Case: Comey v. United States Department of Justice

Comey v. United States Department of Justice et al.

COMPLAINT against Pamela J. Bondi, Executive Office for United States Attorneys, Executive Office of the President, FRANCEY HAKES, Office of Personnel Management, THE UNITED STATES OF AMERICA, United States Department of Justice. (Filing Fee $ 405.00, Receipt Number ANYSDC-31711174)Document filed by MAURENE COMEY. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Blain, Jennifer) (Entered: 09/15/2025)

1 Exhibit A

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2 Exhibit B

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CIVIL COVER SHEET filed..(Blain, Jennifer) (Entered: 09/15/2025)

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MAURENE COMEY..(Blain, Jennifer) (Entered: 09/15/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF JUSTICE, re: 1 Complaint,. Document filed by MAURENE COMEY..(Blain, Jennifer) (Entered: 09/15/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to EXECUTIVE OFFICE OF THE PRESIDENT, re: 1 Complaint,. Document filed by MAURENE COMEY..(Blain, Jennifer) (Entered: 09/15/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to FRANCEY HAKES, in her official capacity as the Director of the Executive Office for United States Attorneys, re: 1 Complaint,. Document filed by MAURENE COMEY..(Blain, Jennifer) (Entered: 09/15/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to PAMELA J. BONDI, in her official capacity as Attorney General of the United States Department of Justice, re: 1 Complaint,. Document filed by MAURENE COMEY..(Blain, Jennifer) (Entered: 09/15/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, re: 1 Complaint,. Document filed by MAURENE COMEY..(Blain, Jennifer) (Entered: 09/15/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to OFFICE OF PERSONNEL MANAGEMENT, re: 1 Complaint,. Document filed by MAURENE COMEY..(Blain, Jennifer) (Entered: 09/15/2025)

REQUEST FOR ISSUANCE OF SUMMONS as to THE UNITED STATES OF AMERICA, re: 1 Complaint,. Document filed by MAURENE COMEY..(Blain, Jennifer) (Entered: 09/15/2025)

NOTICE OF APPEARANCE by Nicole L. Gueron on behalf of MAURENE COMEY..(Gueron, Nicole) (Entered: 09/15/2025)

NOTICE OF APPEARANCE by Deepa Vanamali on behalf of MAURENE COMEY..(Vanamali, Deepa) (Entered: 09/15/2025)

ELECTRONIC SUMMONS ISSUED as to Executive Office for United States Attorneys..(jgo) (Entered: 09/16/2025)

ELECTRONIC SUMMONS ISSUED as to Executive Office of the President..(jgo) (Entered: 09/16/2025)

ELECTRONIC SUMMONS ISSUED as to Francey Hakes..(jgo) (Entered: 09/16/2025)

ELECTRONIC SUMMONS ISSUED as to Office of Personnel Management..(jgo) (Entered: 09/16/2025)

ELECTRONIC SUMMONS ISSUED as to Pamela J. Bondi..(jgo) (Entered: 09/16/2025)

ELECTRONIC SUMMONS ISSUED as to United States Department of Justice..(jgo) (Entered: 09/16/2025)

ELECTRONIC SUMMONS ISSUED as to United States of America..(jgo) (Entered: 09/16/2025)

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jennifer Ellen Blain. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Cause of Action code 05:551;. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the Cause of Action code has been modified to 05:702;. (jgo)

Case Opening Initial Assignment Notice

Notice to Attorney Regarding Party Modification

Notice to Attorney Regarding Case Opening Statistical Error Correction

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jennifer Ellen Blain. The party information for the following party/parties has been modified: MAURENE COMEY; FRANCEY HAKES; Pamela J. Bondi; THE UNITED STATES OF AMERICA. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo)

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

Case Designation

Case Designated ECF. (jgo)

Case Designated ECF

NOTICE OF INITIAL PRETRIAL CONFERENCE: Unless and until the Court orders otherwise, counsel for all parties shall appear for an initial pretrial conference with the Court on November 12, 2025, at 3:00 p.m. The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (855) 244-8681 and using access code 2303 019 3884, followed by the pound (#) key. When prompted for an attendee ID number, press the pound (#) key again. Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Federal Rule of Civil Procedure 16 conference. Additionally, in accordance with Paragraph 3.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. (Initial Conference set for 11/12/2025 at 03:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/17/25) (yv) (Entered: 09/17/2025)

CERTIFICATE OF SERVICE of Summons and Complaint,. Service was made by Mail. Document filed by Maurene Comey..(Blain, Jennifer) (Entered: 09/22/2025)

ORDER: In light of the fact that Defendants have until November 21, 2025, to respond to the Complaint, see ECF No. 21 (reporting that Defendants were served on September 22, 2025); Fed. R. Civ. P. 12(a)(2) (providing that "[t]he United States, a United States agency, or a United States officer or employee sued only in an official capacity must serve an answer to a complaint... within 60 days after service on the United States attorney"), the initial pretrial conference in this matter is hereby ADJOURNED to December 4, 2025, at 3:15 p.m. Moreover, the conference is hereby converted to an in-person conference in Courtroom 24B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY. Counsel are reminded that, per the Court's earlier Scheduling Order, they must submit their proposed case management plan and joint letter by the Thursday prior to the conference. Because counsel has not yet appeared on behalf of Defendants, Plaintiff shall, no later than November 5, 2025, serve a copy of this Order on the Civil Division of the United States Attorney's Office for the Southern District of New York by email addressed to jeffrey.oestericher@usdoj.gov and file proof of such service. The Civil Division of the United States Attorney's Office for the Southern District of New York shall then promptly share the Order with whatever component of the Department of Justice will handle this matter. See ECF No. 21, Paragraph 1. The Court notes that the Chief Judge's October 2, 2025 Standing Order staying certain cases pending the restoration of Department of Justice funding, see In re: Stay of Certain Civil Cases Pending the Restoration of Department of Justice Funding, 25-MC-433 (LTS), ECF No. 3, applies only to "civil cases... in which the United States Attorney's Office for the Southern District of New York has appeared as counsel of record." Accordingly, it does not apply to this case at this time - and will not apply to the case in the (perhaps likely) event that a different component of the Department of Justice enters an appearance on behalf of Defendants. SO ORDERED. ( Initial Conference set for 12/4/2025 at 03:15 PM in Courtroom 24B, 500 Pearl Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 11/3/2025) (tg) (Entered: 11/04/2025)

CERTIFICATE OF SERVICE of Courts Order dated November 3, 2025 (ECF No. 22) served on Jeffrey Oestericher on November 4, 2025. Document filed by Maurene Comey..(Blain, Jennifer) (Entered: 11/04/2025)

NOTICE OF APPEARANCE by Karen Folster Lesperance on behalf of Pamela J. Bondi, Executive Office for United States Attorneys, Executive Office of the President, Francey Hakes, Office of Personnel Management, United States Department of Justice, United States of America..(Lesperance, Karen) (Entered: 11/13/2025)

LETTER MOTION for Extension of Time to File Answer addressed to Judge Jesse M. Furman from Karen Folster Lesperance dated November 13, 2025., LETTER MOTION to Adjourn Conference addressed to Judge Jesse M. Furman from Karen Folster Lesperance dated November 13, 2025. Document filed by Pamela J. Bondi, Executive Office for United States Attorneys, Executive Office of the President, Francey Hakes, Office of Personnel Management, United States Department of Justice, United States of America..(Lesperance, Karen) (Entered: 11/13/2025)

ORDER granting in part and denying in part 25 Letter Motion for Extension of Time to Answer re 1 Complaint,. ; granting in part and denying in part 25 Letter Motion to Adjourn Conference. Application GRANTED in part and DENIED in part. Defendants' deadline to answer or otherwise respond to the Complaint is extended on consent to December 15, 2025. The initial pretrial conference scheduled for December 4, 2025, at 3:15 p.m., in Courtroom 24B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY, remains in effect (as does the deadline to file a proposed case management plan and joint letter by the Thursday prior to the conference). At that conference, the Court will set a briefing schedule for Defendants' anticipated motion to dismiss and address whether discovery should proceed or be stayed pending a ruling on that anticipated motion. The Clerk of Court is directed to terminate ECF No. 25. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/14/25) (yv) (Entered: 11/17/2025)

Set/Reset Deadlines: Pamela J. Bondi answer due 12/15/2025; Executive Office for United States Attorneys answer due 12/15/2025; Executive Office of the President answer due 12/15/2025; Francey Hakes answer due 12/15/2025; Office of Personnel Management answer due 12/15/2025; United States Department of Justice answer due 12/15/2025; United States of America answer due 12/15/2025. (yv)

ORDER: In light of Thanksgiving, the deadline for the parties to file their proposed case management plan and joint letter is ADJOURNED to Monday, December 1, 2025. As previously ordered, the initial conference will be held in-person in Courtroom 24B of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY on December 4, 2025, at 3:15 p.m. The parties should be prepared to discuss, among other things, (1) a briefing schedule for Defendants' anticipated motion to dismiss and (2) whether discovery should proceed or be stayed pending a ruling on that anticipated motion. SO ORDERED. (Signed by Judge Jesse M. Furman on 11/24/2025) (jjc) (Entered: 11/24/2025)

NOTICE OF APPEARANCE by Margaret Donovan on behalf of Maurene Comey..(Donovan, Margaret) (Entered: 11/25/2025)

JOINT PRE-CONFERENCE STATEMENT . Document filed by Maurene Comey. (Attachments: # 1 Exhibit Plaintiff's Proposed Case Management Plan).(Blain, Jennifer) (Entered: 12/01/2025)

1 Exhibit Plaintiff's Proposed Case Management Plan

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MEMORANDUM OPINION AND ORDER: Accordingly, unless and until the Court orders otherwise, discovery is stayed pending a ruling on Defendants' anticipated motion to dismiss (which is to be filed by December 15, 2025, with opposition due by January 15, 2026, and reply due by January 23, 2026). If, upon review of Defendants' motion, Plaintiff concludes that she needs discovery to respond to the motion, she may either (1) file a letter-motion not to exceed five pages identifying the discovery she needs with specificity and explaining why she needs it, in which case Defendants shall respond, by letter not to exceed five pages, within one week; or (2) file with her opposition an affidavit akin to a Rule 56(d) declaration describing (a) what facts are sought and how they are to be obtained; (b) how these facts are reasonably expected to raise a genuine issue of material fact; (c) what efforts she has made to obtain them; and (d) why the affiant's efforts were unsuccessful, in which case Defendants should respond in their reply. -- SEE ORDER. (Signed by Judge Jesse M. Furman on 12/5/2025) (ab) (Entered: 12/05/2025)

MOTION to Dismiss for Lack of Jurisdiction . Document filed by Pamela J. Bondi, Executive Office for United States Attorneys, Executive Office of the President, Francey Hakes, Office of Personnel Management, United States Department of Justice, United States of America. Responses due by 1/15/2026.(Lesperance, Karen) (Entered: 12/15/2025)

MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Pamela J. Bondi, Executive Office for United States Attorneys, Executive Office of the President, Francey Hakes, Office of Personnel Management, United States Department of Justice, United States of America..(Lesperance, Karen) (Entered: 12/15/2025)

DECLARATION of Karen Folster Lesperance in Support re: 31 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Pamela J. Bondi, Executive Office for United States Attorneys, Executive Office of the President, Francey Hakes, Office of Personnel Management, United States Department of Justice, United States of America. (Attachments: # 1 Exhibit 1- MSPB Initial Appeal, # 2 Exhibit 2- MSPB Acknowledgement Notice, # 3 Exhibit 3 - MSPB FAQ re: Restoration of Quorum, # 4 Exhibit 4 - MSPB Order to Show Cause, # 5 Exhibit 5 - Agency Response to Order to Show Cause, # 6 Exhibit 6- Appellant's Response to Order to Show Cause).(Lesperance, Karen) (Entered: 12/15/2025)

1 Exhibit 1- MSPB Initial Appeal

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2 Exhibit 2- MSPB Acknowledgement Notice

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3 Exhibit 3 - MSPB FAQ re: Restoration of Quorum

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4 Exhibit 4 - MSPB Order to Show Cause

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5 Exhibit 5 - Agency Response to Order to Show Cause

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6 Exhibit 6- Appellant's Response to Order to Show Cause

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