Case: Jackson v. Kennedy

1:25-cv-01750 | U.S. District Court for the District of District of Columbia

Filed Date: June 3, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case asked for damages due to the termination of thousands of employees at the Department of Health and Human Services (HHS) and its subcomponents on the basis of incomplete or inaccurate personnel records. On June 3, 2025, seven individuals formerly employed by HHS brought a class action in the U.S. District Court for the District of Columbia on behalf of themselves and all others similarly situated (a class action). The plaintiffs sued Robert F. Kennedy Jr. as the Secretary of HHS, HHS, …

This case asked for damages due to the termination of thousands of employees at the Department of Health and Human Services (HHS) and its subcomponents on the basis of incomplete or inaccurate personnel records. On June 3, 2025, seven individuals formerly employed by HHS brought a class action in the U.S. District Court for the District of Columbia on behalf of themselves and all others similarly situated (a class action). The plaintiffs sued Robert F. Kennedy Jr. as the Secretary of HHS, HHS, the Office of Management and Budget and its Secretary, Elon Musk, DOGE and its Administrator, the Office of Personnel Management and its Acting Director, the Administration for Children and Families and its Acting Assistant Secretary, the Food and Drug Administration and its Commissioner, and the CDC and its Acting Director. 

Represented by private counsel, the plaintiffs alleged that on April 1, 2025, HHS terminated about 10,000 full-time employees. However, the plaintiffs claimed that the terminations were riddled with errors, as HHS used inaccurate performance ratings, competitive areas (an organizational and geographic subdivision in which employees compete with each other for retention), and competitive levels when deciding which employees to terminate. The plaintiffs argued that these inaccuracies led to HHS offices, subcomponents, and individuals being targeted by DOGE for elimination because it appeared they were inefficient or unproductive. The plaintiffs alleged that since DOGE targeted unproductive employees and offices, inaccurate personnel files gave them a higher chance of being terminated. The plaintiffs claimed that these errors were the result of poor record-keeping, the failure of computer systems to communicate between agencies effectively, and the willingness by HHS leaders to make mistakes on the front end that would then be rectified by reinstatement. 

The complaint alleged that each of the plaintiffs was fired in the reduction in force (RIF) that took place on April 1, and that each of the plaintiffs' personnel files was inaccurate to some extent. The plaintiffs asked the court to certify the following class: "All individuals who were employed by the U.S. Department of Health and Human Services in a non-probationary status on March 31, 2025, were sent a Notice of Reduction in Force or Notice of Intent to Conduct a Reduction in Force on April 1, 2025, and whose Notice of Reduction in Force was inconsistent with official personnel records." The plaintiffs claimed that their experience was typical of the class, which is so numerous that joinder would be impractical. 

The plaintiffs claimed that the defendants' actions violated the Privacy Act by failing to keep accurate employee records and asked the court to issue declaratory relief finding that the defendants violated the Privacy Act and awarding the plaintiffs actual damages not less than $1,000 per person, along with court costs. 

The case was assigned to District Judge Beryl A. Howell.

On September 5, 2025, Defendants filed a motion to dismiss for failure to state a claim and for lack of subject matter jurisdiction. Plaintiffs filed their motion opposing Defendant's motion to dismiss on September 19, 2025. 

This case is ongoing. 

Summary Authors

Jeremiah Price (6/13/2025)

Nick Martire (10/4/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70446646/parties/jackson-v-kennedy/


Judge(s)

Howell, Beryl Alaine (District of Columbia)

Attorney for Plaintiff

Bailey, Clayton Louis (District of Columbia)

Samuels, Jessica Merry (District of Columbia)

Attorney for Defendant

Resar, Alexander William (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-01750

Class Action Complaint

June 3, 2025

June 3, 2025

Complaint
12

1:25-cv-01750

Defendants' Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6)

Chicago Headline Club v. Noem

Sept. 5, 2025

Sept. 5, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70446646/jackson-v-kennedy/

Last updated Dec. 23, 2025, 1:27 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11731522) filed by SHAWN CHENAULT, BRENDAN DEMICH, CATHERINE JACKSON, VID DESAI, FONDA KORNEGAY, CARRIE GREENE, MELISSA ADAMS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons (Combined Requests))(Bailey, Clayton) (Entered: 06/03/2025)

1 Civil Cover Sheet

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2 Summons (Combined Requests)

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June 3, 2025

June 3, 2025

Clearinghouse
2

SEALED DOCUMENT filed by MELISSA ADAMS, SHAWN CHENAULT, BRENDAN DEMICH, VID DESAI, CARRIE GREENE, CATHERINE JACKSON, FONDA KORNEGAY re 1 Complaint, (This document is SEALED and only available to authorized persons.)(Bailey, Clayton) (Entered: 06/03/2025)

June 3, 2025

June 3, 2025

3

SUMMONS (16) Issued Electronically as to All Defendants. (Attachments: # 1 Notice and Consent)(znmw) (Entered: 06/04/2025)

1 Notice and Consent

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June 4, 2025

June 4, 2025

4

REQUEST FOR SUMMONS TO ISSUE filed by SHAWN CHENAULT, BRENDAN DEMICH, CATHERINE JACKSON, VID DESAI, FONDA KORNEGAY, CARRIE GREENE, MELISSA ADAMS. Related document: Notice of Error- New Case,.(Bailey, Clayton) (Entered: 06/04/2025)

June 4, 2025

June 4, 2025

RECAP
5

STANDING ORDER. Signed by Judge Beryl A. Howell on June 4, 2025. (lcbah1) (Entered: 06/04/2025)

June 4, 2025

June 4, 2025

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Notice of Error- New Case

June 4, 2025

June 4, 2025

Case Assigned/Reassigned

June 4, 2025

June 4, 2025

Case Assigned to Judge Beryl A. Howell. (znmw)

June 4, 2025

June 4, 2025

NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (znmw)

June 4, 2025

June 4, 2025

6

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (mg) (Entered: 06/05/2025)

June 5, 2025

June 5, 2025

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7

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/5/2025. Answer due for ALL FEDERAL DEFENDANTS by 8/4/2025. (Bailey, Clayton) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

8

NOTICE of Appearance by Alexander William Resar on behalf of All Defendants (Resar, Alexander) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

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9

NOTICE of Appearance by Jessica Merry Samuels on behalf of All Plaintiffs (Samuels, Jessica) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

10

Joint MOTION for Extension of Time to File Responsive Pleading, Joint MOTION to Stay LCvR 23.1(b) Deadline for Plaintiffs' Motion for Class Certification by ADMINISTRATION FOR CHILDREN AND FAMILIES, CENTERS FOR DISEASE CONTROL AND PREVENTION, CHARLES EZELL, AMY GLEASON, ANDREW GRADISON, ROBERT F. KENNEDY, JR, MARTIN MAKARY, SUSAN MONAREZ, ELON MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. FOOD AND DRUG ADMINISTRATION, U.S. OFFICE OF PERSONNEL MANAGEMENT, RUSSELL VOUGHT. (Attachments: # 1 Proposed Order)(Resar, Alexander) (Entered: 07/09/2025)

1 Proposed Order

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July 9, 2025

July 9, 2025

11

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ADMINISTRATION FOR CHILDREN AND FAMILIES served on 6/11/2025; CENTERS FOR DISEASE CONTROL AND PREVENTION served on 6/9/2025; CHARLES EZELL served on 6/11/2025; AMY GLEASON served on 6/17/2025; ANDREW GRADISON served on 6/11/2025; ROBERT F. KENNEDY, JR served on 6/11/2025; MARTIN MAKARY served on 6/10/2025; SUSAN MONAREZ served on 6/9/2025; ELON MUSK served on 6/17/2025; OFFICE OF MANAGEMENT AND BUDGET served on 6/17/2025; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 6/11/2025; U.S. DOGE SERVICE served on 6/17/2025; U.S. DOGE SERVICE TEMPORARY ORGANIZATION served on 6/17/2025; U.S. FOOD AND DRUG ADMINISTRATION served on 6/10/2025; U.S. OFFICE OF PERSONNEL MANAGEMENT served on 6/11/2025; RUSSELL VOUGHT served on 6/17/2025, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/12/2025. (Samuels, Jessica) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

RECAP

Order on Motion for Extension of Time to AND Order on Motion to Stay

July 10, 2025

July 10, 2025

MINUTE ORDER (paperless) GRANTING the parties' 10 Joint Motion for Extension of Time; DIRECTING defendants to respond to plaintiff's 1 Complaint by September 5, 2025; and STAYING the deadline for plaintiffs to move for class certifications until resolution of defendant's anticipated motion to dismiss and the parties' submission of the conference report required by Federal Rule of Civil Procedure 26(f) and LCvR 16.3. Signed by Judge Beryl A. Howell on July 10, 2025. (lcbah1)

July 10, 2025

July 10, 2025

Set/Reset Deadlines

July 11, 2025

July 11, 2025

Set/Reset Deadlines: Defendant's Response To The Plaintiff's 1 Complaint due by 9/5/2025. (mac)

July 11, 2025

July 11, 2025

12

MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by ADMINISTRATION FOR CHILDREN AND FAMILIES, CENTERS FOR DISEASE CONTROL AND PREVENTION, CHARLES EZELL, AMY GLEASON, ANDREW GRADISON, ROBERT F. KENNEDY, JR, MARTIN MAKARY, SUSAN MONAREZ, ELON MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. FOOD AND DRUG ADMINISTRATION, U.S. OFFICE OF PERSONNEL MANAGEMENT, RUSSELL VOUGHT. (Attachments: # 1 Memorandum of law in Support of Defendants' Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), # 2 Proposed Order)(Resar, Alexander) (Entered: 09/05/2025)

1 Memorandum of law in Support of Defendants' Motion to Dismiss Pursuant to

View on RECAP

2 Proposed Order

View on RECAP

Sept. 5, 2025

Sept. 5, 2025

Clearinghouse
13

Consent MOTION for Extension of Time to file Reply in Support of Motion to Dismiss by ADMINISTRATION FOR CHILDREN AND FAMILIES, CENTERS FOR DISEASE CONTROL AND PREVENTION, CHARLES EZELL, AMY GLEASON, ANDREW GRADISON, ROBERT F. KENNEDY, JR, MARTIN MAKARY, SUSAN MONAREZ, ELON MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. FOOD AND DRUG ADMINISTRATION, U.S. OFFICE OF PERSONNEL MANAGEMENT, RUSSELL VOUGHT. (Attachments: # 1 Proposed Order)(Resar, Alexander) (Entered: 09/17/2025)

Sept. 17, 2025

Sept. 17, 2025

Order on Motion for Extension of Time to

Sept. 18, 2025

Sept. 18, 2025

MINUTE ORDER (paperless) GRANTING defendants' 13 Consent Motion to Extend Deadline to File Reply in Support of Motion to Dismiss; and DIRECTING defendants to file a reply in support of their motion to dismiss by October 3, 2025. Signed by Judge Beryl A. Howell on September 18, 2025. (lcbah1)

Sept. 18, 2025

Sept. 18, 2025

Set/Reset Deadlines

Sept. 18, 2025

Sept. 18, 2025

Set/Reset Deadlines: Defendants Reply In Support Of Motion To Dismiss due by 10/3/2025. (mac)

Sept. 18, 2025

Sept. 18, 2025

14

Memorandum in opposition to re 12 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by MELISSA ADAMS, SHAWN CHENAULT, BRENDAN DEMICH, VID DESAI, CARRIE GREENE, CATHERINE JACKSON, FONDA KORNEGAY. (Attachments: # 1 Text of Proposed Order)(Bailey, Clayton) (Entered: 09/19/2025)

1 Text of Proposed Order

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Sept. 19, 2025

Sept. 19, 2025

RECAP
15

MOTION for Scheduling Order Reinstating Reply Deadline by MELISSA ADAMS, SHAWN CHENAULT, BRENDAN DEMICH, VID DESAI, CARRIE GREENE, CATHERINE JACKSON, FONDA KORNEGAY. (Attachments: # 1 Text of Proposed Order)(Bailey, Clayton) (Entered: 10/01/2025)

1 Text of Proposed Order

View on PACER

Oct. 1, 2025

Oct. 1, 2025

RECAP
16

Memorandum in opposition to re 15 MOTION for Scheduling Order Reinstating Reply Deadline filed by ADMINISTRATION FOR CHILDREN AND FAMILIES, CENTERS FOR DISEASE CONTROL AND PREVENTION, CHARLES EZELL, AMY GLEASON, ANDREW GRADISON, ROBERT F. KENNEDY, JR, MARTIN MAKARY, SUSAN MONAREZ, ELON MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. FOOD AND DRUG ADMINISTRATION, U.S. OFFICE OF PERSONNEL MANAGEMENT, RUSSELL T. VOUGHT. (Resar, Alexander) (Entered: 10/01/2025)

Oct. 1, 2025

Oct. 1, 2025

RECAP

MINUTE ORDER (paperless), upon consideration of plaintiffs' 15 Motion to Reinstate Reply Deadline and appreciating the frustration expressed in extending defendants' deadline, nonetheless DENYING, without prejudice, plaintiffs' motion, given that defendants' counsel "are generally prohibited, with limited exceptions, from working during the pendency of the lapse of appropriations, even on a voluntary basis," Oct. 1, 2025 Standing Order No. 25-55 (Boasberg, C.J.). Signed by Judge Beryl A. Howell on October 2, 2025. (lcbah1)

Oct. 2, 2025

Oct. 2, 2025

Order on Motion for Scheduling Order

Oct. 2, 2025

Oct. 2, 2025

17

MOTION for Scheduling Order Reinstating Reply Deadline (Renewed) by MELISSA ADAMS, SHAWN CHENAULT, BRENDAN DEMICH, VID DESAI, CARRIE GREENE, CATHERINE JACKSON, FONDA KORNEGAY. (Attachments: # 1 Exhibit 1 - Nagy Declaration, # 2 Text of Proposed Order)(Bailey, Clayton) (Entered: 10/15/2025)

1

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2

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Oct. 15, 2025

Oct. 15, 2025

RECAP

REVISED MINUTE ORDER (paperless), upon consideration of 17 Plaintiffs' Renewed Motion to Reinstate Reply Deadline, GRANTING plaintiffs' motion in light of the significant privacy interests, affecting thousands of federal employees, raised in the case, see Compl. ¶ 1, ECF No. 1, and the posture of briefing on a dispositive motion in this case, with the original filing deadline for defendants' reply brief on October 3, 2025, merely two days after issuance of the blanket extension of deadlines and stay of civil matters involving the federal government, subject to certain exceptions, including "further order of the Court," in Standing Order No. 25-55 (Oct. 1, 2025) (Boasberg, C.J.), and the fact that the Department of Justice's own Contingency Plan authorizes employees to work "[i]f a court... orders a case to continue," FY 2026 Contingency Plan at 3 (Sept. 29, 2025), https://www.justice.gov/jmd/media/1377216/dl; and DIRECTING defendants to file any reply in support of their motion to dismiss by October 22, 2025 at 2 p.m. Signed by Judge Beryl A. Howell on October 17, 2025. (lcbah1)

Oct. 17, 2025

Oct. 17, 2025

Order on Motion for Scheduling Order

Oct. 17, 2025

Oct. 17, 2025

Set/Reset Deadlines

Oct. 17, 2025

Oct. 17, 2025

Set/Reset Deadlines: Defendants Reply In Support Of Their Motion To Dismiss due no later than 2:00PM on 10/22/2025. (mac)

Oct. 17, 2025

Oct. 17, 2025

18

REPLY to opposition to motion re 12 Motion to Dismiss,,, Motion to Dismiss/Lack of Jurisdiction,, filed by ADMINISTRATION FOR CHILDREN AND FAMILIES, CENTERS FOR DISEASE CONTROL AND PREVENTION, CHARLES EZELL, AMY GLEASON, ANDREW GRADISON, ROBERT F. KENNEDY, JR, MARTIN MAKARY, SUSAN MONAREZ, ELON MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. FOOD AND DRUG ADMINISTRATION, U.S. OFFICE OF PERSONNEL MANAGEMENT, RUSSELL T. VOUGHT. (Resar, Alexander) (Entered: 10/22/2025)

Oct. 22, 2025

Oct. 22, 2025

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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: June 3, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Seven employees fired from HHS seeking a class action on behalf of all similarly situated employees.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Department of Health and Human Services (- United States (national) -), Federal

Office of Management and Budget (- United States (national) -), Federal

U.S. Doge Services (- United States (national) -), Federal

U.S. Office of Personnel Management (- United States (national) -), Federal

Administration for Children and Families (- United States (national) -), Federal

U.S. Food and Drug Administration (- United States (national) -), Federal

Centers for Disease Control and Prevention (- United States (national) -), Federal

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

Privacy Act, 5 U.S.C. § 552a

Other Dockets:

District of District of Columbia 1:25-cv-01750

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Damages

Declaratory judgment

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Record-keeping

Records Disclosure

Presidential/Gubernatorial Authority:

Access to information systems

DOGE (Department of Government Efficiency)