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.

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

Documents in the Clearinghouse

Documents in this case

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 Sept. 6, 2026, 3:48 a.m.

Docket for: GORDON v. EXECUTIVE OFFICE OF THE PRESIDENT

ECF Number	Date	Description	Link
1	July 24, 2025	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	Clearinghouse
2	July 24, 2025	SEALED DOCUMENT filed by Michael M. Gordon(This document is SEALED and only available to authorized persons.)(Lowell, Abbe) (Entered: 07/24/2025)	RECAP
3	July 25, 2025	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)	RECAP
4	July 25, 2025	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	Clearinghouse
5	July 25, 2025	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)	RECAP
6	July 25, 2025	SUMMONS (1) Issued Electronically as to U.S. Attorney General (Attachments: # 1 Notice and Consent)(zdp) (Entered: 07/25/2025)	RECAP
	July 25, 2025	Case Assigned/Reassigned
	July 25, 2025	Notice of Error- New Case
	July 25, 2025	Case Assigned to Judge Jia M. Cobb. (zmbs)
	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)
7	July 29, 2025	NOTICE of Appearance by David A. Kolansky on behalf of All Plaintiffs (Kolansky, David) (Entered: 07/29/2025)	RECAP
8	July 29, 2025	NOTICE of Appearance by Isabella M. Oishi on behalf of All Plaintiffs (Oishi, Isabella) (Entered: 07/29/2025)	RECAP
9	July 31, 2025	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)	RECAP
10	July 31, 2025	NOTICE of Appearance by Mark Steven Zaid on behalf of All Plaintiffs (Zaid, Mark) (Entered: 07/31/2025)	RECAP
	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	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	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)
11	Aug. 8, 2025	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)	RECAP
12	Aug. 8, 2025	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)	RECAP
13	Aug. 8, 2025	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)	RECAP
14	Aug. 8, 2025	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. DEPARTMENT OF JUSTICE served on 8/4/2025 (Lowell, Abbe) (Entered: 08/08/2025)	RECAP
15	Sept. 16, 2025	NOTICE of Appearance by Harold Craig Becker on behalf of All Plaintiffs (Becker, Harold) (Entered: 09/16/2025)	RECAP
16	Nov. 25, 2025	NOTICE of Appearance by Cesar Azrak on behalf of All Defendants (Azrak, Cesar) (Entered: 11/25/2025)	RECAP
17	Nov. 25, 2025	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	RECAP
18	Dec. 3, 2025	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	RECAP
19	Dec. 3, 2025	NOTICE of Appearance by Heidi Rhodes Burakiewicz on behalf of All Plaintiffs (Burakiewicz, Heidi) (Entered: 12/03/2025)	RECAP
	Dec. 5, 2025	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines
	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)
20	Dec. 22, 2025	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	RECAP
	Dec. 22, 2025	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines
	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)
21	Dec. 23, 2025	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	RECAP
22	Jan. 20, 2026	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)	RECAP
23	Feb. 18, 2026	NOTICE OF SUPPLEMENTAL AUTHORITY by MICHAEL M. GORDON, PATRICIA A. HARTMAN, JOSEPH W. TIRRELL (Becker, Harold) (Entered: 02/18/2026)	RECAP
24	April 20, 2026	NOTICE of Filing of Relevant District Court Decision by MICHAEL M. GORDON, PATRICIA A. HARTMAN, JOSEPH W. TIRRELL re 21 Response to motion,, (Attachments: # 1 Exhibit 1 - Comans EDVA Decision)(Zaid, Mark) (Entered: 04/20/2026) 1 Exhibit 1 - Comans EDVA Decision View on RECAP	RECAP
25	April 28, 2026	NOTICE of Filing of Relevant District Court Decision by MICHAEL M. GORDON, PATRICIA A. HARTMAN, JOSEPH W. TIRRELL re 21 Response to motion,, (Attachments: # 1 Exhibit 1 - SDNY Comey Decision)(Zaid, Mark) (Entered: 04/28/2026) 1 Exhibit 1 - SDNY Comey Decision View on RECAP	RECAP
26	July 16, 2026	NOTICE of Appearance by Steven Chasin on behalf of All Defendants (Chasin, Steven) (Entered: 07/16/2026)	RECAP
27	July 21, 2026	NOTICE OF WITHDRAWAL OF APPEARANCE as to PAMELA J. BONDI, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF THE PRESIDENT, UNITED STATES OF AMERICA. Attorney Cesar Azrak terminated. (Azrak, Cesar) (Entered: 07/21/2026)	RECAP
28	July 22, 2026	NOTICE OF SUPPLEMENTAL AUTHORITY by MICHAEL M. GORDON, PATRICIA A. HARTMAN, JOSEPH W. TIRRELL (Attachments: # 1 Exhibit)(Becker, Harold) (Entered: 07/22/2026) 1 Exhibit View on PACER	RECAP
	Aug. 18, 2026	.Order AND ~Util - Set/Reset Deadlines
	Aug. 18, 2026	MINUTE ORDER: Plaintiffs have filed three notices of supplemental authority, ECF 24, ECF 25, and ECF 28, related to other district court decisions involving "the Executive Branch use of Article II for the basis of employment termination" and the Civil Service Reform Act. ECF 24 at 1. The Court ORDERS Defendants to file a response to those notices addressing the courts' reasoning in those decisions and its relevance to this case. In that response, Defendants should address their understanding of 5 U.S.C. § 7513(a), (b), and (d), as well as 5 U.S.C. § 7543(a), (b), and (d). Defendants' response is due on September 1, 2026. Plaintiffs may file a reply by September 15, 2026. Signed by Judge Jia M. Cobb on August 18, 2026. (lcjmc3)
29	Aug. 26, 2026	Unopposed MOTION for Extension of Time to File Response/Reply Pursuant to the Court's August 18, 2026 Minute Order by PAMELA J. BONDI, DEPARTMENT OF JUSTICE, EXECUTIVE OFFICE OF THE PRESIDENT, UNITED STATES OF AMERICA. (Attachments: # 1 Text of Proposed Order)(Chasin, Steven) (Entered: 08/26/2026) 1 Text of Proposed Order View on PACER	RECAP
	Aug. 27, 2026	Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines
	Aug. 27, 2026	MINUTE ORDER granting 29 Motion for Extension of Time: Having considered the motion, and for good cause shown, the Court GRANTS the motion. Defendants' response is due on September 15, 2026, and Plaintiffs' reply is due on September 29, 2026. Signed by Judge Jia M. Cobb on August 27, 2026. (lcjmc3)

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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

Appointments/Civil Service

Key Dates

Filing Date: July 24, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three former federal employees

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Executive Office of the President

U.S. Department of Justice

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

All Writs Act, 28 U.S.C. § 1651

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Other Dockets:

District of District of Columbia 1:25-cv-02409

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Discharge & termination plans

Presidential/Gubernatorial Authority:

Civil Service

Recommended Citation

Case Summary of Gordon v. Executive Office of the President, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46817/ (last updated 10/17/2025).