Filed Date: March 23, 2025
Case Ongoing
Clearinghouse coding complete
This case challenges a FOIA denial regarding information about federal agencies' reductions in force and reorganization plans.
On February 11, 2025, President Trump released the Executive Order, Implementing The President’s “Department of Government Efficiency” Workforce Optimization Initiative directed agencies to undertake “large-scale reductions in force (RIFs).” This Order directed agencies to eliminate “waste, bloat, and insularity” in their agency by initiating “large-scale reductions in force” (RIFs). This was followed by a memorandum issued by the the Office of Personnel Management (OPM) and the Office of Management and Budget (OMB) on February 26, 2025, ordering the heads of all executive branch departments and agencies directing each agency to submit plans for RIFs to OMB and OPM for approval by March 13, 2025.
To shed light on the Administration’s actions, Democracy Forward filed Freedom of Information (FOIA) requests to OPM and OMB seeking the Administration’s plans for dramatic reductions of the federal workforce and, from OPM, for communications related to these plans. Specifically, Democracy Forward requested “All Agency RIF and Reorganization Plans (“ARRPs”) submitted to OMB by heads and acting heads of departments and agencies as required by OMB Director Vought and OPM Acting Director Ezell’s February 26, 2025 memorandum...” Democracy Forward filed numerous expedited processing requests for these FOIA records throughout March 2025. OPM and OMB failed to notify Democracy Forward of any determinations on these requests.
On March 23, 2025, Democracy Forward filed this complaint in the District of District of Columbia against Defendants OPM and OMB. Represented by themselves, Plaintiff alleged a violation of FOIA, 5 U.S.C. § 552, for failure to grant expedited processing of these FOIA requests. Plaintiff alleged that by failing to grant Plaintiff’s requests for expedited processing on Plaintiff’s FOIA requests concerning matters of urgent national concern, Defendants violated FOIA, 5 U.S.C. § 552(a)(6)(E)(iii). Plaintiff sought relief ordering Defendants to grant Plaintiff’s requests for expedited processing and to process Plaintiff’s requests on an expedited basis by providing Plaintiff, as soon as practicable, with a determination and non-exempt portions of the requested records by producing those records within the time period required by the statute—by April 9, 2025—or else within seven days of the Court’s order. Plaintiff also sought attorneys’ fees and other costs.
The case was assigned to Judge Sparkle L. Sooknanan.
The following day, Plaintiff filed a motion for limited preliminary injunction. Plaintiff sought that the court issue an order requiring Defendants to process their FOIA requests as soon as practicable, and to produce, no later than April 9, 2025, a limited subset of the requested records: the RIF plans that Defendants had approved with rolling productions thereafter.
On April 2, Defendants filed a motion to dismiss. Defendants alleged that Plaintiff was not entitled to expedited process and Plaintiff failed to exhaust administrative remedies. Further, Defendant argued that the preliminary injunction should be denied because Plaintiff sought production of records that were not part of the initial FOIA request, and in the alternative, preliminary injunctions are improper in FOIA cases.
This case is ongoing.
Summary Authors
Madilynn O'Hara (4/5/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69776370/parties/democracy-forward-foundation-v-office-of-management-and-budget/
Flaxman, Carrie Y. (District of Columbia)
McGrath, Daniel Alexander (District of Columbia)
Robertson, L'Shauntee J. (District of Columbia)
Truong, John Cuong (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/69776370/democracy-forward-foundation-v-office-of-management-and-budget/
Last updated April 16, 2025, 12:30 p.m.
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
Trump Administration 2.0: Challenges to the Government (Appointments/Civil Service)
Key Dates
Filing Date: March 23, 2025
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Democracy Forward Foundation
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Office of Management and Budget, Federal
Office of Personnel Management, Federal
Defendant Type(s):
Case Details
Causes of Action:
FOIA (Freedom of Information Act), 5 U.S.C. § 552
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Presidential/Gubernatorial Authority: