Case: American Federation of Government Employees v. U.S. Department of Education

1:25-cv-03553 | U.S. District Court for the District of District of Columbia

Filed Date: Oct. 3, 2025

Case Ongoing

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Case Summary

This case was filed by furloughed employees at the Department of Education ("DOE") who had their "out of office" messages replaced - without notice or their consent - with partisan language blaming "Democrat Senators" for the shutdown. On October 3, 2025, the American Federation of Government Employees ("AFGE"), which represents over 2,000 employees at DOE, filed suit in the U.S. District Court for the District of Columbia on behalf of their furloughed members at DOE who had their "out-of-offi…

On October 3, 2025, the American Federation of Government Employees ("AFGE"), which represents over 2,000 employees at DOE, filed suit in the U.S. District Court for the District of Columbia on behalf of their furloughed members at DOE who had their "out-of-office" messages changed to blame the government shutdown on the Democrats. Plaintiffs brought suit against Secretary of Education Linda McMahon and DOE, alleging that the out-of-office messages constituted unlawfully compelled speech in violation of the First Amendment's Speech Clause. Plaintiffs sought injunctive and declaratory relief barring Defendants from further modifying employee's out-of-office messages. The case was assigned to U.S. District Judge Christopher R. Cooper.

On October 7, 2025, AFGE moved for summary judgment and for an expedited briefing schedule. On October 9, 2025, Judge Cooper granted the motion for an expedited briefing schedule pursuant to Standing Order No. 25-55. Defendants' motion in opposition to Plaintiff's motion for summary judgment is due by October 16, Plaintiffs reply in support of their motion for summary judgment is due by October 21, and Defendants reply in support of their potential cross-motion for summary judgment is due by October 24, 2025.

This case is ongoing.

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Summary Authors

Claire Pollard (10/6/2025)

Nick Martire (10/12/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/71544779/parties/american-federation-of-government-employees-v-us-department-of-education/

Judge(s)

Cooper, Christopher Reid (District of Columbia)

Attorney for Plaintiff

Coogle, Christine L. (District of Columbia)

Early, Cormac A. (District of Columbia)

Hoshijima, Tsuki (District of Columbia)

Jasrasaria, Jyoti (District of Columbia)

Attorney for Defendant

Expert/Monitor/Master/Other

Judge(s)

Cooper, Christopher Reid (District of Columbia)

Attorney for Plaintiff

Coogle, Christine L. (District of Columbia)

Early, Cormac A. (District of Columbia)

Hoshijima, Tsuki (District of Columbia)

Jasrasaria, Jyoti (District of Columbia)

Thurston, Robin F. (District of Columbia)

Zieve, Allison Marcy (District of Columbia)

Attorney for Defendant

Wen, James (District of Columbia)

Expert/Monitor/Master/Other

O'Donnell, Renata (District of Columbia)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 1:25-cv-03553	Complaint	Oct. 3, 2025	Oct. 3, 2025 Complaint
9-1 1:25-cv-03553	Plaintiff's Memorandum in Support of Motion for Summary Judgment	Oct. 7, 2025	Oct. 7, 2025 Pleading / Motion / Brief
9 1:25-cv-03553	Plaintiff's Motion for Summary Judgment	Oct. 7, 2025	Oct. 7, 2025 Pleading / Motion / Brief
9-3 1:25-cv-03553	[Proposed] Order	Oct. 7, 2025	Oct. 7, 2025 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/71544779/american-federation-of-government-employees-v-us-department-of-education/

Last updated Oct. 25, 2025, 7:19 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-12004059) filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Hoshijima, Tsuki) (Entered: 10/03/2025) 1 Civil Cover Sheet View on PACER 2 Summons View on PACER 3 Summons View on PACER 4 Summons View on PACER 5 Summons View on PACER	Oct. 3, 2025	Oct. 3, 2025 Clearinghouse
2	LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Hoshijima, Tsuki) (Entered: 10/03/2025)	Oct. 3, 2025	Oct. 3, 2025 PACER
3	NOTICE of Appearance by Allison Marcy Zieve on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Zieve, Allison) (Entered: 10/03/2025)	Oct. 3, 2025	Oct. 3, 2025 PACER
4	REQUEST FOR SUMMONS TO ISSUE filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. Related document: 1 Complaint, filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Summons McMahon Summons, # 2 Summons Bondi Summons)(Hoshijima, Tsuki) (Entered: 10/03/2025)	Oct. 3, 2025	Oct. 3, 2025 PACER
5	NOTICE of Appearance by Cormac A. Early on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Early, Cormac) (Entered: 10/06/2025)	Oct. 6, 2025	Oct. 6, 2025 PACER
6	SUMMONS (4) Issued Electronically as to LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 10/06/2025)	Oct. 6, 2025	Oct. 6, 2025 PACER
7	NOTICE of Appearance by Christine L. Coogle on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Coogle, Christine) (Entered: 10/06/2025)	Oct. 6, 2025	Oct. 6, 2025 PACER
8	NOTICE of Appearance by James Wen on behalf of LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION (Wen, James) (Entered: 10/06/2025)	Oct. 6, 2025	Oct. 6, 2025 PACER
	Case Assigned/Reassigned	Oct. 6, 2025	Oct. 6, 2025 PACER
	Case Assigned to Judge Christopher R. Cooper. (znmw)	Oct. 6, 2025	Oct. 6, 2025 PACER
10	MOTION to Expedite re 9 MOTION for Summary Judgment by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Text of Proposed Order)(Hoshijima, Tsuki). Added MOTION for Relief from Standing Order on 10/8/2025 (mg). (Entered: 10/07/2025) 1 Text of Proposed Order View on PACER	Oct. 7, 2025	Oct. 7, 2025 RECAP
9	MOTION for Summary Judgment by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order, # 4 Index of Exhibits, # 5 Declaration Declaration of Everett Kelley, # 6 Declaration Declaration of A. Doe, # 7 Declaration Declaration of B. Doe, # 8 Declaration Declaration of C. Doe, # 9 Exhibit, # 10 Exhibit, # 11 Declaration Declaration of D. Doe, # 12 Declaration Declaration of E. Doe, # 13 Declaration Declaration of F. Doe, # 14 Declaration Declaration of G. Doe, # 15 Declaration Declaration of H. Doe, # 16 Declaration Declaration of I. Doe, # 17 Declaration Declaration of J. Doe, # 18 Declaration Declaration of K. Doe, # 19 Declaration Declaration of L. Doe, # 20 Declaration Declaration of M. Doe, # 21 Declaration Declaration of N. Doe, # 22 Declaration Declaration of O. Doe, # 23 Declaration Declaration of P. Doe, # 24 Declaration Declaration of Q. Doe, # 25 Declaration Declaration of R. Doe, # 26 Declaration Declaration of Lara Vaive, # 27 Exhibit)(Hoshijima, Tsuki) (Entered: 10/07/2025) 1 Memorandum in Support View on Clearinghouse 2 Statement of Facts View on PACER 3 Text of Proposed Order View on Clearinghouse 4 Index of Exhibits View on PACER 5 Declaration Declaration of Everett Kelley View on PACER 6 Declaration Declaration of A. Doe View on RECAP 7 Declaration Declaration of B. Doe View on PACER 8 Declaration Declaration of C. Doe View on PACER 9 Exhibit View on RECAP 10 Exhibit View on RECAP 11 Declaration Declaration of D. Doe View on PACER 12 Declaration Declaration of E. Doe View on PACER 13 Declaration Declaration of F. Doe View on PACER 14 Declaration Declaration of G. Doe View on PACER 15 Declaration Declaration of H. Doe View on RECAP 16 Declaration Declaration of I. Doe View on PACER 17 Declaration Declaration of J. Doe View on PACER 18 Declaration Declaration of K. Doe View on PACER 19 Declaration Declaration of L. Doe View on PACER 20 Declaration Declaration of M. Doe View on RECAP 21 Declaration Declaration of N. Doe View on PACER 22 Declaration Declaration of O. Doe View on PACER 23 Declaration Declaration of P. Doe View on PACER 24 Declaration Declaration of Q. Doe View on PACER 25 Declaration Declaration of R. Doe View on PACER 26 Declaration Declaration of Lara Vaive View on PACER 27 Exhibit View on PACER	Oct. 7, 2025	Oct. 7, 2025 Clearinghouse
11	ERRATA to correct technical errors by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES re 9 Motion for Summary Judgment,,,,. (Attachments: # 1 Corrected motion, # 2 Corrected memorandum, # 3 Corrected statement of facts, # 4 Corrected proposed order)(Hoshijima, Tsuki) (Entered: 10/08/2025)	Oct. 8, 2025	Oct. 8, 2025 PACER
12	NOTICE of Appearance by Robin F. Thurston on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Thurston, Robin) (Entered: 10/08/2025)	Oct. 8, 2025	Oct. 8, 2025 PACER
13	NOTICE of Appearance by Jyoti Jasrasaria on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES (Jasrasaria, Jyoti) (Entered: 10/08/2025)	Oct. 8, 2025	Oct. 8, 2025 PACER
14	Memorandum in opposition to re 10 MOTION to Expedite re 9 MOTION for Summary Judgment filed by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Text of Proposed Order)(Wen, James) (Entered: 10/08/2025) 1 Text of Proposed Order View on PACER	Oct. 8, 2025	Oct. 8, 2025 RECAP
	Scheduling Order	Oct. 9, 2025	Oct. 9, 2025 PACER
	MINUTE ORDER: Having reviewed the Plaintiff's 10 Motion for an Expedited Briefing Schedule and the Defendants' 14 Opposition, the Plaintiff's motion is GRANTED IN PART. The Court finds that the Plaintiff is entitled to relief from Standing Order No. 25-55 (Oct. 1, 2025). The Court further finds that because the case has proceeded directly to merits briefing, Defendants are entitled to file a cross-motion for summary judgment. The Court therefore sets the following briefing deadlines: Defendants shall file an opposition to Plaintiff's motion for summary judgment and any cross-motion for summary judgment by October 16, 2025; Plaintiffs shall file a reply in support of its motion for summary judgment and its opposition to Defendants' cross-motion for summary judgment (if any) by October 21, 2025; and Defendants shall file a reply in support of their motion for summary judgment by October 24, 2025. The Court will determine if a motions hearing is necessary following its review of Defendants' opposition brief. Signed by Judge Christopher R. Cooper on 10/9/2025. (lccrc1)	Oct. 9, 2025	Oct. 9, 2025 PACER
15	Cross MOTION for Summary Judgment by LINDA MCMAHON, U.S. DEPARTMENT OF EDUCATION. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Chase Forrester, # 4 Text of Proposed Order)(Wen, James) (Entered: 10/16/2025) 1 Memorandum in Support View on RECAP 2 Statement of Facts View on PACER 3 Declaration of Chase Forrester View on RECAP 4 Text of Proposed Order View on PACER	Oct. 16, 2025	Oct. 16, 2025 RECAP
16	REPLY to opposition to motion re 9 Motion for Summary Judgment,,,, filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Hoshijima, Tsuki) (Entered: 10/21/2025)	Oct. 21, 2025	Oct. 21, 2025 PACER
17	Memorandum in opposition to re 15 Cross MOTION for Summary Judgment filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Hoshijima, Tsuki) (Entered: 10/21/2025)	Oct. 21, 2025	Oct. 21, 2025 RECAP
18	MOTION for Leave to File Amicus Brief by CAMPAIGN LEGAL CENTER. (Attachments: # 1 Corporate Disclosure Statement, # 2 Exhibit A - Proposed Amicus Brief)(O'Donnell, Renata) (Entered: 10/24/2025) 1 Corporate Disclosure Statement View on PACER 2 Exhibit A - Proposed Amicus Brief View on RECAP	Oct. 24, 2025	Oct. 24, 2025 PACER
19	Reply to opposition to motion	Oct. 24, 2025	Oct. 24, 2025 PACER