contreras: Preliminary Injunction Hearing held on 5/8/2025. Oral argument heard, and the court takes the motion under advisement. (Court Reporter: Tim Miller.) (tj)	May 8, 2025	May 8, 2025 PACER
26	Consent MOTION for Extension of Time to File Answer re 4 Amended Complaint, by SCOTT BESSENT, DOUGLAS A. COLLINS, CARLOS DEL TORO, STEPHEN EHIKIAN, CHARLES EZELL, ROBERT F. KENNEDY, JR, HOWARD W. LUTNICK. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 05/13/2025)	May 13, 2025	May 13, 2025 PACER
	Order on Motion for Extension of Time to Answer	May 13, 2025	May 13, 2025 PACER
	MINUTE ORDER granting 26 Consent Motion for Extension of Time: It is HEREBY ORDERED that Defendants shall file their response to 4 Plaintiffs' Amended Complaint on or before June 26, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 5/13/2025. (lcrc1)	May 13, 2025	May 13, 2025 PACER
27	NOTICE of Voluntary Dismissal by JESSICA GOBER (Keith, Pamela) (Entered: 06/03/2025)	June 3, 2025	June 3, 2025 Clearinghouse
28	MOTION to Dismiss by SCOTT BESSENT, DOUG COLLINS, CARLOS DEL TORO, STEPHEN EHIKIAN, CHARLES EZELL, ROBERT F. KENNEDY, JR, HOWARD W. LUTNICK. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 06/26/2025) 1 Text of Proposed Order View on PACER	June 26, 2025	June 26, 2025 Clearinghouse
29	Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss by JESSICA GOBER, TIFFANY HO, BENZA KENDRICK-LITHO, JASON MALDONADO, SEAN MCCLARY, ANGUSTIA PECK, LEVI PRESTON, ANDREA SASSARD, DEVEN TINES. (Keith, Pamela) (Entered: 07/01/2025)	July 1, 2025	July 1, 2025 PACER
	Order on Motion for Extension of Time to File Response/Reply	July 1, 2025	July 1, 2025 PACER
	MINUTE ORDER granting 29 Consent Motion for Extension of Time: It is HEREBY ORDERED that Plaintiffs' deadline to file a response to 28 Defendants' motion to dismiss shall be August 22, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 7/1/2025. (lcrc1)	July 1, 2025	July 1, 2025 PACER
30	Consent MOTION for Extension of Time to File Response/Reply as to 28 MOTION to Dismiss by JESSICA GOBER, TIFFANY HO, BENZA KENDRICK-LITHO, JASON MALDONADO, SEAN MCCLARY, ANGUSTIA PECK, LEVI PRESTON, ANDREA SASSARD, DEVEN TINES. (Keith, Pamela) (Entered: 08/22/2025)	Aug. 22, 2025	Aug. 22, 2025 PACER
	Order on Motion for Extension of Time to File Response/Reply	Aug. 22, 2025	Aug. 22, 2025 PACER
	MINUTE ORDER granting 30 Consent Motion for Extension of Time: It is HEREBY ORDERED that Plaintiffs' deadline to file a response to 28 Defendants' motion to dismiss shall be August 26, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 08/22/2025. (lcrc3)	Aug. 22, 2025	Aug. 22, 2025 PACER
31	Unopposed MOTION for Leave to File 4 Amended Complaint, by SEAN MCCLARY, ANGUSTIA PECK, LEVI PRESTON, ANDREA SASSARD, DEVEN TINES. (Attachments: # 1 Exhibit EX1 Second Amended Complaint, # 2 Exhibit Redline Comparison of SAC, # 3 Exhibit Exhibits 1-7 to SAC, # 4 Exhibit Exhibits 14-21 to SAC)(Keith, Pamela) Modified event on 8/27/2025 (znmw). (Entered: 08/26/2025)	Aug. 26, 2025	Aug. 26, 2025 PACER
32	NOTICE of Voluntary Dismissal by TIFFANY HO (Keith, Pamela) (Entered: 08/26/2025)	Aug. 26, 2025	Aug. 26, 2025 PACER
33	Errata	Aug. 27, 2025	Aug. 27, 2025 PACER
	Order on Motion for Leave to File AND Order on Motion to Dismiss	Aug. 27, 2025	Aug. 27, 2025 PACER
	MINUTE ORDER granting 31 Plaintiffs' Unopposed Motion for Leave to Amend Complaint: It is hereby ORDERED that [31-1] Plaintiffs' Second Amended Complaint shall be DEEMED FILED. Accordingly, 28 Defendants' Motion to Dismiss is DENIED as moot. SO ORDERED. Signed by Judge Rudolph Contreras on 08/27/2025. (lcrc3)	Aug. 27, 2025	Aug. 27, 2025 PACER
34	Extension of Time to File Answer	Sept. 2, 2025	Sept. 2, 2025 PACER
	Order on Motion for Extension of Time to Answer	Sept. 2, 2025	Sept. 2, 2025 PACER

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Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Appointments/Civil Service

Key Dates

Filing Date: March 10, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nine probationary employees previously employed by various federal agencies on behalf a class "of similarly situated federal probationary employees of the Department of Veterans Affairs, Department of the Treasury, Department of Commerce, Department of Health and Human Services, and the Government Services Administration."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

U.S. Department of Veterans Affairs (- United States (national) -), Federal

U.S. Department of Health and Human Services (- United States (national) -), Federal

U.S. Department of the Treasury (- United States (national) -), Federal

U.S. Department of Commerce (- United States (national) -), Federal

U.S. Government Services Administration (- United States (national) -), Federal