Case: Comans v. Executive Office of the President

1:25-cv-01237 | U.S. District Court for the Eastern District of Virginia

Filed Date: July 24, 2025

Case Ongoing

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Case Summary

This case challenges the legality of the Federal Emergency Management Agency’s (FEMA) February 11, 2025, firing of FEMA's Chief Financial Officer (CFO). On February 11, 2025, the plaintiff received a memorandum stating: This is an official notice that, effective immediately, you are being removed from your position with the Federal Emergency Management Agency and from Federal service. This action is being taken pursuant to Article II of the United States Constitution, at the direction of the P…

This is an official notice that, effective immediately, you are being removed from your position with the Federal Emergency Management Agency and from Federal service. This action is being taken pursuant to Article II of the United States Constitution, at the direction of the President. Article II, § 1 states that the executive Power “shall be vested in a President of the United States of America,” and this termination is an exercise of that vested power.

The memorandum did not assert that the plaintiff was being terminated for cause or that she had failed in any way to faithfully execute the law. However, according to applicable statutes, employees (such as the plaintiff) can be removed for "misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function." Statutory protections also include a 30-day notice before termination, along with an opportunity to hire counsel and rebut any claims of wrongdoing. The complaint alleged that none of these procedures were followed. However, the Department of Homeland Security (DHS) did announce that the plaintiff had been fired "for circumventing leadership to unilaterally make egregious payments for luxury NYC hotels for migrants."

Prior to her termination, President Trump issued an Executive Order on January 20, 2025, entitled “Restoring Accountability for Career Senior Executives” (SES EO) directing federal agencies to “take all appropriate actions”, including removal, of any Senior Executive Service official whose performance was not aligned with the Administration’s priorities.

On July 24, 2025, the plaintiff sued the Executive Office of the President (EOP), DHS, and the United States in the District Court for the Eastern District of Virginia. Represented by private counsel and counsel from the Democracy Defenders Fund, the plaintiff alleged that her termination was unconstitutional under Articles I and II of the Constitution and the Fifth Amendment's Due Process Clause. The complaint also claimed that her termination was ultra vires and violated the Administrative Procedure Act (APA). Additionally, the plaintiff claimed that her suit was not covered by the Civil Service Reform Act's (CSRA) scheme of administrative review before the Merit System Protection Board (MSPB) due to President Trump's actions in terminating one member of the Board. The plaintiff argued that at the time of the filing of the complaint, the MSPB lacked a quorum, and, therefore, Congress's purpose in enacting the CSRA had been frustrated.

The plaintiff sought declaratory judgment that the defendants' actions were unlawful, an order mandating her reinstatement, and a monetary award for her backpay and any other relief the court deemed proper.

The case was assigned to District Judge Michael S Nachmanoff.

The plaintiff had also previously sued DHS and FEMA in the District Court for the District of Columbia on March 4, 2025 (Comans v. Department of Homeland Security, No. 1:25-cv-00624). That case did not contain allegations concerning the Merit System Protection Board.

On January 5, 2026, the defendants moved to dismiss the case for lack of jurisdiction, arguing that CSRA precluded this court’s jurisdiction over the plaintiff’s claims, requiring that the case be reviewed by the MSPB instead. The court held a hearing on this motion on February 13, 2026, and on March 31, 2026, directed the parties to brief it on whether MSPB had jurisdiction over the plaintiff’s claims.

On April 15, 2026, the court granted the defendants' motion to dismiss in part and denied it in part. The court granted defendants' motion to dismiss the plaintiffs' APA claims, constitutional challenge to the SES EO, and request for backpay and monetary damages without prejudice. The court denied the defendants' motion to dismiss the plaintiffs' action with respect to the plaintiff’s other claims. The court held that because the defendants maintained that the plaintiff had been removed from her position via Article II presidential removal powers, the CSRA precluded the plaintiff’s APA claims, and the MSPB was the appropriate mechanism for such claims to be reviewed. With regards to the plaintiff’s request for backpay and monetary damages, the court held that none of the claims pleaded in the complaint permitted the court to provide this relief due to the sovereign immunity of the EOP against financial liability absent a statute, which the plaintiff did not cite to in her complaint. The court further found that the plaintiff’s constitutional challenge to the SES EO lacked article III standing because the plaintiff’s complaint did not allege that her termination related to the SES EO. The court did find, though, that it had jurisdiction over the plaintiff’s due process claims because she was entitled to procedural due process as she could only be removed from her role for specific causes and there was no alternative remedy she could seek as the MSPB could not resolve these claims. 2026 WL 1132803.

The plaintiff moved for partial summary judgment on her procedural due process claims on May 8, 2026. The following month, on June 8, 2026, the defendants filed a cross-motion for summary judgment. The court held a hearing on these motions on July 17, 2026.

On July 21, 2026, the court granted the plaintiff’s motion for summary judgment on her procedural due process claims and granted the defendant’s cross-motion for summary judgment on the plaintiff’s claim for writ of mandamus because it was moot after ruling in favor of the plaintiff on her constitutional claims. Additionally, the court declared that the defendants deprived the plaintiff of her property interest in her continued federal employment without due process of the law, and the defendants deprived the plaintiff of her liberty interest in her good name without due process of the law. With respect to the deprivation of the plaintiff’s liberty interest, the court ordered a name-clearing hearing be held before Magistrate Judge William E. Fitzpatrick. 2026 WL 2100037.

The court first held that the CSRA vested the plaintiff with a property interest in her continued employment, and there was no dispute that she had been fired without any reason or process. Additionally, the court explained that the Supreme Court has repeatedly held that the President does not have any absolute power to remove inferior officers, and Congress regulates the method by which those officers can be removed. Thus, the court found that the plaintiff was entitled to summary judgment and declaratory judgment on the procedural due process property right claim. The court further held that the plaintiff was not afforded the opportunity to refute accusations made by the defendants about her – such as that she had made “egregious payments for luxury NYC hotels for migrants – and that this amounted to the denial of adequate procedure. Thus, the plaintiff was entitled to summary judgment, a declaratory judgment, and a name-clearing hearing on her claim on her procedural due process liberty interest claim. The parties were ordered to submit a joint proposal on how to proceed with the name-clearing hearing.

As of August 6, 2026, this case is ongoing.

Summary Authors

Kara Wilczynski (8/10/2026)

Jeremiah Price (7/31/2025)

Nick Martire (12/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70908189/parties/comans-v-executive-office-of-the-president/

Judge(s)

Attorney for Plaintiff

Becker, Harold Craig (Virginia)

Burakiewicz, Heidi Rhodes (Virginia)

Byrnes, Kevin Edward (Virginia)

Carroll, Kevin Thomas (Virginia)

Attorney for Defendant

Azrak, Cesar (Virginia)

Judge(s)

Nachmanoff, Michael S. (Virginia)

Attorney for Plaintiff

Becker, Harold Craig (Virginia)

Burakiewicz, Heidi Rhodes (Virginia)

Byrnes, Kevin Edward (Virginia)

Carroll, Kevin Thomas (Virginia)

Donovan, Margaret (Virginia)

Eisen, Norman L. (Virginia)

Lowell, Abbe David (Virginia)

Moss, Bradley Prescott (Virginia)

Null, Taryn Carpenter (Virginia)

Zaid, Mark Steven (Virginia)

Attorney for Defendant

Azrak, Cesar (Virginia)

Chasin, Steven (Virginia)

Mezger, Matthew J. (Virginia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:25-cv-01237	Complaint	July 24, 2025	July 24, 2025 Complaint
42 1:25-cv-01237	Order Comans v. Executive Office of the President et al.	April 15, 2026	April 15, 2026 Order/Opinion 2026 WL 1132803
64 1:25-cv-01237	Memorandum Opinion and Order Comans v. Executive Office of the President et al.	July 21, 2026	July 21, 2026 Order/Opinion 2026 WL 2100037

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Resources

Resources related to this case
Title	Description		External URL Date / External URL
Restoring Accountability for Career Senior Executives	Memorandum for the Heads of Executive Departments and Agencies	Jan. 30, 2025	Jan. 30, 2025 https://www.federalregister.gov/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/70908189/comans-v-executive-office-of-the-president/

Last updated Sept. 23, 2026, 4:21 a.m.

Docket for: Comans v. Executive Office of the President

ECF Number	Date	Description	Link
1	July 24, 2025	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 View on PACER	Clearinghouse
2	July 24, 2025	Proposed Summons re 1 Complaint by Mary Comans (Byrnes, Kevin) (Entered: 07/24/2025)	RECAP
	July 24, 2025	Initial Case Assignment to District Judge Michael S Nachmanoff and Magistrate Judge William E. Fitzpatrick. (dvanm)
3	July 25, 2025	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) 1 Notice View on RECAP	RECAP
4	July 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)	RECAP
5	July 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)	RECAP
6	July 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)	RECAP
7	July 29, 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)	RECAP
8	July 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)	RECAP
9	July 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)	RECAP
10	July 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)	RECAP
11	July 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)	RECAP
12	July 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)	RECAP
13	July 31, 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)	RECAP
14	July 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)	RECAP
15	July 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)	RECAP
16	Oct. 13, 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)	RECAP
17	Nov. 10, 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 View on PACER	RECAP
18	Nov. 10, 2025	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)	RECAP
19	Nov. 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 View on PACER	RECAP
20	Nov. 14, 2025	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)	RECAP
21	Dec. 3, 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)	RECAP
22	Dec. 4, 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)	RECAP
23	Dec. 17, 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)	RECAP
24	Dec. 18, 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)	RECAP
25	Dec. 30, 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)	RECAP
26	Jan. 5, 2026	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)	RECAP
27	Jan. 5, 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) 1 Exhibit Ex. A View on PACER 2 Exhibit Ex. B View on PACER 3 Exhibit Ex. C View on PACER	RECAP
28	Jan. 5, 2026	Notice of Hearing Date re 26 MOTION to Dismiss for Lack of Jurisdiction, 27 Memorandum in Support, (Mezger, Matthew) (Entered: 01/05/2026)	RECAP
	Jan. 6, 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)
29	Jan. 20, 2026	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 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER	RECAP
30	Jan. 21, 2026	EXHIBIT CORRECTION OF ECF 29-7 by Mary Comans.. (Byrnes, Kevin) (Entered: 01/21/2026)	RECAP
31	Jan. 26, 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)	RECAP
32	Feb. 2, 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) 1 Exhibit Sur-Reply in Opposition to Motion to Dismiss View on RECAP	RECAP
33	Feb. 2, 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)	RECAP
34	Feb. 13, 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)	RECAP
35	Feb. 17, 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)	RECAP
36	Feb. 20, 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)	RECAP
37	March 13, 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) 1 Exhibit View on RECAP	RECAP
38	March 27, 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) 1 Exhibit View on RECAP	RECAP
39	March 31, 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)	RECAP
40	April 7, 2026	Memorandum Concerning MSPB Jurisdiction to 39 Order, filed by Mary Comans. (Byrnes, Kevin) (Entered: 04/07/2026)	RECAP
41	April 7, 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)	RECAP
42	April 15, 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)	Clearinghouse
43	April 24, 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) 1 Proposed Order View on RECAP	RECAP
44	April 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)	RECAP
45	May 8, 2026	MOTION for Partial Summary Judgment by Mary Comans. (Attachments: # 1 Proposed Order)(Byrnes, Kevin) (Entered: 05/08/2026) 1 Proposed Order View on RECAP	RECAP
46	May 8, 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) 1 Exhibit 1 View on PACER 2 Exhibit Statement of Undisputed Facts View on PACER	RECAP
47	May 8, 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)	RECAP
	May 11, 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)
48	May 19, 2026	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 View on PACER	RECAP
49	May 21, 2026	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)	RECAP
50	May 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)	RECAP
	May 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, )
	May 21, 2026	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, )
51	May 27, 2026	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)	RECAP
	May 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)
52	May 28, 2026	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 View on PACER 2 Joint Notice of Hearing Waiver View on PACER	RECAP
53	May 29, 2026	ORDER granting 52 Motion (See Order for Details). Signed by Magistrate Judge William E. Fitzpatrick on 5/28/2026. (lcre, ) (Entered: 05/29/2026)	RECAP
	May 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, )
54	June 8, 2026	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)	RECAP
55	June 8, 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) 1 Exhibit Ex. A View on RECAP 2 Exhibit Ex. B View on RECAP	RECAP
56	June 8, 2026	Notice of Hearing Date re 54 Cross MOTION for Summary Judgment, 55 Memorandum in Support, (Mezger, Matthew) (Entered: 06/08/2026)	RECAP
57	June 8, 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) 1 Exhibit Ex. A View on RECAP 2 Exhibit Ex. B View on RECAP	RECAP
	June 9, 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)
58	June 25, 2026	Reply to Motion re 54 Cross MOTION for Summary Judgment PLAINTIFFS COMBINED OPPOSITION TO DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT AND REPLY IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT filed by Mary Comans. (Attachments: # 1 Affidavit Second Declaration of Mary Comans)(Carroll, Kevin) (Entered: 06/25/2026) 1 Affidavit Second Declaration of Mary Comans View on RECAP	RECAP
59	July 9, 2026	ORDERED that on or before Friday, July 10, 2026, Plaintiff will file a copy of the referenced SF50 on the docket. Signed by District Judge Michael S Nachmanoff on 7/9/2026. (kgall) (Entered: 07/09/2026)	RECAP
60	July 9, 2026	REPLY to Response to Motion re 54 Cross MOTION for Summary Judgment filed by Department of Homeland Security, Executive Office of the President, United States Of America. (Mezger, Matthew) (Entered: 07/09/2026)	RECAP
61	July 10, 2026	AFFIDAVIT in Opposition re 54 Cross MOTION for Summary Judgment Docket No. 58-1: Second Declaration of Mary Comans in Support of Plaintiffs Opposition to Defendants Cross-Motion for Summary Judgment and Reply in Support of Plaintiffs Motion for Summary Judgment filed by Mary Comans. (Carroll, Kevin) (Entered: 07/10/2026)	RECAP
62	July 16, 2026	NOTICE of Appearance by Steven Chasin on behalf of Department of Homeland Security, Executive Office of the President, United States Of America (Chasin, Steven) (Entered: 07/16/2026)	RECAP
63	July 17, 2026	Minute Entry for proceedings held before District Judge Michael S Nachmanoff: Motion Hearing held on 7/17/2026. Counsel Harold Becker, Kevin Carroll, and Taryn Null appeared on behalf of Plaintiff. Counsel Cesar Azsrakk, Steven Chasin, and Matthew Mezger appeared on behalf of Defendants. MOTION for Partial Summary Judgment re4 45 - Granted in Part and Denied in Part as articulated in open court. Cross MOTION for Summary Judgment re 54 - Granted in Part and Denied in Part as articulated in open court. Parties directed to confer with respect to name clearing hearing file a joint proposal as articulated in open court. Order to follow. (Court Reporter M. Donath.)(lcre, ) (Entered: 07/21/2026)	RECAP
64	July 21, 2026	ORDERED that Plaintiff's Motion for Partial Summary Judgment re 45 is GRANTED as to Counts I and II. ORDERED that Defendants' Cross-Motion for Summary Judgment re 54 is GRANTED as to Count VII. ORDERED that the parties' Motions (re 45, 54 ) are otherwise DENIED. It is further DECLARED that Defendants deprived Plaintiff of her property interest in continued federal employment without due process of law; and it is further DECLARED that Defendants deprived Plaintiff of her liberty interest in her good name without due process of law. ORDERED that a name-clearing hearing will be held in this matter before the Honorable United States Magistrate Judge William E. Fitzpatrick. ORDERED that on or before July 31, 2026, the parties will submit a joint proposal outlining the procedure for the name-clearing hearing (See Order for Details). Signed by District Judge Michael S Nachmanoff on 7/21/2026. (lcre, ) (Entered: 07/21/2026)	Clearinghouse
65	July 21, 2026	Rule 58 Judgment. Signed by Clerk on 7/21/2026. (lcre, ) (Entered: 07/21/2026)	RECAP
66	July 21, 2026	MOTION to Withdraw as Attorney by Department of Homeland Security, Executive Office of the President, United States Of America. (Azrak, Cesar) (Entered: 07/21/2026)	RECAP
67	July 21, 2026	NOTICE OF APPEAL as to 64 Memorandum Opinion,,, 65 Judgment, 42 Order on Motion for Leave to File,,, Order on Motion to Dismiss/Lack of Jurisdiction,, by Department of Homeland Security, Executive Office of the President, United States Of America. (Mezger, Matthew) (Entered: 07/21/2026)	RECAP
68	July 22, 2026	ORDERED the Motion (Dkt. 66) is GRANTED. Signed by Magistrate Judge William E. Fitzpatrick on 7/22/2026. (dzir) (Entered: 07/22/2026)	RECAP
69	July 31, 2026	Joint Submission Concerning Name-Clearing Hearing in re 64 ORDER, filed by Department of Homeland Security, Executive Office of the President, United States Of America. (Mezger, Matthew) (Entered: 07/31/2026)	RECAP
70	Aug. 3, 2026	This matter comes before the Court on the parties' Joint Submission Concerning Name- Clearing Hearing. Dkt. 69. It is hereby ORDERED that a hearing shall be held on August 11, 2026 at 9:30 a.m. in Courtroom 500 regarding the issues raised in the parties' submission. Signed by Magistrate Judge William E. Fitzpatrick on 8/3/26. (tfitz, ) Modified to edit text on 8/3/2026 (tfitz, ). (Entered: 08/03/2026)	RECAP
	Aug. 3, 2026	Set/Reset Deadlines as to Motion Hearing set for 8/11/2026 at 09:30 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (tfitz, )
71	Aug. 6, 2026	Unopposed MOTION to Conduct Hearing via Video Conference or Telephone by Mary Comans. (Attachments: # 1 Proposed Order)(Carroll, Kevin) (Entered: 08/06/2026) 1 Proposed Order View on RECAP	RECAP
72	Aug. 6, 2026	ORDERED Plaintiff's Motion is GRANTED IN PART; it is further ORDERED Mr. Becker shall be permitted to participate telephonically; and it is further ORDERED at least one attorney listed as Plaintiff's counsel of record must appear at thehearing in person and, if necessary, must be prepared to proceed with argument on behalf of Plaintiff. The Court will provide the details for joining telephonically to Mr. Becker upon entry of this Order re 71 MOTION for Leave to Appear Virtual. Signed by Magistrate Judge William E. Fitzpatrick on 8/6/2026. (nneb) (Entered: 08/07/2026)	RECAP
73	Aug. 11, 2026	Minute Entry for proceedings held before Magistrate Judge William E. Fitzpatrick: Matter came on for a Motion Hearing but a Status Conference was held on 8/11/2026. Appearance of counsel. Proposed finding of facts and objections should be filed by the parties; a hearing regarding any potential discovery and to schedule the name-clearing hearing shall be held as stated in open court. (Order to follow) (Tape #FTR.)(tfitz, ) (Entered: 08/14/2026)	RECAP
74	Aug. 11, 2026	For the reasons stated from the bench, it is hereby ORDERED the parties shall file any proposed findings off fact on or before Tuesday, August 18, 2026; it is further ORDERED the parties shall file any objections to proposed findings of fact on or before Tuesday. August 25, 2026; it is further ORDERED any proposed finding of fact not objected to will be deemed admitted; and it is further ORDERED a hearing (i) regarding any potential discovery and (ii) to schedule the name- clearing hearing shall be held on Friday, August 28, 2026 at 10:00 a.m. in Courtroom 500. Signed by Magistrate Judge William E. Fitzpatrick on 8/11/26. (tfitz, ) (Entered: 08/14/2026)	RECAP
	Aug. 11, 2026	Set/Reset Deadlines as to Motion Hearing set for 8/28/2026 at 10:00 AM in Alexandria Courtroom 500 before Magistrate Judge William E. Fitzpatrick. (tfitz, )
75	Aug. 18, 2026	Proposed Findings of Fact by Mary Comans. (Carroll, Kevin) (Entered: 08/18/2026)	RECAP
76	Aug. 28, 2026	Minute Entry for proceedings held before Magistrate Judge William E. Fitzpatrick: Matter came on for a Motion Hearing but a Status Conference was held on 8/28/2026. Appearance of counsel. Case updates provided by the parties in open court; the matter is taken under advisement. (Tape #FTR.)(tfitz, ) (Entered: 08/28/2026)	RECAP
77	Aug. 28, 2026	ORDERED that Plaintiff's proposed findings of fact are deemed admitted. ORDERED that no discovery is necessary. ORDERED that the parties may submit any supplemental briefing on additional case law for the Court to consider on or before September 4, 2026. Signed by Magistrate Judge William E. Fitzpatrick on 8/28/2026. (kgall) (Entered: 08/28/2026)	RECAP
78	Sept. 4, 2026	Supplemental Memorandum Concerning Name-Clearing Hearing, filed by Mary Comans. (Carroll, Kevin) (Entered: 09/04/2026)	RECAP
79	Sept. 4, 2026	Supplemental Briefing Concerning Name-Clearing Hearing to 77 ORDER, filed by Department of Homeland Security, Executive Office of the President, United States Of America. (Mezger, Matthew) (Entered: 09/04/2026)	RECAP
80	Sept. 10, 2026	Transmission of Notice of Appeal to US Court of Appeals re 67 Notice of Appeal, (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (dvanm) (Entered: 09/10/2026)	RECAP
81	Sept. 10, 2026	NOTICE of Filing CORRECTED Supplemental Memorandum Concerning Name-Clearing Hearing by Mary Comans in re 78 Supplemental Memorandum Concerning Name-Clearing Hearing (Carroll, Kevin) (Entered: 09/10/2026)	RECAP
82	Sept. 11, 2026	USCA Case Number 26-2242 4th Circuit for 67 Notice of Appeal, filed by Executive Office of the President, Department of Homeland Security, United States Of America. (lcre, ) (Entered: 09/11/2026)	RECAP

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Case Details

State / Territory:

Virginia

Case Type(s):

Presidential/Gubernatorial Authority

Labor Rights

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:

FEMA’s Chief Financial Officer, who was terminated on February 11, 2025.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Department of Homeland Security

Executive Office of the President

United States of America

Case Details

Causes of Action:

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

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Mandamus, 28 U.S.C. § 1361

Constitutional Clause(s):

Due Process

Separation of Powers

Other Dockets:

Eastern District of Virginia 1:25-cv-01237

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Sought:

Relief Granted:

Source of Relief:

Litigation

Issues

Presidential/Gubernatorial Authority:

Civil Service

Recommended Citation

Case Summary of Comans v. Executive Office of the President, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/46827/ (last updated 12/9/2025).