Case: Danziger v. United States

1:25-cv-01241 | U.S. Court of Federal Claims

Filed Date: July 28, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the mass termination of United States Agency for International Development ("USAID")  Personal Services Contractor ("PSC") contractors by the United States Government. USAID was created in 1961 and was responsible for administering civilian foreign aid and development assistance. PSCs allowed USAID to contract with individuals who agreed to provide their services to USAID. On July 28, 2025, plaintiff, Andrea Danziger, sued the U.S. Government for their mass termination of U…

This case challenged the mass termination of United States Agency for International Development ("USAID")  Personal Services Contractor ("PSC") contractors by the United States Government. USAID was created in 1961 and was responsible for administering civilian foreign aid and development assistance. PSCs allowed USAID to contract with individuals who agreed to provide their services to USAID.

On July 28, 2025, plaintiff, Andrea Danziger, sued the U.S. Government for their mass termination of USAID PSC contractors on behalf of herself and those similarly situated in the U.S. Court of Federal Claims. She asked the court to certify a class of “all personal services contractors, performing work for USAID, whose contracts were terminated by USAID via Termination Notices issued between February 12, 2025, and April 24, 2025.” 

Danziger had worked as a PSC for USAID, providing “Humanitarian Assistance Officer functions to overseas countries” since 2021. But in early 2025, the top government officials in the Trump Administration, including Elon Musk, began to express a desire to dismantle the agency and subsequently began terminating PSC contractors like Danziger, sending them boiler-plate termination letters. Plaintiff alleged that these letters did not follow procedures for termination set out in PSC contractors’ initial contracts and were thus unlawful. According to plaintiff, while PSCs could be terminated for convenience, the government could not terminate them for “convenience in bad faith or by abusing its discretion,” which is what the government had done to her and those similarly situated.

Along with class certification, plaintiff asked that the court find the contract terminations unlawful and award contract breach money damages to all class members to compensate for their unlawful termination, including lost compensation and all termination costs. In the alternative, plaintiff asked that if the court were to find that the contract terminations were unlawful, that the court still certify the class and award damages to all class members to compensate them for all termination costs owed under contract.

The case was assigned to Judge David A. Tapp on July 29. A couple months later, on September 30, the Government filed a 12(b)(6) motion to dismiss. The Government claimed that plaintiff had failed to state a claim upon which relief could be granted because she did not sufficiently allege that the Government had acted in bad faith or abused its discretion when it terminated her contract. The government also claimed that, since costs due under the contract’s termination clause had been paid, plaintiff had failed to claim that the Government had breached the termination clause of her contract. Finally, the Government claimed that plaintiff had not shown that she was similarly situated to all other PSC contractors and thus had failed to sufficiently allege a class action.

With this motion still pending, Judge Tapp stayed the case due to the government shutdown on October 6. 

This case is ongoing.

Summary Authors

Claire Pollard (9/29/2025)

Madeline Kaplan (10/17/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70954805/parties/danziger-v-united-states/


Judge(s)

Tapp, David Austin (- United States (national) -)

Attorney for Plaintiff

McBrady, Stephen John (- United States (national) -)

Attorney for Defendant

Fleming, Stephanie (- United States (national) -)

show all people

Documents in the Clearinghouse

Document
1

1:25-cv-01241

Class Action Complaint

July 28, 2025

July 28, 2025

Complaint
9

1:25-cv-01241

Defendant's Motion to Dismiss

Sept. 30, 2025

Sept. 30, 2025

Pleading / Motion / Brief
10

1:25-cv-01241

Order Holding in Abeyance

Oct. 6, 2025

Oct. 6, 2025

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70954805/danziger-v-united-states/

Last updated Nov. 2, 2025, 4:47 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against USA (STA) (Filing fee $405, Receipt number AUSFCC-10609087) (Copy Served Electronically on Department of Justice), filed by ANDREA DANZIGER. Answer due by 9/26/2025. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E)(vds) (Entered: 07/29/2025)

1 Civil Cover Sheet

View on PACER

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

July 28, 2025

July 28, 2025

Clearinghouse
2

Notice of Random Assignment Pursuant to Rule 40.1(a) to Judge David A. Tapp. (vds) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

PACER
3

NOTICE of Designation of Electronic Case. (vds) (Entered: 07/29/2025)

July 29, 2025

July 29, 2025

PACER
4

NOTICE of Appearance by Stephanie Fleming for USA .. (Fleming, Stephanie) (Entered: 09/15/2025)

Sept. 15, 2025

Sept. 15, 2025

PACER
5

Standing Order on Chambers Rules. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 09/15/2025)

Sept. 15, 2025

Sept. 15, 2025

RECAP
6

Unopposed MOTION for Extension of Time until 10.03.2025 to File Response as to 1 Complaint,, filed by USA.Response due by 10/10/2025.(Fleming, Stephanie) (Entered: 09/26/2025)

Sept. 26, 2025

Sept. 26, 2025

RECAP
7

Consent MOTION to Amend Schedule re: Scheduled Proceeding Hearing Set, filed by All Plaintiffs.Response due by 10/14/2025.(McBrady, Stephen) (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

PACER

SCHEDULING ORDER: Hearing set for 10/1/2025 at 1:00 PM (ET) at the Howard T. Markey National Courts Building before Judge David A. Tapp. Courtroom information to follow. Signed by Judge David A. Tapp. (rcm) Service on parties made.

Sept. 29, 2025

Sept. 29, 2025

Scheduling Order - (NON-PDF - Docket Text Order Only)

Sept. 29, 2025

Sept. 29, 2025

Set Scheduled Proceeding Hearing Deadline

Sept. 29, 2025

Sept. 29, 2025

Scheduled Proceeding Hearing Set: Hearing set for 10/1/2025 01:00 PM in Courtroom 4 before Judge David A. Tapp. (py)

Sept. 29, 2025

Sept. 29, 2025

8

ORDER denying 6 Motion for Extension of Time to File Response. Defendant's Response is due by 9/30/2025 at 11:59 PM (ET). Motion to Amend Schedule 7 is denied as moot. Proceeding scheduled for 10/1/2025 is canceled. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 09/30/2025)

Sept. 30, 2025

Sept. 30, 2025

RECAP
9

MOTION to Dismiss pursuant to Rule 12(b)(6), filed by USA.Response due by 10/28/2025. (Attachments: # 1 Appendix Exs. A-C)(Fleming, Stephanie) (Entered: 09/30/2025)

1 Appendix Exs. A-C

View on PACER

Sept. 30, 2025

Sept. 30, 2025

Clearinghouse

Scheduled Proceeding Hearing Cancelled

Sept. 30, 2025

Sept. 30, 2025

***Scheduled Proceeding Hearing Cancelled - Hearing for 10/1/2025 01:00 PM in Courtroom 4 before Judge David A. Tapp. (tb)

Sept. 30, 2025

Sept. 30, 2025

10

ORDER STAYING CASE. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 10/06/2025)

Oct. 6, 2025

Oct. 6, 2025

Clearinghouse

ORDER: This matter is held in abeyance through 10/27/2025. See ECF No. 10 . Signed by Judge David A. Tapp. (rcm) Service on parties made.

Oct. 20, 2025

Oct. 20, 2025

Order

Oct. 20, 2025

Oct. 20, 2025

Order

Oct. 27, 2025

Oct. 27, 2025

ORDER: This matter is held in abeyance through 11/03/2025. See ECF No. 10 . Signed by Judge David A. Tapp. (rcm) Service on parties made.

Oct. 27, 2025

Oct. 27, 2025

Case Details

State / Territory:

- United States (national) -

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: July 28, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

USIAD Personal Services Contractor who was terminated in early 2025 and those similarly situated, which includes "all personal services contractors, performing work for USAID, whose contracts were terminated by USAID via Termination Notices issued between February 12, 2025, and April 24, 2025."

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

United States of America, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Tucker Act, 28 U.S.C. § 1491

Other Dockets:

U.S. Court of Federal Claims 1:25-cv-01241

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Presidential/Gubernatorial Authority:

Civil Service

DOGE (Department of Government Efficiency)