Case: Open Technology Fund v. Lake

1:25-cv-00840 | U.S. District Court for the District of District of Columbia

Filed Date: March 20, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the termination of congressionally appropriated grant funding to the Open Technology Fund (OTF), a nonprofit dedicated to promoting internet freedom. On March 20, 2025, represented by private counsel, OTF filed this lawsuit in the U.S. District Court for the District of Columbia against the U.S. Agency for Global Media (USAGM), along with its leadership and the Office of Management and Budget (OMB). OTF alleged that defendants violated the Administrative Procedure Act (APA)…

This case challenged the termination of congressionally appropriated grant funding to the Open Technology Fund (OTF), a nonprofit dedicated to promoting internet freedom. On March 20, 2025, represented by private counsel, OTF filed this lawsuit in the U.S. District Court for the District of Columbia against the U.S. Agency for Global Media (USAGM), along with its leadership and the Office of Management and Budget (OMB). OTF alleged that defendants violated the Administrative Procedure Act (APA), exceeded statutory authority, and acted ultra vires by withholding congressionally appropriated grant funds.

The case was assigned to Judge Royce C. Lamberth.

On March 15, Kari Lake (CEO of USAGM) informed the plaintiff of the termination of its grant agreement for FY 2024, citing new agency priorities following Executive Order 14238. The plaintiff moved for a temporary restraining order (TRO) on March 20, seeking immediate disbursement of $655,508 required for payroll and critical operating expenses for March. Just before a scheduled hearing on March 27, USAGM rescinded the termination and disbursed OTF’s March funds. Based on that development, OTF withdrew its motion for TRO.

However, USAGM subsequently withheld plaintiff’s grant payments for April, May, and June, failing to disburse funds required under thegrant agreement and financial plan. The plaintiff moved for a preliminary injunction (PI) on April 29, seeking an order compelling immediate disbursement of congressionally appropriated monthly operating funds for April ($780,508), May ($655,508), and June ($655,508), along with regular monthly payments thereafter.

USAGM opposed the motion for PI arguing that the District Court lacked jurisdiction under the Tucker Act, claiming the sought remedy belonged exclusively in the Court of Federal Claims. USAGM contended further that the plaintiff had not demonstrated irreparable harm. The plaintiff emphasized the imminent collapse of its congressionally mandated services without immediate funding, and argued that USAGM’s unexplained withholding of congressionally appropriations violated federal statutes and constitutional principles.

On June 20, Judge Lamberth granted the motion for PI, concluding that the court had jurisdiction under the APA and relevant statutory provisions, and that OTF was likely to succeed on the merits. He found irreparable harm due to the steady erosion of OTF’s essential programs and concluded that the balance of equities strongly favored injunctive relief. The court ordered USAGM to immediately disburse all past-due funds for April, May, and June, and to continue monthly disbursements according to the approved schedule through September. The court imposed a nominal $100 bond on OTF and required the government to provide monthly status reports documenting compliance. (2025 WL 1726124)

The government’s motion to dismiss for lack of jurisdiction and summary judgment, filed June 17, as of today, remains pending. The government has not yet appealed Judge Lamberth’s preliminary injunction ruling, and no further merits determinations or final judgments have been issued. 

The case is ongoing.

Summary Authors

Jillian Snyman (3/26/2025)

Brian Chen (6/30/2025)

Muhammad Hammad Amin (10/9/2025)

Related Cases

Widakuswara v. Lake, District of District of Columbia (2025)

Radio Free Asia v. United States of America, District of District of Columbia (2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/69765042/parties/open-technology-fund-v-lake/


Judge(s)

Lamberth, Royce C. (District of Columbia)

Attorney for Plaintiff

Amberson, Sophia Elizabeth (District of Columbia)

Daugherty, Patrick O. (District of Columbia)

Quihuis, Liberty (District of Columbia)

Attorney for Defendant

Heiman, Julia Alexandra (District of Columbia)

show all people

Documents in the Clearinghouse

Document
4

1:25-cv-00840

Plaintiff's Motion for Temporary Restraining Order

March 20, 2025

March 20, 2025

Pleading / Motion / Brief
1

1:25-cv-00840

Complaint for Declaratory and Injunctive Relief

March 20, 2025

March 20, 2025

Complaint
7

1:25-cv-00840

Defendants' Opposition to Plaintiff's Motion for a Temporary Restraining Order

March 24, 2025

March 24, 2025

Pleading / Motion / Brief
16

1:25-cv-00840

Order

March 31, 2025

March 31, 2025

Order/Opinion
19

1:25-cv-00840

Notice of Withdrawal of Plaintiff's Motion For Temporary Restraining Order

April 3, 2025

April 3, 2025

Pleading / Motion / Brief
22

1:25-cv-00840

Plaintiff's Motion for Preliminary Injunction

April 29, 2025

April 29, 2025

Pleading / Motion / Brief
29

1:25-cv-00840

Order

May 19, 2025

May 19, 2025

Order/Opinion
33

1:25-cv-00840

Defendants' Motion to Dismiss and For Summary Judgment

June 17, 2025

June 17, 2025

Pleading / Motion / Brief
35

1:25-cv-00840

Memorandum Order

June 20, 2025

June 20, 2025

Order/Opinion

2025 WL 1726124

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/69765042/open-technology-fund-v-lake/

Last updated Oct. 31, 2025, 11:06 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Kari Lake, Victor Morales, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 405 receipt number ADCDC-11556988) filed by OPEN TECHNOLOGY FUND. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Daugherty, Patrick) (Entered: 03/20/2025)

1 Civil Cover Sheet

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2 Summons

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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7 Summons

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March 20, 2025

March 20, 2025

Clearinghouse
2

NOTICE OF RELATED CASE by OPEN TECHNOLOGY FUND. Case related to Case No. 1:25-cv-799. (Daugherty, Patrick) (Entered: 03/20/2025)

March 20, 2025

March 20, 2025

PACER
3

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by OPEN TECHNOLOGY FUND (Daugherty, Patrick) (Entered: 03/20/2025)

March 20, 2025

March 20, 2025

PACER
4

MOTION for Temporary Restraining Order by OPEN TECHNOLOGY FUND. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Laura Cunningham, # 3 Exhibit A, # 4 Exhibit B, # 5 Text of Proposed Order)(Daugherty, Patrick) (Entered: 03/20/2025)

1 Memorandum in Support

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2 Declaration of Laura Cunningham

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3 Exhibit A

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4 Exhibit B

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5 Text of Proposed Order

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March 20, 2025

March 20, 2025

Clearinghouse
5

SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney, and U.S. Attorney General. (Attachment: # 1 Notice and Consent) (zjd) (Main Document 5 replaced on 3/21/2025) (zdp). (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

PACER

Case Assigned to Judge Royce C. Lamberth. (zjd)

March 21, 2025

March 21, 2025

Case Assigned/Reassigned

March 21, 2025

March 21, 2025

.Order AND ~Util - Set/Reset Deadlines

March 21, 2025

March 21, 2025

MINUTE ORDER: It is hereby ORDERED that the defendants shall file their opposition to the plaintiff's Motion 4 for a Temporary Restraining Order on or before March 24, 2025. Signed by Judge Royce C. Lamberth on 03/21/2025. (lcrcl2)

March 21, 2025

March 21, 2025

6

NOTICE of Appearance by Julia Alexandra Heiman on behalf of KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET (Heiman, Julia) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

PACER
7

RESPONSE re 4 MOTION for Temporary Restraining Order filed by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 03/24/2025)

March 24, 2025

March 24, 2025

Clearinghouse
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Sophia E. Amberson, Filing fee $ 100, receipt number ADCDC-11565072. Fee Status: Fee Paid. by OPEN TECHNOLOGY FUND. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Daugherty, Patrick) (Entered: 03/25/2025)

March 25, 2025

March 25, 2025

PACER
9

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Liberty Quihuis, Filing fee $ 100, receipt number ADCDC-11565167. Fee Status: Fee Paid. by OPEN TECHNOLOGY FUND. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Daugherty, Patrick) (Entered: 03/25/2025)

March 25, 2025

March 25, 2025

PACER
10

REPLY to opposition to motion re 4 Motion for TRO filed by OPEN TECHNOLOGY FUND. (Attachments: # 1 Declaration (Second) Cunningham, # 2 Exhibit C)(Daugherty, Patrick) (Entered: 03/26/2025)

1 Declaration (Second) Cunningham

View on RECAP

2 Exhibit C

View on RECAP

March 26, 2025

March 26, 2025

RECAP
11

NOTICE of Appearance by Sophia Elizabeth Amberson on behalf of OPEN TECHNOLOGY FUND (Amberson, Sophia) (Entered: 03/26/2025)

March 26, 2025

March 26, 2025

PACER

.Order

March 26, 2025

March 26, 2025

Notice of Hearing

March 26, 2025

March 26, 2025

NOTICE of Hearing: Motion Hearing, re: 4 Motion for Temporary Restraining Order is set for 3/27/2025 at 10:00 AM in Courtroom 15 (In Person) before Judge Royce C. Lamberth. (smc)

March 26, 2025

March 26, 2025

Order on Motion for Leave to Appear Pro Hac Vice

March 26, 2025

March 26, 2025

MINUTE ORDER: The court will provide access for the public to telephonically attend the hearing scheduled for March 27, 2025, at 10:00 AM. The hearing can be accessed by dialing the Toll-Free Number: 833-990-9400 (Meeting ID: 720718696). It is hereby ORDERED that the attendees using the public access telephone line shall adhere to the following: persons remotely accessing court proceedings are reminded of the general prohibition against photographing, recording, and 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 presiding Judge. Signed by Judge Royce C. Lamberth on 3/26/2025. (smc)

March 26, 2025

March 26, 2025

MINUTE ORDER: Upon consideration of the Motion 8 for Leave to Appear Pro Hac Vice, it is hereby ORDERED that the Motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Royce C. Lamberth on 03/26/2025. (lcrcl2)

March 26, 2025

March 26, 2025

MINUTE ORDER: Upon consideration of the Motion 9 for Leave to Appear Pro Hac Vice, it is hereby ORDERED that the Motion is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Royce C. Lamberth on 03/26/2025. (lcrcl2)

March 26, 2025

March 26, 2025

12

NOTICE of Appearance by Abigail Stout on behalf of All Defendants (Stout, Abigail) (Main Document 12 replaced on 3/27/2025) (zdp). (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

PACER
13

NOTICE OF WITHDRAWAL OF GRANT TERMINATION by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET (Stout, Abigail) (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

RECAP
14

NOTICE of Appearance by Liberty Quihuis on behalf of OPEN TECHNOLOGY FUND (Quihuis, Liberty) (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

PACER
15

NOTICE Defendants' Supplemental Notice by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET (Heiman, Julia) (Entered: 03/27/2025)

March 27, 2025

March 27, 2025

RECAP

Status Conference

March 27, 2025

March 27, 2025

Notice of Hearing

March 27, 2025

March 27, 2025

Minute Entry for proceedings held before Judge Royce C. Lamberth: Case originally called for Motion Hearing but not held. Status Conference held on 3/27/2025. Parties informed Court they are reaching agreement. Court Reporter: Lisa Moreira. (smc)

March 27, 2025

March 27, 2025

NOTICE of Hearing: Motion Hearing set for 3/31/2025 at 2:00 PM via ZOOM before Judge Royce C. Lamberth. (smc)

March 27, 2025

March 27, 2025

16

ORDER: The Court will defer ruling on the Motion 4 for a Temporary Restraining Order at this time. Upon consideration of the plaintiff's Motion 4 for a Temporary Restraining Order, the responses and replies thereto, the parties' representations at the hearings held on March 27, 2025 and March 31, 2025, and the entire record herein, it is hereby ORDERED that the defendants shall file daily status updates, beginning on April 1, 2025, and continuing for seven days or until the $655,508 associated with OTF's March drawdown request is disbursed to the plaintiff, or until the Court orders otherwise. The defendants are advised that, if the status updates are found to be lacking in sufficient detail or fail to demonstrate adequate progress, the Court will proceed to rule on the Motion for a Temporary Restraining Order. Signed by Judge Royce C. Lamberth on 03/31/2025. (lcrcl2) (Entered: 03/31/2025)

March 31, 2025

March 31, 2025

Clearinghouse

Motion Hearing

March 31, 2025

March 31, 2025

Minute Entry for Video Motion Hearing held on 3/31/2025 before Judge Royce C. Lamberth: re 4 MOTION for Temporary Restraining Order . Oral arguments heard and TAKEN UNDER ADVISEMENT. Court Reporter: Sara Wick. (smc)

March 31, 2025

March 31, 2025

1

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11583333) filed by MIDDLE EAST BROADCASTING NETWORKS, INC.. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons)(Verrilli, Donald) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

Clearinghouse
17

STATUS REPORT by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. (Heiman, Julia) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

RECAP
2

REQUEST FOR SUMMONS TO ISSUE filed by MIDDLE EAST BROADCASTING NETWORKS, INC..(Verrilli, Donald) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

PACER
3

NOTICE of Appearance by Donald Beaton Verrilli, Jr on behalf of MIDDLE EAST BROADCASTING NETWORKS, INC. (Verrilli, Donald) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

PACER
4

LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by MIDDLE EAST BROADCASTING NETWORKS, INC. (Verrilli, Donald) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

Clearinghouse
6

NOTICE OF RELATED CASE by MIDDLE EAST BROADCASTING NETWORKS, INC.. Case related to Case No. 25-cv-799. (Verrilli, Donald) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

PACER
7

NOTICE OF RELATED CASE by MIDDLE EAST BROADCASTING NETWORKS, INC.. Case related to Case No. 25-cv-840. (Verrilli, Donald) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

Clearinghouse
8

NOTICE of Appearance by Ginger Dawn Anders on behalf of MIDDLE EAST BROADCASTING NETWORKS, INC. (Anders, Ginger) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

PACER
9

NOTICE of Appearance by Jeremy Kreisberg on behalf of MIDDLE EAST BROADCASTING NETWORKS, INC. (Kreisberg, Jeremy) (Entered: 04/01/2025)

April 1, 2025

April 1, 2025

PACER
10

SUMMONS (9) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

PACER
18

STATUS REPORT by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. (Heiman, Julia) (Entered: 04/02/2025)

April 2, 2025

April 2, 2025

RECAP

Case Assigned to Judge Royce C. Lamberth. (zmtm)

April 2, 2025

April 2, 2025

19

NOTICE OF WITHDRAWAL OF MOTION by OPEN TECHNOLOGY FUND re 4 MOTION for Temporary Restraining Order (Daugherty, Patrick) (Entered: 04/03/2025)

April 3, 2025

April 3, 2025

Clearinghouse
20

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 3/24/2025., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/24/2025. ( Answer due for ALL FEDERAL DEFENDANTS by 5/23/2025.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. All Defendants (Attachments: # 1 Exhibit A)(Daugherty, Patrick) (Entered: 04/07/2025)

April 7, 2025

April 7, 2025

PACER
11

MOTION for Preliminary Injunction by MIDDLE EAST BROADCASTING NETWORKS, INC.. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Declaration of Deirdre Kline, # 4 Exhibit 1, # 5 Exhibit 2, # 6 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/09/2025)

April 9, 2025

April 9, 2025

PACER
12

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Adeel Mohammadi, Filing fee $ 100, receipt number ADCDC-11607035. Fee Status: Fee Paid. by MIDDLE EAST BROADCASTING NETWORKS, INC.. (Verrilli, Donald) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
13

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Gabriel Mark Bronshteyn, Filing fee $ 100, receipt number ADCDC-11607043. Fee Status: Fee Paid. by MIDDLE EAST BROADCASTING NETWORKS, INC.. (Verrilli, Donald) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER
14

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Hailyn Chen, Filing fee $ 100, receipt number ADCDC-11607047. Fee Status: Fee Paid. by MIDDLE EAST BROADCASTING NETWORKS, INC.. (Verrilli, Donald) (Entered: 04/10/2025)

April 10, 2025

April 10, 2025

PACER

MINUTE ORDER: The parties agreed to brief this case alongside Radio Free Asia v. United States, 25-cv-907. The government's combined Opposition to Radio Free Asia and Middle East Broadcast Networks' Preliminary Injunction Motions is due by 4/11/2025 at 5:00 pm. The plaintiffs' combined Reply is due by 4/12/2025. Upon reviewing the parties' filings, the Court will schedule a hearing promptly. Signed by Judge Royce C. Lamberth on 4/10/2025. (lcrcl3)

April 10, 2025

April 10, 2025

15

MOTION for Leave to File Amicus Brief by REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS. (Attachments: # 1 Exhibit Proposed Brief)(Brown, Bruce) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
16

NOTICE of Appearance by Julia Alexandra Heiman on behalf of All Defendants (Heiman, Julia) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

Clearinghouse
17

RESPONSE re 11 MOTION for Preliminary Injunction filed by SCOTT BESSENT, KARI LAKE, VICTOR MORALES, OFFICE OF MANAGEMENT AND BUDGET, UNITED STATES OF AMERICA, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES DEPARTMENT OF TREASURY, RUSSELL VOUGHT. (Attachments: # 1 Appendix A, # 2 Appendix B, # 3 Appendix C, # 4 Text of Proposed Order)(Heiman, Julia) (Entered: 04/11/2025)

April 11, 2025

April 11, 2025

PACER
18

REPLY to opposition to motion re 11 Motion for Preliminary Injunction, filed by MIDDLE EAST BROADCASTING NETWORKS, INC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/12/2025)

April 12, 2025

April 12, 2025

PACER

MINUTE ORDER: On Thursday, April 17, the Court will hold a hearing on the pending preliminary injunction motions in Widakuswara v. Lake, 25-cv-1015, and Abramowitz v. Lake, 25-cv-887. The hearing will begin at 11:30 AM in Courtroom 15. Plaintiffs will present their arguments first; the Court will break for lunch at 12:30 PM and will reconvene at 1:45 PM; and the government will present their argument once the Court reconvenes. Plaintiffs will be provided time to respond. Once the hearing concludes, the Court will take a brief recess. At that point, the Court will hold status conferences for each of the network grantee cases in which there is a pending motion for preliminary relief: RFE/RL v. Lake, 25-cv-799 (RCL); Radio Free Asia v. United States, 25-cv-907 (RCL); and Middle East Broadcasting Networks v. United States, 25-cv-966 (RCL). Counsel in each of the network grantee cases listed above is encouraged to attend the Widakuswara preliminary injunction hearing, given the interrelatedness of the relief sought in each case. Signed by Judge Royce C. Lamberth on 4/15/2025. (lcrcl3)

April 15, 2025

April 15, 2025

19

NOTICE of Appearance by Abigail Stout on behalf of All Defendants (Stout, Abigail) (Entered: 04/16/2025)

April 16, 2025

April 16, 2025

Clearinghouse

NOTICE of Hearing: Status Conference set for 4/17/2025 at 3:30 PM in Courtroom 15 (In Person) before Judge Royce C. Lamberth. (smc)

April 16, 2025

April 16, 2025

20

MOTION for Leave to File Supplemental Declaration by MIDDLE EAST BROADCASTING NETWORKS, INC.. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/17/2025)

April 17, 2025

April 17, 2025

PACER

Minute Entry for Status Conference held on 4/17/2025 before Judge Royce C. Lamberth: Parties discussed posture of case. Court Reporter: Sonja Reeves. (smc)

April 17, 2025

April 17, 2025

21

TRANSCRIPT OF STATUS CONFERENCE before Judge Royce C. Lamberth held on April 17, 2025; Page Numbers: 1-6. Date of Issuance: April 18, 2025. Court Reporter/Transcriber Sonja L. Reeves, RDR, CRR, Telephone number (202) 354-3246, 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 5/9/2025. Redacted Transcript Deadline set for 5/19/2025. Release of Transcript Restriction set for 7/17/2025.(Reeves, Sonja) (Entered: 04/18/2025)

April 18, 2025

April 18, 2025

PACER
22

MOTION for Order Granting Preliminary Injunction by MIDDLE EAST BROADCASTING NETWORKS, INC.. (Attachments: # 1 Text of Proposed Order)(Verrilli, Donald) (Entered: 04/24/2025)

April 24, 2025

April 24, 2025

Clearinghouse

MINUTE ORDER: the parties are ORDERED to appear for a Motion Hearing, regarding Plaintiff's Motion for Order Granting Preliminary Injunction, on 4/25/2025 at 02:30 PM in Courtroom 15- In Person before Judge Royce C. Lamberth. Signed by Judge Royce C. Lamberth on 4/24/2025. (lcrcl3)

April 24, 2025

April 24, 2025

23

ORDER granting 11 Motion for Preliminary Injunction; granting 22 Motion for Order. Signed by Judge Royce C. Lamberth on 4/25/2025. (lcrcl3) (Main Document 23 replaced on 4/25/2025) (zsmc). (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

RECAP
24

NOTICE OF INTERLOCUTORY APPEAL as to 23 Order on Motion for Preliminary Injunction, Order on Motion for Order by SCOTT BESSENT, KARI LAKE, VICTOR MORALES, OFFICE OF MANAGEMENT AND BUDGET, UNITED STATES OF AMERICA, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES DEPARTMENT OF TREASURY, RUSSELL VOUGHT. Fee Status: No Fee Paid. Parties have been notified. (Stout, Abigail) Modified on 4/25/2025 to add docket link (zjm). (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

RECAP
25

Transmission of the Notice of Interlocutory Appeal, Order Appealed and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the appeal was filed by the government re 24 Notice of Interlocutory Appeal,. (zjm) (Entered: 04/25/2025)

April 25, 2025

April 25, 2025

PACER

Minute Entry for Motion Hearing held on 4/25/2025 before Judge Royce C. Lamberth: re 22 MOTION for Order Granting Preliminary Injunction. Court Reporter: Tim Miller. (smc)

April 25, 2025

April 25, 2025

USCA Case Number 25-5150 for 24 Notice of Interlocutory Appeal, filed by RUSSELL VOUGHT, KARI LAKE, UNITED STATES DEPARTMENT OF TREASURY, OFFICE OF MANAGEMENT AND BUDGET, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OF AMERICA, SCOTT BESSENT, VICTOR MORALES. (zdp)

April 25, 2025

April 25, 2025

21

ENTERED IN ERROR.....MOTION for Preliminary Injunction by OPEN TECHNOLOGY FUND. (Attachments: # 1 Memorandum in Support, # 2 Declaration Third Cunningham Declaration, # 3 Exhibit D, # 4 Exhibit E, # 5 Text of Proposed Order)(Daugherty, Patrick) Modified on 4/29/2025; entered in error at the request of counsel (zdp). (Entered: 04/29/2025)

1 Memorandum in Support

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2 Declaration Third Cunningham Declaration

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3 Exhibit D

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4 Exhibit E

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5 Text of Proposed Order

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April 29, 2025

April 29, 2025

RECAP
22

MOTION for Preliminary Injunction by OPEN TECHNOLOGY FUND. (Attachments: # 1 Memorandum in Support, # 2 Declaration Third Cunningham Declaration, # 3 Exhibit D, # 4 Exhibit E, # 5 Text of Proposed Order)(Daugherty, Patrick) (Entered: 04/29/2025)

1 Memorandum in Support

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2 Declaration Third Cunningham Declaration

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3 Exhibit D

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4 Exhibit E

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5 Text of Proposed Order

View on PACER

April 29, 2025

April 29, 2025

Clearinghouse
26

STATUS REPORT by SCOTT BESSENT, KARI LAKE, VICTOR MORALES, OFFICE OF MANAGEMENT AND BUDGET, UNITED STATES OF AMERICA, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES DEPARTMENT OF TREASURY, RUSSELL VOUGHT. (Heiman, Julia) (Entered: 05/01/2025)

May 1, 2025

May 1, 2025

PACER
27

ORDER of USCA as to 24 Notice of Interlocutory Appeal, filed by RUSSELL VOUGHT, KARI LAKE, UNITED STATES DEPARTMENT OF TREASURY, OFFICE OF MANAGEMENT AND BUDGET, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OF AMERICA, SCOTT BESSENT, VICTOR MORALES ; USCA Case Number 25-5150. (zdp) (Entered: 05/02/2025)

May 1, 2025

May 1, 2025

PACER
23

NOTICE Regarding Defendants' Failure to Respond to Plaintiff's Motion for Preliminary Injunction by OPEN TECHNOLOGY FUND re 22 Motion for Preliminary Injunction (Daugherty, Patrick) (Entered: 05/07/2025)

May 7, 2025

May 7, 2025

RECAP
24

RESPONSE re 22 MOTION for Preliminary Injunction filed by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 05/07/2025)

1 Text of Proposed Order

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May 7, 2025

May 7, 2025

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25

MOTION for Extension of Time to File Response/Reply as to 22 MOTION for Preliminary Injunction Nunc Pro Tunc by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 05/07/2025)

1 Text of Proposed Order

View on RECAP

May 7, 2025

May 7, 2025

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26

ORDER: Upon consideration of the defendants' Motion 25 for an Extension of Time to File a Response, nunc pro tunc, and the entire record herein, it is hereby ORDERED that the Motion is GRANTED; and it is further ORDERED that the plaintiff shall file any reply before 12:00 PM on May 15, 2025. Signed by Judge Royce C. Lamberth on 05/12/2025. (lcrcl2) (Entered: 05/12/2025)

May 12, 2025

May 12, 2025

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27

REPLY to opposition to motion re 22 Motion for Preliminary Injunction filed by OPEN TECHNOLOGY FUND. (Daugherty, Patrick) (Entered: 05/15/2025)

May 15, 2025

May 15, 2025

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28

Consent MOTION to Continue Defendants' Obligation to Respond to Plaintiffs' Complaint Until after the DC Circuit has Issued Guidance by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 05/16/2025)

1 Text of Proposed Order

View on RECAP

May 16, 2025

May 16, 2025

RECAP

~Util - Set/Reset Hearings

May 18, 2025

May 18, 2025

NOTICE of Hearing: Motion Hearing, re: 22 Motion for Preliminary Injunction, is set for 5/20/2025 at 10:00 AM in Courtroom 15 (In Person) before Judge Royce C. Lamberth. (lcrcl2)

May 18, 2025

May 18, 2025

29

ORDER granting (54) Motion to Continue in case 1:25-cv-00799-RCL; granting (28) Motion to Continue in case 1:25-cv-00840-RCL; granting (31) Motion to Continue in case 1:25-cv-00907-RCL; granting (29) Motion to Continue in case 1:25-cv-00966-RCL. Signed by Judge Royce C. Lamberth on 5/19/2025. (lcrcl3) (Entered: 05/19/2025)

May 19, 2025

May 19, 2025

Clearinghouse

Motion Hearing

May 20, 2025

May 20, 2025

Minute Entry for Motion Hearing held on 5/20/2025 before Judge Royce C. Lamberth: re 22 MOTION for Preliminary Injunction filed by OPEN TECHNOLOGY FUND. Oral arguments heard and TAKEN UNDER ADVISEMENT. Court Reporter: Chandra Kean. (smc)

May 20, 2025

May 20, 2025

30

NOTICE OF SUPPLEMENTAL AUTHORITY by OPEN TECHNOLOGY FUND (Attachments: # 1 Attachment 1)(Daugherty, Patrick) (Entered: 05/29/2025)

1 Attachment 1

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May 29, 2025

May 29, 2025

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31

Unopposed MOTION to Continue Defendants' Deadline to Respond to Plaintiff's Complaint Until June 17, 2025 by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 06/11/2025)

1 Text of Proposed Order

View on RECAP

June 11, 2025

June 11, 2025

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32

NOTICE of Supplemental Information by OPEN TECHNOLOGY FUND re 22 Motion for Preliminary Injunction (Daugherty, Patrick) (Entered: 06/13/2025)

June 13, 2025

June 13, 2025

RECAP

Order on Motion to Continue AND Set/Reset Deadlines

June 13, 2025

June 13, 2025

MINUTE ORDER granting 31 Unopposed Motion to Continue Deadline; Defendants' Response to Plaintiffs' Complaint due by 6/17/2025. Signed by Judge Royce C. Lamberth on 6/13/2025. (lcrcl3)

June 13, 2025

June 13, 2025

33

MOTION to Dismiss, MOTION for Summary Judgment by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Heiman, Julia) (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

Clearinghouse
34

ENTERED IN ERROR.....MOTION for Summary Judgment, MOTION to Dismiss by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Text of Proposed Order)(Heiman, Julia) Modified on 6/18/2025; duplicate of docket entry 33 (zdp). (Entered: 06/17/2025)

June 17, 2025

June 17, 2025

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35

MEMORANDUM ORDER granting Plaintiff Open Technology Fund's Motion 22 for Preliminary Injunction. See Order for details. Signed by Judge Royce C. Lamberth on 6/20/2025. (lcrcl3) (Entered: 06/20/2025)

June 20, 2025

June 20, 2025

Clearinghouse

DEPOSIT of Funds for Bond in the amount of $ 100.00, Receipt Number 209839, pursuant to 35 Memorandum Order. (znmw)

June 23, 2025

June 23, 2025

36

Cross MOTION for Summary Judgment and Response in Opposition to Defendants' Motion to Dismiss/Motion for Summary Judgment by OPEN TECHNOLOGY FUND. (Attachments: # 1 Memorandum in Support, # 2 Fourth Cunningham Declaration, # 3 Anderson Declaration, # 4 Statement of Facts, # 5 Text of Proposed Order)(Daugherty, Patrick) (Entered: 07/01/2025)

July 1, 2025

July 1, 2025

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37

STATUS REPORT by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. (Heiman, Julia) (Entered: 07/01/2025)

July 1, 2025

July 1, 2025

RECAP
38

Consent MOTION for Extension of Time to File Response/Reply as to 33 MOTION to Dismiss MOTION for Summary Judgment to Facilitate Consolidated Briefing by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 07/07/2025)

1 Text of Proposed Order

View on PACER

July 7, 2025

July 7, 2025

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39

ORDER granting 38 Motion for Extension of Time to File Reply. Defendants' Reply in support of their Motion to Dismiss and for Summary Judgment due by 7/15/2025. Signed by Judge Royce C. Lamberth on 7/9/2025. (lcrcl3) (Entered: 07/09/2025)

July 9, 2025

July 9, 2025

RECAP
40

REPLY to opposition to motion re 33 Motion to Dismiss,, Motion for Summary Judgment, and Opposition to Cross-Motion for Summary Judgment filed by KARI LAKE, VICTOR MORALES, UNITED STATES AGENCY FOR GLOBAL MEDIA, UNITED STATES OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Heiman, Julia) (Entered: 07/15/2025)

July 15, 2025

July 15, 2025

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41

REPLY to opposition to motion re 36 Motion for Summary Judgment, filed by OPEN TECHNOLOGY FUND. (Daugherty, Patrick) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

RECAP

Deposit of

July 30, 2025

July 30, 2025

Case Details

State / Territory:

District of Columbia

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: March 20, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Open Technology Fund is a private, independent, not-for-profit 501(c)(3) organization dedicated to advancing global internet freedom.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Agency for Global Media, Federal

Office of Management and Budget, Federal

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Spending/Appropriations Clauses

Separation of Powers

Presentment Clause

Take Care Clause

Other Dockets:

U.S. Court of Appeals for the District of Columbia Circuit 25-05150

District of District of Columbia 1:25-cv-00840

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Funding

Presidential/Gubernatorial Authority:

Impoundment (mandatory spending)