Case: United States v. Ross

1:25-cv-02261 | U.S. District Court for the District of District of Columbia

Filed Date: July 15, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the continued service of three members of the Corporation for Public Broadcasting (CPB) Board of Directors, despite President Trump's purported firing of each. CPB's board members are appointed by the President and confirmed by the Senate. Statute sets the term of each board member at 6 years, but does not contain an explicit provision requiring removals to be for good cause only. No more than 5 members of the Board may belong to the same party; Congress also required membe…

This case challenged the continued service of three members of the Corporation for Public Broadcasting (CPB) Board of Directors, despite President Trump's purported firing of each. CPB's board members are appointed by the President and confirmed by the Senate. Statute sets the term of each board member at 6 years, but does not contain an explicit provision requiring removals to be for good cause only. No more than 5 members of the Board may belong to the same party; Congress also required members to be "eminent in" their fields and for members to represent licensees and permitees of public TV and radio stations. Since CPB is a corporation, not a government agency, its employees are not officers or employees of the United States. Trump purported to fire the three CPB board members on April 28, 2025; from that date, the board members continued to carry out their duties as normal while contesting their firing in a separate lawsuit. The United States alleged that by doing so, the board members violated the District of Columbia Code.

The United States noted that defendants had been denied preliminary relief in Corporation for Public Broadcasting v. Trump, the lawsuit they filed against the Trump Administration in April 2025. However, that court's denial of preliminary relief expressly declined to reach the merits of the board members' claims. Moreover, that court's denial of an injunction was without prejudice and stipulated that if Trump or his administration "took steps to interfere" with CPB's independence, the board members could renew their claim. 

On July 15, 2025, the United States of America filed this lawsuit in the U.S. District Court for the District of Columbia, naming the three purportedly-fired members of CPB's Board in their personal capacities as defendants. The United States  alleged that defendants unlawfully held office and sought relief pursuant to the District of Columbia's quo warranto statute, a rarely-used mechanism originating from English common law which inquires into the authority under which a public office or franchise is held. The United States sought a declaration that defendants unlawfully held their offices; vacatur of any actions taken by defendants after their purported removal; an injunction against defendants' continued service on the Board; an order that defendants return their salary accrued since their purported firing; and attorneys' fees. The case was assigned to Randolph D. Moss.

Laura Ross, one of the three board members, subsequently informed CPB's CEO that she "no longer [held] or exercise[d]" her position on the Board. As a result, plaintiffs voluntarily dismissed all their claims against Ross on July 25, 2025.

The government moved for summary judgement on August 29, 2025.

Plaintiffs' claims against the other two board members remain active. This case is ongoing.

Summary Authors

Matt Petrillo (7/28/2025)

Jinan Abufarha (9/27/2025)

Related Cases

Corporation for Public Broadcasting v. Federal Emergency Management Agency, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70806414/parties/united-states-v-ross/


Judge(s)

Moss, Randolph Daniel (District of Columbia)

Attorney for Plaintiff

Hudak, Brian P. (District of Columbia)

Attorney for Defendant

Anderson, Trisha Beth (District of Columbia)

Bidad, Helia (District of Columbia)

Konkel, Kaitlin Brooke (District of Columbia)

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Documents in the Clearinghouse

Document
1

1:25-cv-02261

Complaint

July 15, 2025

July 15, 2025

Complaint
6

1:25-cv-02261

United States's Rule 41(a)(1)(A) Notice of Voluntary Dismissal of Claims Against Defendant Laura G. Ross

July 25, 2025

July 25, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70806414/united-states-v-ross/

Last updated Oct. 3, 2025, 8:57 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DIANE KAPLAN, LAURA G. ROSS, THOMAS E. ROTHMAN (Fee Status:Filing Fee Waived) filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Ross Summons, # 3 Summons Rothman Summons, # 4 Summons Kaplan Summons)(Hudak, Brian) (Entered: 07/15/2025)

1 Civil Cover Sheet

View on RECAP

2 Summons Ross Summons

View on RECAP

3 Summons Rothman Summons

View on RECAP

4 Summons Kaplan Summons

View on RECAP

July 15, 2025

July 15, 2025

Clearinghouse
2

NOTICE OF RELATED CASE by UNITED STATES OF AMERICA. Case related to Case No. 25-1305. (Hudak, Brian) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

RECAP
3

SUMMONS (3) Issued Electronically as to All Defendants. (Attachments: # 1 Notice and Consent)(znmw) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

PACER
4

STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 7/16/2025. (lcrdm1) (Entered: 07/16/2025)

July 16, 2025

July 16, 2025

RECAP

Case Assigned/Reassigned

July 16, 2025

July 16, 2025

PACER

Case Assigned to Judge Randolph D. Moss. (znmw) Modified to correct judge on 7/16/2025; related case (znmw).

July 16, 2025

July 16, 2025

PACER
5

NOTICE of Appearance by Jeremy Samuel Bloch Newman on behalf of All Plaintiffs (Newman, Jeremy) (Entered: 07/25/2025)

July 25, 2025

July 25, 2025

PACER
6

NOTICE of Voluntary Dismissal re Laura G. Ross by All Plaintiffs (Attachments: # 1 Exhibit A - Laura Ross Resignation Letter)(Newman, Jeremy) (Entered: 07/25/2025)

1 Exhibit A - Laura Ross Resignation Letter

View on RECAP

July 25, 2025

July 25, 2025

Clearinghouse
7

NOTICE United States' Pre-Motion Notice of Anticipated Motion for Summary Judgment and Request for Pre-Motion Conference by UNITED STATES OF AMERICA (Newman, Jeremy) (Entered: 07/28/2025)

July 28, 2025

July 28, 2025

RECAP

.Order

July 29, 2025

July 29, 2025

PACER

MINUTE ORDER: Upon consideration of the United States' Notice of Voluntary Dismissal, Dkt. 6, it is hereby ORDERED that the claims against Defendant Laura Ross are DISMISSED pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of Court is directed to terminate Defendant Laura Ross from the case. Signed by Judge Randolph D. Moss on 7/29/2025. (lcrdm1)

July 29, 2025

July 29, 2025

PACER
8

NOTICE of Voluntary Dismissal re Thomas E. Rothman by UNITED STATES OF AMERICA (Attachments: # 1 Exhibit A - Thomas Rothman Letter)(Newman, Jeremy) (Entered: 08/01/2025)

1 Exhibit A - Thomas Rothman Letter

View on PACER

Aug. 1, 2025

Aug. 1, 2025

RECAP
9

CERTIFICATE OF SERVICE by UNITED STATES OF AMERICA re 7 Notice (Other) . (Newman, Jeremy) (Entered: 08/01/2025)

Aug. 1, 2025

Aug. 1, 2025

RECAP

.Order

Aug. 1, 2025

Aug. 1, 2025

PACER

MINUTE ORDER: Upon consideration of the United States' Notice of Voluntary Dismissal, Dkt. 8, it is hereby ORDERED that the claims against Defendant Thomas E. Rothman are DISMISSED pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk of Court is directed to terminate Defendant Thomas E. Rothman from the case. Signed by Judge Randolph D. Moss on 8/1/2025. (lcrdm1)

Aug. 1, 2025

Aug. 1, 2025

PACER

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

Aug. 3, 2025

Aug. 3, 2025

PACER

MINUTE ORDER: Upon consideration of the United States' Pre-motion Notice of Anticipated Motion for Summary Judgment and Request for Pre-motion Conference, Dkt. 7, it is hereby ORDERED that the parties appear for a pre-motion conference on August 27, 2025 at 9:00 a.m. in Courtroom 8. Signed by Judge Randolph D. Moss on 8/3/2025. (lcrdm1)

Aug. 3, 2025

Aug. 3, 2025

PACER
10

WAIVER OF SERVICE. DIANE KAPLAN waiver sent on 8/4/2025, answer due 10/3/2025. (Newman, Jeremy) (Entered: 08/05/2025)

Aug. 5, 2025

Aug. 5, 2025

RECAP
11

NOTICE of Appearance by Kaitlin Brooke Konkel on behalf of DIANE KAPLAN (Konkel, Kaitlin) (Entered: 08/22/2025)

Aug. 22, 2025

Aug. 22, 2025

RECAP
12

NOTICE of Appearance by Trisha Beth Anderson on behalf of DIANE KAPLAN (Anderson, Trisha) (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

RECAP
13

NOTICE Regarding Pre-Motion Conference of August 27, 2025 by DIANE KAPLAN (Anderson, Trisha) (Entered: 08/26/2025)

Aug. 26, 2025

Aug. 26, 2025

RECAP

Pre-motion Conference AND ~Util - Set/Reset Deadlines

Aug. 27, 2025

Aug. 27, 2025

PACER

Minute Entry for proceedings held before Judge Randolph D. Moss: Pre-motion Conference held on 8/27/2025. Motions due by 8/29/2025, Responses due by 9/29/2025 and, Reply due by 10/20/2025. Cross Motions due by 9/29/2025, Response to Cross Motions due by 10/20/2025 and, Final Reply to Cross Motions due by 11/3/2025. (Court Reporter Sherry Lindsay) (zglw)

Aug. 27, 2025

Aug. 27, 2025

PACER
14

MOTION for Summary Judgment by UNITED STATES OF AMERICA. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Statement of Facts)(Newman, Jeremy) (Entered: 08/29/2025)

1 Memorandum in Support

View on PACER

2 Exhibit 1

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3 Statement of Facts

View on PACER

Aug. 29, 2025

Aug. 29, 2025

RECAP
15

TRANSCRIPT OF PROCEEDINGS before Judge Randolph D. Moss held on 8/27/25; Page Numbers: 1-27. Date of Issuance:9/8/25. Court Reporter Sherry Lindsay, Email: sherry_lindsay@dcd.uscourts.gov, 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 9/29/2025. Redacted Transcript Deadline set for 10/9/2025. Release of Transcript Restriction set for 12/7/2025.(stl) (Entered: 09/08/2025)

Sept. 8, 2025

Sept. 8, 2025

PACER
16

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Helia Bidad, Filing fee $ 100, receipt number ADCDC-11947308. Fee Status: Fee Paid. by DIANE KAPLAN. (Attachments: # 1 Declaration of Helia Bidad, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Konkel, Kaitlin) (Entered: 09/10/2025)

Sept. 10, 2025

Sept. 10, 2025

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Sept. 10, 2025

Sept. 10, 2025

PACER

MINUTE ORDER: Upon consideration of Defendant's motion for leave to appear pro hac vice, Dkt. 16, it is hereby ORDERED that the motion is GRANTED. Helia Bidad may appear 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. Signed by Judge Randolph D. Moss on 9/10/2025. (lcrdm1)

Sept. 10, 2025

Sept. 10, 2025

PACER
17

NOTICE of Appearance by Helia Bidad on behalf of DIANE KAPLAN (Bidad, Helia) (Entered: 09/12/2025)

Sept. 12, 2025

Sept. 12, 2025

RECAP
18

Cross MOTION for Summary Judgment by DIANE KAPLAN. (Attachments: # 1 Memorandum in Support of Defendant Diane Kaplans Cross-Motion for Summary Judgment and Opposition to United States Motion for Summary Judgment, # 2 Response to the United States Statement of Material Facts and Statement of Additional Facts, # 3 Declaration of Evan Slavitt, # 4 Exhibit 1 to Slavitt Declaration, # 5 Exhibit 2 to Slavitt Declaration, # 6 Text of Proposed Order)(Anderson, Trisha) (Entered: 09/29/2025)

1 Memorandum in Support of Defendant Diane Kaplans Cross-Motion for Summary Judgme

View on PACER

2 Response to the United States Statement of Material Facts and Statement of Addi

View on PACER

3 Declaration of Evan Slavitt

View on PACER

4 Exhibit 1 to Slavitt Declaration

View on PACER

5 Exhibit 2 to Slavitt Declaration

View on PACER

6 Text of Proposed Order

View on PACER

Sept. 29, 2025

Sept. 29, 2025

PACER
19

Memorandum in opposition to re 14 MOTION for Summary Judgment [See ECF No. 18 for attachments] filed by DIANE KAPLAN. (Anderson, Trisha) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

PACER

Case Details

State / Territory: District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Key Dates

Filing Date: July 15, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The United States of America.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Laura G. Ross (Washington), Private Entity/Person

Thomas E. Rothman (Washington), Private Entity/Person

Diane Kaplan (Washington), Private Entity/Person

Case Details

Causes of Action:

State law

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:

Appointment Authority

Civil Service