Case: Jackson v. Kennedy

Chicago Headline Club v. Noem

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number ADCDC-11731522) filed by SHAWN CHENAULT, BRENDAN DEMICH, CATHERINE JACKSON, VID DESAI, FONDA KORNEGAY, CARRIE GREENE, MELISSA ADAMS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons (Combined Requests))(Bailey, Clayton) (Entered: 06/03/2025)

1 Civil Cover Sheet

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2 Summons (Combined Requests)

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SEALED DOCUMENT filed by MELISSA ADAMS, SHAWN CHENAULT, BRENDAN DEMICH, VID DESAI, CARRIE GREENE, CATHERINE JACKSON, FONDA KORNEGAY re 1 Complaint, (This document is SEALED and only available to authorized persons.)(Bailey, Clayton) (Entered: 06/03/2025)

SUMMONS (16) Issued Electronically as to All Defendants. (Attachments: # 1 Notice and Consent)(znmw) (Entered: 06/04/2025)

1 Notice and Consent

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REQUEST FOR SUMMONS TO ISSUE filed by SHAWN CHENAULT, BRENDAN DEMICH, CATHERINE JACKSON, VID DESAI, FONDA KORNEGAY, CARRIE GREENE, MELISSA ADAMS. Related document: Notice of Error- New Case,.(Bailey, Clayton) (Entered: 06/04/2025)

STANDING ORDER. Signed by Judge Beryl A. Howell on June 4, 2025. (lcbah1) (Entered: 06/04/2025)

Notice of Error- New Case

Case Assigned/Reassigned

Case Assigned to Judge Beryl A. Howell. (znmw)

NOTICE OF NEW CASE ERROR regarding 1 Complaint,. The following error(s) need correction: Missing summonses- U.S. government. When naming a U.S. government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (znmw)

SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (mg) (Entered: 06/05/2025)

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/5/2025. Answer due for ALL FEDERAL DEFENDANTS by 8/4/2025. (Bailey, Clayton) (Entered: 06/10/2025)

NOTICE of Appearance by Alexander William Resar on behalf of All Defendants (Resar, Alexander) (Entered: 07/08/2025)

NOTICE of Appearance by Jessica Merry Samuels on behalf of All Plaintiffs (Samuels, Jessica) (Entered: 07/09/2025)

Joint MOTION for Extension of Time to File Responsive Pleading, Joint MOTION to Stay LCvR 23.1(b) Deadline for Plaintiffs' Motion for Class Certification by ADMINISTRATION FOR CHILDREN AND FAMILIES, CENTERS FOR DISEASE CONTROL AND PREVENTION, CHARLES EZELL, AMY GLEASON, ANDREW GRADISON, ROBERT F. KENNEDY, JR, MARTIN MAKARY, SUSAN MONAREZ, ELON MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. FOOD AND DRUG ADMINISTRATION, U.S. OFFICE OF PERSONNEL MANAGEMENT, RUSSELL VOUGHT. (Attachments: # 1 Proposed Order)(Resar, Alexander) (Entered: 07/09/2025)

1 Proposed Order

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RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. ADMINISTRATION FOR CHILDREN AND FAMILIES served on 6/11/2025; CENTERS FOR DISEASE CONTROL AND PREVENTION served on 6/9/2025; CHARLES EZELL served on 6/11/2025; AMY GLEASON served on 6/17/2025; ANDREW GRADISON served on 6/11/2025; ROBERT F. KENNEDY, JR served on 6/11/2025; MARTIN MAKARY served on 6/10/2025; SUSAN MONAREZ served on 6/9/2025; ELON MUSK served on 6/17/2025; OFFICE OF MANAGEMENT AND BUDGET served on 6/17/2025; U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 6/11/2025; U.S. DOGE SERVICE served on 6/17/2025; U.S. DOGE SERVICE TEMPORARY ORGANIZATION served on 6/17/2025; U.S. FOOD AND DRUG ADMINISTRATION served on 6/10/2025; U.S. OFFICE OF PERSONNEL MANAGEMENT served on 6/11/2025; RUSSELL VOUGHT served on 6/17/2025, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 06/12/2025. (Samuels, Jessica) (Entered: 07/10/2025)

Order on Motion for Extension of Time to AND Order on Motion to Stay

MINUTE ORDER (paperless) GRANTING the parties' 10 Joint Motion for Extension of Time; DIRECTING defendants to respond to plaintiff's 1 Complaint by September 5, 2025; and STAYING the deadline for plaintiffs to move for class certifications until resolution of defendant's anticipated motion to dismiss and the parties' submission of the conference report required by Federal Rule of Civil Procedure 26(f) and LCvR 16.3. Signed by Judge Beryl A. Howell on July 10, 2025. (lcbah1)

Set/Reset Deadlines

Set/Reset Deadlines: Defendant's Response To The Plaintiff's 1 Complaint due by 9/5/2025. (mac)

MOTION to Dismiss, MOTION to Dismiss for Lack of Jurisdiction by ADMINISTRATION FOR CHILDREN AND FAMILIES, CENTERS FOR DISEASE CONTROL AND PREVENTION, CHARLES EZELL, AMY GLEASON, ANDREW GRADISON, ROBERT F. KENNEDY, JR, MARTIN MAKARY, SUSAN MONAREZ, ELON MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. FOOD AND DRUG ADMINISTRATION, U.S. OFFICE OF PERSONNEL MANAGEMENT, RUSSELL VOUGHT. (Attachments: # 1 Memorandum of law in Support of Defendants' Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6), # 2 Proposed Order)(Resar, Alexander) (Entered: 09/05/2025)

1 Memorandum of law in Support of Defendants' Motion to Dismiss Pursuant to

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2 Proposed Order

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Consent MOTION for Extension of Time to file Reply in Support of Motion to Dismiss by ADMINISTRATION FOR CHILDREN AND FAMILIES, CENTERS FOR DISEASE CONTROL AND PREVENTION, CHARLES EZELL, AMY GLEASON, ANDREW GRADISON, ROBERT F. KENNEDY, JR, MARTIN MAKARY, SUSAN MONAREZ, ELON MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. FOOD AND DRUG ADMINISTRATION, U.S. OFFICE OF PERSONNEL MANAGEMENT, RUSSELL VOUGHT. (Attachments: # 1 Proposed Order)(Resar, Alexander) (Entered: 09/17/2025)

Order on Motion for Extension of Time to

MINUTE ORDER (paperless) GRANTING defendants' 13 Consent Motion to Extend Deadline to File Reply in Support of Motion to Dismiss; and DIRECTING defendants to file a reply in support of their motion to dismiss by October 3, 2025. Signed by Judge Beryl A. Howell on September 18, 2025. (lcbah1)

Set/Reset Deadlines

Set/Reset Deadlines: Defendants Reply In Support Of Motion To Dismiss due by 10/3/2025. (mac)

Memorandum in opposition to re 12 MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction filed by MELISSA ADAMS, SHAWN CHENAULT, BRENDAN DEMICH, VID DESAI, CARRIE GREENE, CATHERINE JACKSON, FONDA KORNEGAY. (Attachments: # 1 Text of Proposed Order)(Bailey, Clayton) (Entered: 09/19/2025)

1 Text of Proposed Order

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MOTION for Scheduling Order Reinstating Reply Deadline by MELISSA ADAMS, SHAWN CHENAULT, BRENDAN DEMICH, VID DESAI, CARRIE GREENE, CATHERINE JACKSON, FONDA KORNEGAY. (Attachments: # 1 Text of Proposed Order)(Bailey, Clayton) (Entered: 10/01/2025)

1 Text of Proposed Order

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Memorandum in opposition to re 15 MOTION for Scheduling Order Reinstating Reply Deadline filed by ADMINISTRATION FOR CHILDREN AND FAMILIES, CENTERS FOR DISEASE CONTROL AND PREVENTION, CHARLES EZELL, AMY GLEASON, ANDREW GRADISON, ROBERT F. KENNEDY, JR, MARTIN MAKARY, SUSAN MONAREZ, ELON MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. FOOD AND DRUG ADMINISTRATION, U.S. OFFICE OF PERSONNEL MANAGEMENT, RUSSELL T. VOUGHT. (Resar, Alexander) (Entered: 10/01/2025)

MINUTE ORDER (paperless), upon consideration of plaintiffs' 15 Motion to Reinstate Reply Deadline and appreciating the frustration expressed in extending defendants' deadline, nonetheless DENYING, without prejudice, plaintiffs' motion, given that defendants' counsel "are generally prohibited, with limited exceptions, from working during the pendency of the lapse of appropriations, even on a voluntary basis," Oct. 1, 2025 Standing Order No. 25-55 (Boasberg, C.J.). Signed by Judge Beryl A. Howell on October 2, 2025. (lcbah1)

Order on Motion for Scheduling Order

MOTION for Scheduling Order Reinstating Reply Deadline (Renewed) by MELISSA ADAMS, SHAWN CHENAULT, BRENDAN DEMICH, VID DESAI, CARRIE GREENE, CATHERINE JACKSON, FONDA KORNEGAY. (Attachments: # 1 Exhibit 1 - Nagy Declaration, # 2 Text of Proposed Order)(Bailey, Clayton) (Entered: 10/15/2025)

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REVISED MINUTE ORDER (paperless), upon consideration of 17 Plaintiffs' Renewed Motion to Reinstate Reply Deadline, GRANTING plaintiffs' motion in light of the significant privacy interests, affecting thousands of federal employees, raised in the case, see Compl. ¶ 1, ECF No. 1, and the posture of briefing on a dispositive motion in this case, with the original filing deadline for defendants' reply brief on October 3, 2025, merely two days after issuance of the blanket extension of deadlines and stay of civil matters involving the federal government, subject to certain exceptions, including "further order of the Court," in Standing Order No. 25-55 (Oct. 1, 2025) (Boasberg, C.J.), and the fact that the Department of Justice's own Contingency Plan authorizes employees to work "[i]f a court... orders a case to continue," FY 2026 Contingency Plan at 3 (Sept. 29, 2025), https://www.justice.gov/jmd/media/1377216/dl; and DIRECTING defendants to file any reply in support of their motion to dismiss by October 22, 2025 at 2 p.m. Signed by Judge Beryl A. Howell on October 17, 2025. (lcbah1)

Order on Motion for Scheduling Order

Set/Reset Deadlines

Set/Reset Deadlines: Defendants Reply In Support Of Their Motion To Dismiss due no later than 2:00PM on 10/22/2025. (mac)

REPLY to opposition to motion re 12 Motion to Dismiss,,, Motion to Dismiss/Lack of Jurisdiction,, filed by ADMINISTRATION FOR CHILDREN AND FAMILIES, CENTERS FOR DISEASE CONTROL AND PREVENTION, CHARLES EZELL, AMY GLEASON, ANDREW GRADISON, ROBERT F. KENNEDY, JR, MARTIN MAKARY, SUSAN MONAREZ, ELON MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. FOOD AND DRUG ADMINISTRATION, U.S. OFFICE OF PERSONNEL MANAGEMENT, RUSSELL T. VOUGHT. (Resar, Alexander) (Entered: 10/22/2025)

MOTION to Withdraw as Attorney by Jessica Merry Samuels by MELISSA ADAMS, SHAWN CHENAULT, BRENDAN DEMICH, VID DESAI, CARRIE GREENE, CATHERINE JACKSON, FONDA KORNEGAY. (Samuels, Jessica) (Entered: 01/15/2026)

ORDER DENYING in part and GRANTING in part 12 Defendants' Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). See Order for further details. The Clerk of the Court is directed to terminate this case as to individual defendants named in their official capacities, Robert F. Kennedy, Jr., Russell Vought, Elon Musk, Amy Gleason, Charles Ezell, Andrew Gradison, Martin Makary, Jim ONeill, and Susan Monarez. Signed by Judge Beryl A. Howell on January 22, 2026. (lcbah1) (Entered: 01/22/2026)

MEMORANDUM OPINION regarding 12 Defendants' Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Signed by Judge Beryl A. Howell on January 22, 2026. (lcbah1)

Set/Reset Deadlines: Joint Meet & Confer due by 2/6/2026. (mac)

Set/Reset Deadlines

MINUTE ORDER (paperless) GRANTING plaintiffs' counsel Jessica Merry Samuels's 19 Motion for Leave to Withdraw as Counsel. Signed by Judge Beryl A. Howell on January 26, 2026. (lcbah1)

Order on Motion to Withdraw as Attorney

NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 02/02/2026)

Unopposed MOTION for Extension of Time to Submit Meet and Confer Statement by ELON MUSK, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. FOOD AND DRUG ADMINISTRATION, U.S. OFFICE OF PERSONNEL MANAGEMENT, RUSSELL T. VOUGHT. (Attachments: # 1 Text of Proposed Order)(Shapiro, Elizabeth) (Entered: 02/02/2026)

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NOTICE of Appearance by Margaret E. Wydman on behalf of All Plaintiffs (Wydman, Margaret) (Entered: 02/03/2026)

NOTICE of Appearance by Brittany Bruns on behalf of All Defendants (Bruns, Brittany) (Entered: 02/03/2026)

MINUTE ORDER (paperless) GRANTING defendants' 23 Unopposed Motion to Extend Deadline to File Joint Meet and Confer Report, and DIRECTING the parties to file the Joint Meet and Confer Report by January 30, 2026. Signed by Judge Beryl A. Howell on February 4, 2026. (lcbah1)

MINUTE ORDER (paperless) GRANTING defendants' 23 Unopposed Motion to Extend Deadline to File Joint Meet and Confer Report, and DIRECTING the parties to file the Joint Meet and Confer Report by February 20, 2026. Signed by Judge Beryl A. Howell on February 4, 2026. (lcbah1)

Order on Motion for Extension of Time to

Set/Reset Deadlines: Parties Joint Meet & Confer Statement due by 1/30/2026. (mac)

Set/Reset Deadlines: Parties Joint Meet & Confer Statement due by 2/20/2026. (mac)

Set/Reset Deadlines

MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order (Plaintiffs'), # 2 Text of Proposed Order (Defendants'))(Wydman, Margaret) (Entered: 02/20/2026)

1 Text of Proposed Order (Plaintiffs')

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2 Text of Proposed Order (Defendants')

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ANSWER to Complaint by ADMINISTRATION FOR CHILDREN AND FAMILIES, CENTERS FOR DISEASE CONTROL AND PREVENTION, OFFICE OF MANAGEMENT AND BUDGET, U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, U.S. DOGE SERVICE, U.S. DOGE SERVICE TEMPORARY ORGANIZATION, U.S. FOOD AND DRUG ADMINISTRATION, U.S. OFFICE OF PERSONNEL MANAGEMENT.(Bruns, Brittany) (Entered: 02/20/2026)

.Order

MINUTE ORDER (paperless), upon consideration of the parties' 26 Joint Meet and Confer Report ("Jt. Rpt"), which sets out the parties' positions in their dispute regarding the timing of discovery, and further considering (a) that plaintiffs have long previewed the importance of pre-certification discovery, without opposition from defendants, see ECF No. 10 at 2; (b) that "[c]lass certification and the underlying merits are closely intertwined and will involve overlapping discovery, including common decisionmakers and related issues of causation and record accuracy," Jt. Rpt. at 3; (c) that "Named Plaintiffs will be entitled to substantially similar discovery, so there is no efficiency interest in delaying discovery," id.; and (d) that pre-certification discovery is common in cases like these, see Burton v. D.C., 277 F.R.D. 224, 230 (D.D.C. 2011) (BAH) ("The Supreme Court's ruling in Wal-Mart confirms that pre-certification discovery should ordinarily be available where a plaintiff has alleged a potentially viable class claim."), given the "overlap between merits issues and class certification requirements, together with the challenge of distinguishing whether any given discovery falls into one category versus the other, and the likelihood that disputes over such distinctions will arise, has left courts 'reluctant to bifurcate class-related discovery from discovery on the merits,'" Wesley v. Samsung Elecs. Am., Inc., No. 20-cv-18629, 2022 WL 2870200, at *2 (D.N.J. July 21, 2022) (quoting Ahmed v. HSBC Bank USA, Nat'l Ass'n, No. 15-cv-2057, 2018 WL 501413, at * 3 (C.D. Cal. Jan. 5, 2018); and also citing Singh v. Lenovo (United States) Inc., No. 20-cv-1082, 2021 WL 1516032, at *1 (D. Md. Apr. 16, 2021); Cardenas v. Resort Sales by Spinnaker, Inc., No. 20-cv-376, 2021 WL 733393, at *2-3 (D.S.C. Feb. 24, 2021); Chen-Oster v. Goldman, Sachs & Co., 285 F.R.D. 294, 300 (S.D.N.Y. 2012)); cf. 1 McLaughlin on Class Actions § 3:10 (18th ed. 2021) (observing that, when bifurcation of class and merits discovery is warranted, "the frequent overlap between merits and class certification inquiries may make its enforcement fraught with difficult line-drawing disputes"); ISSUING the following SCHEDULING ORDER to control the timing of proceedings in this matter: (1) by March 20, 2026, the parties shall exchange initial disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1); (2) by September 21, 2026, all fact discovery shall close and plaintiffs shall file their motion for class certification; (3) by November 5, 2026, defendants shall file any opposition to class certification, with any reply by plaintiffs in support of class certification due by November 30, 2026; (4) by February 12, 2027, all expert discovery shall close; (5) by March 29, 2027, the parties shall file any dispositive motions, with any oppositions due by April 28, 2027, and any replies by May 19, 2027. Signed by Judge Beryl A. Howell on March 2, 2026. (lcbah1)

Set/Reset Deadlines

Set/Reset Deadlines: Initial Disclosure due by 3/20/2026. Fact Discovery due by 9/21/2026. Motion For Class Certification due by 9/21/2026. Opposition To Class Certification due by 11/5/2026. Replies By Plaintiffs In Support Of Class Certification due by 11/30/2026. Expert Discovery due by 2/12/2027. Parties Dispositive Motions due by 3/29/2027. Oppositions due by 4/28/2027. Replies due by 5/19/2027. (mac)

MINUTE ORDER (paperless), upon consideration of the parties' 29 Stipulation of Partial Dismissal, DISMISSING without prejudice all claims brought by plaintiffs Brendan Demich and Fonda Kornegay, and all claims against defendant Centers for Disease Control and Prevention. See Federal Rule of Civil Procedure 41(a)(1)(A)(ii). The Clerk of the Court is directed to dismiss all claims brought by plaintiffs Brendan Demich and Fonda Kornegay, and all claims brought against defendant Centers for Disease Control and Prevention. Signed by Judge Beryl A. Howell on March 20, 2026. (lcbah1)

.Order