Case: Gordon v. Executive Office of the President

1:25-cv-02409 | U.S. District Court for the District of District of Columbia

Filed Date: July 24, 2025

Case Ongoing

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Case Summary

On July 24, 2025, three former federal employees filed suit in the U.S. District Court for the District of Columbia against the Executive Office of the President, Attorney General Pamela Bondi, the Department of Justice, and the United States. Plaintiffs alleged that they were unlawfully terminated without cause or due process, notwithstanding long-standing, exemplary service in various DOJ roles, in violation of the Administrative Procedure Act (APA) and the Fifth Amendment. The plaintiffs cha…

The plaintiffs challenged their removals as procedurally deficient and politically motivated. Each received a one-page termination memo citing only the President’s Article II authority, without factual justification or adherence to civil service protections. One plaintiff, a federal prosecutor, was removed just days after securing a major criminal indictment and shortly after receiving the highest possible performance rating. Another, a public affairs official, had managed communications on January 6th prosecutions. The third, a veteran and senior ethics official in the DOJ’s Justice Management Division, was terminated without the notice or procedures required under law for Senior Executive Service employees.

The complaint asserted six causes of action, including violations of the APA, ultra vires agency action, and due process deprivations of protected property and liberty interests related to loss of employment and associated reputational harm. Plaintiffs argued that the government’s dismantling of the Merit Systems Protection Board rendered administrative remedies unavailable or futile, entitling them to direct judicial review without administrative exhaustion. They sought declaratory and injunctive relief, reinstatement, backpay, attorney’s fees, and a name-clearing hearing. The case was assigned to Judge Jia M. Cobb, and is ongoing as of October 2025.

On November 25, 2025, the defendants filed a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1). In their memorandum of law, the defendants argued that the Civil Service Reform Act of 1978 (CSRA) provides the exclusive remedy for federal personnel actions, stripping the district court of jurisdiction over the plaintiffs' claims. The government contended that the plaintiffs' terminations are covered personnel actions under the CSRA, which channels review through the Merit Systems Protection Board (MSPB) and then to the Federal Circuit.

The case remains ongoing.

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Summary Authors

Liv Akkerman-Byram (8/4/2025)

Jack Moore (10/17/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70909385/parties/gordon-v-executive-office-of-the-president/

Attorney for Plaintiff

Becker, Harold Craig (District of Columbia)

Eisen, Norman Larry (District of Columbia)

Kolansky, David A. (District of Columbia)

Lowell, Abbe David (District of Columbia)

Moss, Bradley Prescott (District of Columbia)

Attorney for Plaintiff

Becker, Harold Craig (District of Columbia)

Eisen, Norman Larry (District of Columbia)

Kolansky, David A. (District of Columbia)

Lowell, Abbe David (District of Columbia)

Moss, Bradley Prescott (District of Columbia)

Oishi, Isabella M. (District of Columbia)

Zaid, Mark Steven (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-02409	Complaint	July 24, 2025	July 24, 2025 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/70909385/gordon-v-executive-office-of-the-president/

Last updated March 1, 2026, 12:37 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 405 receipt number ADCDC-11842721) filed by Michael M. Gordon. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Lowell, Abbe) (Entered: 07/24/2025) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER	July 24, 2025	July 24, 2025 Clearinghouse
2	SEALED DOCUMENT filed by Michael M. Gordon(This document is SEALED and only available to authorized persons.)(Lowell, Abbe) (Entered: 07/24/2025)	July 24, 2025	July 24, 2025
3	NOTICE of Appearance by Bradley Prescott Moss on behalf of Michael M. Gordon, Patricia A. Hartman, Joseph W. Tirrell (Moss, Bradley) (Entered: 07/25/2025)	July 25, 2025	July 25, 2025
4	SUMMONS Issued (3) Electronically as to DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF THE PRESIDENT, UNITED STATES OF AMERICA. (Attachments: # 1 Notice and Consent)(zmbs) (Attachment 1 replaced on 7/28/2025) (znmw). (Entered: 07/25/2025) 1 Notice and Consent View on PACER	July 25, 2025	July 25, 2025 Clearinghouse
5	REQUEST FOR SUMMONS TO ISSUE against Pamela J. Bondi filed by MICHAEL M. GORDON. Related document: 1 Complaint filed by MICHAEL M. GORDON.(Lowell, Abbe) (Entered: 07/25/2025)	July 25, 2025	July 25, 2025
6	SUMMONS (1) Issued Electronically as to U.S. Attorney General (Attachments: # 1 Notice and Consent)(zdp) (Entered: 07/25/2025)	July 25, 2025	July 25, 2025
	Case Assigned/Reassigned	July 25, 2025	July 25, 2025
	Notice of Error- New Case	July 25, 2025	July 25, 2025
	Case Assigned to Judge Jia M. Cobb. (zmbs)	July 25, 2025	July 25, 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 summons for US Attorney General using the event Request for Summons to Issue. (zmbs)	July 25, 2025	July 25, 2025
7	NOTICE of Appearance by David A. Kolansky on behalf of All Plaintiffs (Kolansky, David) (Entered: 07/29/2025)	July 29, 2025	July 29, 2025
8	NOTICE of Appearance by Isabella M. Oishi on behalf of All Plaintiffs (Oishi, Isabella) (Entered: 07/29/2025)	July 29, 2025	July 29, 2025
9	MOTION for Leave to Appear Stephen A. Jonas, MOTION for Leave to Appear by Telephone or Video, MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephen A. Jonas, Filing fee $ 100, receipt number ADCDC-11857475. Fee Status: Fee Paid. by MICHAEL M. GORDON, PATRICIA A. HARTMAN, JOSEPH W. TIRRELL. (Attachments: # 1 Affidavit Affidavit, # 2 Supplement Certificate of Good Standing)(Eisen, Norman) (Entered: 07/31/2025)	July 31, 2025	July 31, 2025
10	NOTICE of Appearance by Mark Steven Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 07/31/2025)	July 31, 2025	July 31, 2025
	Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear by Telephone or Video	Aug. 1, 2025	Aug. 1, 2025
	Order on Motion for Leave to Appear AND Order on Motion for Leave to Appear Pro Hac Vice AND Order on Motion for Leave to Appear by Telephone or Video	Aug. 1, 2025	Aug. 1, 2025
	MINUTE ORDER granting 9 Motion for Leave to Appear Pro Hac Vice: Attorney Stephen A. Jonas is hereby admitted pro hac vice to appear in this matter. 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 Jia M. Cobb on August 1, 2025. (lcjmc3)	Aug. 1, 2025	Aug. 1, 2025
11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/4/2025. (Lowell, Abbe) (Entered: 08/08/2025)	Aug. 8, 2025	Aug. 8, 2025
12	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 8/4/2025. Answer due for ALL FEDERAL DEFENDANTS by 10/3/2025. (Lowell, Abbe) (Entered: 08/08/2025)	Aug. 8, 2025	Aug. 8, 2025
13	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. EXECUTIVE OFFICE OF THE PRESIDENT served on 8/4/2025 (Lowell, Abbe) (Entered: 08/08/2025)	Aug. 8, 2025	Aug. 8, 2025 RECAP
14	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 8/4/2025 (Lowell, Abbe) (Entered: 08/08/2025)	Aug. 8, 2025	Aug. 8, 2025 RECAP
15	NOTICE of Appearance by Harold Craig Becker on behalf of All Plaintiffs (Becker, Harold) (Entered: 09/16/2025)	Sept. 16, 2025	Sept. 16, 2025 RECAP
16	NOTICE of Appearance by Cesar Azrak on behalf of All Defendants (Azrak, Cesar) (Entered: 11/25/2025)	Nov. 25, 2025	Nov. 25, 2025 RECAP
17	MOTION to Dismiss for Lack of Jurisdiction by PAMELA J. BONDI, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF THE PRESIDENT, UNITED STATES OF AMERICA. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Proposed Order)(Azrak, Cesar) (Entered: 11/25/2025) 1 Memorandum in Support View on RECAP 2 Exhibit A View on RECAP 3 Proposed Order View on PACER	Nov. 25, 2025	Nov. 25, 2025 RECAP
18	Unopposed MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss for Lack of Jurisdiction by MICHAEL M. GORDON. (Attachments: # 1 Text of Proposed Order)(Kolansky, David) (Entered: 12/03/2025) 1 Text of Proposed Order View on PACER	Dec. 3, 2025	Dec. 3, 2025 RECAP
19	NOTICE of Appearance by Heidi Rhodes Burakiewicz on behalf of All Plaintiffs (Burakiewicz, Heidi) (Entered: 12/03/2025)	Dec. 3, 2025	Dec. 3, 2025
	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines	Dec. 5, 2025	Dec. 5, 2025
	MINUTE ORDER granting 18 Motion for Extension: Having considered the motion, and for good cause shown, the Court GRANTS the motion. It is ORDERED that Plaintiffs' response to the motion to dismiss is due by December 23, 2025. Signed by Judge Jia M. Cobb on December 5, 2025. (lcjmc3)	Dec. 5, 2025	Dec. 5, 2025
20	MOTION for Extension of Time to File Response/Reply as to 17 MOTION to Dismiss for Lack of Jurisdiction by PAMELA J. BONDI, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF THE PRESIDENT, UNITED STATES OF AMERICA. (Attachments: # 1 Proposed Order)(Azrak, Cesar) (Entered: 12/22/2025) 1 Proposed Order View on PACER	Dec. 22, 2025	Dec. 22, 2025 RECAP
	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines	Dec. 22, 2025	Dec. 22, 2025
	MINUTE ORDER granting 20 Motion for Extension of Time to File Reply: Having considered the motion, and for good cause shown, the Court GRANTS the motion. It is further ORDERED that Defendants' reply in support of the 17 motion to dismiss is due by January 20, 2026. Signed by Judge Jia M. Cobb on December 22, 2025. (lcjmc3)	Dec. 22, 2025	Dec. 22, 2025
21	RESPONSE re 17 MOTION to Dismiss for Lack of Jurisdiction filed by MICHAEL M. GORDON, PATRICIA A. HARTMAN. (Attachments: # 1 Exhibit Jackler v. Department of Justice Agency's Motion for Leave to File Additional Pleading and Alternative Motion to Remand, # 2 Exhibit Comans v. Dept of Homeland Security Agency Closing Brief and Motion to Dismiss, # 3 Exhibit Jackler v. Dept of Justice Agencys Petition for Review, # 4 Exhibit Comans v. Dept of Homeland Security Agency Narrative Response and Motion to Dismiss for Lack of Jurisdiction, # 5 Exhibit Burakiewicz Decl.)(Burakiewicz, Heidi) (Entered: 12/23/2025) 1 Exhibit Jackler v. Department of Justice Agency's Motion for Leave to File View on PACER 2 Exhibit Comans v. Dept of Homeland Security Agency Closing Brief and Motion to D View on PACER 3 Exhibit Jackler v. Dept of Justice Agencys Petition for Review View on PACER 4 Exhibit Comans v. Dept of Homeland Security Agency Narrative Response and Motion View on PACER 5 Exhibit Burakiewicz Decl. View on PACER	Dec. 23, 2025	Dec. 23, 2025 RECAP
22	REPLY to opposition to motion re 17 Motion to Dismiss/Lack of Jurisdiction, filed by PAMELA J. BONDI, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF THE PRESIDENT, UNITED STATES OF AMERICA. (Azrak, Cesar) (Entered: 01/20/2026)	Jan. 20, 2026	Jan. 20, 2026 RECAP
23	NOTICE OF SUPPLEMENTAL AUTHORITY by MICHAEL M. GORDON, PATRICIA A. HARTMAN, JOSEPH W. TIRRELL (Becker, Harold) (Entered: 02/18/2026)	Feb. 18, 2026	Feb. 18, 2026 RECAP