Case: MSW Media, Inc. v. United States DOGE Service

MSW Media v. United States DOGE Service

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT against United States DOGE Service ( Filing fee $ 405, receipt number ACANDC-20505162.). Filed by MSW Media, Inc., First Amendment Coalition. (Attachments: # 1 Civil Cover Sheet)(Loy, John) (Filed on 3/28/2025) Modified on 3/28/2025 (jml, COURT STAFF). [Transferred from California Northern on 6/25/2025.] (Entered: 03/28/2025)

1 Civil Cover Sheet

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MOTION for leave to appear in Pro Hac Vice (Corrected) ( Filing fee $ 328, receipt number ACANDC-20507375.) Filing fee previously paid on 3/28/25 filed by MSW Media, Inc., First Amendment Coalition. (Attachments: # 1 Exhibit Certificate of good standing)(McClanahan, Kel) (Filed on 3/28/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 03/28/2025)

Proposed Summons. (Loy, John) (Filed on 3/28/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 03/28/2025)

Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/11/2025. (amf, COURT STAFF) (Filed on 3/28/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 03/28/2025)

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 328, receipt number ACANDC-20507375.) filed by MSW Media, Inc., First Amendment Coalition. (McClanahan, Kel) (Filed on 3/28/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 03/28/2025)

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (tshlc1, COURT STAFF) (Filed on 3/28/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 03/28/2025)

ORDER REASSIGNING CASE IT IS ORDERED that this case is reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to Judge Araceli Martinez-Olguin. Magistrate Judge Thomas S. Hixson no longer assigned to the case. Counsel are instructed that all future filings shall bear the updated judicial initials immediately after the case number. Counsel are reminded to verify the location of the judge on the court website. All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Mark B. Busby Clerk, United States District Court (This is a text-only entry generated by the court. There is no document associated with this entry.) (pjf, COURT STAFF) (Filed on 3/28/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 03/28/2025)

Rule 7.1 Disclosures by MSW Media, Inc., First Amendment Coalition identifying Other Affiliate Mueller She Wrote LLC for MSW Media, Inc.. (Loy, John) (Filed on 3/28/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 03/28/2025)

Initial Case Management Scheduling Order with ADR Deadlines: Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.gov/cameras. Case Management Statement due by 6/26/2025. Initial Case Management Conference set for 7/3/2025 10:00 AM in San Francisco, Courtroom E, 15th Floor. (Attachments: # 1 Notice of Eligibility for Video Recording)(jml, COURT STAFF) (Filed on 3/28/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 03/28/2025)

Proposed Summons. (Loy, John) (Filed on 3/28/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 03/28/2025)

Summons Issued as to United States DOGE Service, U.S. Attorney and U.S. Attorney General (jml, COURT STAFF) (Filed on 3/31/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 03/31/2025)

Order by Judge Araceli Martinez-Olguin granting 10 Motion for Pro Hac Vice as to Kelly McClanahan. (ads, COURT STAFF) (Filed on 3/31/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 03/31/2025)

FIRST AMENDED COMPLAINT against United States DOGE Service, Office of Management and Budget. Filed by MSW Media, Inc., First Amendment Coalition. (Attachments: # 1 Exhibit First Amended Complaint (redlined))(McClanahan, Kel) (Filed on 4/10/2025) Modified on 4/11/2025 (kmm2, COURT STAFF). [Transferred from California Northern on 6/25/2025.] (Entered: 04/10/2025)

Proposed Summons. (McClanahan, Kel) (Filed on 4/10/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 04/10/2025)

Summons Issued as to Office of Management and Budget.(kmm2, COURT STAFF) (Filed on 4/11/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 04/11/2025)

CERTIFICATE OF SERVICE by MSW Media, Inc., First Amendment Coalition, SUMMONS Returned Executed by MSW Media, Inc., First Amendment Coalition. Office of Management and Budget served on 4/18/2025, answer due 6/17/2025; United States DOGE Service served on 4/4/2025, answer due 6/3/2025., SUMMONS Returned Executed (FOIA) by MSW Media, Inc.; First Amendment Coalition. Office of Management and Budget served on 4/18/2025, answer due 6/17/2025; United States DOGE Service served on 4/4/2025, answer due 6/3/2025. (McClanahan, Kel) (Filed on 4/22/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 04/22/2025)

STIPULATION TO CLARIFY AND SET A DATE CERTAIN FOR DEFENDANTS TO RESPOND TO FIRST AMENDED COMPLAINT filed by United States DOGE Service, Office of Management and Budget. (Brakebill, Kenneth) (Filed on 5/5/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 05/05/2025)

MOTION TO DISMISS OR TRANSFER FIRST AMENDED COMPLAINT, MOTION to Stay re 13 Amended Complaint, IN THE ALTERNATIVE, MOTION TO STAY filed by United States DOGE Service, Office of Management and Budget. Motion Hearing set for 8/7/2025 02:00 PM in San Francisco, Courtroom 10, 19th Floor before Judge Araceli Martinez-Olguin. Responses due by 6/10/2025. Replies due by 6/17/2025. (Brakebill, Kenneth) (Filed on 5/27/2025) Modified on 5/28/2025 (jml, COURT STAFF). [Transferred from California Northern on 6/25/2025.] (Entered: 05/27/2025)

Proposed Order re 18 MOTION to Transfer Case MOTION TO DISMISS OR TRANSFER FIRST AMENDED COMPLAINT MOTION to Stay re 13 Amended Complaint, IN THE ALTERNATIVE, MOTION TO STAY [PROPOSED] ORDER GRANTING DEFENDANTS MOTION TO DISMISS OR TRANSFER FIRST AMENDED COMPLAINT, OR, IN THE ALTERNATIVE, GRANTING MOTION TO STAY by United States DOGE Service, Office of Management and Budget. (Brakebill, Kenneth) (Filed on 5/27/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 05/27/2025)

Joint ADMINISTRATIVE MOTION for Remote Appearance re 8 Initial Case Management Scheduling Order with ADR Deadlines,, filed by MSW Media, Inc., First Amendment Coalition. Responses due by 6/5/2025. (Attachments: # 1 Proposed Order)(McClanahan, Kel) (Filed on 6/1/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/01/2025)

ORDER: The case management conference currently set for July 3, 2025 is hereby ADVANCED to July 2, 2025 at 10:00 a.m. in San Francisco, Courtroom 10, 19th Floor. A joint case management conference statement is due by noon on June 25, 2025. The parties' 20 Joint Administrative Motion for Remote Appearance at the conference is DENIED WITHOUT PREJUDICE to resubmission of a renewed motion that is supported by good cause. Signed by Judge Araceli Martinez-Olguin on June 2, 2025. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amolc1, COURTSTAFF) (Filed on 6/2/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/02/2025)

OPPOSITION/RESPONSE (re 18 MOTION to Transfer Case MOTION to Stay re 13 Amended Complaint, ) filed byMSW Media, Inc., First Amendment Coalition. (Attachments: # 1 Declaration of Kelly McClanahan, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(McClanahan, Kel) (Filed on 6/10/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/10/2025)

ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.)(cmf, COURT STAFF) (Filed on 6/12/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/12/2025)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (McClanahan, Kel) (Filed on 6/12/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/12/2025)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (McClanahan, Kel) (Filed on 6/12/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/12/2025)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by U.S. DOGE SERVICE (Brakebill, Kenneth) (Filed on 6/12/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/12/2025)

Joint ADMINISTRATIVE MOTION for Remote Appearance re 8 Initial Case Management Scheduling Order with ADR Deadlines,, filed by MSW Media, Inc., First Amendment Coalition. Responses due by 6/16/2025. (Attachments: # 1 Proposed Order)(McClanahan, Kel) (Filed on 6/12/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/12/2025)

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by OFFICE OF MANAGEMENT & BUDGET (Brakebill, Kenneth) (Filed on 6/13/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/13/2025)

ORDER by Judge Araceli Martinez-Olguin GRANTING 27 Administrative Motion to Permit Remote Appearance at July 2, 2025 Case Management Conference.(amolc1, COURTSTAFF) (Filed on 6/16/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/16/2025)

Clerk's Notice Setting Zoom Hearing. Initial Case Management Conference set for 7/2/2025 at 10:00 AM - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://cand-uscourts.zoomgov.com/j/1603329440?pwd=OW1ZZWlZcklySHBMcStTVDZvZDJoUT09Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at amocrd@cand.uscourts.gov no later than June 30, 2025 at 12:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ads, COURT STAFF) (Filed on 6/16/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/16/2025)

REPLY (re 18 MOTION to Transfer Case MOTION to Stay re 13 Amended Complaint, ) filed byUnited States DOGE Service, Office of Management and Budget. (Brakebill, Kenneth) (Filed on 6/17/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/17/2025)

ORDER by Judge Araceli Martinez-Olguin GRANTING 18 Motion to Transfer Case.(amolc1, COURTSTAFF) (Filed on 6/18/2025) [Transferred from California Northern on 6/25/2025.] (Entered: 06/18/2025)

Case transferred in from District of California Northern; Case Number 3:25-cv-02881. Original file,transfer order and docket sheet received. (Entered: 06/25/2025)

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: Given that this matter has just been transferred to this district, the Court ORDERS that the parties shall file a Joint Status Report by July 2, 2025. So ORDERED by Chief Judge James E. Boasberg on June 25, 2025. (lcjeb3)

NOTICE of Appearance by Kelly Brian McClanahan on behalf of All Plaintiffs (McClanahan, Kelly) (Entered: 06/30/2025)

NOTICE OF RELATED CASE by All Plaintiffs. Case related to Case No. 25-511. (McClanahan, Kelly)

NOTICE of Appearance by Andrew Marshall Bernie on behalf of All Defendants (Bernie, Andrew)

Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET, UNITED STATES DOGE SERVICE. (Bernie, Andrew)

RESPONSE re [35] Notice of Related Case filed by OFFICE OF MANAGEMENT AND BUDGET, UNITED STATES DOGE SERVICE. (Bernie, Andrew)

RESPONSE re 35 Notice of Related Case filed by FIRST AMENDMENT COALITION, MSW MEDIA, INC.. (McClanahan, Kelly) (Entered: 07/03/2025)

.Order

.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: Having reviewed the parties' 37 Joint Status Report, the Court ORDERS that the parties shall confer regarding the proper scope of any stay and submit a further JSR with a proposed stay order by July 11, 2025. So ORDERED by Chief Judge James E. Boasberg on July 3, 2025. (lcjeb3)

MINUTE ORDER: As the Court does not believe that this matter is related to Case No. 25-511 before Judge Cooper, it ORDERS that it will retain jurisdiction. So ORDERED by Chief Judge James E. Boasberg on July 3, 2025. (lcjeb3)

Joint STATUS REPORT and Proposed Stay Order by OFFICE OF MANAGEMENT AND BUDGET, UNITED STATES DOGE SERVICE. (Attachments: (1) Text of Proposed Order)(Bernie, Andrew)

1 Text of Proposed Order

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ORDER: The Court ORDERS that: 1) Except as set forth in paragraph 2, all further proceedings in this case are hereby STAYED until a final decision is rendered on the Government's challenge to the plaintiff's attempts to obtain discovery in Citizens for Responsibility and Ethics in Washington (CREW) v. United States DOGE Service (USDS) et al., 349 F.R.D. 1 (Apr. 15, 2025) (Cooper, J.), on Petition for Writ of Mandamus, No. 25-5130 (D.C. Cir.), including any Supreme Court review; and 2) Notwithstanding paragraph 1, Plaintiffs may file the motion referenced in the parties' July 2, 2025 status report, concerning retention of certain alleged records. Plaintiffs shall file that motion on or before July 21, 2025. SIGNED by Chief Judge James E. Boasberg on July 14, 2025. (lcjeb3) (Entered: 07/14/2025)

Case Stayed. (znbn)

MOTION for Preservation Order by FIRST AMENDMENT COALITION. (Attachments: # 1 Exhibit A - Bernie-McClanahan email, # 2 Text of Proposed Order)(McClanahan, Kelly) (Entered: 07/21/2025)

1 Exhibit A - Bernie-McClanahan email

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2 Text of Proposed Order

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.Order AND ~Util - Set/Reset Deadlines

MINUTE ORDER: The Court ORDERS that Defendant shall file any response to Plaintiff's 42 Motion for Preservation by July 25, 2025. So ORDERED by Chief Judge James E. Boasberg on July 21, 2025. (lcjeb3)

Memorandum in opposition to re [42] MOTION for Preservation Order filed by OFFICE OF MANAGEMENT AND BUDGET, UNITED STATES DOGE SERVICE. (Bernie, Andrew)

MINUTE ORDER: The Court ORDERS that Plaintiffs shall file any Reply to Defendants' 43 Opposition by July 30, 2025. So ORDERED by Chief Judge James E. Boasberg on July 25, 2025. (lcjeb3)

Set/Reset Deadlines: Reply due by 7/30/2025. (znbn)

REPLY to opposition to motion re 42 Motion for Miscellaneous Relief filed by FIRST AMENDMENT COALITION. (McClanahan, Kelly) (Entered: 07/30/2025)

NOTICE OF SUPPLEMENTAL AUTHORITY by FIRST AMENDMENT COALITION (McClanahan, Kelly) (Entered: 08/13/2025)