Case: Citizens for Responsibility and Ethics in Washington v. Office of Management and Budget

1:25-cv-01051 | U.S. District Court for the District of District of Columbia

Filed Date: April 8, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case concerns the removal of public data on Congressionally appropriated funds by the federal government.  Filed on April 8, 2025, in the U.S. District Court for the District of Columbia, this lawsuit challenged the actions of the Office of Management and Budget (OMB) under the Consolidated Appropriations Acts of 2022 and 2023. Plaintiffs, Citizens for Responsibility and Ethics in Washington (CREW), alleged that OMB unlawfully removed the Public Apportionments Database, which contained inf…

This case concerns the removal of public data on Congressionally appropriated funds by the federal government. 

Filed on April 8, 2025, in the U.S. District Court for the District of Columbia, this lawsuit challenged the actions of the Office of Management and Budget (OMB) under the Consolidated Appropriations Acts of 2022 and 2023. Plaintiffs, Citizens for Responsibility and Ethics in Washington (CREW), alleged that OMB unlawfully removed the Public Apportionments Database, which contained information about Congressionally appropriated funds. The database was publicly accessible and provided critical data, including documents, footnotes, and written explanations detailing how OMB had allocated federal funds. The case was assigned to Judge Emmet G. Sullivan.

According to Plaintiffs, OMB's removal of this database on or about March 24, 2025, violated the 2023 Consolidated Appropriations Act’s mandate for OMB to operate and maintain such a system. Plaintiffs relied on this public data to monitor government spending, especially for identifying potential misuse or withholding of funds, and its removal severely limited Plaintiffs' ability to perform their oversight duties. Plaintiffs furthermore argued that OMB violated the Paperwork Reduction Act (PRA) because OMB's decision was made without prior notice or explanation, in a manner inconsistent with prior policies.

Plaintiffs made two claims: (1) that OMB’s violation of the 2023 Act was arbitrary and capricious under the Administrative Procedure Act (APA), and (2) that OMB’s violation of the PRA was not in accordance with the law, as required by the APA. Plaintiffs sought declaratory and injunctive relief.

On April 18, Plaintiffs filed a motion for preliminary injunction (PI) and partial summary judgment. Plaintiffs requested a PI requiring Defendants to restore the Public Apportionments Database and apportionments information, as well as permanently enjoin Defendants from removing that information, as required by the 2023 Act.

On May 9, this case was heard alongside Protect Democracy Project v. U.S. Office of Management and Budget, brought by another nonprofit organization on the same facts. Plaintiffs requested that the court forego a PI analysis and rule on its motion for partial Summary Judgment.

On July 21, the Court granted in part Plaintiffs' motion for partial summary judgment. The Court granted Plaintiffs’ first claim that Defendants' removal of the Public Apportionments Database violated the 2023 Act and the dissemination requirements of the PRA, but denied Plaintiffs' second claim concerning the PRA's notice requirements. In his memorandum opinion, Judge Sullivan emphasized that Congress is required to make final apportionment decisions available to the public, but it possesses broad authority to mandate how much of the process of the Executive Branches' apportionment of funds appropriated by Congress occurs.

On July 22, Defendants filed a motion to stay the District Court's order pending appeal. The following day, they appealed the order to the U.S. Court of Appeals for the D.C. Circuit. The District Court denied Defendants' motion to stay the order, finding that Defendants' removal of the Public Apportionments Database constituted a clear violation of federal law. 

Also on July 23, Defendants then moved to stay the order of the lower court in the U.S. Court of Appeals for the D.C. Circuit, and the administrative stay was granted. The D.C. Circuit Court consolidated the appeals of Protect Democracy Project v. U.S. Office of Management and Budget. 

On July 25, an amicus brief was filed by 19 states in support of Plaintiff/Appellees, arguing that OMB’s lack of action in response to the Trump administration's withholding of apportioned funds, and OMB's failure to provide information caused serious legal harm to the public. 

On July 28, Judge Sullivan issued a final judgment in favor the plaintiffs in the District Court.

The D.C. Circuit denied Defendants' motion for a stay on the District Court order pending appeal on August 9, pointing to Congress’s constitutionally superior power over the Executive on matters of appropriation. 

On September 19, Plaintiffs filed a motion in the District Court to enforce the court’s July 21 order requiring Defendants to post the appropriations information.

Defendants/Appellants have yet to file their opening brief in the D.C. Circuit.

The case is ongoing.

Summary Authors

Juliet Alpert (4/10/2025)

Emma Vayda (8/4/2025)

Ayah Elsheikh (10/13/2025)

Related Cases

Protect Democracy Project v. U.S. Office of Management and Budget, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69858087/parties/citizens-for-responsibility-and-ethics-in-washington-v-office-of/


Judge(s)
Attorney for Plaintiff

Desta, Yoseph T. (District of Columbia)

Attorney for Defendant

Banerjee, Carmen M. (District of Columbia)

Expert/Monitor/Master/Other

Brown, Nicholas W.

Campbell, Andrea Joy

Clark, Charity R.

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-01051

Complaint for Declaratory and Injunctive Relief

April 8, 2025

April 8, 2025

Complaint
9-1

1:25-cv-01051

Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction and Partial Summary Judgment

April 18, 2025

April 18, 2025

Pleading / Motion / Brief
9

1:25-cv-01051

Plaintiff’s Motion for a Preliminary Injunction and Partial Summary Judgment

April 18, 2025

April 18, 2025

Pleading / Motion / Brief
9-1

1:25-cv-01051

Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction and Partial Summary Judgment

April 18, 2025

April 18, 2025

Pleading / Motion / Brief
33

1:25-cv-01051

Memorandum Opinion

July 21, 2025

July 21, 2025

Order/Opinion

2025 WL 2025114

1208760119

25-05266

Emergency Motion for Immediate Administrative Stay and for Stay Pending Appeal

U.S. Court of Appeals for the District of Columbia Circuit

July 23, 2025

July 23, 2025

Pleading / Motion / Brief
1208760119

25-05266

Emergency Motion for Immediate Administrative Stay and for Stay Pending Appeal

U.S. Court of Appeals for the District of Columbia Circuit

July 23, 2025

July 23, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69858087/citizens-for-responsibility-and-ethics-in-washington-v-office-of/

Last updated Nov. 2, 2025, 3:38 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11597329) filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Civil Cover Sheet, # 2 Summons AG, # 3 Summons OMB, # 4 Summons USAO, # 5 Summons Vought)(Liu, Wendy) (Entered: 04/08/2025)

1 Civil Cover Sheet

View on PACER

2 Summons AG

View on PACER

3 Summons OMB

View on PACER

4 Summons USAO

View on PACER

5 Summons Vought

View on PACER

April 8, 2025

April 8, 2025

Clearinghouse
2

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Liu, Wendy) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

PACER
3

NOTICE of Appearance by Nikhel Sus on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Sus, Nikhel) (Main Document 3 replaced on 4/8/2025) (znmw). (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

PACER
4

SUMMONS (4) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/08/2025)

April 8, 2025

April 8, 2025

PACER

Case Assigned/Reassigned

April 8, 2025

April 8, 2025

Case Assigned to Judge Emmet G. Sullivan. (znmw)

April 8, 2025

April 8, 2025

5

STANDING ORDER: The parties are directed to read the attached Standing Order Governing Civil Cases Before Judge Emmet G. Sullivan in its entirety upon receipt. The parties are hereby ORDERED to comply with the directives in the attached Standing Order. Signed by Judge Emmet G. Sullivan on 04/15/25. (Attachment: # 1 Exhibit 1) (mac) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER
6

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Yoseph T. Desta, Filing fee $ 100, receipt number ADCDC-11617062. Fee Status: Fee Paid. by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Declaration, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Sus, Nikhel) (Entered: 04/15/2025)

April 15, 2025

April 15, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 15, 2025

April 15, 2025

MINUTE ORDER granting 6 Motion for Leave to Appear Pro Hac Vice Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Emmet G. Sullivan on 4/15/2025. (lcegs1)

April 15, 2025

April 15, 2025

7

NOTICE of Appearance by Yoseph T. Desta on behalf of All Plaintiffs (Desta, Yoseph) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
8

NOTICE of Appearance by Carmen M. Banerjee on behalf of All Defendants (Banerjee, Carmen) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
9

MOTION for Preliminary Injunction and Partial Summary Judgment by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts as to Which There is No Genuine Issue, # 3 Declaration of Christina L. Wentworth, # 4 Declaration of Samuel Bagenstos, # 5 Declaration of Joseph Carlile, # 6 Declaration of Kenneth Schwartz, # 7 Text of Proposed Order, # 8 Certificate of Service)(Liu, Wendy) (Entered: 04/18/2025)

1 Memorandum in Support

View on Clearinghouse

2 Statement of Facts as to Which There is No Genuine Issue

View on RECAP

3 Declaration of Christina L. Wentworth

View on RECAP

4 Declaration of Samuel Bagenstos

View on RECAP

5 Declaration of Joseph Carlile

View on RECAP

6 Declaration of Kenneth Schwartz

View on RECAP

7 Text of Proposed Order

View on RECAP

8 Certificate of Service

View on RECAP

April 18, 2025

April 18, 2025

Clearinghouse
10

RESPONSE TO ORDER TO SHOW CAUSE re 4/21/2025 MINUTE ORDER filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Liu, Wendy) Modified on 4/23/2025 to add link (mg). (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

PACER
11

RESPONSE TO ORDER TO SHOW CAUSE filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Liu, Wendy) (Entered: 04/21/2025)

April 21, 2025

April 21, 2025

RECAP

MINUTE ORDER. Plaintiff is ORDERED TO SHOW CAUSE, by no later than 5:00 pm on April 21, 2025 why Protect Democracy Project, 25-1111 should not be consolidated with this case. Defendant shall respond to the OTSC by no later than 5:00 pm on April 22, 2025, and Plaintiff shall reply by no later than 5:00 pm on April 23, 2025. Signed by Judge Emmet G. Sullivan on 4/21/2025. (lcegs1)

April 21, 2025

April 21, 2025

.Order

April 21, 2025

April 21, 2025

Set/Reset Deadlines/Hearings

April 21, 2025

April 21, 2025

Set/Reset Deadlines/Hearings: Plaintiff's Show Cause due by 4/21/2025. Defendant's Response to Show Cause due by 4/22/2025. Plaintiff's Reply to Show Cause due by 4/23/2025. Defendant's Response due by 4/30/2025. Plaintiff's Reply due by 5/5/2025. Motion Hearing set for 5/9/2025 at 1:00 PM in Courtroom 24A- In Person before Judge Emmet G. Sullivan. (zalh)

April 21, 2025

April 21, 2025

MINUTE ORDER. In view of 9 Motion for Preliminary Injunction and Partial Summary Judgment, the following deadlines shall govern this matter: (1) Defendant shall file its response by no later than April 30, 2025; (2) Plaintiff shall file its reply by no later than 9:00 am on May 5, 2025; and (3) a Hearing shall take place at 1:00 pm on May 9, 2025 in Courtroom 24A. Signed by Judge Emmet G. Sullivan on 04/21/25. (mac)

April 21, 2025

April 21, 2025

11

RESPONSE TO ORDER TO SHOW CAUSE re 4/21/2025 MINUTE ORDER filed by OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. (Banerjee, Carmen) Modified event and added link on 4/23/2025 (mg). (Entered: 04/22/2025)

April 22, 2025

April 22, 2025

PACER
12

Response to (non-motion) Document

April 22, 2025

April 22, 2025

PACER
12

REPLY re 11 to Defendants' Response to Order to Show Cause filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Liu, Wendy) Modified on 4/24/2025 to add link (mg). (Entered: 04/23/2025)

April 23, 2025

April 23, 2025

PACER
13

Reply to (non-motion) Document

April 23, 2025

April 23, 2025

PACER

.Order

April 23, 2025

April 23, 2025

.Order

April 24, 2025

April 24, 2025

MINUTE ORDER. In view of 10, 11 and 12 responses to order to show cause, as well as the responses from parties in Protect Democracy Project v. OMB, 25-cv-1111, the Court will not consolidate the cases as related pursuant to Federal Rule of Civil Procedure 42(a) at this time. It is ORDERED that the parties shall coordinate schedules to the extent possible subsequent to the Courts ruling on currently pending motions. Signed by Judge Emmet G. Sullivan on 4/24/2025. (lcegs1)

April 24, 2025

April 24, 2025

13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/8/2025. Answer due for ALL FEDERAL DEFENDANTS by 6/7/2025. (Liu, Wendy) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/16/2025. (Liu, Wendy) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 4/23/2025 (Liu, Wendy) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RUSSELL T. VOUGHT served on 4/23/2025 (Liu, Wendy) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
17

NOTICE of Appearance by Heidy L Gonzalez on behalf of All Defendants (Gonzalez, Heidy) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER
18

RESPONSE re 9 MOTION for Preliminary Injunction and Partial Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. (Attachments: # 1 Exhibit Declaration of Kelly Kinneen, # 2 Exhibit Defendants' Counter-Statement of Material Facts, # 3 Text of Proposed Order)(Gonzalez, Heidy) (Entered: 04/30/2025)

1 Exhibit Declaration of Kelly Kinneen

View on RECAP

2 Exhibit Defendants' Counter-Statement of Material Facts

View on RECAP

3 Text of Proposed Order

View on RECAP

April 30, 2025

April 30, 2025

RECAP
19

NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

PACER
20

NOTICE of Appearance by Adina H. Rosenbaum on behalf of CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON (Rosenbaum, Adina) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

PACER

MINUTE ORDER directing Defendant to file a Sur-Reply addressing any issues raised for the first time in Plaintiff's forthcoming Reply briefing by no later than 9:00 am on May 6, 2025. There will be no further briefings. Signed by Judge Emmet G. Sullivan on 5/1/2025. (lcegs1)

May 1, 2025

May 1, 2025

.Order

May 1, 2025

May 1, 2025

Set/Reset Deadlines

May 2, 2025

May 2, 2025

Set/Reset Deadlines: Plaintiff Sur-Reply due no later than 9:00AM on 5/6/2025. (mac)

May 2, 2025

May 2, 2025

21

REPLY to opposition to motion re 9 Motion for Preliminary Injunction,,, Motion for Partial Summary Judgment,, filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Liu, Wendy) (Entered: 05/04/2025)

May 4, 2025

May 4, 2025

RECAP
22

SURREPLY to Plaintiff's Motion for Preliminary Injunction and Partial Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. (Gonzalez, Heidy) (Entered: 05/05/2025)

May 5, 2025

May 5, 2025

RECAP

NOTICE: Members of the public or media who wish to listen to live audio of the hearing scheduled for May 9, 2025 at 1:00PM ET, without physically attending the proceeding, may do so by dialing the Toll Free Number: 833-990-9400, Meeting ID: 712190216. 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. (mac)

May 6, 2025

May 6, 2025

Notice of Hearing

May 6, 2025

May 6, 2025

23

NOTICE of Appearance by Michael Kenneth Velchik on behalf of All Defendants (Velchik, Michael) (Entered: 05/08/2025)

May 8, 2025

May 8, 2025

PACER

Motion Hearing

May 9, 2025

May 9, 2025

Minute Entry for proceedings held before Judge Emmet G. Sullivan: Motion Hearing held on 5/9/2025 re 9 Motion for Preliminary Injunction and Partial Summary Judgment and Motion for Partial Summary Judgment filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. The Court Had Colloquy With The Parties And Heard Oral Arguments. (Court Reporter SONJA REEVES.) (mac)

May 9, 2025

May 9, 2025

24

TRANSCRIPT OF MOTION HEARING before Judge Emmet G. Sullivan held on May 9, 2025; Page Numbers: 1-148. Date of Issuance: May 13, 2025. Court Reporter/Transcriber Sonja L. Reeves, RDR, CRR, Telephone number (202) 354-3246, 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 6/3/2025. Redacted Transcript Deadline set for 6/13/2025. Release of Transcript Restriction set for 8/11/2025.(Reeves, Sonja) (Entered: 05/13/2025)

May 13, 2025

May 13, 2025

PACER
25

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Attachments: # 1 Text of Proposed Order)(Banerjee, Carmen) (Entered: 05/30/2025)

1 Text of Proposed Order

View on PACER

May 30, 2025

May 30, 2025

PACER

Set/Reset Deadlines

June 2, 2025

June 2, 2025

Order on Motion for Extension of Time to Answer

June 2, 2025

June 2, 2025

.Order

June 2, 2025

June 2, 2025

MINUTE ORDER granting 25 Defendants' Unopposed Motion to Extend Deadline to Respond to the Complaint. Defendants shall file their responsive pleading and any identified administrative record by no later than July 9, 2025. Signed by Judge Emmet G. Sullivan on 6/2/2025. (lcegs3)

June 2, 2025

June 2, 2025

Set/Reset Deadlines: Defendants Responsive Pleading And Any Identified Administrative Record due by 7/9/2025. (mac)

June 2, 2025

June 2, 2025

MINUTE ORDER. In view of Plaintiff's request at the oral argument on May 9, 2025 that the Court forego a preliminary injunction analysis and rule on its motion for partial summary judgment, Plaintiff is directed to file, by no later than 5:00 pm on June 4, 2025, supplemental briefing with a revised proposed order. Assuming the Court agrees to consolidate Plaintiff's motion for a preliminary injunction and motion for partial summary judgment pursuant to Federal Rule of Civil Procedure 65(a)(2), Plaintiff's supplemental briefing shall address: (1) why Plaintiff is entitled to the types of relief sought; (2) if plaintiff seeks permanent injunctive relief, whether the court must perform the balancing test for permanent injunctive relief prior to granting a permanent injunction as part of the final judgment on the merits; and (3) if the Court grants partial summary judgment to Plaintiff, how the Court should proceed on entering a final, appealable judgment given that at this time, Plaintiff has remaining claims before the Court. Defendants shall file their response by no later than 5:00 pm on June 6, 2025; and Plaintiff shall file its reply by no later than 9:00 am on June 9, 2025. Signed by Judge Emmet G. Sullivan on 6/2/2025. (lcegs2)

June 2, 2025

June 2, 2025

26

Joint MOTION for Extension of Time to File Supplemental Briefing by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Rosenbaum, Adina) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

PACER

Set/Reset Deadlines

June 3, 2025

June 3, 2025

Set/Reset Deadlines: Plaintiff Supplemental Briefing With A Revised Proposed Order due no later than 5:00PM on 6/4/2025. Defendants Response due no later than 5:00PM on 6/6/2025. Plaintiffs Reply due no later than 9:00AM on 6/9/2025. (mac)

June 3, 2025

June 3, 2025

27

NOTICE of Proposed Order by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON re 26 Joint MOTION for Extension of Time to File Supplemental Briefing (Attachments: # 1 Text of Proposed Order)(Rosenbaum, Adina) (Entered: 06/04/2025)

June 4, 2025

June 4, 2025

PACER

Order on Motion for Extension of Time to File

June 4, 2025

June 4, 2025

MINUTE ORDER granting in part 26 joint motion for extension of time. The following deadlines shall govern the supplemental briefing in this case: (1) Plaintiff's supplemental brief shall be filed by no later than 12:00 pm on June 9, 2025; (2) Defendants' response shall be filed by no later than 12:00 pm on June 16, 2025; and (3) Plaintiff's reply shall be filed by no later than 12:00 pm on June 18, 2025. Signed by Judge Emmet G. Sullivan on 6/4/2025. (lcegs2)

June 4, 2025

June 4, 2025

Set/Reset Deadlines

June 5, 2025

June 5, 2025

Set/Reset Deadlines: Plaintiff's Supplemental Brief due no later than 12:00 pm on 6/9/2025. Defendants' Response due no later than 12:00 pm on 6/16/2025. Plaintiff's Reply due no later than 12:00 pm on 6/18/2025. (mac)

June 5, 2025

June 5, 2025

28

SUPPLEMENTAL MEMORANDUM to Respond to June 2, 2025 Minute Order filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Rosenbaum, Adina) (Entered: 06/09/2025)

1 Text of Proposed Order

View on RECAP

June 9, 2025

June 9, 2025

RECAP
29

RESPONSE to Plaintiff's Supplemental Memorandum filed by OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Gonzalez, Heidy) (Entered: 06/16/2025)

June 16, 2025

June 16, 2025

RECAP
30

REPLY to Defendants' Response to Plaintiff's Supplemental Brief filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Rosenbaum, Adina) (Entered: 06/18/2025)

June 18, 2025

June 18, 2025

RECAP
31

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Attachments: # 1 Text of Proposed Order)(Gonzalez, Heidy) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

PACER

Order on Motion for Extension of Time to Answer

July 3, 2025

July 3, 2025

MINUTE ORDER granting 31 unopposed motion to extend the deadline to respond to the complaint. Defendants shall respond to Plaintiff's complaint within 21 days from the Court's order on Plaintiff's Motion for a Preliminary Injunction and Partial Summary Judgment, ECF No. 9. Signed by Judge Emmet G. Sullivan on 7/3/2025. (lcegs1)

July 3, 2025

July 3, 2025

32

ORDER denying 9 Motion for Preliminary Injunction; granting in part and denying in part 9 Motion for Partial Summary Judgment. Signed by Judge Emmet G. Sullivan on 7/21/2025. (lcegs2) (Entered: 07/21/2025)

July 21, 2025

July 21, 2025

PACER
33

MEMORANDUM OPINION. Signed by Judge Emmet G. Sullivan on 7/21/2025. (lcegs2)

July 21, 2025

July 21, 2025

Clearinghouse
34

NOTICE OF APPEAL TO DC CIRCUIT COURT as to 33 Memorandum & Opinion, 32 Order on Motion for Preliminary Injunction, Order on Motion for Partial Summary Judgment by RUSSELL VOUGHT, OFFICE OF MANAGEMENT AND BUDGET. Fee Status: No Fee Paid. Parties have been notified. (Gonzalez, Heidy) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

PACER
35

MOTION to Stay Pending Appeal by OFFICE OF MANAGEMENT AND BUDGET, RUSSELL VOUGHT. (Attachments: # 1 Text of Proposed Order)(Gonzalez, Heidy) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

PACER
36

Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 34 Notice of Appeal to DC Circuit Court. (znmw) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER
37

Memorandum in opposition to re 35 MOTION to Stay Pending Appeal filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Rosenbaum, Adina) (Entered: 07/23/2025)

July 23, 2025

July 23, 2025

PACER

USCA Case Number

July 23, 2025

July 23, 2025

Order on Motion to Stay

July 23, 2025

July 23, 2025

USCA Case Number 25-5266 for 34 Notice of Appeal to DC Circuit Court, filed by RUSSELL VOUGHT, OFFICE OF MANAGEMENT AND BUDGET. (mg)

July 23, 2025

July 23, 2025

MINUTE ORDER. Upon consideration of Defendants' 35 Motion for a Stay Pending Appeal and Plaintiff's 37 response thereto, the motion is DENIED. For all of the reasons articulated in the Court's July 21, 2025 Opinion, Defendants' conduct in removing the Public Apportionments Database unequivocally violates federal law. See Mem. Op., ECF No. 33. The Court's Opinion addressed each of the Defendants' arguments reiterated in the Motion to Stay, concluding that the public disclosure requirement of the 2022 and 2023 Acts does not infringe upon Executive power nor does it "impede the Presidents constitutional authority over the implementation of appropriations[.]" Defs.' Mot., ECF No. 35 at 4. The Court further denies Defendants' requests to extend the administrative stay or stay the statutory time requirement of publishing apportionment decisions within two days of their approval. As to the first, CREW states that Defendants have already requested such relief from the Court of Appeals. As to the second, this is the first time Defendants have made the request-despite multiple rounds of briefing-and provide no points and authorities in support of it. The Court will not be complicit in further delaying Plaintiff and the public of information they are entitled to know as a matter of federal law!! Signed by Judge Emmet G. Sullivan on 7/23/2025. (lcegs2)

July 23, 2025

July 23, 2025

38

FINAL JUDGMENT in favor of Plaintiff against Defendants. Signed by Judge Emmet G. Sullivan on 07/25/25. (mac) (Entered: 07/28/2025)

July 25, 2025

July 25, 2025

RECAP

Judgment - Clerk

July 28, 2025

July 28, 2025

CLERK'S JUDGMENT in favor of Plaintiff against Defendants. Signed by Judge Emmet G. Sullivan on 07/28/25. (mac)

July 28, 2025

July 28, 2025

39

MOTION to Enforce Court's July 21, 2025, Order by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Rosenbaum, Adina) (Entered: 09/19/2025)

1

View on RECAP

Sept. 19, 2025

Sept. 19, 2025

RECAP
40

NOTICE OF WITHDRAWAL OF APPEARANCE as to OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. Attorney Carmen M. Banerjee terminated. (Banerjee, Carmen) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

PACER
41

MOTION to Lift Stay and for a Briefing Schedule by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Attachments: # 1 Text of Proposed Order)(Rosenbaum, Adina) (Entered: 10/14/2025)

1 Text of Proposed Order

View on PACER

Oct. 14, 2025

Oct. 14, 2025

PACER
42

RESPONSE re 41 MOTION to Lift Stay and for a Briefing Schedule filed by OFFICE OF MANAGEMENT AND BUDGET, RUSSELL T. VOUGHT. (Gonzalez, Heidy) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

RECAP
43

REPLY to opposition to motion re 41 Motion to Lift Stay and for a Briefing Schedule filed by CITIZENS FOR RESPONSIBILITY AND ETHICS IN WASHINGTON. (Rosenbaum, Adina) (Entered: 10/14/2025)

Oct. 14, 2025

Oct. 14, 2025

PACER

Order on Motion to Lift Stay

Oct. 15, 2025

Oct. 15, 2025

MINUTE ORDER granting 41 Motion for Relief from the District Court's October 1 Standing Order ("Mot. For Relief"). On September 19, 2025, Plaintiff filed a Motion to Enforce the Court's July 21, 2025 Injunction. See Motion to Enforce, ECF No. 41. Pursuant to the local rules of the court, defendant's brief in opposition was due on October 3, 2025, but was not filed. See generally Docket for Civil Action No. 25-1051. On October 14, 2025, Plaintiff filed the instant motion seeking relief from the Standing Order extending deadlines and staying matters in civil cases involving the federal government, subject to certain exceptions, due to the current government shutdown. See In re: Stay of Civil Proceedings Involving the United States in Light of Lapse of Appropriations, Standing Order No. 25-55 (Oct. 1, 2025) (Boasberg, C.J.). The Standing Order applies to Plaintiff's Motion to Enforce since Plaintiff's motion is neither a motion for temporary restraining order nor preliminary injunction. See id. at 2. The government contends that the only exceptions to the general prohibition on the ability of Executive Branch employees to work during a lapse in appropriations are "emergencies involving the safety of human life or the protection of property." Opp'n, ECF No. 42 at 1 (quoting 31 U.S.C. § 1342). However, Plaintiff points out that the Department of Justice's own Contingency Plan provides that there are five categories of work that Executive Branch employees may perform during a lapse in appropriations. Reply, ECF No. 45 at 2 (citing U.S. Department of Justice FY 2026 Contingency Plan ("DOJ Contingency Plan") at 1 (Sept. 29, 2025), https://www.justice.gov/jmd/media/1377216/dl; see also OMB, Frequently Asked Questions During a Lapse in Appropriations at 14 (Oct. 3, 2025), https://www.whitehouse.gov/wpcontent/ uploads/2025/09/Frequently-Asked-Questions-During-a-Lapse-in-Appropriations.pdf.). Relevant here, Executive Branch employees may perform activities "for which there is an express authority to continue during an appropriations lapse." DOJ Contingency Plan at 1. The Contingency Plan explains that "[i]f a court... orders a case to continue, the Government will comply with the court's order, which would constitute express legal authorization for the activity to continue." Id. at 3. Accordingly, the Court lifts the stay imposed by the Standing Order and orders briefing on the Motion to Enforce the Court's July 21, 2025 Injunction. See, e.g., United States v. Google LLC, No. 1:20-cv-3010, Oct. 2, 2025 Minute Order (D.D.C.); Rhode Island Coal. Against Domestic Violence v. Kennedy, No. 1:25-cv-0342, Oct. 1, 2025 Text Order (D.R.I.); Camp Lejeune Water Litigation v. United States, No. 7:23-cv- 0897, 2025 WL 2827029, ECF No. 644 (E.D.N.C. Oct. 6, 2025); United States v. Live Nation Entertainment, Inc., No. 1:24-cv-03973, ECF No. 652 (S.D.N.Y. Oct. 1, 2025); Am. Fed'n of Gov't Emps. v. Trump, No. 3:25-cv-3698, ECF No. 276 (N.D. Ca. Oct. 3, 2025); Planned Parenthood Fed'n of Am., Inc. v. Kennedy, Nos. 25-1698, 25-1755, Doc. 00118347754 (1st Cir. Oct. 2, 2025); Natl TPS Alliance v. Noem, No. 25-5724, Doc. 29.1 (9th Cir. Oct. 2, 2025). The government shall file its Opposition brief to Plaintiff's Motion to Enforce by no later than October 20, 2025; and Plaintiff shall file its Reply brief by no later than October 27, 2025. Signed by Judge Emmet G. Sullivan on 10/15/2025. (lcegs1)

Oct. 15, 2025

Oct. 15, 2025

Set/Reset Deadlines

Oct. 15, 2025

Oct. 15, 2025

44

Response to motion

1 Affidavit Supplemental Kelly Kinneen

View on PACER

Oct. 20, 2025

Oct. 20, 2025

RECAP
45

Reply to opposition to motion

Oct. 27, 2025

Oct. 27, 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

Key Dates

Filing Date: April 8, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Citizens for Responsibility and Ethics in Washington (CREW)

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Office of Management and Budget (Washington, D.C., District of Columbia), Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Other Dockets:

District of District of Columbia 1:25-cv-01051

U.S. Court of Appeals for the District of Columbia Circuit 25-05266

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Presidential/Gubernatorial Authority:

Access to information systems