Case: Mittereder v. Noem

President Donald Trump

COMPLAINT (Filing Fee $405, receipt number AVAEDC-10575573), filed by Danielle Mittereder. (Attachments: # 1 Civil Cover Sheet)(Brown, Carla) (Entered: 11/07/2025)

1 Civil Cover Sheet

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Proposed Summons in re 1 COMPLAINT [Attorney General] by Danielle Mittereder. (Brown, Carla) Modified text on 11/7/2025 (triv). (Entered: 11/07/2025)

Proposed Summons in re 1 COMPLAINT [Kristi Noem] by Danielle Mittereder. (Brown, Carla) Modified text on 11/7/2025 (triv). (Entered: 11/07/2025)

Proposed Summons in re 1 COMPLAINT [US Attorney] by Danielle Mittereder. (Brown, Carla) Modified text on 11/7/2025 (triv). (Entered: 11/07/2025)

MOTION to appear Pro Hac Vice by Jonathan C. Puth and Certification of Local Counsel Carla D. Brown. Filing Fee $75, receipt number AVAEDC-10575841 by Danielle Mittereder. (Brown, Carla) (Entered: 11/07/2025)

Summons Issued as to Kristi Noem, U.S. Attorney and U.S. Attorney General. NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed as to USA or Summons Returned Unexecuted as to USA. (Attachments: # 1 Notice to Attorney) (triv) (Entered: 11/07/2025)

1 Notice to Attorney

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Initial Case Assignment to District Judge Michael S. Nachmanoff and Magistrate Judge Ivan D. Davis. (triv)

ORDER granting 5 Motion for Pro hac vice Appointed Jonathan Craig Puth for Danielle Mittereder. Signed by District Judge Michael S Nachmanoff on 11/10/2025. (swil) (Entered: 11/10/2025)

DEMAND for Trial by Jury by Danielle Mittereder. (Brown, Carla) (Entered: 11/13/2025)

SUMMONS Returned Executed by Danielle Mittereder. Kristi Noem served on 11/14/2025, answer due 1/13/2026. (Brown, Carla) (Entered: 11/18/2025)

SUMMONS Returned Executed by Danielle Mittereder. Kristi Noem served on 11/12/2025, answer due 1/13/2026. (Brown, Carla) (Entered: 11/19/2025)

NOTICE by Danielle Mittereder re 9 Summons Returned Executed as to USA (Notice of Withdrawal of Dkt. Entry 9] (Brown, Carla) (Entered: 11/20/2025)

SUMMONS Returned Executed by Danielle Mittereder. Kristi Noem served on 11/17/2025, answer due 1/16/2026. (Brown, Carla) (Entered: 12/02/2025)

Motion to appear Pro Hac Vice by Kelsey S. Speyer and Certification of Local Counsel Carla D. Brown Filing fee $ 75, receipt number AVAEDC-10619228. by Danielle Mittereder. (Brown, Carla) (Entered: 12/02/2025)

ORDER granting 13 Motion for Pro hac vice Appointed Kelsey Sarah Speyer for Danielle Mittereder. Signed by District Judge Michael S Nachmanoff on 12/3/2025. (swil) (Entered: 12/04/2025)

NOTICE of Appearance by Matthew J. Mezger on behalf of Kristi Noem (Mezger, Matthew) (Entered: 01/05/2026)

Certificate Reporting Service by Kristi Noem. All Defendants. (Mezger, Matthew) (Entered: 01/05/2026)

Consent MOTION for Extension of Time to File Response/Reply as to 1 Complaint by Kristi Noem. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 01/05/2026)

ORDER: This matter is before the Court on Defendants Consent Motion for an extension of Time to Respond to Plaintiffs Complaint (Motion) [Dkt. No. 17]. This matter can be resolved without oral argument, as such argument would not aid the decisional process. Upon consideration of the Motion and for good cause shown, it is hereby ORDERED that the Motion is GRANTED. Defendant shall file an answer or otherwise respond to Plaintiff's Complaint no later than January 26, 2026. Signed by Magistrate Judge Ivan D. Davis on 1/6/26. (yguy) (Entered: 01/06/2026)

MOTION to Dismiss by Kristi Noem. (Mezger, Matthew) Modified text on 1/27/2026 (triv). (Entered: 01/26/2026)

Memorandum of Law in Support in re 19 MOTION to Dismiss filed by Kristi Noem. (Attachments: # 1 Exhibit Ex. 1, # 2 Exhibit Ex. 2, # 3 Exhibit Ex. 3, # 4 Exhibit Ex. 4, # 5 Exhibit Ex. 5, # 6 Exhibit Ex. 6, # 7 Exhibit Ex. 7)(Mezger, Matthew) Modified text on 1/27/2026 (triv). (Entered: 01/26/2026)

Notice of Hearing Date in re 19 MOTION to Dismiss, 20 Memorandum of Law in Support, (Mezger, Matthew) (Entered: 01/26/2026)

Set Deadlines as to 19 MOTION to Dismiss for Failure to State a Claim. Motion Hearing set for 3/6/2026 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S. Nachmanoff. (wgar, )

AMENDED COMPLAINT against Kristi Noem, filed by Danielle Mittereder.(Brown, Carla) (Entered: 02/09/2026)

Opposition to 19 MOTION to Dismiss for Failure to State a Claim filed by Danielle Mittereder. (Attachments: # 1 Proposed Order)(Brown, Carla) (Entered: 02/09/2026)

1 Proposed Order

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NOTICE by Kristi Noem re 19 MOTION to Dismiss for Failure to State a Claim (Baumhart, Peter) (Entered: 02/17/2026)

So Ordered in re 24 NOTICE filed by Kristi Noem. Signed by District Judge Michael S Nachmanoff on 2/18/2026. (swil) (Entered: 02/18/2026)

MOTION to Dismiss for Failure to State a Claim by Kristi Noem. (Mezger, Matthew) (Entered: 02/23/2026)

Memorandum in Support re 26 MOTION to Dismiss for Failure to State a Claim filed by Kristi Noem. (Attachments: # 1 Exhibit Ex. 01, # 2 Exhibit Ex. 02, # 3 Exhibit Ex. 03, # 4 Exhibit Ex. 04, # 5 Exhibit Ex. 05, # 6 Exhibit Ex. 06, # 7 Exhibit Ex. 07)(Mezger, Matthew) (Entered: 02/23/2026)

1 Exhibit Ex. 01

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2 Exhibit Ex. 02

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3 Exhibit Ex. 03

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4 Exhibit Ex. 04

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5 Exhibit Ex. 05

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6 Exhibit Ex. 06

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7 Exhibit Ex. 07

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Notice of Hearing Date re 26 MOTION to Dismiss for Failure to State a Claim, 27 Memorandum in Support, (Mezger, Matthew) (Entered: 02/23/2026)

Motion Hearing set for 3/27/2026 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S. Nachmanoff as to 26 MOTION to Dismiss for Failure to State a Claim. (dzir)

Opposition to 26 MOTION to Dismiss for Failure to State a Claim filed by Danielle Mittereder. (Attachments: # 1 Proposed Order)(Brown, Carla) (Entered: 03/09/2026)

1 Proposed Order

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REPLY to Response to Motion re 26 MOTION to Dismiss for Failure to State a Claim filed by Kristi Noem. (Mezger, Matthew) (Entered: 03/16/2026)

Reset Deadlines as to 26 MOTION to Dismiss for Failure to State a Claim . Motion Hearing reset for 3/26/2026 at 02:00 PM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. (lcre, )

Minute Entry for proceedings held before District Judge Michael S Nachmanoff: Motion Hearing held on 3/26/2026. Counsel Jonathan Puth and Carla Brown appeared on behalf of Plaintiff. Counsel Matthew Mezger and Peter Baumhart appeared on behalf of Defendant. MOTION to Dismiss for Failure to State a Claim re 26 argued and DENIED. Government permitted 14 days to file response as articulated in open court. Order to follow. (Court Reporter D. Salters.)(lcre, ) (Entered: 03/26/2026)

ORDERED that the Motion re 26 is DENIED. ORDERED that Defendant will respond to the Amended Complaint within fourteen (14) days of the entry of this Order. Signed by District Judge Michael S Nachmanoff on 3/26/2026. (lcre, ) (Entered: 03/26/2026)

TRANSCRIPT of proceedings held on 3-26-26, before Judge Michael S. Nachmanoff., Court Reporter/Transcriber Diane Salters, Telephone number 301-338-8033. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vaed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the court reporter/transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/4/2026. Redacted Transcript Deadline set for 6/3/2026. Release of Transcript Restriction set for 7/2/2026. (lcre, ) (Entered: 04/06/2026)

ANSWER to Complaint by Kristi Noem.(Mezger, Matthew) (Entered: 04/09/2026)

SCHEDULING ORDER: Initial Pretrial Conference set for 5/6/2026 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 8/20/2026 at 02:00 PM in Alexandria Courtroom 600 before District Judge Michael S Nachmanoff. Discovery due by 8/14/2026. Signed by District Judge Michael S Nachmanoff on 4/10/2026. (Attachments: # 1 Magistrate Judge Consent Form, # 2 Pretrial Notice)(lcre, ) (Entered: 04/10/2026)

1 Magistrate Judge Consent Form

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2 Pretrial Notice

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Joint Proposed Discovery Plan by Danielle Mittereder.(Brown, Carla) (Entered: 04/29/2026)

Amended Discovery Plan by Danielle Mittereder.(Brown, Carla) (Entered: 05/01/2026)

Order Rule 16(b) Scheduling Order. Because the parties' Rule 26(f) Joint Proposed Discovery Plan 37 adequately addresses the matters that would be discussed during the initial pretrial conference and counsel consent to waiving their appearances at the initial pretrial conference, the initial pretrial conference scheduled for May 6, 2026, pursuant to Rule 16(b) and this Court's April 10, 2026, Order 35, is cancelled. Upon consideration of the representations made by the parties in their Rule 26(f) Joint Proposed Discovery Plan 37, the Court makes the following rulings: 1. All discovery shall be concluded by August 14, 2026. See order for further details. Signed by Magistrate Judge Ivan D. Davis on 5/4/2026. (lgue, ) (Entered: 05/04/2026)

Joint MOTION for Protective Order (Joint Motion for Entry of Stipulated Protective Order) by Danielle Mittereder. (Attachments: # 1 Proposed Order)(Brown, Carla) (Entered: 05/08/2026)

PROTECTIVE ORDER: Re Handling and Labeling of Confidential Information. Signed by Magistrate Judge Ivan D. Davis on 5/11/2026. SEE ORDER FOR FURTHER DETAILS. (wgar, ) (Entered: 05/11/2026)

Joint MOTION for Entry of Stipulated Protective Order for Materials Constituting Sensitive Security Information by Markwayne Mullin. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 05/18/2026)

Joint MOTION for Protective Order by Markwayne Mullin. (Attachments: # 1 Proposed Order Amended Stipulated Protective Order for Materials Constituting Sensitive Security Information)(Mezger, Matthew) (Entered: 05/19/2026)

PROTECTIVE ORDER. See order for further details. Signed by Magistrate Judge Ivan D. Davis on 5/20/2026. (lgue, ) (Entered: 05/20/2026)

ORDER - This matter is before the Court on the parties' Joint Motion for Protective Order (Motion) 41 . This matter can be resolved without oral argument, as such argument would not aid the decisional process. Upon consideration of the Motion and subsequent filings, it is hereby ORDERED that the Motion is DENIED as moot. Signed by Magistrate Judge Ivan D. Davis on 5/20/2026. (lgue, ) (Entered: 05/20/2026)

NOTICE of Appearance by Adam Seth Nadelhaft on behalf of Danielle Mittereder (Nadelhaft, Adam) (Entered: 08/05/2026)

Defendant's Witness List by Markwayne Mullin, U.S. Department of Homeland Security. (Mezger, Matthew) (Entered: 08/20/2026)

Defendant's Exhibit List by Markwayne Mullin, U.S. Department of Homeland Security.. (Mezger, Matthew) (Entered: 08/20/2026)

(Pretrial Disclosures) Exhibit List by Danielle Mittereder.. (Brown, Carla) (Entered: 08/20/2026)

(Pretrial Disclosures) Witness List by Danielle Mittereder. (Brown, Carla) (Entered: 08/20/2026)

Objection to 48 Exhibit List filed by Markwayne Mullin, U.S. Department of Homeland Security. (Mezger, Matthew) (Entered: 08/31/2026)

Objection to 47 Exhibit List filed by Danielle Mittereder. (Brown, Carla) (Entered: 08/31/2026)

Objection to 46 Witness List filed by Danielle Mittereder. (Brown, Carla) (Entered: 08/31/2026)

Joint MOTION for Entry of Consent Order Regarding Summary Judgment Briefing Schedule by Danielle Mittereder. (Attachments: # 1 Proposed Order)(Brown, Carla) (Entered: 09/10/2026)

Waiver of Oral Argument in re 54 Joint MOTION for Entry of Consent Order Regarding Summary Judgment Briefing Schedule filed by Danielle Mittereder (Brown, Carla) Modified on 9/10/2026 to correct docket text (Jarb, ). (Entered: 09/10/2026)

ORDER granting 54 Motion. Signed by District Judge Michael S Nachmanoff on 9/10/2026. (lcre, ) (Entered: 09/10/2026)

Motion to appear Pro Hac Vice by Rosemary Loehr and Certification of Local Counsel Carla Brown Filing fee $ 75, receipt number AVAEDC-11354257. by Danielle Mittereder. (Brown, Carla) (Entered: 09/18/2026)

MOTION for Summary Judgment by Danielle Mittereder. (Attachments: # 1 Proposed Order)(Brown, Carla) (Entered: 09/18/2026)

Memorandum in Support re 58 MOTION for Summary Judgment filed by Danielle Mittereder. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit)(Brown, Carla) (Entered: 09/18/2026)

Notice of Hearing Date set for 11/06/2026 re 58 MOTION for Summary Judgment (Brown, Carla) (Entered: 09/18/2026)

MOTION to Seal Memorandum and Certain Exhibits to Plaintiff's Motion for Partial Summary Judgment by Danielle Mittereder. (Attachments: # 1 Proposed Order)(Brown, Carla) (Entered: 09/18/2026)

Memorandum in Support re 61 MOTION to Seal Memorandum and Certain Exhibits to Plaintiff's Motion for Partial Summary Judgment filed by Danielle Mittereder. (Brown, Carla) (Entered: 09/18/2026)

Notice of Under Seal Filing LCvR5 (B) by Danielle Mittereder re 61 MOTION to Seal Memorandum and Certain Exhibits to Plaintiff's Motion for Partial Summary Judgment (Brown, Carla) (Entered: 09/18/2026)

Waiver of re 61 MOTION to Seal Memorandum and Certain Exhibits to Plaintiff's Motion for Partial Summary Judgment [Waiver of Oral Argument] by Danielle Mittereder (Brown, Carla) (Entered: 09/18/2026)

Sealed Memorandum in Support re 61 MOTION to Seal Memorandum and Certain Exhibits to Plaintiff's Motion for Partial Summary Judgment. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit)(Brown, Carla) (Entered: 09/18/2026)

MOTION for Summary Judgment by Markwayne Mullin, U.S. Department of Homeland Security. (Mezger, Matthew) (Entered: 09/18/2026)

Memorandum in Support re 66 MOTION for Summary Judgment filed by Markwayne Mullin. (Attachments: # 1 Exhibit DEX 01 - DEX 10, # 2 Exhibit DEX 11 - DEX 20, # 3 Exhibit DEX 21 - DEX 25, # 4 Exhibit DEX 26 - DEX 32)(Mezger, Matthew) (Entered: 09/18/2026)

NOTICE by Markwayne Mullin re 67 Memorandum in Support, of Filing Additional Exhibits in Support of His Motion for Summary Judgment (Attachments: # 1 Exhibit DEX 33 - DEX 43)(Mezger, Matthew) (Entered: 09/18/2026)

Notice of Hearing Date re 66 MOTION for Summary Judgment, 67 Memorandum in Support, (Mezger, Matthew) (Entered: 09/18/2026)

MOTION to Seal Certain Exhibits Defendant Filed In Support of His Motion for Summary Judgment by Markwayne Mullin. (Attachments: # 1 Proposed Order)(Mezger, Matthew) (Entered: 09/18/2026)

Notice of Filing Sealing Motion LCvR5(C) by Markwayne Mullin re 70 MOTION to Seal Certain Exhibits Defendant Filed In Support of His Motion for Summary Judgment (Mezger, Matthew) (Entered: 09/18/2026)

Sealed Document (Exhibit - DEX 13) re 70 MOTION to Seal Certain Exhibits Defendant Filed In Support of His Motion for Summary Judgment. (Attachments: # 1 Exhibit DEX 14, # 2 Exhibit DEX 17, # 3 Exhibit DEX 23, # 4 Exhibit DEX 26, # 5 Exhibit DEX 28)(Mezger, Matthew) (Entered: 09/18/2026)

Memorandum in Support re 70 MOTION to Seal Certain Exhibits Defendant Filed In Support of His Motion for Summary Judgment filed by Markwayne Mullin. (Mezger, Matthew) (Entered: 09/18/2026)

Waiver of re 73 Memorandum in Support, 70 MOTION to Seal Certain Exhibits Defendant Filed In Support of His Motion for Summary Judgment (Hearing) by Markwayne Mullin (Mezger, Matthew) (Entered: 09/18/2026)

NOTICE of Appearance by Jessica Danielle Strokus on behalf of Markwayne Mullin, U.S. Department of Homeland Security (Strokus, Jessica) (Entered: 09/21/2026)

ORDER granting 57 Motion for Pro hac vice. Appointed Rosemary Loehr for Danielle Mittereder. Signed by District Judge Michael S Nachmanoff on 9/21/2026. (kgall) (Entered: 09/21/2026)

Motion Hearing set for 11/6/2026 at 10:00 AM in Alexandria Courtroom 600 before District Judge Michael S. Nachmanoff as to 58 MOTION for Summary Judgment and 66 MOTION for Summary Judgment. (dzir)