Case: Democracy Forward Foundation v. U.S. Marshals Service

1:25-cv-00749 | U.S. District Court for the District of District of Columbia

Filed Date: March 14, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about government transparency and the public’s right to access information about possible executive branch interference in the federal judiciary.  On March 14, 2025, the Democracy Forward Foundation, a nonprofit organization focused on government accountability, filed this lawsuit against the U.S. Marshals Service ("USMS") in the United States District Court for the District of Columbia. The Plaintiff had previously filed several requests under the Freedom of Information Act ("FO…

This is a case about government transparency and the public’s right to access information about possible executive branch interference in the federal judiciary. 

On March 14, 2025, the Democracy Forward Foundation, a nonprofit organization focused on government accountability, filed this lawsuit against the U.S. Marshals Service ("USMS") in the United States District Court for the District of Columbia. The Plaintiff had previously filed several requests under the Freedom of Information Act ("FOIA"), seeking information and documentation relating to (1) potential inappropriate communications between USMS and federal judges about pending cases related to the January 6, 2021 riots at the U.S. Capitol, potentially following direction from the Department of Government Efficiency ("DOGE"); and (2) USMS’s role in enforcing court orders in light of Vice President JD Vance’s comments declaring that “judges aren’t allowed to control the executive’s legitimate power.”

Democracy Forward brought this action after the Defendant failed to respond to its FOIA requests within the time period required by law. The plaintiff sued the U.S. Marshals Service (USMS) under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. Represented by its in-house counsel, Democracy Forward sought a court order compelling USMS to conduct a comprehensive search for responsive documents and to release all non-exempt records. Democracy Forward also asked for a Vaughn index describing any withheld documents and invoked its right to recover litigation costs and attorneys’ fees under FOIA’s fee-shifting provision. The case was assigned to Judge Timothy J. Kelly.

On April 21, 2025, the U.S. Marshals Service filed its answer to the complaint, denying allegations of unlawful FOIA delay and raising standard defenses. In response, Judge Timothy J. Kelly issued a Minute Order on April 23, directing the parties to meet and confer regarding a proposed schedule for briefing or document disclosure. In a subsequent status conference on July 9, the parties agreed to narrow the responsive documents and schedule the disbursement of documents to DFF. Specifically, the report detailed that USMS had identified 674 pages of records that were potentially responsive to DFF’s requests. The parties will file another joint status report on October 6, 2025.

The case is ongoing.

Summary Authors

Karma Karira (5/7/2025)

Jeremiah Price (6/9/2025)

Madena Mustafa (9/24/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69737989/parties/democracy-forward-foundation-v-us-marshals-service/


Judge(s)

Kelly, Timothy James (District of Columbia)

Attorney for Plaintiff

McGrath, Daniel Alexander (District of Columbia)

Thurston, Robin F. (District of Columbia)

Attorney for Defendant

Bardo, John (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-00749

Complaint for Injunctive Relief

March 14, 2025

March 14, 2025

Complaint
10

1:25-cv-00749

Joint Proposed Schedule

May 7, 2025

May 7, 2025

Pleading / Motion / Brief
12

1:25-cv-00749

Joint Status Report

July 9, 2025

July 9, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69737989/democracy-forward-foundation-v-us-marshals-service/

Last updated Oct. 15, 2025, 1:43 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against U.S. MARSHALS SERVICE ( Filing fee $ 405 receipt number ADCDC-11542262) filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(McGrath, Daniel) (Entered: 03/14/2025)

1 Civil Cover Sheet

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

March 14, 2025

March 14, 2025

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (McGrath, Daniel) (Entered: 03/14/2025)

March 14, 2025

March 14, 2025

PACER
3

NOTICE of Appearance by Daniel Alexander McGrath on behalf of DEMOCRACY FORWARD FOUNDATION (McGrath, Daniel) (Entered: 03/16/2025)

March 16, 2025

March 16, 2025

PACER
4

NOTICE of Appearance by Robin F. Thurston on behalf of DEMOCRACY FORWARD FOUNDATION (Thurston, Robin) (Entered: 03/16/2025)

March 16, 2025

March 16, 2025

PACER
5

SUMMONS (3) Issued Electronically as to U.S. MARSHALS SERVICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsl) (Entered: 03/17/2025)

March 17, 2025

March 17, 2025

RECAP

Case Assigned/Reassigned

March 17, 2025

March 17, 2025

PACER

Case Assigned to Judge Timothy J. Kelly. (zsl)

March 17, 2025

March 17, 2025

PACER
6

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. MARSHALS SERVICE served on 3/20/2025 (McGrath, Daniel) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

PACER
7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/20/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/19/2025. (McGrath, Daniel) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

PACER
8

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 03/20/2025. (McGrath, Daniel) (Entered: 03/23/2025)

March 23, 2025

March 23, 2025

PACER
9

ANSWER to Complaint by U.S. MARSHALS SERVICE.(Bardo, John) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP

.Order AND ~Util - Set/Reset Deadlines

April 23, 2025

April 23, 2025

PACER

MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. It is hereby ORDERED that the parties shall meet, confer, and file, by May 7, 2025, a joint proposed schedule for briefing or disclosure. Signed by Judge Timothy J. Kelly on 4/23/2025. (lctjk2)

April 23, 2025

April 23, 2025

PACER
10

Joint STATUS REPORT by U.S. MARSHALS SERVICE. (Bardo, John) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

Clearinghouse

.Order AND Status Report Order AND ~Util - Set/Reset Deadlines

May 8, 2025

May 8, 2025

PACER

MINUTE ORDER: Upon consideration of the parties' 10 Joint Proposed Schedule, it is hereby ORDERED that the parties shall, by June 9, 2025, file a joint status report, proposing a schedule for further proceedings. Signed by Judge Timothy J. Kelly on 5/8/2025. (lctjk2)

May 8, 2025

May 8, 2025

PACER
11

Joint STATUS REPORT by U.S. MARSHALS SERVICE. (Bardo, John) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

RECAP

.Order AND Status Report Order AND ~Util - Set/Reset Deadlines

June 10, 2025

June 10, 2025

PACER

MINUTE ORDER: Upon consideration of the parties' 11 Joint Status Report, it is hereby ORDERED that the parties shall, by July 9, 2025, file a further joint status report, proposing a schedule for further proceedings. Signed by Judge Timothy J. Kelly on 6/10/2025. (lctjk2)

June 10, 2025

June 10, 2025

PACER
12

Status Report

July 9, 2025

July 9, 2025

Clearinghouse

.Order AND Status Report Order AND ~Util - Set/Reset Deadlines

July 10, 2025

July 10, 2025

PACER

MINUTE ORDER: Upon consideration of the parties' 12 Joint Status Report, it is hereby ORDERED that the parties shall, by October 6, 2025, file a further joint status report. Signed by Judge Timothy J. Kelly on 7/10/2025. (lctjk2)

July 10, 2025

July 10, 2025

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 1.0 & 2.0 FOIA cases

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: March 14, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiff, Democracy Forward Foundation, is a nonprofit organization based in Washington, D.C., dedicated to promoting transparency and accountability in government through legal advocacy and public education.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Democracy Forward

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Marshals Service (District of Columbia, - United States (national) -), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

FOIA (Freedom of Information Act), 5 U.S.C. § 552

Constitutional Clause(s):

Freedom of speech/association

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.:

Access to lawyers or judicial system

Presidential/Gubernatorial Authority:

Access to information systems

DOGE (Department of Government Efficiency)