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 challenged the legality of the Federal Emergency Management Agency’s (FEMA) February 11, 2025, firing of FEMA's Chief Financial Officer (CFO). On February 11, 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 Preside…

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 Ms. Comans 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 only 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."

On July 24, 2025, the plaintiff sued the Executive Office of the President, 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. Additionally, the plaintiff claimed that her suit was not covered by the Civil Service Reform Act's scheme of administrative review before the Merit System Protection Board due to President Trump's actions in terminating one member of the Board. As of the time of the filing of the complaint, the Board lacked a quorum, and therefore the plaintiff argued that Congress's purpose in enacting the CSRA had been frustrated.

The plaintiff asked the court to issue a judgment declaring the defendants' actions unlawful, to order her reinstatement, and to award 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 the Federal Emergency Management Agency in the District Court for the District of Columbia on March 4, 2025. That case did not contain allegations concerning the Merit System Protection Board. The Clearinghouse is covering that case here.

This case is ongoing.

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Summary Authors

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

Byrnes, Kevin Edward (Virginia)

Donovan, Margaret (Virginia)

Eisen, Norman L. (Virginia)

Lowell, Abbe David (Virginia)

Attorney for Defendant

Mezger, Matthew J. (Virginia)

Judge(s)

Nachmanoff, Michael S. (Virginia)

Attorney for Plaintiff

Byrnes, Kevin Edward (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

Mezger, Matthew J. (Virginia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-01237	Complaint	July 24, 2025	July 24, 2025 Complaint

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Docket

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

Last updated April 5, 2026, 3:35 a.m.

ECF Number	Description	Date	Link Date / Link
1	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	July 24, 2025	July 24, 2025 Clearinghouse
2	Proposed Summons re 1 Complaint by Mary Comans (Byrnes, Kevin) (Entered: 07/24/2025)	July 24, 2025	July 24, 2025
	Initial Case Assignment to District Judge Michael S Nachmanoff and Magistrate Judge William E. Fitzpatrick. (dvanm)	July 24, 2025	July 24, 2025
3	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)	July 25, 2025	July 25, 2025
4	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)	July 25, 2025	July 25, 2025
5	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)	July 25, 2025	July 25, 2025
6	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)	July 25, 2025	July 25, 2025
7	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)	July 29, 2025	July 29, 2025
8	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)	July 29, 2025	July 29, 2025
9	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)	July 29, 2025	July 29, 2025
10	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)	July 29, 2025	July 29, 2025
11	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)	July 29, 2025	July 29, 2025
12	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)	July 29, 2025	July 29, 2025
13	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)	July 31, 2025	July 31, 2025
14	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)	July 31, 2025	July 31, 2025
15	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)	July 31, 2025	July 31, 2025
16	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)	Oct. 13, 2025	Oct. 13, 2025
17	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	Nov. 10, 2025	Nov. 10, 2025
18	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)	Nov. 10, 2025	Nov. 10, 2025
19	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	Nov. 10, 2025	Nov. 10, 2025
20	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)	Nov. 14, 2025	Nov. 14, 2025 RECAP
21	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)	Dec. 3, 2025	Dec. 3, 2025
22	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)	Dec. 4, 2025	Dec. 4, 2025
23	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)	Dec. 17, 2025	Dec. 17, 2025
24	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)	Dec. 18, 2025	Dec. 18, 2025
25	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)	Dec. 30, 2025	Dec. 30, 2025
26	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)	Jan. 5, 2026	Jan. 5, 2026
27	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)	Jan. 5, 2026	Jan. 5, 2026
28	Notice of Hearing Date re 26 MOTION to Dismiss for Lack of Jurisdiction, 27 Memorandum in Support, (Mezger, Matthew) (Entered: 01/05/2026)	Jan. 5, 2026	Jan. 5, 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)	Jan. 6, 2026	Jan. 6, 2026
29	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	Jan. 20, 2026	Jan. 20, 2026
30	EXHIBIT CORRECTION OF ECF 29-7 by Mary Comans.. (Byrnes, Kevin) (Entered: 01/21/2026)	Jan. 21, 2026	Jan. 21, 2026
31	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)	Jan. 26, 2026	Jan. 26, 2026
32	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)	Feb. 2, 2026	Feb. 2, 2026
33	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)	Feb. 2, 2026	Feb. 2, 2026
34	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)	Feb. 13, 2026	Feb. 13, 2026
35	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)	Feb. 17, 2026	Feb. 17, 2026
36	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)	Feb. 20, 2026	Feb. 20, 2026 RECAP
37	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)	March 13, 2026	March 13, 2026

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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: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

None yet

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).