Case: American Federation of Government Employees, AFL-CIO v. Equal Employment Opportunity Commission

1:26-cv-02640 | U.S. District Court for the District of District of Columbia

Filed Date: July 28, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

[This summary is temporary while we research this case.]

This case challenges the EEOC’s categorical and indefinite suspension of federal-sector class complaints, which plaintiffs allege prevents administrative judges from processing cases as required by EEOC regulations. Plaintiffs argue that the Suspension Directive violates the Administrative Procedure Act because it is contrary to binding regulations, arbitrary and capricious, and unlawfully withholds or delays required agency action. The plaintiffs seek to vacate the directive and require the EEOC to resume processing pending federal-sector class complaints.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73679810/parties/american-federation-of-government-employees-afl-cio-v-equal-employment/


Judge(s)

Kollar-Kotelly, Colleen (District of Columbia)

Attorney for Plaintiff

Becker, Harold Craig (District of Columbia)

Burakiewicz, Heidi Rhodes (District of Columbia)

Grajales, Andres M. (District of Columbia)

Attorney for Defendant

Harlow, James William (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-02640

Complaint for Declaratory and Injunctive Relief

American Federation of Government Employees, AFL-CIO et al. v. U.S. Equal Employment Opportunity Commission et al.

July 28, 2026

July 28, 2026

Complaint
22

1:26-cv-02640

Memorandum Opinion

American Federation of Government Employees, AFL-CIO v. U.S. Equal Employment Opportunity Commission

Sept. 2, 2026

Sept. 2, 2026

Order/Opinion

2026 WL 2593718

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73679810/american-federation-of-government-employees-afl-cio-v-equal-employment/

Last updated Nov. 4, 2026, 3:22 a.m.

Docket for: AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO v. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
ECF Number Date Description Link
1 July 28, 2026

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 405 receipt number ADCDC-12572212) filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, ALEXZANDRIA BOYD, DEANNA CHELETTE. (Attachments: # 1 Civil Cover Sheet Cover Sheet, # 2 Summons Attorney General, # 3 Summons DC Attorney General, # 4 Summons EEOC, # 5 Summons Andrea Lucas)(Sellers, Joseph) (Entered: 07/28/2026)

1 Civil Cover Sheet Cover Sheet

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2 Summons Attorney General

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3 Summons DC Attorney General

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4 Summons EEOC

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5 Summons Andrea Lucas

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Clearinghouse
2 July 28, 2026

SEALED DOCUMENT filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, ALEXZANDRIA BOYD, DEANNA CHELETTE(This document is SEALED and only available to authorized persons.)(Sellers, Joseph) (Entered: 07/28/2026)

RECAP
3 July 28, 2026

NOTICE of Appearance by Joseph M. Sellers on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, ALEXZANDRIA BOYD, DEANNA CHELETTE (Sellers, Joseph) (Entered: 07/28/2026)

RECAP
4 July 28, 2026

NOTICE of Appearance by Phoebe Wolfe on behalf of All Plaintiffs (Wolfe, Phoebe) (Entered: 07/28/2026)

RECAP
5 July 28, 2026

NOTICE of Appearance by Heidi Rhodes Burakiewicz on behalf of All Plaintiffs (Burakiewicz, Heidi) (Entered: 07/28/2026)

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6 July 28, 2026

NOTICE of Appearance by Rushab Sanghvi on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (Sanghvi, Rushab) (Entered: 07/28/2026)

RECAP
7 July 28, 2026

SUMMONS (4) Issued Electronically as to ANDREA R. LUCAS, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zjm) (Entered: 07/28/2026)

RECAP
8 July 28, 2026

NOTICE of Appearance by Andres M. Grajales on behalf of AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO (Grajales, Andres) (Entered: 07/28/2026)

RECAP
9 July 28, 2026

ORDER ESTABLISHING PROCEDURES FOR CIVIL CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 07/28/2026. (lcckk1) (Entered: 07/28/2026)

RECAP
10 July 28, 2026

NOTICE of Appearance by Taryn Wilgus Null on behalf of All Plaintiffs (Null, Taryn) (Entered: 07/28/2026)

RECAP
11 July 28, 2026

NOTICE of Appearance by Harold Craig Becker on behalf of All Plaintiffs (Becker, Harold) (Entered: 07/28/2026)

RECAP
12 July 28, 2026

NOTICE of Appearance by Tianna Jade Mays on behalf of All Plaintiffs (Mays, Tianna) (Entered: 07/28/2026)

RECAP
July 28, 2026

Case Assigned/Reassigned

July 28, 2026

Case Assigned to Judge Colleen Kollar-Kotelly. (zjm)

13 Aug. 3, 2026

MOTION for Preliminary Injunction, MOTION to Stay by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, ALEXZANDRIA BOYD, DEANNA CHELETTE. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Text of Proposed Order)(Sellers, Joseph) (Entered: 08/03/2026)

RECAP
Aug. 4, 2026

MINUTE ORDER: The Court is in receipt of the Plaintiffs' 13 Motion for a Preliminary Injunction and Stay Pursuant to 5 U.S.C. § 705. In the interest of promptly resolving this Motion, it is ORDERED that the Defendants shall respond to the Motion and file a copy of any administrative record underlying the decisions at issue on or before August 13, 2026. See Am. Bioscience, Inc. v. Thompson, 243 F.3d 579, 582 (D.C. Cir. 2001) (holding that a district court must "require[] the [agency] to file the administrative record" and "determine[] the grounds on which" the agency acted before deciding whether a party has shown a likelihood of success on the merits of a claim under the Administrative Procedure Act). The Plaintiffs shall file any reply on or before August 18, 2026. If necessary, the Court shall set a hearing on the Plaintiffs' Motion by further order. The Plaintiffs shall promptly serve copies of this Order on the Defendants, the Attorney General, and the U.S. Attorney for the District of Columbia. Signed by Judge Colleen Kollar-Kotelly on 08/04/2026. (lcckk1)

Aug. 4, 2026

.Order AND ~Util - Set/Reset Deadlines

14 Aug. 5, 2026

ENTERED IN ERROR.....RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the District of Columbia Attorney General. Date of Service Upon District of Columbia Attorney General 7/29/2026. Answer due for ALL D.C. DEFENDANTS by 8/19/2026. (Wolfe, Phoebe) Modified on 8/5/2026; Counsel refiled at docket entry 16 (mg). (Entered: 08/05/2026)

RECAP
15 Aug. 5, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 8/5/2026. (Wolfe, Phoebe) (Entered: 08/05/2026)

RECAP
16 Aug. 5, 2026

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 7/29/2026. Answer due for ALL FEDERAL DEFENDANTS by 9/27/2026. (Wolfe, Phoebe) (Entered: 08/05/2026)

RECAP
17 Aug. 12, 2026

NOTICE of Appearance by James William Harlow on behalf of All Defendants (Harlow, James) (Entered: 08/12/2026)

RECAP
18 Aug. 13, 2026

Memorandum in opposition to re 13 MOTION for Preliminary Injunction MOTION to Stay filed by ANDREA R. LUCAS, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit A - Pippen Scheduling Order, # 2 Exhibit B - Kelley Scheduling Order, # 3 Exhibit C - Schildgen Scheduling Order, # 4 Exhibit D - EEOC Counsel Email, # 5 Declaration of Sharon Rose)(Harlow, James) (Entered: 08/13/2026)

1 Exhibit A - Pippen Scheduling Order

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2 Exhibit B - Kelley Scheduling Order

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3 Exhibit C - Schildgen Scheduling Order

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4 Exhibit D - EEOC Counsel Email

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5 Declaration of Sharon Rose

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RECAP
19 Aug. 14, 2026

Unopposed MOTION for Extension of Time to File Response/Reply as to 13 MOTION for Preliminary Injunction MOTION to Stay by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, ALEXZANDRIA BOYD, DEANNA CHELETTE. (Wolfe, Phoebe) (Entered: 08/14/2026)

RECAP
Aug. 14, 2026

Order on Motion for Extension of Time to File Response/Reply AND Set/Reset Deadlines

Aug. 14, 2026

MINUTE ORDER: For good cause shown, the Plaintiffs' 19 Unopposed Motion for Extension of Time is GRANTED. The Plaintiffs shall file any reply in support of their 13 Motion for a Preliminary Injunction and Stay on or before September 1, 2026. Signed by Judge Colleen Kollar-Kotelly on 08/14/2026. (lcckk1)

20 Sept. 1, 2026

REPLY to opposition to motion re 13 Motion for Preliminary Injunction,, Motion to Stay, filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, ALEXZANDRIA BOYD, DEANNA CHELETTE. (Attachments: # 1 Exhibit Declaration, # 2 Exhibit Declaration, # 3 Exhibit Declaration, # 4 Exhibit Declaration, # 5 Exhibit Declaration, # 6 Exhibit Declaration)(Sellers, Joseph) (Entered: 09/01/2026)

1 Exhibit Declaration

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2 Exhibit Declaration

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3 Exhibit Declaration

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4 Exhibit Declaration

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5 Exhibit Declaration

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6 Exhibit Declaration

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RECAP
21 Sept. 2, 2026

ORDER denying without prejudice the Plaintiffs' 13 Motion for a Preliminary Injunction and Stay and setting deadlines for further proceedings, including limited discovery. Signed by Judge Colleen Kollar-Kotelly on 09/02/2026. (lcckk1) (Entered: 09/02/2026)

RECAP
22 Sept. 2, 2026

MEMORANDUM OPINION accompanying 21 Order denying without prejudice the Plaintiffs' 13 Motion for a Preliminary Injunction and Stay and setting deadlines for further proceedings, including limited discovery. Signed by Judge Colleen Kollar-Kotelly on 09/02/2026. (lcckk1) (Entered: 09/02/2026)

Clearinghouse
23 Sept. 16, 2026

MOTION for Leave to File a Rule 12(b)(1) Motion to Dismiss, MOTION to Stay Discovery by ANDREA R. LUCAS, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Exhibit A (Plaintiffs' Discovery Requests), # 2 Text of Proposed Order)(Harlow, James). Added MOTION to Dismiss on 9/17/2026 (zjm). (Entered: 09/16/2026)

RECAP
24 Sept. 16, 2026

MEMORANDUM OPINION AND ORDER regarding Defendants' 23 Motion for Leave to File a Rule 12(b)(1) Motion to Dismiss and to Stay Discovery. Signed by Judge Colleen Kollar-Kotelly on 09/16/2026. (lcckk1)

RECAP
25 Sept. 21, 2026

Memorandum in opposition to re 23 MOTION for Leave to File a Rule 12(b)(1) Motion to Dismiss MOTION to Stay Discovery MOTION to Dismiss filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, ALEXZANDRIA BOYD, DEANNA CHELETTE. (Attachments: # 1 Text of Proposed Order)(Sellers, Joseph) (Entered: 09/21/2026)

RECAP
26 Sept. 23, 2026

REPLY to opposition to motion re 23 Motion for Leave to File,, Motion to Stay,, Motion to Dismiss, filed by ANDREA R. LUCAS, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Harlow, James) (Entered: 09/23/2026)

RECAP
27 Sept. 28, 2026

MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by ANDREA R. LUCAS, U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. (Attachments: # 1 Text of Proposed Order)(Harlow, James) (Entered: 09/28/2026)

1 Text of Proposed Order

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RECAP
Sept. 29, 2026

MINUTE ORDER: The Court is in receipt of Defendants' 27 Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Failure to State a Claim for Relief. In light of Defendants' 27 Motion to Dismiss, if Plaintiffs want the Court to consider any additional reasons why limited discovery should proceed pending resolution of Defendants' Motion to Dismiss, Plaintiffs may file a Supplement to their 25 Opposition to Motion to Stay Discovery. Any such Supplement shall be filed no later than 12:00pm ET on October 2, 2026 . Plaintiffs are instructed not to repeat arguments from their 25 Opposition. Signed by Judge Colleen Kollar-Kotelly on 09/28/2026. (lcckk1)

Sept. 29, 2026

.Order AND ~Util - Set/Reset Deadlines

Sept. 29, 2026

MINUTE ORDER: The Court is in receipt of Defendants' 27 Motion to Dismiss for Lack of Subject-Matter Jurisdiction and Failure to State a Claim for Relief. Plaintiffs shall respond to Defendants' Motion on or before October 13, 2026, and Defendants shall file any reply in support of their Motion on or before October 20, 2026. See LCvR 7(b), (d). Signed by Judge Colleen Kollar-Kotelly on 09/29/2026. (lcckk1)

28 Oct. 2, 2026

SUPPLEMENTAL MEMORANDUM to re 25 Memorandum in Opposition, filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, ALEXZANDRIA BOYD, DEANNA CHELETTE. (Sellers, Joseph) (Entered: 10/02/2026)

RECAP
29 Oct. 3, 2026

ORDER denying Defendants' 23 Motion to Stay Discovery and setting further deadlines. Signed by Judge Colleen Kollar-Kotelly on 10/03/2026. (lcckk1) (Entered: 10/03/2026)

RECAP
30 Oct. 3, 2026

MEMORANDUM OPINION regarding Defendants' 23 Motion to Stay Discovery. Signed by Judge Colleen Kollar-Kotelly on 10/03/2026. (lcckk1)

RECAP
31 Oct. 13, 2026

Memorandum in opposition to re 27 MOTION to Dismiss filed by AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, ALEXZANDRIA BOYD, DEANNA CHELETTE. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Sellers, Joseph) (Entered: 10/13/2026)

RECAP
Oct. 14, 2026

.Order AND ~Util - Set/Reset Deadlines

32 Oct. 20, 2026

Reply to opposition to motion

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33 Oct. 27, 2026

Notice (Other)

1 Exhibit A: Defendants' Revised Responses and Objections

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2 Exhibit B: EEOC Document Production

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RECAP
34 Nov. 2, 2026

Compel

RECAP

Case Details

State / Territory:

District of Columbia

Case Type(s):

Child Welfare

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations By the Government

Key Dates

Filing Date: July 28, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

District of District of Columbia 1:26-cv-02640

Recommended Citation