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

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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)

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)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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

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Docket

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

Last updated Oct. 19, 2026, 3:54 a.m.

Docket for: DEMOCRACY FORWARD FOUNDATION v. U.S. MARSHALS SERVICE

ECF Number	Date	Description	Link
1	March 14, 2025	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	Clearinghouse
2	March 14, 2025	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by DEMOCRACY FORWARD FOUNDATION (McGrath, Daniel) (Entered: 03/14/2025)	RECAP
3	March 16, 2025	NOTICE of Appearance by Daniel Alexander McGrath on behalf of DEMOCRACY FORWARD FOUNDATION (McGrath, Daniel) (Entered: 03/16/2025)	RECAP
4	March 16, 2025	NOTICE of Appearance by Robin F. Thurston on behalf of DEMOCRACY FORWARD FOUNDATION (Thurston, Robin) (Entered: 03/16/2025)	RECAP
5	March 17, 2025	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)	RECAP
	March 17, 2025	Case Assigned/Reassigned
	March 17, 2025	Case Assigned to Judge Timothy J. Kelly. (zsl)
6	March 23, 2025	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. MARSHALS SERVICE served on 3/20/2025 (McGrath, Daniel) (Entered: 03/23/2025)	RECAP
7	March 23, 2025	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)	RECAP
8	March 23, 2025	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)	RECAP
9	April 21, 2025	ANSWER to Complaint by U.S. MARSHALS SERVICE.(Bardo, John) (Entered: 04/21/2025)	RECAP
	April 23, 2025	.Order AND ~Util - Set/Reset Deadlines
	April 23, 2025	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)
10	May 7, 2025	Joint STATUS REPORT by U.S. MARSHALS SERVICE. (Bardo, John) (Entered: 05/07/2025)	Clearinghouse
	May 8, 2025	.Order AND Status Report Order AND ~Util - Set/Reset Deadlines
	May 8, 2025	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)
11	June 9, 2025	Joint STATUS REPORT by U.S. MARSHALS SERVICE. (Bardo, John) (Entered: 06/09/2025)	RECAP
	June 10, 2025	.Order AND Status Report Order AND ~Util - Set/Reset Deadlines
	June 10, 2025	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)
12	July 9, 2025	Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (McGrath, Daniel) (Entered: 07/09/2025)	RECAP
	July 10, 2025	.Order AND Status Report Order AND ~Util - Set/Reset Deadlines
	July 10, 2025	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)
	Dec. 2, 2025	MINUTE ORDER: The docket reflects that no joint status report has been filed pursuant to the Court's Minute Order of July 10, 2025, and Standing Orders Nos. 25-55 and 25-59. Therefore, it is hereby ORDERED that the parties shall file a further joint status report by December 4, 2025. Signed by Judge Timothy J. Kelly on 12/2/2025. (lctjk2)
	Dec. 2, 2025	.Order AND ~Util - Set/Reset Deadlines
13	Dec. 4, 2025	Joint STATUS REPORT by U.S. MARSHALS SERVICE. (Bardo, John) (Entered: 12/04/2025)	RECAP
	Dec. 5, 2025	.Order AND ~Util - Set/Reset Deadlines
	Dec. 5, 2025	MINUTE ORDER: Upon consideration of the parties' 13 Joint Status Report, it is hereby ORDERED that the parties shall file another joint status report by February 2, 2026, and every sixty days thereafter, until the Court orders otherwise. Signed by Judge Timothy J. Kelly on 12/5/2025. (lctjk2)
14	Feb. 2, 2026	Joint STATUS REPORT by U.S. MARSHALS SERVICE. (Bardo, John) (Entered: 02/02/2026)	RECAP
15	April 3, 2026	Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (McGrath, Daniel) (Entered: 04/03/2026)	RECAP
	April 6, 2026	MINUTE ORDER: Upon consideration of the parties' 15 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by May 6, 2026, and every 30 days thereafter until the Court orders otherwise, updating the Court as to the status of the outstanding records, including the date on which the records were sent to OIP for consultation and the projected timeline for their release. Signed by Judge Timothy J. Kelly on 4/6/26. (lctjk2)
	April 6, 2026	.Order AND ~Util - Set/Reset Deadlines
16	May 6, 2026	Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (McGrath, Daniel) (Entered: 05/06/2026)	RECAP
	May 8, 2026	MINUTE ORDER: Upon consideration of the parties' 16 Joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by August 13, 2026. Signed by Judge Timothy J. Kelly on 5/8/26. (lctjk2)
	May 8, 2026	.Order AND ~Util - Set/Reset Deadlines
17	July 24, 2026	Unopposed MOTION for Leave to File Supplemental Complaint by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Supplement Proposed Supplemental Complaint, # 2 Supplement Redline to Original Complaint, # 3 Text of Proposed Order)(McGrath, Daniel) (Entered: 07/24/2026)	RECAP
18	Aug. 6, 2026	FIRST AMENDED COMPLAINT against U.S. MARSHALS SERVICE, U.S. DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS filed by DEMOCRACY FORWARD FOUNDATION.(znmw) (Entered: 08/10/2026)	RECAP
	Aug. 6, 2026	Order on Motion for Leave to File
	Aug. 6, 2026	MINUTE ORDER: Upon consideration of Plaintiff's 17 Motion to File Supplemental Complaint, for good cause shown, and because Defendant does not oppose the relief requested, it is hereby ORDERED that the 17 Motion is GRANTED. The Clerk of Court is directed to docket the Supplemental Complaint, ECF No. 17-1. It is further ORDERED that Plaintiff shall serve Defendants U.S. Department of Justice and Executive Office for United States Attorneys. Signed by Judge Timothy J. Kelly on 8/6/26. (lctjk2)
19	Aug. 10, 2026	REQUEST FOR SUMMONS TO ISSUE filed by DEMOCRACY FORWARD FOUNDATION. (Attachments: # 1 Summons)(McGrath, Daniel) (Entered: 08/10/2026)	RECAP
20	Aug. 11, 2026	SUMMONS (2) Issued Electronically as to EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. DEPARTMENT OF JUSTICE. (znmw) (Entered: 08/11/2026)	RECAP
21	Aug. 12, 2026	NOTICE OF SUBSTITUTION OF COUNSEL by Benjamin Wilson Owen on behalf of All Defendants Substituting for attorney John Bardo (Owen, Benjamin) (Entered: 08/12/2026)	RECAP
22	Aug. 13, 2026	Joint STATUS REPORT by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE. (Owen, Benjamin) (Entered: 08/13/2026)	RECAP
23	Aug. 18, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 8/14/2026 (McGrath, Daniel) (Entered: 08/18/2026)	RECAP
24	Aug. 18, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS served on 8/14/2026 (McGrath, Daniel) (Entered: 08/18/2026)	RECAP
25	Sept. 4, 2026	Consent MOTION for Extension of Time to File Answer re 18 Amended Complaint Nunc Pro Tunc by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE. (Owen, Benjamin) (Entered: 09/04/2026)	RECAP
	Sept. 9, 2026	MINUTE ORDER: Upon consideration of the 25 Motion for Extension Nunc Pro Tunc, for excusable neglect shown, and because Plaintiff does not oppose the relief requested, it is hereby ORDERED that the 25 Motion is GRANTED. It is further ORDERED, nunc pro tunc, that Defendants shall answer or otherwise respond to the 18 Amended Complaint by September 18, 2026. Signed by Judge Timothy J. Kelly on 9/9/26. (lctjk2)
	Sept. 9, 2026	Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines
26	Sept. 14, 2026	Joint STATUS REPORT by DEMOCRACY FORWARD FOUNDATION. (McGrath, Daniel) (Entered: 09/14/2026)	RECAP
27	Sept. 14, 2026	ANSWER to 18 Amended Complaint by EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, U.S. DEPARTMENT OF JUSTICE, U.S. MARSHALS SERVICE.(Owen, Benjamin) (Entered: 09/14/2026)	RECAP
	Sept. 15, 2026	MINUTE ORDER: Upon consideration of the parties' 26 joint Status Report, it is hereby ORDERED that the parties shall file a further joint status report by October 14, 2026. Signed by Judge Timothy J. Kelly on 9/15/26. (lctjk2)
	Sept. 15, 2026	.Order AND ~Util - Set/Reset Deadlines
28	Oct. 14, 2026	Status Report	RECAP
	Oct. 16, 2026	.Order AND ~Util - Set/Reset Deadlines

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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

FOIA

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

Federal

U.S. Marshals Service

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

Other Dockets:

District of District of Columbia 1:25-cv-00749

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Declaratory judgment

Injunction

Relief Granted:

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)

Recommended Citation

Case Summary of Democracy Forward Foundation v. U.S. Marshals Service, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46233/ (last updated 9/24/2025).