ALLIANCE FOR RETIRED AMERICANS et al v. BESSENT et al Featured Case
Plaintiff: ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES and SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO
Defendant: SCOTT BESSENT, DEPARTMENT OF THE TREASURY and BUREAU OF THE FISCAL SERVICE
Case Number: 1:2025cv00313
Filed: February 3, 2025
Court: U.S. District Court for the District of Columbia
Office: Washington, DC Office
Nature of Suit: Administrative Procedure Act/Review or Appeal of Agency Decision
Cause of Action: 05 U.S.C. § 551 Administrative Procedure Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 16, 2025. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 14, 2025 Opinion or Order MINUTE ORDER: Local Rule of Civil Procedure 65.1(c) requires that any opposition to an application for preliminary injunction "be accompanied by all affidavits on which the defendant intends to rely." Rule 65.1(c) further dictates that "[s]upplemental affidavits either to the application or the opposition may be filed only with permission of the Court." When Plaintiffs filed a 16 Motion for Leave to Supplement their motion for preliminary injunction in accordance with Rule 65.1(c), Defendants opposed, and the Court issued a 24 Memorandum Opinion & Order resolving the motion. On February 12, Defendants filed their 24 Memorandum in Opposition to Plaintiffs' motion for preliminary injunction. Last night, February 13, Defendants filed a 25 Notice of a supplemental declaration "in connection with" their opposition. Defendants did not seek the Court's permission to file this supplemental affidavit as Rule 65.1(c) requires. Nor do they indicate that they have met and conferred with Plaintiffs as Local Rule of Civil Procedure 7(m) requires.Accordingly, the Court ORDERS that Defendants shall meet and confer with Plaintiffs and file a motion for leave to file the supplemental affidavit in accordance with Local Rules 7(m) and 65.1(c). Signed by Judge Colleen Kollar-Kotelly on 2/14/2025. (lcckk3)
February 13, 2025 Opinion or Order Filing 25 NOTICE of Supplemental Declaration Updating Declaration of Thomas H. Krause by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE (Attachments: # 1 Declaration Declaration of Thomas H. Krause)(Humphreys, Bradley)
February 12, 2025 Opinion or Order Filing 24 Memorandum in opposition to re 8 Motion for TRO, filed by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Declaration Krause Declaration, # 2 Declaration Gioeli Declaration, # 3 Declaration Wenzler Declaration, # 4 Declaration Robinson Declaration, # 5 Text of Proposed Order)(Humphreys, Bradley)
February 12, 2025 Opinion or Order Filing 23 ORDER granting 21 Motion for Leave to File. Signed by Judge Colleen Kollar-Kotelly on 2/12/2025. (lcckk3)
February 12, 2025 Opinion or Order Filing 22 ORDER granting 20 Motion for Leave to File. Signed by Judge Colleen Kollar-Kotelly on 2/12/2025. (lcckk3)
February 12, 2025 Opinion or Order Filing 21 Consent MOTION for Leave to File Amicus Brief in Opposition to Plaintiffs Motion for a Preliminary injunction by AMERICAN CENTER FOR LAW AND JUSTICE. (Attachments: # 1 Amicus Brief in Opposition to Plaintiffs Motion for a Preliminary injunction,, # 2 Text of Proposed Order Proposed Order)(Moelker, Nathan)
February 11, 2025 Opinion or Order Filing 20 Unopposed MOTION for Leave to File an Amicus Brief in Support of Plaintiffs' Motion for a Preliminary Injunction by FORMER TREASURY DEPARTMENT OFFICIALS. (Attachments: # 1 Exhibit A, Amicus Brief in Support of Plaintiffs Motion for a Preliminary injunction, # 2 Exhibit B, Proposed Order)(Ruzumna, Daniel)
February 11, 2025 Opinion or Order Filing 19 ORDER. For the reasons stated in the Court's earlier 18 Memorandum Opinion & Order, the Court ORDERS that Plaintiffs' 16 Motion to Supplement the Record is GRANTED. Signed by Judge Colleen Kollar-Kotelly on 2/11/2025. (lcckk3)
February 11, 2025 Opinion or Order Filing 18 MEMORANDUM OPINION & ORDER granting 16 Motion for Leave to File. For the reasons explained herein, this Memorandum Opinion & Order is HELD IN ABEYANCE until 5:30 PM ET on February 11, 2025. Signed by Judge Colleen Kollar-Kotelly on 2/11/2025. (lcckk3)
February 11, 2025 Opinion or Order Filing 17 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 2/4/2025. Answer due for ALL FEDERAL DEFENDANTS by 4/5/2025. (Joshi, Nandan)
February 11, 2025 Opinion or Order Filing 16 MOTION for Leave to File Supplement to the Record by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Attachments: # 1 Memorandum in Support, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4, # 6 Exhibit Exhibit 5, # 7 Exhibit Exhibit 6, # 8 Exhibit Exhibit 7, # 9 Text of Proposed Order)(Joshi, Nandan)
February 10, 2025 Opinion or Order Filing 15 NOTICE of Correction by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE (Attachments: # 1 Exhibit Krause Declaration, # 2 Exhibit Order)(Humphreys, Bradley)
February 6, 2025 Opinion or Order Set/Reset Deadlines/Hearings: Defendants' Response due by 2/12/2025. Plaintiffs' Reply due by 2/18/2025. Preliminary Injunction Hearing set for 2/24/2025 at 2:00 PM in Courtroom 28A- In Person before Judge Colleen Kollar-Kotelly. (dot)
February 6, 2025 Opinion or Order Filing 14 TRANSCRIPT OF SCHEDULING CONFERENCE before Judge Colleen Kollar-Kotelly held on February 5, 2025; Page Numbers: 1-50. Date of Issuance: February 6, 2025. Court Reporter/Transcriber Lisa Edwards. Telephone number (202) 354-3269. Transcripts may be ordered by submitting the Transcript Order FormFor the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 2/27/2025. Redacted Transcript Deadline set for 3/9/2025. Release of Transcript Restriction set for 5/7/2025.(Edwards, Lisa)
February 6, 2025 Opinion or Order Filing 13 ORDER: The parties' 12 Consent Motion is GRANTED. With the Plaintiffs' consent, the Plaintiffs' 8 Motion for a Temporary Restraining Order is CONVERTED to a Motion for a Preliminary Injunction. The Defendants shall file a response to the Plaintiffs' Motion for a Preliminary Injunction on or before February 12, 2025. The Plaintiffs shall file a Reply in support of the Motion on or before February 18, 2025. The parties shall appear for a hearing on the Motion for a Preliminary Injunction at 2:00 p.m. ET on February 24, 2025, in Courtroom 28-A. Signed by Judge Colleen Kollar-Kotelly on 2/6/2025. (lcckk3)
February 6, 2025 Opinion or Order Filing 12 Joint MOTION for Order Entering Proposed Order by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Attachments: # 1 Text of Proposed Order)(Joshi, Nandan)
February 6, 2025 Opinion or Order RESOLVED.....NOTICE of Provisional/Government Not Certified Status re 11 Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley).Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/13/2025. (zapb) Modified on 2/6/2025 (zhcn).
February 5, 2025 Opinion or Order Minute Entry for proceedings held before Judge Colleen Kollar-Kotelly: Scheduling Conference held on 2/5/2025 on Plaintiffs' 8 Motion for Temporary Restraining Order. See Order for details. (Court Reporter Lisa Edwards.) (zdot)
February 5, 2025 Opinion or Order NOTICE of Provisional/Government Not Certified Status re 11 Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) Modified event on 2/6/2025 (znmw)..Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 2/12/2025. (zhcn)
February 5, 2025 Opinion or Order Filing 11 Joint MOTION for Entry of Proposed Order by SCOTT BESSENT, DEPARTMENT OF THE TREASURY, BUREAU OF THE FISCAL SERVICE. (Attachments: # 1 Text of Proposed Order)(Humphreys, Bradley) Modified event on 2/6/2025 (znmw).
February 5, 2025 Opinion or Order Filing 10 ORDER. The parties shall appear for a telephone conference on the record before this Court at 3:00 p.m. ET today, February 5, 2025. See Order for further details. Signed by Judge Colleen Kollar-Kotelly on 02/05/2025. (lcckk1)
February 5, 2025 Opinion or Order Filing 9 NOTICE of Appearance by Bradley P. Humphreys on behalf of All Defendants (Humphreys, Bradley)
February 5, 2025 Opinion or Order Filing 8 MOTION for Temporary Restraining Order by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO. (Attachments: # 1 Memorandum in Support, # 2 Declaration ARA, # 3 Declaration AFGE, # 4 Declaration SEIU, # 5 Text of Proposed Order)(Joshi, Nandan)
February 5, 2025 Opinion or Order MINUTE ORDER: The Court held a scheduling hearing on Plaintiffs' 8 Motion for Temporary Restraining Order. Following initial discussions, the Court sent the parties a proposed order that would defer ruling on the Motion and order Defendants to take steps to preserve the status quo with respect to access to systems of records maintained by Defendant Bureau of the Fiscal Service. The Court recessed, and the parties each submitted their own proposed edits to the Court's proposed order. The Court then reconvened the parties and discussed their proposals. Although the parties appear to agree in principle, there are a few lingering disputes. And the parties require additional time to meet and confer. With that in mind, the Court proposed two possible tracks for moving forward with this litigation. Track One: The parties confer and agree to the terms of a proposed consent order to the preserve the status quo. The parties promptly file a consent motion to enter that order, with the terms of their agreement attached as a proposed order. Plaintiffs convert the 8 Motion for Temporary Restraining Order into a motion for a preliminary injunction. Defendants respond to that motion on or before February 12, 2025. Plaintiffs reply on or before February 18, 2025. And the Court holds a motion hearing at 2:00 PM ET on February 24, 2025 in Courtroom 28A. Track Two: The parties confer and are unable to reach an agreement on the terms of a proposed consent order to preserve the status quo. Defendants file their opposition to the 8 Motion for Temporary Restraining Order by 12:00 PM ET on February 6, 2025. Plaintiffs file their reply by 4:00 PM ET on February 6, 2025. And the Court holds a motion hearing at 3:30 PM ET on February 7, 2025 in Courtroom 28A. The Court ORDERS that the parties confer regarding these two tracks. If the parties reach an agreement to follow Track One, the Court ORDERS that the parties shall file their consent motion no later than 11:30 AM ET, tomorrow February 6 and adhere to the deadlines described above in Track One. If no such motion is filed by 11:30 AM ET, the Court ORDERS that the parties shall adhere to the deadlines described above in Track Two. The parties may contact Chambers by email as necessary in advance of these deadlines. Signed by Judge Colleen Kollar-Kotelly on 2/5/2025. (lcckk3)
February 5, 2025 Opinion or Order MINUTE ORDER: The Court held a scheduling hearing on Plaintiffs' 8 Motion for Temporary Restraining Order. The Court adjourned that scheduling hearing to allow the parties to confer. The parties shall reconvene via teleconference to continue the scheduling hearing at 6:00 PM ET this evening, February 5, 2025.The Court will again provide access for the public to telephonically attend the scheduling hearing. The hearing can be accessed by dialing the toll-free number: (833) 990-9400 (Meeting ID: 585620654). Attendees using the public access telephone line can listen to proceedings but cannot speak during the hearing. Attendees are also reminded of the general prohibition against photographing, recording, or rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Signed by Judge Colleen Kollar-Kotelly on 2/5/2025. (lcckk3)
February 5, 2025 Opinion or Order MINUTE ORDER: The Court will provide access for the public to telephonically attend the scheduling hearing on Plaintiffs' 8 Motion for Temporary Restraining Order, set for February 5, 2025 at 3:00 PM ET. The hearing can be accessed by dialing the toll-free number: (833) 990-9400 (Meeting ID: 585620654). Attendees using the public access telephone line can listen to proceedings but cannot speak during the hearing. Attendees are also reminded of the general prohibition against photographing, recording, or rebroadcasting any court proceedings (including those held by telephone or videoconference). Violation of these prohibitions may result in sanctions, including removal of court-issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Signed by Judge Colleen Kollar-Kotelly on 2/5/2025. (lcckk3)
February 4, 2025 Opinion or Order Filing 7 ORDER ESTABLISHING PROCEDURES FOR CIVIL CASES ASSIGNED TO JUDGE COLLEEN KOLLAR-KOTELLY. Signed by Judge Colleen Kollar-Kotelly on 02/04/2025. (lcckk1)
February 4, 2025 Opinion or Order Filing 6 SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw)
February 4, 2025 Opinion or Order Filing 5 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by ALLIANCE FOR RETIRED AMERICANS (Joshi, Nandan)
February 4, 2025 Opinion or Order Filing 4 ERRATA by ALLIANCE FOR RETIRED AMERICANS, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO re 1 Complaint,. (Joshi, Nandan)
February 4, 2025 Opinion or Order Case Assigned to Judge Colleen Kollar-Kotelly. (znmw)
February 3, 2025 Opinion or Order Filing 3 NOTICE of Appearance by Allison Marcy Zieve on behalf of All Plaintiffs (Zieve, Allison)
February 3, 2025 Opinion or Order Filing 2 NOTICE of Appearance by Nicolas Sansone on behalf of All Plaintiffs (Sansone, Nicolas)
February 3, 2025 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11453107) filed by ALLIANCE FOR RETIRED AMERICANS, SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO, AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES. (Attachments: # 1 Civil Cover Sheet, # 2 Summons USAO-DC, # 3 Summons AG, # 4 Summons Bessent, # 5 Summons Treasury, # 6 Summons Fiscal Service)(Joshi, Nandan)

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Search for this case: ALLIANCE FOR RETIRED AMERICANS et al v. BESSENT et al
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Plaintiff: ALLIANCE FOR RETIRED AMERICANS
Represented By: Nandan M. Joshi
Represented By: Nicolas Sansone
Represented By: Allison Marcy Zieve
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Plaintiff: AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES
Represented By: Nandan M. Joshi
Represented By: Nicolas Sansone
Represented By: Allison Marcy Zieve
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Plaintiff: SERVICE EMPLOYEES INTERNATIONAL UNION AFL-CIO
Represented By: Nandan M. Joshi
Represented By: Nicolas Sansone
Represented By: Allison Marcy Zieve
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Defendant: SCOTT BESSENT
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Defendant: DEPARTMENT OF THE TREASURY
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Defendant: BUREAU OF THE FISCAL SERVICE
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