Case: American Oversight v. Hegseth

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11566632) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons to USAO, # 3 Summons to USAG, # 4 Summons to Sec. Hegseth, # 5 Summons to Dir. Gabbard, # 6 Summons to Dir. Ratcliffe, # 7 Summons to Sec. Bessent, # 8 Summons to Sec. and Archivist Rubio, # 9 Summons to NARA)(Sparks, Benjamin) (Entered: 03/25/2025)

1 Civil Cover Sheet

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2 Summons to USAO

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3 Summons to USAG

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4 Summons to Sec. Hegseth

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5 Summons to Dir. Gabbard

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6 Summons to Dir. Ratcliffe

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7 Summons to Sec. Bessent

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8 Summons to Sec. and Archivist Rubio

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9 Summons to NARA

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LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Sparks, Benjamin) (Entered: 03/25/2025)

SUMMONS (8) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 03/26/2025)

1 Notice and Consent

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NOTICE of Appearance by Katherine Marie Anthony on behalf of AMERICAN OVERSIGHT (Anthony, Katherine) (Entered: 03/26/2025)

NOTICE of Appearance by Ronald A. Fein on behalf of All Plaintiffs (Fein, Ronald) (Entered: 03/26/2025)

MOTION for Temporary Restraining Order by AMERICAN OVERSIGHT. (Attachments: # 1 Memorandum in Support, # 2 Declaration, # 3 Exhibit A to Sparks Declaration, # 4 Text of Proposed Order)(Sparks, Benjamin) (Entered: 03/26/2025)

1 Memorandum in Support

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2 Declaration

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3 Exhibit A to Sparks Declaration

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4 Text of Proposed Order

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Case Assigned to Chief Judge James E. Boasberg. (znmw)

Case Assigned/Reassigned

NOTICE of Appearance by Amber Richer on behalf of All Defendants (Richer, Amber) (Entered: 03/27/2025)

Memorandum in opposition to re 6 Motion for TRO filed by PETE HEGSETH, TULSI GABBARD, JOHN L. RATCLIFFE, SCOTT BESSENT, MARCO A. RUBIO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Declaration, # 2 Declaration)(Richer, Amber) (Entered: 03/27/2025)

1 Declaration

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2 Declaration

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.Order AND ~Util - Set/Reset Deadlines/Hearings

MINUTE ORDER: The Court ORDERS that the parties shall appear for a hearing on Plaintiff's TRO today at 4:00 p.m. If Defendants wish to file a written Opposition, they shall do so by 1:00 p.m. today. The hearing shall take place in Courtroom 22A. Members of the public may attend in person or by telephone. Toll free number: 833-990-9400. Meeting ID: 049550816. Any use of the public-access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. So ORDERED by Chief Judge James E. Boasberg on March 27, 2025. (lcjeb3)

.Order AND ~Util - Set/Reset Deadlines

Motion Hearing AND ~Util - Set/Reset Deadlines

Motion Hearing

Order

Minute Entry for proceedings held before Chief Judge James E. Boasberg: Motion Hearing held on 3/27/2025 re 6 MOTION for Temporary Restraining Order filed by AMERICAN OVERSIGHT. Oral arguments heard. Order forthcoming. (Court Reporter Tammy Nestor) (znbn)

MINUTE ORDER: As agreed by the parties in today's TRO hearing, the Court ORDERS that: 1) Defendants shall promptly make best efforts to preserve all Signal communications from March 11-15, 2025; 2) By March 31, 2025, Defendants shall file a Status Report with declarations setting forth the steps that they have taken to implement such preservation; and 3) This Order shall expire on April 10, 2025, in the event that Defendants' measures are satisfactory to the Court. So ORDERED by Chief Judge James E. Boasberg on March 27, 2025. (lcjeb3)

NOTICE by PETER B. HEGSETH, TULSI GABBARD, JOHN L. RATCLIFFE, SCOTT BESSENT, MARCO A. RUBIO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION re Order,,, Set Deadlines,, (Richer, Amber) (Entered: 03/28/2025)

STATUS REPORT by PETER B. HEGSETH, TULSI GABBARD, JOHN L. RATCLIFFE, SCOTT BESSENT, MARCO A. RUBIO, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration)(Richer, Amber) (Entered: 03/31/2025)

1 Declaration

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2 Declaration

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3 Declaration

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4 Declaration

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LEAVE TO FILE DENIED- JASON GOODMAN - Motion. This document is unavailable as the Court denied its filing. Pro Se party has been notified by first class mail. "Leave to file DENIED." Signed by Chief Judge James E. Boasberg on 4/1/2025. (zjm) (Entered: 04/02/2025)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: The Court ORDERS that Plaintiff shall file any Response to Defendants' 10 Status Report by April 4, 2025. So ORDERED by Chief Judge James E. Boasberg on April 1, 2025. (lcjeb3)

Order

RESPONSE re 10 Status Report, filed by AMERICAN OVERSIGHT. (Sparks, Benjamin) (Entered: 04/04/2025)

MOTION to Alter Judgment as to 11 Leave to File Denied, by JASON GOODMAN. (zjm) (Entered: 04/09/2025)

MINUTE ORDER: Given the representations in Plaintiff's 12 Response, the Court ORDERS the parties to appear for a status hearing on April 10, 2025, at 10:30 a.m. The hearing shall take place in Courtroom 22A. Members of the public may attend in person or by telephone. Toll free number: 833-990-9400. Meeting ID: 049550816. Any use of the public-access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. So ORDERED by Chief Judge James E. Boasberg on April 7, 2025. (lcjeb3)

.Order AND ~Util - Set/Reset Hearings

Order

MOTION for Leave to File Amicus Brief by JASON GOODMAN. (Filed pursuant to Order filed on 04/09/2025) (Attachment: # 1 Amicus)(zjm) Modified on 4/15/2025 to add docket text (zjm). (Entered: 04/14/2025)

1 Amicus

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Order on Motion to Alter Judgment

MINUTE ORDER: The Court ORDERS that: 1) Proposed Amicus's 13 Motion to Alter Judgment is GRANTED; and 2) His 11 Motion Seeking Leave to File shall be DOCKETED. So ORDERED by Chief Judge James E. Boasberg on April 9, 2025. (lcjeb3)

MINUTE ORDER: As discussed in today's hearing, the Court ORDERS that: 1) By April 14, 2025, the Government shall provide supplemental declarations addressing the specific clarifications noted by the Court; and 2) Plaintiff shall file any response by April 16, 2025. So ORDERED by Chief Judge James E. Boasberg on April 10, 2025. (lcjeb3)

Order

Minute Entry for proceedings held before Chief Judge James E. Boasberg: Status Conference held on 4/10/2025. Supplement due by 4/14/2025. Responses due by 4/16/2025. See Minute Order filed on 4/10/2025 for further details. (Court Reporter Tammy Nestor) (znbn)

NOTICE of Filing of Supplemental Declarations by SCOTT BESSENT, TULSI GABBARD, PETER B. HEGSETH, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, JOHN L. RATCLIFFE, MARCO A. RUBIO re Order,, Set Deadlines, (Attachments: # 1 Declaration, # 2 Declaration, # 3 Declaration, # 4 Declaration)(Richer, Amber) (Entered: 04/14/2025)

1 Declaration

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2 Declaration

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3 Declaration

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4 Declaration

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RESPONSE re 15 Notice (Other), of Filing Supplemental Declarations filed by AMERICAN OVERSIGHT. (Sparks, Benjamin) (Entered: 04/16/2025)

MINUTE ORDER: The Court ORDERS that the Government shall file any response to Plaintiff's 16 Response by April 23, 2025. So ORDERED by Chief Judge James E. Boasberg on April 18, 2025. (lcjeb3)

Order

AMENDED COMPLAINT against All Defendants filed by AMERICAN OVERSIGHT.(Sparks, Benjamin) (Entered: 04/21/2025)

STRICKEN PURSUANT TO MINUTE ORDER FILED 4/22/2025..... MOTION for Preliminary Injunction by AMERICAN OVERSIGHT. (Attachments: # 1 Memorandum in Support of Motion for a Preliminary Injunction, # 2 Declaration of Benjamin A. Sparks (second), # 3 Text of Proposed Order)(Sparks, Benjamin) Modified on 4/23/2025 (znmw). (Entered: 04/22/2025)

1 Memorandum in Support of Motion for a Preliminary Injunction

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2 Declaration of Benjamin A. Sparks (second)

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3 Text of Proposed Order

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MOTION for Preliminary Injunction by AMERICAN OVERSIGHT. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Benjamin A. Sparks (Second), # 3 Text of Proposed Order)(Sparks, Benjamin) (Entered: 04/22/2025)

1 Memorandum in Support

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2 Declaration of Benjamin A. Sparks (Second)

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3 Text of Proposed Order

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Order on Motion for Preliminary Injunction

MINUTE ORDER: The Court ORDERS that Plaintiff's 18 PI Motion is STRICKEN as violating the Court's Local Rule on excessive footnotes. Plaintiff shall file a compliant brief with no more than 10 footnotes containing no more than 40 aggregate lines of text. So ORDERED by Chief Judge James E. Boasberg on April 22, 2025. (lcjeb3)

REPLY re 15 Notice (Other), Defendants' Reply to Plaintiff's Response to Defendants' Supplemental Declarations filed by SCOTT BESSENT, TULSI GABBARD, PETER B. HEGSETH, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, JOHN L. RATCLIFFE, MARCO A. RUBIO. (Richer, Amber) (Entered: 04/23/2025)

NOTICE of Appearance by Emma Lewis on behalf of AMERICAN OVERSIGHT (Lewis, Emma) (Entered: 04/24/2025)

MINUTE ORDER: The Court ORDERS that: (1) Defendants shall file their Opposition to Plaintiff's 19 Motion for a Preliminary Injunction by May 7, 2025; (2) Plaintiff shall file its Reply by May 14, 2025; and 3) The parties shall appear for a hearing on the Motion on May 16, 2025, at 2:00 p.m. The hearing shall take place in Courtroom 22A. Members of the public may attend in person or by telephone. Toll free number: 833-990-9400. Meeting ID: 049550816. Any use of the public-access telephone line requires adherence to the general prohibition against photographing, recording, livestreaming, and rebroadcasting of court proceedings (including those held by telephone or videoconference), as set out in Standing Order No. 24-31 (JEB). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or other sanctions deemed necessary by the Court. So ORDERED by Chief Judge James E. Boasberg on April 24, 2025. (lcjeb3)

Order

Memorandum in opposition to re 19 MOTION for Preliminary Injunction filed by SCOTT BESSENT, TULSI GABBARD, PETER B. HEGSETH, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, JOHN L. RATCLIFFE, MARCO A. RUBIO. (Attachments: # 1 Exhibit Exhibit 1: State Department Foreign Affairs Manual (FAM) 5 FAM 430, # 2 Exhibit Exhibit 2: Department of Defense Instruction No. 5015.02, # 3 Declaration Exhibit 3: Declaration of David P. Bennett, # 4 Declaration Exhibit 4: Declaration of Christopher Pilkerton, # 5 Declaration Exhibit 5: Declaration of Robert A. Newton, # 6 Declaration Exhibit 6: Declaration of Mary C. Williams, # 7 Declaration Exhibit 7: Declaration of Mallory D. Rogoff)(Richer, Amber) (Entered: 05/07/2025)

1 Exhibit Exhibit 1: State Department Foreign Affairs Manual (FAM) 5 FAM 430

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2 Exhibit Exhibit 2: Department of Defense Instruction No. 5015.02

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3 Declaration Exhibit 3: Declaration of David P. Bennett

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4 Declaration Exhibit 4: Declaration of Christopher Pilkerton

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5 Declaration Exhibit 5: Declaration of Robert A. Newton

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6 Declaration Exhibit 6: Declaration of Mary C. Williams

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7 Declaration Exhibit 7: Declaration of Mallory D. Rogoff

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REQUEST FOR LEAVE TO FILE REVIEW. The attached document requires leave to file: Motion to Declare Forfeiture of Judicial Authority. JASON GOODMAN. Reason(s): Filer is not a party to the case. (zjm) (Entered: 05/16/2025)

REPLY to opposition to motion re 19 Motion for Preliminary Injunction filed by AMERICAN OVERSIGHT. (Sparks, Benjamin) (Entered: 05/14/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SCOTT BESSENT served on 4/2/2025; TULSI GABBARD served on 4/4/2025; PETER B. HEGSETH served on 4/1/2025; NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 4/1/2025; JOHN L. RATCLIFFE served on 5/2/2025; MARCO A. RUBIO served on 4/24/2025, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/2/2025., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/26/2025. ( Answer due for ALL FEDERAL DEFENDANTS by 5/25/2025.) (Attachments: # 1 Declaration of M. Adhoob, # 2 Declaration of B. Sparks, # 3 Declaration of A. Brier)(Lewis, Emma) (Entered: 05/16/2025)

1 Declaration of M. Adhoob

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2 Declaration of B. Sparks

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3 Declaration of A. Brier

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Motion Hearing

Minute Entry for proceedings held before Chief Judge James E. Boasberg: Motion Hearing held on 5/16/2025 re 19 MOTION for Preliminary Injunction filed by AMERICAN OVERSIGHT. Oral argument heard. (Court Reporter Janice Dickman) (znbn)

MOTION for Order to Declare Forfeiture of Judicial Authority by JASON GOODMAN. (zjm) (Entered: 05/19/2025)

REQUEST FOR LEAVE TO FILE REVIEW. The attached document requires leave to file: Motion to Correct Clear Error of Fact and Law, and Remedy Unlawful Suppression of Constitutional Filing. JASON GOODMAN. Reason(s): Filer is not a party to the case. (zjm) (Entered: 05/20/2025)

Order on Leave to File Review

MINUTE ORDER re 25 Request for Leave to File Review. Leave to file is GRANTED. The Clerk is directed to file the attached document on the public docket. Signed by Chief Judge James E. Boasberg on May 19, 2025. (lcjeb3)

Unopposed MOTION for Extension of Time to File Answer re 17 Amended Complaint Defendants' Unopposed Motion for a Thirty-Day Extension of Time to Respond to the Amended Complaint by SCOTT BESSENT, TULSI GABBARD, PETER B. HEGSETH, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, JOHN L. RATCLIFFE, MARCO RUBIO. (Attachments: # 1 Text of Proposed Order)(Richer, Amber) (Entered: 05/20/2025)

1 Text of Proposed Order

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AMICUS BRIEF by JASON GOODMAN. (zjm) (Entered: 05/20/2025)

MOTION to Compel Forfeiture and for Correction of Docket Record by JASON GOODMAN. (zjm) (Entered: 05/23/2025)

MOTION to Amend/Correct Order on Motion for Order, Order on Motion for Leave to File Amicus Brief by JASON GOODMAN. (zjm) (Entered: 05/23/2025)

Order on Motion for Order

Order on Motion for Extension of Time to Answer

MINUTE ORDER: The Court ORDERS that: 1) The Consent 27 Motion for Extension of Time is GRANTED; and 2) Defendants shall file their Answer or otherwise respond to Plaintiff's Amended Complaint by June 27, 2025. So ORDERED by Chief Judge James E. Boasberg on May 20, 2025. (lcjeb3)

MINUTE ORDER: The Court ORDERS that: 1) Amicus's 14 Motion is GRANTED, and the [14-1] Brief is deemed FILED; and 2) His 26 Motion for Order is DENIED. So ORDERED by Chief Judge James E. Boasberg on May 20, 2025. (lcjeb3)

TRANSCRIPT OF PROCEEDINGS before Chief Judge James E. Boasberg held on 5/16/2025. Page Numbers: 1-29. Date of Issuance: May 23, 2025. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/13/2025. Redacted Transcript Deadline set for 6/23/2025. Release of Transcript Restriction set for 8/21/2025.(Dickman, Janice) Modified to add date of hearing on 5/27/2025 (znmw). (Entered: 05/23/2025)

Order on Motion to Amend/Correct AND Order on Motion to Compel

MINUTE ORDER: The Court ORDERS that Amicus's 31, 32 Motions are DENIED. So ORDERED by Chief Judge Boasberg on May 27, 2025. (lcjeb3)

Order on Motion to Compel

MOTION to Vacate 5/27/2025 Minute Order denying Motion to Compel, Minute Order denying Motion to Amend/Correct by JASON GOODMAN. (Attachments: # 1 Certificate of Service)(znmw) (Entered: 06/02/2025)

1 Certificate of Service

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Unopposed MOTION for Extension of Time to Respond to Amended Complaint by SCOTT BESSENT, TULSI GABBARD, PETER B. HEGSETH, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, JOHN L. RATCLIFFE, MARCO RUBIO. (Attachments: # 1 Text of Proposed Order)(Richer, Amber) (Entered: 06/18/2025)

Order on Motion for Extension of Time to AND Set/Reset Deadlines

MINUTE ORDER: The Court ORDERS that: 1) The Consent 34 Motion for Extension of Time is GRANTED; and 2) Defendants shall file their Answer or otherwise respond to Plaintiff's Amended Complaint by July 3, 2025. So ORDERED by Chief Judge James E. Boasberg on June 18, 2025. (lcjeb3)

ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Plaintiff's 19 Motion for a Preliminary Injunction is GRANTED IN PART and DENIED IN PART; 2) Agency-head Defendants shall promptly notify Acting Archivist Rubio of any Signal chats of which they are aware that contain federal records at risk of impending deletion, see 44 U.S.C. § 3106(a); 3) Rubio shall promptly request the Attorney General to initiate an action for... recovery or other redress to preserve any at-risk federal records in such chats and notify the Congress when such a request has been made, id. § 3106(b); and 4) The Government shall file a status report by June 27, 2025, indicating the steps it has taken to comply with this Order. SIGNED by Chief Judge James E. Boasberg on June 20, 2025. (lcjeb3) (Entered: 06/20/2025)

MEMORANDUM OPINION re 35 Order on Motion for a Preliminary Injunction. SIGNED by Chief Judge James E. Boasberg on June 20, 2025. (lcjeb3) (Entered: 06/20/2025)

NOTICE of Security Payment by AMERICAN OVERSIGHT (Attachments: # 1 Exhibit A)(Sparks, Benjamin) (Entered: 06/26/2025)

Order on Motion to Vacate

Order on Motion for TRO

MINUTE ORDER: Given the Court's ruling on Plaintiff's Motion for Preliminary Injunction, it ORDERS that Plaintiff's 6 TRO Motion is DENIED as moot. So ORDERED by Chief Judge James E. Boasberg on June 26, 2025. (lcjeb3)

MINUTE ORDER: The Court ORDERS that Amicus's Motion to Vacate is DENIED. So ORDERED by Chief Judge James E. Boasberg on June 26, 2025. (lcjeb3)

DEPOSIT of Funds for Bond in the amount of $ 1.00, Receipt Number 209846, pursuant to 36 MEMORANDUM OPINION. (zjm)

STATUS REPORT by SCOTT BESSENT, TULSI GABBARD, PETER B. HEGSETH, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, JOHN L. RATCLIFFE, MARCO RUBIO. (Gonzalez, Heidy) (Entered: 06/27/2025)

Deposit of

DEPOSIT of Funds for Bond in the amount of $ 1.00, Receipt Number 209846, pursuant to 36 MEMORANDUM OPINION. (zjm)

MOTION to Dismiss by SCOTT BESSENT, TULSI GABBARD, PETER B. HEGSETH, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, JOHN L. RATCLIFFE, MARCO RUBIO. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Richer, Amber) (Entered: 07/03/2025)

Joint MOTION for Extension of Time to File Response/Reply as to 39 MOTION to Dismiss by AMERICAN OVERSIGHT. (Lewis, Emma) (Entered: 07/08/2025)

MINUTE ORDER: The Court ORDERS that: 1) The Joint 40 Motion for Extension of Time is GRANTED; 2) Plaintiff shall file its Opposition to Defendants' Motion to Dismiss by July 31, 2025; and 3) Defendants shall file their Reply by August 14, 2025. So ORDERED by Chief Judge James E. Boasberg on July 8, 2025. (lcjeb3)

RESPONSE re 39 MOTION to Dismiss filed by AMERICAN OVERSIGHT. (Sparks, Benjamin) (Entered: 07/31/2025)

REPLY to opposition to motion re 39 Motion to Dismiss filed by SCOTT BESSENT, TULSI GABBARD, PETER B. HEGSETH, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, JOHN L. RATCLIFFE, MARCO A. RUBIO. (Richer, Amber) (Entered: 08/14/2025)