Case: Danziger v. United States

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

Filed Date: July 28, 2025

Case Ongoing

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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 its mass termination of USAI…

On July 28, 2025, plaintiff, Andrea Danziger, sued the U.S. Government for its 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. However, in early 2025, top 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, plaintiff filed an amended complaint on November 18. The amended complaint added three additional named plaintiffs, as well as new factual sections regarding these plaintiffs. The amended complaint also added additional details about the dismantling of USAID and PSC contractors' roles. It also included new allegations regarding government animus towards PSCs and explanations about why accusations that PSCs harmed national interests were false.

This case is ongoing.

Summary Authors

Claire Pollard (9/29/2025)

Madeline Kaplan (11/19/2025)

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) -)

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) -)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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
11 1:25-cv-01241	Amended Class Action Complaint Danziger et al. v. United States of America	Nov. 18, 2025	Nov. 18, 2025 Complaint

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Docket

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

Last updated Sept. 7, 2026, 3:43 a.m.

Docket for: DANZIGER v. United States

ECF Number	Date	Description	Link
1	July 28, 2025	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	Clearinghouse
2	July 29, 2025	Notice of Random Assignment Pursuant to Rule 40.1(a) to Judge David A. Tapp. (vds) (Entered: 07/29/2025)	RECAP
3	July 29, 2025	NOTICE of Designation of Electronic Case. (vds) (Entered: 07/29/2025)	RECAP
4	Sept. 15, 2025	NOTICE of Appearance by Stephanie Fleming for USA .. (Fleming, Stephanie) (Entered: 09/15/2025)	RECAP
5	Sept. 15, 2025	Standing Order on Chambers Rules. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 09/15/2025)	RECAP
6	Sept. 26, 2025	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)	RECAP
7	Sept. 29, 2025	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)	RECAP
	Sept. 29, 2025	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	Scheduling Order - (NON-PDF - Docket Text Order Only)
	Sept. 29, 2025	Set Scheduled Proceeding Hearing Deadline
	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)
8	Sept. 30, 2025	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)	RECAP
9	Sept. 30, 2025	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	Clearinghouse
	Sept. 30, 2025	Scheduled Proceeding Hearing Cancelled
	Sept. 30, 2025	***Scheduled Proceeding Hearing Cancelled - Hearing for 10/1/2025 01:00 PM in Courtroom 4 before Judge David A. Tapp. (tb)
10	Oct. 6, 2025	ORDER STAYING CASE. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 10/06/2025)	Clearinghouse
	Oct. 20, 2025	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	Order
	Oct. 27, 2025	Order
	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.
	Nov. 3, 2025	Order
	Nov. 3, 2025	ORDER: This matter is held in abeyance through 11/10/2025. See ECF No. 10 . Signed by Judge David A. Tapp. (rcm) Service on parties made.
	Nov. 10, 2025	ORDER: This matter is held in abeyance through 11/17/2025. See ECF No. 10 . Signed by Judge David A. Tapp. (rcm) Service on parties made.
	Nov. 10, 2025	Order
	Nov. 13, 2025	ORDER LIFTING STAY: Plaintiff's Response to Defendant's Motion to Dismiss due by 12/5/2025. Signed by Judge David A. Tapp. (rcm) Service on parties made.
	Nov. 13, 2025	Lifting Stay
11	Nov. 18, 2025	AMENDED COMPLAINT against USA, filed by ANDREA DANZIGER. Amendment to 1 Complaint,, filed by ANDREA DANZIGER. Answer due by 12/2/2025. (Attachments: # 1 Redline, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB)(McBrady, Stephen) Modified on 11/18/2025 to correct docket text (aoc). (Entered: 11/18/2025) 1 Redline View on RECAP 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 7 Exhibit F View on PACER 8 Exhibit G View on PACER 9 Exhibit H View on PACER 10 Exhibit I View on PACER 11 Exhibit J View on PACER 12 Exhibit K View on PACER 13 Exhibit L View on PACER 14 Exhibit M View on RECAP 15 Exhibit N View on PACER 16 Exhibit O View on PACER 17 Exhibit P View on PACER 18 Exhibit Q View on PACER 19 Exhibit R View on PACER 20 Exhibit S View on PACER 21 Exhibit T View on PACER 22 Exhibit U View on PACER 23 Exhibit V View on PACER 24 Exhibit W View on PACER 25 Exhibit X View on PACER 26 Exhibit Y View on PACER 27 Exhibit Z View on PACER 28 Exhibit AA View on PACER 29 Exhibit BB View on PACER	RECAP
12	Nov. 21, 2025	Unopposed MOTION for Extension of Time until 12/09/2025 to File Response as to 11 Amended Complaint,,,, filed by USA.Response due by 12/5/2025.(Fleming, Stephanie) (Entered: 11/21/2025)	RECAP
13	Nov. 24, 2025	ORDER granting 12 Motion for Extension of Time to File Response as to 11 Amended Complaint. Response due by 12/9/2025. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 11/24/2025)	RECAP
14	Dec. 4, 2025	MOTION to Certify Class, filed by ANDREA DANZIGER, MARK HERZBERG, DEBORAH L MURPHY, KENNETH SKLAW.Response due by 12/18/2025. (Attachments: # 1 Exhibit 1 - Declaration of Andrea Danziger, # 2 Exhibit 2 - Declaration of Deborah Murphy, # 3 Exhibit 3 - Declaration of Mark Herzberg, # 4 Exhibit 4 - Declaration of Kenneth Sklaw, # 5 Exhibit 5 - Declaration of Stephen McBrady, # 6 Exhibit 6 - Declaration of Kenneth Dintzer, # 7 Exhibit 7 - Declaration of Joshua Sohn, # 8 Text of Proposed Order)(McBrady, Stephen) (Entered: 12/04/2025) 1 Exhibit 1 - Declaration of Andrea Danziger View on PACER 2 Exhibit 2 - Declaration of Deborah Murphy View on PACER 3 Exhibit 3 - Declaration of Mark Herzberg View on PACER 4 Exhibit 4 - Declaration of Kenneth Sklaw View on PACER 5 Exhibit 5 - Declaration of Stephen McBrady View on PACER 6 Exhibit 6 - Declaration of Kenneth Dintzer View on PACER 7 Exhibit 7 - Declaration of Joshua Sohn View on PACER 8 Text of Proposed Order View on PACER	RECAP
15	Dec. 9, 2025	MOTION to Dismiss pursuant to Rule 12(b)(6), filed by USA.Response due by 1/6/2026. (Attachments: # 1 Exhibit A (Danziger Payment Transaction Record))(Fleming, Stephanie) (Entered: 12/09/2025) 1 Exhibit A (Danziger Payment Transaction Record) View on PACER	RECAP
16	Dec. 18, 2025	RESPONSE to 14 MOTION to Certify Class, filed by USA.Reply due by 12/26/2025. (Fleming, Stephanie) (Entered: 12/18/2025)	RECAP
17	Dec. 29, 2025	REPLY to Response to Motion re 14 MOTION to Certify Class, filed by ANDREA DANZIGER, MARK HERZBERG, DEBORAH L MURPHY, KENNETH SKLAW. (McBrady, Stephen) (Entered: 12/29/2025)	RECAP
18	Jan. 6, 2026	RESPONSE to 15 MOTION to Dismiss pursuant to Rule 12(b)(6), filed by ANDREA DANZIGER, MARK HERZBERG, DEBORAH L MURPHY, KENNETH SKLAW.Reply due by 1/13/2026. (McBrady, Stephen) (Entered: 01/06/2026)	RECAP
	Jan. 9, 2026	Order on Motion to Dismiss - Rule 12(b)(6)
	Jan. 9, 2026	ORDER: 9 Motion to Dismiss mooted by 11 Amended Complaint and 15 Motion to Dismiss. Signed by Judge David A. Tapp. (rcm) Service on parties made.
19	Jan. 20, 2026	REPLY to Response to Motion re 15 MOTION to Dismiss pursuant to Rule 12(b)(6), filed by USA. (Fleming, Stephanie) (Entered: 01/20/2026)	RECAP
	Jan. 20, 2026	Remark: re: 19 Reply to Response to Motion filed by USA. Untimely, due to be filed by 1/13/2026 (RCFC 7.2). NOTE: The filing party shall not file a corrected document unless so ordered by the court. (zr)
	Jan. 20, 2026	ENTERED IN ERRORRemark: re: 19 Reply to Response to Motion filed by USA. Untimely, due to be filed by 1/13/2026 (RCFC 7.2). NOTE: The filing party shall not file a corrected document unless so ordered by the court. (zr)
	Jan. 21, 2026	Remark (Defective Filing) (Public)
20	April 10, 2026	ORDER denying 15 Motion to Dismiss. Defendant's responsive pleading due by 4/24/2026. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 04/10/2026)	RECAP
21	April 22, 2026	NOTICE of Indirectly Related Case(s) [26-cv-429-MHS], filed by HIAS, THE AMERICAN BAR ASSOCIATION, ADVANCING DEMOCRATIC ELECTIONS AND POLITICAL TRANSITION LLC, DAI GLOBAL, LLC, DEMOCRACY INTERNATIONAL, INC., MANAGEMENT SCIENCES FOR HEALTH, INC., MERCY CORPS, SAVE THE CHILDREN FEDERATION, INC. . (Jacobson, Daniel) (Entered: 04/22/2026)	RECAP
22	April 24, 2026	ANSWER to 11 Amended Complaint,,,, filed by USA.JPSR due by 6/12/2026.(Fleming, Stephanie) (Entered: 04/24/2026)	RECAP
23	May 1, 2026	RESPONSE to 21 Notice of Indirectly Related Case(s),, filed by ANDREA DANZIGER, MARK HERZBERG, DEBORAH L MURPHY, KENNETH SKLAW. (McBrady, Stephen) (Entered: 05/01/2026)	RECAP
24	May 5, 2026	RESPONSE to 21 Notice of Indirectly Related Case(s), DEFENDANTS RESPONSE TO HIAS PLAINTIFFS NOTICE OF INDIRECTLY RELATED CASES AND OPPOSITION TO HIAS PLAINTIFFS REQUEST TO CONSOLIDATE, filed by USA. (Roche, Matthew) (Entered: 05/05/2026)	RECAP
25	May 7, 2026	REPORTED ORDER: granting 14 Motion to Certify Class. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 05/07/2026)	RECAP
26	May 20, 2026	NOTICE of Appearance by Sean Kelly Griffin for USA . (Griffin, Sean) (Entered: 05/20/2026)	RECAP
27	June 8, 2026	NOTICE of Change of Address by Stephen John McBrady (McBrady, Stephen) (Entered: 06/08/2026)	RECAP
28	June 8, 2026	Joint MOTION for Class Notice Approval re 25 Order on Motion to Certify Class, Reported Order, filed by ANDREA DANZIGER, MARK HERZBERG, DEBORAH L MURPHY, KENNETH SKLAW.Response due by 6/22/2026. (Attachments: # 1 Exhibit A, Proposed Class Notice)(McBrady, Stephen) (Entered: 06/08/2026) 1 Exhibit A, Proposed Class Notice View on PACER	RECAP
29	June 9, 2026	ORDER granting 28 Joint Motion for Class Notice Approval. Signed by Judge David A. Tapp. (Attachments: # 1 Class Notice) (rcm) Service on parties made. (Entered: 06/09/2026) 1 Supplement Class Notice View on PACER	RECAP
	June 9, 2026	Order
	June 9, 2026	ORDER: Parties are ORDERED to email a Word version of their proposed Class Notice to Chambers per the Court's Standing Order on Chambers Rules, (ECF No. 5). Signed by Judge David A. Tapp. (rcm) Service on parties made.
30	June 12, 2026	JOINT PRELIMINARY STATUS REPORT, filed by USA. (Griffin, Sean) (Entered: 06/12/2026)	RECAP
31	June 19, 2026	Unopposed MOTION to Amend Pleadings - Rule 15 (a)(2), filed by All Plaintiffs.Response due by 7/3/2026. (Attachments: # 1 Exhibit Opt-In Forms, # 2 Text of Proposed Order, # 3 Second Amended Complaint, # 4 Redlined Changes to Second Amended Complaint, # 5 Second Amended Complaint Ex. A, # 6 Second Amended Complaint Ex. B, # 7 Second Amended Complaint Ex. C, # 8 Second Amended Complaint Ex. D, # 9 Second Amended Complaint Ex. E, # 10 Second Amended Complaint Ex. F, # 11 Second Amended Complaint Ex. G, # 12 Second Amended Complaint Ex. H, # 13 Second Amended Complaint Ex. I, # 14 Second Amended Complaint Ex. J, # 15 Second Amended Complaint Ex. K, # 16 Second Amended Complaint Ex. L, # 17 Second Amended Complaint Ex. M, # 18 Second Amended Complaint Ex. N, # 19 Second Amended Complaint Ex. O, # 20 Second Amended Complaint Ex. P, # 21 Second Amended Complaint Ex. Q, # 22 Second Amended Complaint Ex. R, # 23 Second Amended Complaint Ex. S, # 24 Second Amended Complaint Ex. T, # 25 Second Amended Complaint Ex. U, # 26 Second Amended Complaint Ex. V, # 27 Second Amended Complaint Ex. W, # 28 Second Amended Complaint Ex. X, # 29 Second Amended Complaint Ex. Y, # 30 Second Amended Complaint Ex. Z, # 31 Second Amended Complaint Ex. AA, # 32 Second Amended Complaint Ex. BB, # 33 Second Amended Complaint Ex. CC)(McBrady, Stephen) (Entered: 06/19/2026)	RECAP
32	June 30, 2026	ORDER granting 31 Motion to Amend Pleadings. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 06/30/2026)	RECAP
33	July 1, 2026	Second AMENDED COMPLAINT against USA, filed by All Plaintiffs. Amendment to 11 Amended Complaint,,,, filed by All Plaintiffs. Answer due by 7/15/2026. (Attachments: # 1 Redlined Changes to Second Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W, # 25 Exhibit X, # 26 Exhibit Y, # 27 Exhibit Z, # 28 Exhibit AA, # 29 Exhibit BB, # 30 Exhibit CC)(McBrady, Stephen) Modified on 7/1/2026 (aoc). (Entered: 07/01/2026)	RECAP
34	July 1, 2026	SCHEDULING ORDER: Plaintiffs Identify Class by 12/14/2026. Joint Status Report due by 12/21/2026. Motion to Exclude Class Members due by 1/25/2027. Expert Reports due by 2/5/2027. Rebuttal Expert Reports due by 3/19/2027. Discovery due by 4/30/2027. Status Conference set for 5/5/2027 at 1:00 PM (ET) before Judge David A. Tapp. See Order for details. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 07/01/2026)	RECAP
35	July 10, 2026	Unopposed MOTION for Protective Order, filed by USA.Response due by 7/24/2026. (Attachments: # 1 Text of Proposed Order)(Griffin, Sean) (Entered: 07/10/2026)	RECAP
36	July 14, 2026	Unopposed MOTION for Discovery Clawback Order, filed by USA.Response due by 7/28/2026. (Attachments: # 1 Text of Proposed Order)(Griffin, Sean) (Entered: 07/14/2026)	RECAP
	July 15, 2026	ORDER: Parties are ORDERED to submit Word versions of Orders proposed in 35 and 36 to Chambers via email per this Court's Standing Order on Chambers Rules. (ECF No. 5 at 3). Signed by Judge David A. Tapp. (rcm) Service on parties made.
	July 15, 2026	Order
37	July 16, 2026	ORDER granting 35 Motion for Protective Order and 36 Motion for Clawback Order. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 07/16/2026)	RECAP
38	July 16, 2026	PROTECTIVE ORDER. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 07/16/2026)	RECAP
39	July 16, 2026	CLAWBACK ORDER. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 07/16/2026)	RECAP

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Case Details

State / Territory:

- United States (national) -

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Appointments/Civil Service

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

Federal

United States of America

Defendant Type(s):

Jurisdiction-wide

Case Details