Case: American Oversight v. U.S. Department of Government Efficiency

1:25-cv-01251 | U.S. District Court for the District of District of Columbia

Filed Date: April 23, 2025

Case Ongoing

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Case Summary

This case challenged the Trump Administration’s so-called Department of Government Efficiency’s (DOGE) practice of using ephemeral platforms such as Signal and Google Docs to transact official government business, allegedly in contravention of the record-keeping and disclosure requirements of the Federal Records Act (FRA) and the Freedom of Information Act (FOIA). Plaintiff American Oversight, a nonpartisan nonprofit seeking to advance democracy and transparency by enforcing public rights to government documents, brought this case under FOIA and the Administrative Procedure Act (APA), further alleging that defendants failed to conduct adequate searches for responsive records to FOIA requests and wrongfully withheld non-exempt records.

Plaintiff filed this lawsuit on April 23, 2025, in the U.S. District Court for the District of Columbia. The lawsuit named DOGE, its leader Elon Musk, several other DOGE officials, the National Archives & Records Administration (NARA), and NARA’s acting archivist Marco Rubio as defendants. Plaintiff sought a declaration that use of Signal and Google Docs was subject to the FRA and that failure to preserve and record such documents constituted a violation of the FRA and of the APA. Plaintiff also sought an order compelling DOGE to comply with its FOIA requests and an injunction preventing DOGE from continued withholding of FOIA-covered materials. Plaintiff finally sought attorneys’ fees. The case was assigned to Judge Rudolph Contreras.

On July 1, 2025, defendants moved to dismiss the case. Defendants argued that DOGE (officially the United States DOGE Service, or USDS) was not an "agency" sufficiently independent of the President to be subject to FOIA; that plaintiff did not have a right of action under the FRA; that plaintiff's claim against NARA was conclusory and failed to allege that defendants used Signal unlawfully; and that some of plaintiff's claims were barred under the APA because FOIA itself provided a remedy.

On July 22, 2025, plaintiff filed an amended complaint. The complaint preserved the same parties and claims as the original, but significantly expanded the factual allegations underpinning their case. Defendants' response is pending.

This case is ongoing.

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Summary Authors

Matt Petrillo (7/31/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69930055/parties/american-oversight-v-us-department-of-government-efficiency/

Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Haddix, Elizabeth (District of Columbia)

Kronig, David (District of Columbia)

Swomley, Joanna (District of Columbia)

Attorney for Defendant

Eckrote, Kaitlin Kerry (District of Columbia)

Judge(s)

Contreras, Rudolph (District of Columbia)

Attorney for Plaintiff

Haddix, Elizabeth (District of Columbia)

Kronig, David (District of Columbia)

Swomley, Joanna (District of Columbia)

Attorney for Defendant

Eckrote, Kaitlin Kerry (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-01251	Complaint	April 23, 2025	April 23, 2025 Complaint
14 1:25-cv-01251	First Amended Complaint for Declaratory and Injunctive Relief	July 22, 2025	July 22, 2025 Complaint

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Resources

Title	Description		External URL Date / External URL
EO 14158 - Establishing and Implementing the President's "Department of Government Efficiency" President Donald Trump	Establishing the Department of Government Efficiency to implement the President's DOGE Agenda, by modernizing Federal technology and software to maximize governmental efficiency and productivity.	Jan. 20, 2025	Jan. 20, 2025 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/69930055/american-oversight-v-us-department-of-government-efficiency/

Last updated Sept. 11, 2025, 11:15 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against STEVEN DAVIS, AMY GLEASON, ELON MUSK, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, MARCO RUBIO, U.S. DEPARTMENT OF GOVERNMENT EFFICIENCY, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION ( Filing fee $ 405 receipt number ADCDC-11637672) filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Civil Cover Sheet, # 7 Summons USAO, # 8 Summons AG, # 9 Summons DOGE, # 10 Summons USDS, # 11 Summons USDS Temp, # 12 Summons Musk, # 13 Summons Davis, # 14 Summons Gleason, # 15 Summons Rubio, # 16 Summons NARA)(Kronig, David) (Entered: 04/23/2025) 1 Exhibit Ex. 1 View on PACER 2 Exhibit Ex. 2 View on PACER 3 Exhibit Ex. 3 View on PACER 4 Exhibit Ex. 4 View on PACER 5 Exhibit Ex. 5 View on PACER 6 Civil Cover Sheet View on PACER 7 Summons USAO View on PACER 8 Summons AG View on PACER 9 Summons DOGE View on PACER 10 Summons USDS View on PACER 11 Summons USDS Temp View on PACER 12 Summons Musk View on PACER 13 Summons Davis View on PACER 14 Summons Gleason View on PACER 15 Summons Rubio View on PACER 16 Summons NARA View on PACER	April 23, 2025	April 23, 2025 Clearinghouse
2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN OVERSIGHT (Kronig, David) (Entered: 04/23/2025)	April 23, 2025	April 23, 2025 PACER
3	SUMMONS (10) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 04/24/2025)	April 24, 2025	April 24, 2025 PACER
	Case Assigned to Judge Rudolph Contreras. (znmw)	April 24, 2025	April 24, 2025 PACER
4	NOTICE of Appearance by Kaitlin Kerry Eckrote on behalf of All Defendants (Eckrote, Kaitlin) (Entered: 05/19/2025)	May 19, 2025	May 19, 2025 PACER
5	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/24/2025. Answer due for ALL FEDERAL DEFENDANTS by 6/23/2025. (Attachments: # 1 Exhibit US Attorney, # 2 Exhibit AG, # 3 Exhibit Dep't of Govt. Efficiency, # 4 Exhibit USDS, # 5 Exhibit USDSTO, # 6 Exhibit Musk, # 7 Exhibit Davis, # 8 Exhibit Gleason, # 9 Exhibit Rubio, # 10 Exhibit NARA)(Kronig, David) (Entered: 05/19/2025)	May 19, 2025	May 19, 2025 PACER
6	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. STEVEN DAVIS served on 4/30/2025; AMY GLEASON served on 4/30/2025; ELON MUSK served on 4/30/2025; NATIONAL ARCHIVES AND RECORDS ADMINISTRATION served on 4/29/2025; MARCO RUBIO served on 4/25/2025; U.S. DEPARTMENT OF GOVERNMENT EFFICIENCY served on 4/30/2025; U.S. DOGE SERVICE served on 4/30/2025; U.S. DOGE SERVICE TEMPORARY ORGANIZATION served on 4/30/2025, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 4/28/2025. (See Docket Entry 5 to view document). (znmw) (Entered: 05/20/2025)	May 19, 2025	May 19, 2025 PACER
7	Unopposed MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Joanna Swomley, Filing fee $ 100, receipt number ADCDC-11703546. Fee Status: Fee Paid. by AMERICAN OVERSIGHT. (Attachments: # 1 Declaration Swomley Decl., # 2 Text of Proposed Order)(Kronig, David) (Entered: 05/20/2025)	May 20, 2025	May 20, 2025 PACER
	Summons Returned Executed as to Federal Defendant AND Summons Returned Executed as to U.S. Attorney General	May 20, 2025	May 20, 2025 PACER
8	NOTICE of Appearance by Elizabeth Haddix on behalf of AMERICAN OVERSIGHT (Haddix, Elizabeth) (Main Document 8 replaced on 5/22/2025) (znmw). (Entered: 05/21/2025)	May 21, 2025	May 21, 2025 PACER
	Order on Motion for Leave to Appear Pro Hac Vice	May 21, 2025	May 21, 2025 PACER
	ORDER granting 7 Motion for Leave to Appear Pro Hac Vice: Pursuant to Local Civil Rule 83.2, it is hereby ORDERED that Joanna Ruth Swomley be admitted to represent Plaintiff pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. SO ORDERED. Signed by Judge Rudolph Contreras on 5/21/2025. (lcrc1)	May 21, 2025	May 21, 2025 PACER
9	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint,, by STEVEN DAVIS, AMY GLEASON, ELON MUSK, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, MARCO RUBIO, U.S. DEPARTMENT OF GOVERNMENT EFFICIENCY, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 05/22/2025)	May 22, 2025	May 22, 2025 PACER
	Order on Motion for Extension of Time to Answer	May 23, 2025	May 23, 2025 PACER
	MINUTE ORDER granting 9 Consent Motion for Extension of Time: It is HEREBY ORDERED that Defendants shall file a response to 1 Plaintiff's Complaint on or before July 1, 2025. SO ORDERED. Signed by Judge Rudolph Contreras on 5/23/2025. (lcrc1)	May 23, 2025	May 23, 2025 PACER
	Set/Reset Deadlines	May 28, 2025	May 28, 2025 PACER
	Set/Reset Deadlines: Answer due by 7/1/2025. (tj)	May 28, 2025	May 28, 2025 PACER
10	ENTERED IN ERROR.....NOTICE of Appearance by Joanna Swomley on behalf of AMERICAN OVERSIGHT (Swomley, Joanna) Modified on 5/30/2025 (znmw). (Entered: 05/29/2025)	May 29, 2025	May 29, 2025 PACER
11	NOTICE of Appearance by Joanna Swomley on behalf of AMERICAN OVERSIGHT (Swomley, Joanna) (Main Document 11 replaced on 6/2/2025) (znmw). (Entered: 05/30/2025)	May 30, 2025	May 30, 2025 PACER
	Notice of Error	May 30, 2025	May 30, 2025 PACER
	NOTICE OF ERROR regarding 10 Notice of Appearance. The following error(s) need correction: Missing case number. Missing Signature. Form is fillable. Please refile. (znmw)	May 30, 2025	May 30, 2025 PACER
12	MOTION to Dismiss by STEVEN DAVIS, AMY GLEASON, ELON MUSK, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, MARCO RUBIO, U.S. DEPARTMENT OF GOVERNMENT EFFICIENCY, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order)(Eckrote, Kaitlin) (Entered: 07/01/2025) 1 Memorandum in Support View on RECAP 2 Text of Proposed Order View on PACER	July 1, 2025	July 1, 2025 PACER
13	Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss by AMERICAN OVERSIGHT. (Attachments: # 1 Text of Proposed Order)(Kronig, David) (Entered: 07/07/2025)	July 7, 2025	July 7, 2025 PACER
	Order on Motion for Extension of Time to File Response/Reply	July 8, 2025	July 8, 2025 PACER
	MINUTE ORDER granting 13 Consent Motion for Extension of Time: It is HEREBY ORDERED that Plaintiff shall have until July 25, 2025 to oppose Defendants' motion to dismiss. SO ORDERED. Signed by Judge Rudolph Contreras on 7/8/2025. (lcrc1)	July 8, 2025	July 8, 2025 PACER
14	AMENDED COMPLAINT against All Defendants filed by AMERICAN OVERSIGHT. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Kronig, David) (Entered: 07/22/2025) 1 Exhibit 1 View on RECAP 2 Exhibit 2 View on RECAP 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on RECAP 7 Exhibit 7 View on RECAP	July 22, 2025	July 22, 2025 RECAP
15	MOTION to Stay by STEVEN DAVIS, AMY GLEASON, ELON MUSK, NATIONAL ARCHIVES AND RECORDS ADMINISTRATION, MARCO A. RUBIO, U.S. DEPARTMENT OF GOVERNMENT EFFICIENCY, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION. (Eckrote, Kaitlin) (Entered: 08/05/2025)	Aug. 5, 2025	Aug. 5, 2025 RECAP
16	ERRATA by Joanna Swomley by AMERICAN OVERSIGHT re 7 Motion for Leave to Appear Pro Hac Vice,. (Attachments: # 1 Declaration Corrected Decl Supporting PHV Mtn, # 2 Notice to Counsel/Party Corrected Notice of Appearance)(Haddix, Elizabeth) (Entered: 08/06/2025) 1 Declaration Corrected Decl Supporting PHV Mtn View on PACER 2 Notice to Counsel/Party Corrected Notice of Appearance View on PACER	Aug. 6, 2025	Aug. 6, 2025 PACER
17	Memorandum in opposition to motion	Aug. 19, 2025	Aug. 19, 2025 RECAP
18	Extension of Time to File Response/Reply	Aug. 20, 2025	Aug. 20, 2025 PACER
	Order on Motion for Extension of Time to File Response/Reply	Aug. 20, 2025	Aug. 20, 2025 PACER
19	Reply to opposition to motion	Sept. 9, 2025	Sept. 9, 2025 PACER