Case: Comans v. Executive Office of the President

Complaint ( Filing fee $ 405, receipt number AVAEDC-10307370.), filed by Mary Comans. (Attachments: # 1 Civil Cover Sheet)(Byrnes, Kevin) (Entered: 07/24/2025)

1 Civil Cover Sheet

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Proposed Summons re 1 Complaint by Mary Comans (Byrnes, Kevin) (Entered: 07/24/2025)

Initial Case Assignment to District Judge Michael S Nachmanoff and Magistrate Judge William E. Fitzpatrick. (dvanm)

Summons Issued as to Department of Homeland Security, Executive Office of the President, United States Of America, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice)(dvanm) (Entered: 07/25/2025)

Motion to appear Pro Hac Vice by Taryn Carpenter Wilgus Null and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number AVAEDC-10309732. by Mary Comans. (Byrnes, Kevin) (Entered: 07/25/2025)

Motion to appear Pro Hac Vice by Margaret Donovan and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number AVAEDC-10309760. by Mary Comans. (Byrnes, Kevin) (Entered: 07/25/2025)

Motion to appear Pro Hac Vice by Abbe David Lowell and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number AVAEDC-10309763. by Mary Comans. (Byrnes, Kevin) (Entered: 07/25/2025)

ORDER granting 4 Motion for Pro hac vice. Appointed Taryn Carpenter Wilgu Null for Mary Comans. Signed by District Judge Michael S Nachmanoff on 7/29/2025. (kgall) (Entered: 07/29/2025)

ORDER granting 5 Motion for Pro hac vice. Appointed Margaret Donovan for Mary Comans. Signed by District Judge Michael S Nachmanoff on 7/29/2025. (kgall) (Entered: 07/29/2025)

ORDER granting 6 Motion for Pro hac vice. Appointed Abbe David Lowell for Mary Comans. Signed by District Judge Michael S Nachmanoff on 7/29/2025. (kgall) (Entered: 07/29/2025)

Motion to appear Pro Hac Vice by Norman Larry Eisen and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number AVAEDC-10314475. by Mary Comans. (Byrnes, Kevin) (Entered: 07/29/2025)

Motion to appear Pro Hac Vice by Mark S. Zaid and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number AVAEDC-10314485. by Mary Comans. (Byrnes, Kevin) (Entered: 07/29/2025)

Motion to appear Pro Hac Vice by Bradley Prescott Moss and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number AVAEDC-10314513. by Mary Comans. (Byrnes, Kevin) (Entered: 07/29/2025)

ORDER granting 10 Motion for Pro hac vice. Appointed Norman L. Eisen for Mary Comans. Signed by District Judge Michael S Nachmanoff on 7/31/2025. (kgall) (Entered: 07/31/2025)

ORDER granting 11 Motion for Pro hac vice. Appointed Mark Steven Zaid for Mary Comans. Signed by District Judge Michael S Nachmanoff on 7/31/2025. (kgall) (Entered: 07/31/2025)

ORDER granting 12 Motion for Pro hac vice. Appointed Bradley Prescott Moss for Mary Comans. Signed by District Judge Michael S Nachmanoff on 7/31/2025. (kgall) (Entered: 07/31/2025)

SUMMONS Returned Executed by Mary Comans. The Executive Office of The President served 9/22/25; Department of Homeland Security served 09/22/25; Attorney General served 9/22/25; USAO served 9/22/25. Answer due November 21, 2025. (Byrnes, Kevin) Modified to correct text on 10/14/2025 (dvanm). (Entered: 10/13/2025)

MOTION for Extension of Time to File Response/Reply as to 1 Complaint Due to Lapse in Appropriations by Department of Homeland Security, Executive Office of the President, United States Of America. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 11/10/2025)

1 Proposed Order

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Waiver of re 17 MOTION for Extension of Time to File Response/Reply as to 1 Complaint Due to Lapse in Appropriations (Hearing) by Department of Homeland Security, Executive Office of the President, United States Of America (Mezger, Matthew) (Entered: 11/10/2025)

MOTION for Extension of Time to File Response/Reply as to 1 Complaint Due to Lapse in Appropriations (CORRECTED) by Department of Homeland Security, Executive Office of the President, United States Of America. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 11/10/2025)

1 Proposed Order

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ORDERED that the Motion (ECF 19) is GRANTED IN PART, and it is further ORDERED that Defendants shall file their response to the Complaint on or before January 5, 2025; and it is further ORDERED that any opposition and reply to any motion to dismiss filed by Defendants shall be filed according to the schedule set forth in the Local Civil Rules. Signed by District Judge Michael S Nachmanoff on 11/14/2025. (swil) (Entered: 11/14/2025)

Motion to appear Pro Hac Vice by Heidi Rhodes Burakiewicz and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number AVAEDC-10622845. by Mary Comans. (Byrnes, Kevin) (Entered: 12/03/2025)

ORDER granting 21 Motion for Pro hac vice Appointed Heidi Rhodes Burakiewicz for Mary Comans. Signed by District Judge Michael S Nachmanoff on 12/4/2025. (swil) (Entered: 12/05/2025)

Motion to appear Pro Hac Vice by Harold Craig Becker and Certification of Local Counsel Kevin E. Byrnes Filing fee $ 75, receipt number AVAEDC-10654045. by Mary Comans. (Byrnes, Kevin) (Entered: 12/17/2025)

ORDER granting 23 Motion for Pro hac vice Appointed Harold Craig Becker for Mary Comans. Signed by District Judge Michael S Nachmanoff on 12/18/2025. (swil) (Entered: 12/19/2025)

NOTICE of Appearance by Cesar Azrak on behalf of Department of Homeland Security, Executive Office of the President, United States Of America (Azrak, Cesar) (Entered: 12/30/2025)

MOTION to Dismiss for Lack of Jurisdiction by Department of Homeland Security, Executive Office of the President, United States Of America. (Mezger, Matthew) (Entered: 01/05/2026)

Memorandum in Support re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Department of Homeland Security, Executive Office of the President, United States Of America. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B, # 3 Exhibit Ex. C)(Mezger, Matthew) (Entered: 01/05/2026)

Notice of Hearing Date re 26 MOTION to Dismiss for Lack of Jurisdiction, 27 Memorandum in Support, (Mezger, Matthew) (Entered: 01/05/2026)

Set Deadline as to 26 MOTION to Dismiss for Lack of Jurisdiction. Motion Hearing set for 2/13/2026 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S. Nachmanoff. (triv)

Memorandum in Opposition re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Mary Comans. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Byrnes, Kevin) (Entered: 01/20/2026)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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EXHIBIT CORRECTION OF ECF 29-7 by Mary Comans.. (Byrnes, Kevin) (Entered: 01/21/2026)

REPLY in Support in re 26 MOTION to Dismiss for Lack of Jurisdiction filed by Department of Homeland Security, Executive Office of the President, United States Of America. (Mezger, Matthew) (Entered: 01/26/2026)

MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss for Lack of Jurisdiction, Unopposed by Mary Comans. (Attachments: # 1 Exhibit Sur-Reply in Opposition to Motion to Dismiss)(Byrnes, Kevin) (Entered: 02/02/2026)

NOTICE of Waiver of Oral Argument re 32 MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss for Lack of Jurisdiction, Unopposed by Mary Comans (Byrnes, Kevin) (Entered: 02/02/2026)

Minute Entry for proceedings held before District Judge Michael S Nachmanoff: Motion Hearing held on 2/13/2026. Counsel Harold Becker and Kevin Byrnes appeared with Plaintiff. Counsel Cesar Azrak and Matthew Mezger appeared on behalf of Defendants. MOTION to Dismiss for Lack of Jurisdiction re 26 argued and TAKEN UNDER ADVISEMENT. MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss for Lack of Jurisdiction, Unopposed re 32 - GRANTED. Order to follow. (Court Reporter D. Salters.)(lcre, ) (Entered: 02/13/2026)

TRANSCRIPT of motion proceedings held on 2-13-26 before Judge Michael S. Nachmanoff. Court Reporter Diane Salters, Telephone number 301-338-8033. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 3/19/2026. Redacted Transcript Deadline set for 4/20/2026. Release of Transcript Restriction set for 5/18/2026.(Salters, Diane) (Entered: 02/17/2026)

NOTICE by Mary Comans re 29 Memorandum in Opposition, 32 MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss for Lack of Jurisdiction, Unopposed Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss (Byrnes, Kevin) (Entered: 02/20/2026)

Second NOTICE of Supplemental Authority in Opposition to Defendants' Motion to Dismiss by Mary Comans re 36 NOTICE, 29 Memorandum in Opposition, 32 MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss for Lack of Jurisdiction, Unopposed Second Notice of Supplemental Authority in Opposition to Defendants' Motion to Dismiss (Attachments: # 1 Exhibit)(Byrnes, Kevin) (Entered: 03/13/2026)

NOTICE by Mary Comans re 37 NOTICE, 36 NOTICE, 29 Memorandum in Opposition, 32 MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss for Lack of Jurisdiction, Unopposed (Attachments: # 1 Exhibit)(Byrnes, Kevin) (Entered: 03/27/2026)

ORDERED that, on or before Tuesday. April 7, 2026, the parties shall each file a brief of no more than fifteen (15) pages addressing whether the MSPB has jurisdiction over Plaintiff's claims based on the interaction between 5 U.S.C. §§ 7542, 7543(a), (b), (d). Thereafter, no opposition or reply shall be pennitted without fuilher order of this Court. Signed by District Judge Michael S Nachmanoff on 3/31/2026. (swil) (Entered: 03/31/2026)

Memorandum Concerning MSPB Jurisdiction to 39 Order, filed by Mary Comans. (Byrnes, Kevin) (Entered: 04/07/2026)

Memorandum Regarding MSPB Jurisdiction to 39 Order, filed by Department of Homeland Security, Executive Office of the President, United States Of America. (Mezger, Matthew) (Entered: 04/07/2026)

ORDERED that Defendants' Motion to Dismiss (ECF 26) is GRANTED IN PART and DENIED IN PART; and it is further ORDERED that Counts III, IV and V are DISMISSED without prejudice; and it is further ORDERED that Plaintiff's request for backpay and/or monetary damages is DISMISSED without prejudice; and it is further ORDERED that Plaintiff's Motion for Leave to File Sur-Reply (ECF 32) is GRANTED; and it is further ORDERED that Defendants will respond to the Complaint within fourteen (14) days of the entry of this Order. Signed by District Judge Michael S. Nachmanoff on 4/15/2026. (dzir) (Entered: 04/15/2026)

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Department of Homeland Security, Executive Office of the President, United States Of America. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 04/24/2026)

ORDER: This matter comes before the Court on Defendants' Consent Motion for an Enlargement of Time to Respond to Plaintiff's Complaint. Upon consideration thereof and for good cause shown, it is hereby ORDERED that Defendants' Consent Motion is GRANTED; and it is further ORDERED that Defendants shall respond to Plaintiff's Complaint on or before May 20,2026. Signed by District Judge Michael S Nachmanoff on 4/24/26. (yguy) (Entered: 04/28/2026)

MOTION for Partial Summary Judgment by Mary Comans. (Attachments: # 1 Proposed Order)(Byrnes, Kevin) (Entered: 05/08/2026)

Memorandum in Support re 45 MOTION for Partial Summary Judgment filed by Mary Comans. (Attachments: # 1 Exhibit 1, # 2 Exhibit Statement of Undisputed Facts)(Byrnes, Kevin) (Entered: 05/08/2026)

Notice of Hearing Date set for 06/26/2026 re 46 Memorandum in Support, 45 MOTION for Partial Summary Judgment (Byrnes, Kevin) (Entered: 05/08/2026)

Motion Hearing set for 6/26/2026 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S. Nachmanoff as to 45 MOTION for Partial Summary Judgment. (dzir)

Joint MOTION by Department of Homeland Security, Executive Office of the President, United States Of America. (Attachments: # 1 Proposed Order)(Azrak, Cesar) (Entered: 05/19/2026)

1 Proposed Order

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NOTICE of Waiver of Oral Argument, filed by Department of Homeland Security, Executive Office of the President, United States Of America re 48 Joint MOTION (Azrak, Cesar) (Entered: 05/21/2026)

ORDER that the Parties' 48 Joint Motion for Briefing Schedule, Continuance of Hearing and Extension of Answer Deadline is GRANTED (see Order for details). Signed by District Judge Michael S Nachmanoff on 05/21/26. (pmil, ) (Entered: 05/21/2026)

Notice of Correction: Filing user has been notified to file a notice of hearing or waiver of oral argument re 48 Joint MOTION (lcre, )

Reset Deadline as to 45 MOTION for Partial Summary Judgment. Motion Hearing set for 7/10/2026 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (pmil, )

NOTICE of Appearance by Kevin Carroll on behalf of Mary Comans . (Carroll, Kevin) Modified text to correct filing event on 5/27/2026 (Dest). (Entered: 05/27/2026)

Notice of Correction re 51 First MOTION for Leave to Appear Counsel Kevin Carroll. The document was filed using the wrong docket event. The "Notice of Appearance" event was incorrectly filed as "Motion for Leave to Appear Counsel." The clerk's office staff corrected this error. No further action is required at this time. (Dest)

Joint MOTION by Department of Homeland Security, Executive Office of the President, United States Of America. (Attachments: # 1 Proposed Order, # 2 Joint Notice of Hearing Waiver)(Azrak, Cesar) (Entered: 05/28/2026)

1 Proposed Order

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2 Joint Notice of Hearing Waiver

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ORDER granting 52 Motion (See Order for Details). Signed by Magistrate Judge William E. Fitzpatrick on 5/28/2026. (lcre, ) (Entered: 05/29/2026)

Reset Deadlines as to 45 MOTION for Partial Summary Judgment . Motion Hearing reset for 7/17/2026 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (lcre, )

Cross MOTION for Summary Judgment by Department of Homeland Security, Executive Office of the President, United States Of America. (Mezger, Matthew) (Entered: 06/08/2026)

Memorandum in Support re 54 Cross MOTION for Summary Judgment filed by Department of Homeland Security, Executive Office of the President, United States Of America. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B)(Mezger, Matthew) (Entered: 06/08/2026)

Notice of Hearing Date re 54 Cross MOTION for Summary Judgment, 55 Memorandum in Support, (Mezger, Matthew) (Entered: 06/08/2026)

Memorandum in Opposition re 45 MOTION for Partial Summary Judgment filed by Department of Homeland Security, Executive Office of the President, United States Of America. (Attachments: # 1 Exhibit Ex. A, # 2 Exhibit Ex. B)(Mezger, Matthew) (Entered: 06/08/2026)

Motion Hearing set for 7/17/2026 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S. Nachmanoff as to 54 Cross MOTION for Summary Judgment. (dzir)