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.

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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

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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
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 July 22, 2026, 3:54 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
3	NOTICE of Designation of Electronic Case. (vds) (Entered: 07/29/2025)	July 29, 2025	July 29, 2025
4	NOTICE of Appearance by Stephanie Fleming for USA .. (Fleming, Stephanie) (Entered: 09/15/2025)	Sept. 15, 2025	Sept. 15, 2025
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
	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
	Order	Nov. 3, 2025	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. 3, 2025	Nov. 3, 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	Nov. 10, 2025
	Order	Nov. 10, 2025	Nov. 10, 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	Nov. 13, 2025
	Lifting Stay	Nov. 13, 2025	Nov. 13, 2025
11	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	Nov. 18, 2025	Nov. 18, 2025 RECAP
12	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)	Nov. 21, 2025	Nov. 21, 2025
13	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)	Nov. 24, 2025	Nov. 24, 2025
14	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	Dec. 4, 2025	Dec. 4, 2025
15	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	Dec. 9, 2025	Dec. 9, 2025 RECAP
16	RESPONSE to 14 MOTION to Certify Class, filed by USA.Reply due by 12/26/2025. (Fleming, Stephanie) (Entered: 12/18/2025)	Dec. 18, 2025	Dec. 18, 2025
17	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)	Dec. 29, 2025	Dec. 29, 2025
18	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)	Jan. 6, 2026	Jan. 6, 2026
	Order on Motion to Dismiss - Rule 12(b)(6)	Jan. 9, 2026	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.	Jan. 9, 2026	Jan. 9, 2026
19	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)	Jan. 20, 2026	Jan. 20, 2026 RECAP
	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	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. 20, 2026	Jan. 20, 2026
	Remark (Defective Filing) (Public)	Jan. 21, 2026	Jan. 21, 2026
20	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)	April 10, 2026	April 10, 2026 RECAP
21	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)	April 22, 2026	April 22, 2026
22	ANSWER to 11 Amended Complaint,,,, filed by USA.JPSR due by 6/12/2026.(Fleming, Stephanie) (Entered: 04/24/2026)	April 24, 2026	April 24, 2026
23	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)	May 1, 2026	May 1, 2026
24	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)	May 5, 2026	May 5, 2026
25	REPORTED ORDER: granting 14 Motion to Certify Class. Signed by Judge David A. Tapp. (rcm) Service on parties made. (Entered: 05/07/2026)	May 7, 2026	May 7, 2026 RECAP
26	NOTICE of Appearance by Sean Kelly Griffin for USA . (Griffin, Sean) (Entered: 05/20/2026)	May 20, 2026	May 20, 2026
27	NOTICE of Change of Address by Stephen John McBrady (McBrady, Stephen) (Entered: 06/08/2026)	June 8, 2026	June 8, 2026
28	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	June 8, 2026	June 8, 2026 RECAP
29	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	June 9, 2026	June 9, 2026 RECAP
	Order	June 9, 2026	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.	June 9, 2026	June 9, 2026
30	JOINT PRELIMINARY STATUS REPORT, filed by USA. (Griffin, Sean) (Entered: 06/12/2026)	June 12, 2026	June 12, 2026 RECAP
31	Amend Pleadings	June 19, 2026	June 19, 2026
32	Order on Motion to Amend Pleadings - Rule 15	June 30, 2026	June 30, 2026
33	Amended Complaint	July 1, 2026	July 1, 2026
34	Scheduling Order - Discovery	July 1, 2026	July 1, 2026
35	Protective Order	July 10, 2026	July 10, 2026
36	Discovery	July 14, 2026	July 14, 2026
	Order	July 15, 2026	July 15, 2026
37	Order on Motion for Discovery AND Order on Motion for Protective Order	July 16, 2026	July 16, 2026
38	Order	July 16, 2026	July 16, 2026
39	Order	July 16, 2026	July 16, 2026

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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