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

Clearinghouse coding complete

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 United States District Court for the District of Columbia, naming the agency heads of the Department o…

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 United States 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. The Plaintiffs challenged the termination of their employment, and they 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. The Plaintiffs sought declaratory and injunctive relief. 

On March 13, 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" (which the Clearinghouse summarized here).

The 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, the Plaintiffs filed a preliminary injunction motion. Additional briefing is scheduled through April 30. 

This case is ongoing. 

Summary Authors

Lacie Melasi (3/23/2025)

People

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


Attorney for Plaintiff

Keith, Pamela M. (District of Columbia)

Attorney for Defendant

Eckrote, Kaitlin Kerry (District of Columbia)

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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

Resources

Docket

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

Last updated April 21, 2025, 3:13 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

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2 Exhibit Exhibits 1-3 to the Complaint

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3 Exhibit Notice of Related Case

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4 Summons Dept of Commerce Summons

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5 Summons GSA Summons

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6 Summons HHS Summons

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7 Summons Treasury Summons

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8 Summons USATTY Summons

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9 Summons VA Summons

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10 Summons DOJ Summons

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March 11, 2025

March 11, 2025

Clearinghouse

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
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

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
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
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

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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
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
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
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

Summons Returned Executed as to Federal Defendant

April 14, 2025

April 14, 2025

PACER
16

Summons Returned Executed as to Federal Defendant

April 14, 2025

April 14, 2025

PACER
17

Response to motion

1 Declaration Matt Mrnak

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2 Declaration Sherrie Watford

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3 Declaration Danielle Ellis

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4 Declaration Anne Burnham

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5 Declaration Max Wyche

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6 Text of Proposed Order

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April 16, 2025

April 16, 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 (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

U.S. Office of Personnel Management (- United States (national) -), Federal

U.S. Navy (- United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Discharge & termination plans

Disciplinary procedures

Presidential/Gubernatorial Authority:

Civil Service